lEx Htbra SEYMOUR DURST When you leave, please leave this book Because it has been said " Ever'lhing comes f him who waits Except a loaned book." Avery Architectural and Fine Arts Library Gu t of Seymour B. Durst Old York Library I 1 ♦ t JOURNALS OF THE PROVINCIAL CONGRESS, PROVINCIAL CONVENTION, COMMITTEE OF SAFETY AND COUNCIL OF SAFETY OF THE STATE OF NEW-YORK. 1775-1776-1777 Vol. I. ALBANY: PRINTED BY THURLOW WEED, PRINTER TO THE STATE. 1842. Digitized by the Internet Archive in 2014 https://archive.org/details/journalsofprovin01 newy These Journals are printed in pursuance of a resolution of the Legislature. WILLIAM H SEWARD. Albany, January 1st, 1842. STATE OF NEW-YORK. In Senate, April 17, 1841. Resolved, (if the Assembly concur,) That the Governor be authorized to procure the printing of two hun- dred and fifty copies of the Journals of the New-York Provincial Congress and Convention, and Committee of Safety, from May, 1775, to the adoption of the State Constitution, in 1777, in order to complete the series of Legis- lative Journals of the Colony and State of New- York ; and that twelve copies thereof be deposited in the Senate Chamber ; twelve copies in the Assembly Chamber ; three copies in the State Library ; one copy in the Comptrol- ler's office ; one copy in the Attorney-General's office ; one copy in the office of the clerk of each county of the State ; one copy in the State Library of each State of the Union ; and the remaining copies in the Secretary of State's office, to be distributed or sold by him. By order, SAMUEL G. ANDREWS, Clerk. STATE OP NEW-YORK. In Assembly May 24, 1841. Resolved, That the Assembly do concur with the Senate in their said resolution. By order. P. B. PRINDLE, Clerk. JOURNAL OF THE PROVINCIAL CONVENTION. CITY OF NEW-YORK, ) April 20th, 1775. J The Deputies hereinafter named, from the following counties, assembled at the Exchange in this city, for the purpose of forming a Provincial Convention, vizt : Philip Livingston, Esquire, John Alsop, Esquire, James Duane, Esquire, John Jay, Esquire, Colo. Leonard Lispenard, Mr. Francis Lewis, Mr. Abraham Walton, Mr. Isaac Roosevelt, Mr. Alexander McDougall and Mr. Abraham Brasier — For the city and county of New- York. Colo. Philip Schuyler, Colo. Abraham Ten Broeck and Abraham Yates, Junr. Esquire — For the city and county of Albany. Charles D. Witt, George Clinton and Levy Pawling Esqrs. — For Ulster county. Colo. A. Hawkes Hay, Henry Wisner, Esquire, John Herring, Esquire, Mr. Peter Clowes and Mr. Israel Seely — For Orange county. Colo. Lewis Morris, John Thomas, Junr. Esquire, Robert Graham, Esquire, Major Philip Van Cortlandt, Samuel Drake, Esquire and Mr. Stephen Ward — For West Chester county. Colo. Morris Graham, Major Robert R. Livingston, Junr. and Egbert Benson, Esquire — For Dutches county. Simon Boerum, Esquire, Capt. Richard Stillwell, Mr. Theodorus Polhemus, Mr. Denice Denice and Mr. John Vander Bilt — For Kings county. Colo. William Floyd, Colo. Nathaniel Woodhull, Colo. Phineas Fan- ning, Thomas Tredwell, Esquire and John Sloss Hubbard, [Hobart,] Esquire — For Suffolk county. Colo. Jacob Blackwell and Mr. John Talman — From New Town and Flushing, in Queens county. The Convention unanimously chose Philip Livingston, Esquire, to be their President. Ordered, That the sense of this Convention upon every question be taken and determined by the majority of the votes of the counties here represented. That the votes of the city and county of New-York be considered as four, the city and county of Albany as three, and that of each of the other counties respectively as two, and that this arrangement shall not upon any future occa- sion be drawn into precedent. The Convention then unanimously elected John McKes- son, Esquire, to be their Secretary. The Deputies of the city and county of New-York pro- duced the poll lists taken the fifteenth day of March last, in each ward of the said city, certified under the hands of the vestrymen of the respective wards, and others before 1 whom they were taken, by which it appears that Philip Livingston, Esquire, John Alsop, Esquire, James Duane, Esquire, John Jay, Esquire, Leonard Lispenard, Esquire, Messrs. Francis Lewis, Abraham Walton, Isaac Roose- velt, Alexander McDougal, and Abraham Brasier, all now present, together with Mr. Isaac Low, who is not present, were elected by a very great majority of voices, to be the Deputies of the said city and county of New-York, for the sole purpose of appointing delegates to attend the next Continental Congress, to meet at Philadelphia on the tenth day of May next. Colo. Philip Schuyler, Colo. Abraham Ten Broeck, and Abraham Yates, Junr. Esquire, produced a certificate subscribed by John N. Bleecker, clerk of the committee of correspondence for the city and county of Albany, cer- tifying that they, together with Colo. Peter R. Living- ston and Walter Livingston, Esqr. were unanimously elect- ed by the said committee, (which committee was express- ly empowered for that purpose,) as Deputies for the city and county of Albany, to attend the Provincial Convention to be held in the city of New-York on this day, for the purpose of choosing delegates to represent this Colony at the next Continental Congress, to meet at Philadelphia on the tenth day of May next, which certificate bears date at Albany on the twenty-first day of March last past, and being read and accepted, is filed with the Secretary. Charles De Witt, George Clinton and Levy Pawling, Esquires, produced a certificate, bearingdatethe seventh day of April instant, subscribed by Colo. Johannes Hardenbergh, chairman or president of all the committees of the respec- tive towns and precincts in Ulster county, (except the towns of Rochester and Mamacoting,) which several committees were therein named, and declared to have been elected and appointed to meet, nominate and appoint Deputies for the said county, to serve in [the] Provincial Convention at the city of New-York on this day, or at such other time and place as might be agreed on, and were then assembled at the New Paltz, in the said county, for that purpose. And the said credentials certify that they, the said Charles De Witt, George Clinton and Levy Pawlin, Esquires, were unanimously elected by all the said committees, as Depu- ties for the said county of Ulster, to attend the Provincial 2 JOURNAL OF THE PROVINCIAL CONVENTION. Convention to be held at the city of New- York on this day, or at such other time and place as may be agreed on, for the purpose of electing delegates to represent this Colony in Continental Congress, to meet at Philadelphia on the tenth day of May next, or at such other time and place as may be agreed on for that purpose. The same gentlemen from Ulster county also produced a letter signed by Jacob Hoornbeek and Jochum Schoon- maker, (the committee elected by the said town of Roches- ter,) bearing date at Rochester, the eleventh day of April instant, consenting to and approving of the appointment of the said gentlemen, and reposing the same trust in them as the other towns and precincts in the said county of Ulster had done. And the said credentials being read and approved of by this Convention, are filed with the Secretary. The Convention then adjourned to five o'clock P. M. 5 o'clock P. M. April 20th, 1775. The Convention met pursuant to adjournment. Present — Philip Livingston, Esquire, President. Messrs. Francis Lewis, Alexander McDougall, Abraham Brasier, John Jay, Esquire, Leonard Lispenard, Esquire, Messrs. Isaac Roose- velt and Abraham Walton — For the city and county of New-York. Abraham Yales, Junr. Esqr., Colo. Philip Schuyler and Colo. Abra- ham Ten Broeck — For the city and county of Albany. Charles De Witt, George Clinton and Levy Pawling, Esqrs. — For Ulster county. Colo. A. Hawkes Hay, Henry Wisner, Esquire, John Herring, Esquire, Mr. Peter Clowes and Mr. Israel Seely — For Orange county. Colo. Lewis Morris, John Thomas, Junr. Esqr. Robert Graham, Esquire, Major Philip Van Cortlandt, Samuel Drake, Esquire and Mr. Stephen Ward — For West Chester county. Colo. Morris Graham, Ma jr. Robert R. Livingston, Junr. and Egbert Benson, Esquire — For Dutches county. Simon Boerum, Esquire, Theodorus Polhemus, Esqr. and Mr. John Vander Bilt — For Kings county. Colo. William Floyd, Colo. Nathaniel Woodhull, John Sloss Hubbard, Esqr. Thomas Tredwell, Esquire, and Colo. Phineas Fanning — For Suffolk county. Mr. John Tallman and Mr. Joseph Robinson — From Flushing and Jamaica in Queens county. The Deputies for Orange county produced here several credentials from the respective towns and precincts in that county, in substance as follows, to wit : A certificate signed by Gilbert Cooper, clerk, setting forth that at a town meeting of the precinct of Haver- straw, in the said county of Orange, held at the New City, on Tuesday, the fourth day of April instant, it was Resolved, First, That that meeting did highly approve of a Convention of Deputies from the different counties, to meet at the city of New-York on this day, for the pur- pose of choosing Delegates for the next Continental Con- gress, to be held at Philadelphia in the month of May next, as the most effectual means to promote the honour and happiness of this Colony, and to unite the Colony in the common cause for the preservation of our Rights and Liberties. And secondly, That it was then and there resolved, that Colonel A. Hawkes Hay, should be, and was thereby, appointed a Deputy to represent that precinct at such Pro- vincial Convention, to meet at this city of New- York on this day, and was thereby authorized and appointed to join with the Deputies who should meet in such Convention, in the appointment of delegates to represent this Colony at the next Continental Congress, and also to concur with the said Deputies in such other measures as might be thought necessary to promote the honor, happiness and interest of this Colony. Secondly , The same gentlemen. Deputies for Orange coun- ty, produced a certificate signed by Daniel Everett, precinct clerk of the precinct of Goshen, in the said county, certi- fying that at an annual town meeting held at Goshen, in and for the precinct of Goshen, on Tuesday the fourth day of April instant, it was moved and unanimously voted in the affirmative, that Henry Wisner and Peter Clowes, Esquires, be appointed Deputies for the said precinct of Goshen, to meet such other Deputies as should be appoint- ed by other parts of the Colony, in a Provincial Conven- tion to be held in this city of New-York on this day, for the purpose of electing Delegates for the next Continental Congress, to be held at Philadelphia, on the tenth day of May next. Thirdly, The said Deputies for Orange county pro- duced a certificate subscribed by Thomas Outwater, town clerk, setting forth that a meeting of the freeholders of the town of Orange, in Orange county, was held at the house of Jost Mabee, in the said town, on the seventeenth day of April instant, agreeable to notice given and request made by public advertisements for that purpose ; that the freeholders then and there assembled, took into considera- tion the necessity of their being duly and properly repre- sented at the Provincial Convention to be held at the city of New-York on this twentieth day of April, for the purpose of electing and appointing Delegates to represent this Colony of New- York at the next Continental Con- gress, to be held in the city of Philadelphia on the tenth day of May next. That the question was put, whether the freeholders there assembled, should send a deputy to represent the said town of Orange at this Convention ? and that the same was carried in the affirmative. And therein also setting forth and certifying that it was thereupon voted and order- ed, that John Herring, Esquire, should be a Deputy for the said town of Orange, to represent the said town at this Convention ; and that he act and vote on behalf of the inhabitants thereof, in all such matters and things as should by the said Convention be taken into consideration. Lastly, The said Deputies from Orange county produced a certificate signed by Jesse Woodhull, Esquire, setting forth that at an annual meeting of the freeholders and in- habitants of the precinct of Cornwall, in the said county, held at the house of John Brewster, in Blooming-Grove, on the fourth day of April instant, the said Jesse Woodhull, Esquire, was chosen moderator. That the said freehold- ers then proceeded to take into consideration a letter from the committee of the city and county of New-York, signed by Isaac Low, their chairman, recommending the choosing of Deputies for the several counties in this Colony, to meet in Provincial Convention at the city of New-York, on this twentieth day of April, for the sole purpose of choosing Delegates to represent this Colony in the next Continental Congress, to be held at Philadephia on the tenth day of May next ensuing. That it was then pro- posed to the freeholders, whether the subject matter of the said letter should be taken into consideration immediately or postponed to another day, and that debates arising there- on, and the question being put, it was voted by a large majority that the subject matter of the said letter should be considered immediately. That it was then proposed to the said freeholders, whe- ther a Deputy should be sent from that precinct to this Convention or not? and that debates arising thereon, and the question being put, it was carried in the affirmative by a large majority. And the said certificate sets forth and certifies that Mr. Israel Seely was then and there chosen as one of the Depu- ties of that county for the purposes aforesaid. And all the said credentials and certificates produced by the said Deputies for Orange county being read and ap- proved of, and accepted by this Convention, are filed with the Secretary. Colonel Lewis Morris, Mr. Stephen Ward, Samuel Drake, Esquire, John Thomas, Junr. Esquire, Robert Gra- ham, Esquire and Major Philip Van Cortlandt, the Deputies from West Chester county, produced credentials bearing date at the White Plains, in West Chester county, on the eleventh day of April instant, signed by Lewis Morris, chairman, therein reciting and setting forth, that on the twenty-eighth day of March last past, a number of gentlemen therein particularly named, from different dis- JOURNAL OF THE PROVINCIAL CONVENTION. 3 tricts in the county of West Chester, having received let- ters from the Chairman of the^Committee of the city and county of New-York, relative to the appointment of Depu- ties for the county of West Chester, to this Convention, met at the White Plains aforesaid, for the purpose of de- vising means to take the sense of the people of the county upon the subject. That they had sent letters of notifica- tion to the principal freeholders in the different towns and districts in the county, acquainting them that they had then met to consider of the most proper method to obtain the sense of the freeholders of the county upon the expedien- cy of choosing Deputies to meet the Deputies of the other counties, for the purpose of electing Delegates to represent this Colony in the Continental Congress, to be held at Philadelphia, on the tenth day of May next, and therein recommending a general meeting of the freeholders of the said county to be held at the White Plains, on Tues- day the eleventh day of April instant, at ten of the clock In the forenoon, at the Court House, and therein and there- by requesting each such principal freeholder to give notice of the said meeting to all the freeholders in his district without exception, as those who did not appear and vote on that day would be presumed to acquiesce in the sentiments of the majority of those who should vote. And therein also farther setting forth and certifying, that such notices as aforesaid had been generally given and distributed ; and that a very numerous body of the freeholders of the county had assembled at the Court House, at the White Plains, on the said eleventh day of April instant, in pursuance thereof, and chose Colonel Lewis Morris for their chair- man ; that an inconsiderable number of persons, (among whom were many tenants not entitled to a vote,) with Isaac Wilkins, Esqr. and Colonel Philipse at their head, then appeared, and Mr. Wilkins in their behalf, as he said, de- clared that they would not join in the business of the day, or have any thing to do with Deputies or Congresses. But that they came there for the sole purpose of protesting against such illegal and unconstitutional proceedings ; after which they departed. That the following question was then put to the free- holders by the chairman, vizt : Whether they would ap- point Deputies for that county of West Chester, to meet the Deputies of the other counties at the city of New- York on the twentieth day of April then instant, for the purpose of electing Delegates to represent this Colony in the Ge- neral Congress to be held at Philadelphia on the tenth day of May next ? That the freeholders then there met, unani- mously answered in the affirmative ; and thereupon ap- pointed the said Colonel Lewis Morris, Mr. Stephen Ward, Samuel Drake, Esquire, John Thomas, Junr. Esqr. Robert Graham, Esquire, and Major Philip Van Cortlandt, together with Colonel James Holmes and Jonathan Piatt, Esquire, or the majority of them, to be the Deputies of the said county of West Chester for the purposes aforesaid. The same credentials being read, and heard, and ac- cepted by this Convention, are now filed with the Secre- tary. The Deputies for Kings county produced here proceed- ings of a meeting of the several committees chosen by the freeholders of the townships of Flat Bush, Brookland, Bushwick, New Utrecht and Gravesand, held at the Coun- ty Hall in Flat Bush, in Kings county, on the fifteenth day of April instant, for the purpose of choosing deputies to meet with the deputies from the other counties at New- York on the twentieth day of April instant, to choose dele- gates to attend the Continental Congress to be held at Phi- ladelphia on the tenth day of May next. The said proceedings certified by Abraham Van Ranst, clerk to the said several large and respectable committees there met, do certify, that Simon Boerum, Esquire, having been elected their chairman, they unanimously resolved, that the said Simon Boerum, Richard Stilwell, Theodorus Polhemus, Denice Denice and John Vander Bilt, or the major part of them, be appointed, and they were thereby appointed Deputies for Kings county, to meet the Deputies of the other counties within this Colony at New-York, on the twentieth day of April instant, to choose Delegates to attend the Continental Congress at Philadelphia, on the tenth day of May next. And the same certified proceed- ings being now read, and heard, and accepted, and approved of by this Convention, are filed with the Secretary. The Deputies for Suffolk county produced a certificate signed by Robert Hempstead, chairman, atameeling of the committees from the different towns in the county of Suffolk, held at the County Hall on the sixth day of April instant, certifying that it was then and there unanimously voted and agreed, that Colonel William Floyd, Colonel Natha- niel Woodhull, Colonel Phineas Fanning, Thomas Tred- well and John Sloss Hubbard, Esquires, all now present, together with Thomas Wickham, Esqr. were then and there appointed Deputies, on the part and behalf of that county, to meet the Deputies of New- York and the other counties within this Colony in a Provincial Convention at the city of New- York, on the twentieth day of April instant, (as recom- mended in a letter from the chairman of the committee in the said city,) there to unite with the other Deputies in ap- pointing Delegates to attend the Continental Congress at Philadelphia, or elsewhere, in May next. And thereby also farther certifying, that the said Deputies were thereby empowered to unite with the other Deputies in Provincial Convention in entering into such resolves, and giving such instructions to the Delegates that shall be there chosen, as in their judgment shall tend to the preservation of the rights and liberties of America, and to restore harmony between Great Britain and the Colonies And the said certified proceedings and appointment being read and heard, and accepted by this Convention, are now filed with the Se- cretary. The Convention then proceeded to make an order in the words following, to wit ; It having been reported that Mr. Isaac Low, who ap- pears to have been elected one of the Deputies for the city and county of New- York, and has not attended, does not intend to act in that capacity, and as the Convention are restrained in the appointment of Delegates to the persons of whom it is composed : Ordered, That the Secretary wait upon Mr. Low and request the favour of him to inform the Convention whether they are to consider him as one of their Members 1 The Convention then adjourned to ten o'clock to-mor- row morning. DIE VENERIS, 10 hora a. m. fclst, 1115. The Convention assembled at the Exchange, in New- York, pursuant to adjournment. Present — Philip Livingston, Esqr. President. John Alsop, James Duane and John Jay, Esquires, and Colo. Leo- nard Lispenard, Messrs. Isaac Roosevelt, Alexander McDougall. Abra- ham Brasier, Francis Lewis and Abraham Walton — For the city and county of New-York. Colo. Philip Schuyler, Colo. Abraham Ten JJroeck, and Abra- ham Yates, Junr. Esquire — For the city and county of Albany. Charles De Witt, George Clinton and Levy Pawling, Esquires — For Ulster county. Colo. A. Hawkes Hay, Henry Wisner, Esquire, John Herring, Esquire, Messrs. Peter Clowes and Israel Seely — For Orange county. Colo. Lewis Morris, Mr. Stephen Ward, Samuel Drake, Esqr. John Thomas, Junr. Esqr. Robert Graham, Esqr. and Major Philip Van Cort- landt — For West Chester county. Colo. Morris Graham, Major Robert R. Livingston, Junr. and Eg- bert Benson, Esquire — For Dutches county. Simon Boerurn, Esquire, Capt. Richard StillweU, Messrs. Theodorus Polhemus and John Vander Bilt — For Kings county. Colo. William Floyd, Colo. Nathaniel Woodhull, Colo. Phineas Fanning, Thomas Treadwell, Esquire, and John Sloss Hubbard, Esquire — For Suffolk county. Colo. Jacob Blackwell, Capt. Zebulon Williams, Messrs. John Tallman and Joseph Robinson — From New Town, Oyster Bay, Flush- ing and Jamaica, in Queens county. 4 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. John Tallman, of Flushing, in Queen's county, pro- duced to this Convention a certificate signed by John Rod- man, town clerk, and by Mr. Steph. Van Wyck, certifying that on the fourth day of April instant, after due notice had been given to the freeholders of Flushing, at an annual town meeting, it was proposed that a Deputy should be be chosen to represent the said town at a Provincial Con- vention, to be held at the city of New-York, on the twen- tieth day of April instant; that after some debates, the matter was put to vote, and that Mr. John Tallman was by a great majority chosen their Deputy, to represent the said town of Flushing, in the said Provincial Convention. Mr. Joseph Robinson produced to the Convention a poll list of one hundred and seventy-six of the freeholders of the town of Jamaica, in Queens county, eighty-two where- of, who, though a minority of the freeholders of the said town who polled on that occasion, have requested him to attend this Convention, and signify their willingness to ac- quiesce in the choice of the Deputies who attend this Convention, for the purpose of electing Delegates to re- present this Colony at the next Continental Congress. Capt. Zebulon Williams produced two certificates, signed by forty-three of the freeholders of the town of Oyster Bay, in Queens county, dated the twelfth day of April instant, who, though a minority of the freeholders who polled on that occasion, have thereby appointed him their Deputy, to attend this Convention, and act on their behalf. Colonel Jacob Blackwell produced to this Convention a poll list of freeholders of the township of New Town, where- by it appears that one hundred freeholders in the said town, (who were all that did poll on that occasion,) have elected him their Deputy, to attend this Convention. The said certificates and poll list being read, heard and considered, Resolved, That the Convention allows Colo. Jacob Blackwell, Capt. Zebulon Williams, and Messrs. John Tall- man and Joseph Robinson to be present at its deliberations, and will take into consideration any advice they may offer. Colonel Morris Graham, Major Robert R. Livingston, Junr. and Egbert Benson, Esquire, laid before the Convention a certificate signed by the respective committees of the precincts of Rumbout, North-East, Amenia and Rynbeck, in the said county of Dutches, at a meeting held by them at Charlotte precinct in the said county, on the fourteenth day of April instant, certifying that they, the said Morris Graham, Robert R. Livingston, Junr. and Egbert Benson were elected Deputies to represent the said county in the Provincial Convention, at the city of New-York, on the twentieth day of April instant, or to represent the re- spective precincts who had sent committees to that meet- ing, as this Convention, from a state of facts to be laid before them, should determine. The same gentlemen from Dutchess county then laid before the Convention the said state of facts, which are in the words following, to wit : 1st. That at a meeting in August last, held for the pur- pose of nominating Delegates to represent the county of Dutchess in the last Continental Congress, committees at- tended from seven precincts. 2nd. That shortly after, a committee was chosen in an- other precinct, who approved of the proceedings of this meeting, and wrote to the committee of correspondence informing them of the same. 3rdly. That at this meeting, Messrs. Anthony Hoffman, John Van Ness and Egbert Benson were constituted a standing committee of correspondence for the whole coun- ty, with directions to communicate to the other commit- tees, whatever intelligence should from time to time be re- ceived, with a power to call a meeting of the other com- mittees, when they should think it expedient ; and for that purpose a place was appointed where the next meeting should be held. Athly. That immediately upon the receipt of the letter from the committee of the city of New- York of the six- teenth of March last, circular letters were despatched to the several precincts in the county, mentioning the time when another meeting would be held at the place appointed as above. 5thly. That town meetings for the purpose of taking the sense of the inhabitants with respect to sending Depu- ties to attend this Convention, have been held in only six precincts. Gthly. That taking the six precincts throughout, of the persons who actually appeared and gave their voices either for or against the measure, a majority were in favor of it. And the said certificate and state of facts having been read, and heard, and duly considered, they were accepted of by this Convention, and filed with the Secretary. The Secretary being then called on for that purpose, reported to the Convention, that in pursuance of their or- der, he yesterday evening waited on Mr. Low, who in sub- stance informed him that as he could not attend the com- mittee, when the measure of having eleven deputies for the city and county of New-York was in agitation, he got a friend to signify to the committee his disapprobation of the measure, and that if he was nominated he should think himself obliged to refuse to serve. That he had af- terwards published a declaration that he would not serve as a Deputy, that the city might have an oppoituniiv to supply his place if it was thought necessary to have eleven Deputies ; and that therefore the Convention are not to consider him as a member. Resolved unanimously, That this Convention, sensible of the services of the Delegates from this Colony, who at- tended the Continental Congress, in order to express their approbation of their conduct, and as a mark of the confi- dence reposed in them, have unanimously re-elected all of them Delegates to attend the next Continental Congress at Philadelphia, except Mr. Isaac Low, who had previously declared that the Convention was not to consider him as a member of this Convention, and is therefore ineligible. John Herring, Esquire, declined attending at the next Continental Congress, as a Delegate, and assigned his reasons to the Convention, which are approved of, and he is therefore excused. Resolved unanimously, That five gentlemen be added as Delegates to those who attended at the last Continental Congress and re-elected by this Convention, and that they be chosen by ballot. And the following gentlemen were then elected by ballot, nemine con. vizt : Colonel Philip Schuyler, George Clinton, Esqr., Colo. Lewis Morris, Robert R. Livingston, Junr. Esqr. and Francis Lewis, Esquire. Resolved, therefore, unanimously, That Philip Living- ston, James Duane, John Alsop, John Jay, Simon Boerum, William Floyd, Henry Wisner, Philip Schuyler, George Clinton, Lewis Morris, Francis Lewis and Robert R. Li- vingston, Junr. Esquires, be Delegates to represent this Colony at the next Continental Congress, to be held at the city of Philadelphia on the tenth day of May next, with full power to them, or any five of them, to meet the Delegates from the other Colonies, and to concert and determine upon such measures as shall be judged most effectual for the pre- servation and re-establishment of American rights and pri- vileges, and for the restoration of harmony between Great Britain and the Colonies. DIE SABATTI, 11 hora a. nr. A\m\, ttd, The Convention assembled at the Exchange in New- York, pursuant to adjournment. Present — Philip Livingston, Esquire, President. John Alsop, Esquire, Leonard Lispenard, Esquire, Francis Lewis, Esquire, Messrs. Abraham Walton, Isaac Roosevelt, Alexander Mc- Dougall, Abraham Brasier and James Duane, Esquire— For the city and county of New-York. JOURNAL OF THE PROVINCIAL CONVENTION. 5 Colo. Philip Schuyler, Colo. Abraham Ten Broeck, Abraham Yates, Junr. Esqr. and Walter Livingston, Esquire, — For the city and county of Albany. Charles De Witt, George Clinton and Levy Pawling, Esquires — For Ulster county. Colo. A. Hawkes Hay, Henry Wisner, Esquire, John Herring, Esqr. Messrs. Peter Clowes and Israel Seely — For Orange county. Robert R. Livingston, Junr. Esqr., Colo. Morris Graham and Egbert Benson, Esquire — For Dutches county. Colo. Lewis Morris, John Thomas, Junr. Esqr. Robert Graham, Esqr., Major Philip Van Cortlandt, Samuel Drake, Esqr. and Mr. Ste- phen Ward — For West Chester county. Simon Boerum, Esquire, and Mr. John Vanderbilt — For Kings county. Colo. William Floyd, Colo. Nathaniel Woodhull, Colo. Phineas Fan- ning, John Sloss Hubbard, Esqr. and Thomas Tredwell, Esquire — For Suffolk county. Colo. Joseph Blackwell, Zebulon Williams, Esquire, Messrs. John Talman and Joseph Robinson — From the townships of New Town, Oys- ter Bay, Flushing and Jamaica, in Queens county. A draft of credentials for the Delegates of this Colony, elected and appointed to attend at the next Continental Congress at Philadelphia being read and approved, was agreed to, and is in the words following, to wit : At a Provincial Convention, formed of Deputies from the city and county of New- York, the city and county of Albany, and the counties of Dutchess, Ulster, Orange, West Chester, Kings and Suffolk, held at the city of New- York, the twenty-second day of April, one thousand seven hundred and seventy-five, for the purpose of appointing Delegates to represent the Colony of New- York in the next Continental Congress, to be held at the City of Phila- delphia on the tenth day of May next, Philip Livingston, Esquire, James Duane, John Alsop, John Jay, Simon Boerum, William Floyd, Henry Wisner, Philip Schuyler. George Clinton, Lewis Morris, Francis Lewis, and Ro- bert R. Livingston, Junr. Esquires, were unanimously elected Delegates to represent this Colony at such Con- gress, with full power to them or any five of them, to meet the Delegates from the other Colonies and to concert and determine upon such measures as shall be judged most effectual for the preservation and re-establishment of Ame- rican rights and privileges, and for the restoration of har- mony between Great Britain and the Colonies. Ordered, That the same be subscribed by the members of this Convention, and that fair copies be made of the re- solutions of this Convention, appointing the Delegates, as also a list of the Deputies who attended thereat, and that the same be signed by the President, and published in the New-York newspapers. Ordered, That the thanks of this Convention be given to the Secretary for his services on this occasion, which was accordingly done. Phil. Livingston, John Haring, John Alsop, Lewis Morris, Jas. Duane, John Thomas, Junr. Frans. Lewis, Robt. Graham, Abrm. Walton, Philip Cortlandt, Isaac Roosevelt, Samll. Drake, Alexr. McDougall, Stephen Ward, Ab. Brasher, Morris Graham, Leonard Lispenard, Robt. R. Livingston, Junr. Ph. Schuyler, Egbt. Benson, Abm. Ten Broeck, S. Boerum, Abm. Yates, Junr. John Van Derbelt, Walter Livingston, Wm. Floyd, Ch. D. Witt, Nathel. Woodhull, Geo. Clinton, Phineas Fanning, Levi Pawling, Jno. Sloss Hobart, A. Hawkes Hay, Thomas Tredwell, Henry Wisner, Zebn. Williams, Peter Clowes, Jacob Blackwell, Israel Seely, John Talman, Joseph Robinson. Letter from the New-York Committee to the counties, requesting to elect Delegates to a Provincial Congress. Committee Chamber, ) New-York, April 28, 1775. S Gentlemen — The distressed and alarming situation of our country, occasioned by the sanguinary measures adopted by the British Minis- try, (to enforce which the sword has been actually drawn against our brethren in the Massachusetts) threatening to involve this Continent in all the horrors of a civil war, obliges us to call for the united aid and council of the Colony, at this dangerous crisis. Most of the Deputies who composed the late Provincial Congress, held in this city, were only vested with powers to choose Delegates to represent the Province at the next Continental Congress ; and the Con- vention having executed that trust, dissolved themselves. It is therefore thought advisable by this committee, that a Provincial Congress be immediately summoned to deliberate upon, and from time to time, to direct such measures as may be expedient for our common safety. We persuade ourselves that no arguments can now be wanting to evince the necessity of a perfect union ; and we know of no method in which the united sense of the people of the Province can be collected, but the one now proposed. We therefore entreat your county hearti- ly to unite in the choice of proper persons to represent them at a Pro- vincial Congress, to be held in this city, on the 22d of May next. Twenty deputies are proposed for this city ; and in order to give the greater weight and influence to the councils of the Congress, we could wish the number of deputies from the counties may be conside- rable. We can assure you, that the appointment of a Provincial Congress, approved of by the inhabitants of this city in general, is the most pro- per and salutary measure that can be adopted in the present melan choly state of this Continent ; and we shall be happy to find that our brethren in the different counties concur with us in opinion. By order of the committee. ISAAC LOW, Chairman. New- York, April 29th, 1775. A General Association, agreed to, and subscribed by the freeholders, Freemen and Inhabitants of the city and county of New-York. Persuaded that the salvation of the rights and liberties of America depends, under God, on the firm union of its inhabitants, in a vigo- rous prosecution of the measures necessary for its safety; and convinc- ed of the necessity of preventing the anarchy and confusion on which attend a dissolution of the powers of government : We, the freemen, freeholders and inhabitants of the city and county of New- York, be- ing greatly alarmed at the avowed design of the Ministry to raise a revenue in America ; and shocked by the bloody scene now acting in the Massachusetts Bay, do, in the most solemn manner resolve, never to become slaves ; and do associate under all the ties of religion, ho- nour and love to our country, to adopt and endeavour to carry into execution whatever measures may be recommended by the Continental Congress, or resolved upon by our Provincial Convention for the pur- pose of preserving our Constitution, and opposing the execution of the several arbitrary and oppressive acts of the British Parliament, until a reconciliation between Great Britain and America, on constitu- tional principles, (which we most ardently desire,) can be obtained : And that we will, in all things, follow the advice of our General Committee, respecting the purposes aforesaid, the preservation of peace, and good order, and the safety of individual and private property Dated in New-York, April and May, 1775. 2 JOURNAL OF THE PROVINCIAL CONGRESS. City of New-York, > May 22nd, 1775. $ A number of gentlemen, Deputies from several coun- ties in this Colony, assembled at the Exchange in the city of New-York, for the purpose of forming a Provincial Congress ; but as they conceived there were not a suffi- cient number of members, they agreed to meet here at the Exchange to-morrow, al ten o'clock, A. M. At a meeting of a Provincial Congress for the Colony of New-York, at the Exchange in the city of New-York, on Tuesday, the twenty-third day of May, 1 775 — The Deputies of a majority of the counties appearing, they proceeded to the choice of the following officers, who were unanimously elected, vizt : PETER VANBRUGH LIVINGSTON, Esqr. President. VOLKERT P. DOUW, Esquire, Vice-President. John McKesson, Esqr. and ) Secr , tarie , Mr. Robert Benson, \ Secretaries. Thomas Pettit, Doorkeeper. The Deputies for the city and county of New-York pro- duced the poll lists taken on the day of last, in the several wards of the said city, certified under the hands of the vestrymen of the respective wards, and others before whom they were taken, by which it appears that the following persons were elected Deputies for the said city and county, vizt : Isaac Low, Peter Van Brugh Livingston, Alexander McDougall, Leonard Lispenard, Joseph Hallett, Abraham Walton, Abraham Bra- sier, Isaac Roosevelt, John De Lancey, James Beekman, Samuel Ver Planck, Richard Yates, David Clarkson, Thomas Smith, Benjamin Kis- sam, John Morin Scolt, John Van Cortlandt, Jacobus Van Zandt, John Marston, George Folliot,* and Walter Franklin — City and county of New-York. The Deputies for the city and county of Albany, pro- duced a certificate of the committees of the city and nine- teen out of twenty districts of the county, by which it ap- pears that the following persons were elected Deputies for the said city and county, vizt : Robert Yates, Abraham Yates, Volkert P. Douw, Jacob Cuyler, Peter Silvester, Dirck Swart,* Walter Livingston, Robert Van Ranse- laer, Henry Glenn, Abraham Ten Broeck, and Francis Nicoll— City and county of Albany. The Deputies of the county of Dutchess produced the certificate of the judges and sundry of the justices and two other persons, freeholders and inhabitants of the said coun- ty, whereby it appears that the following persons were elected Deputies for the said county for six months, to wit : Dirck Brinckerhoff, Anthony Hoffman,* Zephaniah Piatt, Richard Montgomerie,* Ephraim Paine,* Gilbert Livingston, Jonathan Landon,* Gysbert Schenck,* Melancton Smith, Nathaniel Sackett— Dutches county. The Deputies for the county of Ulster produced the certificate of Charles De Witt, Esquire, chairman of the several committees of all the several towns and precincts in the said county, whereby it appears that the following persons were elected Deputies for the said county, vizt : Colo. Johannes Hardenbergh, Colo. James Clinton, Egbert Dumond, Esqr. Charles Clinton,* Christopher Tappen, John Nicholson and Jacob Hoornbeek — Ulster county. The Deputies for the precinct of Haverstraw, in the county of Orange, produced a certificate of Johannes Isa. Blauvelt, moderator of a meeting of the freeholders and inhabitants of the said precinct, whereby it appears, that the following persons were elected Deputies for the said precinct, vizt : John Coe and David Pye— In Orange, Haverstraw. The deputies for Goshen precinct, in the said county, produced the certificate of Balthazar De Haert, clerk of a meeting [of J the freeholders and inhabitants of the said pre- cinct, whereby it appears that the following persons were elected Deputies for the said precinct vizt : Michael Jackson,* Benjamin Tusteen,* Peter Clowes and William Allison — Goshen. The Deputies for the county of Suffolk produced the following certificates, to wit : The certificate of William Smith, Esquire, chairman of the committees of all the towns in the said county, except Brook Haven and Islip ; the certificates of four companies of the militia of the said town of Brook Haven, and the certificate of the inha- bitants of the said town or district of Islip ;t whereby it appears that the following persons were elected Deputies for the said county for one year, to wit : Colo. Nathaniel Woodhull, John Sloss Hobart,* Thomas Tredwell* John Foster, Ezra L'homruedieu, Thomas Wickham, James Havens* and Selah Strong— Suffolk county. t Note.— The certificate of the town of Islip was returned to Colo. Woodhull, because it is annexed and subjoined to their association. 8 JOURNAL OF THE PROVINCIAL CONGRESS. The Deputies for the county of West Chester produced the certificate of the committee of the said county, wheie- by it appears that the following persons were elected Depu- ties for the said county, vizt : Governeur Morris, Lewis Graham, James Van Cortlandt, Stephen Ward, Joseph Drake, Philip Van Cortlandt, James Holmes, David Dayton, John Thomas, Junr. Robert Graham,* and William Paulding* — West Chester county. The Deputies for the township of Broeck Lyn, in Kings county, produced the certificate of Leffcrls Leffertse, Es- quire, chosen clerk of a meeting of the magistrates and freeholders of the said township, whereby it appears that the following persons were elected Deputies for the said township, vizt : Henry Williams, Esqr. Jeremiah Reinsen, Esqr. — Brooklyn in Kings county. The Deputies for the county of Richmond produced a certificate of Paul Micheau, clerk of [the] county of Rich- mond, whereby it appears that the following persons were (at a meeting of the freeholders of the said county for that purpose,) elected deputies for the said county, vizt : Paul Micheau, John Journey, Aaron Cortelyou, Richard Conner, Richard Lawrence* — Richmond county. [Note. — Those gentlemen whose names are marked respectively with an asterisk, have not appeared, and are absent.] Ordered, That the sense of this Congress upon every question be taken and determined by a majority of the votes of the counties here represented ; and that for the present the votes of the city and county of New-York be considered as four, the city and county of Albany as three, and that of each of the other counties respectively as two. But that this arrangement shall continue only till some other arrangement shall be made and agreed on by this Con- gress. The following rules are agreed to, and resolved to be the rules of this Congress, vizt : 1st. That the President, and in his absence the Vice-Pre- sident, and in the absence of both, a President to be ap- pointed pro tempore, shall preside at every meeting, and keep order and decorum ; and that it shall be his duty to sign all letters from this Congress. 2nd. That all motions and addresses be made to the chair, and standing. 3rd. That if more than one shall rise to speak at the same time, the president shall determine who shall first be heard. 4th. That the substance of every motion made and se- conded shall be entered on the minutes. 5th. That no interruption shall be suffered while a mem- ber is delivering his sentiments. 6th. That every question shall be determined by a ma- jority of voices ; and after the determination of any measure or thing, the same question shall not be re-assumed but with the consent of a majority of the voices of this board at a subsequent meeting ; and that notice be given of the motion for re-assuming such matter at least one day before such motion be made, and notice thereof given to the mem- bers representing each county, who shall then be in the city of New-York. 7th. That when any question shall be determined upon a division, the names of the respective counties shall be entered as they shall vote, on each side. But any mem- ber for any county may be at liberty to have his name and dissent from the vote of his county, entered on the minutes. 8th. That this Congress shall from time to time meet on their own adjournments for the present. 9th. That for the despatch of business and to prevent interruptions, the doors at our meetings shall be shut, and that none but members be permitted to take copies of the proceedings of this Congress. 10th. That no question shall be determined on the day that it is agitated, if three counties shall request that it be deferred to the next day. 1 1th. That no member shall be at liberty to speak more than twice to the same point, without leave of the President for the time then being. 1 2th. That no member shall absent himself from this Congress without leave of the Congress. 13th. That every member of this Congress shall keep secret all such matters, proceedings and things in this Congress, as shall be enjoined from the Chair to be kept secret. 14th. That whenever the proceedings of this Congress shall be published at the close of this session, all the mi- nutes shall be published, and no part concealed, unless such as the unanimous voice of the counties shall declare to be of a secret or unimportant nature. But that extracts of the pro- ceedings may nevertheless be published, from time to time, as the Congress shall think fit. The Congress then adjourned till five o'clock P. M. 5 ho. P. M. May 23d. The Congress met pursuant to adjournment. Present — Peter V. Brugh Livingston, Esquire, President. Isaac Low, Alexander McDougal, Leonard Lispenard, Joseph Hal- lett, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beekman, Samuel Verplanck, Richard Yates, David Clarkson, Thomas Smith, Benjamin Kissam, John Morin Scott, John Van Cortlandt, Jacobus Van Zandt and Walter Franklin — For the city and county of New-York. Volkert P. Douw, Esqr. Vice-President. Robert Yates, Abraham Yates, Jacob Cuyler, Peter Silvester, Wal- ter Livingston, Robert Van Ranselaer, Henry Glen, Abraham Ten Broeck and Francis Nicoll — For the city and county of Albany. Zephaniah Piatt, Gilbert Livingston, Jonathan Landon, Melancton Smith and Nathaniel Sackett — For Dutchess county. Colo. Johannes Hardenbergh, Colo. James Clinton, Egbert Dumond, Esqr. Christopher Tappen, John Nicholson, Esqr. and Jacob Hornbeek — For Ulster county. John Coe, Esqr. David Pye, Esqr. William Allison, Esqr. Mr. Peter Clowes, Colo. Abraham Lent, John Herring, Esqr. — For Orange county. Colo. Nathaniel Woodhull, John Sloss Hobart, Esqr. Thomas Tred- well, Esqr. John Foster, Ezra L'hommedieu, Esqr. Thomas Wickham and Selah Strong — For Suffolk county. Governeur Morris, Esqr. Lewis Graham, Esqr. James Van Cort- landt, Esqr. Stephen Ward, Joseph Drake, Colo. Phil. Van Cortlandt, Colo. James Holmes, David Dayton and John Thomas, J unr. — For West Chester county. Henry Williams, Esqr. Jeremiah Remsen, Esqr. — For the township of Broeklyn in Kings county. Paul Micheau, John Journey, Aaron Cortelyou, Richard Conner — For Richmond county. The Deputies for Orange Town produced a certificate signed by Jacob Concklin, Esquire, chairman, and Thomas Outwater, clerk, at a meeting of the freeholders and inhabi- tants of Orange Town, there held on the third day of May instant, whereby it appears that Colo. Abraham Lent, and John Herring, Esquire, were unanimously chosen Depu- ties to represent them in this Provincial Congress, to be held at the city of New-York. Ordered, That Colo. Abraham Lent, and John Herring, Esquire, take their seats. Mr. Isaac Low moved, (and was seconded by Mr. Mor- ris,) that this Congress enter into a resolution in the words following, vizt : Resolved, As the opinion of this Congress, that implicit obedience ought to be paid to every recommendation of the Continental Congress, for the general regulation of the asso- ciated colonies ; but that this Congress is competent to and ought freely to deliberate and determine on, all matters re- lative to the internal police of this Colony. And debates arising thereon, Mr. Scott (seconded by Mr. Clarkson) moved for the previous question, to wit : Whether the question on Mr. Low's motion shall be now put ? and the said previous question being put, was determined in the following manner, vizt : For the previous question. dgainst the previous question. 4 The city and county of New-York. 2 Richmond county. 3 City and county of Albany. — 2 County of Dutchess. 2 2 County of Ulster. 2 County of Orange. 2 County of Suffolk. 2 Kings county. 2 West Chester county 19 JOURNAL OF THE PROVINCIAL CONGRESS. 9 Resolved, Therefore, that the question on Mr. Low's motion be not now put. A copy of a recommendation and directions from the Continental Congress, signed by their Secretary, bearing date on the 18th instant, and certified by Henry Remson, deputy chairman of the committee of New-York, to be a true copv, relating to the artillery and stores now in Ti- conderoga, was handed to the President, and read, and is in the words following, to wit : " In Congress, Thursday, May 18th, 1775. " Whereas, There is indubitable evidence that a de- sign is formed by the British Ministry of making a cruel invasion from the Province of Quebeck upon these Colo- nies, for the purpose of destroying our lives and liberties, and some steps have actually been taken to carry the said design into execution : And whereas, several inhabitants of the northern Colonies, residing in the vicinity of Ticonde- roga, immediately exposed to incursions, impelled by a just regard for the defence and preservation of themselves and their countrymen, from such imminent dangers and cala- mities, have taken possession of that post, in which was lodged a quantity of cannon and military stores, that would certainly have used* in the intended invasion of these Co- lonies : This Congress earnestly recommend it to the com- mittees of the cities and counties of New-York and Albany, immediately to cause the said cannon and stores to be re- moved from Ticonderoga to the south end of Lake George, and if necessary to apply to the Colonies of New Hamp- shire, Massachusetts Bay and Connecticut, for such an additional body of forces as will be sufficient to establish a strong post at that place, effectually to secure the said can- non and stores, or so many of them as it may be judged proper to keep there, and that an exact inventory be taken of all such cannon and stores, in order that they may be safely returned, when the restoration of the former harmony between Great Britain and the Colonies so ardently wished for by the latter, shall render it prudent and consistent with the overruling law of self-preservation. " A true copy from the minutes. " CHARLES THOMPSON, Sec'y. " New-York, 20th May, 1775. " A true copy. " HENRY REMSEN, Dep. Chairman." The President then gave some farther information re- lating to the matters mentioned in the said recommendation from the Continental Congress, and particularly what had been done by the committee of the city and county of New- York ; and also enjoined and gave it in charge from the chair, to the members of this Congress, that the business concerning the artillery and stores at Ticonderoga, and every thing else relating thereto, is to be consideied and kept as matters of secrecy. The subject matter of the said recommendation, or di- rections from the Continental Congress, was then taken in consideration and debated, and thereupon. Resolved, That this Congress will immediately comply with the direction of the Continental Congress respecting the cannon and stores at Ticonderoga, and the other mat- ters recommended in their order of the eighteenth of May instant : And Ordered, That Messrs. David Clarkson, Alexander McDougall, Walter Livingston, Robert Yates, Henry Glen, Zephania Piatt, Egbert Dumond, Peter Clowes, John Sloss Hobart, Paul Micheau and Governeur Morris, be a committee to report to this Congress with all convenient speed, the methods best adapted to carry the above resolu- tion into execution. Benjamin Kissam, Esqr. dissented from the above resolu- tion, and prayed his dissent might be entered on the minutes. Mr. McDougal moved, (and was seconded by Mr. Gil- bert Livingston,) that two members of this Congress be directed to apply to all the ministers in this city, who can • Original thus. 3 pray in English, and to request them to make such an arrangement among themselves as will enable them alter- nately to open the Congress every morning with prayer, which was agreed to and ordered accordingly ; and ordered that Mr. Beekman and Mr. Brasher be a committee for that purpose. The following gentlemen dissented, vizt : Colo. Lispe- nard, Mr. John Van Cortlandt, Mr. Roosevelt, Mr. Micheau, Mr. Walton, Mr. Cortelyou, Mr. Conner, Mr. Journey, Mr. Low, Mr. Richard Yates, Mr. Governeur Morris, Mr. Lewis Graham, Colo. Van Cortlandt, Mr. Verplanck, Mr. De Lancey, Mr. Franklin, Mr. Clowes, Mr. Cuyler, Colo. Holmes, Mr. Ward and Mr. Thomas. The Congress then adjourned to this place, at nine o'clock, to-morrow morning. WEDNESDAY, 9 ho. a. m. May " New-York, June 3d, 1775. $ " Sir — At a time when the American subjects on this ex- tensive Continent are almost with one voice and united effort nobly exerting themselves in the glorious cause of liberty, and endeavouring to reconcile the unnatural and unhappy differences between the parent State and these Colonies, upon permanent and constitutional principles, we cannot help lamenting that we have received disagreeable accounts from your quarter that there are individuals officiously in- terrupting the mode and measures conceived necessary to bring about these salutary purposes. ?». " On the one hand you may depend upon it that we shall discourage and discountenance every attempt against your person and property, and shall use our utmost en- JOURNAL OF THE PROVINCIAL CONGRESS. 29 deavours to render them safe and secure. But on the other I hand we expect you will not counteract any of the mea- sures expedient for the commonweal, recommended by the Continental or Provincial Congress, or by the com- mittees formed or to be formed. Should you take so un- friendly a part, we cannot answer for the consequences of such a conduct ; on the contrary, if you and your Indian brethren, under your superintendency, do not interfere in this controversy, you may promise yourselves all the protec- tion that this House can afford you. The dispute is be- come so serious now, that we cannot silently suffer our plan to be frustrated by our own countrymen. " We are, &c. " To Colo. Guy Johnson, &c." Ordered, That the same be signed by the President, and transmitted. Ordered, That the resolve of this Board of the. 26th of May ulto. respecting the people of Canada, be translated into French, and that a copy thereof in French, and the copy of the resolve in English, be prefixed to the printed copies of the letters to the people of Canada. A letter from John Lamb to this Congress was read. Ordered, That the said letter be referred to the com- mittee appointed to make an arrangement of the troops to be embodied in this Colony. The Congress adjourned to next Tuesday morning, 9 o'clock. DIE MARTIS, 9 ho. a. m. Jvme ©til, The Congress met pursuant to adjournment. Opened with prayers by the Revd. Dr. Livingston. Present — Volkert P. Douw, Esqr. Vice-Presidt. Alexr. M'Dougal, Leonard Lispenard, Joseph Hallet, Abraham Brasher, Isaac Roosevelt, James Beekman, Samuel Verplanck, Ben- jamin Kissam, John Morin Scott, John Marston — [City and county of New- York.] Robert Yates, Abraham Yates, Jacob Cuyler, Peter Silvester, Wal- ler Livingston, Robert Van Renselaer, Henry Glenn — City and coun- ty of Albany. Anthony Hoffman, Richard Montgomerie, Ephraim Payne, Gilbert Livingston, Gysbert Schenck, Nathaniel Sacket — Dutchess county. John Nicholson — Ulster county. Peter Clowes, William Allison, Jeremiah Clarke — Orange county. Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwell, Ezra L'hommedieu, Thomas Wickham — Suffolk county. Stephen Ward, David Dayton, John Thomas, Junr. — Westchester county. Henry Williams, Jeremiah Remsen, John Van Derbilt — Kings county. Richmond county — [all absent.] Joseph Robinson, Nathaniel Tom — -Queens county. John Williams, William Marsh — Charlotte county. A letter from the committee at Albany to this Congress being read, was in the words following, to wit : " Albany Committee Chamber, 2d June, 1775. " Gents. — In consequence of a letter from this com- mittee to Govr. Trumbull, dated 27th ult. we received his answer of the 30th, whereof you have a copy enclosed, and from which it appears that you have sent them a re- solve with a request to send up forces to Ticonderoga, &c. in consequence whereof, one thousand of them are now on their way. You will therefore be pleased to send up with all possible despatch, a sufficient supply of provisions (ex- cept flour, peas and bread, which we can supply them with) and other necessaries, for which purpose we send you en- closed copy of a list from Colo. Arnold's letter to us of the 29th ult. " We have, in the alarm above, raised several companies to go up to Ticonderoga, &c. two of which are on their way up. This we did in consequence, first, of the reso- lution of the Continental Congress of the 18th ulto.; se- condly, of the letter from the New- York committee, en- closing said resolve, dated the 20th ult. ; and thirdly, Colo. Arnold's letter to us requiring immediate assistance. But 8 on our receipt of the above letter from Govr. Trumbull, we are in great doubts with respect to our men already raised in this county, and those who stand ready to march up. As we know not the nature of the resolve you have sent to Govr. Trumbull, and his letter contains a clause that these one thousand forces are to continue at Ticonde- roga, &c. until relieved by troops from this Colony, &c. "We should be extremely glad to have plain, explicit instructions from time to time, that we need not wander astray, and act contrary to your intentions and the general good of the public. " There are some troops (twelve in number) taken by the Provincial forces from St. John's, who are now in this citv, and who daily call upon this committee for the com- mon necessaries of life — but can give the commissioners or agents no directions in the premises, as these instruc- tions from you will not warrant them to supply them with provisions, although they have been hitherto supplied out of the Provincial store. But we would be glad of your reso- lution on this matter, and let us know whether we should supply these troops any longer, or let them be supported from the provisions here in the King's store; and upon the whole, what you would have us do with them, as they are only a burthen to us. Please to take these matters into your immediate consideration, and send us your resolution in consequence thereof, and you will oblige, gent. " Your most humble servt. (" By order of the committee,) " SAML. STRINGER, " Chairman, P. T." The copy of a letter from the Governor and Company of Connecticut to the said committee at Albany, and a list of men, implements of war and stores, from Colo. B. Arnold, wanting at Ticonderoga, and enclosed by the committee of Albany, were separately read and filed. A letter from John Hancock, Esquire, President of the Grand Continental Congress, was read, and is in the words following, to wit : " Philada. June 1st, 1775. " Sir — The Congress have a full confidence that the Colonies of New-York and Connecticut will heartily unite their endeavours in carrying into execution the measures necessary for the common defence. Under this confidence the state of preparation in the two Colonies, as represented to the Congress, induced them yesterday to direct the troops ready raised, immediately to march, in order to reinforce the garrisons at Crown Point and Ticonderoga, which are in imminent danger, and that these troops be furnished with provisions, &c.bythe Colony of New-York. " That this may be effectually carried into execution so as to answer the end proposed, the Congress have this day come to the enclosed resolution, which I am desired to transmit to you. " I also enclose you another resolve of Congress, for the direction of the commander at Ticonderoga, which please to forward. " I am, sir, your most obedient servt. "JOHN HANCOCK, President. " To Peter V. B. Livingston, Esqr. President." The resolve of the Grand Continental Congress, first above mentioned, was read, and is in the words following, to wit : "In Congress, Thursday, June 1, 1775. " Resolved, That it be recommended to the Govern- ment of Connecticut, or the general of the forces of that Colony, to appoint commissaries to receive at Albany and forward the supplies of provisions for the forces on Lake Champlain, from the Provincial Convention of New- York, and that the said Convention do their utmost endeavours in facilitating and aiding the transportation thereof from thence to where the said commissaries may direct. " A true copy from the minutes. " CHAS. THOMSON, Secry." 30 JOURNAL OF THE PROVINCIAL CONGRESS. The resolve to be transmitted to the commander at Ti- conderoga, was read, and is in the words following : '■ In Congress, June 1st, 1775. " As this Congress has nothing more in view than the defence of these Colonies, " Resolved, That no expedition or incursion ought to be undertaken, or made by any Colony, or body of colonists, against, or into Canada ; and that this resolve be imme- diately transmitted to the commander of the forces at Ti- conderoga. " A true copy from the minutes. CHAS. THOMSON, Secry." A draft of an answer to the Governor and Company of Connecticut, was read and approved, and is in the words following, to wit : " In Provincial Congress, \ "New-York, June 6th, 1775. $ "May it please Your Honour, " We take leave to enclose a resolution of the Grand [Continental] Congress, the thirty-first of May, and at the same time to present you our acknowledgments for the letter which we had the honour to receive from you, dated the twenty-ninth. Be assured, sir, that we are most gratefully sensible of the cheerfulness with which the go- vernment of Connecticut has exerted itself to support the important posts of Crown Point and Ticonderoga, until our abilities may enable us to execute that trust, which the Continental Congress has, on that subject, thought proper in the first instance to repose in us. We are sorry to pre- sent you with the very disagreeable intelligence that we have not a sufficient quantity of powder in this Colony, to enable us at present to contribute in the least towards sup- plying those posts with that article ; a circumstance which is the more distressing, as we have great reason to believe that a very considerable quantity will be required for the defence of the northern frontier. " In compliance with the requisition made upon us, we have expedited our orders for the several things contained in the enclosed list ; at the bottom whereof is an account of the several articles already sent for that service, and the persons employed in it. We pray your honour to believe that we feel the utmost desire of co-operating with our sister Colonies, in executing the resolves of the Congress, and that we are, with great respect, your honours' " Most obedt. and humble servts. "To the Honourable Jonathan Trumbull, Esqr. " Govr. of the Colony of Connecticut." Ordered, That the powder which Mr. Peter T. Curte- nius has in his custody, be sent to the committee at Al- bany, to be by them retained ; and that Mr. Curtenius write to the committee and acquaint them therewith. Ordered, That the gentlemen who are Deputies for the city and county of Albany, and Mr. Richard Lawrence, be a committee to prepare a draft of an answer to the let- ter this day received from the committee at Albany, and that they make report with all convenient speed. Henry Watkeys, a gunsmith, was sent for, by order of the Congress, and attended. After conversing with him on the subject of making gun barrels, he agreed to go to New-Windsor, to consult with Mr. Robert Boyd about the forging of gun barrels, and making muskets. Ordered, That the said Henry Watkeys proceed to New-Windsor and endeavour to fix a proper plan with Ro- bert Boyd, for carrying on gun and musket making ; and on his return report to this Board his proceedings in the premises. And, Resolved, That this Congress will defray the expen- ses of the said Henry Watkeys, in his journey to New- Windsor, or allow him such daily wages during that time, as he can usually earn at his trade. A letter from the New- York Delegates, in the Continen- tal Congress, was received, and is in the words following, to wit : Gent. — We have received your several letters, and communicated such of your papers to the Congress as were intended for their inspection. Your plan for raising money we are much pleased with, though we have some doubt of its being adopted ; however, as the reasons on which it is founded, appear to us to be conclusive, we shall use our endeavours to carry it through. Till the success is known, you will, we dare say, see a propriety in keeping the whole secret. " We observe with pleasure the attention of our Colony to Indian affairs, as they are really of the highest impor- tance. Should you conceive the interposition of the Con- gress necessary, you will let us know the mode in which you think it will be most effectual. " You inquire whether the direction relative to the mi- litia of New-York was intended to extend farther than that city and county. In answer to this, we must inform you that it was the design of the Congress that the whole Pro- vince should be well armed and disciplined. " We wish to hear that you have received some supply of powder, as we fear that none is to be procured here ; the people conceiving they have not a sufficient stock for their own defence. We believe, however, that Connecti- cut will take care to supply their troops at Ticonderoga with that article, as the command of that post is for the present vested in their officers, owing to your repeated de- claration of your inability to furnish the arms and ammu- nition necessary for its defence. " We think it an object of great consequence, to know in whom you would wish to vest the command of the Con- tinental Army in our Province, which is to be maintained at the general charge, and hope you will not be at a loss to fix on men among yourselves, who may be intrusted with that important charge. As general officers will in all probability be shortly appointed by this Congress, your express should return immediately, with a warm recom- mendation of those persons in our Province, who you think may safely be trusted with the first and second commands, as major and brigadier-generals. If possible, let us have an answer to this by Tuesday morning, drawn up in such a manner, that if necessary, it may be offered to the Con- gress, with the reasons on which such choice is founded. We know of nothing farther that may require your atten- tion, unless it be to recommend a profound secrecy with respect to any advice we may offer, particularly on the subject of this letter, though we conceive that your own prudence will render any such recommendation unneces- sary. " If you wish for any other direction, pray be speedy and explicit in your application. " We remain, with great respect, "Your most ob. hum. servts. "JAS. DUANE, " ROBT. R. LIVINGSTON, Junr. "PH. SCHUYLER, "JOHN ALSOP, "FRANCS. LEWIS, " WM. FLOYD, " S. BOERUM, "HENRY WISNER. " Philadelphia, 3rd June, 1775. " To the Provincial Congress of the Colony of New-York." Mr. Scott (seconded by Mr. Morris) moved that that part of the letter of the New-York Delegates in the Conti- nental Congress, dated on the 3d inst. which respects the recommendation of a major and brigadier-general for the Continental army be immediately taken into considera- tion. And debates arising thereon, it was postponed till the morning, at the request of the Deputies of Albany, Suffolk and Richmond counties. Dissentients.— Colo. Van Renselaer, Mr. Cuyler, Albany ; Mr. Ho- bart, Suffolk. The Congress adjourned to 9 o'clock to-morrow morning. JOURNAL OF THE PROVINCIAL CONGRESS. 31 DIE MERCURII, 9 ho. a. m. June lOa, 1T\5. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Boden. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexr. McDougal, Leond. Lispenard, Joseph Hallet, Samuel Verplanck, David Clarkson, Benjamin Kissam, Abraham Bra- sher, Isaac Roosevelt, John De Lancey, James Beekman, John Morin Scott, Jacobus Van Zandt, John Marston — City and county of New- York. Volkert P. Douw, Esqr. Vice-Presidt. Robert Yates, Abraham Yates, Jacob Cuyler, Henry Glenn, Peter Silvester, Walter Livingston, Robert Van Renselaer — City and county of Albany. Dirk Brinckerhoff, Anthony Hoffman, Richard Montgomerie, Gysbert Schenck, Ephraim Payne, Gilbert Livingston, Jonathan Landon, Na- thaniel Sacket — Dutchess county. John Nicholson — Ulster county. Peter Clowes, Wm. Allison, Jeremiah Clarke — Orange county. Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwcll, Ezra L'hommedieu, Thomas Wickham — Suffolk county. Governeur Morris, Lewis Graham, James Van Cortlandt, Stephen Ward, Joseph Drake, James Holmes, David Dayton, John Thomas, Junr. — Westchester county. Johans. E. Lolt, Henry Williams, Jeremiah Remsen, Theods. Polhe- mus, John Leffertse — Kings county. John Journey, Richard Conner, Richd. Lawrence — Richmond county. Jacob Blackwell, Jonathan Lawrence, Joseph Robinson, Nathaniel Tom — Queens county. John Williams, William Marsh — Charlotte county. Mr. Morris, from the committee for that purpose, report- ed a draft of a letter to the New-York Delegates, at the Continental Congress, on the subject of erecting a fortifica- tion at King's Bridge. The same was read and approved of, and is in the words following, "In Provincial Congress, ) " At New-York, June 7th, 1775. $ " Gentlemen — Upon receiving the resolutions of the Congress which relate to the fortifying King's Bridge, &c. we appointed committees to view those places. Our com- mittee from King's Bridge made a report the third instant, of which we send you a copy ; we have only to add, that by reason of the easiness of approach, which will arise from the great irregularity of the ground on Manhattan's Island, especially to the northward, no fortification can be so con- structed as to be tenable for any length of time ; and even if such thing were practicable, yet if the enemy are supe- rior in the field, then, as they must necessarily command the rivers, such fortification might be reduced by famine, if not otherwise taken. It follows, therefore, that if the post is to be fortified with a view to render it a magazine, or place of arms, that no part of the island is properly adapted to that purpose. " Considering it in the light of a post for preserving the communication between the city and country, upon a sup- position that the rivers are occupied by ships of war, then if the place marked A were strong and capable of sustain- ing a regular siege, still a body of forces on the island could as effectually cut off the communication in many other places. On the other hand, if the enemy should possess themselves of the post A, besides that it is commanded by the two heights marked B, particularly Tippet's Hill, yet it would by no means serve to cut off the communication ; because that it would be easy to cross Harlem river in boats with a body of forces in several places, where no vessel of war could lay without being exposed to fire from such very high grounds, as to be quite out of the reach of her artillery. And also, because that river is fordable in places which are covered from any fire which can be made from the said post. " And not only would the enemy's possession be ineffec- tual for their purposes, it would also bring on them certain destruction ; for that it would be very easy to cut off their retreat to the town, and from the great elevation of ground above the river, to prevent any relief which they could receive from vessels of war ; wherefore if we have the superiority in the field, they would be with great ease driven from that post, or starved in it. "This place, therefore, (the only one which can secure the bridges,) being of little consequence to us, and of little less to them, we are of opinion that it would be very im- prudent to fortify it at present, because the expense will be much greater than after we have troops embodied who can perform much of the labor ; and also for a reason mention- ed in the report of our committee. " You will take notice, gentlemen, that we have no ammunition, nor any engineer, two most necessary imple- ments of war you will certainly acknowledge. The first we hope for from the endeavours of our merchants, the last you will take some care to procure if to be had amongst you. " Be assured that we have the greatest willingness to obey the resolutions of the Grand Congress, and if in their wisdom they shall think fit to overrule the reasons which we have offered, doubt not that we shall use our utmost efforts to comply with their requisitions. " We are, gentlemen, " Your most humble servts. " To the New- York Delegates in Continental Congress." Ordered, That a copy of this letter be engrossed, signed by the President, and together with a copy of the report therein mentioned, and a copy of a draft or plan theiein mentioned, be transmitted by the first conveyance. The report above mentioned is in the words following, to wit : " We, your committee appointed to view the ground in the environs of King's Bridge, do most humbly report, that in obedience to your commands we have examined the heights in that neighbourhood, taken such assistance as the shortness of the notice permitted us to procure, and are of opinion that a post (capable of containing 300 men,) erected on the high ground adjoining Mr. Hyat's house, (marked A in the annexed map,) will answer the purpose proposed by the Continental Congress in their requisition, so far as the occupying that bridge can contribute to the keeping up a communication between the country and this city. For we beg leave to observe that an enemy may land and seize on several posts in this island capable of interrupting, though not totally cutting off that communication, held up as a point of so much importance by the Continental Con- gress. We are farther of opinion, that this work should be constructed by the troops when embodied, and ready to occupy it ; your committee being humbly of opinion it would be the highest imprudence to erect a fortification before we have the means of defending it : by this mode of proceeding the expense will also be very much reduced. We believe that though there be no water immediately on the spot proposed for this post, yet means may be fallen upon to cover those who go to a well sunk in the ad- joining low ground, near Mr. Hyat's house, especially as we conceive this post is not supposed to sustain any regu- lar attack, or of many hours duration without relief. " We think fascines the cheapest and best materials to face this work, and that an abattie or fallen wood will contribute much to the security of the post. With respect to the par- ticular form and dimensions, your committee dare not ven- ture (without the assistance of an engineer,) to recommend any particular plan to your consideration, and therefore pray your attention to provide a person of experience in this line of military science. " All which is most humbly submitted. " By order of the committee. "JAMES VAN CORTLANDT, " Chairman.' 1 '' The order of the day being read, the Congress resumed the consideration of the letter from the Delegates of this 1 Colony, at the Continental Congress, and after some time 32 JOURNAL OF THE PROVINCIAL CONGRESS. 10 men of the train of artillery. 12 ship carpenters and caulkers. 2 gun smiths. 2 blacksmiths. 2 masons. 100 hatchets. 20 broad axes. 50 spades. 50 hoes. The iron work for 4 gins and blocks; 8 falls for do. of 44 inch rope. 100 fathoms each. spent therein, the Congress unanimously resolved and agreed, that Collo. Philip Schuyler is the most proper per- son in this Colony to be recommended as a major-general, and Richard Montgomerie, Esqr. as a brigadier-general. And Ordered, That Mr. Scott and Mr. Morris be a com- mittee to prepare and report the draft of a letter to our Delegates at the Continental Congress, informing them of our sentiments on this subject, and the reasons of our choice. The committee appointed for that purpose, reported a draft of a report of additional artificers and stores to be forwarded to Ticonderoga. The same was lead and agreed to, and is in the words and figures following, to wit: " The committee having considered the requisition on this Colony, made by Colo. B. Arnold, commandant at Ticonderoga, for provisions, stores, &c. transmitted to this Congress by the committee of Albany, and at the same time compared it with the list of supplies already ordered to be sent, do report that the following additional stores, &c. ought to be provided and sent : 1 coil 2J inch rope. 1 do 2 do 1 do 1£ do 4 ps ravens duck. 40 lb. sewing twine. 10 doz. of sail and colt rope needles 1 doz. palms. 2 seines, 30 fathom long, capt. 12 feet, and arms 6 feet deep, of coarse twine, meshes 1$ inches square. 2 doz. nail hammers. 1 fagot of steel. " As to the oxen, carts, &c. mentioned in the said requi- sition, your committee are of opinion that those can be procured in the neighbourhood of that post." Ordered, That a copy thereof be made and delivered to Peter T. Curtenius, and that he be desired to obtain the said artificers, men and stores, and forward the same to Al- bany with all possible despatch. The same committee also reported the draft of a letter to the committee of Albany, which was read and approved of, and is in the words following, to wit : " New-York Provincial Congress, ) " June 7 th, 1775. $ " Gent. — Before this comes to hand you will be fur- nished with our directions, dated lstinst. We are con- vinced of the necessity of giving you explicit instructions respecting your conduct, but the variety of business in which this Congress has been engaged, and the time which is necessarily taken up in our friendly intercourse with the Continental Congress and the Colony of Connecticut, does necessarily occasion at times an apparent delay in our direc- tions to yon. We highly approve of your zeal and activity in raising troops, but request you not to proceed in making farther levies, until further orders. " The two companies raised in your county, and already on their march, you will suffer to proceed to join the forces at Ticonderoga ; but must observe to you, that by ihe di- rections of the Continental Congress, their pay will stand on the same footing with that of the eastern Colonies, with- out allowing bounties or clothing to the men ; and that they are to continue in the service until the last day of Decem- ber next, unless the Continental Congress shall direct that they be sooner disbanded. " Those companies which arc under your direction, formed, and not sent up, you will continue in pay, if your engagement with them will not justify your discharging them, and request that you send to this Congress a return of the officers and men in each company. " The troops taken at St. John's, who are with you, should remain at liberty, and they may probably be of ser- vice in instructing your inhabitants the military exercise. If they refuse earning their bread, in this or any other way, it is, however, the intention of this Congress that they shall receive their subsistence out of the Colony pro- visions. " Enclosed we send you a copy of a letter from the Con- tinental Congress, and their resolve respecting the appoint- ment of commissaries for receiving supplies of provisions at Albany. " Enclosed is also a copy of a resolve of the Grand Con- gress to discourage any incursions into Canada, but this has in some measure been anticipated by a former resolution of this House, (already published,) as well as your request respecting our letter to Govr. Trumbull, a copy of which has been sent you by Colo. Ten Broek. " We are, &c." Ordered, That a copy of the said letter to the commit- tee of Albany be engrossed, signed by the President, and transmitted. The gentlemen appointed a committee for that purpose, reported drafts of two several letters to the Delegates of this Colony, at the Grand Continental Congress, which were severally read and approved, and are in the words following, to wit : "In Provincial Congress, > " New-York, June 7 th, 1775. $ " To the Delegates in Congress : "Gentlemen — Your favour of the third instant we have received, and are happy to find that we have the ho- nour of your concurrence in our sentiments on the subject of emitting a paper currency. We pray leave to add, that unless your respectable body shall make some speedy or- der with relation to the levying of money, it will be impos- sible for us to comply with their further requests. Public faith has been stretched as far as it will go, and the pledge of a future fund to be hereafter devised has been trusted to its full value. We have engaged ourselves personally, and farther we cannot proceed, unless every private gen- tleman amongst us will consent to sacrifice his own pro- perty to the pressing calls made upon him by the public. " The importance, the necessity, of attention to Indian affairs is deeply impressed on our minds ; because our pub- lic peace is more endangered by the situation of the bar- barians to the westward of us, than it can be by any inroads made upon the sea coast. Britain will spare the last for her own sake, and policy will teach her Ministers to light up an Indian war upon our frontiers, that we may be driven for protection to embrace their terms of slavery. To obvi- ate such evils will, we hope, occupy a considerable share of your wise attention. We do not presume to dictate any measure to you, being confident of your prudence and knowledge. At the same time, we submit it to your con- sideration whether it is proper to leave the management of the numerous tribes of Indians entirely in the hands of persons appointed and paid by the Crown. If it be not, then you will best be able to determine the proper remedy for this evil, and whether it will not be both politic and just to nominate a Continental Superintendent of Indian Af- fairs, and provide ways and means to defray the expenses of his office ; or whether we may not have greater cause to apprehend danger from such appointment, than by suf- fering these things to flow in their former channel : seeing that the Indians have already declared their willingness to preserve peace, unless their superintendent shall be mo- lested. " We have hitherto received no sufficient supply of pow- der or other ammunition, for the defence of our Colony, and whilst we regret our present inability, we beg leave to assure you that if Connecticut can furnish a sufficient store for the garrisons of Ticonderoga and Crown Point, (posts which arc necessary for our mutual protection,) as soon as it is in our power we shall gladly replace the expenditure. " The extensive qualifications necessary to form the ge- neral, arc far beyond the reach of our humble abilities, and belter fitted to the wisdom of the Continental Congress. We feel ourselves under the deepest obligations to you for enabling us to recommend persons to the offices of major JOURNAL OF THE PROVINCIAL CONGRESS. 33 and brigadier-general. We are sensible of the extent of this condescension, and are equally affected by the honour of the trust and our incapacity to execute it. " Courage, prudence, readiness in expedients, nice per- ception, sound judgment and great attention — these are a few of the natural qualities which appear to us to be pro- per. To these ought to be added an extensive acquaint- ance with the sciences, particularly the various branches of mathematic knowledge, long practice in the military art, and, above all, a knowledge of mankind. On a general, in America, fortune also should bestow her gifts, that he may rather communicate lustre to his dignities than receive it ; and that his country, in his properly, his kindred and connections, may have sure pledges that he will faithfully perform the duties of his high office, and readily lay down his power when the general weal shall require it. Since we cannot do all that we wish, we will go as far towards it as we can ; and, therefore, you will not be surprised to hear that we are unanimous in the choice of Colo. Philip Schuyler and Captain Richard Montgomerie to the offices of major and brigadier-generals. If we knew how to re- commend them to your notice more strongly than by tell- ing you, that after considering the qualifications above stal- ed, these gentlemen were approved of without a single dis- sent, our regard to the public service would certainly lead us to do it in the most forcible terms. Nor will we enter into a minute detail of the characters and situations of two gentlemen with whom our Delegates cannot but be ac- quainted. In a word, we warmly recommend, because we have no doubts but their appointment will give general sa- tisfaction. " We beg leave to assure you, gent. " That we are, &c." " Provincial Congress, ) " New-York, June 7 th, 1775. $ " To the Delegates in Congress. " Gentlemen — The Colonies of Massachusetts and Connecticut have formed their respective armies, and nominated to the general command of them. The supposi- tion that in case a Continental army should be established by authority of your respectable body, their officers will be permitted to preserve their respective ranks, appears to us highly probable. In this view, we think it not improbable that we shall be called on for a recommendation to fill the offices in the military appointment of this Colony. We take the liberty for the present, to furnish you with our sentiments on the appointment of a major and brigadier-general, and submit them to your superior wisdom, either for use or concealment ; our only motive is to prevent a delay that might otherwise be occasioned by an opinion you may en- tertain of the necessity of asking our sentiments on that subject. " Courage, prudence, readiness in expedients, nice per- ception, sound judgment, and great attention — these are a few of the natural qualities, which appear to us to be pro- per. To these ought to be added an extensive acquaint- ance with the sciences, particularly the various branches of mathematic knowledge, long practice in the military art, and above all a knowledge of mankind. On a general, in America, fortune, also, should bestow her gifts, that he may rather communicate lustre to his dignities, than re- ceive it ; and that his country, in his property, his kindred and connections, may have sure pledges that he will faith- fully perform the duties of his high office, and readily lay down his power when the general weal requires it. Since we can not do all that we wish, we will go as far towards it as we can. And, therefore, you will not be surprised to hear, that we are unanimous in the choice of Colo. Philip Schuyler and Capt. Richard Montgomerie, to the offices of major and brigadier-generals. If we knew how to recom- mend them to your notice more strongly than by telling you that after considering the qualifications above stated, these gentlemen were approved of, without a single dissent, our regard to the public service would certainly lead us to do it in the most forcible terms. Nor will we enter into a minute detail of the characters and situations of two gentle- men, with whom our Delegates can not but be acquainted. In a word, we warmly recommend them, because we have no doubts but that their appointment will give general sa- tisfaction. " We beg leave to assure you gent. " That we are, with the profoundest respect, &c." Ordered, A copy of each of the said letters be engross- ed, and signed by the President and transmitted to the De- legates from this Colony, in Continental Congress, by Jo- seph Stevens, as a messenger for that purpose ; and that the President write a private letter to the Delegates, to in- form them of the reason of sending both these letters, and requesting them to produce either, and suppress the other, as they may see fit. Resolved, That whensoever doubts shall arise, with re- spect to the recommendations or resolutions of the Conti- nental Congress, or of this board, in the minds of private persons, it is the duty of such persons to apply to this board for an explanation thereof. And that any attempts to raise tumults, riots or mobs, either under colour of a du- bious interpretation of such recommendations or resolu- tions, or for any other reasons or purposes, is a high infrac- tion of the general association, and tends directly to the dissolution of this Congress. Ordered, That this resolution be published in the news- papers, and that two thousand copies thereof be printed in handbills. The Congress adjourned to 4 o'clock this afternoon. Die Merctjrii, 4 ho. P. M. June 7th, 1775. The Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esqr. Presidt. Isaac Low, Alexr. McDougatl, Leonard Lispenard, Joseph Hallet, Abraham Walton, Isaac Roosevelt, John De Lancey, James Beekman, Samuel Verplanck, Benjamin Kissam, John Morin Scott, Jacobus Van Zandt, John Marston — City and county of New-York. Volkert P. Douw, Esqr. Vice-Presidt. Abraham Yates, Jacob Cuyler, Peter Silvester, Walter Livingston, Robert Van Renselaer, Henry Glenn — City and county of Mb any. Dirk Brinckerhoff, Anthony Hoffman, Richard Montgomerie, Ephraim Payne, Gilbert Livingston, Jonathan Landon, Gysbert Schenck, Nathaniel Sackel — Dutchess county. John Nicholson — Ulster county. Peter Clowes, William Allison — Orange county. Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwell, Ezra L'hommedieu, Thomas Wickham — Suffolk county. Governeur Morris, Lewis Graham, James Van Cortland, Stephen Ward, Joseph Drake, Philip Van Cortland, James Holmes, David Day- ton, John Thomas — Westchester county. Johans. E. Lott, Henry Williams, Jeremiah Remsen, Theodorus Pol- hemus, John Van Derbilt — Kings county. John Journey, Richard Conner, Richard Lawrence — Richmond conn- ty- Jacob Blackwell, Jonathan Lawrence, Joseph Robinson, Nathaniel Tom — Queens county. John Williams, William Marsh — Charlotte county. Ordered, That Capt. Montgomerie, Colo. Holmes and Mr. Hallet, be a commitlee to examine the list of sundry articles retained by the merchants of New-York, at the re- quest of the city committee, and report whether any and what part of those goods may be necessary to be retained for the use of this Colony. Mr. Kissam reported a draft of a letter to Joseph War- ren, Esqr. and others, the committee of safety for the Co- lony of ihe Massachusetts Bay, which was read and ap- proved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, June 7th, 1775. $ " Gentlemen — The multiplicity of business brought before us by the Continental Congress, and a short adjourn- ment of our body, from Saturday until Tuesday morning, have rendered it impossible for us to give a more early attention to your favour of the 26th ulto. " We have little to say upon the principal subject of your letter, as we conceive that the Provincial Congresses 34 JOURNAL OF THE PROVINCIAL CONGRESS. of both Colonies are concluded from any discretionary provi- sion relative to the ordnance and other stores taken at Crown Point and Ticonderoga, of which you must be fully convinced, by the acts of the Continental Congress on that subject, copies of which are enclosed. " We are fully apprised of the dangerous consequence that would await this capital of our Colony, either from supinencss, or a confidence in the honour of those, who, bein " At New-York, June 9th, 1775. $ " Sir — This Congress have received credible informa- tion that there is a very large quantity of damaged gun powder under your care at Ticonderoga, which can be so cured and manufactured as to render it fit for use. There is a mill erected near the east side of Hudson's river in Rynbeck precinct, in Dutchess county, for the purpose of making gunpowder. We have, therefore, requested our commissioners at Albany, with all diligence and despatch, to send the said damaged powder to that place, and we re- quest you will, on their application, assist in forwarding it, and that this matter may be kept as secret as possible. " We are, sir, your very humble serv'ts. " By order, and in behalf of the Provincial Congress. " P. S. We enclose a resolve of the Continental Con- gress, certified by their Secretary, enclosed to us to be forwarded." And the said letter to the commissioners at Albany is in the words following, to wit : "In Provincial Congress, ) "New-York, June 9th, 1775. $ " Gentlemen — We are well informed that there is a large quantity of damaged gunpowder at Ticonderoga which may be rendered fit for use ; and that there is a mill erected in Rhynbeck precinct, near Hudson's river, for that pur- pose. That article is now become an object of great im- portance. This Congress do therefore request that you will, without delay, give directions that all the damaged powder at Ticonderoga and Crown Point be immediately brought down to the said manufactory, and that you ac- quaint us with the quantity which you shall have sent to the said manufactory. " We are, gentlemen, your humble serv'ts, " By order and on behalf of the Provincial Congress. " To Messrs. John N. Bleecker, Henry I. Bogert, George Palmer, Dirk Swart, and Peter Lansing, at Albany." Ordered, That a copy of each of the said letters be en- grossed, signed by the President, and transmitted with all convenient speed, and that a copy, (certified,) of the above order of this Congress for the removal of the said damag- ed powder be enclosed to the Commander-in-Chief at Ti- conderoga, and also that a certified copy thereof be sent to the said commissioners at Albany. Whereas, Sundry mills, and other manufactories for the making of gunpowder and muskets, are now erected and about to be erected within this Colony ; and forasmuch as all such manufactories will greatly tend both to the im- mediate defence and the future wealth of this Colony : Resolved, therefore, That for every hundred weight of good gunpowder, which upon due proof shall be certified by the committee of the county where any powder mill is or shall be erected, to have been manufactured within this Co- lony, and to have been delivered to the said committee, the bounty of five pounds shall be paid to the manufacturer thereof, over and above the price of such powder. And for every hundred good muskets of proof, so certified, the bounty of twenty pounds. The bounties aforesaid to con- tinue for twelve months from the date of this resolve. JOURNAL OF THE PROVINCIAL CONGRESS. 37 Mr. Tredwell made a motion in the words following, to wit : As it may hereafter be necessary to dismantle the fort in this city for the preservation of the inhabitants from the insults of soldiery in the case of the arrival of troops from Great Britain or Ireland, and as the cannon and other implements of war in said fort, and upon the battery, and in other parts of this city, will be necessary for the com- pleting those fortifications which the Continental Congress have ordered us to erect ; and as by an early order from that respectable body we conceive that we are not at liber- ty to take possession of any of the King's munitions or stores of war : I move that we do immediately despatch a letter to the Continental Congress praying their most speedy advice and directions in the premises. The said motion, being seconded by Mr. Scott, debates arose thereon, and it was insisted by those members who opposed the motion that it was the same in substance with a motion made, voted on and carried in the negative on yesterday ; and the question being put thereon, whether this motion is the same in substance with that of yester- day? It was carried in the affirmative in the manner follow- ing, vizt : That it is the same motion. That it is not the same motion. Albany, 3 Dutches, 2 Kings, 2 Orange, 2 WestChester, 2 Charlotte, 2 Richmond, 2 Ulster, 2 Suffolk, 2 — New- York, 4 8 15 Queens county Deputies, being equally divided, could not vote. Mr. Tredwell, Colo. Hoffman and Mr. Henry Williams, respectively, dissented from the votes of their respective counties, and desired their dissents to be entered. The President of this Congress, who went to Elizabeth Town to confer with the committee there on the subject matter of the letter, received yesterday from General Ward, returned and reported to this Congress that the committee at Elizabeth Town have only eight quarter casks of gun- powder, which they are ready to spare for the Provincial army of Massachusetts Bay ; that the said committee of Elizabeth Town have expectations to obtain a farther supply of powder at Brunswick, which, if obtained, shall be sent to New- York, for the use of the said Provincial army of Mas- sachusetts Bay. Ordered, That Mr. Peter T. Curtenius, as Commissary of this Congress, give a receipt for the said eight quarter casks of powder; and also that the said Commissary give a receipt for such farther quantity of powder as may be re- ceived from the said committee of Elizabeth Town or from Brunswick, and put the same into the powder house at this city, until the farther order of this Congress. Mr. Scott moved that the motion made by Mr. Tredwell this day, as before entered on the minutes, be taken in con- sideration to-morrow, and the same being seconded by Mr. Tredwell, debates arose thereon, and the question being put, it was carried in the affirmative, in manner following, vizt : For the affirmative. For the negative. Suffolk, 2 Kings, 2 Orange, 2 Mr. H. Williams dissenting. Albany, 3 Richmond. 2 Charlotte, 2 — West Chester, 2 4 Dutchess 2 Ulster, 2 .New-York, 4 19 Queens county Deputies, being equally divided, could not vote. Ordered, That Colo. Van Cortlandt, Major Cortlandt and Colo. Van Renselaer, be added to the committee of ar- rangement of the troops to be raised in this Colony, and that the said committee sit this afternoon. 10 Colo. Van Cortlandt and Mr. David Clarkson obtaine d leave of absence for to-morrow. The Congress then adjourned to nine o'clock to-morrow morning DIE SATURNII, 9 ho. June lOth, 1Y15. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Dr. Rogers. Present — Peter Van Brugh Livingston, Esqr. Presidt. Isaac Low, Alexr. McDougal, Leonard Lispenard, Joseph Hallet, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beekman, Samuel Verplanck, Richard Yates, Thomas Smith, Benjamin Kissam, John Morin Scott, Jacobus Van Zandt, John Mars- ton, Isaac Sears — City and county of New-York. Volkert P. Douw, Esqr. Vice-Presidt. Robert Yates, Abraham Yates, Jacob Cuyler, Peter Silvester, Wal- ter Livingston, Robert Van Renselaer, Henry Glenn — City and county of Albany. Dirk Brinkerhoff, Anthony Hoffman, Richard Montgomerie, Ephraim Payne, Gilbert Livingston, Jonathan Landon, Gysbert Schenck, Natha- niel Sacket — Dutchess county. James Clinton, Christr. Tappen, John Nicholson — Ulster county. David Pye, Abraham Lent, Jeremiah Clarke — Orange county. Nathaniel Woodhull, Thos. Tredwell, '1 hos. Wickham— Suffolk county. Governeur Morris, Lewis Graham, Stephen Ward, Joseph Drake, Philip Van Cortlandt, James Holmes, David Dayton, John Thomas, Junr. William Paulding — Westchester county. Henry Williams, Jeremiah Remsen, Theodorus Polhemus, JohnLef- fertse, Nichs. Covenhoven, John Van Derbilt — Kings county. Jno. Journey, Richard Conner, Richd. Lawrence — Richmond county. Jacob Blackwell, Jona. Lawrence, Nathl. Tom — Queens county. John Williams, William Marsh — Charlotte county. The President informed the Congress that the commit- tee of Elizabeth Town had been so alert as to send the ad- dition of six quarter casks and two half barrels of powder for the use of the Massachusets army, and a letter from Abraham Clarke, which attended the same, was read and filed. Ordered, That the said powder, together with that re- ceived yesterday, be committed to the care of Mr. Mc- Dougal, to be forwarded. Ordered, That he purchase such other quantity as he can get for the same purpose, and forward the whole in such manner as he shall think most safe and prudent. Colo. Tusteen appeared in Congress as a member for Orange county, in pursuance of his election and return, as appears by a certificate formerly read and filed. Ordered, That he take his seat. Ordered, That any cooper in this city of New-York, be at liberty to go to Turtle Bay, or any place adjacent thereto, and cooper and put in order the Crown stores which were lately removed from thence, in such manner as Francis Stevens, Esquire, shall direct. The Mayor of the city of New-York, attending at the door, was called in, and informed the Congress that ap- plication had been made to him respecting some arms late- ly taken out of the baggage carts of the troops, lately em- barking from this city ; — and he delivered a letter from his Honor the Lieutenant-Governor to him on that subject, which was read — and thereupon Mr. Morris moved (and was seconded by Mr. Low) in the words following, to wit : I move that the arms and military accoutrements taken from His Majesty's troops on Tuesday last, be restored ; and for that purpose, that a resolve of the Congress be made as follows : Resolved, That it is the sense of this Congress that every inhabitant of this Colony who is possessed of any of the said arms and accoutrements, should immediately deliver them to the Mayor of New-York, and that a com- mittee be appointed to see that this resolve be complied with. 38 JOURNAL OF THE PROVINCIAL CONGRESS. And debates arising on the said motion, and the ques- tion being put thereon, it was carried in the affirmative, in the manner following, to wit : For the affirmative. For the negative. Albany, 3 Orange, 2 West Chester, 2 Ulster,' 2 Kings, 2 — Queens, 2 4 New-York, 4 Messrs. Scott, McDougall, Lis- Charlotte 2 penard and Sears dissented Richmond, 2 from New-York ; Mr. Tom Dutchess, 2 from Queens county; Mr. — Tappen from Ulster ; and 19 Messrs. Landon, Paine and Sackett from Dutches county. Resolved, therefore, That it is the sense of this Con- gress that every inhabitant of this Colony who is possess- ed of any of the said arms or accoutrements, taken from His Majesty's troops, on Tuesday last, should immediate- ly deliver them to the Mayor of the city of New-York. And, Ordered, That Mr. Isaac Roosevelt, Mr. John DeLan- cey and Mr. John Marston, be a committee to see this resolution complied with. Ordered, That a copy of this resolve be delivered to the Mayor of the city of New- York. A draft of a letter to Governor Trumbull of the Colony of Connecticut, on the subject of our supply of powder to the Colony of Massachusetts Bay, was read and approv- ed of, and is in the words following, to wit : "In Provincial Congress, ? "New-York, June 10th, 1775. J " Sir — Since our former letter to your Company on the subject of gunpowder, by application to a neighbouring Co- lony, we have procured a quantity which we cheerfully spare, as we apprehend it will be most acceptable to our brethren of the Massachusetts. For the more speedy de- spatch, we would ask the favour of you to issue out of your most eastwardly magazines weight, and forward to the American camp at Boston, and we shall immediate- ly replace it, the like quantity being already on the way to your Colony. " We are, sir, " Your most obedt. and humble servts. " P. S. As we have given a receipt for the powder we received from a neighbouring Colony, you will please to direct the like to be given us. " To the Honoble Jonathan Trumbull, Esqr. " Governor of the Colony of Connecticut." Ordered, That a copy thereof be engrossed, signed by the President, and delivered to Mr. McDougall to be for- warded. This Congress then resumed the consideration of the case of Robert and John Murray, and the memorial of Robert and John Murray, on the subject of their breach of the association of the late Continental Congress, and the several papers annexed to it, whereby they pray to be restored to their former commercial privileges, being read, on a reference thereof to us by the Continental Con- gress ; and it appearing that they, the said Robert and John Murray, have published a printed handbill, express- ing their contrition for their said offence, and their resolu- tion for the future strictly to adhere to the said association, and to the further orders of the Continental Congress, the Provincial Congress of this Colony, and the general committee of association for this city and county, with a saving for the said Robert (who is one of the people call- ed Quakers,) as to his religious principles ; and they hav- ing voluntarily paid the expense that accrued for boat hire and otherwise, in the attendance of the committee of ob- servation for the purpose of preventing any goods from being landed from on board the said ship Beulah ; and they having also by letter under their hands, requested the com- mittee of Elizabeth Town in New-Jersey, to keep in their custody, at the costs and risk of them, the said Robert and John Murray, the several goods by them landed from on board the said ship, contrary to the said association, until two vessels shall arrive from London with goods into this Colony, after a general importation from Great Britain to the Colonies shall take place. Resolved, therefore, That the said Robert and John Murray shall be and they are hereby fully restored to their commercial privileges, and declared to be entitled to the forgiveness of the public. Ordered, That Robert and John Murray may have a copy of this resolve. Colo. Clinton and Mr. Tappen, who were a committee to examine the banks of Hudson's river through the High- lands, and report the most proper place for erecting one or more fortifications, and an estimate of the expense of erect- ing the same, delivered in their report, with a map or plan of the said river through the Highlands, which report was read. Ordered, That the said report lay for the perusal and far- ther consideration of the members of this Congress, and that a copy of the said report, and of the said map or plan of Hudson's river, together with a letter on that subject, to accompany the same, be forwarded to the Delegates from this Colony at the Continental Congress ; and that Colo. Clinton and Mr. Tappen be a committee to prepare and report a draft of such letter. Mr. Abraham Brasher from the committee appointed to report an estimate of articles necessary to complete three thousand effective men including officers, delivered in their report and estimate, which was read. Ordered, That the same remain for farther considera- tion. This Congress having this morning received intimations that provisions were lading on board of a vessel, whereof one Coffin is master, for the use of the army and navy at Boston, a draft of a letter to the Delegates from this Co- lony at the Continental Congress, on that subject, being pre- pared, was read and approved of, and is in the words fol- lowing, to wit : " In Provincial Congress, ) " New-York, June 10th, 1775. $ " Gentlemen — A certain Captain Coffin being suspect- ed of taking on board his vessel provisions for the army and navy at Boston, though consigned to persons in Rhode Island, we have thought proper to delay his voyage until we have the sentiments of the General Congress on the subject. Our reason of suspicion is this : that it hath been intimated to us that Messrs. Lopez and Rome, to whom great part of the cargo is consigned, are commissionated to supply those articles to the army and navy, which is done as is alleged by suffering vessels which contain provisions to lie in the harbour unladen, until seized by a ship of war, according to agreement for that purpose. " We should [have] made inquiry and order in the pre- mises, but that one of our sisler Colonies being concerned, it might tend to create divisions among us at a time when unanimity is so necessary to the public safety. " We are, gent. " Your most obedt. humble servts. " To the New-York Delegates at the Continental Congress." Ordered, That a copy thereof be engrossed, signed by the President and sent by the first conveyance. The Congress adjourned to four o'clock next Monday afternoon. DIE LUN^, 4 ho. p. m. Monday, J\mc l^Vlcv, 1115. The Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexander McDougall, Joseph Hallett, Abraham Walton, Abraham lirasher, Isaac Roosevelt, James Beckman, Samuel Verplanck, Richard Yates, Thomas Smith, John Morin Scott, Jacobus Van Zandt, Isaac Sears — For the city and county of New-York. JOURNAL OF THE PROVINCIAL CONGRESS. 39 Volkert P. Douw, Esquire, Vice-President. Robert Yates, Abraham Yates, Jacob Cuyler, Peter Silvester, Walter Livingston, Robert Van Renselaer, Henry Glenn — For the city and county of Jllbany. Dirck Brinckerhotf, Anthony Hoffman, Zephaniah Plait, Ephraim Paine, Gilbert Livingston, Melancton Smith, Nathaniel Sackett — For Dutches county. James Clinton, Christopher Tappen, John Nicholson — For Ulster county. David Pye, Benjamin Tusteen, Abraham Lent, Jeremiah Clark — For Orange county. Thomas Tredwell— For Suffolk county. Henry Williams, Jeremiah Remsen, Theodoras Polhemius, John Lef- fertse— For Kings county. Joseph Drake, James Holmes and Robert Graham — For West Chester county. Paul Micheau, John Journey, Aaron Cortelyou, Richard Conner and Richard Lawrence — For Richmond county. Samuel Townshend and Joseph Robinson — For Queens county. John Williams and William Marsh — For Charlotte county. The President informed this Congress that he had re- ceived a letter from the New-York Delegates at [the] Con- tinental Congress, the contents and subject matter whereof, ought to be kept a profound secret, and the said letter being read, is in the words following, to wit : " Gentlemen — We are now to acknowledge the honour of your despatches of the 7th inst. " We have long foreseen the difficulties you must be re- duced to, for want of money. They will not be lessened by the resolutions of the Congress of yesterday, recom- mending it to you to procure and forward five thousand barrels of flour for the use of the army at Boston. We communicated the paragraph of your letter, in which you complain that unless the Congress shall make some speedy order with relation to the levying of money, it will be im- possible for you to comply with their farther requests. They, however, seem persuaded that their vote of credit which accompanies the order for the supply, will remove every obstruction, and relying on your zeal for the common cause, they hope you will be able to throw in this provi- sion, which we are apprehensive will soon become highly necessary. " We may venture to hint to you that the emission of paper money will be discussed on Monday ; and we ex- pect in the course of next week, to be able to present you with a determination of this important business, which will free us from much anxiety. " We shall not fail to attend to what you suggest con- cerning the Indians. This is an object to our Colony of the highest moment ; and we hope in due time it will be considered by the Congress. We think the Indians will not be disposed to engage in this unhappy quarrel, unless deceived and deluded by misrepresentation ; and this, with vigilance and care on our part, can be prevented. As one step towards it, which we much applaud, are the assu- rances you have given the superintendent of his safety. "From the temper and customs of the Indians, they would illy brook the extinguishing of their council fire, and had it been damped by any violence to Colo. Johnston's person or property, they must have been alarmed, and very pro- bably excited to extremities. " It is much to be lamented that we are still destitute of ammunition. The Government of Connecticut have been more provident, or more fortunate, and will be able to sup- ply the forces at Ticonderoga with powder. " We commend your caution in addressing two letters to us upon the subject of general officers to command our troops ; what we wrote to you was in the character of your own immediate Delegates, and with a view to discover the sense of our Colony, that we might when this matter comes to be debated in Congress, be fortified with your opinion and arguments, which having obtained, we shall, to the ut- most of our power, enforce your recommendations. "Your remarks on the resolution of the Continental Congress, relative to the taking post at King's Bridge, ap- pear to be conclusive. We shall, however, lay them before our body as soon as the other important matters under con- sideration are determined. " We have the honour to be, " With the greatest respect, gentn. " Your most humble servts. " PHIL. LIVINGSTON, "FRANS. LEWIS, "JAS. DUANE, "WM. FLOYD, " Phila. 10th June, 1775. " JNO. ALSOP. " To the Provincial Congress at New-York." The President having also received a letter from the Continental Congress, desired that the contents and sub- ject matter thereof be kept a profound secret, and the same being read, is in the words following, to wit : " Philadelphia, June 10th, 1775. " Gentlemen — The enclosed resolutions of this Con- gress, I am directed to transmit you, and to desire you will order it to be executed in as expeditious and secret manner as possible, referring your judgment the most sui- table places for landing it, and where there will be the least risk of interruption from the ships of war. You will please to consign it to the committee of correspondence in each place, with a direction to forward the flour to the army as soon as possible. " I have it also in charge to recommend to you, that the flour be transported in small quantities, as there may be danger of the enemy. " I am, gentlemen, " Your most obedient servt. "JOHN HANCOCK, President. " To the Members of the Provincial Congress, New- York." The resolutions mentioned in the above letter from the Congress, being also read, are in the words following, to wit : " Iff Congress, June 9th, 1775. "Resolved, That the Provincial Convention of New- York be requested to convey, as soon as possible, to Providence, in Rhode Island, or to any part in the government of the Massachusets Bay, five thousand barrels of flour, for the use of the Continental army. " That the committee of correspondence at Providence, or in the government of Massachusets Bay, where the said flour may be carried, be desired to receive the same, and to forward it to the camp before Boston as soon as may be, and to lodge such part thereof as cannot immediately be sent thither, in places of security. That this Congress will make provision for defraying the expenses incurred for this service. " A true copy from the minutes " CHAS. THOMSON, Secry." A letter from Mr. Robert Boyd, at New-Windsor, (dated the 10th instant,) on the subject of making muskets, was read and filed. William Ustick, attending at the door, sent in a bill of ex- change, appearing by its date to be drawn at Boston on the 14th ulto. May, on the said William Ustick, by John Monlresor, in favour of Jonathan Hampton, for thirty pounds, New-York currency, endorsed by Jonathan Hamp- ton, to Jonathan Blake, and appearing to be accepted by the said William Ustick, on the 3d day of June, instant ; and the said William Ustick desired the sense of this Con- gress, whether he could pay the said bill consistent with the resolve of the Continental Congress of the 2nd of June, instant. And the said resolve of the Continental Congress being read, it is declared to be the sense and opinion of this Congress, that the said bill comes within the intent and meaning of the said resolve. This Congress then proceeded lo the consideration of ways and means to carry into execution the resolve, re- quest and order of the Continental Congress of the 9th inst. for supplying five thousand barrels of flour for the use of the Continental army, and forwarding the same towards the camp before Boston. And thereupon, 40 JOURNAL OF THE PROVINCIAL CONGRESS. Ordered, That Messrs. Isaac Sears, Abraham Walton and Joseph Hallet, be a committee to purchase the said quantity of flour for the purpose aforesaid, or so much thereof as they can obtain, and to ship and forward the same agreeable to the said resolution. And it is now resolved and agreed nem. con. that every member of this Congress will be responsible to Messrs. Sears, Walton and Hallet for their respective proportions of all moneys that they may disburse, or hereafter be obliged to pay by means of the purchase of the said flour, or of their appointment to comply with the said resolution and request of the Continental Congress. Ordered, That Mr. Peter T. Curtenius, as Commissary of this Congress, be directed to purchase, and he is hereby directed to purchase, three hundred barrels of pork, of such persons as will sell the same on the credit of this Congress, and to forward the same to Albany in parcels with all pos- sible despatch. Mr. Scott, from the committee appointed to confer with Mr. Price, of Montreal, reported a draft of a letter to the merchants of Canada, which was read and approved, and is in the words following, to wit : " In Provincial Congress, ) " New-York, June \2th, 1775. $ " Gentlemen — Mr. Price, one of the inhabitants of your Province, has signified to us the absolute necessity of keeping up a communication between New-York and Ca- nada, by the establishment of a regular post. The friendly sentiments which we feel for our brethren in the northern parts of this Continent, commanded our ready acquies- cence in those reasons which that gentleman assigned in favour of such a communication, as the necessary commer- cial intercourse between you and the rest of the world, seems evidently to require. You may easily conceive that our ability is equal to our wishes to support that communi- cation up to Crown Point. To establish that place or Ti- conderoga for the exchange of the mails between your country and ours, is the most proper expedient to obtain the end proposed ; and the means of communication be- tween Montreal and the place to be agreed on for exchange of the mails, rest entirely with you. Upon the first infor- mation you may be pleased to afford us of an establishment in your quarter, we shall not fail in conspiring with you by a similar establishment on our part. " We should be extremely sorry should the misrepresen- tations of the enemies of America impress our brethren in Canada with an opinion that the Confederated Colonies on this Continent aim at independence. Our allegiance to our Prince, and our attachment to the illustrious House of Hanover, we rank among our most singular blessings. A due subordination to Parliament, in matters for which they alone are competent, we wish firmly to maintain. Our re- sistance to ministerial measures proceeds not either from a desire to oppose the rightful authority of our Sovereign or the constitutional acts of the supreme legislative of the British Empire : — but while we are contented that Great Britain should enjoy that pre-eminence alone which pro- perly belongs to the parent state as individuals, we are re- solved to stand upon the same secure basis of liberty with our fellow subjects on the oilier side of the Atlantic, which can never be obtained under taxations by authority of Par- liament. In prosecuting this idea of freedom, we include our brethren, the inhabitants of the Province of Quebec, as far as will consist with the utmost of I heir wishes. For a further evidence of the sincerity of our intentions, we beg leave to refer you to Mr. Price, and to assure you that we are, " Gentlemen and brethren, " With ihe most undissembled " Friendship, your very humble servts. " By order and on behalf of the Congress. " To the Gentlemen Merchants of the Province of Quebec." Ordered, That two copies of the said letter be engrossed, signed by the President and delivered to Mr. Price un- sealed, to be by him sealed at such time and place as he shall think most prudent. Ordered, That one-half of the printed letters to the in- habitants of Quebec be delivered to Mr. Price, and that he be requested to have them distributed in the most advan- tageous manner. The Congress adjourned till to-morrow morning, 9 o'clock. DIE MARTIS, 9 ho. a. m. June m\ \TXb. The Congress met pursuant to adjournment. Opened with prayers, by the Revd. Mr. Gano. Present — Peter Van Brugh Livingston, Esqr. Presidt. Isaac Low, Alexr. McDougal. Leonard Lispenard, Joseph Hallet, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lan- cey, James Beekman, Samuel Verplanck, Richard Yates, David Clark- son, Thos. Smith, John Morin Scott, Jno. Van Cortland, Isaac Sears — City and county of New-York. Volkert P. Douw, Esqr. Vice-Presidt. Robert Yates, Abraham Yates, Jacob Cuyler, Peter Silvester, Walter Livingston, Robert Van Renselaer, Henry Glenn — City and county of Albany. Dirk Brinckerhoff, Anthony Hoffman, Zephaniah Piatt, Richard Mont- gomerie, Ephraim Payne, Gilbert Livingston, Gysbert Schenck, Me- lancton Smith, Nathaniel Sackel — Dutchess county. James Clinton, Christr. Tappen, Jno. Nicholson — Ulster county. David Pye, Abraham Lent, Jeremiah Clarke — Orange county. Thomas Tredwell, Jno. Foster, Ezra L'hommedieu — Suffolk county. Lewis Graham, James Van Cortlandt, Joseph Drake, Philip Van Cortlandt, James Holmes, Robert Graham, Wm. Paulding — Westches- ter county. Johans. E. Lott, Henry Williams, Jeremiah Remsen, Theods. Pol- hemus, John VanDerbilt — Kings county. Paul Mecheau, John Journey, Aaron Cortelyou, Richard Lawrence, Richard Conner — Richmond county. Jona. Lawrence, Zebulon Williams, Samuel Townsend, Joseph Ro- binson — Queens county. John Williams, William Marsh — Charlotte county. Colo. Clinton and Mr. Tappen, a committee for that purpose, reported a draft of a letter to the New-York De- legates, which was read and approved, and is in the words following, to wit : " In Provincial Congress, > " New-York, June 13th, 1775. $ " Gentlemen — In consequence of one of your resolves, we appointed a committee to view the post in the High- lands, whose report, with a map thereto annexed, you have enclosed, which is all as yet we have been able to do re- specting that mailer. As soon as the proper measures on that head are concluded we will transmit them to you. " We are, gentn. with esteem, " Your most obedt. and humble servts. " To the New- York Delegates in Continental Congress." The report mentioned in the above letter is in the words following, to wit : " Your committee, in obedience to your order of the 30th ulto. do most humbly report, that taking to their as- sistance Capt. Samuel Bayard and Capt. Erasmus Wil- liams, they proceeded to the Highlands and made a sur- vey of the ground adjoining to Hudson river, for the purposes mentioned in the said order, and do report it as their opinion, that a post (capable of containing 300 men) erected on the east bank of Hudson's river, marked A, and another on the west side of the said river, to contain 200 men, marked B in the annexed map, will answer the purposes proposed and directed by the Continental Con- gress. As it is not only the narrowest part of the said river, but best situated on account of the high hills con- tiguous to it, as well on the west as east side of the river, which cover those parts, so that without a strong easterly wind or the tide no vessel can pass it ; and the tide in said part of the river is generally so reverse that a vessel is 4 JOURNAL OF THE PROVINCIAL CONGRESS. 41 usually thrown on one side of the river or the other, by means whereof such vessels lay fair and exposed to the places your committee have fixed on. Your committee are further of opinion, that the cheapest and best materials to face these works would be stone and lime, as there are plenty of stone on the same and adjoining to it, and lime can be had from a little distance up the river. " Your committee begs leave to observe, that they are informed that by means of four or five booms chained to- gether on one side of the river ready to be drawn across, the passage can be closed up to prevent any vessels pass- ing or repassing. " Your committee are further of opinion, that if the last measure should be adopted, it would be requisite and highly prudent to place one or two cannon at the mouth of the Highlands, under the care and inspection of a faithful man, to alarm the troops to be embodied at the places pro- posed in time of danger. Your committee are also further informed, and are of opinion that there is on the east side of the said river, near the place fixed on in the said annexed map, marked A, a good and convenient place to build a magazine for the lodgment of gunpowder and other stores. We believe that though there is no fresh water on the spot proposed for the east post, yet a good spring is near it, so that it can be conveyed thereto with a very small ex- pense. We think it would be also necessary to build a number of small boats for maintaining a communication between the two posts. " Your committee are unable to make a true estimate of the expense that will attend the erecting the said fortifi- cations, but from the best computation they are able to make, it will at least amount to £1,500. " All which is most humbly submitted by your com- mittee. "JAMES CLINTON, " CHRISTR. TAPPEN." Ordered, That the foregoing letter to the New- York Delegates be engrossed, signed by the President, and (together with a copy of the above report) transmitted by the first opportunity. The Congress took into consideration the letter from Robert Boyd, and the proposals of Henry Watkeys relat- ing to the making of muskets and bayonets, and after some time spent therein Resolved, That this Congress will agree with Robert Boyd and Henry Watkeys, that they shall make one thou- sand good muskets, with steel ramrods and bayonets with scabbards, at the price of three pounds fifteen shillings, New-York money, for each good musket with a steel ram- rod and bayonet with a scabbard, including the bounty agreed to be allowed by this Congress. And Resolved, That this Congress will immediately advance the sum of one hundred pounds, New-York money, to assist them in procuring necessary tools and materials for carrying on the said business. And Ordered, That Colo. Lispenard, Capt. Montgomerie and Colo. Clinton be a committee to treat with the said Robert Boyd and Henry Watkeys, and agree with them accordingly- Ordered, That Colo. Lispenard and Mr. McDougal be a committee to agree with any person in this city for im- porting without delay any quantity of gunpowder not ex- ceeding thirty tons, allowing such importer one hundred per cent upon the first cost for the quantity to be imported, he being at all charges and risk, and the powder to be de- livered in good and merchantable order.* Ordered, That Doctor Graham and Mr. Verplanck be a committee to confer with Messrs. Van Vleck and Kip on the subject of making saltpetre, and to know what en- couragement they would expect from this Congress for carrying on a manufacture of saltpetre. Ordered, That Mr. McDougal apply to the genl. com- • Their agreement with John Vanderbilt for that purpose on file. 11 mittee of New- York for two hundred pounds of the money raised by subscription, and that when he has received that sum he pay one hundred pounds thereof to Robert Boyd and Henry Watkeys to enable them to carry on the busi- ness of musket and bayonet making, after the committee for that purpose above named shall have perfected an agreement with them ; and that he pay the other one hun- dred pounds to the President of this Congress, to be ex- pended in paying messengers and other necessary dis- bursements. Mr. Gilbert Livingston has leave of absence for a few- days. The Congress adjourned to 9 o'clock to-morrow morning. DIE MERCURII, 9 ho. a. m. June YWb. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Inglis. Present — Peter Van Brugh Livingston, Esqr. Presidt. Isaac Low, Alexr. McDougal, Leonard Lispenard, Joseph Hallet, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beekman, Saml. Verplanck, Richard Yates, David Clarkson, Thomas Smilh, Benj. Kissam, John Morin Scott, Jacobs. Van Zandt, John Marston, Isaac Sears — City and county of New-York. Volkert P. Douw, Esqr. Vice-Presidt. Robert Yates, Abraham Yates, Jacob Cuyler, Peter Silvester, Wal- ter Livingston, Robert Van Renselaer, Henry Glenn — City and county of Albany. Antho. Hoffman, Zephaniah Piatt, Richard Montgomerie, Ephraim Payne, Gilbert Livingston, Jona. Landon, Gysbert Schenck, Melanc- ton Smith, Nathl. Sacket — Dutchess county. James Clinton, Christr. Tappen and John Nicholson — Ulster county. David Pye, Benj. Tusten, Abraham Lent, Jeremiah Clarke — Orange county. Thomas Tredwell, John Foster, Ezra L'hommedieu — Suffolk county. Governeur Morris, Lewis Graham, James Van Cortlandt, Joseph Drake, Philip Van Cortlandt, James Holmes, Robert Graham, Wil- iam Paulding — Westchester county. Henry Williams, Theods. Polhemus, Jno. Van Derbilt — Kings county. Paul Mecheau, John Journey, Aaron Cortelyou, Richard Conner, Richard Lawrence — Richmond county. Jacob Blackwell, Jonathan Lawrence, Zebulon Williams, Samuel Townsend, Joseph Robinson, Nathl. Tom — Queens county. John Williams, William Marsh — Charlotte county. Messrs. Christopher Miller and Patrick Dennis, attend- ing at the door were called in, when they informed this Congress that they were requested by a number of the members of the Marine Society of this city, to inform this Congress that they were about to form themselves into an artillery company, and that they had nominated Mr. Anthy. Rutgers of this city for their captain, and prayed the approbation of this Congress in the said nomination. The Congress having taken the same into consideration, do unanimously approve of the nomination ot Mr. Anthony Rutgers, to be captain of the said company, and recom- mend to the said society to nominate for the approbation of this Congress, such persons for their other officers as may be confided in. The Congress this day received sundry informations that one Angus McDonald is giving a bounty and enlisting men to be employed against the liberties of the inhabitants of this country ; and therefore the Congress does appoint Mr. McDougal to have the said Angus McDonald brought before this Congress ; and they direct an order to Colo. Lashar, signed by the President, and countersigned by the Secretaries, to be issued and sent to Colo. Lashar, in the words following, to wit : " Colo. Lashar, You are desired to furnish Mr. Alex- ander McDougall with a sergeant's guard, properly ap- pointed to attend him, and in all things to obey him im- mediately. " By order of the Congress. " PETER V. B. LIVINGSTON, Presidt. " Done in Congress. " John McKesson, ) Secretaria n " Robeet Benson, i aeeraanw. 42 JOURNAL OF THE PROVINCIAL CONGRESS. Capt. Thompson, at the request of this Congress at- tended at the door, and being called in, gave the following information in substance, to wit : That he left Cove, near Cork in Ireland, on the sixth of May last ; that six regi- ments had sailed in twenty-four transports for Boston, in- cluding a regiment of horse ; and three regiments had em- barked, and a fourth was embarking or ready to embark for New-York ; that it was reported that the regiments coming to New- York had been wrote for by persons here to support public property and assist against mobs ; and the other parts of the information given by Capt Thomp- son appears in the short notes taken thereof and filed among the papers of this Congress. Thereupon a draft of a letter to the New-York Delegates at Philadelphia was read and approved of, and is in the words following, to wit : "In Provincial Congress, ) " At New-York, June 14 "New-York, June 17 th, 1775. \ " Gentlemen — We are this day informed by Mr. Jef- frey, capt. of the Lord Hyde packet, that the Mercury ship of war was cruising off our coast, and is now at San- dy-Hook to order the transports from Ireland with troops, destined to this city, to proceed immediately to Boston ; and did on Tuesday last, about thirty leagues to the south- east of Sandy-Hook, deliver those orders to the old Spry man of war, now a transport, with part of the 44th regi- ment on board, who immediately altered her course. Capt. Jeffery told us he had this information both from the offi- cers of the troops on board of the Spry, and from some of the officers of the Mercury man of war. From this infor- mation, we are induced to conclude that some capital stroke is meditated against our brethren of the Massachusetts Bay. We therefore, gentlemen, think it our duty to de- spatch this information to you, that it may be known to the Continental Congress. " We are, gentlemen, " Your very humble servts. " P. S. We enclose you copies of the two letters to Genl. Wooster. " To the New- York Delegates in Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and that a copy of the resolve and order of this Congress of the 15th inst. for introducing the Connecticut forces under the command of Genl. Wooster; a copy of the letter to General Wooster from this Con- gress of the same date, and the before written letter to Genl. Wooster of this day, be enclosed to the said dele- gates, and that the same be forwarded by the messenger from the Massachusetts Bay, now on his way to Philadel- phia. Ordered, That the committee appointed to prepare a plan of accommodation between Great Britain and the Colonies, in order to be prepared to give the sentiments of this Congress thereon to the delegates of this Colony, bring in their report on Wednesday next. The Congress adjourned to Monday next, at 4 o'clock, P. M. die hVtUE, June ]9th, 1775, 5th ho. P. M. The Congress met pursuant to adjournment, and ad' journed to nine o'clock to-morrow morning. DIE MARTIS, 9 ho. a. m. 3une £0tt\, 1T15. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Bowden. Present — Peter V. Brugh Livingston, Esquire, President. Issac Low, Alexander M'Dougall, Leonard Lispenard, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beekman, Samuel Verplanck, Richard Yates, David Clarkson, Thomas Smith, Benjamin Kissam, John Van Cortlandt, Jacobus Van Zandt, John Marston — For the City and county of New-York. Abraham Yates, Peter Silvester, Walter Livingston, Robert V. Ren- selaer, Henry Glenn — For the City and county of jllbany. Anthony Hoffman, Zephaniah Piatt, Richard Montgomery, Jona- than Landon, Melancton Smith, Nathaniel Sackett — For Dutches county. James Clinton, Christopher Tappen — For Ulster county. John Coe, David Pye, Benjamin Tusteen, Peter Clowes, John Her- ring, Jeremiah Clarke — For Orange county. Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwell, John Foster, Ezra L'hommedieu, Thomas Wickham — For Suffolk county. Governeur Morris, Lewis Graham, James Van Cortlandt, Stephen Ward, Phil. Van Cortlandt, James Holmes, David Dayton, John Tho- mas, Junr. — For West Chester county. Henry Williams, Jeremiah Remsen, Theodorus Polhemius, John Lefferts — For Kings county. Aaron Cortelyou, Richard Lawrence — For Richmond county. Jonathan Lawrence, Zebulon Williams, Samuel Townshend, Joseph Robinson — For Queens county. John Williams — For Charlotte county. Tryon County — The deputies from Tryon county at- tending at the door, were called in and produced a certifi- cate signed by Nicholas Herkimer, chairman pro tempore, and Andrew Finck, Jr. clerk of a meeting of the commit- tee of Tryon county, held on the eleventh day of June instant, whereby it appears that Christopher P. Yates and John Mallett, Esquires, were appointed Deputies to attend this Provincial Congress without delay, and to act in con- junction with the members thereof upon this very alarming and calamitous situation of British America. The said certificate being read and filed, Ordered, That those gentlemen take their seats. The President informed the Congress that he had re- ceived sundry letters from Philadelphia, by a messenger returned from thence, and who had been sent there with despatches from this Congress, by John Jay, Esqr. Ordered, That Peter Van Brugh Livingston, Esquire, the President, pay the said messenger ; and it is farther ordered, that the President for the future pay all messen- gers who shall be employed by this Congress, taking their respective receipts for the sums paid to them. A letter from James Duane, Esqr. on behalf of himself and the other Delegates from this Colony, was read and filed, and is in the words following, to wit : " Gentlemen — Your favour of the by ex press, came to hand yesterday, and the papers you enclosed have been communicated to the Congress, who cannot but approve of your generous and spirited conduct. " You have by this conveyance two packets from the President of the Congress : on the subjects to which they relate I need make no remark. " As it was found that you had made no progress in rais- ing men, the Congress have thought fit that the posts di- rected to be taken in our Government, should immediately be occupied by the troops of Connecticut, which are ready for service and unemployed. We enclose you by order of the Congress, a certified copy of their resolution on that head. " Your great complaint of the want of money will, I hope, be soon removed. For your present satisfaction, we have obtained leave of the Congress to inform you that the JOURNAL OF THE PROVINCIAL CONGRESS. 47 general cemmittee of the whole body have reported a re- solution, to emit in Continental paper currency a sum not exceeding the value of two millions of Spanish dollars, for the redemption of which, all the Colonies are to be pledged. Upon revolving the effect of this resolution, you will find to agree in the main point, the stability of the fund, with your own judicious system. We hope soon to furnish you with the particulars of this important transaction. We are likewise at liberty to acquaint you that the Congress have agreed to raise at the Continental expense, a body of 15,000 men, 10,000 for the defence at the Massachusets, and the remainder to be employed in New-York, for keeping open the communication between the northern and southern Co- lonies; and that Colo. George Washington is appointed Capt.-General, and Commander-in-Chief of all the forces raised, and to be raised in the common cause ; you are under no further obligation of secrecy on these points, than to prevent their being inserted in any newspaper, from which it is apprehended some prejudices might arise. " The letters for Govr. Trumbull and Genl. Wooster, relate to the removal of the Connecticut troops into our Go- vernment, and are to be forwarded with your despatches on that subject, but they are only from their Delegates and not authoritative, the Congress having referred it to you, to make the application to that government. " I have retired from the Congress at the request of my brethren, to send off these despatches, for which reason I have alone the honor of subscribing myself, " With the greatest respect, gentlemen, " Your most obedient and very humble servt. " JAS. DUANE. " Philad. 17th June, 1775. " To the Provincial Congress at New- York." The resolution of the Continental Congress therein men- tioned of the 16th instant, was read, and is in the words following, to wit : " In Congress, June 16th, 1775. "Resolved, That the Provincial Convention of New- York be desired immediately to apply to Governor Trumbull to order the Connecticut troops now stationed at Greenwich, Stamford, and places adjacent, to march towards New- York, and that part of them occupy such posts upon that island as the said Provincial Convention shall judge best adapted to prevent the communication between the town and country from being cut off. The remainder of the troops to be employed in securing the navigation of Hud- son's river, by erecting batteries at such places as the said Convention shall judge most proper to answer that purpose. " A true copy from the minutes. " CHAS. THOMSON, Secry." A letter from Major-Genl. Wooster, dated the 17th inst. was read and filed, and is in the words following, to wit : " Greenwich, June 17th, 1775. " Sir — Your favour of the 15th instant in behalf of the Provincial Congress, with the enclosed order, I received yesterday morning, and immediately despatched the requi- sition to the Governor, who, together with the council of war, are empowered by our Assembly to order the desti- nation of the troops. I shall hold myself in readiness to march whenever I receive the Governor's orders. " I am, sir, your most obedt. humble servt. " DAVD. WOOSTER. "To Peter V. B. Livingston, Esqr." Another letter from Major-Genl. Wooster of the 18th instant was also read and filed, and is in the words follow- ing, to wit : " Greenwich, June \9,th, 1775. " Sir — Your favour in behalf of your Congress I have just received, a copy of which I have transmitted by ex- press, both to the camp near Boston and to our Governor. I should be very glad to hear that your proportion of men for the defence of the country were raised and well equip- ped, as it is of the utmost importance that a place of such consequence as New-York, should be put in the best pos- ture of defence. " I am in haste, your most obedt. humble servt. " DAVD. WOOSTER, Major-Genl. " To P. V. B. Livingston, Esqr." The President informed the Congress that about thir- teen hundred weight of gunpowder is brought to this city, and that the Congress may have it to purchase if they think fit. Ordered, That Mr. McDougal agree for and purchase the said powder, and that he forward one thousand weight thereof to the Colony of Connecticut, for the use of the Provincial army near Boston, with a letter to Governor Trumbull, enclosing a copy of the resolve of the Continen- tal Congress of the 16th instant, and therein request of him to forward from their most easterly magazine the like quantity to the camp of the Provincial army of the Massa- chusets Bay. And, Ordered, That Mr. McDougal forward the remaining three hundred weight of the said powder to the agents at Albany, to be forwarded to Ticonderoga. A draft of a letter to Govr. Trumbull on the subjects above mentioned was read, and is in the words following, to wit : " In Provincial Congress, ) " New-York, June 20th, 1775. $ " Sir — We enclose you a letter forwarded from the Con- gress to our care, a part of the contents whereof we are made acquainted with. You will observe, sir, that the re- solutions of the Congress on the subject of marching your troops hither, are previous to the important intelligence communicated to General Wooster last Saturday; how the Congress would have determined if they had known that the troops intended for this post were ordered to Boston, we know not; but we desire you, sir, to use your own good judgment upon the whole of the intelligence conveyed to you, and be confident that we shall heartily acquiesce. We nave lately received a small supply of gunpowder, and shall very soon forward to Genl. Wooster half a ton for the Pro- vincial army near Boston, that it may be despatched with the utmost speed ; we pray you to send so much thither from your easternmost magazine. " We are, sir, " Yr. most obedt. humble servts. " By order and on behalf of the Congress. ™ To the Honoble. Jona. Trumbull, Esqr. Govr. of the Colony of Connecticut." Ordered, That a copy thereof be engrossed, signed by the President, and, together with a copy of the resolve of the Continental Congress of the sixteenth instant to be therein enclosed, sent by Mr. Bradford, who offers his service, as a messenger for that purpose. A draft of a letter to Major-General Wooster was read and approved, and is in the words following, to wit : " In Provincial Congress, > " June 20th, 1775. $ " Sir — We have received your favours of the 17th and 18th instant, and beg leave to testify to you our high sense of the readiness which you show to assist our Colony. That honest zeal which inspirits the bosom of our country- men in Connecticut, commands our admiration and praise. With the warmest affection for them, the most fervent at- tention to the public welfare, and the greatest respect, sir, for you, " We are your very humble servts. " By order and on behalf of the Provincial Congress. " P. S. We enclose a letter for you received by your messenger from Philadelphia. " To Major-General Wooster." Ordered, That a copy thereof be engrossed and signed by the President, and sent by Mr. Bradford. A letter from John Hancock, Esqr. President of the Continental Congress, bearing date on the 12th instant, was read and filed, and is in the words following, to wit : 48 JOURNAL OF THE PROVINCIAL CONGRESS. " Philadelphia, 12th June, 1775. " Gentlemen — By order of the Congress I forward you the enclosed resolves, the importance and propriety of which you will readily perceive, as the safety of America greatly depends on our having it in our power to supply ourselves with the means of defence. " I am, gentlemen, " Your most obedt. hum. servt. "JOHN HANCOCK, President. " To the Members of the Provincial Congress, New- York." The resolves of the Continental Congress received en- closed in the above letter, were also read and filed, and are in the words following, to wit : " In Congress, June 10th, 1775. " That it be recommended to the committees of the seve- ral towns and districts in the Colonies of the Massachsetts Bay, New-Hampshire, Rhode Island and Providence Plan- tations, Connecticut, New- York, and the Eastern Division of New-Jersey, to collect all the saltpetre and brimstone in their several towns and districts, and transmit the same with all possible despatch to the Provincial Congress of New-York. " That it be recommended to the Provincial Congress of the Colony of New-York, to have the powder mills in that Colony put into such a condition as immediately to manufacture into powder, for the use of the Continent, whatever materials may be procured in the manner above directed. " That the saltpetre and sulphur to be collected in con- sequence of the resolves of Congress for that purpose, be paid for out of the Continental fund. " A true copy from the minutes. " CHA. THOMSON, Secry." The mayor of the city informed the President that with- out the aid of this Congress Capt. Vandeput, of the ship Asia, cannot get any small necessaries for himself or his ship ; and that Capt. Vandeput requests such aid of this Congress as may give him relief in the premises. Ordered, That Abraham Lott, Esquire, be at liberty to supply Capt. Vandeput and the ship Asia, with such small necessaries as may be wanted from time to time. A letter from Mr. Brook Watson to the President, set- ting forth that he is going into Canada, mentioning his suite and the letters in his custody, and requesting such letter from this Congress as may facilitate his journey, and also a card from Lord and Lady Chatham were read ; and thereupon a draft of a recommendatory passport for the said Brook Watson and his suite was prepared, read and approved of, and is in the words following, to wit : " In Provincial Congress, > "New-York, June 20th, 1775. $ " To all officers in the service of the Colonies, members of committees and others, the friends of American Li- berty, Greeting : " Brethren, take notice, that Mr. Brook Watson, now about to depart hence for the Province of Quebec, having applied to this Congress for a passport : We, well con- vinced that the said Brook Watson is a true friend to this country and its rights, do desire you to give him every as- sistance, and shew him all the civilities in your power, and that you forward him and his suite, being Messrs. Joseph Marie Tonnencour and Louis Perras, companions of the said Brook Watson, and Daniel McKinzie, his servant. " We are, gentlemen, your humble servants. " By order and on behalf of the Congress. " Attest." Ordered, That a copy thereof be engrossed and signed by the President, and countersigned by the Secretaries, and delivered to Mr. Watson ; and that Messrs. Morris, Richard Yates, Clarkson and Low, be a committee to wait on him and receive of him such information as he can give that may be useful for the interests of America. A copy of a letter bearing date at Newport, on the 14th instant, from Jonathan Otis, chairman of the committee of inspection there, was read and filed. A draft of a letter to the committees of East and South Hampton, was read, and is in the words following, to wit : " In Provincial Congress, ) " Neiv- York, June 20th, 1775. $ " Gentlemen — A copy of the letter from the commit- tee of Newport to your committee, concerning certain per- sons now under inoculation in your town, being laid before us, we earnestly recommend to you that you would be very careful that they be so secured and sent off as not to have it in their power to spread the infection. You have enclosed the resolution of this Congress prohibiting the inoculation for the small pox until the first of December next. " We are, &c. " To the Committees of Observation of the towns of East and South Hampton." Ordered, That a copy thereof be engrossed, signed by the President, and, with a copy of the resolve of this Con- gress against inoculation for the small pox, be delivered to Mr. L'hommedieu to be forwarded. A certificate from Jonathan Wells, Samuel Wadsworth and Epaps. Bull, the committee of Hartford, bearing date the 13th inst. certifying that Richard Sharpless, the bearer, is one of the soldiers lately taken at Ticonderoga, and was coming to New-York to collect money due to him, was read ; and the soldier mentioned in the said certificate at- tending at the door, and being lame, Ordered, That the door-keeper provide lodgings for him at the cheapest rate, until the further order of this Con- gress. Mr. Verplanck, (seconded by Mr. Melancton Smith,) moved in the words following, to wit : I move that the sum of £2,000, when we receive the Continental currency, be lent to Messrs. Van Vleck and Kip, at 5 per cent, for the term of two years, they giving security for the same, to enable them to manufacture salt- petre, and that this Congress engage to take from them any quantity of saltpetre, under twenty tons, they may manufacture in this Colony within a twelve month, at the rate of 2s. 6d. per pound. And debates arose thereon, and the question being put, it was carried in the negative, in the manner following, to wit : For the motion. Against the motion. County of Dutchess, City and county of Albany, County of Ulster, County of Richmond, County of Suffolk, County of Charlotte, County of Orange — 3. County of Kings. County of Westchester, County of Tryon, City and county of New- York, County of Queens — 19. A letter from John Hancock, Esqr. President of the Continental Congress, bearing date the 15th instant, was read, and is in the words following, to wit : " Philadelphia, June 15th, 1775. "Gentlemen — Your letter of the 10th inst. to the Delegates of New- York has been laid before the Con- gress, in consequence of which I am directed to return you the thanks of the Congress for your vigilance in the case of Capt. Coffin's vessel, and to recommend to you that the vessel be unloaded and the cargo safely stored, until all just suspicions concerning the destination of it shall be removed. " I am, gent. " Your most obedt. humble servt. JOHN HANCOCK, Presidt. " To the Members of the Provincial Congress, New- York." A letter from the Provincial Congress of New-Hamp- shire, together with a certified copy of a resolve of that Congress, were read and filed. Ordered, That Mr. Tappen and Mr. Christopher P. JOURNAL OF THE PROVINCIAL CONGRESS. 49 Yates be added to the committee for arrangement of troops to be raised in this colony. The Congress adjourned to to-morrow morning 9 o'clock. DIE MERCURII, 9 ho. a. m. June aist, 1T15. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Moore. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexr. McDougal, Leonard Lispenard, Abraham Wal- ton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beekman, Saml. Verplanck, Richard Yates, David Clarkson, Tho- mas Smith, Benj. Kissam, John Morin Scott, Jacobs. Van Zandt, John Marston — City and county of New-York. Abm. Yates, Junr. Peter Silvester, Walter Livingston, Robert Van Renselaer, Henry Glenn — City and county of Mbany. Anthony Hoffman, Zephaniah Piatt, Richard Montgomerie, Jona- than Landon, Gysbert Schenck, Melancton Smith, Nathl. Sacket— Dutchess county. Johans. Hardenbergh, James Clinton and Christr. Tappen— Ulster county. John Coe, Benj. Tusten, John Herring— Orange county. Nathaniel Woodhull, John Sloss Hobart, Thomas Wickham, Tho- mas Tredwell and John Foster — Suffolk county. Governeur Morris, Lewis Graham, James Van Cortlandt, Stephen Ward, Philip Van Cortlandt, James Holmes, David Dayton, John Tho- mas, Junr. William Paulding— Westchester county. Theods. Polhemus, John Leffertse, Nichs. Covenhoven, John Van Derbilt— Kings county. Paul Mecheau, Aaron Cortelyou, Richd. Lawrence — Richmond county. Jonathan Lawrence, Zebulon Williams, Saml. Townsend, Joseph Robinson — Queens county. John Williams — Charlotte county. Christopher P. Yates, John Marlett — Tryon county. John Hazeltine, Paul Spooner and William Williams — Cumberland county. A letter from John Hazeltine, the chairman of the com- mittee of Cumberland county, was read and filed. The gentlemen who are Deputies from Cumberland county produced a set of resolves entered into by the delegates of the several towns in the said county, con- vened at the court-house at Westminster on the sixth in- stant, signed by John Hazeltine, chairman, and Sol. Phelps, dep. clerk ; and by the conclusion of the sixth and last resolve it appears and is certified, that Colo. John Hazeltine, Doctor Paul Spooner and William Williams, Esqr. were voted and elected Deputies for that county, to attend, meet and join in this Congress. The said resolves and certificate were read and filed, and Ordered, That those gentlemen take their seats. The petition of Joseph Johnson on behalf of himself and three other Indians therein named, praying for a pass- port and letter of safe conduct for himself and the said three Indians to New-London in Connecticut, and some small aid in money to assist them in their journey, was read and filed. Ordered, That a passport and letter of safe conduct be made and delivered to the said Joseph Johnson and his three companions, by name, in their journey to New-Lon- don ; and that the President give him ten pounds to assist him and his companions in their journey. A letter from John Bay, Secretary of the committee of Albany, was read, and is in the words following, to wit : " Albany, 16th June, 1775. " Sir — By order of the committee of this city and county, of the 15th inst. you have enclosed a copy of a letter from the Revd. Samuel Kirkland, missionary among the Onida Indians. " I am, Sir, your humble servt. " JOHN BAY, Secry. P. T. (Endorsed thus,) " To Peter V. B. Livingston, Esqr. President of Provincial Congress, New-York." The copy of the letter from Mr. Kirkland, therein en- 13 closed, was read and filed, and is in the words following, to wit : " Cherry-Vally, 9th June, 1775. " Gentlemen — This acknowledges the receipt of your favour, with an enclosed paper, the authenticity of which I have no doubt. I am much embarrassed at present. You have doubtless heard Colo. Johnston has orders from Government to remove the dissenting missionaries from the Six Nations till the difficulties betwixt Great Britain and the Colonies are settled. In consequence of which [he] has forbid my return to my people at Oneida ; he has since given encouragement that I may revisit them after the Congress. But to be plain, I have no dependance at all upon his promises of this kind. In particular, he ap- pears unreasonably jealous of me, and has forbid my speaking a word to the Indians, and threatened me with confinement if I transgress. All he has against me I sup- pose to be this : a suspicion that I have interpreted to the Indians the doings of the Continental Congress, which has undeceived and too much opened the eyes of the Indians for Colo. Johnston's purposes. I confess to you, gentle- men, that I have been guilty of this, if it be any trans- gression. The Indians found out that I had received the abstracts of said Congress, and insisted upon knowing the contents. I could not deny them, notwithstanding my cloth ; though in all other respects I have been ex- tremely cautious not to meddle in matters of a political nature. " I apprehend my interpreting the doings of the Con- gress to a number of their Sachems has done more real service to the cause of the country, or the cause of truth and justice, than five hundred pounds in presents would have effected. " If you think proper, you may acquaint your Provincial Congress with the contents of this, but you must be cau- tious in exposing my name. You cannot but be sensible my situation is extremely difficult. " You may expect either to see or hear from me again very soon. Wishing you the blessings of peace, and that we may all be disposed to acquiesce in the Divine govern- ment, in utmost haste [I] subscribe, gentlemen, " Your obedt. and very humble servt. "SAML. KIRKLAND. " To the Committee of Albany. " A true copy. " John Bay, Secry. P. T." Ordered. That Mr. Abraham Yates, Colo. Harden- bergh, Mr. Silvester, Mr. Glenn and Mr. Christopher P. Yates, be a committee to consider of directions as may be proper for this Congress to give, and such measures as may be useful to be by them adopted with respect to the Oneidas and other Indian nations, and that they report with all convenient speed. Ordered, That Colo. Tusten and Colo. Hazeltine be added to the committee for arrangement of the troops to be raised in this Colony. A letter from the following gentlemen, to wit : Benja- min Carpenter, chairman of the committee of New-Marl- borough, Samuel Brewster, chairman of the committee of New-Windsor, and Isaac Belknap, chairman of the com- mittee of Newburgh, pro tempore, was read and filed. Ordered, That Mr. Thomas Smith, Mr. John Williams, Mr. Richard Yates and Mr. Verplanck be [a] committee to consider of the best methods to carry into execution the resolves of the Continental Congress with relation to salt- petre and sulphur and to make report with all convenient speed. Mr. McDougal reported a list of the persons in the city of New-York who have got saltpetre, and of the quantity that each person has on hand, by which it appears that the whole quantity of saltpetre now in town amounts to 2871b. A draft of a letter to the committee of the city of New- York, to attend a copy of the resolve of the Continental 50 JOURNAL OF THE PROVINCIAL CONGRESS. Congress of the 10th instant, was read and approved, and is in the words following, to wit : "In Provincial Congress, ) " New-York, June 21st, 1775. $ " Gentlemen — You will see from the enclosed order that the committees of the respective counties are request- ed to collect all the saltpetre, sulphur and brimstone, in their several towns and districts, and to transmit the same with all possible despatch to this Congress. " We recommend this matter to your immediate atten- tion, and beg you will purchase up all the saltpetre in this city and county, and communicate to this Congress the quantity of brimstone and sulphur that may be purchased in town, that we may be able to carry into execution the resolve of the Continental Congress. " We are, gentlemen, " Your very humble servts. "By order and on behalf of the Provincial Congress. " To the Genl. Committee of Association for the city and county of New- York." Ordered, That the state of Queens county be taken in- to consideration to-morrow morning. Ordered, That the committee for preparing a draft of the sentiments of this Congress, on the terms of a reconci- liation with Great Britain, at their request, be indulged in bringing in their said report till to-morrow morning. The Congress adjourned to 9 o'clock to-morrow morn- ing. DIE JOVIS, 9 HO. A. M. Jvme Ml, \V15. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Dr. Auchmuty. Present — Peter Van Brugh Livingston, Esqr. Presidt. Isaac Low, Alexx. McDougal, Leonard Lispenard, Abraham Wal- ton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beek- man, Samuel Verplanck, David Clarkson, Thomas Smith, Benjamin Kis- sam, John Van Cortlandt, Jacobus Van Zandt, John Marston, Isaac Sears— City and county of New- York. Abraham Yates, Peter Silvester, Walter Livingston, Robert Van Renselaer, Henry Glenn— City and county of Albany. Anthony Hoffman, Zephaniah Piatt, Richard Montgomerie, Jonathan Landon, Melancton Smith, Nathaniel Sacket— D utchess county. Johans. Hardenbergh, James Clinton, Christopher Tappen— Ulster county. John Coe, Benjamin Tusten, John Herring— Orange. Nathaniel Woodhull, John Sloss Hobart, John Foster, Thomas Wick- ham, James Havens, Selah Strong— Suffolk. Governeur Morris, Lewis Graham, James Van Cortlandt, Stephen Ward, Philip Van Cortlandt, James Holmes, David Dayton, John Thomas, Junr. William Paulding— Westchester county. Johans. E. Lott, Henry Williams, Jeremiah Remsen, Theods. Polhe- mus, John Leffertse, Nichs. Covenhoven, John Van Derbilt— Kings. Paul Mecheau, Aaron Cortelyou, Richard Lawrence— Richmond. Jonathan Lawrence, Zebulon Williams, Samuel Townsend, Joseph Robinson — Queens. John Williams— Charlotte. Christopher P. Yates, John Marlett— Tryon. John Hazeltine, Paul Spooner, William Williams— Cumberland. Ordered, That Mr. Gerard Bancker be requested to have all the barracks in this city immediately cleansed and made wholesome, so that they may be ready to receive such troops as this Congress shall direct. A draft of a passport for Mr. Joseph Johnson and his Indian companions, was read and approved, and is in the words following, to wit : " In Provincial Congress, > " New-York, June 22d, 1775. $ " To all Officers in the service of the Colonies, Members of Committees and others, friends of American Liberty, Greeting: " Brethren — Know ye, that Mr. Joseph Johnson, an Indian of the Mohegan tribe, and a licensed preacher of the gospel, amongst the New-England and Oneida Indians, having applied to this Congress for a passport for himself and three other Indians, his companions now here, on a journey from the Oneida country to New-London, in Con- necticut ; we, well convinced of the friendly disposition of the said Joseph Johnson to the inhabitants of the Ame- rican Colonies, and of his intentions and good offices to preserve and maintain peace and harmony between them and the Indian nations, do request and desire you to afford all necessary aid and protection to the said Joseph Johnson, and his three Indian companions, being James Shattock, John Skesuck and Samuel Tallman, and to permit them to pass freely and safely in their journey to New-London aforesaid. " We do, also, hereby request the said Joseph Johnson in our names, and on behalf of the whole Colony of New- York, to assure the Oneida Nation, and all other our old friends and allies of the Confederated Indian Nations, that we love and esteem them as our brethren, that we desire to maintain with them the old friendship which subsisted between us from the time of our forefathers, and that the path between us may be kept free and open at all times ; and that we desire they do not give ear to any false reports, whatsoever to the contrary. " By order and on behalf of the Provincial Congress. " Attest." Ordered, That a copy thereof be engrossed, signed by the President, and countersigned by the Secretaries, and delivered to the said Joseph Johnson. It is recommended by this Congress to the general com- mittee of association of the city and county of New- York, that they do immediately take the most effectual means in their power to prevent the small pox from spreading in this city or county, and for securing the city as much as possi- ble from the danger of infection from that disease. The order of the day for consideration of the state of Queens county, being read, and after some time spent therein, Resolved, That Thomas Hicks, Joseph French and Daniel Rapalye, Esqrs. who were elected Deputies to re- present Queens county in this Congress, and have not as yet attended, be requested to take their seats in this Con- gress on Tuesday next, or assign their reasons for neglect- ing to attend. And it is Ordered, That Captain Richard Thome, who has ne- glected to attend this Congress for some time past, be also requested to attend on Tuesday next. Ordered, That the members for Queens county do, on Tuesday morning next, report to this Congress their opi- nion of the conduct of their constituents, with regard to the controversy now subsisting between Great Britain and the American Colonies, and what steps have been taken by any of the inhabitants of that county to defeat the measures adopted, or necessary to be adopted, by the Continental and this Congress, for the preservation of our rights and privileges. The committee appointed to report the subject matter of a proper plan of accommodation with Great Britain, de- livered in their report, which was read ; and the same be- ing read a second time, Ordered, That the same be taken into consideration on Saturday morning next ; that the members of each county have leave to take one copy thereof, each copy to be num- bered by one of the Secretaries, who shall take a memo- randum of the name of the member who shall take with him such copy, and the number of the copy by him taken, that all the said copies may on Saturday next be returned to and filed with the Secretaries ; and all the members are directed by the President, from the chair, to take the ut- most care to preserve the said copies secret, and to keep secret the subject matter thereof. And it is agreed that no member shall transcribe the said report, or take any copy from the copies taken out of the House for the use of the members of each county ; and that all the said copies shall on Saturday next be returned to the Secretaries. Mr. Thomas Wickham delivered the general association in a book, signed by the freeholders and inhabitants of the town of East-Hampton, with a certificate thereto, subscrib- ed by John Chatfield, chairman, certifying that every male JOURNAL OF THE PROVINCIAL CONGRESS. 51 in the town of East-Hampton, capable of bearing arms, has signed the said association. Mr. McDougal moved (and was seconded by Mr. Yates) that the sense of this Congress be taken whether the troops to be raised in this Colony shall be clothed in uniform. Debates arose thereon, and it was deferred for farther consideration. The Congress adjourned to 9 o'clock to-morrow morn- ing. DIE VENERIS, 9 ho. a. m. June 1V15. The Congress met pursuant to adjournment. Opened with prayer by the Revd. Doctor Rogers. Present — Peter Van Brugh Livingston, Esqr. Prcsidl. Isaac Low, Alexr. McDougal, Leonard Lispenard, Joseph Hallet, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beekman, Samuel Verplanck, David Clarkson, Thomas Smith, Benjamin Kissam, John Van Cortlandt, Jacobus Van Zandt, Isaac Sears — City and county of New-York. Abm. Yates, Peter Silvester, Walter Livingston, Robert Van Rense- laer, Henry Glenn — City and county of Albany. Anthony Hoffman, Zephaniah Piatt, Richard Montgomerie, Jonathan Landon, Melancton Smith, Nathaniel Sacket — Dutchess. Johans. Hardenbergh, James Clinton. Christr. Tappen — Ulster. John Coe, Benj. Tusten, John Herring — Orange. Nathl. Woodhull, John Sloss Hobart, Thomas Wickham, Selah Strong — Suffolk. Governeur Morris, Stephen Ward, Philip Van Cortland, James Holmes, David Dayton, John Thomas, Junr. William Paulding — West- chester. Henry Williams, Jeremiah Remsen — Kings. Paul Mecheau, Aaron Cortelyou, Richard Lawrence — Richmond. Jonathan Lawrence, Zebulon Williams, Samuel Townsend, Joseph Robinson — Queens. John Williams — Charlotte. Christopher P. Yates, John Marlett — Tryon. John Hazelline, Paul Spooner, William Williams — Cumberland. A memorial of William Elphinston, a conductor of ord- nance stores, taken at Ticonderoga, setting forth his pover- ty and want of subsistence, and praying for relief. Ordered, That the President advance twenty shillings per week to the said William Elphinstone, for his sub- sistence, until the further order of this Congress, and that the said William Elphinstone have leave to take the use of a room in the lower barracks. Resolved, That the inhabitants of this Colony ought not to kill any lamb until the first day of November next. Mr. Morris moved, (and was seconded by several mem- bers from the northern counties,) that this Congress enter into and publish a resolution to restrain the killing of sheep until the first day of November next. Debates arose thereon, and according to a rule of this Congress, at the request of the Deputies of Albany, Suf- folk and New-York. Ordered, That the same be postponed till Wednesday next. And, Ordered, That the above resolution, with respect to lamb, shall not be published until Wednesday next. Robert Boyd, in pursuance of the letter from this Con- gress of the sixteenth instant, attending at the door, was called in. He informed this Congress that he could set on foot a manufactory of gun barrels, bayonets and steel ramrods, and deliver them at the price of thirty-five shil- lings for each barrel, ramrod and bayonet. Henry Wat- keys, attending at the door, was^also called in, and offered to furnish locks for the muskets, and to mount, stock and to finish them in complete workmanlike manner, as the sample shewn to him, at the rate of forty-five shillings each. And a saddler, attending at the door, was called in, and in- formed the Congress that the expense of making scabbards for bayonets would be two shillings, and straps and buckles for the muskets would be one shilling and six pence. Ordered, That the former committee appointed to agree with Robert Boyd, to wit : Colo. Lispenard, Mr. Montgo- mery and Colo. Clinton, together with Thomas Smith, Esqr. be a committee to agree with the said Robert Boyd for all the musket barrels, ramrods and bayonets that he shall make within six months ; and that the same commit- tee agree with Henry Watkeys for such of the said mus- kets as he shall stock and finish, in manner aforesaid, with- in the same time. Mr. Sears has a leave of absence, (after to-morrow noon,) to go to Philadelphia. Mr. John Williams has the like leave to go home. Mr. McDougal moved, (seconded by Mr. Morris,) in the words following : I move that this Congress recognize the act of the Provincial Convention of this Colony, which elected Philip Livingston, Esqr. and others Delegates to represent the Colony in the Continental Congress, now sitting in Philadelphia. The subject matter of the said motion being unanimously agreed to and approved of, Resolved, nemine contra dicenle, That this Congress does fully recognize the act of the Provincial Convention of this Colony, which elected Philip Livingston, James Duane, John Alsop, John Jay, Simon Boerom, William Floyd, Henry Wisner, Philip Schuyler, George Clinton, Lewis Morris, Francis Lewis and Robert R. Livingston, Junr. Delegates to represent this Colony in the Continen- tal Congress, now sitting in the city of Philadelphia. The Congress adjourned to 4 o'clock, P. M. Die Veneris, 4 ho. P. M. June 23d, 1775. The Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esqr. Presidt. Alexr. McDougal, Leond. Lispenard, Joseph Hallet, Isaac Roosevelt, James Beekman, Thos. Smith, Benj. Kissam, John Van Cortland, Ja- cobus Van Zandt, Isaac Sears — City and county of New-York. Abraham Yates, Peter Silvester, Walter Livingston, Robt. Van Ren- selaer, Henry Glenn — Albany. Anthony Hoffman, Zephaniah Piatt, Richard Montgomerie, Gilbert Livingston, Jonathan Landon, Nathaniel Sacket — Dutchess. James Clinton, Christr. Tappen — Ulster. Benjn. Tusten, John Herring — Orange. Nathl. Woodhull, John Sloss Hobart, John Foster, Thos. Wickham, Selah Strong — Suffolk. Govt. Morris, Stephen Ward, Philip Van Cortland, James Holmes, David Dayton, John Thomas, Junr. William Paulding — Westchester. Henry Williams, Jeremiah Remsen — Kings. Jonathan Lawrence, Zebulon Williams, Samuel Townsend, Joseph Robinson — Queens. Paul Mecheau, Aaron Cortelyou, Richard Lawrence — Richmond. John Williams — Charlotte. Christr. P. Yates, John Marlett— Tryon. Paul Spooner, William Williams — Cumberland. The Congress being informed that General Washington, Commander-in-Chief of all the forces raised, and to be raised in the American confederated Colonies, is on his way from Philadelphia to this city, and expected to be near at hand. Ordered, That the door-keeper wait on Colo. Lashar and request him to attend this Congress immediately. And Colo. Lasher attending at the door, being called in by desire of the Congress, the President requested Colo. Lasher to send one of his field officers to meet Genl. Wash- ington and to know when he will be in this city. And far- ther requested Collo. Lasher to make such orders as to have his battalion ready to receive General Washington when he shall arrive. The committee appointed to make and repoit an arrange- ment of the troops to be raised in this Colony, delivered in their report, which was read. The Congress immediately proceeded to the consideration thereof; and after some time spent therein, Ordered, That the same be deferred for further consi- deration. Doctor Dayton had leave of absence. The Congress adjourned to to-morrow morning 9 o'clock. ♦ JOURNAL OF THE PROVINCIAL CONGRESS. DIE SATURNII, 9 ho. a. m. Jvme %Xi\ The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Gano. Present — Peter Van Brugh Livingston, Esqr. Presidt. Isaac Low, Alexr. McDougal, Leonard Lispenard, Joseph Hallet, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lan- cey, James Beekman, Samuel Verplanck, Thomas Smith, Benjamin Kissam, John Morin Scott, Jacobus Van Zandt, Isaac Sears — City and county of New-York. Abraham Yates, Peter Silvester, Walter Livingston, Henry Glenn, Robert Van Renselaer — Albany. Anthony Hoffman, Zephaniah Piatt, Richard Montgomerie, Natha- niel Sacket, Gilbert Livingston, Jonathan Landon, Melancton Smith — Dutchess. Johans. Hardenburgh, James Clinton, Christr. Tappen, John Nichol- son — Ulster. John Coe, Benj. Tusten, John Herring — Orange. Nathaniel Woodhull, John Sloss Hobart, John Foster, Thomas Wick- ham, Selah Strong— Suffolk. Govr. Morris, Stephen Ward, Philip Van Cortland, James Holmes, David Dayton, John Thomas, William Paulding — Westchester. Johans. E. Lott, Henry Williams, Jeremiah Remsen, John Leffertse — Kings. Paul Mecheau, Aaron Cortelyou, Richard Lawrence — Richmond. Jona. Lawrence, Zebulon Williams, Joseph Robinson — Queens. John Williams — Charlotte. Christopher P. Yates, John Marlett — Tryon. Paul Spooner, William Williams. — Cumberland. A letter from Governor Trumbull to the President was read and filed, and is in the words following, to wit : "Lebanon, June 19th, 1775. " Sir — Your favour of the 29th May have received and note the contents. Am also favoured with yours of the 6th instant, enclosing the resolution of the Continental Congress of the 31st of May, with the lists of articles, or- dered to be sent to Crown Point and Ticonderoga and the persons employed in that service. We hope soon to hear you are well supplied with the necessary article of powder, and are able to furnish others with it. As to the supplies of our troops, the necessary provisions must be furnished from us, if not done by you. On application for fresh pro- visions, have ordered a drove of fat cattle to move forward, to furnish them with fresh beef for the present. You have enclosed an extract of our act of Assembly directing the sup- plies of our troops. Am also to acknowldedge your fa- vour of the 10th instant, wherein you mention the forward- ing a quantity of powder, which I am advised is arrived at Stamford. Shall immediately, agreeable to your desire, forward from hence the like quantity, 6551b. to the camp at Cambridge. The proceedings of your Provincial Con- gress of the 14th instant, inclosing the intelligence given them by Capt. Thomson came safe to hand ; a copy of which intelligence have forwarded to the camp at Cam- bridge ; and in compliance with your request to Major General Wooster, have ordered seventeen hundred men under his command to march immediately within five miles of the city of New-York, subjected to the orders of the Continental Congress, and Provincial Congress in New- York. Have appointed Capt. Elisha Phelps, Commissary, to receive at Albany and forward the supplies of provisions for the forces on Lake Champlain agreeable to resolve of the Continental Congress the first instant. This gentle- man was one of the first in taking possession of those for- tresses, and doubt not he will conduct with prudence and to good satisfaction. Have directed him to correspond with Colo. Hinman, to employ persons already engaged, especially George Palmer, Esqr. and in such manner as to give no uneasiness to our friends in Albany. " I am with great truth and regard, " Sir, your obedient, and most " Humble servant, JONTH. TRUMBULL. "To the Honble. P. V. B. Livingston, Esquire, President of the Provincial Congress at New- York." The extract of an act of the Legislature of Connecticut (enclosed in the last before mentioned letter) mentioning the particular provisions enacted to be made for their troops was read and filed. The order of the day being read, the Congress resumed the consideration of the report of the committee on the subject matter of a plan of accommodation with Great Bri- tain ; and the same was read, and by order, being again read, paragraph by paragraph, the first paragraph is in the words following, to wit : " That all the statutes and parts of statutes of the Bri- tish Parliament which were held up for repeal by the late Continental Congress, in their association, dated the twen- tieth day of October, 1774, and all the statutes of the Bri- tish Parliament passed since that day, restraining the trade and fishery of Colonies on this Continent, ought to be re- pealed." The said first paragraph being read, debates arose there- on, and Mr. Morris moved, and was seconded, that the words following be substituted instead of the whole first paragraph, to wit : " That such acts of Parliament as the present Congress think fatal to the liberties of America ought to be repealed." And debates arising on the said amendment, and the question being put, it was carried against the amendment, in manner following, to wit : For the amendment. Jlgainst the amendment. Kings County, 2 Dutchess, 2 Richmond, 2 Suffolk, 2 Westchester, 2 Ulster, 2 Orange, 2 Queens, 2 — Albany 3 8 Cumberland, 2 New-York, 4 Dissentient — Mr. De Lancey. Charlotte, 2=19 Resolved, therefore, That the said amendment be re- jected. The said first paragraph being again read, and the ques- tion put, whether the Congress does agree to the said first paragraph, it was carried in the affirmative, in the manner following, to wit : For the affirmative. For the negative. Westchester, 2 Cumberland, 2 Kings, 2 Suffolk, 2 New-York, 4 — Albany, 3 4 Tryon, 2 Dissentients — Mr. Sacket, Co- Orange, 2 lo. Woodhull, Mr. Sears, Mr. Charlotte, 2 Scott, Mr. Brasher,Mr. Beek- Dutchess, 2 man. Queens, 2 Richmond, 2=23 Resolved, therefore, That this Congress does agree with their committee in the first paragraph of the said re- port. Then the 2nd, 3rd and 4th paragraphs of the said re- port being read, are in the words following, to wit : " That from the necessity of the case, Britain ought to regulate the trade of the whole Empire. " That from the natural right of property, the powers of taxation ought to be confined to the Colony Legislatures respectively : Therefore, " That the moneys raised as duties upon the regulations of trade, ought to be paid into the respective Colony trea- suries, and be subject to the disposal of their assemblies." Debates arose thereon, and the question being put, whe- ther the Congress does agree to the said 2nd, 3rd and 4th paragraphs, it was carried in the affirmative, in man- ner following, to wit : For the affirmative. For the negative. Albany, 3 Suffolk, 2 Dutchess, 2 Ulster, 2 Westchester, 2 Cumberland, 2 Kings 2 — Tryon, 2 6 Richmond, 2 Dissentients — Colo. Woodhull, Queens 2 Mr. Sacket, Mr. Sears, Mr. New-York, • . 4 Scott, Mr. Brasher,Mr. Beek- Orange, 2 man. Charlotte, 2=23 JOURNAL OF THE PROVINCIAL CONGRESS. 53 For the affirmative. WestChester, 2 Charlotte, 2 Dutches, 2 Mr. Sacket dissenting. Queens, 2 Kings, 2 Tryon, 2 New- York, 4 Dissentients — from the vote of New-York, Messrs. Sears, Scott, Brasher, Beekman. Orange, 2 Richmond, 2 Albany, 3 23 For the negative. Ulster 2 Suffolk, 2 Colo. Woodhull dissenting. Cumberland, 2 6 For the affirmative. Kings, 2 Dutches 2 Mr. Sacket dissenting. Richmond, 2 Charlotte, 2 Tryon, 2 Albany, 3 New-York, 4 Dissentients-Mess. Sears, Brasher, Scott and Beek- man. WestChester, 2 Queens, 2 21 .For the negative. Ulster, 2 Orange, 2 Cumberland, 2 Suffolk, 2 Colo. Woodhull dissenting. 8 Resolved, therefore, That this Congress does agree with their committee in the second, third and fourth para- graphs of the said report. The fifth paragraph of the said report being then read, is in the words following, to wit : " That in those Colonies whose Representatives in Ge- neral Assembly are now chosen for a greater term than three years, such assemblies for the future, ought in their duration not to exceed that term." And the same being read, debates arose thereon, and the question being put whether the Congress agrees to the said fifth paragraph, it was carried in the affirmative, in the manner following, to wit : For the affirmative. New-York, 4 Charlotte, 2 Dutches, 2 Richmond, 2 West Chester, 2 Queens, 2 Kings, 2 Orange, 2 Votes 18 For the negative. Ulster, 2 Tryon, 2 Cumberland, 2 Suffolk, 2 Dissenting — Colonel Wood- hull. Albany, 3 Votes 11 Resolved, therefore, That this Congress does agree with their committee in the fifth paragraph of their said report. The sixth paragraph of the said report being then read, is in the words following, to wit : " That the Colonies are ready and willing to support the civil government within the respective Colonies, and on proper requisitions, to assist in the general defence of the Empire in as ample manner as their respective abilities will admit of." The same being read, debates arose thereon, and the question being put whether the Congress does agree to the said sixth paragraph, it was carried in the affirmative, in the manner following, to wit : Resolved, Therefore that this Congress does agree with their committee in the said seventh paragraph of their re- port, as now amended. Mr. Morris (seconde'd by Colo. Woodhull,) then moved that a resolution be entered into by this Congress and added to those mentioned in the said report of the com- mittee on the plan of accomodation with Great Britain, to wit : Resolved, That no one article of the aforegoing report be considered as preliminary to another, so as to pre- clude an accommodation without such article, and that no part of the said report be deemed binding or obligatory upon the Representatives of this Colony in Continental Con- gress ; the same being merely intended to testify our sense of a mode by which the unhappy differences between Great Britain and America may be finally accommodated, and of the propriety of an overture for that purpose. And the same being read a second time was unanimous- ly resolved and agreed to. The Congress being informed by several members, that nothing has as yet been done towards cleansing the bar- racks in this city : Therefore, Ordered, That Messrs. Gerrit Roorback and John Lamb be requested to have all the barracks in this city immediately cleansed and made wholesome, so that they may be ready to receive such troops as this Congress shall direct. Mr. Melancton Smith (seconded by Mr. Hobart,) then moved in the words following, to wit : I move for the fol- lowing addition to the report. " And as the free enjoy- ment of the rights of conscience is of all others the most valuable branch of human liberty, and the indulgence and establishment of Popery all along the interior confines of the old Protestant Colonies tends not only to obstruct their growth, but to weaken their security ; all concerns of a religious and ecclesiastical nature, so far as tliey may be under the cognizance and controul of civil authority, ought to remain exclusively with the respective Colony Legisla- tures as the most inestimable object of their internal po- lice." The said motion being delivered in at the table and read a second time, Mr. Thomas Smith moved for the follow- ing amendment, to wit : that from the word " security" to the end of the said motion be obliterated, and instead thereof the following words inserted, to wit : " That the Parliament of Great Britain cannot constitutionally or of right interfere or interpose in any wise howsoever in the religious and ecclesiastical concerns of the Colonies." Which amendment being read, Mr. Morris proposed the following additional amendments which were read and agreed to, to wit : that between the words " that" and " the" the word " neither" be inserted, and that the words " cannot constitutionally or" be obliterated, and instead thereof the words " nor any other earthly legislature or tribunal ought or can" be inserted in their stead. And both the said amendments being together read, and agreed to, nemine contra dicente, the said motion as before amended was again read, and is in the words following, to wit : " And as the free enjoyment of the rights of conscience is, of all others, the most valuable branch of human liberty, and the indulgence and establishment of Popery all along Resolved, therefore, That this Congress does agree with their committee in the said sixth paragraph of their report. The seventh paragraph of the said report being then read, is in the words following, to wit : " The Colonies are ready and willing to assent to a Continental Congress deputed from the several Assem- blies, to meet with a President appointed by the Crown, for the purpose of raising and apportioning their general aids, upon application made by the Crown according to the advice of the British Parliament, to be judged of by the said Congress." On reading the same, debates arose, and on motion of Mr. Piatt, seconded by Messrs. Hobart and Scott, the following amendments were proposed and agreed to, to wit: The word "from" between the word "deputed," and the word " the " obliterated, and the word " by," there inserted; and that the word " Assemblies " be oblite- rated, and the word " Colonies" inserted in its stead, &c. And the question being put, whether the Congress does agree to the said seventh paragraph, with those amend- ments, it was carried in the affirmative, in the manner following, to wit : 14 54 JOURNAL OF THE PROVINCIAL CONGRESS. the interior confines of the old Protestant Colonies, tends not only to obstruct their growth, but to weaken their se- curity ; that neither the Parliament of Great Britain, nor any other earthly legislature or tribunal ought or can of right interfere or interpose in any wise, howsoever, in the religious and ecclesiastical concerns of the Colonies." And debates arising on the said motion as now amended, and the question being put thereon, whether the Congress agrees thereto, and will order it to be added to and made a part of their said plan of accommodation, it was carried in the affirmative, in the manner following, to wit : For the affirmative. For the negative. WestChester, 2 Kings, 2 Dissentients-Messrs. Mor- Mr. H. Williams, dissent- ris, Thomas, Ward. ing. Suffolk, 2 Richmond, 2 Tryon, 2 Albany, 3 Charlotte, 2 Cumberland, 2 Dutches 2 — Orange,' 2 9 New-York, 4 Dissentients— Messrs. Ver- planck, Kissam, Low, De Lancey, Lispenard, Wal- ton. Ulster, 2 18 Ordered, Therefore, that the same motion as amended and last read, be added to and made a part of the said plan of accommodation ; and that it be inserted therein, imme- diately following that part of the said plan of accommoda- tion which was reported by the committee, and preceding the resolution last before made and entered into. Mr. McDougall then made a motion, (which was se- conded by Mr. Brasher,) in the words following, to wit : As I conceive it would be presumptuous in this Con- gress to offer our sentiments, either directly or indirectly, to the Continental Congress on a plan of accommodation with Great Britain until the same be called for by that honorable body ; I move that our committee's report on that subject be not transmitted to our Delegates until a private letter be wrote to them signifying that we have di- gested our sentiments on that subject, and are ready to fur- nish them to those gentlemen when called for by them or by the Continental Congress, or until we have received their answer to such letter. This Congress being about to adjourn, Ordered, That the said motion be postponed for farther consideration. Colo. Hoffman obtained leave of absence. The Congress then adjourned till nine o'clock to-mor- row morning. DIE SOLIS, 9 ho. a. m. June £5t\i, 1V15. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Inglis. Present — Peter Van Brugh Livingston, Esqr. Presidt. List of the members was not called. A letter from General Schuyler, dated at New-Bruns- wick, June 24th, 1775, informing this Congress that Gene- ral Washington, with his retinue, would be at New-Ark this morning, and requesting this Congress to send some of its members to meet him there, and advise the most pro- per place for him to cross Hudson's river in his way to New-York. Ordered, That Messrs. Thos. Smith, Hobart, Morris and Montgomerie, go immediately to Newark, and recom- mend to Genl. Washington the place which they shall think most prudent for him to cross at. And information being received that Governor Tryon is at the Hook, and will land at about one o'clock, Colo. Lasher was called in and requested to send one company of the militia to Powle's Hook to meet the Generals. That he have another company at this side [of] the ferry for the same purpose ; that he have the residue of his bat- talion ready to receive either the Generals or Governor Tryon, which ever shall first arrive, and to wait on both as well as circumstances will allow. A letter from Joseph Warren, President of the Provin- cial Congress at Water Town, was read, and is in the words following : " In Provincial Congress, ) " Water Town June 13th, 1775. $ " To the Honoble Delegates of the Congress of the Province of New- York. (CIRCULAR.) " Gentlemen : Considering the exposed state of the Frontiers of some of the Colonies, the danger that the inha- bitants of Canada may possibly have disagreeable appre- hensions from the military preparations making in some of the other Colonies, and the rumours that there are some appearances of their getting themselves in readiness to act in a hostile way, this Congress have made application to the Honble. Continental Congress desiring them to take such measures as to them shall appear proper, to quiet and conciliate the minds of the Canadians, and to pre- vent such alarming apprehensions. We also have had the disagreeable accounts of methods taken to fill the minds of the Indian Tribes adjacent to those Colonies with sen- timents very injurious to us. Particularly we have been informed that Colo. Guy Johnson has taken great pains with the Six Nations, in order to bring them into a belief that it is designed by the Colonies to fall upon them and cut them off. We have therefore desired the Honble. Con- tinental Congress that they would with all convenient speed use their influence in guarding against the evil intended by this malevolent misrepresentation, and we desire you to join with us in such application. "JOS. WARREN, President. " Att. " Saml. Freeman, Secretary." A letter from the committee at Albany was read, and is in the words following, to wit : " Many, llth June, 1775. " Gent. — You have enclosed, by order of the committee, a request of Adonijah Strong, (Deputy Commissary,) to the committee of this city and county. " I am genl. your humble servt, " JOHN BAY, Secry. P. T." The request of Adonijah Strong mentioned and enclosed in Mr. Bay's letter, being read, Ordered, That the same be put on the file. A letter from the committee at Albany was read, and is in the words following, to wit : " Albany Committee Chamber, ) " June 2\st, 1775. $ " Gentlemen — Mr. Dirck Swart, a member of this board, who is just returned from Crown Point, brings us the following intelligence : That one Mr. Hay, who lives about forty miles up Lake Champlain, came down to Crown Point, who told Colo. Benedict Arnold, and others, that he had been at Montreal for some flour ; that Governor Carleton had him seized and confined for several days ; that by the interposition of the English merchants of that place, he received liberty to return home, and that the mer- chants who procured him the pass from the Lieutenant- Governor, desired him to go down to Crown Point and Ticonderoga with all speed, and communicate to the com- mander of those fortresses that the French Cachnawaga Indians had taken up the hatchet, but that they refused to go out upon any scouts, until nine of their men who were then out returned, and that Governor Carleton was giving them presents daily. " We are very sorry to inform you that from a number of corroborating circumstances, we have but too much rea- son to believe the above information to be true, and more especially as the troops, which amount to about six hun- JOURNAL OF THE PROVINCIAL CONGRESS. 55 dred men, suffer no persons coming up the lake to pass St. John's, if they can avoid it, where they are building floating batteries and boats. Mr. Swart also acquaints us that Mr. Hay said that Governor Carleton had asked the En- glish merchants to take up arms against the Yankees, (to make use of his own phraseology,) that the merchants re- fused, upon which he told them he would set the town on fire, which the merchants said he was welcome to do ; and added they could carry as much fire as himself. Mr. Hay also desired Mr. Swart, if he should happen to meet Mr. Price, he should request him not to proceed, as the English merchants in Canada conceive it unsafe for him. " The forces above are in no proper state of defence, principally owing to the scarcity of powder, of which article we have not been able to send up more with the supply we have received from you, than three hundred and fifty pounds, which quantity is altogether insufficient to answer the pur- poses intended, and of little service in case of an attack. We can further inform you, this city is not half supplied, nor have the frontier inhabitants either powder or arms, for which applications have been and daily are making to us. We must therefore beg you will afford us all the assistance in your power, and send us per the first opportunity, such an additional quantity as you can conveniently spare. " We must also beg of you to send us seventy-eight blankets, for so many of the men enlisted in this county, who are now at Fort George, without any. As also some money to pay the companies, as they are very uneasy and threaten to desert ; two of their officers are now in town, and declare that they dare not return without some cash to satisfy their men. " We thought it our indispensable duty to inform you of these matters ; therefore, send them you per express. " We are, gent. " Your very humble servts. " By order of the Committee. "SAML. STRINGER, Chairman. " To the gentlemen of the Provincial Congress of the Colony of New- York." Ordered, That Mr. Peter T. Curtenius purchase seventy- eight blankets and forward the same to the committee at Albany, with all possible despatch. And, Ordered, That Mr. Abraham Yates write a private let- ter to the committee, in answer to their letter. The Congress then adjourned till nine o'clock to-morrow morning. DIE LUNiE, 9 ho. a. m. June IT15. The Congress met pursuant to adjournment. Opened with prayers by the Reverend Doctor Laidley. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexander McDougall, Leonard Lispenard, Joseph Hal- lett, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beekman, Samuel Verplanck, Richard Yates, David Clarkson, Thomas Smith, John Morin Scott, John Van Cortlandt, Ja- cobus Van Zandt — For the city and county of New-York. Abraham Yates, Peter Silvester, Robert Van Renselaer, Heary Glen — For the city and county of Albany. Zephaniah Piatt, Richard Montgomery, Gilbert Livingston, Jonathan Landon, Melancton Smith, Nathaniel Sackett — ForDutches county. James Clinton, Christopher Tappen, John Nicholson — For Ulster county. John Coe, Benjamin Tusteen — For Orange county. Nathaniel Woodhull, John Sloss Hobart, John Foster, Thomas Wickham, Selah Strong — For Suffolk county. Governeur Morris, Stephen Ward, Philip V. Cortlandt, James Holmes, David Dayton, John Thomas, Junr. and William Paulding — For West Chester county. Henry Williams, Jeremiah Remsen, Theodorns Polhemus, Nicholas Covenhoven, John Vander Bilt — For Kings county. John Journey, Richard Conner — For Richmond county. Jacob Blackwell, Joseph Robinson — For Queens county. John Williams — For Charlotte county. Christopher P. Yates, John Marlett — For Tryon county. Paul Spooner, William Williams — For Cumberland county. The Committee appointed to contract with Robert Boyd and Henry Watkeys, reported the drafts of contracts with the said Robert Boyd and Henry Watkeys, which were read and approved of by the Congress: whereupon it is re- solved and ordered, that Leonard Lispenard, Richard Mont- gomerie, James Clinton and Thomas Smith, Esqrs. execute the same on behalf of this Congress, and that this Congress will provide the money necessary to discharge the said contracts. Ordered, That Mr. McDougal apply to Mr. Gabriel W. Ludlow for fifty pounds of the money raised by the com- mittee of the city of New-York, and that he deliver the said fifty pounds to the committee appointed to agree with Henry Watkeys for his use, in pursuance of the said agree- ment. Mr. McDougal then informed the Congress that he had received of Gabriel W. Ludlow, the said fifty pounds, and by order of the Congress, delivered one hundred pounds to the said committee, to be given to Robert Boyd, agreeable to an order of the 13th instant, and delivered to the said committee the said £50, for the use of Henry Watkeys. Ordered, That the letter from Joseph Warren, Esqr. President of the Provincial Congress at Watertown, of the 13th instant, also the letter from the committee at Albany, of the 21st instant, be referred to the committee of this Congress, appointed for Indian affairs, on the 21st instant. A draft of an address to his Excellency General Wash- ington, was read and approved of, and is in the words fol- lowing, to wit: " To his Excellency George Washington, Generalissimo of all the forces raised, and to be raised in the confederated Colonies of Ame- rica : " The address of the Provincial Congress of the Colony of New- York. " May it please your Excellency — " At a time when the most loyal of his Ma- jesty's sujects, from a regard to the laws and constitution by which he sits on the throne, feel themselves reduced to the unhappy necessity of taking up arms to defend their dearest rights and privileges, while we deplore the calami- ties of this divided empire, we rejoice in the appointment of a gentleman, from whose abilities and virtue we are taught to expect both security and peace. Confiding in you, sir, and in the worthy generals immediately under your command, we have the most flattering hopes of success in the glorious struggle for American liberty; and the ful- lest assurances that whenever this important contest shall be decided, by (that fondest wish of each American soul,) an accommodation with our mother country, you will cheer- fully resign the important deposite committed into your hands, and reassume the character of our worthiest citizen. " June 26th, 1775." Ordered, That Mr. Morris and Mr. Low be a commit- tee to wait on General Washington, and know when he will be waited on by this Congress, with their address. Messrs. Morris and Low returned, and informed the Congress that General Washington would be ready to re- ceive this Congress, with their address, at half an hour past two this afternoon. Ordered, That a copy of the address be engrossed to deliver. The Congress resumed the consideration of the reports of the committee of arrangement, and proceeded to the examination of the three first columns of the arrangement of officers, and approved of many gentlemen for officers, whose names are marked on the margins of the columns. The Congress being informed by sundry members, that they have viewed the ground about five miles from this city, where it was first intended that General Wooster's troops should encamp, and find that the ground is damp, and unfit for the purpose. Colo. Lispenard, Mr. McDou- gal and Mr. Beekman informed the Congress that they have viewed an orchard, part of the estate late of Elbert Herring, deceased, which they conceive to be a proper 56 JOURNAL OF THE PROVINCIAL CONGRESS. place for an encampment, and that the owner is willing that General Wooster's troops may encamp there. Ordered, That Mr. Beekman wait on General Wooster, or any other officer that he may appoint for that purpose, to show him the ground in the orchard above mentioned. The Congress then adjourned to five o'clock, and went to wait on Genl. Washington, with their address. 5 ho. P. M. June 26, 1775. The Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low. Alexander McDougal, Leonard Lispenard, Abraham Walton, Isaac Roosevelt, Samuel Verplanck, David Clarkson, Thomas Smith, John Morin Scott, John Van Cortlandt; Jacobus Van Zandt — For the city and county of New-York. Abraham Yates, Peter Silvester, Robert Van Renselaer, Henry Glenn — For the city and county of Albany. Zephaniah Piatt, Gilbert Livingston, Jonathan Landon, Melancton Smith, Nathaniel Sackett — For Dutches county. James Clinton, Christopher Tappen, John Nicholson — For Ulster county. John Coe. Benjamin Tusteen — For Orange county. Nathaniel Woodhull, John Sloss Hobart, John Foster. Thomas Wickham Selah Strong — For Suffolk county. Lewis Graham. Stephen Ward, David Dayton. John Thomas. Junr. William Paulding — For West Chester counnty. Henry Williams, Jeremiah Remsen, John Vander Bilt — For Kings county. John Journey, Aaron Cortelyou, Richard Conner — For Richmond county. Jacob Blackwell, Jonathan Lawrence, Nathaniel Tom — For Queens county. Christopher P. Yates For Tryon county. Paul Spooner. William Williams — For Cumberland county. The President informed the Congress, that to prevent mistakes he had obtained a copy of the answer of General Washington to the address of this Congress. The same was read and filed, and is in the words following, to wit : " Gentlemen — At the same time that with you I de- plore the unhappv necessity of such an appointment as that with which I am now honoured, I cannot but feel senti- ments of the highest gratitude for this affecting instance of distinction and regard. " Mav vour warmest wishes be realized in the success of America at this important and interesting period ; and be assured, that every exertion of my worthy colleagues and myself, will be equally extended to the re-establish- ment of peace and harmony between the mother country and these Colonies, as to the fatal but necessary opera- tions of war. " When we assumed the soldier, we did not lay aside the citizen, and we shall most sincerely rejoice with you in that happv hour when the establishment of American Liberty on the most firm and solid foundations, shall enable us to return to our private stations in the bosom of a free, peaceful and happy country. ' " GEO. WASHINGTON. ■ June 26«, 1775." Ordered, That the address and answer be published. The Congress then re-assumed the consideration of the report of the committee of arrangement, and proceeded to the consideration of the fourth column, and approved of such gentlemen as are marked on the report for that pur- pose. Mr. McDougal had leave to withdraw. Ordered, That Mr. Roosevelt and Mr. Walton call on the gentlemen of the city of New- York, who are named by the committee to be captains of companies, to know whe- ther they will consent and agree to accept of that service, and that the said committee report with all convenient speed. Ordered, That the Deputies from Albany county write to the committee of Albany, and request them to have the arms belonging to the Colony, cleaned and put in good re- pair, at the expense of the Colony, with all convenient despatch. The Congress adjourned till to-morrow morning, 9 o'clock. DIE MARTIS, 9 ho. a. m. July ^th, 1V15. The Congress met pursuant to adjournment. Opened with prayer by the Revd. Doctor Livingston. Present — Peter V. B. Livingston, Esqr. President. Isaac Low, Alexr. McDougall, Leonard Lispenard, Abraham Walton, Abraham Brasher, Isaac Roosevelt,John De Lancey, Samuel Verplanck, Richard Yates, David Clarkson, Thomas Smith, Benjamin Kissam, John Morin Scott, John Van Cortlandt, John Marston — City and county of Neu>York. Abraham Yates, Peter Silvester, Walter Livingston, Robert Van Renselaer, Henry Glen — Albany. Zephaniah Plait, Richard Montgomerie, Gilbert Livingston, Jona- than Landon, Melancton Smith, Nathaniel Sacket — Dutchess. Johans. Hardenbergh, James Clinton, John Nicholson — Ulster. John Coe, Benjamin Tusten — Orange. Nathaniel Woodhull, John Sloss Hobart, John Foster, Thomas Wick- ham, Selah Strong — Suffolk. Governeur Morris, Lewis Graham, Stephen Ward, Philip V. Cort- landt, William Paulding, James Holmes, David Dayton, John Thomas, Junr. Robert Graham — Westchester. Henry Williams, Jeremiah Remsen. Theodorus Polhemus — Kings. John Journey, Aaron Cortelyou, Richard Conner — Richmond. Jacob Blackwell, Jonathan Lawrence, Joseph Robinson, Nathaniel Tom — Queens. Charlotte — [all absent.] Christopher P. Yates, John Marlett — Tryon. Paul Spooner, William Williams — Cumberland. Ordered, That Messrs. Montgomerie and McDougal be a committee, and that they take to their assistance Messrs. Anthony Rutgers and Samuel Tudor, for superintending and employing some person in trying the experiment of casting one brass field piece. A letter from the committee of intelligence for Charles- ton, So. Carolina, enclosing a copy of an intercepted letter from General Gage, dated at Boston, April 12th, 1775, directed to Governor Martin of No. Carolina; also a printed copy of the association entered into by the Provincial Con- gress of So. Carolina were read, filed, and are in the words following, to wit : " Charles Town, So. Carolina, > " June 6th, 1775. $ " Gentlemen — " We are to thank you for your intelli- gence of the 5th ultimo, and do most heartily congratulate you upon that proper spirit which now appears in your Co- lony. The apprehension of a defection in you, which we are happy to find was unjustly formed, occasioned in us, and must undoubtedly have given to all America inex- pressible anxiety, and at the same time have encouraged [the] ministry to proceed in their measures. As a proof of the confidence which our enemies placed in you ; and as a mean to prevent their diabolical purpose, we are ordered by Provincial Congress now sitting, to transmit to you an authentic copy of an original letter from Genl. Gage to Govr. Martin, which has just fallen into our hands. We have also received intelligence, that the latter, by his agents, has been secretly enlisting a number of those men in the back parts of his Province, formerly called Regula- tors, whose vengance against the lower inhabitants may induce them to oppose in return for past injuries. We are not apprehensive that he will succeed to any great degree, but depend upon your vigilance to prevent his getting arms and ammunition for them through your Province, as in- tended. We also enclose a copy of the association entered into on the 4th instant, by the fullest representation of this Colony ever known, which has been signed by every mem- ber. We would hint to you the necessity of sending your letters by some particular person, and not trusting them to the fate of common letters in a ship's bag. We also beg leave to recommend to you secrecy in relation to the above JOURNAL OF THE PROVINCIAL CONGRESS. 57 letter, as we would not wish to put them upon their guard in future. " We have the honor to be, gentlemen, " Your very humble servts. " WM. HY. DRAYTOX, " ARTHUR MIDDLETON, « WILLIAM TENNENT, " JOHN LEWIS GERVAIS, " CHARLES COTESWORTH PINCKNEY, " Committee of Intelligence. " To the Graad Committee of New- York. To the care of Peter V. B. Livingston, Esqr." The following is the copy of Genl. Gage's letter : ( COPY. ) " Boston, 12th April, 1775. "Sir — Your letter of the 16th March, I have had the pleasure to receive, and am glad to hear many of the peo- ple in your Province are beginning to find they have been misled, and that they seem inclined to disengage themselves from the arbitrary power of the Continental Congress, and of their committees ; I wish I could say much for the people of this Province, who are more cool than they were, but their leaders by their acts and artifices still keep up that seditious and licentious spirit that has led them on all oc- casions to oppose government, and even to acts of rebel- lion. The late accounts from England has embarrassed their councils much ; they have applied to the New-En- land Governments, and doubtless will to those of the south- ward to assist them ; but I hope the madness of the latter is wearing off, and that they will get no encouragement from thence. " This Province has some time been and now is in the new fangled Legislature termed a Provincial Congress, who seem to have taken the Government into their hands. What they intend to do I cannot pretend to say, but they are much puzzled how to act. Fear in some, and want of inclination in others will be a great bar to their coming to extremities, though their leaders use every measure to bring them into the field. " I am very sorry that it is not in my power to supply you with the number of arms you request, I have them not to spare in the present conjuncture of the service here, I may assist you with some powder but can get no safe op- portunity from this to send it to you. I shall order you a supply by way of New-York. And whatever may be in my power to assist you, to keep up the present good dis- position of the loyal part of your Province, I shall be happy to do, and am sorry I cannot at present do more. " I have the honor to be, with great esteem, sir, " Your most obedient, " And most humble servant, "THOS. GAGE. " His Excellency, Governor Martin." The above copy of the letter from General Gage being recommended by the committee of Charleston, South Car- olina, as necessary to be kept secret ; the President recom- mended to the members of this Congress, that the subject matter of the said copy of the said letter be kept a pro- found secret. Ordered, That copies of the letter from the Charles Town committee, and the letter from Genl. Gage to Go- vernor Martin, be transmitted to the Continental Congress. A draft of a warrant to such gentlemen as are intended to be officers of the troops to be raised in this Colony was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " At New-York, June, 1775. J « To Gentlemen, Greeting: " Know you that the grand Continental Congress of the associated Colonies have resolved and ordered that a cer- tain number of troops should be embodied in this Colony, to give protection to the inhabitants, and to be employed as part of the American Continental army. We, therefore, reposing special confidence in your prudence, courage and affection to the liberties of this country, do request and au- thorize you to enlist, and raise a company of seventy-two able bodied sober men of good reputation, (including three 15 sergeants, three corporals, one drummer and one fifer,) to serve as part of the said troops, and that from time to time you report, your progress in the premises, to this Con- gress, for which this shall be your warrant ; and we here- by give you assurance that you will be appointed a in the said troops, when raised and embodied, if the num- ber of men enlisted by you, (and intended to be the other officers of one company) and received into the said troops by such proper officer or muster-master, as shall be appointed for that purpose, shall amount to the number above mentioned. " A draft of instructions to the several officers to be employed in raising troops, was read and approved of, and is in the words following, to wit : " Instructions for the enlisting of men. " First. You are not to enlist any man who is not able bodied, healthy and a good marcher; but as men of good appearance may have ruptures and venerial complaints which render them incapable of soldier's duty ; you must give attention that you be not imposed upon, and take the opinion of a surgeon where there is room for suspicion. " Second. You will have great regard to moral charac- ter, sobriety in particular ; let our manners distinguish us from our enemies, as much as the cause we are engaged in, " Third, Those who engage in defence of their country's liberties shall be enlisted till the last day of December of the present year, unless sooner discharged by the Conti- nental Congress. "Fourth. You shall appoint such men sergeants and corporals as recommend themselves by their ability, acti- vity and diligence. " Fifth. You will use all diligence in completing your company, and report to the President of the Provincial Congress, to the end that you may receive orders to join your regiment. " Sixth. During the time you are filling up your com- pany, you will engage at the cheapest rate for the provi- sions of such men as are already enlisted, (if there be no public magazines of provisions from whence you may be supplied,) not exceeding eight shillings per week. " Seventh. You will lose no time in disciplining your men, so far as your situation will admit. " Eighth. You will take notice that proper persons will be appointed to inspect your men, and reject such as do not answer to your instructions. " Ninth. You will furnish the subalterns appointed to your company with a copy of those instructions, who are hereby ordered to put themselves under your command. " Tenth. You will observe that the troops raised by this Colony will be placed precisely upon the same footing, as to pay, clothing, &c. with the other Continental troops now raised, or hereafter to be raised, for the general de- fence. " Eleventh. No apprentice or servant to be enlisted, without the consent of the master." Ordered, That five hundred copies of the said warrants, and as many copies of the said instructions, be printed. Colo. Holmes has leave of absence. Ordered, That all the muskets and bayonets, belonging to this Colony, which are in the different counties in this Colony, (except Albany,) be sent to the committee of the city of New-York, with all convenient speed, and in such manner as that they may come with the greatest safety. And the committees of the respective counties, where any such muskets and bayonets now are, are hereby requested and desired to take all such arms into their care, and to see that this order be complied with immediately. The Congress then adjourned to four o'clock, P. M. 4 ho. p. m. Die Martis, June 21th, 1775. The Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexander McDougall, Abraham Brasher, John De Lan- cey, Samuel Verplanck, Richard Yates, Thomas Smith, Benjamin Kis- 58 JOURNAL OF THE PROVINCIAL CONGRESS. sam,John Morin Scott, John Van Cortlandt, Jacobus Van Zandt.Jphn Marston — For the. city and county of NcwYork. Abraham Yates, Peter Silvester, Walter Livingston, Robert Van Rensclaer, Henry Glenn — For the city and county of Mbany. Zephaniah Piatt, Richard Montgomery, Gilbert Livingston, Jonathan Landon, Melancton Smith, Nathaniel Sackett — For Dutches county. Johannes Hardenbergh, James Clinton, John Nicholson — For Ulster county. John Coe, Benjamin Tusteen — For Orange county. Nathaniel Woodhull, John Sloss Hobart, John Foster, Thomas Wick- ham, Selah Strong — For Suffolk county. Governeur Morris, Lewis Graham, Stephen Ward, James Holmes, John Thomas, Junr. Robert Graham, William Paulding — For West- chester county. Henry Williams, Jeremiah Remsen, Theodorus Polhemus — For Kings county. John Journey, Aaron Cortelyou, Richard Conner — For Richmond county. Jacob Blackwell, Jonathan Lawrence, Joseph Robinson, Nathaniel Tom, Richard Thome— For Queens county. Charlotte county — [All absent.] Cristopher P. Yates, John Marlett — Tryon county. Paul Spooner, William Williams — Cumberland county. The Congress resumed the consideration of the report of the committee on the subject matter of a plan of ac- commodation with Great Britain. The same was read, and after some time spent therein, Mr. Scott moved, and was seconded by Mr. Verplanck, that the following words be added to the 2d parapraph, at the end thereof, to wit : " For the general benefit of the whole, and not for the se- parate interest of any particular part." The same was unanimously approved of and agreed to. Resolved and ordered, therefore, That this addition be made to the said second paragraph. Mr. Scott then moved, and was seconded by Colo. Har- denburgh, in the words following, to wit : I move that the following article be added to the report of the committee upon the plan of accommodation with the mother country, vizt : " That the Colonies, respectively, are entitled to a free and exclusive power of legislation within themselves respec- tively, in all cases of internal polity whatsoever, subject only to the negative of their Sovereign in such manner as has been heretofore accustomed." And the same was unanimously resolved and agreed to, and ordered to be added to and made a part of the said plan of accommodation, and that it be inserted therein previous to the resolution of this Congress on that subject, entered into on the 24th instant, that no one article thereof shall be considered as preliminary to another." The report of the committee, as amended, with the re- solutions subjoined thereto, are as follows : " Your committee, appointed to prepare a plan of accom- modation between Great Britain and America, do report, " That all the statutes and parts of statutes of the Bri- tish Parliament, which are held up for repeal by the late Continental Congress in their Association, dated the 20th day of October, 1774, and all the statutes of the British Parliament, passed since that day, restraining the trade and fishery of Colonies on this Continent, ought to be re- pealed. " That from the necessity of the case, Britain ought to regulate the trade of the whole Empire for the general be- nefit of the whole, and not for the separate interest of any particular part, and that from the natural right of property the powers of taxation ought to be confined to the Colony Legislatures respectively. " Therefore, That the moneys raised as duties upon the regulations of trade, ought to be paid into the respective Colony treasuries, and be subject to the disposal of their Deputies. " That in those Colonies, whose representatives in Gene- ral Assembly are now chosen for a greater term than three years, such Assemblies, for the future, ought in their du- ration not to exceed that term. " That the Colonists are ready and willing to support the civil government within their respective Colonies, and on proper requisitions, to assist in the general defence of the Empire, in as ample manner as their respective abili- ties will admit. " That if objections be made that a resort to a variety of Colony Legislatures for general aids, is inconvenient, and that large unappropriated grants to the Crown from America would endanger the liberty of the Empire, then the Colonies are ready and willing to assent to a Continental Congress, deputed from the several Colonies, to meet with a President appointed by the Crown, for the purpose of raising and apportioning their general aids, upon applica- tion made by the Crown according to the advice of the British Parliament, to be judged of by the said Congress. " And as the free enjoyment of the rights of conscience is, of all others, the most valuable branch of human liberty, and the indulgence and establishment of Popery all along the interior confines of the old Protestant Colonies, tends not only to obstruct their growth but weaken their security, that neither the Parliament of Great Britain, or any other earthly legislature or tribunal, ought or can interfere or in- terpose in any wise howsoever, in the religious and eccle- siastical concerns of the Colonies. " That the Colonies respectively are entitled to a free and exclusive power of legislation within themselves, re- spectively, in all cases of internal polity whatsoever, sub- ject only to the negative of their Sovereign, in such man- ner as has been heretofore accustomed. " Resolved, That no one article of the aforegoing report be considered preliminary to another, so as to preclude an accommodation without such article, and that no part of the said report be deemed binding or obligatory upon the Representatives of this Colony in Continental Congress." Mr. McDougall, with the unanimous leave of the Con- gress, withdrew his motion of the 24th instant, for retain- ing the copy of the plan of accommodation until the Dele- gates from New-York can be written to and their answer received. Ordered, That the consideration of the state of Queens county be deferred till to-morrow morning. The Congress adjourned till to-morrow morning. DIE MERCURII, 9 ho. a. m. J\me mVi, The Congress met pursuant to adjournment. Opened with prayer by ihe Revd. Mr. Treat. Ppesent — Peter Van Brugh Livingston, Esqr. Presidt. Isaac Low, Alexr. McDougal, Leonard Lispenard, Joseph Hallet, Abraham Walton, Abraham Brasher, Isaac Roosevelt, James Beek- man, Samuel Verplanck, Richard Yates, Thomas Smith, Benjamin Kis- sam, John Van Cortlandt, Jacobus Van Zandt — City and county of New-York. Abraham Yates, Peter Silvester, Walter Livingston, Robert Van Renselaer, Henry Glen — Jllbany. Zephaniah Piatt, Richard Montgomerie, Gilbert Livingston, Jona- than Landon, Melancton Smith, Nathaniel Sacket — Dutchess. Johans. Hardenbergh, James Clinton, John Nicholson— Ulster. John Coe, Michael Jackson, Benjamin Tusteen — Orange. Nathaniel Woodhull, John Sloss Hobart, Thomas Wickham, Selah Strong— Suffolk. Governeur Morris, Lewis Graham, Joseph Drake, David Dayton, John Thomas, Junr. Robert Graham, William Paulding — Westchester. Henry Williams, Theodorus Polhemus — Kings. John Journey, Aaron Cortelyou, Richard Conner — Richmond. Jonathan Lawrence, Samuel Townsend, Joseph Robinson, Nathaniel Tom, Thomas Hicks, Richard Thorne — Queens. Charlotte — [All absent.] Christopher P. Yates, John Marlett — Tryon. Paul Spooner, William Williams — Cumberland. The order for taking in consideration the state of Queens county being read, the Congress took into consideration the state of Queens county, and it appearing that a great num- ber of inhabitants of the said county are not disposed to a representation at this board, and have dissented therefrom, Resolved, That inasmuch as the people of this Colony JOURNAL OF THE PROVINCIAL CONGRESS. 59 have appointed us to watch over their preservation and de- fence, and delegated unto us the powers necessary for that purpose, such dissent ought not to be of any avail, con- sidered as an objection to the exercise of those powers, but that the said county, as well as every other part of this Colony, must necessarily be bound by the determination of this Congress ; and, therefore, inasmuch as the mem- bers chosen for the said county were elected by a conside- rable part of the inhabitants of the same, and the dissent of others is not to the persons chosen, but to the choice of any persons : Ordered, That the members do take and hold their seats at this board notwithstanding such dissent. Ordered, That the members of Queens county who have not attended this Congress, be served with a copy of the above resolution and order. Mr. Beekman reported, that in pursuance of the order of this House on Monday last, he had shewn the ground therein mentioned to the proper officer of the Connecticut troops, appointed for that purpose, that the ground is ap- proved of", that fifteen hundred of the said troops are ar- rived, and that he has procured covering for them in barns and other out-houses near the ground. A letter from Peter T. Curtenius was read and filed. Ordered, That the affidavit of Angus McDonald be pu- blished in the newspapers. The order of the day being read, for taking into conside- ration Mr. Morris's motion of last Friday, to restrain the killing of sheep, Ordered, That the same be postponed till to-morrow morning. And, Resolved, That the Congress will then reconsider the resolution made on Friday last, to restrain the killing of lambs. Mr. Morris has leave of absence for two days. Mr. Roosevelt reported, that Mr. Walton and himself, by order of this Congress, had called on the gentlemen in this city, mentioned in the report of the committee of ar- rangement for officers in the troops to be raised ; that se- veral of them had consented to accept of the service ; that Messrs. Helme and Stockholm had declined the service ; that several others had desired some time to consider of the proposal, and that some of the gentlemen named for lieutenants were very anxious that their particular situa- tions, as to the captains they were to serve under, might be changed. And the Congress being informed that John Quackenboss is a proper person, and very anxious to be in the service, Ordered, That the name of John Quackenboss be in- serted in the room and stead of Andrew Stockholm. And, Ordered, That Colo. Lispenard, with Messrs. Roose- velt and Walton, be a committee to consider the present ar- rangement of the lieutenants, and to make such arrange- ment or alterations in the stations of lieutenants as they may think will give the most satisfaction to the officers, and that they report to this Congress what they shall have done in the premises. The Congress then resumed the consideration of the committee's report for estimating the articles necessary to complete :},000 effective men; and after some time spent therein, Ordered, That Peter T. Curtenius as Commissary of this Congress be desired to purchase, on the public credit, the following quantities of coarse broadcloths, vizt : coarse blue broadcloth sufficient to make 712 short coats, and crimson cloth sufficient for cuffs and facings for the said coats, and that if blue cloth can not be had, that in such case he purchase blue coating for that purpose ; light brown coarse broadcloth sufficient to make 712 short coats with blue cloth sufficient for cuffs and facings ; gray coarse broadcloth sufficient to make 712 short coats, with green cloth sufficient for cuffs and facings ; dark brown coarse broadcloth sufficient to make 712 short coats, with scarlet cloth sufficient for cuffs and facings for the same ; and that he be also desired to purchase 1,000 stand of arms, 20,000 oil flints, 8,0001bs. of lead, 40 reams of cartouch paper, 2,852 gun worms, 2,852 screw-drivers, ticking or Russian drilling to make 14 bell tents, 169 pieces of ravens duck as soon as it can be got ; and, also, 520 camp kettles, 2,852 canteens, 2,852 haversacks, 800 small hatchets, 400 falling axes, 80 pick axes, and 400 spades ; and that he be de- sired to get all the ravens duck (which he has on hand) made up into soldiers' tents. A draft of a letter to the Delegates of this Colony at the Continental Congress to accompany the resolves of this Congress on the subject of a plan of accommodation with Great Britain, was read and approved of, and is in the words following : " In Provincial Congress, > " New-York, June 28th, 1775. $ " Gentlemen — Deeply impressed with the importance, the utility and necessity, of an accommodation with our parent state, and conscious that the best service we can render to the present and all future generations, must con- sist in promoting it, we have laboured without intermission to point out such moderate terms, as may tend to reconcile the unhappy differences which threaten the whole Empire with destruction. " We now take the liberty of enclosing to you the result of our deliberations ; and although we have not the pre- sumption to suppose that our weak ideas on this momen- tous subject will be entirely approved of by you, much less by that august body of which you are members, yet we take leave to observe that the breach hath been much wi- dened since our first dispute on the subject of taxation, and that as this was the source of all our grievances, so we have the hope that the temptation being taken away, our civil and religious and political rights will be easily ad- justed and confirmed. " You will observe, gentlemen, that by resolution of the House, subjoined to the report of our committee, we con- sider the whole as entirely subjected to your better judg- ment, and each article as far independent of every other as you may think most proper or convenient. We must now repeat to you, the common and just observation, that con- tests for liberty, fostered in their infancy by the virtuous and wise, become sources of power to wicked and design- ing men ; from whence it follows that such controversies as we are now engaged in, frequently end in the demolition of those rights and privileges which they were instituted to defend. We pray you, therefore, to use every effort for the compromising of this unnatural quarrel, between the parent and child ; and if such terms as you may think best shall not be complied with, earnestly to labour that at least some terms may be held up, whereby a treaty shall be set on foot to restore peace and harmony to our country, and spare the further effusion of human blood. So that if, even at the last, our well meant endeavours shall fail of effect, we may stand fair and stand unreproachable, by our own consciences, in the last solemn appeal to the God of battles. " We are, gent. " Your most obedt. humble servts. " To the Delegates for the Colony of New- York in Continental Congress." Ordered, That two copies of the above letter be en- grossed and signed by the President ; that one copy there- of, together with a copy of the report of the committee of accommodation, be sent to-morrow by express to our De- legates at the Continental Congress, and the other copy of the said letter and report be sent by Francis Lewis, Esqr. Ordered, That the Commissary deliver any articles which he shall at any time have purchased, and have in his custody, for the use of the Continental army, to Gene- ral Schuyler on his request, taking his receipt for the same. A letter to John Alsop, Esqr. at Philadelphia, was read and approved of, and is in the words following, to wit : 60 JOURNAL OF THE PROVINCIAL CONGRESS. "In Provincial Conokess l _ | "New-York, June 28th, 1775, , «Sir We are informed that you have engaged the refusal of a number of blankets. We have now to tell vou, that for the three thousand men we are desired to raise we shall want two thousand eight hundred and fifty- two blankets, and that there are not any to be purchased here. We beg, therefore, that you will procure so many, which may be paid for out of the public money with you. " We are, Sir, your most obedt. servt. « To John Axsor, Esqr. at Philadelphia." Ordered, That a copy thereof be engrossed, signed by the President, and sent by the first opportunity. The Congress adjourned to 5 o'clock, P. M. Die Mercurii, 5 ho. P. M. June 28lh, 1775. The Congress met pursuant to adjournment. Present— Peter Van Brugh, Livingston, Esqr. Presidt. A letter from Elisha Phelps, commissary for the Connec- ticut troops, at Ticonderoga, &c. bearing date at Albany, 22d June, 1775, was read and filed. Ordered, That Mr. Peter T. Curtenius be desired to pur- chase 50 firkins of butter and 10 hogsheads of molasses, and forward the same to Elisha Phelps, commissary at Albany, by [the] first conveyance. The warrants for the purpose of raising troops in this Colony being prepared, Ordered, That the President sign the same on behalt of this Congress. The Congress adjourned to to-morrow morning 9 o clock. DIE JOVIS, 9 ho. a. m. June £9t\v, 1T15. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Bowden. . Present— Peter V. B. Livingston, Esqr. President. Isaac Low, Alexr. McDougall, Leonard Lispenard, Abraham Wal- ton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beek- man, John Marston, Samuel Verplanck, Richard Yates, David Clark- eon, Thomas Smith, Benjamin Kissam, John Morin Scott, John Van Cortlandt, Jacobus Van Zandt— City and county of New-York. Abraham Yates, Peter Silvester, Walter Livingston, Robert Van Renselaer, Henry Glen — ilbany. Zephaniah Piatt, Richard Montgomerie, Gilbert Livingston, Jona- than Landon, Melancton Smith, Nathaniel Sacket— Dutchess. Johans. Hardenberg, James Clinton, John Nicholson— Ulster. Michael Jackson, Benjamin Tusteen— Orange. Nathaniel Woodhull, John Sloss Hobart, John Foster, Thomas Wickham, Selah Strong— Suffolk. Governr Morris, Lewis Graham, James V. Cortlandt, Stephen Ward, Joseph Drake, Robert Graham, William Paulding— Westchester. Johans. E. Lott, Henry Williams, Jeremiah Remsen,Theodorus Pol- hemus, John Lefl'ertse, John Van Derbilt— Kings. John Journey, Aaron Cortelyou, Richard Conner— Richmond. Jacob Black well, Jonathan Lawrence, Samuel Townsend, Joseph Robinson, Nathaniel Tom, Thomas Hicks, Richard Thome— Queens. Christopher P. Yates, John Marlett— Tryon. Paul Spooner, William Williams— Cumberland. A letter from General Schuyler was read, and is in the words following, to wit : 65 " New-York, 29th June, 1775. « Si R — As I propose that the troops from Connecticut should encamp this morning, permit me to beg of you to give orders that tents to the number of 250, with the poles, be sent as soon as possible to the ground the troops are to occupy ; they will also be in immediate want of fuel for dressing their victuals, and of straw to lie on. " Pray be so good as to let me know at what hour you think the tents can be at the place destined for the en- campment. " I am, Sir, respectfully, " Your most obedt. humble servt. "PH. SCHUYLER. "To Peter V. Bruoh Livingston, Esqr. Presidt, &c." Mr. Mayor, attending at the door, was called in, and in- formed the Congress, that Mr. Francis Stephens, the King's storekeeper in this city, had applied to His Excel- lency, Govr. Tryon, declaring his apprehensions that the stores in Turtle Bay are not in a state of safety, and his inclination to remove them ; that the Governor had ex- pressed to the Mayor his wish and inclination, that Mr. Stephens might, at his own expense, be permitted to re- move those stores without tumult or opposition, and put them on board of a vessel, and that Mr. Mayor now ap- plies to this Congress for their countenancing that mea- sure. And thereupon, Ordered, That an offer be made to the Mayor, that this Congress will, (if it be agreeable to Government) request Major-General Schuyler to keep a sufficient command at Turtle Bay to guard the King's stores, which are now there ; and that in case the said offer be accepted of, and such guard can be obtained, the said stores be delivered into their care by inventory, and that in such case this Con- gress will be accountable for the redelivery of the said stores when the present unhappy commotions in North America shall be at an end. Ordered, That one of the Secretaries wait upon his worship the Mayor, and serve him with a copy of the foregoing order. In pursuance of the order of the day, the Congress re- sumed the consideration of Mr. Morris's motion for re- straining the killing of sheep, and the order for reconsid- ering the resolution for restraining the killing of lamb, and after some time spent therein, Mr. McDougall moved in the following words : I move that killing of lamb be restrained to the first of August next, instead of the first of November, as de- termined by a resolution of the Congress on the 23d day of June instant. And the said motion being read, Mr. Morris moved that the said motion be amended thus : " That the question be put, whether it is the sense of this House that the killing of sheep and lambs be re- strained to a certain time ?" And the question being put on the said amendment, it was carried against the amendment in manner following : Jlgainst the amendment. For the amendment. Albany, 3 Westchester, 2 Suffolk, 2 Tryon, 2 Dutchess, 2 Orange, 2 New-York, 4 Cumberland 2 Kings, 2 — Ulster, 2 8 Queens, 2 Richmond, 2 19 Ordered, therefore, That the said amendment be re- jected. The question being then put on Mr. McDougall's mo- tion, it was carried in the affirmative in manner following, to wit : For the affirmative. Suffolk, 2 Orange, 2 Queens, 2 Kings, 2 Richmond, 2 New-York, 4 14 For the negative. Tryon, 2 Albany, 3 Cumberland, 2 Ulster, 2 Westchester, 2 Dutchess, 2 13 Resolved, therefore, That no person in this Colony kill any lambs until the first day of August next. And Ordered, That five hundred copies of this resolution be published in handbills, and that it be also published in the newspapers. A draft of a letter to the Continental Congress, to cover a copy of the letter of the sixth of June from the com- mittee of intelligence at Charlcstown, in So. Carolina, and a copy of General Gage's letter to Governor Martin, of the twelfth of April last, was read and approved of, and is in the words following, to wit : JOURNAL OF THE PROVINCIAL CONGRESS. 61 " In Provincial Congress, ) " New-York, June 29th, 1775. $ " Gentlemen — We lately received a letter from the committee of intelligence at Charles Town, in South Ca- rolina, covering a copy of a letter from General Gage to Governor Martin. " From the importance of the contents of those letters, we have thought it our indispensable duty to transmit copies of them to your respectable body. " We are, gentlemen, "Most respectfully, "Your faithful friends and humble servants. " By order. " To the Honorable, the Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and, together with copies of the letters therein mentioned, be sent by the first conveyance. A draft of a letter to Elisha Phelps was read and ap- proved, and is in the words following, to wit : " In Provincial Congress, ) " New-York, June 29th, 1775. $ " Sir — Your letter of the 22d instant was ihis day re- ceived in Congress, and the contents observed. The em- barrassments you and the troops stationed at Lake Cham- plain might have met with in respect to the provisions and stores at Albany, we are persuaded did not arise from any other design than that of fulfilling the orders the commis- saries, appointed by this Provincial Congress, received previous to your appointment as Commissary, in conse- quence of a later order of the Continental Congress. Your difficulties, if they are not already, will now, we trust, be removed ; and that you may have no farther trouble on that head, we have wrote a letter and order to the com- missaries heretofore appointed by this board, to deliver up all the provisions and stores in their custody for that ser- vice to you, and have enclosed to them a copy of the order of the Continental Congress, by which they will perceive they are superseded in that business. "We also received a letter dated the 15th instant, from your deputy, Adonijah Strong, directed to the committee of Albany, couched in terms not so very suitable. How- ever, for answer to the most necessary parts, we remark, that two of the articles mentioned in it as wanting, to wit, rice and rum, were sent up some time ago. A sufficiency of peas, we suppose, can be procured at Albany. You will please, therefore, to buy there as much as is requisite on the public credit of this Colony. Butter and fresh meat we know to be scarce commodities at Albany ; the former we shall endeavour to send you a proper supply of from this city, and the latter article we imagine you do not for the present stand so much in need of, as it appears by Governor Trumbull's letter of the 19th instant, to us, that a drove of fat cattle was forwarded up to you. We shall also send you from hence ten hogsheads of molasses to brew beer with. " We are, sir, " Your very hum. servts. " By order. " To Mr. Elisha Phelps, Commissary of Provisions." Ordered, That a copy thereof be engrossed, signed by the President, and transmitted. A draft of a letter to John N. Bleecker and four other persons, formerly appointed agents at Albany, was read and approved, and is in the words following : "In Provincial Congress, ? " New-York, June 29th, 1775. 5 " Gentlemen — We have received a letter from Mr. Elisha Phelps of the 22d instant, informing us, that in the absence of Mr. Bleecker, he was refused the provisions and stores left in his custody, and designed for the troops at Lake Champlain, &c. " You will perceive by the enclosed copy of an order of the Continental Congress, that the appointment of Com- missary in that department, is left to the disposal of 16 that government, or the General of the forces of Connec- ticut. " And it appears to us by a letter from Governor Trum- bull, dated the 19th instant, that Mr. Phelps is appointed Commissary, and that he doubts not he will conduct with prudence and good satisfaction ; that he has directed him to correspond with Colo. Hinman, to employ persons al- ready engaged, especially George Palmer, Esqr. " You will please, therefore, to deliver up to him, or his order, all the supplies of provisions and stores in your hands and custody for the said forces, and take his receipt for everything you deliver him, and send us an account of all such stores as you have issued to the troops or shall deliver to the said Commissary, and your account of ex- penses to this time. " To the Commissaries at Albany, " Appointed by the Provincial Congress." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. The Congress adjourned to 5 o'clock, P. M. Die Jovis, 5 ho. June 29th, 1775. The Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexander McDougall. Leonard Lispenard, Isaac Roose- velt, James Beekman, Samuel Verplanck, Richard Yates, Thomas Smith, Benjamin Kissam, John Morin Scott, John Van Cortlandt, Ja- cobus Van Zandt — For the city and county of New-York. Abraham Yates, Walter Livingston, Robert Van Renselaer, Francis Nicholls — For the city and county of Albany. Zephaniah Piatt, Gilbert Livingston, Melancton Smith, Nathaniel Sackett — For Dutches county. Johannes Hardenbergh, James Clinton, John Nicholson — For Ulster county. John Coe, Michael Jackson, Benjamin Tusteen — For Orange county. Nathaniel Woodhull, John Sloss Hobart, John Foster, Thomas Wick- ham, Selah Strong — For Suffolk county. Lewis Graham, James Van Cortlandt, Robert Graham, William Paulding— For West Chester county. HeDry Williams, John Vanderbilt — For Kings county. John Journey, Aaron Cortelyou, Richard Conner — For Richmond county. Jacob Blackwell, Jonathan Lawrence, Samuel Townshend, Thomas Hicks, Richard Thorne — For Queens county. Christopher P. Yates — For Tryon county. Paul Spooner, William Williams — For Cumberland county. A memorandum from Abraham Lott, Esquire, of the ar- ticles by him supplied to His Majesty's ship, between the twenty-third day of April and the sixteenth day of May last, was read and filed. Mr. Lott also sent in a memorandum or list of provisions now wanted for His Majesty's ship the King's Fisher, to wit: 2,0001b. of bread, two barrels of beef, two barrels of pork, one barrel of flour, and four barrels of butter. Ordered, That Mr. Lott be at liberty to supply the above quantities of provisions to the said ship King's Fisher. A draft of a letter to the Continental Congress on the subject of saltpetre and sulphur, was read and approved, and is in the words following, to wit : " In Provincial Congress, ) " New-York, June 29th, 1775. $ "Gentlemen — " In compliance with the resolve of the Congress of the tenth of June instant, we have wrote to the proprietors of the powder mills in this Colony, request- ing them immediately to put their mills in a condition to manufacture powder for the use of the Continent. " Upon inquiry, we find there can be purchased in this city, sixteen or twenty tons of sulphur, which we conceive will be more than sufficient, for the saltpetre that may be collected in the different Colonies. If the Congress should be of this opinion, it will be necessary to give directions to the other Colonies not to send to this city any sulphur, but to direct their attention to the article of salt- 62 JOURNAL OF THE PROVINCIAL CONGRESS. petre only. Of this article there is but 2501b. to be pur- chased here at present. We submit this matter to the consideration of the Congress. " And are gentlemen, " Your most obedt. humble servts. " To the Honoble. the Continental Congress." Ordered, That a copy thereof be engrossed, signed by the President, and transmitted. The Congress adjourned to 9 o'clock to-morrow morning. DIE VENERIS, 9 ho. a. m. 3\me S0V\v, 1V15. The Congress met pursuant to adjournment. Opened with prayers, by the Revd. Mr. Moore. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexander McDougall, Leonard Lispenard, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lancey, John Van Cortlandt, John Marston, James Beekman, Samuel Verplanck, Richard Yates, David Clarkson, Thomas Smilh, Benjamin Kissam, John Morin Scott, Jacobus Van Zandt — City and county of New-York. Abraham Yates, Peter Silvester, Walter Livingston, Robert Van Renselaer, Henry Glen, Francis Nicoll — Albany. Zephaniah Piatt, Richard Montgomerie, Gilbert Livingston, Jona- than Landon, Melancton Smith, Nathaniel Sacket — Dutchess. Johans. Hardenbergh, James Clinton, John Nicholson— Ulster. John Coe, Michael Jackson, Benjamin Tusteen — Orange. Nathaniel Woodhull, John Sloss Hobart, John Foster, Thomas Wick- ham, Selah Strong — Suffolk. Govr. Morris, Lewis Graham, James Van Cortlandt, Stephen Ward, Joseph Drake, Robert Graham, William Paulding — Westchester. Johans. E. Lott, Henry Williams, Jeremiah Remsen, Theods. Pol- hemus, John Leffertse, John Van Derbilt — Kings. John Journey, Aaron Cortelyou, Richard Conner — Richmond. Jacob Blackwell, Jonathan Lawrence, Samuel Townsend, Joseph Robinson, Nathaniel Tom, Thomas Hicks, Richard Thorne — Queens. Christopher P. Yates — Tryon. Paul Spooner, William Williams — Cumberland. The President informed the Congress, that Genl. Schuy- ler had been under the necessity to send the messenger, (who was provided yesterday,) to Philadelphia, and there- fore was under the necessity of having another messenger to go to Albany, whom the President was desired to order and to pay, in pursuance of the former order of this Con- gress. Mr. Walter Livingston has leave of absence. Ordered, That Messrs. Verplanck, Van Zandt and Beek- man, be a committee for auditing all accounts that may be brought into this Congress, and that the report of them, or any two of them, on any account of the sum that ought to be paid thereon, shall be a sufficient warrant to the Presi- dent to pay the same. The Congress resumed the consideration of the arrange- ments of the battalions, and thereupon agreed and ordered that the New-York regiment be considered as the first regiment, and have rank accordingly. Albany, Ulster and Tryon counties dissented. The Congress then unanimously approved of Alexander McDougal for colonel, Rudolphus Ritzma for lieutenant- colonel, and John Brogden for adjutant of the first regi- ment. A letter from General Schuyler was read, requesting a small committee of this Congress to meet him as soon as possible. Thereupon Ordered, That Genl. Montgomerie, Mr. Hicks and Mr. Clarkson, be a committee to wait on General Schuyler im- mediately, and bring their report in writing. Agreed and ordered, that Colo. Rooseboom's regiment be the second regiment, and take rank accordingly. The Congress unanimously agreed and approved of Myndert Rooseboom for colonel ; Goosie Van Schaack, lieutenant colonel ; Barent I. Ten Eyck, adjutant, and John W. Wendal, quarter-master, of the second regiment. Ordered, That Mr. Gabriel W. Ludlow pay into the hands of Peter Van Brugh Livingston, Esqr. the balance, of the moneys subscribed on the public faith and by him collected, and that the receipt of the said Peter V. B. Li vingston be a sufficient discharge to Mr. Ludlow for the same. Samuel Cooke, Ebenezer Haviland and John Williams, are respectively approved as surgeons, if they respectively shall be found properly and sufficiently qualified for those stations; and that they be examined by Doctors John Jones and Samuel Bard, who are requested to make such exa- mination. Agreed and ordered, that Colo. Clinton's regiment be the third regiment, and take rank accordingly. The Congress then unanimously approved of Colo. James Clinton for colonel, Edward Flemming for lieutenant-colo- nel, and Cornelius D. Wyncoop for major, of the third regiment. The committee who waited on General Schuyler, re- turned, and their report was read and filed, and is in the words following, to wit : " Major-Genl. Schuyler is directed by the Continental Congress, to repair, as soon as conveniently he can, to the posts of Ticonderoga and Crown Point, to examine into the state thereof, and of the troops now stationed there, and how they are supplied with provisions and necessary stores ; into the state also of the sloop and other navigation on the lakes. Also to obtain the best intelligence he can of the disposition of the Canadians and Indians in Canada; and that he give orders for the necessary preparation of boats and stores for securing the United Colonies the com- mand of those waters adjacent to Crown Point and Ticon- deroga. "In order to carry this service into execution, he will require the stores, of which General Schuyler will furnish the Congress with an estimate as soon as possible ; as it is probable the troops which are now here will be ordered to the northward, and as some of their arms are out of repair, he wishes that armourers may immediately be provided to put those arms which may require it into repair." Ordered, That every gunsmith in the city of New-York be requested to repair, with all possible despatch, any arms of the troops from the Colony of Connecticut, now here, which may be brought to them by the quarter-master of the said troops, or either of them, for that purpose. Agreed and ordered, that Colo. Holmes's regiment be the fourth regiment, and take rank accordingly. The Congress then unanimously approved of James Holmes for colonel, Philip Van Cortlandt for lieutenant- colonel, and Barnabas Tulhill for major, of the said fourth regiment. Mr. President, at his request, has leave of absence till Monday next, and Mr. Lispenard is unanimously chosen President pro tempore. Mr. Thomas Smith has leave of absence, to depart to-morrow evening; and Mr. Walton has leave of absence to depart this evening, and to return early on Monday morning. Mr. Thomas Smith, from the committee appointed to treat with Robert Boyd and Henry Watkeys, reported the draft of an article of agreement in the following words, to wit : " Articles of agreement made and concluded this day of June, 1775, between Henry Watkeys, of the city of New-York, gunsmith, of the one part, and Leonard Lis- penard, Pichard Montgomerie, James Clinton and Tho- mas Smith, Esqrs. by order and on behalf of the Pro- vincial Congress of the Colony of New- York, of the other part. " 1st. The said Henry Watkeys doth hereby agree to and with the said Leonard Lispenard, Richard Montgome- ry, James Clinton and Thomas Smith, that he, the said Henry Watkeys, shall and will use his utmost diligence to finish all the muskets (the barrels, ramrods and bayonets being first provided by the Congress,) in the following manner, to wit: The lock to be made agreeable to the lock now delivered to him, marked " Grice 1760," and the stock and mounting to be finished, and the musket barrel JOURNAL OF THE PROVINCIAL CONGRESS. 63 polished agreeable to the musket now delivered him, mark- ed " N. 1 ' 20," and the said Henry Watkeys agrees to de- liver the said muskets in small parcels as they are finished, and complete the whole work with all possible despatch. " 2dly. The said Leonard Lispenard, Richard Mont- gomerie, James Clinton and Thomas Smith in behalf of the said Congress do agree to pay to the said Henry Wat- keys for every musket which he shall deliver within six months completely finished in manner aforesaid, the sum of two pounds five shillings ; provided the number does not exceed one thousand : and in order to enable the said Henry Watkeys to comply with this contract, it is agreed to advance to him the sum of fifty pounds, which sum is to be accounted for out of money that may be due to him, on the first parcel of muskets that shall be delivered by him. And it it is understood by the parties that the said Henry Watkeys is not to be entitled to the bounty offered by the Congress to encourage the making of muskets in this Colony, upon the muskets to be delivered by virtue of this contract." Ordered, That Colo. Clinton, Colo. McDougal, Mr. Bra- sher, Colo. Woodhull, Colo. Tusteen, Colo. Cortlandt, Colo. Renselaer, Colo. Blackwell, Capt. Piatt, Mr. Christopher Yates, Colo. Cortelyou, Mr. Van Derbilt and Major Wil- liams be a committee to form and determine the rank of the captains and inferior officers in each regiment, and of the captains and inferior officers of the several regiments. The Congress adjourned to 9 o'clock to-morrow morn- ing- DIE SATURN1I, 9 ho. a. m. July 1st, 1Y15. The Congress met pursuant to adjournment. Opened with prayers by Revd. Dr. Auchmutv. Present — Leonard Lispenard, Esqr. President pro tempore. Isaac Low, Alexr. McDougall, Abraham Walton, Abraham Bra- sher, Isaac Roosevelt, John De Lancey, Samuel Verplanck, Richard Yates, Benjamin Kissam, John Morin Scott — City and county of New- York. Abraham Yates, Peter Silvester, Robert Van Renselaer, Francis Nicoll — Albany. Zephaniah Piatt, Richard Montgomerie, Gilbert Livingston, Jona- than Landon, Melancton Smith, Nathaniel Sacket — Dutchess. Johans. Hardenbergh, James Clinton, John Nicholson — Ulster. Michael Jackson, Benjamin Tusteen — Orange. Nathaniel Woodhull, John Sloss Hobart, John Foster, Thomas Wickham— Suffolk. Lewis Graham, James Van Cortland, William Paulding- Westchester. Henry Williams, Jeremiah Remsen, Theodorus Polhemus, John Van Derbilt — Kings. John Journey, Aaron Cortelyou, Richard Conner — Richmond. Jacob Blackwell, Samuel Townsend, Richard Thome — Queens. Christopher P. Yates, John Marlett — Tryon. Paul Spooner, William Williams — Cumberland. A letter from the Honble. John Hancock, Esqr. Presi- dent of the Continental Congress, was read and filed, and is in the words following, to wit : "Philadelphia, 24th June, 1775. " Gentlemen — By order of the Congress, I enclose you certain resolves passed yesterday, respecting those who were concerned in taking and garrisoning Crown Point and Ticonderoga. As the Congress are of opinion that the employing the Green Mountain Boys in the American army would be advantageous to the common cause, as well on account of their situation as of their disposition and alertness, they are desirous you should embody them among the troops you shall raise. As it is represented to the Congress that they will not serve under any officers but such as they themselves choose, you are desired to consult with General Schuyler, in whom the Congress are informed, these people place great confidence, about the field officers to be set over them. " I am, gentlemen, your most obedt. humble servt. " JOHN HANCOCK, President. " To the Members of the Provincial Congress, New-York." The resolves mentioned and enclosed in the foregoing letter, were also read, and are in the words following, to wit : " In Congress, June 23d, 1775. " Resolved, That it be recommended to the officers commanding in the New-Yoik Department, to procure as soon as possible, a list of the men employed in taking and garrisoning Crown Point and Ticonderoga, and keeping possesion of the lakes ; and also of their disbursements, in order that they may be paid. " Resolved, That their pay be the same as that of the officers and privates in the American army ; the highest of the officers not to exceed that of a captain, and that the pay commence the third day of May last, and continue until they are discharged. " Resolved, That it be recommended to the Convention of New- York, that they, consulting with Genl. Schuyler, employ in the American army to be raised for the defence of America, those called Green Mountain Boys, under such officers as the said Green Mountain Boys shall choose. " A true copy from the minutes. «« CHAS. THOMPSON, Secry. Another letter from the President of the Continental Congress was read, and is in the words following, to wit : " Philadelphia, June 27th, 1775. " Gentlemen — By the unanimous vote of this Con- gress, I am directed to assure you that they have a high sense of your services in the common cause of the United Colonies, and to inform you of the appointment of the se- veral general officers to command the Continental forces ; a list of whom I now enclose you. The subordinate offi- cers to be recommended by the Provincial Congresses to the General, to whom commissions from this Congress are sent, to be filled up agreeable to such recommendation. " I am, gentlemen, your most obedt. servt. " JOHN HANCOCK, Preside. " To the Members of the Provincial Congress, at New-York." The list of officers mentioned and enclosed in the above letters, was also read, and is follows : " Officers appointed by the Congress. " GEORGE WASHINGTON, Esqr. General and Commander-in- Chief of all the forces raised or to be raised for the defence of Ameri- can liberty. Artemas Ward, Esq. first Major-General. Charles Lee, Esq. second Major-General. Philip Schuyler, Esq. third Major-General. Israel Putnam, Esq. fourth Major-General. Seth Pemeroy, Esq. first Brigadier-General. Richard Montgomerie, Esq. second Brigadier-General. David Wooster, Esq. third Brigadier-General. William Heath, Esq. fourth Brigadier-General. Joseph Spencer, Esq. fifth Brigadier-General. John Thomas, Esq. sixth Brigadier-General. John Sullivan, Esq. seventh Brigadier-General. Nathaniel Green, Esq. eighth Brigadier-General. Horatio Gates, Esq. Adjutant-General, and with the rank of Brigadier-Ge- neral." A letter from Edward Flemming, Esqr. signifying to this Congress his reasons for declining to accept of a com- mission appointing him lieutenant-colonel in the regiment whereof James Clinton, Esqr. is colonel, and raised for the defence of American liberty. Ordered, That Colo. McDougall, Mr. Scott and Colo. Clinton, be a committee to meet and confer with Messrs. Ethan Allen and Seth Warner, and report the same with all convenient speed. Mr. Glenn has leave of absence to go home, and re- turn as soon as he conveniently can. The Congress adjourned to 4 o'clock, P. M. on Mon- day next. DIE LUNiE, 4 ho. p. m. 3u\y 3rd, VTO. The Congress met pursuant to adjournment. Present— Leonard Lispenard, Esqr. Presidt.pro tempore. A letter from the New-York Delegation at the Conti- 64 JOURNAL OF THE PROVINCIAL CONGRESS. nental Congress, was read, and is in the words following, to wit : " Gentlemen— We have received your letter of the 23rd inst. and are sorry to be informed of your being retarded by any difficulties in completing your levies. " It would be extremely imprudent to suggest the least hint of your objections to the Congress. Be assured that the northern and some other Colonies, are ready to raise men almost on any terms, and would be happy in an op- portunity of furnishing troops without any allowance for bounty or clothes. " Permit us earnestly to recommend to you to proceed in this business with alacrity and despatch. The honor as well as the interest of the Province, is much concerned in the success of this measure. Your neighbours of Con- necticut boast of their having raised their men in ten days' time. Endeavour not to be behind with them. "We have the pleasure to acquaint you that a Continen- tal currency is forming, and when completed, you will be immediately supplied with a sum adequate to your exigen- cies. " If forces cannot be raised without bounties, we beg leave to submit it to your consideration, whether it would not be better to do it at the expense of the Province or by advancing it on the credit of their pay, than lose the op- portunity of signalizing your attachment to the cause, and provide for a great number of your poor. " From the intelligence which we have received of the state of ammunition in your city and Province, we are ap- prehensive that you are so destitute of powder, as to be exposed to very imminent danger in case of an attack, against which we think it extremely necessary that provi- sion be speedily made. " We fear there are too many in New-York who flatter themselves with safety and security from the removal of the troops. For our parts, we consider it is a mere tem- porary suspension of danger, and that this opportunity of putting the country in a posture of defence is very fortu- nate, and by all means to be improved. " We are, gentlemen, with the greatest respect, " Your most obedt. and h'ble. servts. " PHIL. LIVINGSTON, "JOHN ALSOP, " JOHN JAY. "WM. FLOYD, " ROBT. R. LIVINGSTON, Junr. " Philadelphia, 30th June, 1775. " P. S. Since writing the above, the Congress have requested the Com. of Philadelphia, immediately to send forward 50 quarter casks of powder ; it set out this day, consigned to the committee of Elizabeth Town, who will send it to Dobbs' ferry — you will provide for its being im- mediately taken from thence ard carried to Albany, for the use of the troops at Ticonderoga and Crown Point. " To Peter Van Brugh Livingston, Esqr. President of the Provincial Congress at New-York." Mr. Pye offered to go to Dobbs' ferry to take care of the powder mentioned in the letter from the New- York Delegates ; and thereupon an order was signed by the Pre- sident pro tempore, and delivered to Mr. Pye as the bear- er, directing the person or persons who shall have the said powder to deliver it to Mr. Pye, taking his receipt for the same. And also another order was made, signed as afore- said, and delivered to Mr. Pye, directing him to deliver the said fifty quarter casks of powder to such person or master of a sloop as may have an order from this Con- gress for that purpose. A draft of a letter to the committee of the city of Alba- ny concerning the said 50 quarter casks of powder, was read and approved of, and is in the words following, to wit : " Provincial Congress. ) "New-York, July 3d, 1775. J " Gentlemen — You will receive by the bearer 50 quar- ter casks of gunpowder, sent from Philadelphia by the Continental Congress, for the use of the forts at Crown- point and Ticonderoga. You are sensible of the necessity of forwarding it with all possible despatch and safety, and will doubtless duly attend to a matter of so much impor- tance. " We are, gentlemen, your humble servts. " By order oif the Provincial Congress. " To Samuel Stringer, Esqr. Chairman of the Committee at Albany." Ordered, That a copy thereof be engrossed, signed by the President pro tempore, and delivered to the Albany members, to be transmitted by such skipper as they shall direct to stop for and receive the said powder. The Congress then adjourned to 9 o'clock to-morrow morning. DIE MARTIS, 9 ho. a. m. July 3rih, IV15. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Doctor Rodgers. Present — Leonard Lispenard, Esqr. President pro tempore. Isaac Low, Alexander McDougal], Joseph Hallett, Abraham Bra- sher, Isaac Roosevelt, John De Lancey, Samuel Verplanck, Richard Yates, Benjamin Kissam, John Morin Scott — For the city and county of New-York. Abraham Yates, Peter Silvester, Francis Nicoll — For the city and county of Albany. Zephaniah Piatt, Richard Montgomery, Gilbert Livingston, Jonathan Landon, Melancton Smith, Nathaniel Sackett — For Dutches county. Johannes Hardenberg, James Clinton, Egbert Dumond — For Ulster county. David Pye, Benjamin Tusteen — For Orange county. Nathaniel Woodhull, John Sloss Hobart, Thomas Wickham — For Suffolk county. Lewis Graham, James Van Cortlandt, Joseph Drake, Philip Van Cortland, Robert Graham, William Paulding — For West Chester county. Henry Williams, Jeremiah Remsen, Theodorus Polhemus, John Vander Bilt — For Kings county. Paul Micheau, John Journey, Aaron Cortelyou — For Richmond county. Jacob Blackwell, Jonathan Lawrence, Zebulon Williams, Joseph Robinson, Nathaniel Tom, Richard Thorne — For Queens county. Christopher P. Yates, John Marlett — For Tryon county. Paul Spooner, William Williams — For Cumberland county. A letter from General Schuyler was read, and is in the words following, lo wit : " New-York, July 3d, 1775. " Gentlemen — I do myself the honour to enclose you an estimate of such stores, &c. as at present appear to me necessary to be forwarded to Albany. The pitch, oakum and nails, I wish to have sent with all possible despatch. I am very certain that a variety of other articles will be wanted which I shall be better able to ascertain after my arrival at Albany, for which place I propose setting out to- morrow. " I am informed that a considerable quantity of lead was found at Ticonderoga ; but if it should not equal my ex- pectations, I may be exposed to insurmountable difficulties. I, therefore, wish that at least half of the quantity which I have estimated, may be ordered up without delay, together with 50 casks of powder, which I am advised will be sent you from Philadelphia. " As it is probable, from the manoeuvres of Govr. Carl- ton, that I shall speedily want a reinforcement of troops at Ticonderoga, and not being at liberty to remove the Con- necticut troops from hence, I entreat that you will be pleas- ed to forward whatever men may levied in this Colony im- mediately to Albany, without waiting until the corps are completed. " I hope, gentlemen, on every occasion to be favoured with your advice ; and indeed, as the important charge conferred on me by the Continental Congress, was done in deference to you, your polite and honourable (yet alto- gether unmerited) recommendation of me, I shall with the JOURNAL OF THE PROVINCIAL CONGRESS. 65 fullest confidence look up to you for your aid and counte- nance, at once to promote the public service and to prevent me from sinking under the weighty concerns of my office. And give me leave to assure you that, though I have the clearest conviction that I shall never be able to equal the high opinion you have induced the Congress to entertain of me, yet no effort shall be wanting on my part, to deserve it as far as possible, that I may not draw disgrace on you, my country or myself. " 1 am. gentlemen, " With sentiments of the most profound respect, " Your most obedt. and most hble. servt. "PH. SCHUYLER. " To the gentn. of the New-York Provincial Congress." The estimate of stores, &c. mentioned in the foregoing letter of General Schuyler was read and filed. Mr. Henry Williams then moved (seconded by Mr. John Van Cortlandt) in the words following, to wit : I move that orders be immediately issued by this Con- gress for making uniform coats for all the men to be raised in this Colony. And debates arising on the said motion, and the question being put thereon, it was carried in the affirmative in the following manner, to wit : For the affirmative. For the negative. Dutchess, 2 Albany, 3 Richmond, 2 Suffolk, 2 Westchester, 2 — New-York, 4 5 Queens, 2 Tryon,.... 2 Orange county being equally Cumberland, 2 divided _ no vote . Ulsler, 2 Kings, 2 20 Ordered, therefore, That Mr. Peter T. Curtenius get uniform coats made for all the non-commissioned officers and men to be raised in this Colony : that the coats of each regiment be made with different cuffs and facings. And, Ordered, That Mr. Curtenius be at liberty to purchase any goods for the use of this Colony of Robert and John Murray, which were directed by this Congress to be kept in store until the second ship shall arrive from Great Britain with goods, after the non-importation agreement is dissolv- ed, if Messrs. Murray will consent to wait for their money until that time. Ordered, That Messrs. Low, Clarkson and Kissam, be a committee to wait on General Schuyler and confer with him on the subject of his letter, received and read this day, and the list of stores therein enclosed ; and inform him that it may be disadvantageous to remove the new levied troops immediately. Ordered, That Mr. Peter T. Curtenius send to Phila- delphia for proper parchments for drumheads, and when he obtains them, that he get good drums made for the re- giments now raising in this Colony, in such manner as the field officers shall direct. Ordered, also, That Mr. Peter T. Curtenius (for the present) provide provisions for the men now enlisted and raising in this city, and deliver the same in such quantities as may be necessary, to the quarter-master of the first re- giment, and that he deliver out such tents as he has or may have ready, to Colo. McDougall, or his order, for the use of his men. Ordered, That Colo. McDougall have leave to nomi- nate such persons to fill up the vacancies in his regiment, below the rank of a captain, as he may think proper, and that he report to this Congress such persons as he shall so nominate. A receipt from Philip Lansingh to Egbert Dumond, Esqr. for 200 barrels of flour, to be by him conveyed to Albany, for the use of the troops at Ticondcroga, was read and filed. The committee appointed to wait on Genl. Schuyler re- 17 turned, and reported in substance that Genl. Schuyler hav- ing conceived that it might be disadvantageous to remove the new levied men immediately, had wrote to the Congress on that subject, and received positive orders not to remove from hence the Connecticut troops, under the command of Genl. Wooster, but that he will leave the new levied men here for the present. That with respect to the list of stores delivered in by General Schuyler, that he had made a list of all the stores of the several kinds therein mentioned, that he conceived necessary for the present, and that such quan- tities of the several articles therein mentioned, as are al- ready sent, are to be considered as part of the stores men- tioned in the said list. The Congress resumed the consideration of the resolves of the Continental Congress, bearing date the 23d instant ; and after some time spent therein, the Congress was in- formed that Ethan Allen was at the door and desired ad- mittance. Mr. Sears then moved, (seconded by Mr. Melancton Smith,) in the following words : I move that Ethan Allen be permitted to have an audience at this Board. And debates arising thereon, and the question being put, it was carried in the affirmative in manner following : For the affirmative. For the negative. Suffolk, 2 Albany, 3 Queens, 2 Richmond, 2 Kings, 2 New-York, 4 Ulster, 2 _ Orange, 2 9 Westchester, 2 Dutchess, 2 Tryon, 2 Cumberland, 2 18 Ordered, That Ethan Allen be admitted. Seth Warner was also admitted at the same time. He delivered a list of officers, which is filed. Ethan Allen and Seth Warner having been heard, they withdrew. Ordered, That in consequence of a recommendation from the Continental Congress, a body of troops not ex- ceeding five hundred men, officers included, be forthwith raised of those called Green Mountain Boys ; that they elect all their own officers, except field officers ; that Ma- jor-General Schuyler be requested to forward this order to them, and receive from them a list of such officers as they shall elect, to be communicated to this Congress ; and that General Schuyler be further requested, without delay, to procure the sense of those troops concerning the persons who will be most agreeable to them for field officers, and to make other inquiry, and upon the whole advise this Congress what persons will be most proper to be appointed as field officers to command those troops. That the said troops, when raised, be considered as an independent body, their field officers taking rank after the field officers of the other troops to be raised by this Colony for the Continental service. That their corps of officers consist of one lieute- nant-colonel, one major, seven captains and fourteen lieu- tenants, and that the General be furnished with blank war- rants, to be filled up by him agreeable to such election, as above mentioned. The county of Albany and Mr. John De Lancey dis- sented to the above order and resolve. Ordered, That a certified copy of the above be given to General Schuyler by the secretaries. The Congress then adjourned to 5 o'clock, P. M. Die Martis, 5 ho. P. M. July 1th, 1775. The Congress met pursuant to adjournment. Present — Leonard Lispenard, Esqr. President pro tempore. A letter from General Schuyler was received and read, and is in the words following : "Gentlemen — As I am ordered by the Continental Congress to liquidate the accounts of the people employed in the reduction of Ticonderoga, that they may be paid, 66 JOURNAL OF THE PR and as Messrs. Allen and Warner were concerned, there will be money due to them, and as they are in want of some, I could wish you to advance them thirty pounds, and to make it a Continental charge, to which I shall debit them in their account with the public. " I am, gentlemen, " Your most obedt. humble servt, "PH. SCHUYLER. " New- York, June 4, 1775. " To the gentl. of the New-York Provincial Congress." Thereupon an order was made to the President in the words following, to wit : Whereas, General Schuyler has requested that this Congress would advance £30 to Ethan Allen and Seth Warner, and make a Continental charge thereof, for which he will debit them in their account with the public : Ordered, That Peter Van Brugh Livingston, Esqr. be requested to advance £30 to the said Ethan Allen and Seth Warner, and take their receipt for the same. Ordered, That every person who has one or more of the muskets, bayonets and accoutrements, belonging to the corporation of the city of New- York, and lately delivered out of the City-Hall of the said city, bring the same to the house of Abraham Vandyck, in the Broadway, and de- liver them to Messrs. Abraham Walton and Isaac Sears, or their order, who are appointed a committee to receive the same, and that each person deliver to those gentlemen, at the same time, an account of the expense they have been at for iron ramrods for the said muskets, that this Congress might make provisions for the payment thereof ; and ordered that this order be published in handbills and distributed about this city. Then the Congress adjourned till to-morrow morning at 9 o'clock. DIE MERCUR1I 9 ho. a. m. 3u\y 5tii, 1T15. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Gano. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexander McDougall, Leonard Lispenard, Joseph Hal- let, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beekman, Samuel Verplanck, Richard Yates, David Clarkson, Benjamin Kissam, John Morin Scott, John Van Cortlandt, John Marston. Isaac Sears — City and county of New-York. Peter Silvester, Francis Nicoll — llbany. Zephaniah Piatt, Richard Montgomerie, Gilbert Livingston, Jona- than Landon, Melancton Smith, Nathaniel Sackett — Dutchess. Johannes Hardenbergh, James Clinton, Egbert Dumond — Ulster. Michael Jackson, Benjamin Tusteen — Orange. Nathaniel Woodhull, John Sloss Hobart, Thomas Wickham — Suffolk. Lewis Graham, James Van Cortlandt, Joseph Drake, Philip Van Cortlandt, Robert Graham, William Paulding — Westchester. Johans. E. Lott, Henry Williams, Jeremiah Remsen, John Van Derbilt — Kings. Paul Micheau, John Journey, Richard Conner — Richmond. Jacob Blackwell, Jonathan Lawrence, Zebulon Williams, Joseph French, Joseph Robinson, Nathaniel Tom, Richard Thome — Queens. Christopher P. Yates, John Marlett— Tryon. Paul Spooner, William Williams — Cumberland. Joseph French, Esqr. one of the Members of Queens county, who hitherto has neglected to attend this Congress, appeared and took his seat, and was charged by the Pre- sident from the chair that sundry matters in this Congress are to be kept secret, particularly all such as relate to Ti- conderoga and the northern posts. Colo. McDougall informed the Congress that a number of men enlisted in this city, as part of the troops to be rais- ed in this Colonv, are ready to be encamped, but that tents and other necessaries for the officers, and many articles for the soldiers, are yet wanting ; that part of the upper bar- racks are ready for use ; and that a muster-master is want- ed to muster the men now enlisted. Ordered, That Mr. Abraham Brasher and Doctor Lynn, )VINCIAL CONGRESS. proceed immediately to muster the men who are enlisted, and that such men as pass muster, and such others as shall be enlisted, be lodged in the barracks in this city, until their tents and other necessaries are ready, or until the fur- ther order of this Congress. Ordered, That Mr. Curtenius wait on Doctor John Jones and Doctor Treat, and request them to make and deliver to him a list of such medicines and instruments as will furnish a complete medicine chest for a regiment of 750 men, officers included, and that Mr. Curtenius, when he has received such list, provide a medicine chest agree- able thereto. Mr. Curtenius attending at the door, was called in, and produced to the Congress an order of General Schuyler to supply sundry utensils, (which are mentioned in a list attending the said order,) for an armourer of the Connec- ticut troops. Ordered, That Mr. Curtenius supply the sundry arti- cles mentioned in the said list and order to the said ar- mourer, and that he keep a separate account of the amount of those articles, and charge them as supplied to the troops of the Colony of Connecticut, that it may be placed to the account of that Colony, in a settlement of the Continental expenses. Ordered, That Mr. Curtenius be supplied with a copy of the list or inventory of stores sent to this Congress, on the 4th instant, and that he be requested to compare that inventory with the inventories of the provisions and stores already forwarded to Albany, and that he purchase on the public credit, and forward to Albany, such quantities of the respective articles, matters and things, mentioned in the said list or inventory, as are not already purchased and forwarded to Albany. This Congress being informed that the corporation of the city of New-York intend to address his Excellency Governor Tryon, Resolved, Though this Congress entertains the highest respect for his Excellency, yet it will be altogether impro- per for the said corporation, or any other body corporate or individuals in this Colony, to address his Excellency at this most critical juncture. Resolved, also, That one of the Secretaries of this Con- gress do forthwith serve his worship the mayor with a copy hereof. Mr. De Lancey dissented to the foregoing resolutions. A certificate from Daniel Tillinghast, chairman of the committee of safety at Providence, Rhode Island, bearing date the 27th of June last, certifying that Asher Cook had that day imported there in the sloop Liberty, Henry Pal- mer, master, 168 barrels of flour, and 44 casks of bread, and disposed of them to the committee of safety, was read and filed. William Tapp was mentioned to this Congress as a proper person for quarter-master of the first regiment of troops now raising in this Colony; and the Congress being informed that Lieutenant-Collo. Ritzma recommends him as a proper person for that office : agreed that he is ap- proved of, and that he be appointed to the said office. John Van Cortlandt, Esqr. informed the Congress that the artillery company of the marine society, agreeable to the recommendation of this Congress, had nominated their officers to serve under Captain Anthony Rutgers, to wit : Christopher Miller for their captain lieutenant, Patrick Dennis first lieutenant, Anthony Griffiths second lieuten- ant, and William Ritchie third lieutenant, and request the approbation of this Congress in the said nomination. The Congress are of opinion that those gentlemen will be pro- per officers, and do approve of and confirm the choice of the said company in their officers. The report of the committee for Indian affairs, which was brought in last Saturday, was read, and the draft of a speech proposed to be made to the Indians was also read, and in sundry places amended. And thereupon JOURNAL OF THE PROVINCIAL CONGRESS. 67 Ordered, That the said report of a speech to be made to the Indians, be recommitted to such members of the said committee as are now present, together with Mr. Scott and Mr. Hobart, who are added to the said committee for that purpose, and that they proceed to take the same into con- sideration immediately. Resolved, That no vessel now in port, nor any that may hereafter arrive, belonging to any port in Great Britain, or Ireland, or the isles of Guernsey or Jersey, which send vessels to the Newfoundland fishery, be permitted to load any bread or flour, beef or pork, unless the property of those articles be in some merchant or inhabitant of this Colony, and not intended for Newfoundland, until it shall be otherwise ordered by this or the Continental Con- gress. Ordered, That a copy of this resolution be published in the newspapers, and that the resolution of the committee of the city of New- York, be republished at the same time immediately preceding this resolution. The Congress then adjourned till to-morrow morning at 9 o'clock. DIE JOVIS, 9 ho. a. m. July 6th, 1T15. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Mason. Present — Peter Van Brugh Livingston, Esqr. Presidt. Isaac Low, Alexr. McDougall, Leonard Lispenard, Joseph Hallet, Abraham Walton, John De Lancey, James Beekman, Samuel Ver- planck, Richard Yates, David Clarkson, Benjamin Kissam, John Van Cortlandt, Jacobus Van Zandt, Isaac Sears — City and county of New- York. Peter Silvester, Francis Nicoll — Albany. Zephaniah Piatt, Richard Montgomerie, Gilbert Livingston, Jona- than Landon, Melancton Smith, Nathaniel Sacket — Dutchess. Johans. Hardenbergh, James Clinton, Egbert Dumond — Ultler. Michael Jackson, Benjamin Tusteen — Orange. Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwell, Thomas Wickham— Suffolk. Governeur Morris, Lewis Graham, Joseph Drake, Philip Van Cort- landt, Robert Graham, William Paulding — Westchester. Henry Williams, Jeremiah Remsen — Kings. Paul Mecheau, John Journey, Richard Conner — Richmond. Jacob Blackwell, Jonathan Lawrence, Zebulon Williams, Joseph French, Joseph Robinson, Nathaniel Tom, Richard Thome — Queens. John Marlett— Tryon. Paul Spooner, William Williams— Cumberland. Application having been made to the President, also to the deputy chairman of the general committee of New- York, for the payment of a messenger, who was sent to Albany by General Schuyler, and is returned, it is agreed that nine pounds be a stated allowance to a messenger for going to Albany, and that the President pay the said mes- senger who has been to Albany nine pounds. Resolved, That the Revd. John Peter Testard be em- ployed as French interpreter to General Schuyler, and as chaplain for the troops of this Colony, and that his pay as interpreter and chaplain be equal to a major's pay. Messrs. Melancton Smith, Gilbert Livingston and Henry Williams dissent from the appointment of Mr. Testard as chaplain. Mr. McDougal moved (seconded by Mr. Sears,) that a committee be appointed to convene all the blacksmiths in town, and inquire of them whether they can make gun bar- rels, bayonets, and iron ramrods, and what number any of them can make in a given time. Ordered, That Mr. Van Zandt, Colo. McDougal, Colo. Lispenard and Mr. Hallet be a committee for that purpose, and that they report with all convenient speed. Ordered, That Mr. Van Zandt be authorized, and he is hereby authorized and requested on behalf of this Congress to contract with any such person as he shall think proper, for procuring two thousand good gun-locks, such as are used for the King's muskets, to be procured with all possible despatch, not to exceed the price of 16s each. And Resolved, That the same shall be paid for by this Con- gress. Mr. McDougall moved (was seconded,) that a committee be appointed to write to Great Britain for four complete set of locksmiths, to make gun-locks, and that the same committee agree to pay the passages of smiths from Britain to America : and the same being agreed to, Ordered, That Colo. Lispenard, Mr. Hallet, Mr. Van Zandt and Colo. McDougall be a committee for that pur- pose, and that they are hereby authorized and requested to write for four set of good locksmiths, to make gun-locks, and to engage to pay the expense of their passages from Britain to this Colony. Resolved and ordered, That the committee of corres- pondence write a letter to the Continental Congress on the subject of saltpetre, and informing them of the proposals of Messrs. Kipp and Van Vleck, that the Continental Con- gress may give such encouragement and directions in the premises as they in their wisdom shall think proper. Resolved, That ten shillings shall be allowed to every soldier that shall enlist in the Continental Congress in this Colony for the present campaign, who shall furnish himself with a good musket, to be approved of by the muster-mas- ter and armourer for each regiment. Mr. Morris moved (and was seconded,) that the Congress reconsider their resolve of yesterday, to prevent any ad- dress being delivered to his Excellency Governor Tryon. Debates arose thereon, and the question being put, it was carried in the negative, in the manner following : For the negative. Suffolk 2 Westchester, 2 Mr. Morris dissenting. Dutchess, 2 Cumberland, 2 For the affirmative. New-York, 4 Albany, 3 Richmond, 2 Queens, 2 Mr. Robinson dissenting. — Ulster, 2 11 Kings, 2 Tryon, 2 Orange, 2 16 Resolved, Therefore, that this Congress will not recon- sider their resolution of yesterday, to prevent any address being delivered to his Excellency Govr. Tryon. A letter from Mr. Scott to the President, informing him of the distressed state of his family, was read, and praying that some person be put in his stead on the committee of Indian affairs. Ordered, That Mr. Morris be added to that committee in the stead of Mr. Scott. The Congress adjourned to 4 o'clock P. M. Die Jovis, 4 ho. P. M. July 6th, 1775. The Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esqr. Presidt. Alexr. McDougall, Abraham Walton, James Beekman, Richard Yates, David Clarkson, Benjamin Kissam, Jacobus Van Zandt, Isaac Sears — City New-York. Peter Silvester, Francis Nicoll — Albany. Zephaniah Piatt, Gilbert Livingston, Jonathan Landon, Melancton Smith, Nathaniel Sacket — Dutchess. Johans. Hardenbergh, James Clinton, Egbert Dumond — Ulster. Michael Jackson, Benjamin Tusteen — Orange. Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwell, Thomas Wickham— Suffolk. Governeur Morris, Stephen Ward, Joseph Drake, Robert Graham, William Paulding — Westchester. Henry Williams, Jeremiah Remsen — Kings. Paul Mecheau, John Journey, Aaron Cortelyou — Richmond. Jacob Blackwell, Jonathan Lawrence, Zebulon Williams, Joseph French, Joseph Robinson, Nathaniel Tom, Richard Thome — Queens. Panl Spooner, William Williams — Cumberland. Ordered, That Mr. Girard Bancker, the barrack-mas- ter, deliver to Colo. McDougall all such beds, blankets and 68 JOURNAL OF THE PROVINCIAL CONGRESS. other utensils for soldiers, now in the custody of the said barrack-master, and belonging to this Colony, as Colo. McDougal shall call for, for the use of the troops now raising in this Colony. A letter from John Alsop, Esqr. at Philadelphia, in an- swer to the letter from this Congress on the subject of blankets was read and filed. A letter from Isaac Thompson, of Islip, covering a copy of the general association signed by the greatest part of the inhabitants of that district was read and filed — the said general association signed as aforesaid, and also a list of the names of such persons as have refused to sign the same, subjoined therelo, was read and filed. A letter from Charles Thompson, Esqr. on behalf of the committee of the city of Philadelphia was read and filed, and is in the words following, to wit : " Gentlemen — The enclosed was yesterday intercept- ed by the committee of this city, and laid before the Con- gress, who have recommended that it be forwarded to you. " I am, gentlemen, " Your most humble servt. "CHA. THOMSON. " In behalf of the Com. of Philad. " Philada. 4th July, 1775. " To the Provincial Convention or Congress of New- York." A letter from Governor Martin (enclosed in the forego- ing letter from Charles Thomson,) to Henry White Esqr. was read and is in the words following : " No. Carolina, Cape Fear, June. \Zth, 1775. " My Dear Sir — I take the liberty to enclose, herewith a letter to Mrs. Martin, whose safe arrival I am most anxious to learn, the winds having been easterly almost ever since her departure. " I shall be extremely obliged to you if you can contrive to send me, with the royal standard I mentioned to you some time ago, or without it if that is not to be had, a good tent and marquee of the size of the Colonel's tent in the army, with a tent bed, to fit the boot of it, and furniture, vizt : mat- trass, bolster and pillow ; to be sent by any vessel bound to Cape Fear river, or in default thereof to Newbern, di- rected to the care of Mr. Cornell. " I should rejoice to see a prospect of a happy termina- tion of the present deplorable times, that more or less threaten the happiness of every man throughout the British dominions. " My compliments and warmest good wishes attend you, Mrs. White and all your family. " And am, dear, Sir, ever yours. JO. MARTIN. " To the Honble. Henry White, Esqr. " I forbear to give you your due additions on the outside of my letter, to obviate prying curiosity." The Congress adjourned to 9 o'clock to-morrow morning. DIE VENERIS, 9 no. a. m. The Congress met pursuant to adjournment. Opened with prayers by the Revd. Mr. Inglis. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexr. McDougall, Leonard Lispenard, Joseph Hallet, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lan- cey, James Beekman, Samuel Verplanck, Richard Yates, David Clark- son, Benjamin Kissara, Jacobus Van Zandt, Isaac Sears — City and county of New-York. Peter Silvester, Francis Nicoll — ilbany. Zephaniah Piatt, Richard Montgomerie, Gilbert Livingston, Jona- than Landon, Melancton Smith, Nathaniel Sacket — Dutchess. Johans. Hardenburgh, James Clinton, Egbert Dumond — Ulster. Michael Jackson — Orange. Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwell, Ezra L'Hommedieu, Thomas Wickham— Suffolk. Governeur Morris, Joseph Drake, Lewis Graham, Philip Van Cort- landt, Robert Graham, William Paulding— Westchester. Henry Williams, John Van Derbilt— Kings. Paul Mecheau, John Journey, Richard Conner — Richmond. Jacob Blackwell, Jonathan Lawrence, Zebulon Williams, Joseph French, Joseph Robinson, Nathaniel Tom, Richard Thorne — Queens. John Marlett — Tryon. Paul Spooner, William Williams — Cumberland. The letter from Chailes Thomson and the letter from Governor Martin to Henry White, Esqr. therein mention- ed, were again read ; and thereupon, Ordered, That Messrs. Sears, Morris and Low be a commitiee to wait on Mr. While and receive from him such intelligence as they can obtain and report to this Con- gress, with all convenient speed. Mr. Pye returned from Dobbs' Ferry, and reported to the Congress that he had proceeded to the said ferry and waited there until last evening ; that no powder is ar- rived ; that the sloop which was to have taken in the said powder was gone to Albany, and that he has left the order of this Congress with Mr. and ordered the powder when it arrives to be left at Jonathan Lawrence's. The Congress being informed that a quantity of powder lately passed through Hackensack in wagons, Ordered, That Mr. Pye be requested to inquire of some gentlemen of the committee of Elizabeth Town now in New- York whether they can give any information of the said powder ; and also that Mr. Pye, if he find it requisite, go to Bull's Ferry to receive and forward the said powder to Albany, if it should be there. A letter from Genl. Wooster was read and filed, and is in the words following, to wit : " Camp near New-York, July 7th, 1775. " Sir — We have among the Connecticut troops a num- ber of apprentices and indented servants who ran away from their masters in this city, and have enlisted themselves and received their pay in Connecticut. Since our arrival at this place many of them have been detained in town by their masters. As the Governor of Connecticut has sub- jected me and the troops under my command to the direc- tion of the Continental and this Provincial Congress, I de- sire you, sir, to take the opinion of your Congress and ad- vise me what plan of conduct I shall pursue with regard to such persons, and you will oblige, " Sir, your hble. servt. " DAVID WOOSTER. ''To Peter Van Brugh Livingston, Esqr. President of the Provincial Congress." The Congress took the same into consideration and re- solved to advise General Wooster, that the masters of such servants or apprentices belonging to this Colony as are en- listed in his troops be restored to their masters, provided their masters pay to him the disbursements, deducting therefrom the pay, if any be due. A draft of a letter to General Wooster signifying the sense of this Congress on the subject of apprentices and servants, was read and approved. The committee appointed to wait on Mr. White, re- turned and reported that Henry White, Esqr. informed them that he had received the former letter from Governor Martin, mentioned in the letter of Govr. Martin now be- fore this Congress ; that he never sent the standard therein mentioned and did not intend to send it ; that he has at pre- sent mislaid Governor Martin's first letter; that he will send the letter when he can find it to this Congress ; that he is not privy to Governor Martin's intentions as to the matters suspected from his letter, and that he will send in writing to this Congress an account of the correspondence and transactions between him and Govr. Martin and attest it upon oath if desired. A sub-committee from the committee of the city and county of New-York being at the door, were admitted, and delivered to the President a letter (which was read,) from the committee of Elizabeth Town, setting forth that William McCleod (an ensign in the fifty-second regiment of foot now at Boston,) who had resided at or near Elizabeth JOURNAL OF THE PROVINCIAL CONGRESS. 69 Town for some time past, was about embarking for Boston 1 in order to join his said regiment ; that the said committee of Elizabeth Town had stopped his baggage, and that he was now in the city of New-York waiting for a passage to Boston. The Congress took the same into consideration ; and thereupon, Ordered, That the committee of the city and county of New-York do take the body of William McCleod, ensign in the fifty-second regiment of foot at Boston, and send him in safe custody to the committee of the town of Eli- zabeth Town ; and it is recommended to the committee of New-York not to use unnecessary violence, but to treat him with all possible lenity as a gentleman and soldier. Ordered, That Mr. Morris, Mr. Brasher, Mr. McDou- gall and Major Williams be a committee to form a proper method for an arrangement of the militia of this Colony, and proper instructions for the militia of this Colony, and that they report with all convenient speed. Major Williams and Doctor Spooner agreeable to a no- tice for that purpose given yesterday, proceeded to inform the Congress of the state of Cumberland county which they represent, and after some time spent therein, Ordered, That Mr. Morris, Mr. Low and Mr. Silvester be a committee to receive information of the members of that county and of any other persons of the state of that county, and report thereon to this Congress. Whereas. This Congress on the fourth day of July instant, published a resolution, ordering that the arms be- longing to the corporation of this city be returned to Messrs. Abraham Walton and Isaac Sears, who are appointed a committee to receive them : And Whereas, Few of those arms have as yet been re- turned, and it is essentially necessary for the public ser- vice that a compliance with that order be no longer delayed : Resolved, That every person to whom such arms were originally delivered, or who is now possessed of any of them and does not on or before Friday the 14th instant, deliver the same to the committee aforesaid or their order, at the Upper Barracks, shall be deemed and treated as an enemy to his country. The Congress adjourned to to-morrow morning 9 o'clock. DIE SATURNII, 9 ho. a. m. The Congress met pursuant to adjournment. Opened with prayer, by the Revd. Dr. Laidley. Present — Peter Van Brugh Livingston, Esqr. President. Isaac Low, Alexr. McDougall, Leonard Lispenard, Joseph Hallet, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John De Lan- cey, Samuel Verplanck, Richard Yates, David Clarkson, Benjamin Kissam, Jacobus Van Zandt, Isaac Sears — City and county of New- York. Peter Silvester, Francis Nicoll — Jllbany. Zephaniah Piatt, Gilbert Livingston, Jonathan Landon, Melancton Smith, Nathaniel Sacket — Dutchess. Johans. Hardenbergh, James Clinton, Egbert Dumond — Ulster. Michael Jackson — Orange. Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwell, Ezra L'hommedieu, Thomas Wickham — Suffolk. Governeur Morris, Lewis Graham, Joseph Drake, Philip Van Cortlandt, Robert Graham, William Paulding — Westchester. Henry Williams, John Van Derbilt, Theodorus Polhemus — Kings. Paul Mecheau, John Journey, Richard Conner — Richmond. Zebulon Williams, Joseph French, Nathaniel Tom, Richard Thome — Queens. Paul Spooner, William Williams — Cumberland. A letter from Henry White, Esqr. was read, and is in the words following, to wit : " Sir — Three gentlemen of the Provincial Congress called upon me with an intercepted letter from Governor Martin of North Carolina, dated the 13th June, to send him a royal standard from hence. They desired to know 18 if I had complied with his request, and whether I could inform them respecting the measures he was now pursu- ing. In answer to which I have to observe, that he some time ago wrote to me to send him such a standard, which I declined to do, lest it might be disagreeable to the people of this place, and wrote him to that purpose, which letter I apprehend miscarried or he must have received it before the 13th of last month. With regard to the steps he is now taking in his government, I am utterly unacquainted. He has not communicated to me any particulars. Gover- nor Martin is a gentleman I am intimately acquainted with, and have transacted business for him ever since he has been at North Carolina, which accounts for his applying to me for the above standard. I imagine it will be believed that I did not solicit the commission. " I am, sir, your most humble ser't. HENRY WHITE. " Saturday, 8th July, 1775. " To Peter V. B. Livingston, Esqr.-"' A draft of a letter to Charles Thomson, Esqr. in answer to his letter read yesterday, was read and approved, as is as follows, to wit : "In Provincial Congress, ) "New-York, July 8th, 1775. J " Sir — The Congress received yours enclosing Gover- nor Martin's letter to Mr. Henry White, and immediately appointed a committee to confer with him on the subject. From the answers he gave the committee and a letter re- ceived from him, (a copy of which is enclosed,) the Con- gress are fully satisfied that Mr. White's conduct in this matter has been unexceptionable, and such as becomes the character of a good citizen. " I am, sir, your humble servt. " To Charles Thomson, Esqr." Ordered, That a copy thereof be engrossed, signed by the President, and together with a copy of Mr. White's letter of this day, be transmitted by the first opportunity. It being suggested to the Congress that priming wires and brushes are wanting for the Connecticut troops, Ordered, That Mr. Curtenius be requested to assist the quarter-master of the Connecticut troops to get prim- ing wires and brushes for the said troops, the said quar- ter-master paying for the same. Ordered, That Peter Van Brugh Livingston, Esqr. President of this Congress, be Treasurer for this Con- gress, of all money received or to be received in this Co- lony for the general defence of America or the Continen- tal service, until some other Treasurer shall be appointed by the Continental Congress. The Continental Congress having recommended it to the inhabitants of the Colonies to keep the twentieth day of July instant, as a day of fasting and prayer, this Congress does strictly enjoin all persons in this Colony, religiously to observe the said recommendation, and we being taught by that holy religion declared by the merciful Jesus and sealed by his blood, that we ought to acknowledge the hand of God in all public calamities, and being thoroughly convinced that the great Disposer of Events regardeth the hearts of his creatures, do most earnestly recommend it to all men to conform themselves to the pure dictates of Christianity, and by deep repentance and the sincere amend- ment of their lives, to implore of our Heavenly Father that favor and protection which he alone can give. Resolved, That this Congress will adjourn until next Tuesday fortnight; and that a Committee of Safety be ap- pointed during the recess of this Congress in the manner following, to wit : That New-York appoint three members to give two votes, and every other county each one, to give one vote. And that such other members of the se- veral counties as shall attend may join in the vote of their respective counties, or give such vote in the absence of the member or members so appointed. And Peter Van Brugh Livingston, Esqr., Colo. Lispenard and Colo. Mc- Dougall being appointed for the city and county of New- JOURNAL OF THE PROVINCIAL CONGRESS. 70 York, Mr. Morris for the city and county of Albany, Jona- than Landon for Dutchess county, Egbert Dumond for Ulster county, David Pye for Orange county, Abraham Brasher for Suffolk county, Governeur Morris for West- chester county, Henry Williams for Kings county, Rich- and Lawrence for Richmond county, Colo. McDougall for Queens county, Peter Van Brugh Livingston for Try on county, and John Morin Scott for Cumberland county : Resolved, That all the said votes, or major part thereof, shall constitute such committee ; and, that the said com- mittee when met, shall be empowered to open all letters directed to the said Congress, and to answer the same ; that they be farther empowered to take such measures as they shall think proper, to carry into execution all orders of the Continental Congress, and all resolutions and re- commendations of this Congress, and to comply with any requisitions made by the generals of the Continental army, or any of them, as far as they shall think proper ; that they be authorized to give directions to General Wooster, or the commander and commanders for the time being of the Continental troops stationed in this Colony, as from this Congress, provided that such directions do not contra- vene the orders of the Continental Congress, or of his or their superior officers respectively ; and lastly, that they have authority to appropriate such moneys of the Continen- tal Congress, as may arrive in payment of the debts already contracted for the public service, and for the use of the said service as they shall think necessary, the accounts being first audited and allowed by the committee of ac- counts. Ordered and agreed, That Jacobus Swartwout be and is appointed by this Congress, muster-master of the troops which shall be raised in defence of American liberty by the following captains, to wit : Lewis Duboys, Andrew Billings, Henry B. Livingston and Rufus Herrick. A copy of this order was made, and signed by P. V. B. Livingston, President. Ordered and agreed, That Col. Phineas Fanning, Da- vid Melford, Esquire, of East-Hampton, and Capt. Timo- thy Earle be and are appointed by this Congress muster- masters of the troops that shall be raised in Suffolk county in defence of American liberty. The Committee of Safety agreed to meet at the City Hall of the city of New-York, on Tuesday next at 9 o'clock, A. M. The Congress then adjourned until next Tuesday fort- night, then to meet again at the city of New-York, at nine of the clock in the morning of that day. JOURNAL OF THE COMMITTEE OF SAFETY. At a meeting of the Committee of Safety at the City Hall of the city of New-York, on Tuesday, the 11th day of July, 1775, at 9 o'clock, A. M. Present. — Peter Van Brugh Livingston, Col. McDougall, Col. Lispenard, Abraham Brasher — For the city and county of New-York. Egbert Dumond and Christopher Tappen — Ulster. Jonathan Langdon and Ephraim Payne — Dutchess. David Pye — Orange. Abraham Brasher — Suffolk. Henry Williams— Kings. Richard Lawrence— Richmond. Col. McDougall — Queens. Peter V. B. Livingston and John Marlett— Tryon. The committee unanimously elected Henry Williams, Esq. Chairman. A letter from Gen. Wooster was read, and is in the words following, viz : " Camp near New-York, July 11, 1775. " Sir — Peter Herring, the man who last night assisted in conveying on board the Asia man of war one of the prisoners sent here by the Continental Congress, is now under guard at our camp. I would beg the immediate advice of the Committee of Safety concerning what is best to be done with him ; his brother is willing and de- sirous that he should be sent away somewhere, that he may be out of the way of the enraged people ; some have proposed that he be sent on board the Asia ; others think it best to have him sent to Connecticut with Gov. Skeene, who will go off as soon as this matter can be determined. I hope, therefore, to be assisted with your advice as speedily as possible, and am, sir, " Your humble servant, " DAVID WOOSTER. "To Peter V. B. Livingston, Esq." Thereupon an order to Gen. Wooster was made in the words following, to wit : " Sir — Immediately on the receipt of this you are re- quired to send the body of Peter Herring, under safe and secure guard, before the Committee of Safety, at the City Hall of the city of New-York, for which this shall be a sufficient warrant. " By order of the Committee of Safety. " To Gen. Wooster." An answer to Gen. Wooster's letter was read and ap- proved, and is in the words following, to wit : " In Committee of Safety. > " New-York, July Uth, 1775. 5 " Sir — We this instant received your favour, and took the same into consideration. " We think it highly necessary that Mr. Herring should be brought before us in order to be examined touching his accomplices, for which purpose we have enclosed an order of this Board. " We are, sir, your humble servants. "P. S. If there are any witnesses, please to send them also. " To Gen. David Wooster, at the camp." Ordered, That a copy of said letter and order be signed by the Chairman and sent immediately. A letter from Guysbert Schenck and Dirck Brinckerhoff, Esqrs. of Dutchess county, two of the members of the Provincial Congress, bearing date the 5th instant, and also a recommendation from many others of the respectable freeholders of Dutchess county, of which Cornelius Adri- ance is one, recommending Andrew Teller Lawrence for second lieutenant, in the stead of the said Cornelius Adri- ance, who declines the service, were read and filed. Agreed, That the said Andrew Teller Lawrence is ap- proved of as second lieutenant in the company of troops to be under the command of Capt. Lewis Dubois, and that a warrant for that purpose shall be made as soon as the warrant granted to the said Cornelius Adriance, on the 28th of June last, is returned to this committee or the Provincial Congress. A letter from William Duer, Esq. was read, and is in the words following, to wit : " Sir — I esteem it a duty which I owe to the Province to inform you that my apprehensions with respect to the designs of the people in this county to stop the courts of justice were not ill founded. A party of the people on the New-Hampshire grants, strengthened by some persons of desperate fortunes and bad character in the Western Districts, had formed a resolution of abolishing the law, and to effect their purpose, had actually marched on their way to Fort Edward. Yesterday fortnight I had intelli- gence of their design, and by a lucky incident put a stop 72 JOURNAL OF THE COMMITTEE OF SAFETY. to their proceedings, at least for the present. Capt. Mottc, who is the bearer of this was marching his company to join the forces at Ticonderoga, I mentioned to him the in- telligence I had received, and applied to him for his as- sistance. This gentleman coincided with myself in opinion of the absolute necessity there was of keeping up, at least, the shadow of order and justice, and detained his company at Fort Edward in order to protect the bench. The rioters' party getting information of this unlooked for relief, desisted from their attempt. " As Capt. Motte is on his way to your Congress, I es- teem myself bound in gratitude to mention his alacrity in supporting good order within our Province, not doubting that such a line of conduct will recommend him to your attention. I have likewise to submit it again to your con- sideration, whether it might not be proper for the Provin- cial Congress to make public their sentiments with respect to courts of justice. However daring many of the people are in this county, I scarcely imagine they would dare to counteract the avowed opinions of the Congress. It is merely owing to chance and Capt. Motte's conduct that this last court was not broke up ; and should this attempt once succeed, it will not be an easy matter to restore order among a people of so turbulent a spirit ; our county will then be reduced to a worse dilemma than any other ; we shall not only have to oppose the incursions of the enemy on the frontier, but shall be torn to pieces with intestine anarchy and coufusion. I am conscious, from the know- ledge I have of your personal character, of your aversion to such proceedings, and have therefore thought it advisa- ble to write to you on the subject. Your interposition in this matter may save the spilling of blood the next court ; for so long as I know it to be the sense of the country that the courts of justice should be supported, and that I have the honor of sitting as one of the judges, I shall endea- vour to keep them open, even at the risk of my life. " I am, sir, with respect, " Your obedt. humble servt, "WM. DUER. " Fort Miller, June 5, 1775. " To Petek Van Brugh Livingston, Esq. President of the Provincial Congress at New-York." An answer to the letter of William Duer, Esq. was read and approved, and is in the words following, to wit : " Committee of Safety, ~i " For the Colony of New-York, > " July Uth, 1775. S " Sir — We are favoured with your letter of the 5th June, and are to inform you that our Provincial Congress, after having appointed a Committee of Safety, adjourned for a fortnight from this day. When it convenes, we doubt not, they will take into their most mature consideration the matters contained in your letter, which we shall lay before them ; in the mean time, we beg leave to assure you, that we highly esteem and approve of your care and vigilance in keeping open and protecting the last court in your county. We conceive it to be of the utmost import- ance that good order be supported, as internal divisions must prove injurious to the common cause. " We are with much respect, " Sir, your most humble servant. " To William Duer, Esq. one of the Judges of Charlotte." Ordered, That a copy thereof be engrossed, and signed by the Chairman and transmitted. A letter from William Marsh, Esq. and Samuel Rose, the committee of Manchester, in Charlotte county, was read and filed, and is in the words following, to wit : " Manchester, June 28tA, 1775. " Gentlemen — To my great surprise, I found sundry men in our county of Charlotte about to form themselves into a mob to stop the court ; they were from different parts of the county, and we have heard that some in the county of Albany were about to join them ; although many were dissuaded from their proceedings, yet some were on their way to Fort Edward to carry into execution their evil designs; but when they heard that Capt. Motte, from Con- necticut, was at Fort Edward with his company, and Re- member Baker and Robert Cochran, all with an intent to protect the court, gave over their intended expedition. Those men, we think, are mostly debtors, and design to put a period to common law. Therefore we do most humbly pray that a resolve may be made at your honorable board that will encourage and strengthen the well minded and weaken the ill minded, without which we fear we shall fall into the utmost confusion. " Many of our inhabitants were greatly alarmed by the Congress ordering all the cannon to be removed from Ti- conderoga, which would have laid us open to an enemy to the northward ; and in that surprise, called the people together and chose a man to send to the Continental Con- gress, alleging that they feared that some designing men would make an ill use of their names relative to the title of our lands. This last objection seems to weigh heavy in the minds of many, however groundless in the opinion of others. Therefore we do pray your indulgence rela- tive to the return of the association, till we can better unite this people ; all which we shall submit to your wise deliberation, only beg leave to subscribe ourselves your most obedient and humble servants, "WILLIAM MARSH, "SAMUEL ROSE, " Committee, Manchester. " P. S. It it should be necessary to appoint officers for the army in this part, we think Mr. Gideon Brunson and Mr. Potter and Mr. Joseph Lockwood, suitable men and will accept. " To Mr. Peter V. B. Livingston, President of the Provincial Congress, New- York." An answer to the letter of William Marsh and Samuel Rose, was read and approved, and is in the words follow- ing, to wit : " Committee of Safety, ) " New-York, July Uth, 1775. J " Gentlemen — The Congress having adjourned for a. fortnight, and appointed us, during their recess, a Com- mittee of Safety, we have to acknowledge your letter of the 28th June, which advises us of the measures that had been pursued, in order to prevent the holding the courts of justice in your county. We are happy to find they have proved ineffectual, and can assure you that it is the inten- tion of the Congress to assist the civil magistrate in the exercise of his office, and the support of government, as far as may be practicable in our present critical situation. We have no doubt but that the Congress will immediately upon their meeting, enter into a resolution for effecting these salutary purposes. " We are, gentlemen, &c. " Messrs. William Marsh and Samuel Rose." A letter from Abraham Lott, Esq. agent for His Ma- jesty's ships in this port, was read, and is in the words following, to wit : " Gentlemen — Having received a demand from John Collins, Esq. commander of His Majesty's ship Nautilus, now at Sandy-Hook, for " 4,000 pounds bread, 200 pounds butter, 300 " beef, 200 " cheese, 500 " pork, 200 gallons rum, 12 bushels peas, "You will be pleased to signify your opinion, whether or no I shall supply the provisions, &c. pursuant to the demand. I am authorized to assure the honourable the Committee, that the Nautilus is not going to Boston, but to the southward. " I am, gentlemen, " Your most humble servt. " ABRM. LOTT. " To the Honorable the Committee of the New- York Provincial Congress." Ordered, That Abraham Lott, Esq. be at liberty to sup- JOURNAL OF THE COMMITTEE OF SAFETY. 73 ply the quantities of provisions and rum above mentioned to the ship Nautilus for the use of the said ship's company. Col. McDougall on behalf of New-York, and as commis- sioner for Queens county, dissents. Mr. Brasher on be- half of New-York and as commissioner of Suffolk county, dissents. A letter from William Hooper and Joseph Hewes, Esqs. was read, and is in the words following, to wit : " Sir — The committee of this city, a few days ago, transmitted to you an original letter from Gov. Martin to Henry White, Esq. from the contents of which it is very obvious that Gov. Martin has formed designs highly inimi- cal to the friends of America. From authentic information we learn that he is to receive a supply of gunpowder from Gen. Gage, via New-York, and that he has sent from North-Carolina a cutter well armed to receive it. She is a small boat, rigged like a schooner, mounts a few swivels, and is commanded by a Mr. Bridges, the lieutenant of the Tamar man of war ; the vessel we believe was formerly purchased in New-York by a Capt. Vollet. We beg your particular care, in case she should arrive in your port, to take the steps you may think prudent to secure her and her cargo. She is probably to receive the gunpowder from the Asia, or some other man of war lying in your harbour. " We are, sir, with great respect, " Your most obedt. humble servts. "WILL. HOOPER, " JOSEPH HEWES. " Philadelphia, June 8th, 1775." An answer to the letter of William Hooper and Joseph Hewes, Esqs. was read and approved, and is in the words following, to wit : " Committee of Safety, > " New-York, July Uth, 1775. \ " Gentlemen — We have received your lavour of the 8th of the last month, which came to our hands last night. Our Congress have adjourned for a fortnight from this day, and appointed us a Committee of Safety, to act during the recess. We beg leave to assure you, that we will do eve- ry thing in our power relative to the schooner which you have described. " We are, with much respect, gentlemen, " Your most obedt. humble servts. " To William Hooper and Joseph Hewes, Esqs. of Philadelphia." Ordered, That a copy be signed by the Chairman and transmitted. A letter from the Delegates of this Colony, at the Con- tinental Congress, was read, and is in the words following, to wit : " Philadelphia, 6th July, 1775. " Gentlemen — We have the honour of your favour of the 29th of June, accompanying your plan and proceedings respecting an accommodation with the parent state. No- thing could be more interesting or acceptable to us, than a communication of the sentiments and wishes of our worthy constituents on this most important subject; and while we applaud the wisdom of your decisions, we beg you to be assured that they shall command our most earnest and re- spectful attention. " Deeply sensible of the calamities of a civil war, we have nothing more at heart than to be instrumental in com- promising this unnatural quarrel, between the two coun- tries, on the solid basis of mutual justice and constitutional liberty ; and the most strenuous efforts, on our part, shall be exerted with unremitting ardour, to accomplish this sa- lutary purpose. " We acknowledge, with the utmost gratitude, the de- ference you are pleased to pay to our judgment, and your delicacy in leaving us unrestrained in a point, of all others, the most essential to yourselves and your posterity, to the Continent of America, and the whole British Empire ; and happy shall we esteem ourselves, if, in the discharge of 19 this difficult and arduous trust, we shall merit your appro- bation and the confidence of our country. " We have the honour to be, " With the greatest respect, gentlemen, " Your most obedt. humble servts. "HENRY WISNER, " WM. FLOYD, "JOHN JAY, "PHIL LIVINGSTON, "JAS. DUANE, "JOHN ALSOP, " ROBT. R. LIVINGSTON, Junr. " Provincial Congress of New-York. " P. S. We have unanimously agreed to be silent on that article in the plan of accommodation, which asserts ' that no earthly legislature or tribunal ought, or can of right, interfere or interpose in any wise howsoever, in the religious and ecclesiastical concerns of the Colonies; 1 as the inhabitants of the Continent are happily united in a po- litical creed, we are of opinion that it would be highly im- prudent to run the risk of dividing them, by the introduc- tion of disputes foreign to the present controversy ; espe- cially as the discussion of them can be attended with no one single advantage. They are points about which man- kind will forever differ, and therefore should always, and at least in times like these, be kept out of sight. We are the more confirmed in these sentiments by this circum- stance : That both this and the former Congress have cau- tiously avoided the least hint, on subjects of this kind, all the members concurring in a desire of burying all disputes on ecclesiastical points, which have for ages had no other tendency than that of banishing peace and charity from the world. " WM. FLOYD, " HENRY WISNER, "LEWIS MORRIS, "ROBT. R. LIVINGSTON. Junr. "PHIL. LIVINGSTON, "JAS. DUANE, "JOHN ALSOP, "JOHN JAY " 8th July, 1775. " FRANCIS LEWIS. " N. B. The other Delegates are absent." A draft of an answer to the letter of the New- York De- legates, at the Continental Congress, was read and approv- ed, and is in the words following, to wit : " Committee of Safety, 1 " For the Colony of New- York, } "July llth, 1775. ) " Gentlemen — The Congress having adjourned for a fortnight, and appointed us, during their recess, a Com- mittee of Safety, we have the honour of acknowledging the receipt of your letter of the 6th instant. It gives us much pleasure to find that our plan of accommodation has been favoured with your approbation. " We are sorry to inform you that a supply of the arti- cle (which according to your advice of the 31st June,) was to have been sent to the committee of Elizabethtown, has yet not been received, and that the want of it prevents our answering some very pressing demands from the place for which it was ordered to be forwarded. " We meet many difficulties, in carrying into execution the resolutions of your honourable body, from the want of money ; an inconveniency we hope now soon to be reliev- ed from. " We are, gentlemen, yours, &c. " To the New-York Delegates in Continental Congress." A letter from Gov. Trumbull, was read, and is in the words following, to wit : " Hartford, 7th July, 1775. " Sir — I received your letter of the 27th of June last, respecting a quantity of a necessary article which was for- warded by you. I immediately took care to make the ne- cessary provision for its being sent on the way to the place of its destination, where, no doubt, it has arrived before this. " Mr. James Dean, the bearer of this, is a young gen- 74 JOURNAL OF THE COMMITTEE OF SAFETY. tlcman who has lately returned from a mission among the tribes of Indians in Canada. He appears to have made some careful observations of the state of that country, and is able to give some important intelligence. I take the liberty to recommend him to your notice, that he may com- municate his information for your use. " I am, with truth and regard, sir, " Your most obedt. humble servt. "JONTH. TRUMBULL. " Hon. P. V. B. Livingston." An account of the men who went from Manchester to Ticonderoga, and of the money expended by Lieut. Joseph Lockwood, was read and filed, and is in the words follow- ing, to wit : " Manchester, June 10th, 1775. " A list of the men who went from Manchester to Ti- conderoga, under the command of Mr. Joseph Lockwood. " Nathan Smith, sergoant ; John Roberts, Peter Roberts, Abel Saw- yer, Benjamin Bears, William Dye, Christopher Roberts, Garmand Bulley, Thomas Hyneman, Hayns Jery Beamer, Dan Alen, Solomon iioaper, Josiah Brolton, Lemuel Bishop ; lor 15 days service each man. "For cash paid out for expenses, the sum of £4 10s. lOd. " Commanded by me, " JOSEPH LOCKWOOD, Lieut." A letter from Col. Hinman was read, and is in the words following, to wit : " Ticonderoga, July 3d, 1775. " Sir — I would inform you that Lieut. Col. Samuel Motte, who is appointed engineer by the Cdony of Con- necticut, arrived here yesterday. He has taken a survey of the fortresses at Fort George and this place, and is of the opinion that they are altogether indefensible, should an attempt be made with artillery. "Should a number of troops arrive from Canada sufficient to keep the field, a thing not improbable, these posts must, of consequence, fall into their hands. You will, therefore, see the necessity of an augmentation of troops being im- mediately sent, as well as a supply of gunpowder, of which we are almost destitute. The importance of maintaining these posts, for the benefit of your Province in particular, and of the United Colonies in general, is such that no ar- guments need to be used, to enforce the speedy execution of some wise and spirited measures for their defence. " It is my opinion that a sufficient number of troops should be stationed at Fort George, with a constant scout- ing party, in order to prevent any sudden attack from the enemy, and to keep open a safe communication with Alba- ny. I propose forthwith to throw up an entrenchment around the redoubt at Crown Point, in order to render the place more defensible. " My men are daily on fatigue in repairing bridges, mending highways, removing the cannon, and other neces- sary employments ; so that you will readily see how in- adequate my numbers are to the performance of all these duties, with that speed and safety the necessity of the case requires. " I think it absolutely necessary that a captain's company of those intended for this department, with suitable imple- ments, be immediately directed to repair the roads and bridges, in their way to Fort George, since it will be im- practicable for the wagons to pass much longer, in the wretched condition they are in at present, especially that part between Halfmoon and Fort George. " The troops to be forwarded should be furnished with tents, a thing of absolute necessity, inasmuch as the bar- racks are more crowded already than is either for the con- venience or health of the soldiery. " Sundry gentlemen of late have made application to pass these posts, with letters of recommendation from the several Congresses. 1 should therefore think it proper that, the letters they bring with them should Lie certified, as to their number, and to whom directed, in order to prevent the communicalion of any intelligence which might disserve the interest of the United Colonies. Capt. Edward Motte, who will wait on you with this, will give you farther informa- tion to whatever questions you will think proper to ask, as to the state and condition of these fortresses, and will for- ward any commands you will think proper to send. "I am, sir, with respect, "Your very humble servt. " BENJ'N HINMAN, Col." A letter from Elisha Phelps, Commissary at Albany for the Connecticut troops, was read, and is in the words fol- lowing : " Albany, July 7th, 1775. " Hon'd Sir— Received your favour dated June 29th, 1775, on the 6th day of July instant. I also received the stores of provisions in place of Mr. Bleecker, who I was in hopes might have been ordered to purchase provisions and deliver to me to forward. Sir, flour is either very scarce in this city or can not be purchased without money. I have been throughout this city, with the assistance of Esq. Palmer, and could get but twenty barrels ; also have been to Schenectady and could not get but ten barrels there. I am much afraid the troops will suffer if they can not be im- mediately supplied. I wrote by the post to one of the gen- tlemen of the committee for two or three hundred barrels of flour ; should be glad your Honor would see and order as you think proper. Col. Hinman has wrote orders to me for hospital stores, and they can not all be got in this city. Capt. Motte will inform you more particularly. Sir, should be glad to know who in particular to write to for provi- sions, &c. at New-York, that is and will be wanted. " Sir, I am with esteem, your most " Humble servant at command, "ELISHA PHELPS. "To the Honorable P. V. B. Livingston, Esq." A letter from John N. Bleecker, at Albany, was read, and is in the words following, to wit : "Albany, 4th July, 1775. " Gentlemen — I received your letter of the 29th ult. and have, agreeable to your directions, delivered up all the stores and provisions in my care, an account whereof you have enclosed. I can't omit observing that the person in whose care I have left the stores, &c. during my absence did not think himself justified to deliver them without an order from you, especially as it appears by Mr. Phelps' warrant that he is only appointed for one regiment, a copy of which is enclosed. A number of different accounts for provisions and necessaries, purchased as well by me as in my absence, have not yet been delivered in, which pre- vents my transmitting an account at present of the expenses which we have been at, but I shall not fail to render an ac- count in a few days. Five barrels damaged powder from Ticonderoga is sent to Judge Livingston's mill. The gar- rison will be in want of flour very soon, and none to be had here before I delivered up the stores. " I am, gentlemen, your most " Obedient and most humble serv't. "JOHN N. BLEECKER. "To P. V. B. Livingston, Esq." The account of provisions and stores, and also the ap- pointment of Elisha Phelps, mentioned in Mr. Bleecker's letter were also read and filed. A letter from Burnet Miller chairman of the committee of South-Hampton, was read, and is in the words follow- ing, to wit : "South-Hampton, July oth, 1775. "Gentlemen — The committee of East and South-Hamp- ton, taking into their serious consideration the remote situ- ation from the head-quarters at New- York, and much ex- posed to the ravages of our unnatural enemy at this day, with regard to our stock in our common field at the Point of Montauck, it being remote from the inhabitants, where any number may land, and at pleasure take away our slock which is large, not less than two thousand neat cattle and three or four thousand sheep, which if taken away would JOURNAL OF THE COMMITTEE OF SAFETY. 75 greatly distress us and give them support, which we would by no means do. " Now considering our situation we request your Hono- rable House to petition Gen. Schuyler that a number of troops be stationed at Montauck, and that the company now raising here may be a part, until a matter of more im- portance shall call them away. We are of the opinion that our inhabitants would do what in them lies to give as- sistance in case an attempt should be made to take off the stock ; but the distance of the inhabitants is 1 8 or 20 miles ; and as Gardner's Island lies adjacent, and is much exposed ; also Shelter Island, Plumb Island and Oyster Pond Point, we think a number of whale boats would be proper to em- ploy, that assistance may be given from one part to the other. We have a number of boats that are of no use in this season, that might be got for the design, if the General should think proper to order troops at this part of the island, which we humbly petition may be done, &c. " I am, gentlemen. " By order of the committee. "BURNET MILLER, Chairman. " To the Provincial Congress, now sitting at New- York." A letter from Joseph Johnson an Indian preacher to the Mohegan tribe, bearing date the 5th day of July instant, was read and filed. A petition of Samuel Faulkenham and David Woolhaup- ter, praying to be employed in making drums and fifes, was read and filed. Peter Herring being brought before the committee, Gen. Wooster charged and accused him of being aiding and as- sisting to one Lundin yesterday evening in making his es- cape from the confinement he was under by order of the Continental Congress. Several witnesses were examined as to the charge, in the presence of the said Peter Herring. Resolved, That it fully appears to this committee, by the testimony of several witnesses, as also by the exami- nation and confession of Peter Herring, of the city of New- York, that he, the said Peter Herring, was aiding and as- sisting to one Lundin, yesterday evening, in making his escape from the confinement he was in, by order of the Continental Congress ; and the said Peter Herring assisted him to get on board the Asia man of war, and was the means of gelling him on board of the said ship. Resolved and ordered, therefore, That the said Peter Herring be sent, under such guard as Gen. Wooster shall appoint, to Connecticut, to be there confined in close goal, at the Continental charge, until he shall be thence discharg- ed by the Continental Congress. A letter from Henry B. Livingston, Esq. informing that he accepts of the warrant sent him for the commission of a captain, and has begun to enlist his men, was read and filed. At a meeting of the Committee of Safety on Wednes- day the 12th day of July, 1775. Present — Henry Williams, Esq. Chairman and Representee from Kings. Peter Van Brugh Livingston. Col. McDougall, Col. Lispenard — A'eio- Tork. Jonathan Langdon — Dutchess. Egbert Dumond and Christopher Tappen— Ulster. David Pye — Orange. Abraham Brasher — Suffolk. Richard Lawrence — Richmond. Col. McDougall — Queens. Peter Van Brugh Livingston — Tryon. A letter from Capt. Andrew Billings, at Poughkeepsie, setting forth his having enlisted 72 men, and that he waits for directions how to proceed. Ordered, That a letter be wrote and forwarded to Capt. Billings, diiecting him to inform Col. Clinton of the pro- gress he has made, and to put himself and his company under his command, and follow his directions. Ordered, That Col. McDougall have such arms as are or may be provided for his regiment, reduced to the length of the King's muskets, and that he have steel ramrods, made for such of them as have not already steel ramrods ; and ordered that every gunsmith in the city of New- York, on application to him made for that purpose, do immedi- ately make such alterations, repairs and ramrods for the said muskets, as shall be directed by Col. McDougall, or his order, in preference to any other work or business what- soever. Ordered, That Mr. Brasher wait on his worship the Mayor of the city of New- York, and request him to get a just estimate made of the value of the muskets and bay- onets, the arms of the corporation of the city of New- York, and to have the same delivered in to this Committee, or the Provincial Congress, in order that so many of them as may be appropriated for the use of the Continental army, may hereafter be restored, or the value of them accounted for to the corporation. Resolved and ordered, That Mr. Peter T. Curtenius be requested to purchase Russia drilling, sufficient to make one thousand five hundred waistcoats, and as many pair of breeches, and have them made up ; and that he also pur- chase as much low priced linen as will make three thou- sand shirts, and get that number of shirts made ; that he purchase one thousand five hundred hats, one thousand five hundred pair of shoes and three thousand pair of coarse woollen homespun knit hose ; that he also purchase a cheap and proper linen, or other material, sufficient to make three thousand cravats. Ordered, That Egbert Dumond, Esq. wait on Abraham Lott, Esq. Treasurer of this Colony, and obtain from him an order on the loan officers of the county of Ulster, for a sum of money, now in their hands, to be applied for the public exigencies of the Colony ; and that Mr. Dumond, for the present, give his note, or obligation, to the Trea- surer for such order, or the amount of the sum to be there- in mentioned, until the same shall be repaid, or farther se- curity given for the same. And, Ordered, That Mr. Dumond, when he has received such money from the loan officers, pay for the flour which he formerly purchased and sent to Albany, and the expenses attending the same, and that he expend the residue of the said money in flour, and forward the same to Albany ; and that Mr. Dumond return an account to the Provincial Con- gress of the sum he shall have so received, and of his ex- penditure thereof, that the same may be repaid when the Continental money shall come to hand. The Committee adjourned to 5 o'clock, P. M. 5 ho. P. M. Wednesday, July \2th> 1775. The Committee met pursuant to adjournment. Present — Peter Van Brugh Livingston, Col. McDougall, Abraham Brasher — New-York. Jonathan Langdon — Dutchess. Egbert Dumond — Ulster. David Pye — Orange. Abraham Brasher— Suffolk. Richard Lawrence — Richmond- Col. McDougall — Queens. Peter Van Brugh Livingston — Tryon. Mr. Henry Williams being absent, David Pye, Esq. was unanimously elected Chairman pro tempore. An answer to the letter of Col. Hinman of the 3d inst. was read and approved, and is as follows : " Committee of Safety, 1 " For the Colony of New- York, S " July 12th, 1775. > " Col. Hinman, " Sir — We acknowledge the receipt of your fa- vour of the 3d of July, instant. In answer thereto we beg leave to inform you that Gen. Schuyler has proceeded to 7t> JOURNAL OF THE COMMITTEE OF SAFETY. the northward ; we shall forward a copy of your letter to him without delay, and we have the highest confidence that, on your application to him, he will make every arrange- ment in stationing the troops at the different posts you , mention, that will be for the general defence of the United , Colonies. "The troops of this Colony to be forwarded, will be , furnished with tents. " We shall pay a particular attention to what you men- tion, as to the letters in custody of any gentleman, who may hereafter obtain a pass from this Congress. " By order, " DAVID PYE, Chairman P. T." Ordered, That a copy thereof be engrossed, and signed by the Chairman pro tempore, and sent by Mr. Motte. Ordered, That Mr. Curlenius purchase and send to Al- bany, to the care of Elisha Phelps, commissary at Albany, for the Connecticut troops, the following necessaries as hospital stores, to wit : 3 quarter casks of Madeira wine, 3 quarter casks of claret, 3 casks of raisins, to be cased in tight casks, 12 kegs of oatmeal and 6 kegs of pearl barley. An answer to the letter of Elisha Phelps, of the 7th in- stant, was read and approved, and is as follows : " Committee of Safety, } " For the Colony of New-York, > -" July 12th, 1775. ) " Sir — We have before us your favour of the 7th in- stant, and are to inform you that a quantity of flour has been ordered up to Albany, in different parcels, which we doubt not will come to your hands in due time. We will give the proper orders about those hospital stores, which you inform us are not to be obtained in Albany, and have them forwarded. " We are sir, your humble servts. " By order. " Mr. Elisha Phelps, Commissary at Albany." Ordered, That a copy thereof be signed by the Chair- man pro tempore, and sent by Mr. Motte. A draft of a letter to the Delegates from this Colony at the Continental Congress, was read and approved of, and is in the words following : " Committee of Safety, } " For the Colony of New- York, > " July 12th, 1775. ) " Gentlemen — We beg leave for your information, to enclose you a copy of the instructions and warrant, which we have given to the officers employed in raising our troops. We have formed an arrangement of the 3,000 men, (exclusive of the Green Mountain Boys,) which the Continental Congress have ordered us to raise, into 4 bat- tallions, of 750 men each, including their officers, and would be glad to be informed what their pay is to be. We are at a loss about this matter, because the accounts we have of the pay of the Colonies of Massachusetts, Con- necticut and Rhode Island, differ so as to reduce us to an uncertainty, which we could wish to have removed. We think, with submission, it would have a tendency to pro- mote the service, if our levies could be informed of the quantum of their pay. We have reason to believe that the four battalions will be completed soon, but are sorry to inform you that we have no powder for them when raised. " We are, yours, &c. " To the New-York Delegates at the Continental Congress." Ordered, That a copy be signed by the Chairman, and transmitted by the first opportunity. Ordered, That Mr. Curtenius be requested from time to time, to purchase such quantities of straw for the use of the troops of Col. McDougall's regiment, as Col. Mc- Dougall may think necessary. A draft of an answer to the letter of Burnet Miller, chairman of the committee of East and South-Hampton, was read and approved of, and is in the words following, to wit: " Committee of Safety, i " For the Colony of New-York, S " July 12th, 1775. ) " Gentlemen — We are favoured with your letter dated South-Hampton the 5th instant, signed by Mr. Miller, Chairman of the committee of East and South-Hampton, and are to inform you that we will forward a copy of the same to Major General Schuyler to whose consideration we must refer your request. " We are, with much respect, gentlemen, " Your most obedient humble servants, " By order. " To the Committees of East and South-Hampton." Ordered, That a copy thereof be signed by the Chair- man and transmitted. The Committee adjourned to 9 o'clock to-morrow morn- ing — Thursday. THURSDAY, 9 ho. a. m. July Vith, 1775. The Committee met pursuant to adjournment. Present— Henry Williams Esqr, Chairman and Commissioner for Kings county. Peter Van Brugh Livingston, Col. McDougall, Abraham Brasher — New-York. (Isaac Low, Joseph Hallett, Jacobus Van Zandt. James Beekman, Samuel Verplanck, John Van Cortlandt.) Gouverneur Morris — Albany. Jonathan Landon — Dutchess. Egbert Dumond — Ulster. David Pye — Orange. Abraham Brasher — Suffolk. Governeur Morris — Westchester. Richard Lawrence — Richmond. Col. McDougall — Queens. Peter Van Brugh Livingston — Tryon. A letter from Stephen Ward and Joseph Drake inform - ing that Nehemiah Marshall nominated a second lieute- nant in Westchester county, had declined the service and recommending Samuel Tredwell Pell in his stead, was read and filed with the warrant formerly issued. Ordered, That a warrant be made out for the said Sam- uel Tredwell Pell, in the place and stead of the said Ne- hemiah Marshall. Col. McDougall applied to the committee for an order to Mr Curtenius to furnish the following articles for the armourers of the first regiment, viz : 150 steel rods, 150 bell pipes, 12lb. sheet brass, lib. of borax, 4 dozen of dif- ferent sorts of files, 6 rasps, 4lb. emery, 6lb. glue, 25lb. of steel, 2lb. binding wire, 25lb. of iron, 2lb. of spelter solder, 1 glue pot, 1 grindstone, 1 oil stone, 2 small hand vices, 6lb. of coarse wire, 1 small screw plate and taps. Ordered, That Mr. Peter T. Curtenius purchase the before mentioned articles and furnish or deliver them to Col. McDougall, or his order. A letter from Hezekiah Howell, chairman of the com- mittee of Cornwall precinct, giving information that Ste- phen Howell, of that precinct, who was appointed a se- cond lieutenant, had declined the service was read, and a letter from the said Stephen Howell declaring his resigna- tion of his warrant, was also read and filed ; and the said committee of Cornwall precinct, by their letter, having warmly recommended Jonas Bellows to be a second lieu- tenant in the place of the said Stephen Howell. Resolved and agreed, That a warrant be signed by the President of this Congress, and delivered to the said Jo- . nas Bellows for his use, as soon as the warrant to Stephen Howell is returned. A letter from Walter Spooner, chairman of a committee at Springfield, Massachusetts Bay, was read, and is in the words following, to wit : "To the Honourable, the President and Members "of the convention of the Colony of New- York. " Gentlemen — Notwithstanding the many calamities JOURNAL OF THE COMMITTEE OF SAFETY. 77 that the Colony of the Massachusetts Bay, now struggles under ; the Congress there are resolutely determined to leave nothing within their power undone which may have a probable tendency to preserve the rights and property of the American Colonies. In puisuance of this resolution, they on the fourteenth day of June last, appointed a com- mittee whereof I have the honour to be chairman, to pro- ceed to Ticonderoga and Crown Point, to inquire into the importance of holding those posts, and among other things respectfully to signify to you their thoughts on the subject. " The committee have made those inquiries, as they were directed, and have ordered me to lake leave to inform you, that it is their opinion, that should the fortresses on Lake Champlain fall into the hands of our enemies, the Colony of New-York with the New-England Colonies must be in the utmost insecurity, for the enemy might land at the southern end of a part of the waters of Lake Cham- plain, called South Bay ; from whence, as Fort Edward is razed to the foundation, there is nothing to check them or prevent their spreading fire and devastation down to Alba- ny, and over all the frontier towns eastward, in New-York and the New-England Colonies. " Wherefore it is the opinion of the committee, that all possible care ought to be taken to keep the command of Lake Champlain, which, perhaps, may be more easily effected by armed vessels of various constructions, than otherwise. " The committee has established on the lakes, in the pay of the Massachusetts Colony, four hundred effective men with proper officers, which are all that the distressed state of the Colony can at present admit of ; which regiment, from the peculiar embarrassment which that Colony is now labouring under, must look for present supplies of provi- sions to the Colony of New-York. "While the committee was at the posts above mention- ed, there was a dangerous meeting set on foot by some persons employed by Col. Arnold, an officer of our Colo- ny, who appeared to have their own interest more at heart than the public good ; which, had it not been for the influ- ence and well timed exertions of Judge Duer, a gentleman of the county of Charlotte in your Colony, and the prin- cipal officers of the Connecticut forces, might have been attended with fatal consequences. As the committee sup- pose the Colony they serve, to be under great obligations to that worthy gentleman, they cannot but inform his own Government of his zealous exertions for the public good. " I am, with due respect, in behalf of the committee, " Your most obedient, humble servant, "WALTER SPOONER. "Springfield, July 3d, 1775." A draft of a letter to Major-General Schuyler to cover a copy of Col. Hinman's letter, was read and approved, and is in the words following, to wit : " Committee or Safety, j) '•' For the Colony of New-York, > "July 13th, 1775. ) " Sir — We beg leave to enclose you a copy of a letter from Col. Hinman, which we received yesterday. " We have, in substance by our answer, informed him that we would forward a copy of his letter to you, and that we have the highest confidence that, on his application, you mill make every arrangement in stationing the troops at the different posts mentioned in his letter, that would be for the general defence of the United Colonies. " We arc, Sir, " Your most obedient servants, " By order, &c. '•' Major-General Schpyleb." Ordered, That a copy thereof be signed by the Chair- man, and together with a copy of Col. Hinman's letter, be transmitted by the first conveyance. Alderman Matthews and Alderman Brewerton, applied to the committee and delivered a letter from Capt. Van Deput of His Majesty's ship Asia to Governor Tryon, 20 complaining that one of his boats is brought on shore and the crew detained prisoners; and the committee being in- formed that the boat's crew are prisoners in Gen. VVooster's camp ; and also, that His Majesty's store near Hudson's river was broken open during last night, and divers effects carried away from thence by violence ; Ordered, That Samuel Verplanck, Isaac Low and Go- verneur Morris, Esqs. be a sub-committee from this com- mittee, to wait on Gen. Wooster, in order to make inquiry and to receive information on those subjects, and also to give such directions therein as they shall think proper, that right may be done without delay. Thereupon a draft of a letter to Gen. Wooster was read and approved, and is as follows : " Committee of Safety, i " For the Colony of New-York, } " July 13th, 1775. ) " Sir — Complaint has been made to our board, that a boat belonging to His Majesty's ship Asia has been drawn on shore, and the boat's crew detained as prisoners, at your camp ; and also, that His Majesty's store house near Hud- son's river was, during last night, broken open, and divers effects carried away from thence by violence. It is alleged that some of the troops under your command, have been concerned in both those acts. " We have, therefore, appointed Samuel Verplanck, Isaac Low and Governeur Morris, Esqs. a committee from our Board to wait on you, in order to make inquiry and receive information on those subjects ; and also, to give such directions therein as they shall think proper, that right may be done without delay. " We are, sir, your humble servts. " By order of the committee. " Major-General Wooster." Ordered, That a copy thereof signed by the Chairman, be delivered to the sub-committee. Doctor Samuel Bard at his request was admitted, and informed the committee that he had received some dis- agreeable language from some of his fellow citizens, for receiving and attending the sick mariners from his Majes- ty's ships, and requested to know whether it is the sense of this committee that his acting as physician for the sick mariners is inconsistent with the conduct and duty of a good citizen under the present circumstances of this Co- lony. Doctor Baid further declared that he had been par- ticularly careful not to receive any patients from the ships with any infectious disorders. But that if it is the sense of this committee that he ought not to attend such sick mariners, he is ready to resign his office. Rtsolved, That Doctor Bard's conduct is fully consis- tent with the conduct and duty of a good citizen ; and he is requested not to suffer any patient to be brought into his hospital with any infectious disorders, particularly the smallpox. Mr. Low, from the committee who waited on Gen. Wooster, reported that Gen. Wooster informed them, that the matter of complaint relating to the boat and boat's crew belonging to the ship Asia, had arose through some mis- take of the master of the Connecticut armed schooner. That he had ordered the boat to be restored, and sent a party to put her in the water, and that the boat's crew he had discharged as soon as he heard of their being detained. That as to the effects brought to his camp last night, he had ordered them to be taken care of, and that they are preserved under a guard ; that they were brought there by some persons without his knowledge or directions ; that one Brasher informed him that Col. Ritzma had desired him to to receive and protect those effects ; and, therefore, he had set a guard over them, and they were ready to be delivered to the owner, or to the order of this committee. The Recorder and Aldermen Brewerton and Matthews, were called in, and they informed the committee that the boat belonging to the Asia man of war is burnt. Whereupon the committee made the following order. Whereas, Information hath been given to this com- 78 JOURNAL OF THE COMMITTEE OF SAFETY. mittee by some of the civil magistrates of the city of New- York, that an attack was made without provocation, upon a boat belonging to his Majesty's ship Asia, and the boat wantonly destroyed ; and also that the house and stores of Mr. Francis Stevens, have been violently broken open and robbed of private property, and military stores taken from thence: And Whereas the said magistrates have request- ed the advice of this committee in the premises, Ordered, That it be recommended to the civil magis- trates, to examine strictly into the several matters and things above mentioned, and to punish all persons who are guilty of perpetrating the same, as the law directs ; and that it be, and hereby it is, recommended to all the citizens and others to aid and assist the magistrates in the execution of their offices. Ordered, That the foregoing order be published in hand- bills, and distributed. The committee adjourned to to-morrow morning, 9 o'clock. DIE VENERIS, 9 ho. a. m. July Uth, 1775. The Committee met pursuant to adjournment. Present — Henry Williams, Esq. Chairman and Commissioner for Kings county. Peter Van Brugh Livingston, Esq. Col. Lispenard, Col. McDougall, Jacobus Van Zandt, Abraham Brasher — For New-York. Governeur Morris — Albany Jonathan Landon — Dutchess. Egbert Dumond — Ulster. David Pye — Orange. Abraham Brasher — Suffolk. Governeur Morris — Westchester. Richard Lawrence — Richmond. Col. McDougall — Queens. Peter Van Brugh Livingston — Tryon. Stephen Seaman and Obadiah Seaman attending at the door, were called in and gave the committee such informa- tion, as affords great reason to suspect that George Youngs and his son, and Capt. Brush and one Conklin, all of Hun- tington, are concerned in shipping provisions to supply Gen. Gage's fleet and army. Short notes of their exami- nations were taken and filed. Thereupon a draft of a letter to John Sloss Hobart, Esq. was read and approved of, and is in the words following, to wit : " Committee of Safety, ) " For the Colony of New- York, > July Uth, 1775. ) " Sir — We have received such information as gives us great reason to suspect, that one George Youngs and his son, and one Capt. Brush and one Conklin, all of or near Huntington, are concerned in shipping provisions in such manner as that they must inevitably serve to supply Gen. Gage's fleet and army at Boston. " We enclose you notes taken from two witnesses on that subject. " We need not suggest to you that it is incumbent on those people to show where they have unloaded their for- mer cargoes, and where they are now going ; and that they have complied with the association without fraud. " We have the highest confidence that your committee will exert themselves on this occasion. " We are respectfully, sir, " Your humble servants. " By order. " To John Sloss Hobakt, Esq." Ordered, That a copy thereof be engrossed, signed by the Chairman, and together with a copy of the examination of Obadiah and Stephen Seaman, be transmitted by the first conveyance. Ordered, That Mr. Peter T. Curtenius be desired to purchase three hundred barrels of pork, and forward the same to Albany ; and that he forward a complete set of tents to Col. Rooseboom, at Albany, sufficient for one re- giment, and inform this committee when those tents are ready and forwarded. A memorial of John Sparding, bearing date at Ticonde- roga Landing, on the first of June, was read and filed. The memorialist sets forth the great trouble and pains he had taken to forward the service there, with boats and teams, and his ability to perform the same ; also sets forth that seventeen pounds are due him for his services. That the agents now refuse to employ his teams; that he is likely to be a great sufferer ; and prays the same may be taken into consideration. A letter to the said John Sparding was thereupon read and approved of, and is in the words following, to wit : " Committee of Safety for the Colony of New-York, ) " During the recess of the Provincial Congress, > July Uth, 1775. ) " Sir — This morning Mr. Peter T. Curtenius presented your memorial, which was immediately read and taken in- to consideration. " Gen. Schuyler, who has the command of the northern posts, is now there ; to him we must refer you, and doubt not but that he will redress your grievances ; and such ac- counts as he shall recommend for payment, we presume will be honored by the Provincial Congress. " We are, sir, " Your friends and humble servants. " By order. " To Mr. John Sparding, at Ticonderoga Landing." Ordered, That a copy thereof be engrossed, and signed by the chairman, and transmitted. Ordered, That Col. McDougall, Capt. Anthony Rutgers and Mr. Samuel Tudor be authorized to purchase old cop- per, brass, and other materials for casting a brass field piece, at such prices as they can obtain the said materials. A letter from John Grennel, of Huntington, was read and filed. Mr. Grennel. by his letter, informs that Wil- liam Phillipse and Philip Concklin, who were nominated his subalterns, from their particular circumstances decline the service. He recommends Mr. Samuel Smith, of Smith Town, for first lieutenant, and Alexander Ketchum, of Huntington, for second lieutenant. He also farther in- forms that several stand ready to enlist, and have arms, ammunition and blankets. Agreed and Ordered, That warrants be issued for Samuel Smith and Alexander Ketchum, as subalterns under John Gren- nell. Mr. Abraham Van Wyck having declined serving in the troops as a captain, and two days ago returned his warrant; and Mr. David Lyon, of Elizabeth Town, in New-Jersey, having offered his services, with a complete company of men by him enlisted ; Ordered, That the said David Lyon be taken into ser- vice as a captain in the first regiment, in the stead of the said Abraham Van Wyck, and that a warrant be issued to him accordingly. A draft of a letter to Mr. John Grennell was read and approved of, and is in the words following, to wit : " Committee of Safety for the Colony of New-York, 1 " In the recess of the Provincial Congress, " July Uth, 1775. ) " Sir — Your favour of the eleventh instant is now be- fore us. We have attentively perused it, and from the great confidence we place in you, sir, and a firm reliance that you have recommended gentlemen fit for the trust to be reposed in them, we have enclosed warrants for them. " We recommend to you, sir, to make all possible de- spatch in enlisting your men, and to pay a particular atten- tion to their health, strength and abilities. " By a resolve of our Congress, the men you enlist will be allowed for the use of their arms, if they are approved of by the muster-master, armourer and field officers of the regiment as good and fit for service. As to the blankets JOURNAL OF THE COMMITTEE OF SAFETY. 79 and other matters you mention, we are not at present in a condition to advise. " We are, sir, your very humble servants. " By order of the committee. " To Capt. John Grenneix, at Huntington." Ordered, That a copy thereof be engrossed and signed by the Chairman and transmitted with the warrants therein mentioned enclosed. The Committee adjourned to 9 o'clock to-morrow morn- ing. DIE SABBATI, 9 ho. a. m. My 15th, 1775. The Committee met pursuant to adjournment. Present— Henry Williams, Esq. Chairman, Commissioner for Kings county. Peter Van Brugh Livingston, Esq. Col. Lispenard, Col. McDougall and Abraham Brasher — For New-York. Gouverneur Morris — ilbany. Jonathan Landon — Dutchess. Egbert Dumond — Ulster. David Pye — Orange. Abraham Brasher — Suffolk. Gouverneur Morris — Westchester. Richard Lawrence — Richmond. Col. McDougall — Queens. Peter Van Brugh Livingston— Tryon. A letter from Gen. Schuyler, of the eleventh of July inst. was read and filed, and is in the words following, to wit : " Sir — The person that commanded the sloop on Lake Champlain has left her. It is more than probable that I shall not be able to procure at Ticonderoga such a person as I should wish to command her. I entreat you, there- fore, to send me, with all possible despatch, a person fit to confer such an important command upon. You will please to transmit me an account of the agreement you may enter into with him. "You will please to observe that I have ordered one hundred fat cattle from Connecticut, and five hundred bar- rels of flour to be purchased here, as part of the estimate I gave in to you at New- York. " The powder from Pennsylvania is not yet arrived ; please to forward it by the first opportunity. " I am, sir, your most obedt. humble servt. "PH. SCHUYLER. "Albany, July Uth, 1775. " P. S. Please to forward the packet that will be de- livered you to Mr. Hancock, by a safe hand. " To Petek V. B. Livingston, Esq. President of the New-York Provincial Congress." A letter from Gen. Schuyler, of the twelfth of July inst. was read and filed, and is in the words following, to wit : "Albany, July 12th, 1775. " Dear Sir — The troops to the northward are so few and under so little discipline that I begin to be apprehen- sive of consequences should Gov. Carlton make an at- tempt. I must therefore entreat you to send up all such as may be raised in this Colony without delay, with such camp equipage as may be ready ; the remainder must fol- low. If the entrenching and other tools, which I desired might be sent up, have not yet left New-York, pray let them be forwarded by the very first opportunity, as we stand in great need of them. " I am, sir, your most humble servant, " PH. SCHUYLER. " To Peter V. B. Livingston, Esq. President of the New-York Provincial Congress." Ordered, That Peter Van Brugh Livingston, Esq. Treasurer of the Provincial Congress of New-York, pay into the hands of Col. McDougall the sum of three hun- dred pounds, out of the moneys he shall receive from the general committee of association for the city and county of New- York. A draft of a letter to the New-York Delegates at Phila- delphia, to accompany copies of two letters received this day from Gen. Schuyler, was read and approved of, and is in the words following, to wit : " Committee of Safety for the Colony of New-York, 1 " During the recess of the Provincial Congress, S " July 15th, 1775. ) " Gentlemen — We enclose you the copies of two let- ters from Gen. Schuyler. In addition, we must observe to you our enlisted men grow uneasy for want of money, which prevents the enlistment of others. " We have no arms, we have no powder, we have no blankets. For God's sake send us money, send us arms, send us ammunition. Burgoyne we learn is gone to Que- bec. If Ticonderoga is taken from us, fear, which made the savages our friends, will render them our enemies. Ravages on our frontiers will foster dissensions among us ruinous to the cause. Be prudent, be expeditious. " We are, gentlemen, yours, &c. " P. S. You will observe, gentlemen, that Peter Van Brugh Livingston is our Treasurer until an appointment by your Board. We hear from good authority, that Col. Guy Johnson is at Oswego with 1,000 or 1,200 Indians, (men, women and children) and that they have plenty of pro- visions. We should be glad to have the blank commis- sions for the officers sent forward to us." Ordered, That a copy be signed by the Chairman and transmitted, together with copies of Gen. Schuyler's let- ters, by Joseph Stevens, a messenger. A draft of a letter to Maj. Gen. Schuyler, in answer to his two letters received this day, was read and approved, and is in the words following, to wit : " Committee of Safety for the Colony of New-York, ) " During the recess of the Provincial Congress, > " July 15th, 1775. ) " Sir — We have received your letters and written to the Continental Congress on those subjects. We shall, with all despatch, send the officer you mention. We have already ordered to Albany tents for one regiment. Our troops can be of no service to you ; they have no arms, clothes, blankets or ammunition ; the officers no commis- sions ; our Treasury no money ; ourselves in debt. It is in vain to complain ; we will remove difficulties as fast as we can, and send you soldiers whenever the men we have raised are entitled to that name. The entrenching tools shall be sent soon, some immediately, and all the pork that can be had, about 100 barrels ; use, we pray you, the bad troops at Ticonderoga as well as you can. " We are, very sincerely, " Your countrymen and friends. " P. S. General Burgoyne has not been seen in Boston since the 17th ult. and it is currently reported and believed that he is gone to Quebec. " To Maj. Gen. Schuyler." Ordered, That a copy thereof be signed by the Chair- man and transmitted. Ordered, That William Elphinstone, Esq. have liberty to use two rooms in the lower barracks. A letter from Gen. Wooster was read, and is in the words following, to wit ; " Camp near New-York, July loth, 1775. " Sir — Having found by experience, that the troops under my command, from the situation of their encamp- ment, are subjected to many difficulties, which render it next to impossible to maintain that good order and disci- pline which is entirely necessary in the regulation of an army, my officers agree with me in sentiment, that it will be much for the benefit of the service to remove the troops to a farther distance from the town. I have viewed a plat of ground belonging to Mr. Sickle, of Harlem, which I think very proper for an encampment, and which he is willing should be made use of for that purpose. I there- 80 JOURNAL OF THE COMMITTEE OF SAFETY. fore desire you to take the opinion and advice of the Com- mittee of Safely, and if they think proper, I shall be obliged to them if they appoint somebody to contract with Mr. Sickle for the place and assist us with wagons, carts, &c. that we may remove next Monday. " I am, sir, with the greatest esteem, Your very humble servant, DAVID WOOSTER, Maj. Gen. " To the Chairman of the Committee of Safety, New-York." Ordered, That Mr. James Beekman be appointed com- missioner to agree with Mr. John Sickles for his field at Harlem for the use of the troops under the command of Gen. Wooster to encamp on. Ordered, That Mr. Van Zandt be appointed commis- sioner to agree with and employ as many cartmen as may be necessary for transporting the camp equipage of Gen. Wooster's troops to Harlem. Thereupon a letter to Gen. Wooster was read and ap- proved, and is in the words following, to wit : " Committee of Safety for the Colony of New-York, ) " During the recess of the Provincial Congress, > " July Ibth, 1775. ) " Sir — Mr. James Beekman is appointed commissioner to treat with John Sickles for his ground at such rate and time as he shall think proper. Be pleased to furnish him with the dimensions of the spot and the use to which it is to be applied in entrenching, &c. " Mr. Jacobus Van Zandt is commissioner to provide carriages for your tents, baggage, &c. Be pleased to in- form him how many carts are necessary. " We have thought proper to defer your march until Tuesday morning, in as much as the time would not other- wise have permitted our commissioners to make the ne- cessary arrangements. " We are sir, your most obt. humble servts. " To General Wooster. Ordered, That a copy thereof be engrossed, signed by the chairman, and sent by Gen. Wooster's officer now in waiting. Gen. Schuyler having by his letter of the eleventh instant requested this Committee to appoint, a proper person to command the Sloop on Lake Champlain and send him up with all convenient speed, and Capt. Patrick Dennis being sent for to confer with on the subject, recommended Capt. James Smith for the above service. Capt. James Smith attended and expressed his great willingness and cheerfulness to undertake that service, and is thought by this Committee to be a very proper person. " Thereupon a draft of a warrant to the said James Smith was made and approved, and is in the words follow- ing, to wit : " Committee of Safety for the Colony of New-Fork, } "During the recess of the Provincial Congress, > " July \bth, 1775. ) " Mr. James Smith — " You are hereby appointed captain of an armed vessel in the Continental service. You will receive the pay of a major in the service of the Continental forces, and to take your orders from Major-Gen. Schuyler or other command- ing officers of the Continental troops for the time being. The General will designate the vessel you are to com- mand, and you will receive a commission from the Conti- nental Congress. " By order of the Committee." Ordered, That a copy thereof be engrossed and signed by the chairman, to be delivered to the said James Smith. A draft of a letter to Gen. Schuyler to be delivered by the said James Smith, was read and approved of, and is in the words following, to wit : " Committee of Safety for the Colony of New-York, 1 " During the Recess of the Provincial Congress. > " July loth, 1775. ) " Sir — The bearer of this letter is James Smith, a gen- tleman of excellent character as a sea officer, who willing- ly undertook the command, refusing a ship he was offered, and left it to us to settle his pay, &c. We agree to a ma- jor's pay, and at the same time we submit it to you whether he will not be entitled to that rank in the Continental ser- vice. " We are sir, your very humble servts. " To Major-Gen. Schuyler." Ordered, That a copy thereof be signed by the chair- man and transmitted by the said James Smith. Agreed and Ordered, That Herman Zedwilz shall be major, and is hereby appointed major of the first regiment of the troops now raising in this Colony. The Committee adjourned till 9 o'clock to-morrow morning. DIE SOLIS, 9 ho. a. m. July 16th, 1775. The Committee met pursuant to adjournment, but not having any business absolutely necessary to be done this day, they adjourned to 9 o'clock to-morrow morning. At a meeting of the Committee of Safety for the Colo- ny of New-York, July 17th, 1775, Monday, 9 o'clock A. M. Present — Henry Williams, Chairman, and Commissioner for Kings county. Peter Van Brugh Livingonst,Col. Lispenard, Col. McDougall, Abra- ham Brasher — New-York. Governeur Morris — Jllbany. Egbert Dumond — Ulster. David Pye — Orange. Abraham Brasher — Suffolk. Governeur Morris — Westchester. Col. McDougall — Queens. Peter Van Brugh Livingston — Tryon. Mr. Samuel Broome having declined the commission of a captain in the first battalion of the troops now raising in this Colony, Ordered and agreed, That Benjamin Ledyard be ap- pointed captain in the stead and place of the said Samuel Broome. A draft of articles of agreement between the committee appointed to procure lock-smiths to make gun locks, of the first part, and Thomas Blockley of the second part, for the importation of artificers, was read and approved of, and is in the words following, to wit : Articles of agreement made and concluded this seventeenth day of July, one thousand seven hundred and seventy- five, between Leonard Lispenard, Joseph Hallett, Ja- cobus Van Zandt and Alexander McDougall of the city of New-York, Esquires, on behalf of the Provincial Congress of the Colony of New-York of the first part, and Thomas Blockley now in New-York, and intend- ing speedily to go to Britain, of the second part : First ; the said Leonard Lispenard, Joseph Hallett, Ja cobus Van Zandt and Alexander McDougall, on behalf of the Provincial Congress of the Colony of New-York, do authorize and request the said Thomas Blockley to procure ten good artificers in the gun-smiths' and lock-smiths' bu- siness, to wit : lock-smiths, good workmen in the trade and business of making musket or gun locks, and other good workmen at the trade and business of forging, weld- ing and making gun barrels, and other good workmen at the trade and business of boring gun barrels ; in the whole, ten artificers in number, to come to the Colony of New-York, to dwell and reside, and there to carry on their respective trades and occupations. And the said parlies of the first part, do request and authorize the said Tho- mas Blockley to advance to each of the said workmen, two guineas, to defray the expense of their removal from their respective places of abode, on board of the ship in which they shall come as passengers. JOURNAL OF THE COMMITTEE OF SAFETY. And the said parties of the first part, do covenant and | agree to and with the said Thomas Blockley, to repay to him or his order, such sums of money as shall be so by him advanced to the said workmen, not exceeding two guineas each. And also to pay and discharge the passa- ges of such workmen to the city of New-York, at the rate and price of steerage passengers, in any ship or vessel in which they shall arrive, provided that each of the said ar- tificers at the time of or immediately before the payment of their respective passages, do enter in bond to the said parties of the first part, in double the sum so advanced and paid for each of them, with a condition to repay the money so advanced for each of them respectively, if the obligor shall not set up and carry on his trade, occupation and business in the Colony of New-York, or shall remove to dwell and reside in any place not within the said Colo- ny. And it is recommended to the said Thomas Block- ley, to engage and send out sober, prudent men, in their respective occupations, and such as will bring with them the usual and necessary tools of their respective occupa- tions, that may be put into small room or compass. And that as many of them as may conveniently be had be single men. A letter from John Lamb, dated this day, setling forth many inconveniences that will attend drafting the men for an artillery company to be by him commanded ; and praying that he may have leave to enlist his own men, and that their clothing may be blue with buff cuffs and facings. Ordered, That Captain John Lamb raise a company of one hundred men, including officers, to serve in the Conti- nental army as an artillery company ; that their clothing be blue, faced with buff, and that they have such pay as shall be determined by the Continental Congress. A letter from Angus McDonald, complaining of his confinement. Thereupon a letter to the committee of Fairfield was read and approved, and is in the words following, to wit : " Committee of Safety 3 " For the Colony of New-York, > " July 17th, 1775. ) " Gentlemen — Angus McDonald having presented a petition to this board, praying a relaxation of his confine- ment, we shall esteem it a favour if you will grant him as much indulgence in the premises as you think consistent with the public safety. " By order of the committee." Ordered, That a copy thereof be signed by the Chair- man and transmitted. Ordered, That Mr. Peter T. Curtenius be requested to procure duck, and get as many tents made as will supply the number now lent to Gen. Wooster. And, Ordered, That Mr. Curtenius purchase so many blan- kets or some other substitute, as with those already pur- chased, and those now in the hands of the barrack mas- ter, will furnish the four regiments of this Colony with blankets. A draft of a circular letter to the respective colonels of the regiments of troops now raising in this Colony, was read and approved, and is in the words following, to wit : " Committee of Safety for the Colony of New-York, } " During the recess of the Provincial Congress, > " July 17th, 1775. ) " Sir — You are requested to prepare and lay before the Congress of this Colony at New-York, a state of your regiment, and of the number of men ready and fit for ser- vice in each company, with all possible despatch. You will also be pleased to inform the Congress when you ex- pect your regiment will be completed and ready to take the field. We pray you to give all possible despatch in this business ; the present circumstances admit of no de- lay. The sooner your answer and return can be received the more acceptable it will be. " We are, sir, your humble servts." 21 81 Ordered, That copies thereof be signed by the Chair- man, and sent to the respective colonels of the different regiments. The committee adjourned to 9 o'clock to-morrow morn- ing. DIE MARTIS, 9 ho. a. m. July 18th, 1775. The committee met pursuant to adjournment. Present — Henry Williams. Esquire, Chairman, and Commissioner for Kings county. Peter Van Brugh Livingston, Esq. Col. McDougall, Abraham Bra- sher — New- York. Governeur Morris — -Albany. Jonathan Landon — Dutchess. Egbert Dumond — Ulster. David Pye — Orange. Abraham Brasher — Suffolk. Governeur Morris — Westchester. Aaron Cortelyou — Richmond. Col. McDougall — Queens. Peter Van Brugh Livingston— Tryon. Mr. Watkins attending at the door, was called in. He produced a certificate signed by Archibald Campbell, Esq. chairman of a meeting of the inhabitants of Charlotte county, held at Fort Edward, on ihe twenty-ninth day of June last, whereby it appears that Doctor George Smyth, the said David Watkins, and Archibald Campbell, Esq. were duly elected to represent that county in Provincial Congress, together with John Williams and William Marsh, Esq. and that they or either of them represent the said county in Provincial Congress at New-York. The said certificate was read and filed, and, Ordered, That David Watkins take his seat. The Mayor of the city of New-York, attending in the next room, informed some of the members that the ma- gistrates had applied to a carpenter to build a boat for the ship Asia, to replace that lately burnt, belonging to the said ship Asia. That the carpenter desired an order or protection from this Board for that purpose, to convince any of his fellow-citizens who might inquire, that he is doing that work with the approbation of the committee. Thereupon an order was made in the words following, to wit : " This committee do hereby signify their approbation of the conduct of the civil magistrates in ordering the build- ing of a boat to replace that lately burnt in this city, be- longing to His Majesty's ship Asia ; and require the car- penter which they have or shall employ for that purpose, to perform the same." Ordered, That two copies of this order be engrossed and signed by one of the secretaries and delivered to Mr. Mayor. A letter from the chairman of the committees of New- burgh and New-Windsor precincts, was read and filed, and is in the words following, to wit : " To the Honourable the Provincial Congress for the Colony of New- York, now convened in the cily of New-York. " Gentlemen — We are extremely sorry to be under the disagreeable necessity of troubling you on this occa- sion. Nothing but dke necessity could have induced us to take any step which may be construed by this Honour- able Congress to be aside from the path of duty. We herewith send you three persons who not only possess principles very inimical to the grand cause in which we are embarked, but whose conduct ever since the first of these unhappy times, have been such as to disturb the public tranquillity and destroy that unanimity so necessary for the preservation of our liberties. Their names are John Morrell, Adam Patrick, and Isaiah Purdy. Here- with you, gentlemen, will also receive several depositions taken before John Nicoll, Esq. relative to the matter, I JOURNAL OF THE COMMITTEE OF SAFETY. 82 which is all we have time to take at present. These we i submit to the judgment of the Honourable Congress, whether either or all of these persons accused be worthy of confinement or not — on the supposition that the Congress shall judge it expedient that either or all of them should be liberated. In that case we humbly conceive it to be necessary that such security be taken of them as shall render those easy in their minds who are afraid of their persons and property. We would only add, gentlemen, that while we are contending for liberty, it is with the greatest reluctance that we would offer to deprive the meanest of our brethren of that inestimable blessing in the least degree ; but in this instance, the safety of our coun- try, and that first and strongest of laws, self preservation, calls us to this act of disagreeable duty. We are, gentle- men, in behalf of the committees for the precincts of New- burgh and New-Windsor, " Your most obedient " Humble servants, " WO L VERT ECKAR, Chairman. " SAML. BREWSTER, Chairman." Sundry affidavits in writing taken before John Nicoll, Esq. of the threatenings and ill conduct of John Morrell, Adam Patrick and Isaiah Purdy, in opposition to the liber- ties of the American Colonies, were read and filed ; and the said three persons brought in the custody of an officer and a guard of armed men, were examined, and confessed many of the matters wherewith they were charged by the said affidavits, to be true. Thereupon, Ordered, That Col. McDougall receive the bodies of John Morrell, Adam Patrick and Isaiah Purdy at the bar- racks, and keep them in safe custody until the further or- der of this committee. And Ordered, That a copy of this order be delivered to Col. McDougall. A letter from the committee of Elizabethtown to the chairman of the committee of New-York, acquainting him of the arrival of gunpowder from Philadelphia, and that it would be at Dobbs' Ferry by nine o'clock this morning, was read and filed. Mr. Pye offered to go up Hudson's river and get the said gunpowder put on board of a sloop for Albany ; and thereupon a draft of a letter to the committee of Albany was read, and is in the words following, to wit : " Committee of Safety, ) "New-York, July ISth, 1775. $ " Sir — With this you will receive four hogsheads said to contain fifty-two quarter casks of gunpowder. It is sent by the Continental Congress to go to Ticonderoga. Pray inform Gen. Schuyler of it, and pray forward it to Ticonderoga with all possible despatch, " We are sir, your humble servants. " To Samuel Stringer, Esq. at Albany." Mr. Beekman came into committee and reported that he had been with Gen. Wooster and his first field officer to Harlem ; that John Sickles demanded such an exorbitant price for his ground that they could not agree with him, but that they had agreed with Arent Bussing for a proper field for an encampment, at the rate of four pounds per month and that Gen. Wooster with his troops are all removed. John Morin Scott, Esq. came into the Committee of Safety, and brought in the report of the committee on In- dian affairs ; and also the proposed draft of a speech to the Indians, which were read. Thereupon a draft of a letter to the Delegates of this Colony was read and approved of, and is in the words fol- lowing, to wit : " Committee of Safety for the Colony of New-York, 1 " In the recess of the Provincial Congress, > "July t&tk, 1775. ) " Gentlemen — We have had a Congress with the Five Nations in contemplation. A committee was appointed to prepare the necessary papers to be laid before your body. But the necessities of the season required an adjournment of the Congress till next Tuesday, and we now sit only in a Committee of Safety. The proceedings on the sub- ject we send you, imperfect as they are, in draft, that if the Continental Congress think they may be of any use they may have the materials in their possession. " We are gentlemen, your very humble servts. " By order of the Committee of Safety. " To the Delegates of the Colony of New- York, at Continental Congress, Philadelphia." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted to the Delegates of this Colony at Continental Congress, together with the drafts therein mentioned. The Committee then adjourned to 9 o'clock to-morrow morning. DIE MERCURII, 9 ho. a. m. July 19th, 1775. The Committee met pursuant to adjournment. Present — Henry Williams, Esq. Chairman, and Commissioner for Kings county. Peter Van Bmgh Livingston, Col. Lispenard, Col. McDougall, Joseph Hallett, Abraham Brasher — New-York. Governeur Morris — Albany. Jonathan Landon — Dutchess. Egbert Dumond — Ulster. David Pye — Orange. Abraham Brasher — Suffolk. Governeur Morris — Westchester. Aaron Cortelyou — Richmond. Col. McDougall — Queens. Peter Van Brugh Livingston — Tryon. David Watkins — Charlotte. A letter from Jacob Bayley, Esq. at Newbury in Glo- cester county, was read and filed, and is in the words fol- lowing, to wit : "Newbury, June 29th, 1775. " Gentlemen — Lately we received a desire from you to send a member or two to the Provincial Congress at New-York ; we met and chose one, viz. myself : but con- sidering our distance and the danger we might be in of a visit from Canada, thought best that I did not yet attend until we were prepared to meet with an enemy at home. I am taking what pains I can to be prepared with arms and ammunition, but as yet to but little purpose. Am still ap- prehensive of danger from Canada and cannot be absent. I have had intelligence from an Indian to be depended on, who informs that they shall be forced to take up arms, if we don't help them by sending an army to Canada, and say they are both threatened and flattered ; says that the French and Indians will join us, and make no doubt but Quebec might be taken (which is their desire,) but if it is neglected much longer it may be fatal to them and us. I have employed him to bring intelligence from Canada and must meet him myself, and shall transmit to you. I should think that if orders were sent to me I could raise two or three hundred men from the neighboring govern- ments, which must be necessary either for our defence or to proceed to Canada. " If it is thought best to raise men, arms, at least two hundred, and powder and flints must be sent. Mr. Har- vey will inform more and take care of whatever is sent me at any time. I am endeavouring to supply ourselves from seaports eastward. " We acknowledge with gratitude the notice taken of us by you. Shall acquiesce in the measures which shall be taken by you. Shall attend as soon as we are in a posture of defence. " Wish prosperity to the cause of liberty and truth, " Am, gentlemen, your most humble servt. "JACOB BAYLEY. " To the Provincial Congress for New-York." A draft of a letter to Jacob Bayley Esq. at Newbury in Glocester county, in answer to his of the 29th of June, JOURNAL OF THE COMMITTEE OF SAFETY. 83 ult. was read and approved, and is in the words following, to wit : " Committee of Safety, &c. ) "July 19th, 1775. 1 " Sir — It gives us great pleasure to hear of your ap- pointment to represent the county of Glocester. The raising of troops in your county to serve in the Continental pay, is what we cannot authorize, nor indeed would it be at all useful to yourselves but rather the contrary, inasmuch as they might be ordered at a distance from you on other service and thereby weaken your security. For these rea- sons we think it would be much more expedient to arrange your able bodied men into a respectable militia, and let one or two hundred of them be embodied by turns weekly, whereby you will have always a body of men ready to re- pel injuries and at the same time, by assembling your county at large, return any insults you may receive in kind. " We cannot express to you our concern at being obliged to inform you that at present neither arms nor ammunition can be expected from us, as we have not so many as to serve the troops raised by our Colony, and intended for the defence of our northern and eastern frontier ; but we have done every thing men could do. We have advanced mo- ney for and established a manufactory of arms, and con- tracted for a considerable number. We have contracted with merchants for great numbers of them. We have ta- ken measures to procure manufacturers, and we have written to Philadelphia for as many as are necessary for our troops. Similar measures we have taken to procure powder ; and depend, sir, that for your sakes as well as our own, we shall use every precaution to enable you to provide the means of defence, and at the same time to pre- vent you the necessity of using those means. " We are sir, your very humble servants. " By order. " To Jacob Bailey, Esq. at Newbury, Glocester county." Ordered, That a copy thereof be engrossed, signed by the Chairman and transmitted by Mr. Harvey. A letter from Egbert Benson, Esq. chairman of the com- mittee of Dutchess county, covering the returned war- rants of Roswell Wilcocks and Cornelius Adriance, who decline serving in the troops, and recommending Isaac Paddock in the place of Wilcocks, and James Betts in the place of Adriance, was read and filed. The vacancy occasioned by the resignation of Corne- lius Adriance, being already supplied. Ordered, That a warrant be made for Isaac Paddock in the place of Roswell Wilcocks, and enclosed to the chairman of the committee. Thereupon a draft of a let- ter to the chairman of the committee of Dutchess county was read and approved of, and is in the words, following, to wit. " Committee of Safety, &c. ) " July 19th, 1775. J "Sir — We acknowledge the receipt of your favour of the 13th inst. Agreeable to the recommendation of your committee we have enclosed a warrant for Mr. Isaac Paddock. On the 11th instant Mr. Adriance's lesignation was produced to this Committee, together with a recom- mendation of Mr. Andrew Teller Lawrence in his stead. As Mr. Lawrence was recommended by two members of the Provincial Congress, and a number of other freehol- ders of your county, we gave him a certificate from the Committee of Safety that he was approved of, and that a warrant should be made for him as the warrant to Mr. Ad- riance was returned. " We are, sir, your very humble servants. " Bv order. " To Egbert Benson, Esq Chairman of the Committee of Dutchess County." Ordered, That a copy thereof be engrossed and signed by the Chairman of this Committee of Safety and trans- mitted. The committee having heard Alexander Ellis at their Board on the subject of a certain boat by him furnished to Lieutenant Parks to transport him with his baggage to Ni- agara ; do declare it as their sentiment that the said Alex- ander Ellis appears to them guiltless with relation to that transaction. Ordered, That a certified copy of this declaration be delivered to the said Alexander Ellis. A letter from John Nicholson Esq. of Ulster county was read and filed, and is in the words following, to wit : "New Windsor, 13th July, 1775. "Sir — Agreeable to my warrant and instructions from the Provincial Congress of New-York, I have enlisted a com- pany of seventy-two men to serve in the Continental army, and now wait for the further directions of the Congress. " I am, your obedient servant. "JOHN NICHOLSON. "To Peter Van Brugh Livingston, President of the Provincial Congress, New-York." Thereupon a draft of an answer to the letter of John Nicholson Esq. was read and approved of, and is in the words following, to wit : " Committee of Safety for the Colony of New- York, i " In the recess of the Provincial Congress, > " New-York July 19th, 1775. ) "Sir — We are favoured with your letter of the 13th inst, we are happy to be informed that you have been so industrious and successful in enlisting your men. Please to make a return of your company to Col. Clinton, who will take to his assistance a surgeon or such other person as he will think proper, and muster your men and receive and approve of such of them as are fit for service. " You will then keep your men in training and learning discipline with all possible care, and hold yourself with your company in readiness to follow such directions as you may receive from Col. Clinton. " We are, sir, your very humble servants. " By order of the committee. " To John Nicholson Esq. New- Windsor. Ordered, That a copy thereof be engrossed and signed by the Chairman, and delivered to Robert Boyd. Committee adjourned to Friday morning at nine o'clock. DIE VENERIS, 9 ho. a. m. July 2lst, 1775. The Committee met pursuant to adjournment. Present — Henry Williams, Esq. Chairman, and Commissioner for Kings county. Peter Van Brugh Livingston, Esq., Col. Lispenard, Col. McDougall, Mr. Van Zandt, Mr. Brasher— New-York. Governeur Morris — Jllbany. Egbert Dumond — Ulster. David Pye — Orange. Abraham Brasher — Suffolk. Governeur Morris — Westchester. Aaron Corlelyou — Richmond. Col. McDougall — Queens. Peter Van Brugh Livingston — Tryon. David Watkins — Charlotte. Ordered, That Mr. Cortelyou and Mr. Beekman be a committee, (in conjunction with two officers of the. Con- necticut troops, which shall be appointed by Gen. Woos- rer,) to examine and estimate what damage hath been done to the ground and fencing of Mr. Herring, on which the said troops were lately encamped, and that they get the same certified by the said officers, which shall be appoint- ed by Gen. Wooster, and report the same with all conve- nient speed. Ordered, That Col. McDougall be at liberty to take as much of the wood now in the barrack yards, for the use of his troops, as they may want or have occasion for. And 84 JOURNAL OF THE COMMITTEE OF SAFETY. that he keep and render an account of the quantity there- of which shall be used, to the Provincial Congress. A letter from the Hon. John Hancock, of the 17th inst. received by Joseph Stephens, the messenger returned from Philadelphia, and also a resolve of the Continental Con- gress of the same date, was read, and is in the words fol- lowing, to wit : " Philadelphia, 17th July, 1775. " Sir — Major Gen. Schuyler having represented to the Congress the necessity of appointing a deputy adjutant-gene- ral, or a brigade-major, for the troops under his command, I am ordered to send you the following resolve, passed this day. " I am, sir, your obedt. humble servt. "JOHN HANCOCK, President. " I enclose you an authenticated commission, to be rilled up with the name of the gentleman appointed by your Con- gress. You will please to make a return to me of the per- son so appointed. " The enclosed letter for Gen. Schuyler, I beg you will immediately forward to him by express. " ' In Congress, July 17th, 1775. " ' Resolved, That the Convention of New-York be de- sired to recommend a proper person for a deputy adjutant- general, or a brigade-major, for the army in the New-York department. " : A true copy from the minutes. " ' CHA. THOMPSON, Sec'y.' " Please to forward by the express to Gen. Schuyler, a number of the articles of war. I forwarded them to New- York, directed to Gen. Schuyler, but apprehend they did not meet him there, as he has wrote me for them from Al- bany. The commission referred to is sent by Mr. Lewis. " To Hon. P. V. B. Livingston, Esq." A draft of a letter to Gen. Schuyler, was read and ap- proved of, and is in the words following : " Committee of Safety at New-York, ) July 21st, 1775. 5 " Sir — The enclosed papers from the Continental Con- gress, was received last evening, by the return of our ex- press from Philadelphia. We forward them by express. " We are, yours, &c. " To Maj. Gen. Schuyler." Ordered, That a copy be engrossed, signed by the Chairman, and transmitted, (with all the papers received for Gen. Schuyler,) by Sampson Dikeman. A letter from the Delegates of this Colony, at the Con- tinental Congress, was read and filed, and is in the words following, to wit : " Philadelphia, 18th July, 1775. " Gentlemen — We are honoured with your despatches of the 12th and 15th inst. and detained the express till after the rising of the Congress this day, in expectation of giving you the establishment of the army, which is report- ed, but not fully confirmed and perfected ; but to our great concern, such was the state of the business before the House that we were disappointed. We shall, however, seize the first opportunity to draw this important point to a conclusion. In the mean time, as your troops are sure of being placed on an equal footing with their neighbours, it is hoped the difficulty will not be insurmountable. This is all the satisfaction which we can at present give you on that head. " From a want of proper directions from those who had the charge of transporting the powder for the use of Maj. Gen. Schuyler's department, from this city to Elizabeth- town, it has, unfortunately, been delayed on the road. We could do no more than complain. The fault will be repair- ed, and you may expect it soon. " We are not insensible of the distress to which you must be reduced, for the want of money, arms and powder — with the first you will soon be supplied. The difficulties attending an emission so uncommon, of which the neces- sary guards against counterfeits is not the least, has ren- dered its progress very tedious. We can give you no as- surances of a supply of arms and ammunition from this quarter. Every scheme which could be devised to pro- cure them from abroad has been pursued, and on their suc- cess, and the efforts of the different Colonies we must de pend, for in the southern Provinces there is very little, and none to be spared. Some blankets are to be had in' this city, which will be purchased as soon as the money is is- sued. " We are, gentlemen, " Your most obedient servts. "LEWIS MORRIS, " PHIL. LIVINGSTON, " JAS. DUANE, "HENRY WISNER. " To the Committee of Safety." A letter from Elisha Benedict was read and filed, and is in the words following, to wit : " Sir — According to your instructions, I went into Cum- berland county to deliver a copy to the lieutenant, Samuel Fletcher, who was appointed first lieutenant. I found he was in the army at Cambridge. I took the advice of the leadi ng men there, and they nominated William McCune in his place, and he is enlisting men. Alexander Brink, the second lieutenant, lives at the upper part of the county! 1 sent a man with his instructions. I have enlisted forty men, and if I had the money to pay the men a small mat- ter, my company would be full in two or three days time. "From your humble servant. " ELISHA BENEDICT. " Albany, July 14th, A. D. 1775." " N. B. Sir— I should be glad if Mr. McCune might be the first lieulanant in the place of Mr. Fletcher. "E. B. " To P. V. B. Livingston, Esq. President of the Provincial Congress, New-York." An answer to the letter of Elisha Benedict was read and approved of, and is in the words following, to wit : " Committee of Safety at New-York, ) " During the recess of the Provincial Congress, } New-York, July 21, 1771. S Captain Elisha Benedict : " Sir — This morning we are favoured with yours of the 14th instant. The Committee of Safety have approved of Mr. William McCune for your first lieutenant, in the place of Samuel Fletcher. A warrant shall be sent to you for William McCune, as first lieutenant, as soon as you return to us or the Provincial Congress, the warrant that was sent to you for Fletcher. " We shall have money about ten days hence, as soon as the money is ready. Money will be sent to Albany, and you will receive cash for your men. " Please to complete your company as soon as possible, and make return thereof to the colonel or lieutenant-colo- nel of your regiment, who will muster your men, or cause them to be mustered, and give you directions how to pro- ceed. " We are, sir, your humble servants. " By order of the Committee. " To Capt. Elisha Benedict, Albany." Ordered, That a copy thereof be engrossed and signed by the Chairman, and sent by Sampson Dyckman. Two letters from Elisha Phelps were received and filed, and are in the words following, to wit : „„ , _ _ , " Albany, July 11th, 1775. Hon d Gentlemen — Before your favour of the 29th June last come to hand, I was possessed of the little stores Mr. Bleecker had on hand, which was pork, principally; and as it did not in any wise answer, agreeable to the act of our Assembly, I thought it my duty to apply immedi- ately to the committee here ; they informed me they had no orders to purchase for the army," though some of the gen- tlemen gave it as their private opinion that I should pro- vide agreeable to act of Assembly, whose advice I have JOURNAL OF THE COMMITTEE OF SAFETY. 85 followed as far as lay in my power, as I was informed the army suffered to that degree as threatened mutiny, if flour &c. &c. could not be forwarded ; it was with difficulty I procured 10 barrels at that time, and 10 more at Schenec- tady. I have forwarded with all possible despatch all the provisions I could obtain. " Since my return to the general of the 10th instant, T have sent forward 62 barrels of flour, and Mr. French about 30 barrels more. The general has, to my great satisfac- tion, ordered the Committee to purchase flour for me. "I am desired by Col. Hinman to send up rum and hos- pital stores agreeably to act of our Assembly, but these articles are not to be had here, and the army thinks me in the fault, and I cannot conceive that I am authorized by my commission to purchase stores, though I have presum- ed it on myself on this emergency, as I am expressly or- dered to receive and forward, &c. &c. from the Provincial Convention of New-York to the fourth regiment, &c. "I have likewise, a few days ago, received a commis- sion as commissary for the Boston forces on this station, to receive and forward, &c. &c. 1 hope you, gentlemen, in your wisdom, will point out ways and means that those necessaries may be purchased and forwarded, agreeable to what the soldiers may reasonably expect from the acts of the New-England Provinces, and you may rely on my do- ing my utmost in the execution of my office and trust. " While I am, gentlemen, with the greatest esteem, " Your most obedient and very humble servant. " ELISHA PHELPS. " N. B. I have thought to transmit a copy of the above to his honor the Governor of Connecticut." "Albany, July 13th, 1775. " Gentlemen — Tf you have any provisions or hospital stores, I beg you will lake this safe and convenient oppor- tunity to forward them by Mr. Benjamin French's sloop, as these articles are much wanted. " I am, gentlemen, " Your most obedt. humble servt. " ELISHA PHELPS. " To the Provincial Convention, New-York." Ordered, That Col. McDougall take possession of the lower barracks for such of the troops now under his com- mand, as he shall think proper to place there ; and that Mr. Curtenius be desired to furnish provisions for such men as Col. McDougall shall place there. The petition of Philip Henning, setting forth his know- ledge in physic and surgery, to be admitted and appointed surgeon's mate was read, Ordered, That Philip Henning wait on Dr. John Jones and Dr. Bard, to be examined as to his knowledge in physic and surgery, and his knowledge of the practice thereof. A certificate of Drs. John Jones and Samuel Bard, bear- ing date on the 18th inst. was read. Those gentlemen certify that they thereby have examined Mr. Hunlock Woodruff, respecting his knowledge in physic and surgery, and that they find him qualified to act in the capacity of surgeon's male. Agreed and Ordered, That the said Hunlock Woodruff be appoint- ed surgeon's mate to the first regiment of troops now rais- ing in this Colony. And Ordered, That a certified copy of the above minutes be delivered to the said Hunlock Woodruff. A draft of a letter to the committee at Brunswick, in New-Jersey, was read and approved, and is in the words following, to wit : " Committee of Safety for the Colony of New- York, ) " During the recess of the Provincial Congress, > " New-York, July 21st, 1175. ) " Gentlemen — We have had intelligence that boats have sundry times loaded flour at or about your city, and have run down to the west bank, and there met boats to take it from them for the use of the men of war and the army at Boston. 22 " As this is contrary to the resolution of the Continental Congress, it is a matter that requires your strictest inspec- tion to prevent such traders from pursuing a business ini- mical to the cause, of liberty in the United Colonies. We have been informed that Mr. Merrill, opposite to or near Brunswick, can give you farther information on this sub- ject. " We are respectfully, gentlemen, " Your very humble servants, " Per order of the Committee. " To the Committee at New-Brunswick." Ordered, That a copy thereof be engrossed and signed by the President and transmitted. The Committee adjourned till 9 o'clock to-morrow morn- ing. DIE SABBATI, 9 ho. a. m. July 22d, 1775. The Committee met pursuant to adjournment. Ppesent — Henry Williams, Esq. Chairman, and Jeremiah Remsea> Esq. — For Kings county. Peter Van Brugh Livingston, Esq., Col. Lispenard, Abraham Bra- sher — New- York. Jonalhan Landon — Dutchess. Egbert Dumond — Ulster. David Pye — Orange. Abraham Brasher — Suffolk. Aaron Cortelyou — Richmond. Peter Van Brugh Livingston, Esq. — Tryon. David Watkins — Charlotte. A draft of a letter to the Delegates of the Colony of New-York at Continental Congress, was read and approv- ed, and is in the words following, to wit : " Committee of Safety for the Colony of New- York, 1 " In the recess of the Provincial Congress, > " New-York, July 22d, 1775. ) " Gentlemen — We expect that our troops will soon be all enlisted, but we labour under great difficulties on ac- count of arms, and have not by any means we could de- vise been able to procure near as many as are necessary for them. The arms we have procured are of the best sort. "We have thought of the following expedient, which we beg leave to suggest to you. The Colony of New- Jersey has a very considerable number of muskets and bayonets, which we are informed are good. They are deposited at the respective court-houses, or some other particular places in each county, as Hackensack, Eliza- bethtown, &c. If the Continental Congress would please lo direct those arms to be cleaned and valued, and put up into boxes and sent lo convenient places on Hudson's river, that they might be put into the hands of such of our troops as can not, at present, be otherwise properly furnished, we conceive it would be of general benefit to the Continental service. Those arms may either be at the Continental charge, or replaced some months hence with others of equal quality, from those which we shall have made in this Colo- ny. The Jersey Congress is lo meet next week, and by that means the arms may easily be collected and ordered as above mentioned. " If you approve of this measure, we pray you to use your best influence in Congress to have it carried into ex- ecution. " We are, gentlemen, " Your most obedt. humble servts. " Bv order of the Committee. " To the Delegates of the Colony of New- York, at Continental Congress, Philadelphia. " P. S. Gentlemen — We beg leave to inform you that as soon as we began to purchase provisions, &c. we em- ployed Mr. Peter T. Curtenius as our Commissary at New- York. He purchased provisions, stores, tents, entrench- 86 JOURNAL OF THE COMMITTEE OF SAFETY. ing tools, &c. &c. He has been indefatigable in the pu- blic service, run every risk that was requested of him, dis- bursed his own cash, and succeeded beyond our most san- guine expectations. We think him one of the most pro- (>er persons among us for that business, and would earnest- y wish he might be continued in such manner as will not be disagreeable to the Continental Congress." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and sent with all possible despatch. A draft of a letter to John Peter Tetard, was read and approved, and is in the words following, to wit : " Committee or Safety, &c. ) " July 22d, 1775. $ " Sir — You will observe by the enclosed order of our Provincial Congress, their intention of employing you as in- terpreter to Gen. Schuyler, and a chaplain to the troops of this Colony. If you are determined to engage in the ser- vice in those characters, and on the terms mentioned in the said order, it is expected that you will repair to Albany and from thence to Gen. Schuyler, with all possible speed. " We are, sir, your very humble servants, " By order. " To the Rev. John Peter Tetard." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted by the first conveyance. The Committee adjourned to 9 o'clock on Monday morn- ing. DIE LUNjE, 9 ho. a. m. July 24th, 1775. The Committee met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esq., Col. Lispenard, Col. McDougall, Abraham Brasher, John Morin Scott — For the city and county of New-York. Egbert Dumond — Ulster. Abraham Brasher — Suffolk. Col. McDougall - Queens. Peter Van Brugh Livingston — Tryon. John Morin Scott, Esq. — Cumberland. David Watkins — Charlotte. Henry Williams, Esq. being very much indisposed was obliged to withdraw, and Mr. Brasher was chosen Chair- man pro tempore. Ordered, That Col. Lasher, at the review of his regi- ment this afternoon, or at the first review that may happen, when his troops have grounded their arms, cause a strict search to be made for any of the muskets belonging to the corporation of New-York, which may be among the said arms, and cause every such musket to be delivered to Col. McDougall, or his order, for the use of his regiment. A letter from the Hon. John Hancock, at Philadelphia, was read and filed, and is in the words following, to wit : " Gentlemen — By advice from the army before Bos- ton, a supply of gunpowder would be very acceptable, and greatly contribute to promote the common cause. "Iam, theiefore, desired by the Congress, who have had an intimation that a quantity of that article was lately imported into your city, to apply to you and to request you to send forward as speedily and safely as possible, what you can spare, to the camp before Boston. " I am, gentlemen, "Your obedt. humble servt. "JOHN HANCOCK, President. " Congress Chamber, July 19th, 1775." A draft of an answer to the above letter of the Hon. John Hancock, was read and approved, and is in the words fol- lowing, to wit : " Committee of Safety, for the Colony of New-York. 1 " During the recess of their Congress, > '• New-York. '2Ath July, 1775. ) "Sir — We have been honoured with your letter of the 19th inst. which informs us that you have an intimation that a quantity of gun powder had lately arrived here, we are sorry to say it is without foundation. " You may be assured, sir, that should a quantity ar- rive we shall be attentive to the wants of our brethren to the eastwaid and forward as much as possible that way. " We are, with great respect, " Your most obedient servants, " To the Hon. John Hancock, Philadelphia." Ordered, That a copy thereof be engrossed and signed by the Chairman pro tempore, and transmitted by George Clinton, Esq. DIE MARTIS, 9 ho. a. m. July 25th, 1775. The President and several members met pursuant to adjournment, but the numbers not being sufficient to form the Congress, the members present proceeded to business as a Committee of Safety, and agreed to meet a°-ain to- morrow morning. Henry Williams, Esq. being indisposed and absent, Peter Van Brugh Livingston was appointed Chairman. Present— Col. Lispenard, Col. McDougall, Isaac Roosevelt, Thomas Smith, Jacob Van Zandt, Richard Yates, Isaac Sears New-York. Jeremiah Remsen, Theodorus Polheraus — Kings. Col. Philip Van Cortland t— Westchester. Joseph French, Col. Blackwell — Queens. Col. Hoffman, Jonathan Langdon, Gilbert Livingston, Melancton Smith, Nathaniel Sackett — Dutchess. Christopher Tappen, Egbert Dumond — Ulster. William Allison, John Herring — Orange. Mr. Tredwell— Suffolk. David Watkins — Charlotte. John Marlett — Tryon. The Committee having advice that four hogsheads of Continental gunpowder is gone from Elizabethlown to be forwarded to Albany, under the direction of this Com- mittee, Mr. Herring was sent to take care of it, and an or- der given to him in the words following, to wit : Ordered, That Daniel Lawrence of Orange county, or any other person or persons having received the four hogs- heads of powder from Elizabethlown to be forwarded^to Albany, deliver the same to John Herring, Esq. or his or- der, if it is not already forwarded to Albany. P. V. B. LIVINGSTON. A letter from Col. James Clinton was read and filed, and is in the words following, to wit : " Little Britain July 2lst, 1775. " I have just now received your letter dated Julv I7lh, re- questing me to prepare and lay before the Congress of this Colony at New- York, a state of my regiment and of the number of men ready and fit for service in each company ; and likewise requesting me to inform the Congress when the regiment will be complete and ready to take the field with all possible despatch. " I can only acquaint you that I have mustered Capt. Nicholson's company and Capt. Denton's ; Nicholson's is complete; Denton wants but four men ; Capts. Brown and Hasbrouck at Kingston has made but small prooress as they have but lately begun to enlist, but I make no doubt they will soon get thrir men. I have seen Capt. Billings at Poughkeepsie, who says his company is complete, and I suppose Capt. Dubois' is by this time. I ordered him to apply to Capt. Swartwout to muster the two last com- panies, as he was appointed for thai purpose. " I have had no account from Capt.. Johnston, at Orange- town, nor the three captains on Long Island, but I suppose they have made a return to the Congress agreeable to the directions given them in their warrants; as the companies appointed to my regiment are at so great a distance from each other, it is almost imposible for me to make a return JOURNAL OF THE COMMITTEE OF SAFETY. 87 of the regiment till I meet the Congress in New-York next Tuesday, which I intend to do as near the time as possi- ble. ' I am, sir, "Your humble servant, "JAMES CLINTON. " P. S. — I find arms a scarce article amongst the men, thev not having a sufficient quantity to exercise them." The petition of George Cook of the city of New-York was read and filed. He thereby prays that he may be em- ployed in making pouches and belts. A letter from Ebenezar Hazard was read and filed, and is in the words following, to wit :* Ordered, That the saddlers who contracted with the committee to make pouches, belts and slings, deliver to Col. McDougall or his order 720 pouches, 720 belts and 720 slings for muskets, and take receipts for the same. The petition of Jacob Bamper was read and filed. He prays to be appointed to some office in the regiments rais- ing for the defence of the liberties of America. The Committee adjourned to meet in Convention to- morrow morning at 9 o'clock. * The said letter has been lost. JOURNAL OF THE PROVINCIAL CONGRESS. At a meeting of a Provincial Congress, held for the Co- lony of New-York, in the city of New- York on the 26th day of July, 1775. Opened with prayers by the Rev. Dr. Auchmuty. Present — Peter Van Brugh Livingston, President. Isaac Low, Alexander McDougall, Leonard Lispenard, Abraham Brasher, Isaac Roosevelt, John De Lancey, James Beekman, Samuel Verplanck, Richard Yates, David Clarkson, Thomas Smith, Benjamin Kissam, John Marston, Isaac Sears — City and county of New-York. Anthony Hoffman, Gilbert Livingston, Melancton Smith, Nathaniel Sackett, Jonathan Landon — Dutchess. Egbert Dumond, Christopher Tappen— Ulster. Thomas Tredwell, Ezra L'hommedieu, John Foster — Suffolk. Governeur Morris, Lewis Graham, James Van Cortlandt, Philip Van Cortlandt, James Holmes, John Thomas, Jr. Joseph Drake— West- chester. Johannes E. Lott, Henry Williams, Jeremiah Remsen, John Lef- fertse, Nicholas Covenhoven, John Van Derbilt, Theodoms Polhemus— Kings. Paul Micheau, Aaron Cortelyou, John Journey — Richmond. Jacob Blackwell, Jonathan Lawrence, Zebulon Williams, Joseph French, Joseph Robinson, Richard Thome, Samuel Townsend — Queens. David Watkins — Charlotte. John Marlett— Tryon. A certificate of Archibald Campbell, Esq. chairman of a meeting of the inhabitants of Charlotte county, held at Fort Edward, on the twenty-ninth day of June last was read ; whereby it appears that Dr. George Smith, the said David Watkins and Archibald Campbell, Esq. were duly elected to represent that county in Provincial Con- gress, together with John Williams and William Marsh, Esqs. and that they or either of them represent the said county in Provincial Congress at New-York. The said cer- tificate is filed among the papers of the Committee of Safety. Ordered, That the said David Watkins take his seat. James Alexander, a messenger from Philadelphia to Cambridge applied with an order from the Hon. John Hancock, President of the Continental Congress, di- recting all persons to assist him. The President gave an order for any person to assist him and call on him for pay- ment. A letter from the Committee at Elizabethtown, which accompanied three persons sent from thence under guard as deserters from Col. Waterbury's regiment was read. 23 The return of the officer of the city military watch last night, was also read whereby it appears that the said three persons are under guard at the upper barracks. Thereup- on, Ordered, That a letter be wrote to Gen. Wooster, in- forming him of the said three prisoners, and requesting him to send one of his officers to the barracks in order to make the proper inquiry respecting them. A letter from Daniel Lawrence, of the 24th inst. was read and filed, whereby he informs that the 4 hogsheads of stores (being the gunpowder sent from Philadelphia) was on the 18th inst. received by him and forwarded on board of Captain Cornelius Swits to Albany. A letter from Marinus Willett and others of the officers of the troops now raising in this Colony, soliciting for some allowance for clothing, was read and filed. A letter from Capt. Rufus Herrick of Dutchess county, dated the 21st inst. informing that his company is ready and that he waits for further orders, was read and filed. A letter from Daniel Everitt and others of the Commit tee of Goshen, bearing date on the 18th inst. and a certi- ficate of Col. Clinton recommending Mr. George Hamil- ton Jackson as a second lieutenant in Daniel Denton's company, was read and filed : the Congress approves of the recommendation of George Hamilton Jackson as a second lieutenant. » Ordered, That a warrant be made for him as soon as the other warrant issued for the gentleman who has resign- ed, is returned to the Secretaries. A letter from John Hancock, Esq. received this day, was read, and is in the words following, to wit : " Philadelphia, July 19th, 1775. "Sir — Enclosed is the commission to be filled up with the name of the gentleman whom your Congress shall please to appoint to the department of deputy adjutant-general or brigade major, referred to in mine of yesterday. I beg you to forward by express the letter I yesterday inclosed for Gen. Schuyler. " I am sir, your most obt. servt. "JOHN HANCOCK, President. " Hon. P. V. B. Livingston." The letter from John Hancock, Esq. of the 17th inst. received by the Committee of Safety was also read — and 90 JOURNAL OF THE PROVINCIAL CONGRESS. the blank commission contained in Mr. Hancock's letter of the 19th inst. was also read. A letter from the New-York Delegates at Philadelphia was read, and is in the words following, to wit : "Philadelphia, 11th July, 1775. " Sir — As the appointment of a brigade major to the army, under Maj. Gen. Schuyler's command is, by the Continental Congress recommended to your choice, we beg leave to introduce Mr. Morgan Lewis to your favour for that appointment, being informed it would be agreeable to Gen. Schuyler, who has promised him that office, with the approbation of your Convention. " We have the honor to be " Sir, your very hum. servts. " HENRY WISNER, " LEWIS MORRIS, " JOHN JAY, " PHIL. LIVINGSTON, " JOHN ALSOP, " WM. FLOYD. " To Peter V. B. Livingston, Esq. " President of the Provincial Congress, New-York." After some time spent in deliberating on a proper person to be appointed a deputy adjutant-general or a brigade ma- jor, the Congress agreed to defer the appointment for fur- ther consideration. The Committee of Safety for the Colony of New-York during the recess of this Congress delivered in a report of their proceedings. The Congress proceeded to hear a part of the said report, and the proceedings of the said Com- mittee on the llth July. The Congress ordered that the respective letters of William Duer, Esq. and of William Marsh and Joseph Rose, received by the Committee of Safety on the 1 1 th July, lie on the table for perusal of the members of this Congress. The Congress then adjourned to 5 o'clock P. M. 5 o'clock P. M. July 26th, 1775. Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esq. President. Isaac Low, Alexander McDougall, Joseph Hallett, Abraham Brasher, James Beekman, Richard Yates, David Clarkson, Benjamin Kissam, John Marston, Isaac Sears, Samuel Verplanck — City and county of New-York. Anthony Hoffman, Gilbert Livingston, Melancton Smith, Nathaniel Sackett, Jonathan Landon — Dutchess. Egbert Dumond, Christopher Tappen — Ulster. Thomas Tredwell, Ezra L'hommedieu, John Foster — Suffolk. Governeur Morris, Lewis Graham, James Van Cortlandt, Philip Van Cortlandt, James Holmes, John Thomas, Joseph Drake — Westchester. Theodorus Polhemus, John Van Derbilt — Kings. Paul Micheau, Aaron Cortelyou, John Journey — Richmond. Jacob Blackwell, Jonathan Lawrence, Zebulon Williams, Samuel Townsend, Joseph French, Joseph Robinson, Nathaniel Tom, Rich- ard Thome — Queens, David Watkins — Charlotte. John Marlett — Tryon. The petition of John Fisher, saddler, was read and filed. The certificate of Doctor John Jones and Doctor Samuel Bard, bearing date yesterday, certifying that they have examined Philip Hanning, respecting his qualifications to practise physic and surgery, and that they find him very deficient in his knowledge of them both, was read and filed. A certificate of Brigadier-General Montgomerie, that Sampson Dyckman had delivered to him at Albany the de- spatches for Major-General Schuyler, on the 23d instant, was read, and delivered to the President. A return from Lieutenant David Palmer, bearing date this day, was read and filed, whereby it appears that he has enlisted 23 volunteers, and waits for further orders. The Congress took into consideration the report of the committee on the subject of the post office, which was read. The memorial of Ebenezer Hazard, of the 13th of June, ult.; two letters from Gurdon Sallonstal, one bearing date the 22d of June, and the other the 3d of July ; the letter of Ebenezer Hazard, of the 25th inst. ; and the memo- rial of John Holt, of the 16th June, ult. were severally read and considered. Thereupon a question arose whether this Congress will recommend any person to the office of post-master at New- York, or submit the appointment of the person to the Con- tinental Congress, without such recommendation ? And the question being put, it was carried in the affirmative, to wit : that this Congress will recommend in manner fol- lowing, to wit : For the affirmative. Westchester, 2 Dutchess, 2 Richmond, 2 Tryon. 2 8 For the negative. Queens, 2 Charlotte, 2 Suffolk, 2 For Mr. Holt. Charlotte, 2 Queens, 2 Westchester, 2 6 The members for the city and county of Albany, and county of Cumberland, are not yet arrived ; several mem- bers of the county of Ulster, being absent on business by order of this Congress, and the city and county of New- York, and counties of Orange and Kings, not having a ma- jority of their members now present, were respectively un- able to vote on the above question. The question was then put whether Mr. Ebenezer Ha- zard, of the city of New-York, bookseller, or Mr. John Holt, of the said city, printer, should be the person to be recommended for post-master at New- York, and it was carried in favour of Mr. Ebenezer Hazard, in manner fol- lowing, to wit : For recommending Mr. Hazard. Dutchess, 2 Suffolk, 2 New- York, 4 Richmond, 2 Tryon, 2 12 Resolved, therefore, That Mr. Ebenezer Hazard be re- commended as a most fit and proper person to be post- master and keep the post-office at the city of New- York. And Ordered, That a letter for that purpose be wrote to the Delegates of this Colony at the Continental Congress, and transmitted immediately with the original papers on that subject now before this Congress, and copies of our votes on this subject. The city and county of Albany, and the counties of Cumberland, Ulster, Orange and Kings, could not vote on the last question, for the reasons respectively assigned for their not voting on the next preceding question. A draft of a letter to the New-York Delegates, on the subject of a post-office, was read and approved of, and is in the words following, to wit : " Provincial Congress, ) " New-York, July 26th, 1775. \ " Gentlemen — We enclose you the report of our com- mittee on the subject of the post-office, with the sundry pa- pers which remained before us and the votes of our House this evening on that subject. " We are sorry that by occasion of our late adjournment, and of sundry matters more immediately pressing before the adjournment, this matter has been so long delayed with us. " We beg leave to recommend Mr. Ebenezer Hazard, as a most careful, fit and proper person to be post-master at New-York, and hope the Continental Congress may ap- point him. " We conceive our present eastern riders proceed too far to the eastward. " General Schuyler, some time ago, mentioned to us the necessity of having couriers from hence to Albany, or Ticonderoga. We are frequently obliged to send messen- gers to Albany, which a regular post to the northward would often prevent. JOURNAL OF THE PROVINCIAL CONGRESS. 91 " We submit the necessity and utility of northern post- riders or couriers to the wisdom of the Continental Con- gress, and are most respectfully, " Gentlemen, your most obedient, " Humble servants. " To the New-York Delegates at Continental Congress." Ordered, That a copy thereof be engrossed, signed by the President and transmitted. The Congress adjourned till to-morrow morning, 9 o'clock. DIE JOVIS, 9 ho. a. m. July 27, 1775. The Congress met pursuant to adjournment. Opened with prayer, by the Rev. Dr. Rogers. Present. — Peter Van Brugh Livingston, Esq. President. Isaac Low, Alexander McDougall, Leonard Lispenard, Joseph Hal- lett, Abraham Brasher, Isaac Roosevelt, John De Lancey, John Mars- ton, James Beekman, Samuel Verplanck, Richard Yates, David Clark- son, Thomas Smith, Benjamin Kissam, John Morin Scott, Isaac Sears — City and county of New-York. Anthony Hoffman, Gilbert Livingston, Melancton Smith, Nathaniel Sackett, Jonathan Landon — Dutchess. Egbert Dumond, Christopher Tappen — Ulster. Thomas Tredwell, Ezra L'Hommidieu, John Foster — Suffolk. Governeur Morris, Lewis Graham, Joseph Drake, Philip Van Cort- landt. John Thomas, Jr. James Van Cortlandt, Robert Graham, William Paulding, James Holmes — Westchester. Henry Williams, Theodorus Polhemus, Nicholas Covenhoven, John Van Derbilt — Kings. Paul Micheau, John Journey, Aaron Cortelyou, Richard Conner — Richmond. Jacob Blackwell, Jonathan Lawrence, Nathaniel Tom, Samuel Townsend, Joseph French, Joseph Robinson, Zebulon Williams, Richard Thome — Queens. David Watkins — Charlotte. John Marlett — Try on. The Congress took into consideration the appointment of a deputy adjutant-general or a brigade-major, and the several letters from the Continental Congress, and the let- ter from the New-York Delegates, on that subject. And thereupon agreed unanimously, that this Congress will appoint a deputy adjutant-general, as being the su- perior officer. And after considering the merits of diffe- rent gentlemen who were mentioned, it is unanimously agreed that William Duer, Esq. is a proper person for a deputy adjutant-general. And Ordered, That the blank commission for that office re- ceived from the Continental Congress, be immediately filled up for that gentleman, which was accordingly done. An account of Sampson Dyckman, for horse hire and stabling, was delivered in and handed to the committee of accounts. A draft of a letter to the Hon. John Hancock, was read and approved, and is in the words following, to wit : "In Provincial Congress. ) " New-York, July 27th, 177:). $ " Sir — In compliance with the request of the Congress, which you did us the honour to mention in your letters of the 17th and 19th inst. we have appointed William Duer, Esq. deputy adjutant-general, and taken the liberty to give him, in his commission, which we received yes- terday, the rank of colonel. We beg leave to submit to the wisdom of the Congress, whether or not it will be proper to have a major of brigades appointed also ; and should it be deemed necessary, we would readily decline the honor of nominating a person to fill that office, having full confi- dence in the wisdom and integrity of our Delegates, and being well convinced that they will recommend no man who is not endowed with every qualification necessary to discharge any trust which you may think proper to repose in him. " We are, with great respect, " Sir, your countrymen and servants. " By order. 'To John Hancock, Esq. President, &c." Ordered, That a copy thereof be signed by the Presi- dent and transmitted. A draft of a letter to the New-York Delegates at the Continental Congress, was read and approved, and is in the words following, to wit : " In Provincial Congress, > " New-York, July 21th, 1775. <, " Gentlemen — You will readily recollect your former recommendation of Mr. Duer to some members of our board for a colonelcy and therefore will not be surprised that we have seized the opportunity of appointing him de- puty adjutant-general with the rank of colonel and we trust you will not consider this as any disrespect to your late recommendation of Mr. Lewis. We have submitted it to your body, in our letter to the President, whether the appointment of a major of brigade will not be proper, and at the same time submitted the person to your nomination. You will therefore have an opportunity of filling up the commission with such person as you think most capable of performing the duties of his office. " We are, gentlemen, " Your most obedt. humble servts. " By order. "To the New-York Delegates in Continental Congress." Ordered, That a copy thereof be signed by the Presi- dent and transmitted. A muster roll of Capt. Daniel Griffin's company, raised in Suffolk county, signed by Phineas Fanning and Thomas Conckling, muster-masters, bearing date on the 25th inst. was read and filed. A return from Capt. Ambrose Horton, dated at the White Plains on the 26th inst. informing that he has enlisted fifty-six able bodied men, was read and filed. A letter from the committee of the county of Westches- ter, was read and filed, and is in the words following : " White Plains, July 7th, 1775. " Sir — The committee of Westchester county, sensible of the great consequence, in our present struggle for liberty, of having officers of the militia who are sincere friends to their country ; and also that many, if not a majority of the militia officers in this county, upon account of their oath of allegiance, or from sinister motives, endeavour to coun- teract the present measures, as far as possible ; do request the Provincial Congress to take the same into considera- tion and do what they shall think proper in so important a matter. " We are, sir, your humble servts, "GILBERT DRAKE, Chairman. " To Peter Van Brt/gh Livingston, Esq. President of the Provincial Congress." Resolved, That this Congress will, on Thursday next, next, take into consideration the stale of the militia of this Colony. Ordered, That Lieutenant David Palmer, of Richmond county, bring the men he has enlisted to the city of New- York, with all convenient speed, and place them in the lower barracks, and apply to Mr. Peter T. Curtenius for provisions and necessaries, who is hereby requested to fur- nish him therewith. Ordered, That Col. Lispenard, Col. McDougall, Col. Holmes, Col. Hoffman and Mr. Graham, be a military committee, for fourteen days from this day, with full power during that time to order and dispose of all things whatso- ever, relating to or concerning the troops raised or to be raised in this Colony. A letter from Samuel Cannon to Col. Cortlandt, in- forming that he had not influence sufficient to raise a com- pany and therefore resigning his warrant as a captain, was read and filed. Col. Cortlandt returned the said warrant, and Col. Holmes and Col. Cortlandt recommended Joseph Benedict as a proper person in his stead : Thereupon, Ordered, That a warrant be issued for the said Joseph Benedict as a captain, and delivered to Col. Holmes. The Congress then proceeded to hear the report of the 92 JOURNAL OF THE PROVINCIAL CONGRESS. proceedings of the Committee of Safety on the 12th, 13th, 14th, 15th and 16th of July inst. Then Congress adjourned till 9 o'clock to-morrow morn- ing. DIE VENERIS, 9 ho. a. m. July 28th, 1775. The Congress met pursuant to adjournment. Opened with prayer by the Rev. Mr. Gano. Present — Peter Van Brugh Livingston, Esq. President. Isaac Low, Alexander McDougall, Leonard Lispenard, Joseph Hal- lett, Abraham Brasher, Isaac Koosevelt, John De Lancey, James Beekman, Samuel Verplanck, Richard Yates, David Clarkson, Thomas Smith, Benjamin Kissam, Isaac Sears — City and county of New-York. Anthony Hoffman, Gilbert Livingston, Jonathan Landon, Melancton Smith, Nathaniel Sackett — Dutchess. James Clinton, Egbert Dumond, Christopher Tappen, John Nichol- son — Ulster. John Herring — Orange. Thomas Tredwell, John Foster, Ezra L'hommedieu — Suffolk. Governeur Morris. James Van Cortlandt, Joseph Drake, Philip Van Cortlandt, James Holmes, John Thomas, Jr. William Paulding — Westchester. Henry Williams, Jeremiah Remsen, Theodorus Polhemus, Nicholas Covenhoven, John Van Derbilt — Kings. Paul Micheau, John Journey, Aaron Cortelyou, Richard Conner— Richmond. Jacob Blackwell, Jonathan Lawrence, Samuel Townsend, Joseph French, Joseph Robinson, Nathaniel Tom, Richard Thome — Queens. David AVatkins — Charlotte. John Marlett — Tryon. A letter from the Hon. Jonathan Trumbull was read and filed, and is in the words following, to wit : "Lebanon, 25th July, 1775. " Sir — Yesterday I received, per express, a letter from Gen. Schuyler, dated Ticonderoga, 18th July, copy of part of which I herewith send you. " ' I find the troops from your Colony, under the com- mand of Col. Hinman, destitute of tents, an article they much stand in need of, being now crowded into bad bar- racks, which, I fear, will be productive of disease. Should it be impossible to procure the materials for making tents in your Colony, they may possibly be furnished by the New-York Congress, which can make no material diffe- rence, as it will probably be a Continental expense.' " On consideration that this Colony is so far exhausted of materials for making tents, that it will be very difficult, if not impossible, to furnish them in any tolerable season ; and considering the much greater convenience in point of conveyance, with which they may be had from New-York, I have thought proper to desire that your Province will furnish our troops, under command of Col. Hinman, with such number of tents as will be necessary for their use. The complement of men to his said regiment is 1000, in- cluding officers. " You'll please to inform me, per return of this express, whether my request may be complied with, as on failure we shall endeavour to exert ourselves in the best manner we can. " I am, with truth and esteem, sir, " Your most obed. humble servant, " JONTH. TRUMBULL. "Hon. P. V. B. Livingston." A draft of a letter to the Delegates of this Colony at the Continental Congress on the subject of tea, was read and approved, and is as follows, to wit : " In Provincial Congress, ) " New-York, July 28th, 1775. $ " Gentlemen —You must be sensible that our exer- tions in the public cause have subjected us to a very large expense, of which certainly the greatest part is justly pay- able by the Continent; and at the same time, you cannot but perceive that a large sum of money is, and will be, expended in articles purely at the cost of our Colony. These considerations show us the necessity of laying a tax on our Colony ; but prudence or policy will impress as strongly on your minds as on our own, the propriety of doing this in the manner least liable to popular disgust or perhaps, opposition. " These observations will, we hope, introduce to you in a favourable light, some things which we now proceed to mention. " Sundry of our merchants have on hand a considera- ble quantity of tea, imported from Holland, which cannot be sold, for reu^ons which we need not repeat. The con- sequence of this situation is, that our Dutch traders are deprived of the means of introducing into our Colony, sail duck, Russia drilling, Osnaburgs, arms and ammuni- tion, all of them highly necessary for us, and easily to be obtained from Holland, notwithstanding the late placart of the States General. " Should the retail price of bohea tea be fixed at six shillings per pound, from six pounds and upwards, and six and sixpence by the single pound, and the wholesale price at five and sixpence, with a tax of one shilling on the pound, payable by the vendor, and similar regulations for green tea, we might raise a considerable sum from the obstinate consumers of this article ; and at the same time, the precautions taken by us in giving permission to mer- chants to sell, under certain restrictions, will prevent a trade which, as to the recommendations of the Continen- tal Congress, may well be called illicit, and which does now, most undoubtedly obtain, as will readily be acknow- ledged by those who perceive the general consumption of it throughout the Colony. " We have already furnished to Connecticut almost all the tents which we had provided for our own troops, and we have not now any materials to make more ; and we farther precaution you, that we do not mean to encourage the future introduction of tea into the Colony. Should you, gentlemen, and the Congress, perceive force in what we have just now hinted to you, we humbly conceive it would be proper for the Congress to refer to our determi- nation, in general terms, certain petitions, which have, as we are informed, been presented to them by those who have quantities of tea in their possession. "The prudence, the reason, the policy of making provi- sions which will prevent those gentlemen from being in- fluenced by the strong temptation to a clandestine sale, with many other considerations to the same effect which will naturally arise in your minds, we modestly forbear to mention ; but beg leave to assure you, gentlemen, that, with the highest deference to the superior judgment of the Continental Congress, we are your most obedient humble servants, " By order. " To the New- York Delegates in the Continental Congress." Ordered, That a copy thereof be signed by the Presi- dent and transmitted. A draft of a letter to the Delegates of this Colony, at the Continental Congress, on the subject of flaxseed, was read and approved of, and is in the words following to wit : "In Provincial Congress, ) "New-York, July 28th, 1775. $ " Gentlemen — As considerable quantities of flaxseed will, in all probability, be ready for shipping long before the tenth of September next, we submit it to the Congress, whether it will not be proper to inhibit the exportation of that article immediately. " We are, gentlemen, respectfully, " Your most obedt. humble servts. " To the New-York Delegates in Continental Congress." Ordered, That a copy thereof be signed by the Presi- dent and transmitted. A draft of a letter to the Hon. Jonathan Trumbull, in answer to his letter of the 25th inst. received this day, JOURNAL OF THE PROVINCIAL CONGRESS. 93 was read and approved, and is in the words following, to wit : "lx Provincial Coxgriss, \ ■ Wtm-Tork, July 2SfA, 1775. J " Sir — We have received vour letter of the 25ih inst. requesting that this Congress will furnish Col. Hin- man's troops at Ticonderoga with tents. Convinced ot the absolute necessity of such supply, and of the inabi- lity of your Colonv to furnish it, although our own troops will soon want them, and we are in doubt whether we shall be able to get materials to make others, yet we shall Richmond lake care to send up the tents with all possible despatch, expecting that as they are taken on account of your Colony that vou will remit us the money to pay for them and some other expenses incurred for your Colony, of which we shall send you an account. " We are, sir, your very humble servants. " p. S. We supplied Gen. Wooster with upwards of two hundred tents, made of the very best materials. ■ To the Hon. Joxatrax Trumbull. Governor of ihe Colony of Connecticut" Ordered, That a copy thereof be signed by the Presi- dent and transmitted. The petition of John Morrell, Adam Patrick and Isaiah Purdv, praving to be discharged from confinement, was read. Ordered, That John Morrell, Adam Patrick and Isaiah Purdv be brought to the bar of this Congress. A draft of a letter to Wolvert Acker and Samuel Brews- ter, chairmen of the committees of Newburgh and New- Windsor, was read and approved of, and is in the words Anthony Hoffman. Gilbert Livingston, Melancton Smith. Nathaniel Sackett — Dutchtts. James Clinton, Egbert Dumond, Christopher Tappen, John Nichol- son — Clster. John Herring — Orange. Thomas Tredwell, Ezra L'hommedieu, John Foster — Suffolk. Gouverneor Morris, James Van Cortlandt, Philip Van Cortlandt, James Holmes, John Thomas, William Paulding — Westchester. Jeremiah Remsen, Nicholas Covenhoven, Theodorus Polhemus — Kings. Paul Micheau, John Journey, Aaron Cortelyou, Richard Conner — following, to wit Lx Pbovtxcial Coxgress, "New-York, July 25fA, 1775 "Gentlemen — John Morrell, Adam Patrick and Isaiah Purdy are liberated from their confinement upon their con- trition and promises of amendment. You will, therefore, endeavour to prevent any injuries to their persons or pro- perty, and at the same time, if you think it necessary, we recommend it to you to take security for their keeping of the peace, which may be done according to the common course of the law ; at the same time, if you shall be of opinion that the peace and safety of the county cannot otherwise be preserved, you will take from them all arms of offence ; but this, as it is a punishment in its nature, ought to be inflicted only with the utmost caution, and therefore we recommend to you the utmost deliberation and tenderness on this occasion. " We are, gentlemen, your humble servts. " By order. • To Messrs Wolvert Acker and Samuel Brewster. Chairmen of the committees of Newburgh and New-Windsor precincts." Ordered, That a copy thereof be signed by the Presi- dent and transmitted. John Morrell, Adam Patrick and Isaiah Purdy being brought to the bar of this Congress, were informed that this Congress had wrote a letter to the committees of Newburgh and New-Windsor to take securities of the peace of them and to disarm them if they thought proper; and that the letter should be sent by Mr. Robert Boyd. They were then admonished by the President of their past imprudent conduct, of the evils thereof to society, and the dangers they had run, and charged to behave in such manner for the future as to give no offence or uneasi- ness to their neighbours or any others, and were then dis- charged. The Congress adjourned to 5 o'clock, this afternoon. Die Veneris, 5 ho. P. Af. July 29ifi, 1775. The Congress met pursuant to adjournment. Presext — Peter Van Brugh Livingston. Esq. President. Isaac Low. Alexander McDougall, Abraham Brasher. John DeLan- , eey, James Beekman, Samuel Verplanck, Richard Yates. Thomas ; Smith, Benjamin Kissam. Isaac Searc — City and county of Neu>Tork. \ 24 Jonathan Lawrence, Samuel Townsend, Joseph French, Joseph Robinson, Nathaniel Tom, Richard Thorne — Queens. John Marlett — Tryo-n. The Congress proceeded to hear the report of the re- sidue of the proceedings of the Committee of Safety read. The same being fully and completely read and heard, Resolved, That this Congress do heartily approve of the conduct of the Committee of Safety during our late recess ; and the thanks of this Congress be rendered to them for their faithful services. Ordered, That Peter T. Curtenius, as Commissary of this Congress, have soldiers' tents, made of English duck, sufficient for one thousand men, and forward the same to 1 the commissary of the Connecticut troops at Albany, with directions to him to forward them to Col. Hinman at Ti- conderoga. Mr. Beekman and Mr. Cortelyou reported, that in obe- dience to the order of the Committee of Safety, they had been with Andrew Ward, Jr. lieutenant-colonel, and Capt. James Arnold, two officers appointed by Gen. Wooster for that purpose, to view and estimate what dama- ges had been done to the ground and fencing, &c. of Mr. Nicholas Herring, on which the Connecticut troops were lately encamped. That they estimate the damages which the said Nicho- las Herring has sustained on his land, fences, orchards, &c. by the said troops, together with the use of the said land, at eighty pounds. And that the said Lieut. Col. Andrew Ward and Capt. James Arnold had signed a cer- tificate and estimate of the said damages, and agreed to allow the same : which certificate and allowance being read and filed, is in the words following, to wit : " We the underwritten, do agree to allow Mr. Herring eighty pounds for the damages which he has sustained on his land, fences, and orchard, by the late encampment of Gen. Wooster's troops, together with the use of said land. " ANDREW WARD, Jr. Lieut. Col. "JAMES ARNOLD, Capt. " Nev>Tork, T.th July, 1775." The Congress adjourned to 10 o'clock on Monday morn- ing. DIE LUN-E, 10 ho. a. m. July 3\st, 1775. Present — Peter Van Brugh Livingston, Esq. President. The Deputies for the city and county of Albany pro- duced new credentials, which were read and filed, and are in the words following, to wit : '•' Albaxt Committee Chamber, ) " July 13 " The committee of this city and county having here- tofore appointed Messrs. Abraham Yates, Jr. Robert Yates. Abraham Ten Broeck, Jacob Cuyler, Henry Glenn, Francis Nicoll, Peter Silvester, Dirck Swart, Walter Li- vingston, Volkert P. Douw and Robert Van Rensselaer, the Deputies of this city and county to attend the Provincial Congress, with general powers to represent this city and county ; but by reason of the inconvenience attending the at- tendance of all the Deputies in the said Provincial Con- gress, it is therefore Resolved, That for the future the said deputies attend 94 JOURNAL OF THE PROVINCIAL CONGRESS. the said Congress, or any four or more of their number, for the purposes aforesaid, with the same power and au- thority as if all the said deputies were present. " ABRAHM. YATES, Junr. Chairman. " John Bay, Secry. P. T." Col. McDougall informed the Congress that the men raised for his regiment were very pressing for money, and that unless he be provided with some more money, many of them will leave the service. Ordered, That Col. McDougall have leave to borrow as much money, on the credit of this Congress, (and give his obligation for the same,) as will enable him to pay the men enlisted for his regiment, to the first day of August. A draft of a letter to the New-York Delegates at Con- gress, on the subject of money, was read and approved, and is in the words following, to wit :* A letter from Gen. Schuyler, at Saratoga on the 16th instant, was read and filed, and is in the words following, to wit : " Saratoga, July 16th, 1775. " Sir — I did myself the honour to write to you from Al- bany on the 12th, urging the sending the troops to join me with all despatch. Every intelligence I receive evinces the necessity of strengthening the garrisons of Ticonderoga and Crown Point. The fatal consequences that would follow, should we be obliged to abandon those places, are too glaringly evident to need illustration. Let me there- fore again entreat you to issue orders to every corps of your troops, in whatever part of the Colony they may be, to march without delay ; and be pleased, sir, to forward the tents for those already at the forts. I again beg leave to remind you that the powder from Philadelphia is not yet come to hand. " I am, sir, most respectfully, " Your obedient and humble servant, "PH. SCHUYLER. " Be pleased to forward the enclosed. " To P. V. B. Livingston, Esq. " President of New-York Congress." Ordered, That Dr. John Jones and Dr. Treat be re- quested to examine all the medicines purchased or put up for the use of the regiments raised in this Colony, and to designate and reject such as are not of a proper quality for that use ; and that they be requested to send to this Con- gress a report of such their examination. Ordered, That Mr. Peter T. Curtenius be requested, without delay, to send to Albany, for the use of the second regiment, 720 pouches and belts, 720 bayonet belts, 720 brushes and wires, 4,320 flints, 120 camp kettles, 720 can- teens, 720 haversacks, and the clothing for the said regi- ment, and medicine chest examined by Dr. John Jones and Dr. Treat, and completed agreeable to their appro- bation and directions. A letter from Col. Guy Johnson, dated Ontario on the 8th inst. was read and filed, and is in the words follow- ing, to wit : " Ontario, July 8th, 1775. " Sir : — Though I received your letter from the Provin- cial Congress several days ago, I had not a good opportu- nity to answer it till now. I suppose, however, this will reach you safe, notwithstanding all the rest of my corres- pondence is interrupted by ignorant impertinents. " As to the endeavours you speak of to reconcile the un- happy differences between the parent State and these Co- lonies, be assured I ardently wish to see them ; as yet, I am sorry to say, I have not been able to discover any at- tempt of that kind, but that of the Assembly, the only true legal representatives of the people ; and as to individuals who you say officiously interrupt (in my quarter) the mode and measures you think necessary for these salatary pur- poses, I am really a stranger to them. If you mean my- self, you must have been grossly imposed on. I once in- * The said letter has been lost. deed went with reluctance at the request of several of the principal inhabitants, to one of the people's meeting, which I found had been called by an itinerant New-England lea- ther dresser, and conducted by others if possible more con- temptible. I had therefore little inclination to revisit such men or to attend to their absurdities ; and although I did not incline to think that you, gentlemen, had formed any designs against me, yet it is most certain that such designs were formed. Of this I received a clear account by ex- press from a friend near Albany, which was soon corrobo- rated, by letters from other quarters, particularly one from a gentleman of the committee of Philadelphia, a captain in your levies, who was pretty circumstantial ; and since, I have had the like from many others. I have likewise found that mean instruments were officiously employed to dis- turb the minds of the Indians, to interrupt the ordinary discharge of my duties, and prevent their receiving mes- sages they had long since expected from me. To enter into a minute detail of all the falsehoods propagated, and all the obstructions I met with, though it would not fail asto- nishing any gentlemen disposed to discountenance them, would far exceed the limits of a letter, or the time I have to spare. As I am now finishing my Congress entirely to my satisfaction with 1340 warriors, who came hither to the only place where they could transact business or receive favours without interruption, and who were much dissatis- fied at finding that the goods which I was necessitated to send for to Montreal, were obliged to be ordered back by the merchant to prevent his being insulted or his property invaded by the mistaken populace ; that their ammunition was stopped at Albany ; the persons on this communica- tion employed in purchasing provisions for the Congress insulted, and all my letters, as well as even some trifling articles for the use of my own table stopped; and this mo- ment the mayor of Albany assured me that he was the other night aroused out of his bed at a certain Mr. Thomp- son's, above the German-Flats, by one Herkimer and 15 others, who pursued him to search for any things he might have for me. " You may be assured, sir, that this is far from being agreeable to the Indians ; that it might have produced very disagreeable consequences long since, had not compassion for a deluded people taken place of every other considera- tion ; and that the impotent endeavours of a missionary (who has forfeited his honour pledged to me,) with part of one of their tribes, is a circumstance, that, however trifling, increases their resentment. " I should be much obliged by your promises of dis- countenancing any attempts against myself, &c. did they not appear to be made on conditions of compliance with Continental or Provincial Congresses, or even commit- tees, formed or to be formed, many of whose resolves may neither consist with my conscience, duty or loyalty. I trust I shall always manifest more humanity than to pro- mote the destruction of the innocent inhabitants of a Colo- ny, to which 1 have been always warmly attached ; a de- claration that must appear perfectly suitable to the charac- ter of a man of honour and principle, who can, on no account neglect those duties that are consistent therewith, however they may differ from sentiments now adopted in so many parts of America. " I sincerely wish a speedy termination to the present troubles ; and am, sir, " Your humble servant, "G. JOHNSON. " I shall have occasion to meet the Indians of my de- partment in different quarters this season. " To P. V. B. Livingston, Esq." Ordered, That a copy thereof be made, and enclosed to the New-York Delegates at Philadelphia. A letter from the committee of Albany was read, and filed. A letter from John N. Bleecker, at Albany, with the ac- JOURNAL OF THE PROVINCIAL CONGRESS. 95 counts enclosed, were read and filed. The letter is in the words following, to wit : " Mbany, 21st July, 1775. " Gentlemen — Although I intimated in mine of the 3d inst. that I would soon transmit accounts of the expen- ses in my department here, yet it is not in my power at present to give an exact state of the charges as I could wish, as several of the accounts have not been delivered in for provisions, &c. supplied for the Provincial service. But being desirous to render accounts under these circum- stances, I enclose you general accounts of stores and pro- visions received, purchased on credit, forwarded, issued, &c. You have also enclosed an account of expenses so far as have come to my hands, by which a balance of £1,225 remains due, which I have in some measure en- gaged would be soon paid; and as those with whom the debts are contracted make daily application to me for mo- ney, in particular the wagoners who have been employed, intimate that unless their demands are satisfied very soon, they must decline riding, since they have not wherewith to purchase hard fodder for their horses, I therefore hope you will be pleased to put it in my power to fulfil my pro- mises, by furnishing me with a sufficient sum of money to discharge the above mentioned balance ; and all public moneys which have or may be delivered into my hands, I shall account for in a future settlement, by producing such vouchers for disbursements, as I doubt not will meet your approbation. " I am, gentlemen, your most obedient " And most humble servant, JOHN N. BLEECKER. " To Peter V. B. Livingston, Esq. "President of the Provincial Congress." Mr. Robert Yates of Albany, delivered into Congress sundry papers relating to Indian affairs, which were read, and are marked and numbered as follows, to wit: No. 1. A speech of four Oneida chiefs to the committee of Albany, dated at the Committee Chamber at Albany, June 24th, 1775. No. 2. A speech of the inhabitants of the county of Al- bany, drawn up by the committee of Albany, spoken at the German Flats to the Oneida Indians. No. 3. A speech to the inhabitants of Albany, being the answer of the Oneidas and Tuscaroras at the German Flats, dated July 1st, 1775. No. 5. A speech of the inhabitants of Tryon county to the Oneidas and Tuscaroras in a meeting at the German Flats, 29th June, 1775. No. 6. A speech from the Oneida Indians, dated 24th June, 1775, in answer to the speech delivered by the in- habitants of Tryon county. No. 7. A history of an embassy of the Stockbridge In- dians with the Caughnawagas. No. 8. A conference between the Stockbridge and the Caughnawagas Indians. Ordered, That the above mentioned copies of speeches and papers relating to Indian affairs, be enclosed to the New-York Delegates at Continental Congress. Copy of a letter appearing to have been written from Joseph Reade, Esq. secretary to Gen. Washington, was read, giving advice of the sailing of three men of war, &c. from Boston. A draft of a letter to the committee of correspondence for East-Hampton and Southhold, was read and approved, and is in the words following, to wit : "In Provincial Congress, ) " New-York, 31st July, 1775. \ " Gentlemen — By the enclosed copy of a letter from Gen. Washington to Gen. Wooster, we think not unlikely the designs of these ships may be to take provisions from different parts ; as Montauck, and other parts of the east end of Long Island are much exposed, we judged it proper to give this intelligence that you might take such methods for securing the stock there, as you shall judge necessary. Hulbert and Griffing's companies can be employed for that purpose till otherwise ordered. " I am, &c. " To the Committee of Correspondence for East-Hampton and Southhold." Ordered, That a copy be engrossed, and signed by the President, and transmitted. The Congress adjourned to 9 o'clock to-morrow morn- ing. DIE MARTIS, 9 ho. a. m. August 1st, 1775. The Congress met pursuant to adjournment. Opened with prayers by the Rev. Mr. Inglis. Present — Peter Van Brugh Livingston, Esq. President. A letter from John Taplin, Esq. of Newbury, one of the judges of the court of common pleas in Gloucester county, was read and filed, and is in the words following, to wit : " Newbury, New- York Province, ) " July 15th, 1775. J " Sir — Your letter of the 31st May I did not receive till the 14th inst. which was broke open, and the general as- sociation taken out. We have formed a county committee, as also in each town and precinct. Also we have chose Col. Bailey to represent us in the Congress. The county seems to be very well united and firm to one another, and also in the cause of liberty, and I make no doubt but they will cheerfully join in whatever measures and directions the honourable Congress may point out from time to time. " I am, sir, your obedient servant, JOHN TAPLIN. "To Peter V. B. Livingston, Esq. President of the Provincial Congress at the city of New- York." A letter from John Burger to Peter T. Curtenius, bear- ing date at Ticonderoga Landing the 19th July ult. was read and filed. A return of provisions from Elisha Phelps, commissary at Albany, dated the 21st July ult. was read and filed. A letter from David Pye was read and filed, and is in the words following, to wit : " Clarkstown, July 31st, 1775. " Sir — The bearer hereof, Capt. Robert Johnston, has his company now full, and as he is a sum of money out, by this I take the liberty to recommend him to you for di- rection, where he may have the necessary supplies for the company. " I am, sir, your humble servant, " DAVID PYE. " To Peter V. B. Livingston, Esq." A letter from Elisha Benedict of the 24th ult. was read and filed ; he thereby informs that his company is full, and that he has some men to spare. Encloses a warrant to Samuel Fletcher now returned agreeable to the order of the Committee of Safety, and requests a warrant to Wil- liam McCune of Cumberland county, as first lieutenant in his stead. Ordered, That a warrant issue to the said William McCune accordingly. A letter from Gen. Schuyler of the 21st ult. was read and filed, and is in the words following, to wit : " Ticonderoga, July 21st, 1775. " Sir — I am just favoured with aline from Gov. Trum- bull ; the enclosed is part of what he writes me, and of what I have said on that subject to the Continental Con- gress. " It is not easy to conceive the difficulties I labour under for want of many of the articles contained in the estimate, which I had the honour to deliver you on the 3d inst. espe- cially for the entrenching tools, and materials for building. The swivel guns and the lead I find a sufficiency of here. You will therefore please to order these, if not already sent, to be stopped ; instead thereof, to add one ton of oakum, 96 JOURNAL OF THE PROVINCIAL CONGRESS. twenty barrels of pitch, ten lanthorns, and two pair of fort colours. " The truck carriages were to be sent, provided they were ready made. As they are not, you will please to take no further notice of them. " By a letter from Mr. Curtenius of the 10th, I find he has delayed sending the oars on account of the heavy ex- pense of carriage, but even in that case they would come cheaper than to make them here, by the workmen from New-York. " I am very anxious to have the New- York troops with me ; their arrival will therefore afford me great satisfaction ; I hope some are on their way up. I have appointed a very good man as a sutler to supply them here, who is now pre- paring for their reception ; too many of them are very dis- advantageous to the soldiers and destructive to the service. " Intelligence which I have received from Canada ad- vises that a numerous body of Indians are there ; that Gov. Carleton attempted to engage them against us ; that he believed he would have little success ; that some of the young men inclined to take up the hatchet but that the el- derly opposed it ; that the Canadians are averse to enter- ing into the controversy, the noblesse and very lower order excepted. " I am, sir, with great respect, " Your obedient, humble servant, PH. SCHUYLER. " To Peter V. B. Livingston, Esq." The extracts of the letters therein enclosed, were read and filed, and are in the words following, to wit : Extract of a letter, dated Lebanon, 17th July, 1775, from the Hon. Gov. Trumbull to Maj. Gen. Schuyler. "I have to acknowledge the receipt of your favour of the 10th inst. which came by Benet ; per same hand I receiv- ed a letter from Col. Hinrnan, at Ticonderoga, in which he says : ' there are many things which the act of Assem- bly provides for the soldiers which they never have as yet received, which occasions murmurings and discontents, and much weakens my authority among them.' Copy of the act of our Assembly has been forwarded, some time ago, to the Provincial Convention of New-York. Our com- missary, Mr. Elisha Phelps, has also a copy. If New- York does not supply our troops as they have a right to expect, this Colony must fulfil their engagements them- selves. " I pray your interposition in this matter." Extract of a letter, dated Ticonderoga, July 21st, 1775, from Maj. Gen. Schuyler to the Continental Congress. " I enclose you a copy of a letter I have just received from Gov. Trumbull. I am very sorry that the Colony of Connecticut has made such large allowance for the daily subsistence of their men. It is difficult and expensive to procure the things here, which they are to have agreeable to the law of their Colony, and what is worse, other troops that may join will certainly expect the like allowance, and a discrimination can not be made in favour of the troops of any particular Colony. " A resolve of Congress, what shall be the Continental allowance, and that no Colony shall send their troops any thing more than what shall be so prescribed, would settle the matter and prevent that jealousy, which will otherwise take place." A letter from Gen. Schuyler, of the 22d day of July, was read and filed, and is in the words following, to wit : " Ticonderoga, July 22d, 1775. "Sir — I am just favoured with your letter of the 13th inst. enclosing a copy of Col. Heermans' to the Congress. Every consideration induces me to take all the precaution possible, more especially as I have four important posts to maintain, with a small number of troops, and those very ill armed and with little ammunition. In this disagreeable situation, I feel very sensibly the exceeding slowness with which the levies are made in every part of our Colony. Capt. Motte informs me that I need not expect a reinforce- ment in less than a month. Should Gen. Burgoyne (as is reported) be gone with a body of troops to Canada, and make an attack in this quarter, in our present weak and defenceless situation, what the consequences would be to the country, are easier conceived than described. I hope such as are raised, although the regiments may not be completed, will be ordered up without delay with camp equipage. " I am, sir, your most humble servant, "PH. SCHUYLER. " Henry Williams, Esq. Chairman of the Committee of the New- York Congress." The warrant of Morris Hazard was returned, and Mr. John Lawrence of Newtown, being recommended in his stead, is approved of. Ordered, That a warrant be issued to the said John Lawrence, in the stead and place of the said Morris Ha- zard. Ordered, That Jacob Cuyler be added to the military committee which was appointed on the 27th ult. Resolved, That every officer who has already enlisted or who shall hereafter enlist, a soldier in the regiments' now raising in this Colony, shall be entitled to a dollar for each such soldier who shall pass muster, and be received into the service, the officer paying the expense of such en- listment. A copy of a conference between two Oneidas and the Albany committee, on the 25th ult. was read. Ordered, That this copy of a conference be sent to the New-York Delegates at Congress, by the first conveyance. A letter from Goose Van Schaick, colonel of the second regiment, bearing date on the 24th inst. with a return of the present state of his regiment as far as known to him were read and filed. The petition of Sampson Dyckman was read. He there- in sets forth that he had suffered great damages by one Hesington, a messenger from Massachusetts to Philadel- phia, greatly injuring his horse in a journey to Philadel- phia. Ordered, That Mr. Thome and Mr. Paulding be a com- mittee to inquire into the damages Sampson Dyckman has sustained by occasion of the premises mentioned in his pe- tition, and to make a report thereon to this Congress. Ordered, That Capt. Peter Lent and Mr. Gilbert Coo- per of Orange county, be appointed, and are hereby ap- pointed muster-masiers for Capt. Robert Johnson's com- pany of soldiers now enlisted in the Continental service, and that they, or either of them, carefully muster the men, and pass none but such as they deem useful, active, spright- ly men, and fit for service. Ordered, That Col. Holmes and Col. Philip Van Cort- landt, or either of them, be appointed, and are hereby ap- pointed, to muster any soldiers raised, or to be raised, for Col. Holmes' regiment, and who shall not have been mustered by some other person appointed by this Con- gress. And Ordered, That Col. Clinton, in like manner, be ap- pointed to muster his regiment. A letter from Gen. Schuyler of the 26lh July ult. was read and filed, and is in the words following, to wit : " Ticonderoga, July 26th, 1775. " Gentlemen — I have just received a letter from Mr. Williams, as Chairman of your Committee of Safety in the recess of the Congress. The difficulties you labour under, with respect to your equipping the troops for the field, are really very distressing. But yet I should hope that at least some part of the troops might be furnished with arms, clothing and blankets, and such might be sent up. Would it not be proper that those raising at Albany should have clothing sent to them, if you have any at New- York beyond what will clothe such as have arms ? " For want of a variety of the articles, which I begged might be sent up, I can not by any means prosecute the intentions of the Continental Congress. If, therefore, they JOURNAL OF THE PROVINCIAL CONGRESS. 97 are not yet sent, pray let no delay be made, lest we should lose an opportunity of doing a service very essential to the Colonies, to this in particular, and in which delay will be fatal. " I am informed by the Hon. John Hancock, that the Congress has recommended to you the appointment of an adjutant-general or brigade-major, for this department. An active man, and a good disciplinarian, is much, very much wanted indeed, to fill the first mentioned office. I beg that whomsoever you may appoint, that you will order him without delay to join me. I stand in great need of his services. " Could not a gentleman be got to accept of a commis- sion as commander of artillery 1 Perhaps if rank was given, it would induce some good man to undertake. Such an officer is so evidently necessary, that I hope this recom- mendation will claim your attention. " I am very sensible of your spirited exertions in this critical day ; and if I press you for farther assistance, with a seeming importunity, it is because the force of necessity obliges me to it ; it is because I wish to see my country- men about me, that I may have their testimony of my con- duct. " I am, gentlemen, with the greatest respect and with the best wishes, " Your most obedient and " Most humble servant, "PH. SCHUYLER. " To the Provincial Congress at New-York." A second letter from Gen. Schuyler of the 27th of July, was read and filed, and is in the words following, to wit : " Ticonderoga, July 27th, 1775. " Gentlemen — Since my letter of yesterday I have re- ceived such intelligence as makes it indispensably neces- sary that not one moment's delay should be made, in for- warding me the stores mentioned in the estimate I deliver- ed you on the 3d of July. I have a number of carpenters and no materials to employ them. A thousand of the Connecticut troops are ordered to join me, and I do most, most earnestly entreat, that such of the me'n raised in this Colony, as are furnished with arms, may be sent to Alba- ny without any delay. Gen. Montgomery is there to for- ward them to me. " I am, gentlemen, " With great esteem and respect, " Your most obedt. humble servt. "PH. SCHUYLER. " To the New- York Provincial Congress." Ordered, That Col. Ten Broeck be added to the com- mittee of rank, in place of Col. Van Rensselaer, who is absent. The President informed the Congress that the Recorder had waited on him at the door, and informed him that the boat which had been building by order of the Committee of Safety was sawed to pieces, and entirely destroyed. Ordered, That this matter be taken into consideration to-morrow morning. Ordered, That Col. McDougall be at liberty to settle with such of his officers who are going on service, for two months' pay. The Congress then adjourned to 9 o'clock to-morrow morning. DIE MERCURII, 9 ho. a. m. August 2d, 1775. Congress met pursuant to adjournment. Opened with prayers, by the Rev. Mr. Mason. Present— Peter Van Brugh Livingston, Esq. President. A letter from John Lamb, recommending Isaiah Wool as lieutenant fire-worker of his company, was read and filed. The said Isaiah is approved of. 25 Ordered, That he be appointed lieutenant fire-worker of Capl. Lamb's company. As there is not any ravens duck or osnaburgs to be pur- chased in the city of New-York, and Mr. Peter T. Curte- nius informs this Congress that without osnaburgs and ra- vens duck he cannot complete the tents for the troops, and that none can be obtained but what is in the hands of Ro- bert and John Murray ; and as the service would otherwise suffer greatly, and the necessity of the cause renders it ab- solutely necessary ; therefore, Ordered, That Mr. Peter T. Curtenius purchase as much ravens duck and osnaburgs of Messrs. Robert and John Murray as he may want for the public service, on the terms they offered them to him. A letter of General Schuyler to the Albany committee, advising them, from the necessity of the case and to save time, to fill up the vacancies of such officers in the second regiment, as had declined the service, was read. Also a list of the officers of the second regiment, as now fixed, with the changes that had been made therein by the Albany committee, was read. Ordered, That the said list be delivered to the commit- tee of rank, and that the following gentlemen be added to the said committee of rank, to wit : Mr. John Sloss Ho- bart, in ihe stead of Col. Woodhull ; Mr. Herring, in the place of Col. Tusteen ; Mr. Marlett, in the place of Christopher P. Yates ; and David Watkins, in the stead of Major Williams. A letter from John Dennis, chairman of the committee of New-Brunswick, in answer to the letter of the Commit- tee of Safety, of the 21st ult. was read, and is in the words following, to wit : "Gentlemen — Your favour of the 21st instant, came safe to hand, the contents of which was duly observed. Application was immediately made to Mr. Merrill, who says, about three weeks past a person coming from Egg Harbour, when within the Hook, he saw a boat standing down our bay that he thought was loaded with flour, which boat he believes went along side the man of war. This is all he ever heard or knows of the matter. Every other in- quiry in our power has been made, but can make no fur- ther discovery. " All intelligences, discoveries of every action inimical to American liberty, and every matter of instruction for our better preservation, will ever be paid a due regard to and cheerfully received by the committee of this city. Assure yourselves, gentlemen, that this committee has, and ever will be ready to render to their couniry every service in their power, and will continue to give a strict attention to, and duly observe all, resolutions formed by the Continen- tal Congress. " We are, with esteem, gentlemen, " Your obedient, humble servants, "JOHN DENNIS, Chairman. " City of New-Brunswick, July 27th, 1775. " To Mr. Henry Williams." Ordered, That the committee formerly appointed to contract for pouches, bells and slings, do contract for 880 pouches and belts, and 880 bayonet belts, and 880 slings for muskets, besides the quantity of 2,000 each of those articles already contracted for ; and that the said commit- tee get the said articles made with all possible speed. Mr. Low moved that this Congress make a resolution in the words following, to wit : In Provincial Congress, } August 2d. 1775. $ Whereas, it appeared to the committee of safety ap- pointed by this Congress during their late recess, that a barge belonging to his Majesty's ship Asia, was, without any provocation, attacked and most wantonly destroyed : And whereas, the corporation of this city had, under the sanction of the said committee, ordered another barge to be built in order to replace the barge so destroyed as afore- said : And whereas, this Congress had approved of that 98 JOURNAL OF THE PROVINCEIAL CONGRESS. and the other conduct of their said committee, and voted them their thanks for their faithful services : And whereas, the corporation, notwithstanding some disorderly and evil disposed persons did, in the night, destroy and render use- less the said barge so ordered to be built, as aforesaid, by sawing it in pieces : And whereas, the corporation have since formally applied to this Congress for their directions in the premises : Resolved, That the perpetrators of the said act are guilty of a high offence and insult against this Congress and the Colony they represent, as endeavouring to contra- vene the true intent and meaning of their appointment ; that they are base violators of the association subscribed by this Congress, and by them recommended to the adoption of their constituents. In order, therefore, that the sense of this Congress may be fully known relative to such out- rageous acts, Ordered, That this resolution be immediately made pu- blic, not doubting but that the good inhabitants of this Colony will duly assist and support this Congress in de- tecting, convicting and bringing to condign punishment all such factious offenders, as disturbers of the public peace and enemies of their country. Mr. Lows' motion was seconded by Mr. Walton, after some time spent in consideration thereof. Ordered, That the further consideration thereof be post- poned till Friday morning next. A letter from the New-York Delegates at Continental Congress was read, and is in the words following, to wit : " Gentlemen — We have received your letters of the 18th and 22d inst. and though sensible of the inconveni- ence arising from a scarcity of arms, are much at a loss respecting the best measures for a supply. As we have good reason to believe that an application to the Congress to recommend a loan of the Jersey arms would not suc- ceed, we have agreed not to make it. No Colony has, as yet, given the Congress any trouble on that head, and we are unwilling that New-York should be the first. " We advise, however, that accurate accounts for dis- bursements for arms be kept, so that should any charges of that kind be made against the Continent in the Colony, our constituents may be prepared to support their claim. Besides it is easy to foresee that New-Jersey, under the present circumstances of public affairs, would very reluc- tantly part with their arms, and be displeased with any re- commendation for that purpose. " Permit us to recommend to your most serious atten- tion, the necessity of laying your hands on all the powder that is or may be imported into the Colony. We think none should be permitted to go out of the Province, but by the express direction of the Congress, or your committee, and that magazines of that article should be formed in dif- ferent parts of the Province, and not that the whole be risked in one place. " We hope our Province will depend for defence on their own exertions, and without delay put the militia on the footing recommended by Congress. " The Delegates of New-Jersey are charged with the transportation of two tons and a half of powder to Dobbs' ferry, where the Congress desire you to have a boat ready to receive and forward it to Gen. Schuyler. " As to a treaty or conference with the Five Nations, the Congress has already provided for it, and consequently it would be improper to lay the papers you sent us on that subject before the Congress. " We are, gentlemen, with the " Greatest respect, your most " Obedient and humble serv'ts, " PHIL. LIVINGSTON, "JOHN JAY, "LEWIS MORRIS, "JAMES DUANE, " GEO. CLINTON. ■ Philadelphia, 29th July, 1775. " P. S. We recommend to you to collect all your ac- counts against the Continent with all convenient speed. It is probable a committee will be appointed to examine them. Mr. Hazard is appointed deputy post-master for New- York. The Continental money is signing, and will be ready next week. " The Committee of Safety of the Colony of New-York." Ordered, That John Herring, Esq. go up to Dobbs' ferry and see the said powder forwarded ; and that Mr. Ja- cob Cuyler appoint an Albany sloop to stop at Dobbs' ferry, and that he write a private letter to the committee of Albany informing them of the said powder, and desiring them to forward the same. Ordered, That Cornelius D. Wynkoop be lieutenant- colonel in the third regiment ; and Ordered, That he muster Captain Hasbrouck's and Capt. Brown's company. A committee of the officers of the first regiment, (infe rior to field officers,) attending at the door, were admitted and by Capt. Goforlh, delivered in writing to the Presi- dent, three questions, in the words following, to wit : " Whether the Congress will favour this committee with an answer to the memorial, presented some days ago, from the officers of the first regiment ? " We shall be glad to be informed what our pay is to be, from the captain's down to the privates, the adjutants and quarter-masters included ? And whether the officers are to receive their commissions before they embark?" The said committee of officers being withdrawn, the Congress took their queries into consideration, and deliver- ed them an answer, in the words following, to wit : To the queries of the committee of officers of the first regiment, the Congress gives the following answers, to wit : 1st. That they are not at liberty to make any allowance for the clothing and arms, mentioned in their letter of the 26th ult. 2d. That the pay of the troops raised in the Colony will be ascertained by the Continental Congress ; but we have received assurances that it will not be less than the pay of the Connecticut troops. 3d. That the warrants given to the officers are to re- main with them, instead of commissions, until their com- missions arrivefrom the general. The Congress adjourned to 5 o'clock, P. M. Die Mercurii, 5 ho. P. M. August 2d, 1775. The Congress met pursuant to adjournment. Present— Peter Van Brugh Livingston, Esq. President. Jesse Woodhull, Esq. of Cornwall precinct, in Orange county, appeared in Congress. The minutes of the re- turn of Deputies were read ; whereby it appears that Is- rael Seely, Jesse Woodhull, Esq. and Jeremiah Clarke, were appointed Deputies for that precinct, to represent them in this Provincial Congress, as part of the represen- tation from Orange county. Ordered, That Jesse Woodhull, Esq. take his seat. A majority in the 3d regiment being now vacant, the following question was put, to wit : Who shall be major of the third regiment ? And the votes of the counties present being taken, were delivered in the manner following, to wit : For Henry Livingston, Jr. For Robert G.Livingston. Dutchess, 2 Albany, 3 Kings, 2 Suffolk, 2 Queens, 2 New- York, 4 Charlotte, 2 Tryon, 2 Westchester, ... 2 Richmond, 2 Ulster, 2 22 Ordered, therefore, That Henry Livingston, Jr. be ap- JOURNAL OF THE PROVINCIAL CONGRESS. 99 pointed major of the third regiment of troops, now raising in this Colony, as a part of the army of the United Colo- nies, raised for the defence of American liberty, and for repelling every hostile invasion thereof. Ordered, That warrants be made out in Capt. Nichol- son's company, for 1st lieutenant, David Dubois; 2d lieu- tenant, James Grigg ; and for captain, Jacobus Bruyn ; 1st lieutenant, Thos. De Witt; 2d lieutenant, Albert Pawling. In Capt. Daniel Denton's company for 2d lieutenant, George Hamilton Jackson. In Capt. Elias Hasbrook's company, for 1st lieutenant, Cornelius T. Jansen ; 2d lieutenant, Petrus Roggin. Ordered, That Mr. Job Mulford, gentlemen, be appoint- ed adjutant of the fourth regiment of troops, now raising in this Colony. Ordered, That Capt. John Lamb proceed with his artil- lery company to Ticonderoga, and join the army under the command of Gen. Schuyler, with all possible despatch. The Congress adjourned to 9 o'clk. to-morrow morning. DIE JOVIS, 9 ho. a. m. August 3d, 1775. The Congress met pursuant to adjournment. Opened with prayers by the Rev. Dr. Livingston. Present — Peter Van Brugh Livingston, Esq. President. Ordered, That the chairman, or deputy chairman, of tne general committee of association of the city of New- York, be requested immediately to summon the Com- mittee, in order to take into consideration the papers relat- ing to George Coffin's vessel and cargo, now delivered to him, in order to make report thereon to this Congress. And that if a sufficient number of the members of that committee to make a quorum cannot be convened, that such number as can be immediately convened, do make such report, with all possible despatch. A letter from Waller Livingston, Esq. was read and filed, and is in the words following, to wit : " Gentlemen — I lately received a commission from the Continental Congress, a copy of which I shall enclose you, appointing me deputy commissary-general for this Pro- vince. I must therefore request you to order all stores, &c. which are purchased by order of Congress for the army in this Colony, to be consigned to me, or my assis- tant deputies, at Albany. And also, that I be furnished with an account of all stores and provisions which are now ordered to be purchased. " I was at Ticonderoga last week. The fortress there is in a most ruinous situation. For want of many officers, such as quarter-master, muster-master, surgeons, &c. the general is under the necessity of acting in all those de- partments. I dread the consequence, should he be attack- ed by any considerable army ; and if he is defeated the garrison must all fall victims — for retreat they cannot, for want of batteaux. He had neither carpenters to build boats, nor materials to make them of. Two saw-mills are now cutting boards, with one saw each. I yesterday, by request of Gen. Schuyler, sent up twenty carpenters, and shall, from time to time, furnish him with such articles as he shall order and I can procure, although they should not belong to my department, until proper officers are ap- pointed. " I remain, gentlemen, with the greatest respect, " Your most obedient humble servant. WALTER LIVINGSTON, Dep. Com. Gen. " Albany, July 29th, 1775. " To the Provincial Congress of New-York." A copy of the commission of Walter Livingston was read and filed. Ordered, That Col. Clinton be authorized to receive from Peter T. Curtenius, for his regiment, 720 pouches and belts, 720 bayonet belts, 720 brushes and wires, 720 gun worms and 720 screw drivers, 4,320 flints, 140 camp kettles, 720 canteens, 720 haversacks, and the clothing for the third regiment, and a medicine chest and instruments, when examined and approved of by Dr. John Jones and Dr. Treat. And ordered that Col. Holmes be authorized to get the like articles for his regiment. Ordered, That Mr. Israel Evans be appointed, and is hereby appointed, chaplain to the first regiment of the troops now raising in this Colony. A letter from Peter T. Curtenius, of this day, was read and filed, and is in the words following, to wit : " Gentlemen — The enclosed is a note I received from Capt. Lamb, and should be glad to have an order from the Congress about this matter. I have waited on Messrs. Murrays about the 20 pieces of duck and 60 pieces of os- naburgs ; they request an order from the Congress to the committee at Elizabethtown. " I have made an inquiry about oars, and cannot find above 150 in town, 97 of which I sent up yesterday ; for the remainder, I have contracted with Capt. Bradley, of New-Haven, to deliver them in 10 or 12 days. " I am, gentlemen, your most obdt. servt. " PETER T. CURTENIUS. " August 3d, 1775." A letter from Capt. John Lamb, therein enclosed, was read and filed. A draft of a letter to the committee of Elizabethtown, was read and filed, and is in the words following, to wit : " In Provincial Congress, ) " At New-York, August 3d, 1775. $ " Gentlemen — We have spared a great number of our tents to the Connecticut troops and cannot now procure osnaburgs and duck sufficient to make tents for the troops of this Colony in the Continental service, without raking that which was impoited by Robert and John Mur- ray. Necessity has therefore obliged us to agree to pur- chase those goods, that the service of the United Colonies may not be delayed. We therefore request you gentlemen, to permit the said osnaburgs and ravens duck of Robert and John Murray, to be delivered out of your store, to Mr. Peter T. Curtenius, or his order, for the uses aforesaid. " We are gentlemen, " Your very hum. servts. " To the Committee of Elizabethtown." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A draft of a letter to Gen. Washington, requesting blank commissions to be sent for the officers of the New-York regiments, was read and approved, and is in the words fol- lowing : " In Provincial Congress, ) " New-York, August 3d, 1775. 5 " Sir — We are informed, in a letter from the Conti- nental Congress that the General would make out the com- missions for our regiments, to such persons as this Con- gress should recommend — but are at a loss to know whether you or Gen. Schuyler are to issue the commis- sions. We understand, however, that they have been transmitted to you. If this should be the case, and the commissions are to be filled up by Gen. Schuyler, we beg you will send them to him or us without delay. If they are to be filled up by your Excellency, we submit it whether, to prevent delay, it would not be proper to send them in blank to Gen. Schuyler or to us, that the names may be filled up agreeable to the arrangement made by this Congress. The number of commissions wanted will be about 200. " We are, with the greatest respect, " Your Excellency's most obt. humble servts. " By order. " His Excellency, Gen. Washington." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. 100 JOURNAL OF THE PROVINCIAL CONGRESS. Col. Holmes has leave of absence. Volkert P. Dow, Esq. has leave of absence on account of his being one of the commissioners for Indian affairs. A warrant to Isaac Van Waert as second lieutenant or- and issued this day. Ordered, That a warrant be made out to Jacobus Rose- krans, as captain — a warrant to Samuel Van Veghten, as first lieutenant and a warrant to Thos. Lee, as second lieutenant. The Congress adjourned to 5 o'clock P. M. 5 ho. P. M. The Congress met pursuant to adjournment. The Congress being informed that Capt. Patrick Sin- clair, is appointed lieutenant Governor and superintend- ent at Missilimacana : The said Patrick Sinclair being sent for and attended, and acknowledged that he was in- formed by authority from His Majesty that he was so ap- pointed, and that he did expect to receive his commission and instructions for that purpose. And it being highly im- prudent at this critical juncture, to permit any gentleman un- der the influence of the British ministry to proceed to that post to exercise those offices, who might prejudice the In- dians against the inhabitants of the United Colonies : Resolved, That the said Capt. Patrick Sinclair shall not be at present permitted to proceed to Missilimacana. And, Ordered, That the said Patrick Sinclair go to any part of Suffolk county, on Nassau Island, and reside there, on his giving his promise parol on his honour, that he will not take any part in the present unhappy controversy between Great Britain and the United Colonies ; and that he will not depart from or go out of such part of the said county of Suffolk without permission of the Continental Congress, or of this or some future Provincial Congress, until the present unhappy controversy between Great Britain and the Colonies shall be determined. Capt. Patrick Sinclair declared on his honour that he would not take any part in the present controversy between Great Britain and the Colonies, and that he will not depart the limits above mentioned, without such permission as above mentioned. Ordered, That the consideration of the state of the mi- litia of this Colony be postponed until Monday next. Ordered, That Col. Philip Van Cortlandt have leave to borrow as much money, on the credit of this Congress, (and give his obligation for the same) as will enable him to pay two companies of the men enlisted in the fourth regiment, until the first day of August next. The Congress adjourned to 9 o'clock to-morrow morning. DIE VENERIS, 9 ho. a. m. August 4th, 1775. The Congress met pursuant to adjournment. Opened with prayers by the Rev. Mr. Bowden. Mr. Harper of Harpersfield near Cherry Valley, hav- ing represented the defenceless state of that part of the county of Tryon, for want of a small quantity of gunpow- der, and requested that he may be permitted to purchase one hundred weight of powder at the powder-mill of the Hon. Robert R. Livingston, on his paying the money for the same : Ordered, That Mr. Harper have leave to purchase one hundred weight of gunpowder accordingly, for the use of the inhabitants of that part of Tryon county — and the gentleman who has the direction of the said powder-mill is requested to sell one hundred weight of gunpowder to the said Mr. Harper, on his paying the cash for the same. Mr. Walton came into Congress and informed the Con- gress that Capt. Patrick Sinclair alleges that Lord Dart- mouth's card does not warrant the inserting the words of Indian affairs, in the slate of his appointment, as it stands on the minutes of this Congress ; and the same being compared with the copy of Lord Dartmouth's card, as it appears in the letter of Sir Charles Thompson to Capt. Sinclair, is found not to be warranted thereby. Ordered, therefore, That the words of Indian affairs, be struck out of the minutes in the recital of his appoint- ment, and also in the certified copies thereof, and that the said certified copies be delivered to Mr. Walton. Mr. Walton soon came into Congress and informed that he had shown the amended copies of the minutes to Capt. Patrick Sinclair, and informed him that the minutes were amended accordingly. That Capt. Sinclair declared that he could not consent to the general tenor of that part of the minutes concerning him, which related to Indian affairs, and could not sign it, and that the Congress may do as they please with him. Mr. Walton being asked whether he had desired Capt. Sinclair to sign the one of those copies, declared on his honour that he had not asked or desired him to sign it. Thereupon, Ordered, That Capt. McDougall send a guard to take the said Patrick Sinclair into custody. Capt. Patrick Sinclair being taken into custody, and brought into Congress, declared he never had solicited to be superintendant of Indian affairs. Ordered, That he withdraw into the next room and re- main there under guard. Mr. Sears (seconded by Mr. Beekman) moved in the words following, to wit : That the order of yesterday, for sending Capt. Sinclair to Suffolk, be reconsidered. The same being agreed to, nemine con. Ordered, That the said order of yesterday, for sending Capt. Sinclair to Suffolk county, be reconsidered. Mr. Sears then moved, and was seconded, that the or- der of yesterday relating to Capt. Patrick Sinclair, be amended by obliterating therein the words, any part of Suffolk county, on Nassau Island, and inserting instead thereof the words, Hartford, in Connecticut, — and de- bates arising thereon, it was carried against the amend- ment, in the manner following, to wit : For the amendment. Jlgainst the amendment. Dutchess, 2 Albany, 3 Ulster, 2 Kings, 2 Orange, 2 Richmond, 2 Suffolk, 2 New-York, 4 Tryon, 2 Queens, 2 Charlotte, 2 — — 13 12 Dissentients from the vote of New- York, Messrs. Sears, Beekman, Hallett, Scott and McDougall. Ordered, therefore, That the proposed amendment be rejected. Capt. Patrick Sinclair, at his request, being then admit- ted into Congress, alleged that he had misapprehended part of the order of this Congress of yesterday, and hav- ing received a certified copy thereof and perused and ex- amined the same, he, on his honour, in public Congress, declared that he would comply with and strictly obey the injunctions therein contained. A letter from Philip Livingston and George Clinton, Esqrs, was read and filed, and is in the words follow- ing, to wit : " Sir — We received your letter by express, this morn- ing, in answer to which, we beg leave to inform you that we have obtained an order of Congress on the Continental Treasury in your favour, for f$ 175,000] dollars; but as there is not yet a sufficient number of the bills signed to answer the most pressing occasions, we imagine your draft cannot be answered before the latter end of next week. We have, however, been able to borrow about £8,000 for you, which we will bring with us, expecting to set out JOURNAL OF THE PROVINCIAL CONGRESS. 101 for New-York this afternoon — the Congress having ad- journed this morning till the 5th of September next. " We are, sir, your most obt. servts. "PHIL. LIVINGSTON, "GEORGE CLINTON. " Philadelphia, 2d Jlugust, 1775. " To Peter Van Bkugh Livingston, Esq." A letter from John Hulbert, of the 27th ult. was read and filed, and is in the words following, to wit : " South-Hampton, July 27th, 1775. " Gentlemen — I wrote to you the 20th inst. inform- ing you that I had enlisted 49 men. I would now acquaint that I have added to that number, so that this day sixty- eight have passed muster. In a day or two, I hope to make a return of the whole. "I am, gentlemen, your humble servt. "JOHN HULBERT. " To the Provincial Congress at New-York." A letter from Abraham Yates, Jr. Esq. chairman of the committee of Albany, relative to George Sullivan, and covering a copy of a letter from Gen. Wooster to Col. Waterbury, relating to the same person, was read and filed. The copy of Gen. Wooster's letter was also read and filed. Whereas, those counties which are now represented in this Congress by a majority of the Delegates sent hither for that purpose, may be deprived of their weight of re- presentation by the absence of members upon the public service : Resolved, therefore, That all members who are absent by the order of this House or of the Continental Congress, shall be counted with those who actually appear ; and when a majority shall appear upon such counting, then those members actually present shall give their vote for the said county, as if a real majority were present at this Board. Mr. John De Lancey having insulted Mr. Scott, a mem- ber in this House, while the Congress was sitting, by call- ing him a scoundrel, and attempting to run his fist in his face, Ordered, That Mr. John De Lancey be reprimanded by the President for his conduct, and that he ask the par- don of this Congress for his offence. Mr. Low then moved (and was seconded by Mr. Fos- ter,) that the Congress also make and enter on their mi- nutes, an order in the words following, to wit : Ordered, That they be enjoined to let the dispute stop here, and that they proceed no farther in it. And debates arising thereon, and the question being put, whether the House will agree to such order, it was carried in the affirmative, in the manner following, to wit : For the affirmative. For the negative. Dutchess, 2 Westchester, 2 Albany, 3 Orange, 2 Kings 2 — Richmond, 2 4 Queens, 2 Tryon, 2 Charlotte, 2 Suffolk, 2 Ulster,... 2 Messrs. Sears, Smilh and Beek- «ew-YorK, Ji man; dissent from the vote of 03 New-York. Ordered, therefore, That Mr. Scott and Mr. De Lan- cey be enjoined to let the dispute stop here, and that they proceed no farther in it. Ordered, That Mr. Scott and Mr. De Lancey be each of them served with a certified copy of the said orders by one of ihe Secretaries. Ordered, That Capt. John Lamb be authorized to get the clothes of his company from Mr. Peter T. Curtenius, when they are made. A certificate of Dr. John Jones and Dr. Bard, bear- ing date on this day, was read and filed. Those gentle- men thereby certify that they have examined Dr. Ebene- 26 zer Haviland respecting his knowledge of physic and sur- gery, and that they find him very competently qualified to act as surgeon of a regiment. Agreed and Ordered, That the said Ebenezer Haviland be appoint- ed surgeon to the fourth regiment of the troops raised in this Colony. Ordered, That the consideration of the resolutions moved by Mr. Low on Wednesday, the second inst. with respect to the insult offered to this Congress by de- stroying the boat ordered to be built for the use of His Majesty's ship Asia, and which was appointed for this day, be taken into consideration to-morrow morning. The Congress adjourned till 9 o'clock to-morrow morn- ing. DIE SABBATI, 9 ho. a. m. August 5th, 1775. The Congress met pursuant to adjournment. Without prayers. Present — Peter Van Brugh Livingston, Esq. President. A letter from Dirck G. Brinckerhoff, chairman of the committee of Rombout's precinct in Dutchess county, re- questing longer time to get the association signed, was read and filed. Ordered, That Gilbert Livingston, Esq. write a private letter to the committee, informing them that the Congress agrees to their request. Mr. Low moved (and was seconded by Mr. Henry Wil- liams,) in the words following, to wit : I move that a committee be appointed to consider of and report as soon as possible, the ways and means best adapted to discharge the debts already contracted, and which hereafter may be contracted, by this Congress for the exigencies of this Colony in its present critical and alarming situation. The same being unanimously agreed to, the following gentlemen were appointed a committee for that purpose, to wit : Mr. Robert Yates, Mr. Tappen, Capt. Piatt, Mr. Go- verneur Morris, Mr. Lefferts, Mr. Low, Mr. Verplanck, Mr. Thomas Smith, Mr. L'hommedieu, Mr. Jackson, Mr. French, Mr. Micheau, Mr. Marlett and Mr. Watkins. And Ordered, That the said committee report with all con- venient speed. Mr. John Foster informed the Congress that the com- mittees of the several towns in Suffolk county, have re- solved not to permit any cattle or live stock to be shipped off from Suffolk county; and further informed the Con- gress that if he may be permitted to send a cargo of live stock to the West Indies, he does engage to bring back in return, military stores for the benefit of this Colony, if the same can be obtained at the port or ports to which the ves- sel shall touch, and give the first offer of the sale thereof to this Provincial Congress or such other Provincial Con- gress of this Colony as shall then be sitting. Mr. Foster's proposal being agreed to by the Congress, Ordered, That Mr. Foster be permitted to ship a cargo of live stock to the West Indies, that he may be thereby enabled to procure military stores. Resolved, That the troops enlisted by this Colony shall be allowed fifty-three shillings and four pence per month, in such manner as the troops of Connecticut and Massa- chusetts Bay receive their pay. That they be allowed one blanket and one regimental coat : that they be allowed ten shillings for the use of their arms, and that those who have no arms shall have, arms purchased for them by the Colo- ny, and that such arms shall be returned at the end of the campaign, in good order ; and if not returned, shall be paid for by such soldiers as shall be in default on that ac- count. 102 JOURNAL OF THE PROVINCIAL CONGRESS. The President produced a warrant of the Continental Congress, bearing date on the first day of August inst. for the payment of 175,000 dollars to this Congress; which was read, and is in the words following, to wit : " In Congress, August 1st, 1775. " Resolved, That a sum not exceeding one hundred and seventy-five thousand dollars be paid to the Provincial Convention of New-York, to be applied towards the dis- charge of the moneys advanced and debts contracted for the public service by the said Provincial Convention and the committee of Albany in pursuance of the directions of this Congress ; and that the said Provincial Convention account to this Congress at their next meeting for the ap- plication of the said money. "JOHN HANCOCK, President:' The order of the day being read, the Congress resumed the consideration of the resolutions moved by Mr. Low on the second inst. The same were read, and being again read paragraph by paragraph, on the reading the second resolution, to wit, the last paragraph, Mr. McDougall moved that the word base be obliterated and the word in- solent inserted in its stead. And the same being unani- mously agreed to, Ordered, That the said amendment be made. The last paragraph being read, Mr. McDougall then moved that the words, " and enemies to their country," be obliterated ; and debates arising thereon, and the question being put it was carried in the affirmative in the manner following, to wit : For the affirmative. For the negative. Ulster, 2 Richmond, 2 Dutchess, 2 — Orange, 2 2 Albany, 3 Westchester, 2 Mr. Morris dissenting. New- York, 4 Marston and Low dissent- Kings county equally divided ; ing. Queens county has not a quo- Tryon, 2 rum ; Charlotte county did not Suffolk, 2 vote. 19 Ordered, Therefore that the words " and enemies to their country," be obliterated. Mr. Gilbert Livingston then moved, (and was seconded by Mr. Melancton Smith,) that the said motion and reso- lutions be wholly rejected; and the question being put thereon, it passed in the negative, in manner following, to wit : For the resolutions. Against the resolutions. Kings, 2 Suffolk, 2 New-York, 4 Orange, 2 Albany, 3 Ulster, 2 Westchester, 2 Tryon, 2 Morris dissenting. — Charlotte, 2 8 Richmond, 2 15 Resolved and ordered, therefore, That the said resolu- tions, with their preambulary recitals or introductions, as amended and agreed to, be entered on the journals as part of the proceedings of this Congress, and that the same be published in the newspapers ; which said resolutions, as amended, with their recitals are in the words following, viz : Whereas, it appeared to the Committee of Safety ap- pointed by this Congress, during their late recess, that a barge belonging to his Majesty's ship Asia, was, without any provocation, attacked and most wantonly destroyed : And whereas, the corporation of the city had, under the sanction of the said committee ordered another barge to be built, in order to replace the barge so destroyed as afore- said : And whereas, this Congress had approved of that and the other conduct of their said committee and voted them their thanks for their faithful services : And whereas, notwithstanding some disorderly and evil disposed persons did, in the night, destroy and render useless said barge, so ordered to be built as aforesaid, by sawing it in pieces : And whereas, the corporation have since formally applied to this Congress for their directions in the premises : Resolved, That the perpetrators of the said act are guilty of a high offence and insult against this Congress and the Colony they represent, as endeavouring to contra- vene the true intent and meaning of their appointment. That they are insolent violators of the association sub- scribed by this Congress and by them recommended to the adoption of their constituents. In order therefore that the sense of this Congress may be fully known relative to such outrageous acts, Ordered, That this lesolution be immediately made pu- blic ; not doubting but that the good inhabitants of this Colony will duly assist and support this Congress in de- lecting, convicting and bringing to condign punishment all such factious offenders, as disturbers of the public peace. Ordered, That the committee of the city of New-York be requested to send for any such persons before them as they shall think proper to examine ; and that they take examinations and every other such measure as they shall devise or think proper, to discover the persons who sawed and destroyed the boat lately ordered to be built for the use of his Majesty's ship Asia. And that they report their pro- ceedings and discoveries therein to this Congress, with all convenient speed. Three of the Delegates of this Colony in Continental Congress informed this Congress that they have received a sum of money of a particular fund, which they will lend to this Congress for a few days, on receiving security for the same. Ordered, That Peter Van Brugh Livingston, Esq. the President of this Congress, receive from the said Delegates such sum as they can lend, and give his note or obligation for the same. And Ordered, That Mr. Livingston pay four thousand pounds of that money to the colonels of the respective re- giments, or for their use, in such proportion as he shall think expedient, and that he pay the residue thereof to Mr. Joseph Hallett. Ordered, That one of the Secretaries write a letter to Charles Thompson, Esq. Secretary of the Continental Congress, requesting of him a certified copy of the rates of the pay of the troops in the Continental army, from a colonel downwards. The Congress adjourned to to-morrow morning 9 o'clock. DIE LUN.E, 9 ho. a. m. August 1th, 1775. The Congress met pursuant to adjournment. Present— Peter Van Brugh Livingston, Esq. President. A draft of a letter to Gen. Wooster was read and ap- proved before a sufficient number of members appeared to constitute a Congress. Soon after, a sufficient number of members appeared in the Congress chamber, and the said draft being again read and a postscript added thereto, the said letter and postscript are in the words following, to wit : " Sir — The Congress are not now sitting ; we are un- der a necessity of applying to you for the loan of 2001bs of gutipowder. " Please sir, to deliver to the order of Ezra L'homme- dieu and John Foster Esqs. two hundred weight of pow- der on account of this Colony, for which the Congress here will send you an order, and see it replaced as soon as possible. " I am, sir, your humble servant, " PETER V. B. LIVINGSTON, Presl. « August 1th, 1775. JOURNAL OF THE PROVINCIAL CONGRESS. J 03 " TV. B. The Congress are since met, and request you immediately to send off four companies of your troops to march to the east end of Long Island, to assist the inhabi- tants there in preventing the stock from being taken off by the King's troops for the use of the army at Bos- ton. " N. B. They are to be under the command there of Col. Phineas Fanning." Ordered, That a copy thereof be engrossed, and signed by the President and sent to (Jen. Wooster. A draft of a letter to Col. Phineas Fanning was read and approved, and is in the words following, to wit : " Col. Fanning : " Sir — You are requested immediately to repair to the east end of Long Island and take the com- mand of the militia to be raised there and the troops that will be sent from Gen. Wooster's camp, and also the for- ces raised by this Colony, now on the island, and use your best endeavours to prevent the cattle from being taken off the island by the ministerial army, and protect the inhabi- tants from insult. "We depend on your activity and courage, and hope you will be able to give a good account of Gen. Gage's detachment. " We are sir, your very humble servts. " By order of Congress. " To Col. Phineas Fanning, at Southhold." Ordered, That a copy thereof be engrossed, and sign- ed by the President and sent by the messenger from Suf- folk county. A draft of a letter to Mr. John Chatfield, chairman of the committee of East-Hampton, was read and approved, and is in the words following, to wit : " Si*t — We have received your express, and request you would use your best endeavours to prevent the minis- terial army from taking off the cattle from your island. As Col. Fanning is near the spot, we desire that he take the command of the troops that may be raised for this service. Powder, &c. will be sent you immediately with four companies from Gen. Wooster's camp ; these troops are also to act under Col. Fanning. " Orders have been sent to Capt. Grinnel to march to vour assistance immediately. We depend on your ac- tivity, and are " Your humble servants. " By order of the Congress. " P. S. It is requested, that the officers that you may employ in this service be under Col. Fanning's command, and that you would provide the troops with all neces- saries. "To John Chatfield, Esq. Chairman of the Committee of Correspondence, East-Hampton." Ordered, That a copy thereof be engrossed, and signed by the President and sent by the messenger from Suffolk county. The Congress then adjourned to 9 o'clock, to-morrow morning. DIE MARTIS, 9 ho. a. m. August Sth, 1775. The Congress met pursuant to adjournment. Opened with prayers by the Rev. Dr. Auchmuty. Present— Peter Van Brugh Livingston, Esq. President. A letter from the committee of Tryon county, dated the 15th ult. was read and filed ; whereby they inform the Congress that John Fry, Anthony Van Vechten and Mat- thew Warmood, the officers appointed to a company in that county, have declined the service, and that the said committee have appointed Christopher P. Yates, captain, Andrew Fink, Jr. and John Keyser, Jr. lieutenants. A letter from Christopher P. Yates, of the 25th ult. was read, whereby it appears that he had raised fifty-one soldiers for his company, and expected to have the com- pany full in ten days. Ordered, That warrants be made out to those gentle- men in Tryon county, to wit : Christopher P. Yates, cap- tain, Andrew Fink, Jr. 1st lieutenant, and John Keyser, Jr. 2d lieutenant, and that the said warrants be dated on the 15th ult. Resolved, That the several committees and sub-com- mittees of the different counties within this Colony be di- rected immediately to purchase or hire all the arms, with or without bayonets, that are fit for present service, (upon the credit of the Colony) and to deliver them to the re- spective colonels in this Colony, employed in the Conti- nental service, or their order, for the use of the Continen- tal army. Resolved, That the said colonels execute the above re- solution in those districts where the committee shall neg- lect or be unable to comply with the above resolution. Resolved, That Messrs. Joseph Hallett and Egbert Dumond proceed forthwith to Philadelphia with the war- rant from the Continental Congress for 175,000 dollars, to receive and remit the same in parcels to this Congress by safe conveyances. And Ordered, That the said warrant be delivered to those gentlemen, or one of them, by Peter V. B. Livingston, Esq. the President of this Congress ; and it is requested that the Continental Treasurers discharge the said war- rant with all possible despatch, as the public creditors are very pressing for their demands. Ordered, That Peter V. B. Livingston, Esq. pay to Thomas Pettit, as door-keeper of this Congress, twenty pounds on account, and take his receipt for the same. Ordered, That Col. Lispenard, Mr. Brasher, Mr. Jour- ney, Col. Ten Broeck, Col. James Van Cortlandt, Col. Hoffman, Mr. Hobart, Mr. Herring, Mr. Williams, Capt. Hornbeck, Col. Blackwell, Mr. Marlett and Mr. Watkins be a committee to form and report a proper arrangement of the militia of this Colony, and that they report with all convenient speed. A memorial of Philip Van Rensselear, of Albany, ap- pointed by Robert Livingston, Esq, Deputy Commissary General, to purchase barrelled pork for the use of the Continental army, was read. The said memorial set forth that pork cannot be pur- chased in this Colony, and requests that this Congress would write to Gov. Trumbull for leave to purchase 450 barrels of good, merchantable pork in Connecticut, and have the same shipped to Messrs. Dennis & Dawson, in New- York. Ordered, That Gov. Trumbull be requested, and he is hereby requested by this Congress, to permit the quantity of four hundred and fifty barrels of good merchantable pork to be sent to New-York, to the care of Messrs. Dennis & Dawson, to be forwarded for the use of the Continental army in the northern part of this Colony. A draft of a letter to Maj. Gen. Schuyler, was read and approved of, and is in the words following, to wit : " Sir — We have received your several letters of the 16th, 21st, 22d, 26th and 27th of July, the first of which was received on the 31st of July, and the others all on the 1st of August. Although we have deferred answering them till now, yet be assured that we have paid the most unre- mitted attention to the subject matter of them, and have been doing every thing in our power to comply with the requisitions contained in them. We are sensible of the necessity you urge of strengthening the garrisons at Ti- conderoga and Crown Point, and have been indefatigable in preparing our regiments to embark for that purpose, but find ourselves much embarrassed in procuring arms. This day four companies of Col. McDougall's regiment, under the command of Lieut. Col. Ritzma, are embarked for Albany, completely equipped ; and, rest assured sir, that no time shall be lost in forwarding the remainder of them as soon as they have arms. The Albany regiment we un- 104 JOURNAL OF THE PROVINCIAL CONGRESS. derstand is full and nearly supplied with arms. Col. Clin- ton's, though full, have scarcely any arms at all. Orders have been given to the several colonels to send such of their men as are furnished with arms, and they will be fol- lowed by the rest as soon as possible. The greater part of the clothing and other necessaries have already been forwarded for the regiment at Albany. We enclose Mr. Curtenius' account of all the supplies he has furnished, from which it will appear that almost all the articles in your estimate are sent ; the rest will be forwarded in a few days. " We have appointed Mr. Duer, deputy adjutant-general, and his commission has been sent to him by Col. Camp- bell, so that we hope he has joined or will join you soon. " With respect to the appointment of a commander of the artillery, recommended by you to our attention, we are utterly at a loss for a proper person to fill that office, and, therefore, have as yet done nothing in the matter. Capt. Lamb has orders for marching; he has about thirty men enlisted in his company of artillery, and orders to fill it up by drafts out of the four regiments at Ticonderoga. " We have the pleasure to inform you that in addition to what was before sent, two tons and an half of powder was forwarded from Dobbs' ferry last week by Capt. Dowe. "The Congress, in order to procure a supply of arms, have resolved that every soldier who finds his own arms, shall be allowed ten shillings for the use of them, and that such as have them not shall be furnished by the Province ; and for this purpose we have authorized the several com- mittees in the counties to hire or purchase such arms as can be got for the use of the Province. " We are, sir, yours, &c. " P. S. We should be glad to know what progress has been made in the enlistment of the Green Mountain Boys." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted, with the accounts there- in mentioned, enclosed, by the first conveyance. The Congress adjourned to 9 o'clock to-morrow morning. DIE MERCURII, 9 ho. a. m. August 9th, 1775. The Congress met pursuant to adjournment. Opened with prayer by the Rev. Dr. Rodgers. Present — Peter Van Brugh Livingston, Esq. President. A letter from Robert Hemstead, chairman of the com- mittee of Southhold, in Suffolk county, of the seventh inst. was read and filed. The said letter informs that thirteen sail of vessels, eight of which were supposed to be ships of war, had been cruising between Montauk and Fisher's island, and were then riding at anchor between that island and the oyster ponds. The said letter prays for an addi- tional supply of gunpowder. Mr. Hobart, from the committee to form an arrangement of the militia of this Colony, delivered in a report, and asked leave to sit again. The said report was read ; and being again read, paragraph by paragraph, and amended, was filed, and is in the words following, to wit : " Your committee do report, that it be recommended, " 1 . That every county, city, manor, town, precinct and district within this Colony, where the same is not already done, be divided into districts or beats, by the respective committees, in such manner that out of each may be form- ed one military company, ordinarily to consist of about eighty-three able bodied and effective men, officers includ- ed, between sixteen and fifty years of age. The battalion commanded by Col. Lasher, the companies of artillery, light horse and hussars in the city and county of New- York, and the troops of horse, companies of grenadiers, and the associated companies already formed in the several cities and counties within this Colony, excepted. " 2. That in each company, so to be formed, there be chosen (in the manner hereinafter mentioned) one captain, two lieutenants, one ensign, four sergeants, four corporals, one clerk, one drummer and one fifer. " 3. That two committeemen, at the least, attend in each district or beat, on a day to be by them appointed for the purpose of choosing the above mentioned officers, who shall be persons within such beat or district, who have signed the general association recommended by this Con- gress; that such choice or election be made in the manner following, to wit: After the company is drawn up, the committeemen, who preside at the election, may repair to a station at some convenient distance from the company ; then let the men pass in a single file between them, each man giving in the name of the person he chooses to fill the office in question, the majority of such votes to determine the election. But in case the votes shall be so divided that no one has the majority, then the presiding committee- man to acquaint the company therewith and call them to a new election ; the same to be repeated till such majority be obtained, or the company agree upon some other mode of choosing the officers. The names of the captains, lieu- tenants and ensigns so chosen, to be returned with all con- venient speed, to this or some future Provincial Congress of this Colony, or during their recess to the Committee of Safety, to be commissioned by them. " 4. That whenever a vacancy shall happen in any com- pany, by the promotion, death or resignation of an officer, such vacancy to be filled up in the before mentioned manner. " 5. That those companies, in the above excepted bat- talion commanded by Col. Lasher, which are now under the direction of field officers, shall for the future be com- manded by captains, who are to be chosen in the manner above directed. " 6. That for the purpose of completely carrying into execution the recommendation of the Continental Congress, after the whole militia is formed as above, that every fourth man of each company be selected for minute men, of such persons as are willing to enter into this necessary service. That the officers of the militia make, with all convenient speed, a return of the names of those persons to the committee of their respective counties, who shall thereupon arrange those men into companies, and who are to recommend to such new arranged companies the choice of their officers in the manner above mentioned. Provided that where whole companies offer their service as minute- men, they shall be commanded by the officers already cho- sen ; and the remaining number of the minutemen shall be completed out of the other companies as above. " 7. That the several committees do return to the Se- cretary of the Provincial Congress of this Colony, the names of such persons as do refuse to conform to the above resolve. " All which is humbly submitted." Ordered, That Congress do agree with the said com- mittee in their report. And Ordered, That it be published as resolutions of this Congress in all the newspapers. The mayor and some other of the magistrates attending at the door, informed one of the members that Capt. Van- deput, of His Majesty's ship Asia, had requested to know whether he will receive a boat in lieu of that lately de- stroyed. Ordered, That the mayor and magistrates be informed that is the sense of this Congress that a new boat be built for the use of His Majesty's ship Asia. Thereupon the Congress entered into a resolution in the words following, to wit : Whereas the barge ordered to be built to replace the one belonging to His Majesty's ship Asia, lately destroy- ed, was, when lately finished, sawed to pieces in the night by some disorderly persons : Resolved, That the mayor and magistrates of this city be requested to procure another barge to be built in this city for the purpose aforesaid ; and all persons are strictly enjoined not to obstruct the building the said barge, or the JOURNAL OF THE PROVINCIAL CONGRESS. 105 delivery thereof to the commander of His Majesty's said ship, as those who shall give any obstruction thereto will be considered and treated as enemies to their country. Ordered, That the same be published in the newspapers. A letter from Peter T. Curtenius was read and filed. He therein encloses an invoice of certain bales of goods which may be purchased for cash at Philadelphia, and set- ting forth his great difficulties for want of money. Many of the goods mentioned in the said invoice being unnecessary for the supplies now wanted in this Colony, and others of extremely high prices, Ordered, That Mr. Curtenius be desired not to purchase them. Captain Thomas Wickham having at present the care of Gardiner's Island and the stock thereon : Ordered, That he have leave to go there to endeavour to prevent the stock from being taken on board of the ships now there, for the use of Gen. Gage's army ; and that Mr. Wickham be considered as present and Suffolk county members have a vote while he is absent on that business. The Congress adjourned to 9 o'clock to-morrow morning. DIE JOVIS, 9 HO. A. M. August 10th, 1775. The Congress met pursuant to adjournment. Opened with prayer, by the Rev. Mr. Gano. Present — Peter Van Brugh Livingston, Esq. President. A letter from Col. Phineas Fanning, dated the 8th inst. informing of the situation of thirteen sail of vessels at Gardiner's Island point, was read and filed. A letter from Isaac Sears of the 8th inst. excusing his absence, and informing that he will be necessarily ab- sent this month. Ordered, That the powers of the military committee be continued for one week from this day. The Congress adjourned to 9 o'clock to-morrow morning. officers as they shall think necessary to leave to recruit men,) and that they there wait the directions of their general officer or officers. Resolved and Ordered, That the pay of the officers em- ployed in the troops now raised or raising in this Colony, shall commence from the time they were respectively taken into the service. Mr. Low from the committee appointed to report the ways and means best adapted to discharge the debts con- tracted for the exigences of this Colony, delivered in their report, which was read arid filed. Ordered, That the said report be taken into considera- tion next Tuesday morning. Ordered, That Mr. Roosevelt and Mr. Verplanck be a committee to reconsider the bounty agreed by this Con- gress to be given on gunpowder, and to report a proper resolve for applying the said bounty to the making of salt- petre. A letter from Samuel Broome bearing date this day, was read and filed. He thereby informs the Congress that he had withdrawn his company from Col. Lasher's battalion to prevent some dispute with another company. That when he returns from the country he will with plea- sure join any other battalion. The Congress adjourned until 9 o'clock to-morrow morn- ing. DIE VENERIS, 9 ho. a. m. August llth, 1775. The Congress met pursuant to adjournment. Opened with prayers by the Rev. Mr. Inglis. On motion of Col. McDougall, Ordered, That 125 pouches, belts, bayonet belts and slings, be made for the officers of the four regiments and for the officers of the artillery company. A letter from Thomas Helme, chairman pro tempore, of the committee of Brookhaven, bearing date the 3d day of August, inst. was read and filed. The said let- ter informs that Parson James Lyon, Benjamin Floyd, Dr. Gilbert Smith, Joseph Denton, Richard Floyd and John Baylies, innkeeper, are counteracting every measure recommended for redress and grievances, and opposing the measures of Congresses and committees ; that they have declared they will furnish, and that it is suspected they have furnished the men of war and cutters with provisions. The said committee request the Congress to direct such measures as they shall think proper to suppress such con- duct. Ordered, That Mr. Kissam, Mr. Robert Yates, Mr. Low, Mr. L'hommedieu, Mr. Herring and Mr. Ward, be a committee to take the subject matter of the letter into consideration, and that they report such general resolutions or regulations as may be proper to be entered into or or- dered by this Congress to be done in cases of this nature. Resolved and Ordered, That the Colonels McDougall, Clinton and Holmes, do respectively march to Albany with all convenient speed, with the men now raised and under their respective commands, (except the three com- panies at the east end of Long Island, and such recruiting 27 DIE SABBATI, 9 ho. a. m. August 12th, 1775. The Congress met pursuant to adjournment. Opened with prayers by the Rev. Dr. Laidley. Present — Peter Van Brugh Livingston, Esq. President. Major William Williams one of the deputies of Cum- berland county, produced a certificate of James Clay, chairman pro tempore, of Cumberland county Congress, which was read and filed, and is in the words following, to wit : " Westminister County Hall, > " July 26, 1775. $ " In Congress — Resolved, nem. con. That our dele- gates chosen on the 7th day of June last, be qualified to to act in the Provincial Congress at New-York, singly, in as ample and full a manner when but one is present as the whole of said Delegates, when the whole are present at said Provincial Congress. "Attest. "JAMES CLAY, " Chairman pro. tern, of said County Congress." A letter for Gen. Montgomery of the 8th instant was read and filed, and is in the words following, to wit : " Albany, August 8th, 1775. " Sir — Finding by a letter from your Congress to the committee here, that a return is required of the number of blankets wanting to furnish the battalion raising in this quarter, and being extremely apprehensive the service will be retarded by such a delay, I venture to request, by express, that the following articles may be forwarded with the utmost expedition, as without them the regiment can not possibly take the field, and Gen. Schuyler is exceed- ingly anxious to be joined by the York troops with the ut- most despatch : 600 blankets or something equivalent, 600 tomp lines to cany packs, 130 camp-kettles, pouches for the whole regiment, 88 stand of arms, a large quantity of shoes. Should not all those articles be completed in a short time, I beg any proportion of them may be forwarded immediately, which can be suddenly obtained. " I can't pass this opportunity of expressing my appre- hensions that some bad consequence may attend our indul- gence to officers in His Majesty's service, and others whose principles are suspicious. You know, without doubt, that Capt. Hutchinson left Gen. Haldiman and re- turned to Boston, after informing himself perfectly of our situation. It now appears by the affidavit of a batteau- 106 JOURNAL OF THE PROVINCIAL CONGRESS man that Lieut. Col. Allen McLean (upon half-pay) who came to York about two months since in the packet, upon pretence of taking up lands, and went to Boston on matters relative to that business, returned from thence to New- York, and passed in disguise through the country to Os- wego, where he boasted of his exploit, put on a red coat, seemed to take upon him some command, and went to Ca- nada with Col. Guy Johnson. " I must beg to refer you to a letter I had the honour to enclose you the other day for Mr. Sears, touching some other suspicious persons. Should Mr. Sears not have been in the way, I beg you will open it. Mr. Sears' activity, zeal and industry in the cause, induced me to trouble him upon this occasion, well knowing you have more business than you can find time to go through. " I am, sir, with the highest respect, " Your most obedt. and very humble servt "RICHD. MONTGOMERY, Brig-Gen. " To Peter Van Brcgh Livingston, Esq. P. S. As soon as any part of the first regiment is ready, let them proceed ; we are told powder is no longer scarce. Tryon county wants it exceedingly. I have ventured to send them a little of what is come from Philadelphia." Ordered, That Mr. Peter T. Curtenius be requested to purchase 600 blankets, and to purchase and procure to be made 600 tomp lines, and 720 pair of shoes, and forward the same to Albany with all possible despatch. A copy of the examination of Gerrit Rooseboom of the city of Albany, taken before the sub-committee of the city and county of Albany on the 15th July last ; and also a copy of the examination of Benjamin Davis, (alias John Johnson,) sworn before John Ten Broeck, Esq. at Albany, both relating to Indian affairs, were read and filed. Mr. Roosevelt from the committee to reconsider of the bounty resolved to be given on gunpowder, delivered in their report, in the words following, to wit : Your committee for considering the resolution of this Congress, of the 9th of June last, for allowing a bounty on all gunpowder manufactured in this Colony, and also of proper encouragement to be given for the manufacture of saltpetre, do report : " That they conceive that this Congress cannot consis- tent with honour, recede from the resolution entered into respecting the bounty on gunpowder. That, notwith- standing proper encouragement ought to be given for the manafacture of saltpetre. That therefore they are of opinion that this Congress do enter into a resolution to stipulate the price of good and merchantable salt-petre at half a dollar for each pound that shall be made in this Colony, before the 1st day of October, 1776 ; and that they will purchase on account of the United Colonies, all that the respective manufacturers cannot dispose of, at that rate, to the manufacturers of gunpowder during the period aforesaid. "Your committee do further report, that such a resolution is agreeable to a recommendation of the Continental Con- gress of the 28th of July last. " All which is most humbly submitted, " By your committee, "ISAAC ROOSEVELT." A letter from Capt. Henry B. Livingston informing that his company is ready, and requesting to know who is his Col. was read and filed. Ordered, That Col. Hoffman write a private letter in answer to Mr. Livingston's letter and enclose him copies of such papers and such extracts of the minutes as will give him proper information. A memorial of Peter Clopper and sundry other mer- chants of the city of New-York, was read and filed. The memorialists set forth that a difference of opinion hath arisen in this city, with respect to the propriety of ship- ping flax-seed to Ireland from this Colony, and beg that the Congress will by some act or publication of theirs, declare whether the people of this Colony are or are not at li- berty to ship flax-seed as aforesaid ; and also to satisfy the public of the sense of the Continental Congress on that subject ; if such, their sense has been communicated to this Congress as before suggested. Thereupon the Con. gress entered into aresolution in the words following to wit Whereas, doubts have arisen in the minds of some of the good people in this Colony, respecting the propriety of exporting flax-seed before the 10th of September next : And Whereas, the respectable Continental Congress thought proper not to make any alteration in the non-expor- tation system agreed to last year : in order to remove such doubts, Resolved, That this Congress are clearly of opinion that every person hath an undoubted right to export that article before the 10th of September next. Ordered, That the above resolution be published in the newspapers. A draft of a letter to Brigadier-General Montgomery, in answer to his letter received this day, was read and ap- proved of, and is in the words following, to wit : "In Provincial Congress, ) / "August 12th, 1775." I " Your letter of the 8th August has been considered by the Congress, and agreeable to your request they have di- rected Mr. Cuitenius to forward you with all possible des- patch, such of the articles of your order as have yet not been sent up ; they are doubtful if the whole can be pro- cured immediately, but as fast as they can be obtained you will have them sent to you. Arms cannot be had here, but the committee of Albany are furnished with a resolu- tion which will readily enable them to purchase or hire as many as you want. Four companies of the first regiment of New-York troops are, we hope, before this time with you, and the others are preparing to follow with all expedition. We shall pay a proper attention to the apprehensions you express from the half-pay officers, and others who are not well affected to American liberties ; and we trust to the vigilance of the Albany committee that they will use every necessary precaution to render abortive the designs of our enemies. " P. S. You have been misinformed with respect to the arrival of gunpowder here. We are sorry to inform you we are entirely destitute, as yet, of that very necessary article. " We are, sir, yours, &c. " By order. " To Brigadier General Montgomery." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted by the messenger who brought Gen Montgomery's letter. The Congress then adjourned to next Tuesday morning at 9 o'clock. DIE MARTIS, y HO. A. M. August 1 5th, 1775. The Congress met pursuant to adjournment. No prayers. A letter from General Schuyler of the 31st of July last, was read and filed, and is in the words following, to wit : " Ticonderoga, July 31st, 1775. " Gentlemen — I do myself the honour to enclose you copy of a letter and paper, I have received from the peo- ple called Green Mountain Boys, together with a copy of my letter in answer. I am apprehensive that the contro- versy that has arisen amongst them, relative to the field officers will cause delay in the levies. Whilst at New- York and even after my arrival here, on conversing with Allen and Warner, I did not conceive there would have been any contest between them, or that a third person would have been recommended by the people as a field officer ; on that supposition and believing the people unan- imous in their favor, I should not have hesitated to have recommended them. You will please to send up the warrants for the captains JOURNAL OF THE PROVINCIAL CONGRESS. 107 and lieutenants without being filled up, lest any that are nominated should decline the service. The warrants com- pleted for such field officers as you may appoint, you will also please to furnish me with. I have got some New-England men to make oars in this quarter. If therefore you order me six hundred it will be sufficient ; these I wish up as soon as possible. " Some of the stores are arrived, and I hope the remain- der will soon be here. " I beg leave to remind you that the proper officers and necessaries for an hospital, will be most indipensably ne- cessary. The troops already here, begin severely to feel the want of them. " Please to order all the powder that is made at Judge Livingston's powder mill, to Albany, with as much de- spatch as possible, directed to the care of the Deputy Com- missary-General, Walter Livingston, Esq. " The clothing and tents, for the Green Mountain Boys, I wish you to forward as soon as possible. " I am, gentlemen, with great respect, " Your most obedient humble servant, PH. SCHUYLER. "To Peter Van Brugh Livingston, Esq. &c." The several papers referred to in the preceding letter from Gen. Schuyler, were respectively read and filed, and are in the words following, to wit : " May it please your Honour : " In compliance with the orders of Congress, as well as your recommendation, I enclose the proceed- ings of our committee meeting on the New-Hampshire grants, upon due notice to the towns in general. All which is humbly submitted to your wisdom, not doubting but the warrants will issue agreeable to our wishes. " We are your most obedient, " In behalf of the committee, " NATHAN CLARK, Chairman. " Dorset, July 28th, 1775. " To the Hon. Gen. Schuyler." " At a meeting of the committees of the several town- ships on the New-Hampshire grants, west of the range of Green Mountains, convened at the house of Mr. Cephas Kents, in the township of Dorset, July 27th, 1 775 ; voted as follows, to wit : " 1st chose, Mr. Nathan Clark, Chairman. " 2d chose, John Fasset, Clerk. " 3d. The motion being made, and seconded, whether this convention shall prosecute in choosing field and other offi- cers, according to the Provincial Congress and your Ho- nour's direction ? " Passed in the affirmative, then proceeded as follows : " 4th. Chose Mr. Seth Warner lieutenant-colonel for the regiment of Green Mountain Boys, by a majority of forty- one to five. " 5th. Chose Mr. Samuel Saffbrd major for said regi ment, by a majority of twenty-eight to seventeen. " Then proceeded and chose seven captains and four teen lieutenants, by a great majority, viz : Captains. Weight Hopkins, William Fitch, Oliver Potter, Gideon Brownson, John Grant, Micha Vail. Heman Allen, First Lieutenants. John Fasset, Jille Bleaksley, Ebenezer Allen, Ira Allen, Barnabas Barnam, Gideon Warren. David Galusha, Second Lieutenants. Johan Noble, Nathan Smith, James Claghorn, Jesse Sawyer, John Chipman, Joshua Stanton. Philo Hard, NATHAN CLARK, Chairman:' " Head-Qcarters, \ " Ticonderoga, July 21, 1775. 5 "Sir — Your letter, dated Dorset 28th, July, has been delivered to me by Capt. Fitch, together with the votes that were enclosed. " The choice of the captains and lieutenants being left unconditional to the people, those chosen will receive their warrants as soon as they come to my hands ; and that the levying of the men may not be retarded, you will sig- nify to them that I hereby empower them immediately to proceed to that business, without waiting for the warrants. " And in order to prevent any confusion that may take place, the captains and lieutenants must immediately sig- nify to me, in writing, that they accept or decline the offi- ces to which they have been elected. " The votes I shall immediately transmit to Congress, that they may approve of the field officers, or appoint oth- ers out of your body, as they may think proper. " I am, sir, your humble servt. "PH. SCHUYLER. " To Mr. Nathan Clark, Chairman, &c." Ordered, That blank warrants be sent to Gen. Schuy- ler for the seven captains and fourteen lieutenants, of the troops to be raised by this Colony, from among those call- ed the Gleen Mountain Boys. Ordered, That Gen. Schuyler be requested and autho- rized to appoint a lieutenant-colonel, or major, or both, for the troops to be raised by this Colony, from among those called Green Mountain Boys, when such a number of them are raised as (in his opinion) shall make it necessary. Resolved, That when the Green Mountain Boys are raised, each of them shall be furnished with a coat, and that Mr. Peter T. Curtenius be requested to purchase coarse green cloth for that purpose, and red cloth sufficient to face those coats, and to have two hundred and twenty- five coats, of a large size, made of the said cloth. Messrs. Low, Walton, Micheau, Conner, Journey and Polhemus dissent. And, Ordered, That Mr. Peter T. Curtenius be requested to purchase proper materials for tents, and get a sufficient number of tents made for 225 men of the Green Moun- tain Boys, as soon as proper materials for tents can be pro- cured. Ordered, That a letter be wrote to the Hon. Robert R. Livingston, requesting that all the gunpowder, now at the powder mill at Rhinebeck, be sent to Walter Livingston, Esq. Deputy Commissary-General, at Albany, to be by him forwarded to Gen. Schuyler, at Ticonderoga, or his order, agreeable to Gen. Schuyler's request. A letter from Mr. Ethan Allen, bearing date at Ticon- deroga, on the 20th July ult. was read and filed. He thereby assures the Congress that he will use his influ- ence to promote a reconciliation between this Government and its former discontented subjects on the New-Hamp- shire grants. A letter from Angus McDonald, bearing date at Fair- field on the 11th, directed to any printer, and complaining of ill treatment by one of the riflemen, was read and filed. A memorial of Capt. Jacobus Wynkoop, dated this day, alleging that, considering his age and former services, he conceives himself aggrieved in his rank and situation in the troops now raised in this Colony, was read and filed. A letter from Capt. Henry B. Livingston, bearing date the 10th inst. informing that the soldiers in his company are dissatisfied because they are not allowed under clothes, was read and filed. A letter of William Duer, Esq. bearing date this day, was read and filed. He thereby expresses his respect and gratitude for the confidence this Congress placed in his zeal for the public service, in appointing him deputy adju- tant-general, and requesting an indulgence of three days to determine whether his connections with his brothers in Do- minica will admit of his accepting the commission, with- out risking their fortune by his political conduct. A letter from Gen. Montgomery, of the 10th inst. was read and filed. He thereby requests that each of the Pro- vincial troops sent forward to Ticonderoga, may be fur- nished with gunpowder at the rate of a quarter of a pound per man. 108 JOURNAL OF THE PROVINCIAL CONGRESS. Two copies of the association, signed by the inhabi- tants of Atnenia precinct, in Dutchess county, were return- ed and filed. The Congress then adjourned to 9 o clock to-morrow morning. DIE MERCURII, 9 ho. a. m. August 16th, 1775. The Congress met pursuant to adjournment. No prayers. Present— Peter Van Brugh Livingston, Esq. President. A muster roll, or return of Goose Van Schaick's regi- ment, signed by Col. Van Schaick, was read and filed. A 'letter from Johannes Sleght, Esq. chairman of the Committee at Kingston, to the Deputies of Ulster county, bearing date the 14th inst. was read and filed. He there- by informs that the soldiers raised in that part of the coun- ty have been promised by their officers to have a drilling waistcoat and breeches, two shirts, two pair of hose, a pair of shoes and hat. That the soldiers are now dissatisfied and uneasy, and refuse to march before they receive what was promised to them ; and requests directions by the re- turn of the messenger. A draft of an answer to Johannes Sleght, Esq. was read and filed, and is in the words following, to wit : " In Provincial Congress, ) " New-York, August 16th, 1775. $ " Sir — The Delegates from your county laid before the Congress a letter from you, dated the 14th inst. informing them that dissatisfaction has arisen among the soldiers rais- ed among you, on account of their not receiving jackets, breeches, &c. over and above their monthly pay, as you say their officers promised them. In answer to which the Congress inform you, that the officers had no authority from them to make any such promises, and that they have resolved to furnish them with no other part of their cloth- ing than a coat, which is at the particular expense of this Colony, and is more than any others of the Continental troops are allowed. " Four companies of the New-York regiment have alrea- dy proceeded to Ticonderoga, and three more will proceed in a day or two, who were furnished with only a coat at the public expense. " You will be pleased therefore to direct the officers to proceed with their troops to Albany with all possible speed, as no further allowance for clothing will be made. " We are, sir, " Your most obedient servants. " By order. " P. S. A blanket is allowed to each soldier at Conti- nental charge. "To Johannes Sleght, Esq. " Chairman of the Committee at Kingston." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A draft of a letter to the Hon. Benjamin Franklin, and the other members of the committee of secrecy at Phila- delphia, was read and approved of, and is in the words fol- lowing, to wit : "In Provincial Congress, ) " Neio-York, August 16th, 1775. $ « g 1R — it j s w ith reluctance that we make the present application. But being disappointed in the arrival of a vessel which we had despatched about three months since for a supply of gunpowder, and having freely exhausted our small stock for the Continental service, we now find ourselves necessitated to ask some immediate assistance from you. We have supplied the Continental camp before Boston, with 16551b. of powder, and Ticonderoga with 3001b. and have been obliged to send to the east end of Long Island all that we could procure in this city, so that we now remain perfectly destitute. " We must therefore entreat that you would oblige us with the loan of about one ton of gunpowder, or as much more as you conveniently can spare ; we shall take care to replace it from the first we shall receive. "The present exigency of this Colony, we make no doubt will induce your immediate compliance with the above request, and we therefore only further add our de- sire that the powder may be sent with all despatch to the care of the Committee at Newark. " By order. " P. S. We beg that the powder to be sent may be put up in tight casks. "The Hon. Benjamin Franklin, and the other gentlemen, members of the Committee of Safely or Secrecy, at Philadelphia." Ordered, That a copy thereof be engrossed and signed by the President and transmitted. Mr. Bedford Williams of Philadelphia, having sent in- to Congress several credentials certifying his having attend- ed lectures in physic and surgery : Ordered, That Mr. Bedford Williams be appointed sur- geon's mate to the second regiment of the troops now rais- ed in this Colony, if a surgeon's mate is not already ap- pointed to that regiment, subject to the general order of this House for the examination of all surgeons and their mates, by Dr. John Jones and Dr. Bard. Ordered, That the several companies of the troops of this Colony raised in Suffolk county, proceed to Ticonde- roga with all possible despatch to join the Continental army under the command of Major-Gen. Schuyler. Queens county dissents. A draft of a letter to Gen. Wooster, was read and filed and is in the words following, to wit : " In Provincial Congress, ) " New-York, August 16th, 1775. $ " Sir — It being absolutely necessary that the troops le- vied on Long Island, march immediately to join Gen. Schuyler, and as it is probable future attempts will be made by order of Gen. Gage to take the live stock from the east end of Long Island and the islands near it; it is conceived by the Congress that to prevent such depredations it is proper that you should continue there with your troops till further order, which you are hereby desired to do accord- ingly. " We are sir, your most obt. hum. servts. " By order. "Gen. Wooster." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Ordered, That the report of the committee of ways and means be recommitted to the same committee. Whereas, agreeable to a resolution of this Congress, the mayor and magistrates of this city have been requested to procure a barge to be built for His Majesty's ship Asia, to replace the one lately destroyed ; and this Congress be- ing informed that the carpenters in this city decline under- taking to build the said barge ; being apprehensive, by threats given out by some persons, if they should under- take to build the said barge, that the same may not only be destroyed, but that their persons or property may be injur- ed or insulted Resolved, That all persons who have given such ob- struction by threats, to the execution of the aforesaid order, or shall hereafter, by threats or violence oppose the same, ought to be considered as factious, disorderly members of thecommunity, and are guilty of a dangerous attempt to de- stroy the authority of this Congress, and to render them contemptible. Resolved, That for the purpose of effectually carrying into execution the said order, and to defeat the malicious designs of such as dare to contemn or oppose the authori- ty and orders of this House, Mr. Henry Sheaf be ordered immediately to set about building a proper barge for the said ship Asia, and to finish her with all possible despatch. JOURNAL OF THE PROVINCIAL CONGRESS. 109 And that Col. Lasher be ordered to furnish a sufficient guard, who are to be relieved at the discretion of the co- lonel, to protect the said barge while building, and to see her safely delivered for the use of the said ship. And the magistrates as well as the other inhabitants of this city, are requested to give all necessary aid in this business ; that it may be known whether a few rash and restless individuals out of doors, or the representative body of the Colony in this Congress are to direct the measures for our public safety at this dangerous and critical juncture. Resolved, That if any person or persons shall be found threatening or attempting to destroy the said barge, they be taken into custody by the said guard and detained 'till the order of this Congress shall be made respecting them. Ordered, That those resolutions be published in Holt's and Revington's newspapers, to-morrow. DIE JOVIS, 9 HO. A. M. August 17 th, 1775. The Congress met pursuant to adjournment. No prayers. A letter from Gen. Washington was read and filed, and is in the words following, to wit : " Camp at Cambridge, August 10, 1775. " Sir — Your favour of the 2d inst. is duly received, but it is out of my power to comply with the request it con- tains of forwarding commissions. All those I have yet received from the Hon. Continental Congress are far short of the number required in this army ; for which reason, when at New-York, and by letter from this, I directed Gen. Schuyler to apply to the Congress at Philadelphia for those of his department, as the shortest and easiest mode, to which I must also now refer you. " We have had no occurrence in the camp for several days worthy of notice ; but by some advices from Boston, and several concurring circumstances, we have great rea- son to suspect a part, or the whole, of the ministerial troops are about to remove. New-York is the place gene- rally talked of as their destination. I give you the intelli- gence as it came to me, but do not vouch for its authenti- city. " I am, with the most respectful regard to ycurself and the body over whom you preside, sir, " Your most obedient and " Very humble servant, "GEO. WASHINGTON. " The Hon. P. V. B. Livingston, President of the Provincial Congress, New-York." Ordered, That a copy of Gen. Washington's letter be sent to General Schuyler. A draft of a letter to Maj. Gen. Schuyler was read and approved, and is in the words following, to wit : "In Provincial Congress, \ "New-York, August 17th, 1775. S " Sir — We have received your favour dated the 31st July last, covering the proceedings of the Green Mountain Boys, in their choice of officers, and agreeable to your re- quest enclose you twenty-one blank warrants, to be filled up agreeable to their choice. The field officers were to be recommended jointly with you by this Congress, but as we are ignorant of the merits and qualifications of those among them, who would be equal to the appointment, we have therefore concluded to leave the appointment to you. The disputes already subsisting amongst their chiefs, the prin- ciples whereof we are. strangers to, is an additional induce- ment in determining us to this reference. Your acquain- tance with them, we hope, will enable you to fix the choice on such persons as may be least exceptionable, and who will most effectually promote the service. " The appointing officers, and supplying necessaries for an hospital, is a Continental expense, for which this Con- gress are not competent, but at the same time are of 28 opinion that you, as commander in chief, are fully autho- rized to order all matters necessary for that purpose ; and be assured that we shall gladly give you all the assistance in our power. " We enclose you a copy of our resolves entered into on the 15th inst. which we expect will fully answer the re- maining particulars of your letter ; as also a copy of a let- ter we received of Gen. Washington, dated the 10th inst. " With respect, your humble servants. " By order. " Major-General Schuyler." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted, together with copies of the minutes of this Congress on the fifteenth inst. in pur- suance of the requisitions in Gen. Schuyler's letter. Col. McDougall moved, and was seconded by Col. Lis- penard, that two brass kettles, to contain ten gallons each, be provided for each company of the troops raised in this Colony, agreeable to the arrangement of the Colony of Connecticut. Objections being made to the said motion, and the ques- tion put thereon, it was carried in the negative in the man- ner following, to wit : For the motion. Against the motion. Queens, 2 Albany, 3 — Richmond, 2 2 Suffolk, 2 Ulster, 2 New-York, Westchester and Kings, 2 Orange counties had no votes Tryon, 2 for want of a sufficient num- Cumberland, 2 ber of members. Dutchess, 2 17 Ordered, That the following gentlemen be of the com- mittee to form an arrangement of the militia, to wit : Col. Woodhull, in the place of Mr. Hobart ; Mr. Jackson, in the place of Mr. Herring ; and Mr. Covenhoven, in the place of Henry Williams. A certificate of Dr. John Jones and Dr. Bard, bearing date this day, was read and filed. They thereby certify, that they have examined Edwaid Sands respecting his knowledge and qualifications for surgeon's male in one of the New-York regiments, and that they admit him as com- petent to the office. Ordered, That the said Edward Sands be appointed sur- geon's mate of the fourth regiment of troops raised in this Colony. A draft of a letter to Benjamin Franklin, Esq. and the secret committee at Philadelphia ; and also to the commit- tee of Elizabethtown, was read and approved of, and is in the words following, to wit : "In Provincial Congress, > " New-York, Aug. 17th, 1775. $ " Gentlemen — You will easily see the propriety of en- closing to you a paragraph of Gen. Washington's letter of the 1 0th inst. and you will not need the hint which we take the liberty to give you, that the intelligence ought to be communicated to the several committees of your Colony. " We are, gent, very respectfully, " Your most obedient and " Humble servants. "To Benjamin Franklin, Esq. and the Members of the Committee of Safety, or Secrecy, Philadelphia." Another copy directed " To Jonathan Hampton, Esq. Chairman of the Committee, Elizabethtown." Ordered, That two copies thereof be engrossed and signed by the President ; one to be directed to Benjamin Franklin, Esq. and the secret committee at Philadelphia ; and the other to be directed to the committee at Elizabeth- town ; and that a copy of the paragraph of Gen. Wash- ington's letter, which mentions Gen. Gage's removal, be enclosed in each of them. Adjourned to 9 o'clock to-morrow morning. 110 JOURNAL OF THE PROVINCIAL CONGRESS. DIE VENERIS, 9 ho. a. m. August 18th, 1775. The Congress met pursuant to adjournment. Opened with prayers, by the Rev. Mr. Mason. Present — Peter Van Brugh Livingston, Esq. President. The report of the committee of the city and county of New-York, of their inquiry relating to the destroying of the boat lately ordered to be built for His Majesty's ship Asia, was read and filed. The said committee reports the names of a number of witnesses by them examined, and the substance of the exa- minations of the said witnesses ; whereby it appears that the said committee could not discover any of the persons who were concerned in destroying the said boat. A muster roll of Capt. John Hurlberts' company, dated the 9th inst. and certified by David Mulford, one of the muster-masters in Suffolk county, was brought in and filed. That part of Gen. Washington's letter, which informs that he has not any blank commissions, being read, Ordered, That a letter be wrote to Charles Thompson, Esq. at Philadelphia, requesting him to send blank com- missions for the troops raised in this Colony. Thereupon a draft of a letter to Charles Thompson, Esq. was read and approved, and is in the words following, to wit : " In Provincial Congress, ) " New-York, August 18th, 1775. J " Sir — We applied to Gen. Washington for commis- sions for the officers of the troops raised by this Colony. He has informed us that the commissions he received are far short of the number required for the army at Cam- bridge, and that when at New- York, he directed Gen. Schuyler to apply to the Continental Congress for those of his department, and refers us there. " We imagine Gen. Schuyler has not received the com- missions. If they have not been sent to him, and you have blank commissions, we request you to send us about two hundred. " We are, respectfully, sir, " Your very humble servants. " By order. " To Charles Thompson, Esq. at Philadelphia." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Resolved and Ordered, That the fortifications formaly ordered by the Continental Congress, and reported by a committee of this Congress, as proper to be built on the banks of Hudson's river, in the Highlands, be immediately erected. (Mr. Walton dissents.) And that Mr. Isaac Sears, Mr. John Berrien, Col. Ed- ward Flemming, Mr. Anthony Rutgers and Mr. Christo- pher Miller be commissioners to manage the erecting and finishing the said fortifications. That any three or more of them be empowered to act, manage and direct the building and finishing thereof. David Pye, Esq. informed the Congress that Mr. Mar- tinus Goetchius declines the service, and has returned his warrant. At the request of Mr. Pye, Ordered, That Philip Du Bois Bevier be appointed first lieutenant in Robert Johnson's company, in the place of Martinus Goetchius, who has declined, and that William Martin be appointed second lieutenant in the place of Phi- lip Du Bois Bevier. That a copy of this minute be made on Mr. Bevier's warrant, and that a warrant be issued to William Martin, as second lieutenant. A draft of a letter to the Hon. Robert R. Livingston, re- questing him to forward all the gunpowder from the pow- der mill at Rhinebeck, under the care of Mnj. Zedwitz, was read and approved, and is in the words following : " In Provincial Congress, ? "August 18th, 1775. J " Sir — In consequence of a letter from Gen. Schuyler for that purpose, we request that all the powder at the pow- der mill at Rhinebeck may be forwarded to Gen. Schuyler as soon as possible. Such powder as can be delivered into the care of Maj. Zedwitz, he will take with him into Ti- conderoga. " We are, respectfully, sir. " To the Hon. Robert R. Livingston, Esq. at Clermont, Manor of Livingston." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. A draft of a letter to the committee of East-Hampton and Southhold, was read and approved, and is in the words following, to wit : " In Provincial Congress, ) " New-York, August 18/ h, 1775. 5 " Gentlemen — The recent transactions of the ministe- rial army and navy within your district, will sufficiently apprise you of the absolute necessity of taking such precau- tions as will prevent the ill effects of their future piratical descents on our coasts. The most probable and effectual means for this purpose we conceive, will be to remove the cattle and sheep from Gardiner's and Plumb Island, and we therefore recommend that you will take proper steps for their removal, with all possible despatch. " We are, gentlemen, " Your most odedt. humble servts. " By order. " To the Committee of East-Hampton and Southhold." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. A draft of a letter to Gen. Wooster, was read and ap- proved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, August 18th, 1775. $ " Sir — We enclose you a copy of a paragraph in Gen. Washington's letter of the 10th inst. in consequence of which, we desire you to return to your camp at Harlem, with the utmost speed, to assist in the defence of this city and Province. " We are sir. " To Brig.-Gen. Wooster." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted by Mr. L'Hommedieu. Ordered, That Mr. Peter T. Curtenius deliver to Col. Holmes, for the use of his regiment, all the arms he has already got, or shall speedily procure, except fifty, which he is to reserve, to complete the arms of seven companies of Col. McDougall's regiment. A draft of a letter to Dr. Franklin, and to the commit- tee of Elizabethtown, was read and filed, and is in the words following, to wit : " In Provincial Congress, > " New-York, August 18th, 1775. $ " Gentlemen — Upon reconsidering that paragraph of Gen. Washington's letter, a copy of which we sent you yesterday, we have too much reason to believe that the troops which are about to remove from Boston, are des- tined for this city. Considering how important the securi- ty of this post is to the common cause, we conceive that no pains should be spared to render it as secure as possi- ble, in case of the arrival of the ministerial troops. We therefore earnestly request you to keep your militia pro- perly arrayed, to march at a moment's warning, as we shall be obliged to call on you for your immediate assistance as soon as we can be well informed of the destination of those troops for this city. "P. S. We did not know that your Provincial Congress were sitting when we wrote you yesterday. Therefore, if they are still sitting, please to forward this, with our letter of yesterday, and Gen. Washington's intelligence, to them immediately." Ordered, That Mr. Van Zandt and Mr. Sears employ two prime sailing boats, with proper persons, to go to the east- JOURNAL OF THE PROVINCIAL CONGRESS. Ill ward, to observe if they can discover any fleet steering to- wards the westward. That Mr. Van Zandt and Mr. Sears direct the masters of such boats as they may employ, to give the speediest intelligence to this Congress of any fleet they may discover ; and give them such other directions as they may think proper. The Congress then adjourned to 9 o'clock to-morrow morning. DIE SABBATI, 9 ho. a m. August 19th, 1775. The Congress met pursuant to adjournment. Opened with prayers by the Rev. Mr. Bowden. Present— Peter Van Brugh Livingston, Esq. President. A letter from Gen. Washington of the 8th inst. was read and filed, and is in the words following, to wit : " Camp at Cambridge, August 8th, 1775. " Gentlemen — It must give great concern to every considerate mind, that when this whole Continent, at a vast expense of blood and treasure, is endeavouring to establish its liberties on the most secure and solid foundations, not only by a laudable opposition of force to force, but denying itself the usual advantages of trade ; there are men among us so basely sordid, as to counteract all our exertions for the sake of a little gain. You cannot but have heard that the distresses of the ministerial troops for fresh provisions, and many other necessaries at Boston, were very great. It is a policy, justifiable by all the laws of war, to endea- vour to increase them. Desertions, discouragement and a dissatisfaction with the service, besides weakening their strength, are some of the natural consequences of such a situation ; and if continued might afford the fairest hope of success without farther effusion of human blood. A ves- sel cleared lately out of New-York for St. Croix, with fresh provisions, and other articles, has just gone into Boston, instead of pursuing her voyage to the West Indies. I have endeavoured to discover the name of the captain or owner, but as yet without success. The owner (it is said) went to St. Croix before the vessel, from which and her late ar- rival, I make no doubt you will be able to discover and expose the villain. And if you could fall upon some effec- tual measure to prevent the like in future, it would be do- ing a signal service to our common country. " I have been endeavouring by every means in my power to discover the future intentions of our enemy here. I find a general idea prevailing through the army, and in the town of Boston, that the troops are soon to leave the town and go to some other part of the continent. New-York is the place generally mentioned as their destination. I should think a rumour or suggestion of this kind worthy of very little notice, if it was not confirmed by some corresponding circumstances. But a four weeks' total inactivity, with all their reinforcements arrived and recruited, the daily di- minution by desertions, sickness and small skirmishes, in- duce an opinion that any effort they propose to make will be directed elsewhere. " I thought it proper just to hint to you what is probably intended. You will then consider what regard is to be paid to it, and what steps will be proper for you to take, if any. " I am. with great respect and regard, gent. " Your most ob't. and very hum. servant, "GEO. WASHINGTON. " To the Hon. the Provincial Congress of the Province of New- York." Resolved and Ordered, That the paragraph of Gen. Washington's letter relative to a vessel that arrived at Bos- ton with fresh provisions and other articles supposed to be from New-York, be sent to the general committee of New- York, and that they be directed to make strict inquiry whether the said vessel did sail from hence, and who are the owners and master of the said vessel, and report the re- sult thereof to this Congress. Resolved, 7'hat no cattle, sheep, poultry or live stock of any kind, except horses, be exported from this Colony, (save only such ship stores for which the chairman or de- puty chairman of the committee at the port or place from whence any vessel may sail, shall give permission,) until it shall be otherways ordered by this or the Continental Congress ; and the committees of the cities, counties, towns and precincts on this Colony, are hereby strictly en- enjoined to cause this resolution to be complied with and obeyed within their respective districts. Ordered, That a copy of this last resolution be published in the newspapers. Mr. John Carter lately from Boston, being requested, attended in Congress. Short notes of his information was taken by one of the Secretaries, and being read to the said John Carter, and by him acknowledged to be truly taken, were filed. A draft of a letter to the committee of Philadelphia, was read and filed, and is in the words following, to wit : " In Provincial Congress, ) 11 At New- York, August 19th, 1775. 5 " Gentlemen — We enclose you short notes of infor- mation we received of Mr. John Carter who left Boston a few days since. Mr. Carter will speedily be at Philadel- phia, and can give you more fully and particularly the in- formation we received of him. " You will, no doubt, gentlemen, make such inquiries as to discover whether the owners of the ship Sally, as well as of Mr. White's schooner, did not ship their re- spective cargoes with design to supply the ministerial fleet and army at Boston, which there is but too much reason to suspect. " We are are most respectfully, gentlemen, " Your most obt. humble servants. Ordered, That a copy of the above letter be engrossed and signed by the President, and together with a copy of the notes of the examination of Mr. John Carter, as far as relates to the ship Sally and White's brig, be transmitted to the committee of the city of Philadelphia. Congress adjourned to 9 o'clock on Monday morning. DIE LUN^E, 9 ho. a. m. August 21st, 1775. The Congress met pursuant to adjournment. No prayers. Present — Peter Van Brugh Livingston, Esq. President. Ordered, That Col. Lispenard, Mr. Sears, Mr. Thomas Smith and Mr. Robert Yates be a committee to examine -Giipt. Lawrence ; that the said committee have power to dis- charge and liberate Capt. Lawrence if they think pro- per ; that they take with them the letters found with Capt. Lawrence, and that they make report to this Congress. A letter from General Schuyler was read and filed, and is in the works following, to wit : " Ticonderoga, August \Uh 1775. " Gentlemen — Yesterday I was favoured with a line from Mr. Francis Lewis, dated Philadelphia the 2d Au- gust. He advises me that Congress was adjourned, and that in future I was to address myself to you. That he had received several of my letters to the Continental Con- gress, which he would lay before you. But as he does not mention of what date, I suppose there are none later than the 27th ult. and that the subsequent ones of the 28th and 31st ult. 2d and 6th inst. had not come to hand; copies of the two first of which I enclose you, with copies of such of the papers alluded to as may be of conse- quence, lest those letters should not be delivered you. Since my last Maj. Brown is returned from Canada ; he did not complete my wishes ; enclosed you have his re- ports. I cannot learn that either the regular troops or In- 112 JOURNAL OF THE PROVINCIAL CONGRESS. dians have been farther south the latitude 45°. I suppose they are apprehensive of an attack. Capt. Smith fell in with an officer, sergeant and ten Indians. He wished to speak to them, but they retired to their boats, and on his approach they fired three volleys but did not kill or wound any. " I shall soon have boats sufficient to move what men I am likely to have here, and therefore wish that any of the ar- ticles requested in my estimate and which have not yet been sent, together with such as I have subsequently ap- plied for, may be immediately forwarded to me. Cart- ridge paper and the various articles necessary in the ar- tillery branch (except guns, I have none of, and as I can- not make a substitute for any, I wish that not one moment's delay may be made in sending those from New-York, with orders that they may not be detained at any place. " I am, gentlemen, with great respect and esteem, " Your most obed't humble serv't, " PH. SCHUYLER. " The New- York Provincial Congress." No. 1, 2, 3, copies of letters from Gen. Schuyler to the Hon. John Hancock, were read and filed. A copy of the report of Capt. James Smith was read and filed. No. 4. A copy of a letter of the 6th of August from Gen. Schuyler to the Hon. John Hancock, was read and filed. The copy of the report of Major Brown was read and filed. The copy of the affidavit of John Duquid was read and filed. The affidavit of John Shatforth was also read and filed. The report of James Stewart was read and filed. A copy of the affidavit of Benjamin Uavis was read and filed. A letter from the committee at Albany was read and filed, and is in the words following, to wit : " Albany Committee Chamber, ) " 10th August, 1775. J " Gentlemen — We find ourselves once more obliged to trouble you with respect to the soldiers who were taken prisoners at St. Johns, who have been furnished with provisions by Elisha Phelps, Esq. commissary, (ap- pointed by the Governor of Connecticut) till a few days ago, when Mr. Phelps went into Connecticut on business and left no order with his deputy to supply them, who being unwilling to supply them without orders from our Board, spoke to the chairman, who told him he thought as the army was now properly organized, it was their busi- ness to give orders concerning prisoners, and referred him to Gen. Montgomery, who, (as the said deputy informed us) found much fault with their insolence, and thought it improper that they should be suffered to remain in this town, as being a frontier place where they might do dis- service to the public cause, and therefore declined doing any thing in the affair. Upon which, Mr. Phelps' deputy made application to us again, advising us at the same time, that the soldiers were so insolent as to threaten to take provisions by force if he refused to supply them. We have come to a resolution to supply them as formerly, till we have your farther instructions in the premises. " We are, gentlemen, " Your humble servants, " By order of the committee. ABM. YATES, Junr. Chairman. " To the Provincial Congress of Ihe Colony of New-York." A letter from Rannald McDonald, sergeant of the 26th regiment was read and filed. The state of facts of Abraham Gardiner, Thomas Wickham and David Mulford, the executors of the last will and testament of David Gardiner, deceased, setting forth the loss the estate of the testator had suffered by late de- predations by part of Gen. Gage's fleet and army, was read. They therein set forth that a number of persons who have estates in the Province of Massachusetts Bay, were principal actors in the robbery, and requesiing a let- ter from this Congress to be wrote to the House of Re- presentatives of the Massachusetts Bay, desiring them to secure so much of their estates as shall be sufficient to make compensation to the injured children of David Gar- diner, deceased. The certificate of the chairman of the committees of South-Hampton, East-Hampton and Shelter Island was read. They certify that the executors of the will of Da- vid Gardiner, deceased, was not concerned in assisting or consenting to the seizing and taking the stock off Gardi- ner's Island by (Jen. Gage's fleet and army. The separate affidavits of Benjamin Miller and William Read, proving the removal of ihe stock from Gardiner's Island by force, and that a number of persons from Mas- sachusetts Bay were therein concerned, were read ; and an account of the damages suffered by the executors of David Gardiner was also read. The muster-roll of Capt. Rufus Herrick's company, re- turned by Mr. Jacobus Swarlwout, was filed. The muster-roll of Capt. Andrew Billing's company, and the muster-roll of Capt. Lewis Dubois' company, and the muster-roll of Henry B. Livingston's company, re- turned by Mr. Jacobus Swartwout, were respectively filed. A letter from Jacobus Rosekrans, of the 19ih inst. was read and filed with the papers enclosed therein. Resolved and Ordered, That if Samuel Van Veghten declines the service in Capt. Rosekrans' company, in the troops of this Colony, that Thomas Lee be appointed first lieutenant in the stead of Samuel Van Veghten, and that William B. Alger be appointed second lieutenant in the said company in the place of Thomas Lee as first lieuten- ant, as soon as the warrant to Samuel Van Veghten and the former warrant to Thomas Lee are returned to this Congress, Resolved and Ordered, That Mr. Jacobus Swartwout be appointed muster-master to muster the company of Capt. Jacobus Rosekrans, in Dutchess county ; and that Mr. Swartwout be requested to muster the said company. Ordered, That Mr. Peter T. Curtenius forward to the Deputy Commissary- General at Albany, twenty reams of cartouch paper, to wit : ten reams of the best cannon car- touch paper and ten reams of musket cartouch paper, and that he write to the Deputy Commissary-General to for- ward it with all possible despatch. Col. McDougall moved, and was seconded by Maj. Williams, that a committee be appointed to wait on the Governor to know of him whether he has any intelligence from Boston of Gen. Gage's intention to remove his troops, or any part of them, to this Colony. Ordered, That Mr. Scott, Mr. Beekman and Maj. Williams be a committee for that purpose ; and that they report to this Congress with all convenient speed. Ordered, That Mr. Jacobus Van Zandt and Mr. Tho- mas Randall be added to the committee to inspect casting brass cannon. A letter from the officers and men of a company at Ma- macoting Precinct was read and filed. Ordered, That the said letter be referred to Capt. Hornbeck and Mr. Jackson. A draft of a letter to General Schuyler was read and approved of, and is in the words following, to wit : "In Provincial Congress, > "New-York, Aug. 21st, 1775. J " Sin — We have been honoured with the receipt of your favour of the 15th inst. wherein you inform us, that by letter from Mr. Lewis, you have been advised of the recess of the Continental Congress, and that in future you was to address yourself to us. The copies of your letters of the 28th and 31st ult. and the 2d and 6th inst. to the Continental Congress, and the papers attending them, we have duly considered. JOURNAL OF THE PROVINCIAL CONGRESS. 113 " With respect to the information contained in those let- ters and papers, it is out of our power to furnish you with any instruction on thathead, which we conceive to be the less necessary, as we are assured by a member of that respec- table body now present, that discretionary orders have been transmitted to you for conducting the department of the public service under your command according to the dic- tates of your own judgment ; and we suppose those orders had not reached you. " We hope that before this can reach you, your troops will be much more numerous than your last letter to the Continental Congress mentions, and that you will have re- ceived the several articles of your estimate, which from time to time have been sent you as fast as they could be provided ; of what remains, you have a report enclosed by Mr. Curtenius. " We beg leave to assure you of our readiness to com- ply, with all possible despatch, with whatever you may think proper to request of us. " We are, sir, with great respect and esteem, " Your most obedt. servants. " To Gen. Schtoylxr." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted by the messenger from Albany. A draft of a letter to the committee of Albany was read and approved of, and is in the words following, to wit : " In Provincial Congress, > " New-York, Aug. 21st, 1775. $ "Gentlemen — We received your letter of the 10th inst. in answer to which we inform you, that it is the direction of the Congress that provisions be furnished for the pri- soners, for which you will apply to the commissary. " We are, gentlemen, your humble servants. " To Abraham Yates, Jr. Chairman of the Committee at Albany." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted by the Albany messenger. A draft of a letter to Walter Livingston, Esq. Deputy Commissary-General at Albany, was read and approved, and is in the words following, to wit : " In Provincial Congress, ) " New-York, Aug. 21st, 1775. $ " Sir — By several late letters from Gen. Schuyler, and particularly one of the 15th inst. he complains that he had not received many articles absolutely necessary for the service. The articles wanted, have been forwarded from hence, and many of them so long since, that we expected he had received them at Ticonderoga. " We pray you, sir, to make inquiry whether they are not delayed at Lake George, or at some other place on their way from Albany ; and to give such directions for their immediate despatch, that they may not be detained at any place, but be forwarded without delay, that the ser- vice may not suffer, and the general be relieved from his anxiety for want of them. " We are, respectfully, " Sir, your very humble servants. " By order. " To Walter Livingston, Esq. Deputy Commissary-General, Albany." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Congress adjourned till 9 o'clock to-morrow morning. " Committee Chamber, ) " Aug. 12th, 1775. $ " County of Tryon, ss. " Hon. Gent'n — As we are entirely without regulations for our committees, and especially how to act against the transactions either in words or deeds, of the enemies of the association ; and also against the transgressors of our orders, either in military or civil matters ; and alike how the expenses necessary for the purpose of the com- mon cause shall be defrayed ; we apply, therefore, to you, and request for your instructions as soon as possible, that we may be able to proceed with authority, to the pre- servation of peace and union in the common cause, as need requires. Otherwise, despise, and other disturbances might soon exist. We remain, with great esteem, and re- lying on your despatching favour, " Hon. gentlemen, your obedt. humble servts. " By order of the committee. "NICHOLAS HERKIMER, " P. T. Chairman." Resolved and Ordered, That Mr. Van Zandt and Mr. Sears, the committee authorized to employ two prime sailing boats to go to the eastward to observe and make discoveries if any fleet should be approaching New-York, be authorized, and that either of them be authorized at the risk and on the behalf of this Congress, to insure the said two boats against any seizures by men of war or other- wise, provided such boats or either of them, be seized without having any contraband goods on board, and to agree with the master of each such boat at the rate of three pounds per day. The Congress being informed that Col. Edward Flem- ming and Capt. Anthony Rutgers cannot attend as com- missioners to manage erecting and finishing the fortifica- tions ordered to be erected on the banks of the Hudson river in the Highlands. Resolved and Ordered, That Capt. Samuel Bayard, and Capt. William Bedlow, be and they are hereby ap- pointed commissioners for that purpose, instead of Col. Edward Flemming and Capt. Anthony Rutgers, with the like powers as the other commissioners. Mr. Sears then moved (and was seconded by Major Williams,) in the words following, to wit : I move that the committee appointed to superintend the building of the forts in the Highlands, be authorized to procure such cannon and other stores as may be necessary for completely fortifying and equipping the said forts. And the same being unanimously agreed to, Resolved and Ordered, nemine con. that the commit- tee appointed to superintend the building of the forts in the Highlands, be authorized to procure such cannon and other stores as may be necessary for completely fortifying and equipping the said forts. Mr. Low then moved (and was seconded by Mr. Coven- hoven,) in the words following, to wit : I move that the sense of this Congress be taken, whe- ther the cannon on the Battery of this city are understood to be comprehended in the resolution just made, authoriz- ing the committee to procure cannon for the fortifications on Hudson's river. And the question being put thereon, it was determined in the affimative, in the manner following, to wit : DIE MARTIS, 9 ho. a. m. August 22d, 1775. The C ongress met pursuant to adjournment. Opened with prayers by the Rev. Dr. Livingston. Present — Peter Van Brugh Livingston, Esq. President. A letter from Nicholas Herkimer, chairman of the com- mittee of Tryon, bearing date on the 12th inst. was read and filed, and is in the words following, to wit : 29 For the affirmative. Westchester, 2 Orange 2 Dutchess, 2 Suffolk, 2 Ulster, 2 Cumberland, 2 Tryon, 2 Queens, 2 Mr. French dissenting. 16 Resolved, therefore, That it is the sense of this Con- gress, that the cannon on the Battery of this city are un- For the negative. Kings county, 2 Mr. Henry Williams dis- senting. New-York, 4 Richmond, 2 Albany divided. — 8 114 JOURNAL OF THE PROVINCIAL CONGRESS derstood to be comprehended in the resolution just made, authorizing the committee to procure cannon for the fortifi- cations to be erected on the banks of Hudson river in the Highlands. A letter from Capt. John Lamb, dated this day, solicit- ing this Congress to ascertain the pay of the artillery com- pany under his command, was read and filed. Agreed and Ordered, That the artillery company rais- ed in this Colony as part of the Continental army, and en- listed under Capt. John Lamb, shall have such pay as the Continental Congress shall agree to and order ; and that in the mean time, Capt. Lamb's company shall have the like pay as the Rhode Island company of artillery are al- lowed, until the Continental Congress shall have fixed and ascertained the pay of Capt. Lamb's company. And Ordered, That Capt. John Lamb and his company be considered as an additional company to, and a part of Col. McDougall's regiment, and subject to his commands. MILITIA BILL. [Note. — This bill reported by A. Hoffman, chairman, and adopted on the 22d of August.] In Provincial Congress, ) New-York, August 22d, 1775. J Whereas, the well ordering and regulating the militia of this Colony is become an object of the greatest impor- tance to the preservation of the lives and liberties of its in- habitants : And whereas, the Continental Congress held at Philadelphia on the 10th day of May last, taking into consideration the necessity of such a regulation have re- commended the same to the inhabitants of the associated Colonies : And whereas, this Congress on the ninth day of this instant, August, by several resolutions recommend- ed to their constituents the expediency of forming them- selves into companies and choosing their officers, in the manner following, viz : Resolved, That every county, city, manor, town, pre- cinct and district within this Colony, (where the same is not already done,) be divided into districts or beats, by their respective committees, in such manner that out of each may be formed one military company, ordinarily to consist of about eighty-three able bodied and effective men, officers included, between sixteen and sixty years of age, (the batta- lion commanded by Col. Lasher, the companies of artillery, light-horse and hussars, in the city and county of New- York, and the troops of horse, companies of grenadiers, and associated companies already formed in the several cities and counties within this Colony, excepted.) Resolved secondly, That in each company so to be formed there be chosen, (in the manner hereinafter men- tioned,) one captain, two lieutenants, one ensign, four ser- geants, four corporals, one clerk, one drummer and one fifer. Resolved thirdly, That two committee men, at the least, attend in each district or beat, on a day to be ap- pointed, for the purpose of choosing the above mentioned officers, who shall be persons within such district or beat, who have signed the general association recommended by this Congress. That such choice of election be made in the manner following, viz : After the company is drawn up, the com- mittee men who preside at the election may repair to a station at some convenient distance from the company ; then let the men pass in a single file between them, each man giving in the name of the person he chooses to fill the office in question, the majority of such votes to determine the election ; but in case the votes should be so divided that no one has the majority, then the presiding committee men to acquaint the company therewith, and call them to a new election : the same to be repeated till such majority be obtained, or the company agree on some other mode of choosing the officers. The names of the captains, lieute- nants and ensigns so chosen to be returned with all con- venient speed to this or some future Provincial Congress of this Colony, or during their recess, to the Committee of Safety, to be commissioned by them. Resolved fourthly, That whenever a vacancy shall happen in any company, by the promotion, death or re- signation of an officer, such vacancy to be filled up in the before mentioned manner. Resolved fifthly, That those companies in the above excepted battalion commanded by Col. Lasher, which are now under the direction of field officers, shall for the future be commanded by captains, who are to be chosen in the manner aforesaid. Resolved sixthly, That for the purpose of completely carrying into execution the recommendation of the Conti- nental Congress, after the whole militia is formed as above, every fourth man of each company be selected for minute men, of such persons as are willing to enter into this ne- cessary service : that the officers of the militia make, with all convenient speed, a return of the names of those per- sons to the committee of their respective counties, who shall thereupon arrange those men into companies, and who are to recommend to such new arranged companies the choice of their officers in the manner above mentioned ; provided that where whole companies offer their service as minute men they shall be commanded by the officers al- ready chosen, and the remaining number of minute men shall be completed out of the other companies as above. Resolved seventhly, That the several committees do return to the Secretary of the Provincial Congress of this Colony, the names of such persons as do refuse to con- form to the above resolves. First. That the several companies so formed be joined into regiments, each regiment to consist of not less than five nor more than ten companies, (the battalion command- ed by Col. Lasher excepted.) Second. That a major-general be appointed and com- missioned by this Congress, to command the militia of the Colony of New-York. Third. That one colonel, one lieutenant-colonel and two majors, an adjutant and quarter-master, be commissioned by this Congress for each regiment. Fourth. That the militia of this Colony be formed into brigades, in the following manner, to wit : The militia of the city and county of New-York, and counties of Kings and Richmond, one brigade. The militia of the city and county of Albany, and the county of Tryon, one other brigade. The militia of the counties of Dutchess and Westches- ter, one other brigade. The militia of the counties of Ulster and Orange, one other brigade. The militia of the counties of Queens and Suffolk, one other brigade. The militia of the counties of Charlotte, Cumberland and Gloucester, one other brigade, Fifth. That a brigade-general, with a major of brigade, be commissioned to the command of each brigade. Sixth. That every man between the ages of sixteen and fifty, do, with all convenient speed, furnish himself with a good musket or firelock and bayonet, sword or toma- hawk, a steel ramrod, worm, priming wire and brush, fitted thereto, a cartouch box, to contain twenty-three rounds of catridges, twelve flints and a knapsack, agreeable to the directions of the Continental Congress, under the forfei- ture of five shillings for the want of a musket or firelock, and of one shilling for the want of a bayonet, sword or tomahawk, cartridge box, cartridge or bullet ; the whole to be judged of and determined by the captain, or next com- manding officer. That every man shall, at his place of abode, be also provided with one pound of powder and three pounds of bullets, of proper size to his musket or firelock. Seventh. That each company, (not minute men) do meet the first Monday in every month, and spend at least four hours in each of the said days to perfect themselves JOURNAL OF THE PROVINCIAL CONGRESS. 115 in military discipline. Provided that, if the commissioned officers of any company shall judge it inexpedient to meet on that day, they have power to put off the meeting to some other day, notifying the company thereof. Eighth. That the colonels and commanding officers of each regiment do assemble and exercise their respective regiments, at least two days in every year, at some conve- nient place, to be fixed upon by the field officers. Ninth. That the several companies of horse, already formed and to be formed in this Colony, shall be under the direction of the colonel of the regiment where their respec- tive captains do reside, and be considered as part of such regiment ; that the officers and privates shall assemble as often as by these regulations it is required of the compa- nies of foot, (not minute men,) and be subject to the same penalties and forfeitures for non-attendance ; that every sol- dier belonging to the horse shall, with all convenient speed, provide himself with a good serviceable horse, not less than 14 hands high, with a good saddle, bridle, holsters, housing, breast-plate and crupper, a case of pistols, a sword or hanger, one pound of gunpowder and three pounds of sizeable bullets, a pair of boots, with suitable spurs, and a carbine, well fixed with a good belt, swivel and buckle* un- der the penalty of 10 shillings for the want of a sizeable horse, and of 5 shillings for the want of each or either of the articles of the troopers furniture. And also, that every trooper be provided, at their respective places of abode, with one pound of gunpowder and three pounds of bullets. Tenth. That in case any person shall refuse or neglect to serve as sergeant, corporal or drummer, in any company, being thereunto requested by the captain or commanding officer, or shall refuse or neglect to warn the men to ap- pear under arms, when required by the captain or com- manding officer, shall for every such neglect forfeit the sum of forty shillings. Eleventh. That all officers commissioned by this Con- gress do subscribe the following declaration : We the sub- scribers, the officers of the battalion, or regiment, in the county of and Colony of New- York, do hereby promise and engage, under all the ties of religion, honour and regard to our country, that we will respectively duly observe and carry into execution, to the utmost of our power, all and every the orders, rules and recommenda- tions, made, or to be made, by the Continental Congress and the Congress or Convention of this Colony. That we will also give, in our respective ranks, due obedience to the regulations by them established, for the forming of the militia of this Colony, as also due obedience to such officers, who, either by rank or superiority, are placed above us in such order as is directed by the said Continental or Pro- vincial Congress. Twelfth. That the following penalties be inflicted on those who do not attend and obey orders on the days ap- pointed for exercise, not having a reasonable excuse, to be allowed of by the officer commanding, to wit : A colonel £5, lieutenant-colonel £i, major £3, captain £2, lieute- nants and adjutants 30 shillings each, ensign and quarter- master 20 shillings each, sergeant, corporal, drummer, fifer and privates 10 shillings each, for the first default, and double for the second. And in case any person make de- fault three times successively, or refuses to enlist and do duty, such person shall be advertised and held up as an enemy to his country. All fines under the degree of a captain to be levied on the goods and chattels of the offen- der, by warrant from the captain, directed to a sergeant of his company ; and those of the captain, and all field offi- cers, under the degree of a colonel, to be levied on the goods and chattels of the offender by a warrant from the colonel of the regiment, directed to the adjutant ; and those of a colonel by a warrant from a brigadier-general, directed to the major of brigade ; and for want of the goods and chattels, to take the body of the offender, and him keep in • Illegible in the original, but supposed to be " buckle." safe custody until such fine, together with the charges, be paid. The moneys arising by the fines in any company, be applied by the captain, (after paying for drum and fife for the company,) towards purchasing arms, ammunition and accoutrements for such persons in such company as are unable to furnish themselves. The moneys arising by the fines of the field officers, (after paying for a set of co- lours for each battalion,) be equally divided between the several companies for the above mentioned use. Thirteenth. That the members of his Majesty's council, judges of the supreme court, of the vice-admiralty court, of the mayor's courts and inferior courts of common pleas, his Majesty's attorney-general, secretary of the Province, or his deputy, clerks of the courts, the collector, comp- troller, naval officer and searcher and surveyor of his Ma- jesty's customs, ministers of the gospel, physicians and surgeons, members of the Continental Congress and of the Provincial Congress, and the several committees, while immediately engaged in the public service, sheriffs, goal- ers, all ferrymen, one miller to each mill, and the people called Quakers, be excused from military duty, except in cases of invasion ; and that in case of an invasion in any part of this Colony, the physicians and surgeons there, or such of them as shall be directed by the officer command- ing the militia, (that shall march to oppose the enemy,) shall attend, with proper medicines, instruments and other necessaries, to take care of the sick and wounded. Fourteenth. That the commissioned officers of each company of minute men form their companies into four subdivisions, in such manner as they shall think most con- venient for their frequent meetings. The subdivisions, un- der their respective officers, to meet once in every week, and to employ half a day, or at least four hours each time, in perfecting themselves in military discipline ; the whole companies to meet once every fortnight, to spend the same time for the same purpose ; that the several companies of minute men be formed into regiments to consist of about seven companies each ; that there be commissioned by this Congress, to each regiment, one colonel, one lieutenant- colonel and two majors, an adjutant and quarter-master. Fifteenth. That those regiments be formed into bri- ades, each brigade to consist of about regiments. That there be commissioned by this Congress, to each brigade, one brigadier-general and a major of brigade. Sixteenth. That the whole body of minute men shall be under the direction of the major-general, appointed by this Congress, while within the Colony, unless a Continen- tal officer of superior or equal rank be present. Seventeenth. That the minute men, when called out in defence of their country, shall be subject to the articles of war, established by the Continental Congress, and be entitled to the same allowance, as to pay and provisions, with the Continental forces ; to be under the direction of the Commander-in-Chief of those forces. Eighteenth. That they be subject to the like penalties and forfeitures for not attending on the days appointed for exercise, as above mentioned. The said fines to be levied and applied as above directed. Nineteenth. That in case of any alarm, invasion or in- surrection, every subaltern and soldier is immediately to repair, properly armed and accoutred, to his colours or parade, (which parade shall be understood to be the habi- tation of his captain, unless otherwise ordered ;) and the captain or commanding officer of the company nearest to the place where such invasion or insurrection shall be, shall immediately march his company to oppose the enemy, at the same time send off an express to the commanding offi- cer of the regiment or brigade to which he belongs, who is to march with the whole or part of the militia under his command as he shall judge necessary, and use all possible diligence to prevent the enemy from landing or penetrating into any part of the country, and to quell every insurrec- tion ; and also to send immediate intelligence to the ma- jor-general and to the commanding officers of the counties 116 JOURNAL OF THE PROVINCIAL CONGRESS. adjacent, informing them of the strength and motions of the enemy. That every non-commissioned officer and pri- vate who shall neglect or refuse to perform his duty in this case required, shall be subject to such pains, penalties and forfeitures as shall be adjudged by a general court martial. Twentieth. That at least twice in every year the cap- tains, or in their absence the next commanding officer of every company of militia, as well of the minute menas others, shall deliver to the colonel of the regiment a true and com- plete roll, containing the names of all the men belonging to his company, under the penalty of £2, to be recovered and applied as is herein before directed. And the colonels of the regiments shall, within one month after the receipt of every such roll, deliver or send a copy of every such roll to the brigadier-general of the brigade to which he be- longs, who is directed to send the same or a copy to the major-general of the Colony. Twenty-first. That in case of an alarm or invasion, the officer commanding in each district shall leave a proper detachment of his company to guard against the insurrec- tion of slaves, or if judged more expedient and safe may take the slaves or part of them with him, and employ them in carrying baggage, drawing cannon, or the like. Twenty-second. That all persons, as well minute men as others, able to bear arms, who shall leave or attempt to leave a place actually invaded, without leave of the officer commanding such place, or who shall refuse to obey order in time of actual invasion or insurrection, shall be liable to such punishment as shall be inflicted by a court martial. Twenty-third. That in case it shall be judged necessary, at any time and place, by this Congress, by the Commit- tee of Safety, or by the several committees of the respec- tive counties or districts, that a military watch be esta- blished, all persons able to bear arms when such watch is judged to be necessary, shall, upon due warning, be obliged to serve on such watch, under the penalty of 12s. for every neglect. A commissioned officer in turn to mount said guard in person, under the penalty of 40s. Twenty-fourth. That every sentinel who shall leave his post — be found asleep when he is posted — shall be liable to such punishment as shall be inflicted by a court martial. Tiuenty-fiflh. That when the militia, as well minute men as others, in case of invasion or insurrection shall be called out on actual service, they shall be subject to the same rules and orders as directed and ordered by the Con- tinental Congress of the associated Colonies, held at Phila- delphia on the 10th day of May last for the better govern- ment of the Continental troops. DIE MERCURII, 9 ho. a. m. August 23d, 1775. The Congress met pursuant to adjournment. Opened with prayers by the the Rev. Mr. Moore. Peesent — Peter Van Brugh Livingston, Esq. President. Messrs. Joseph Hallett and Egbert Dumond being re- turned from Philadelphia with 175,000 dollars of the Con- tinental money. Ordered, That the same be delivered to Peter Van Brugh Livingston, Esq. as Treasurer for this Congress. And, Ordered, That Messrs. Richard Yates and Abraham Brasher be added to the former committee for auditing ac- counts. And, Ordered farther, That Messrs. Jacobus Van Zandt, James Beekman, Samuel Verplanck, Richard Yates and Abraham Brasher, or any majority of them, audit all ac- counts which are or shall be payable or produced for pay- ment in this Colony for any charges or disbursements ac- crued, or by means or on account of the United Colonies, or by means or on account of any order of this Congress. And that they or a majority of them do certify on every account by them audited, how much shall be paid on or for such account. And, Resolved and Ordered farther, That Peter Van Brugh Livingston, Esq. as Treasurer, be authorized to pay and discharge, on all such accounts so audited, such sum or sums as shall be certified by the said committee or a major part of them, to be due and payable on or for such accounts. Messrs. Abraham Ten Broeck, Jacob Cuyler and Robert Yates, Deputies for the city and county of Albany, pro- duced a certificate from the committee of the city of Al- bany, which is in the words following, to wit : " Albany Committee Chamber, ) " 16th August, 1775. \ " Whereas the endeavours of this committee in collect- ing the accounts and charges of this county, chiefly accru- ed by the recommendation of this committee, have as yet proved ineffectual, and sundry people are daily very press- ing for their money: " Be it Resolved by this committee, immediately to ap- ply to Provincial Congress, by draft, for one thousand pounds, to enable them to discharge such of their debts as are now most pressing, and that the said committee shall hereafter lay before the Congress proper vouchers for such disbursements. " A true copy from the minutes. "MAT. VISSCHER, Clerk." The same gentlemen, Deputies from Albany, produced the draft mentioned in the said resolve of the committee of Albany, which is in the words following, to wit : " Albany Committee Chamber, ) " 16th August, 1775. I " Gentlemen — Please to pay to Messrs. Abraham Ten Broeck, Jacob Cuyler and Robert Yates, or either of them, or order, the sum of one thousand pounds for the use of this committee, to be applied towards defraying part of the public charge, as per advice of a resolve from the com- mittee. " We are, gentlemen, " Your most obedt. humble servts. " By order of the committee, "ABM. YATES, Junr. " Chairman. " To the Provincial Congress of New- York." Ordered, That Peter Van Brugh Livingston, Esq. pay to Messrs. Abraham Ten Broeck, Jacob Cuyler and Robert Yates, or either of them, or their order, one thousand pounds, on account of the use of the committee of Albany, to be ap- plied towards defraying the public charge, accrued in that part of the Colony, and take a receipt for the same. Ordered, That Peter Van Brugh Livingston, Esq. pay to Mr. Joseph Hallett, six thousand pounds, on account, and take his receipt for the same to be applied towards discharging the debts he has contracted in purchasing and forwarding flour, for the use of the army at Cambridge, in obedience to an order of the honourable Continental Con- gress to this Congress. Mr. Beekman made a motion, which was seconded, in the words following, to wit : Mr. President, I move that the following resolves be en- tered into, viz : Whereas the success of measures necessary to be adopted and pursued by this Congress, may in many in- stances depend on their being kept secret unlil their exe- cution : And whereas it is often necessary, for the public good, that intelligence received by this Congress should also be kept secret, at least for a time: Resolved, therefore, That the President of this Con- gress, do in full Congress, administer, or cause to be admi- nistered by some magistrate, to each member of this Con- gress, and that he do take the following oath, to wit : " You do solemnly and sincerely, in the presence of Al- mighty God, swear that you will not directly or indirectly divulge or make known any resolve, order, act or debate of, or in this Congress, or of any committee thereof, or the JOURNAL OF THE PROVINCIAL CONGRESS. 117 matter of the same, or any thing relating thereto, or any part thereof, or any act, matter or thing to be done in or towards the execution thereof; except to such person or persons, not of this Congress, as shall by them or their committee be necessarily employed in or relating to such execution ; nor give any advice or information to any per- son or persons, that may in any wise obstruct or tend to obstruct the execution thereof; nor divulge or make known to any person or persons, either directly or indirectly, any information or intelligence which shall be received by this Congress or any committee thereof, (if the same or any part thereof shall be enjoined by resolve or order of this Con- gress, or of such committee, to be kept secret,) until such secrecy be dispensed with, by further resolve or order of this Congress, or by such committee, so help you God." 2. Resolved, That the like oath be administered to and taken by each of the Secretaries of this Congress. 3. Resolved, That the following oath be administered by a magistrate to, and taken by, every person or persons, not of this Congress, who shall be in any wise employed bv this Congress, or any committee thereof, in any matter, business or thing whatsoever, in, or relating to which se- crecy shall have been so enjoined, by resolve or order of this Congress, to wit : " You do solemnly and sincerely, in the presence of Almighty God, swear that you will well and faithfully execute such trust as the Provincial Congress of this Colony, or any committee thereof shall repose in you, and you shall accept of ; and that in the execution of the said trust you will conduct yourself with all possible care, secrecy and despatch, and also that in the execution thereof you will faithfully obey and perform all such orders and directions as you shall from time to time receive from the said Congress or committee, and that you will not, without leave of the said Congress or committee, in any wise howsoever, either directly or indirectly, divulge or make known any matter or thing whatsoever, in, or any wise relating to the said trust, or the execution thereof, whether you accept the same or not ; except such matter or things as may necessarily consist in or arise from the execution thereof, so help you God." The same motion being read a second time, debates arose thereon, and the question being put thereon, it was carried in the affirmative, in the manner following, viz : For the motion. Jlgainst the motion. Queens, 2 Kings, 2 New-York, 4 Richmond, 2 Suffolk, 2 — Westchester, 2 4 Orange, 2 Albany, divided. Tryon, 2 Ulster, divided. Cumberland, 2 Dissentients — Messrs. Clark- Dutchess, 2 son, Low, Kissam, Verplanck, — Yates, De Lancey and Roose- 18 velt, New-York ; Col. Hoffman, Dutchess ; Col. James Van Cort- landt, Westchester ; Messrs. French and Townsend, Queens; Mr. Williams, Kings. Mr. Kissam, from the committee appointed to confer with Col. Duer, delivered their report, which was read and filed, and is in the words following, viz : " The committee appointed to confer with Mr. Duer, report : " That it appears to the committee that Mr. Duer's pri- vate affairs are so peculiarly circumstanced, as to render it extremely imprudent for him to accept of his appointment to the office of deputy adjutant-general, in the Continental army in this Colony. That the committee are fully satis- fied that the said Mr. Duer has the utmost willingness to enter into the service, and that he is a hearty friend to the cause of America in her present contest with Great Britain. That he proposed a mode for the remov- ing the difficulties that lie in the way of his acceptance of the aforesaid appointment, which, though it affords a strong proof of his readiness to accept the office, yet is of such a nature as that, the committee are of opinion, it would be inconvenient to comply with ; and, therefore, do farther 30 report it as their opinion that he ought to be permitted to decline the appointment, and to be furnished with a copy of this report, as a testimony that his so declining proceeds not from any motive unfriendly to this country, but from a necessity that results from the particular state of his pri- vate affairs. That it appears, that the embarrassment to which Mr. Duer is exposed, has arisen from a circumstance that has occurred since his last return from Philadelphia." Resolved, That this Congress does agree with the said committee in their said report; and, Ordered, That a certified copy of this report be deli- vered to Mr. Duer by one of the Secretaries. Resolved- and agreed, nem. con. That Robert G. Li- vingston, Jr. be appointed deputy adjutant-general, with the rank of colonel, in the place of William Duei, Esq. and that he be directed to join the army under the com- mand of Gen. Schuyler, with all possible despatch. The Congress then adjourned to 4 o'clock P. M. 4 ho. P. M. August 23d, 1775. The Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esq. President. The President with leave of the Congress, went to re- ceive the money brought from Philadelphia by Messrs. Hallett and Dumond, two members of this Congress ; and Col. Woodhull is elected President pro tempore. A letter from Col. William Bayard was read and filed, complaining that his house is surrounded by armed men of the new levies, and requesting to know if they are posted there by order of the Congress or committee, or what the meaning of it can be, which would much oblige his family, who are greatly alarmed by it. Ordered, That Col. McDougall and Mr. Thomas Smith proceed to Col. Bayard's immediately, and make inquiry of the cause of those troops surrounding Mr. Bayard's, and discharge them unless they see cause to detain them there, and that they report to this Congress with all pos- sible speed. A letter from the Committee of Safety at Philadelphia, of the 19th inst. was read and filed, and is in the words following, to wit : " In Committee of Safety, ? " Philadelphia, August 19th, 1775. $ " Gentlemen — We have received and considered your application for a supply of gunpowder. We had already furnished to the army and to the neighbouring Colonies all we could safely spare, when an express arriving from Gen. Schuyler, dated 2d August, at Ticonderoga, expres- ing his great want of gunpowder, we forwarded to him 22001b wt. directed to the care of the committee at Al- bany. At the time we sent it we were not informed that a large quantity which arrived in New-Jersey from South Carolina had been forwarded to him a short time before, which it is likely he had not heard of when he wrote, but which would make our last supply unnecessary. As pro- bably that may not be gone from Albany, we leave it to your consideration whether it may not on an application to Gen. Schuyler be brought back from thence for your use. " We are gentlemen, " Your most obedt. humble servts. " By order, " B. FRANKLIN, President. " To P. V. B. Livingston, Esq. and the Members of the Provincial Congress, New-York." Another letter from the Committee of Safety at Phila- delphia, of the 21st inst. was read and filed, and is in the words following, to wit : " In Committee of Safety, ) " Philadelphia, August 21 si, 1775. J " Gentlemen — We are much obliged to your commu- nication of the intelligence from Gen. Washington, and shall forward it to the committees down the river. As possibly the enemy may think of calling upon us, it ren- 118 JOURNAL OF THE PROVINCIAL CONGRESS. ders it more necessary for us to keep the little powder we have, but when any fresh supply shall arrive here, we shall readily spare you a part of it. " We are, gentlemen, " Your most obedt. humble servts. " By order, " B. FRANKLIN, President. " To P. V. B. Livingston, Esq. and the Members of the Provincial Congress, New-York." Mr. Robert Yates moved, and was seconded by Messrs. Polhemus and Verplanck, that the resolutions of this Con- gress entered into this day, that the members shall take the oath therein mentioned, be reconsidered to-morrow morning. The same being unanimously agreed to, Ordered, That the same be reconsidered to-morrow morning. Ordered, That Dr. Dayton, Mr. Robert Yates, Mr. Townsend and Capt. Wickham be a committee to take into consideration the state of the stock on Gardiner's island and Montauk, and report to this Congress what they think proper to be ordered or done relating to the said stock. Ordered, That Mr. Tredwell and Mr. Melancton Smith be a committee to take into consideration the petition of the executors of the last will of David Gardiner deceased, and report a draft of a letter to the Honourable House of Representatives of the Colony of Massachusetts Bay, agreeable to the prayer of the said petition. Ordered, That the committee appointed to take into consideration the letter of the committee of Brookhaven, of the 3d inst. and to report such general resolutions or re- gulations as may be proper to be entered into or ordered by this Congress, to be done in cases of this nature, do make report to-morrow. The Congress adjourned till 9 o'clock to-morrow morn- ing. DIE JOVIS, 9 ho. a. m. August 24th, 1775. The Congress met pursuant to adjournment. Opened with prayers, by the Rev. Dr. Rodgers. A letter from the President to the Secretary was read and filed, informing the Congress that he is overcome with fatigue and want of sleep, and unable to attend. The Congress then unanimously chose Col. Woodhull President pro tempore. Mr. Sears informed the Congress that he had a letter sealed, which he showed, directed to His Worship The Mayor of this city, and said to be from Capt. George Van- deput of the ship Asia. Ordered, That Mr. Verplanck and Mr. Sears, wait on the Mayor with the said letter and request to know the contents. Mr. Verplanck returned with the letter directed to the Mayor, and with his leave to take a copy thereof, which was read, and is in the words following, to wit : " Asia, August 24th, 1775. " Gentlemen — After the event of last night I think it necessary to inform you that having had information that it was intended by some people in New-York to take away the guns from the Battery, which as stores belonging to the King, it was my duty to protect, I sent a boat to lie near the shore to watch their motions. Soon after twelve they began to remove the guns from the Battery, which being observed by the officer in the boat, he left his sta- tion to come on board to inform me thereof, but being per- ceived from the shore, he was fired upon by a great many musketry by which one of the men in the boat was shot dead. My duty called upon me to repel an act of this sort, as well as to defend the guns, which occasioned me to fire upon the battery. " I acquaint you of this, that the people of the town may not imagine it is my intention to do them any hurt, winch I wish as much as possible to avoid ; but if they will per- sist in behaving in such a manner as to make their safety and my duty incompatible, the mischief that may arise must lay at their doors and not at mine. An answer is de- sired. " I am, gentlemen, " Your most obedient humble servants, " GEO. VANDEPUT. " To the Mayor and other Magistrates of the city of New-York. ; ' Ordered, That Mr. Robert Yates, Mr. Thomas Smith and Mr. Kissam, be a committee to examine witnesses and take affidavits relating to the attack mentioned in Capt. Vandeput's letter, and the attack made by him on this city. Resolved and Ordered, that Peter Van Brugh Livingston Esq. pay to Peter T. Curtenius twenty thousand pounds, to be applied towards discharging the debts contracted by purchasing provisions, military stores and other necessa- ries in obedience to the orders of this Congress, and that Mr. Livingston take Mr. Curtenius' receipt for the same on account. A letter from William Smith, Esq. chairman of the com- mittee of Suffolk county, bearing date the 22d inst. was read and filed, and is in the words following, to wit : " Suffolk county, August 22d, A. D. 1775. " Gentlemen — The committee of this county are now met to give proper directions for taking the stock from Gardiner's and Plum islands, according to your direction of the 18th of this inst. It is with the greatest concern that we find the troops at the east end of this island are ordered away, whereby we shall be left defenceless. Gen. Wooster was prevailed on before the receipt of your let- ter to tarry with his troops a few days ; he is now present with us and lets us know that he purposes to depart to- morrow. There are now three cutters at the east end of this island cruising, and we must beg leave to inform you that the stock on Montauk, Shelter island and Oyster Pond Point, will be in the utmost danger of falling into the hands of the enemy, besides the constant alarms and ex- pense the inhabitants of this part of the county will be ex- posed to, unless your honourable House will take our situ- ation under your consideration, and allow us at least such number of men as may be sufficient to secure these parts from the depredations of the enemy. " The companies raised here we presume will not diso- bey your orders ; but we pray you to consider how desti- tute we shall be left when our men are gone, our arms put into their hands and carried from us. With the advice of Gen. Wooster we have ventured to desire the captains not to march until we can send an express to you, to let us know whether we can have any hopes of relief ; and far- ther we think we cannot at present get off the stock with- out a sufficient guard upon the Islands. Gen. Wooster in- forms us that he had advice from Gov. Trumbull to return to New-York before he received your letter, and we cannot think it could be the design of the Continental Congress that this county should be left in this situation. Col. Gardiner of Plum island, says that Col. Abijah Wil- lard in the ministerial fleet, informed him that they should come again, and would bring a sufficient force to take the stock from Long island. " We are, gentlemen, " Your most obedient humble servants, " By order, " WM. SMITH, Chairman. " To Peter Van Bkugii Livingston, President of the Provincial Congress at New- York." Ordered, That the said letter be delivered to the com- mittee appointed to take into consideration, the state of the stock on Gardiner's island and Montauk. A draft of a letter to the Honourable the House of Repre- sentatives of Massachusetts Bay, to cover the petition of JOURNAL OF THE PROVINCIAL CONGRESS. 119 the executors of David Gardiner, Esq. and the papers which attend the same, was read and filed, and it is in the words following, to wit : "In Provincial Congress, ) " New York, August 24th, 1775. S " Gentlemen — You will readily perceive the propriety of our referring to your honourable House a petition from the executors of David Gardiner, Esq. deceased, which we send you enclosed, together with the evidences which we are possessed of, facts therein stated, and an account of the things taken and damages. " If you should approve of the mode pointed out by the petitioners for obtaining the desired satisfaction, we doubt not but you will be ready to grant them all the assistance and relief, in your power. " We are, gentlemen, " With the greatest respect, " Your most humble servants. " To the Honourable the House of Representatives of the Colony of Massachusetts Bay." Ordered, That a copy thereof be engrossed, and signed by the President and transmitted, together with the peti- tion, affidavits and papers therein mentioned. Congress then adjourned to 4 o'clock, P. M. Die Jovis, 4 ho. P. M. August 24th, 1775. The Congress met pursuant to adjournment. Mr. Van Zandt, Mr. Marlett.Mr. Thomas Smith and Mr. John Van Cortlandt severally took the general oath of se- crecy. Mr. Clarkson and Mr. Walton respectively took the particular oath of secrecy with respect to the exami- nation of Melancton Lawrence and the letters found in his custody. The committee appointed to examine Capt. Melancton Lawrence delivered in the examination of said Lawrence, which was read and filed, and is in the words following, to wit : " The examination of Capt. Melancton Lawrence before a committee of the Congress on the 24th day of August, 1775. " That he was appointed, on the 24th April last, com- mander of the schooner Neptune, and believes she belongs to the Government. That he left Boston on the 23d of July last with despatches from Gen. Gage to Capt. Van- deput ; that he had orders from the general to put himself under the command of one Lieut. Evans, agent of the transports ; that when he went on board of Evans' trans- ports, he received from him two letters directed to one Wallace, captain of the Rose man of war at Newport ; that if Capt. Wallace gave him no particular orders to the contrary he was to cruize south, off Block island, until he heard from the said Evans ; that he arrived at Newport in three days, and not finding Wallace, he stood out and fell in with the King Fisher, the captain whereof took him un- der his command and conveyed him into Rhode Island, where he found Capt. Wallace, to whom he delivered his letters ; that he then ordered him to follow him and pro- ceed to Block island, where they fell in with a fleet of trans- ports and proceeded with the fleet to Fisher's island ; that he was told by one, Col. Willard, that he had planned the ex- pedition to take the cattle from the islands ; that cattle and sheep were taken off from Gardiner's and Fisher's islands, to wit: 36 head of horned cattle and 1,100 sheep from Fisher's island, as he was informed ; from Gardiner's island, between 40 and 50 horned cattle, and between 1,800 and 2,000 sheep, as the examinant was informed ; that the examinant did not assist in taking the cattle and sheep from either of the islands, nor received any of them except four sheep, which were sent aboard for the use of the men who were sent on board of this examinant by Col. Willard. That the examinant understood from Col. Willard, that the man on Gardner's island was very sulky at first and refused to sell, but that afterwards he insisted that whatever they took away they were to give an account of ; that he also understood from Willard, and from other circumstances he has reason to believe, that the man on Fisher's island was willing to sell cattle ; that Evans, the agent, gave this examinant orders to take all vessels he might fall in with, and particularly those loaded with salt ; that this examinant met with several vessels, particularly a brig loaded with salt, bound to Rhode Island, but did not take or molest them in their voyage : that he could not discover that there were any intentions of the army, or any part of it, to remove from Boston ; but on the contrary, there was all the appearance of their intentions to stay, as they were strengthening their fortifications ; that no troops had been sent from Boston to Quebec, but that he has understood that one Gamble, an officer, was gone to recruit there ; that when this examinant, in May or June last, was on his return from here to Boston near the Hook, a sloop from Staten-Island came down with sheep, hogs and hay ; that Capt. McDonald was on board the sloop, who insisted on their being taken on board the schooner ; but upon this examinant's refusing to take them on board, they were sent back, though the said McDonald proceeded with him to Boston ; and that the said McDo- nald at Boston informed him he was going to Quebec, and that he was on full pay ; that Allen McLean also went passenger with this examinant to Boston, and returned to to New-York with the examinant, when he brought Gen. Haldimand to New- York ; that the said McLean brought with him a bag of money which he took ashore with him ; that from papers which he left on board, the examinant dis- covered from the contents of one of which subscribed by Gen. Gage, authorizing him to enlist a regiment of, he thinks, Highlanders, in the Provinces, for His Majesty's service ; that at Tarpaulin Cove, he received a package of letters from Evans, directed to Governor Tryon ; and that Evans told him they were letters he had received from Gen. Robinson, which he delivered on board the Asia man of war ; that this examinant is willing to declare on oath that he has at no time carried any provisions other than his own stores for the use of the vessel from this or any other port to Boston, though he has had opportunities to do it (except seven sheep, which were put on board of him by Montague at the Hook.) "MELANCTON LAWRENCE." A letter from Dr. J. Mallett to Mr. William Allman, of the 18th July, was read and filed. A letter from Col. Robertson to Capt. Montague of the 20th July, was read and filed, and is in the words follow- ing, to wit : " Boston, 20th July, 1775. " Dear Sir — Two turtles, at a time when a bit of beef or mutton is a rare feast, command my gratitude ; but let me assure you, I enjoyed the reflection that I owed them to your friendly regard far above the relish of a well dressed dish. " Your health was drunk by a company whose good wishes you would value. I wish I could send you any thing in return that would be grateful to you. The state of poor Parsons' health affords nothing of this kind ; he is very weak, in much pain and great danger indeed ; the heat of the season and the want of fresh provisions made many officers' cases, though judged slight, dangerous. " It would not be proper to put in writing my sentiments about the state of the war, or the mode of carrying this on. I may, however, say the enemy are multiplying im- mense works all round this country ; every hill has gothic fortifications like those in the west of England. With these they seem to intend to shut up every access from this place. All their works, except those they began on Bunker's hill have been of the defensive kind ; so far they seem sensible that they'll be ruined if they give us an opportunity of charging them with bayonets in a fair field — numbers can not save them — behind works and walls they may kill ten men and then fly; and this repealed often would make a dozen victories equal to a defeat. I 120 JOURNAL OF THE PROVINCIAL CONGRESS. send you some letters that have passed. If you were ad- miral here, land and sea would be on better terms, the town better supplied, and convoys better guarded. The Yankees have brought about fifty whale boats over Dor- chester neck by Roxbury church, and put them in the wa- ter near Charlestown river ; with fourteen others they landed on Thursday and burnt the light house, and it be- ing calm afterwards, set fire to some fishing boats — and all this in open day in sight of our fleet. "The Congress edicts direct the people in all the Colo- nies to refuse us supplies ; the committees enforce the edicts with attention and severity. To prevent our suffer- ing by want of fuel and barrack bedding, I sent Mr. Page to London to purchase and send out these necessary arti- cles. Even candles are ordered from home — we are dis- tressed a little by a scarcity of these already. I have in Sergeant Bouden's care 140 boxes ; if you could get these on board under the pretence of your ship's service, and then give them to Capt. Evans, who commands the Spy armed vessel, and will be the bearer of this, you would oblige me, and what you value more, serve the public by saving it from a double loss, as these candles may not only be lost to us, but be taken for the use of the rebels ; how- ever, if moving them would endanger the quiet of the town or be productive of a riot, it is not an object deserv- ing such a risk. " Mr. Page returns from London as soon as he can finish the business he goes on, his address will be, to the care of James Parliament-street. He'll be here in October, and he would be happy to direct his attention to any commands you may give him. " I am, with much regard, ever, " Dear sir, your obliged and obt. servt. " JAMES ROBERTSON. " To Capt. Montague, commanding His Majesty's ship King Fisher, New-York. " I wish poor Mrs. Acray and Betsey well ; bid them have patience ; her civility will make her friends, and times may soon mend." Ordered, That Col. McDougall and Mr. Sears take into custody Bowden, and send him in custody to this Congress to-morrow, and that they take and carry away all the candles in the store adjoining to Bowden's house, and other stores mentioned in Col. Robertson's and Mr. Mallett's letters. A letter from Thomas Ash, at Boston, of the 23d July, to John Shaw, of New-York, merchant, was read and filed. The Congress adjourned to 9 o'clock to-morrow morning. DIE VENERIS, 9 ho. a. m. August 25th, 1775. The Congress met pursuant to adjournment. Present — Peter Van Brugh Livingston, Esq. President. Ordered, That the committee appointed to examine Capt. Melancton Lawrence, have power to take such secu- rity of him as they shall think proper ; and also to take his declaration that he will not enter again into the ministerial service, and discharge him. A draft of a letter to the committee of each town from hence to Cambridge, was read and filed, and is in the words following, to wit : " In Provincial Congress, ) " At New-York, Aug. 25lh, 1775. $ " Gentlemen — This will be produced to you by the Capts. Willing and Wharton, who have the charge of three prisoners and two servants, taken at Philadelphia ; and as they may want carriages or other assistance to transport them to the camp at Cambridge, we therefore request you to give them such aid as they shall judge necessary to exe- cute the command with which they are now entrusted, they paying for the same. " By order. ■"To the Committee in each Town from New-York to the Camp at Cambridge." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. The committee to take into consideration the state of the stock on Gardiner's island and Montauk point, delivered in their report, which was read and filed, and is in the words following, to wit : " Your committee do report, that a letter of the follow- ing contents be sent to the general committee of the county of Suffolk. "In Provincial Congress, ) " New-York, Aug. 25th, 1775. $ "Gentlemen — We are fully sensible of the necessity of providing against the future depredations of the ministerial army; and we see the danger of your defenceless condition, after the removal of the companies raised in your county. " We do, therefore, earnestly recommend that you im- mediately form the militia of your county into companies agreeable to the late regulations of the Continental and this Congress, and that you place two companies of mi- nute men, or any less number which you may think suf- ficient, at or near the pass by the little pond near Mon- tauk ; and one other company, if you think so many ne- cessary, at or near Shelter island, with directions to them, upon the discovery of any vessels which may be suspected to have a design against you, immediately to drive the cat- tle from Montauk point and Shelter island into the interior part of your island. " The disposition of guards, signals, the manner of driv- ing off the cattle, and to what place of security, we must leave entirely to your directions and care. " The minute men, while in actual service, are entitled to the same pay with the Continental troops, which will be an inducement to them to undertake this necessary service. The repeated orders from Gen. Schuyler for the march of the troops raised in this Colony, makes it absolutely neces- sary that the companies raised in your county should im- mediately march. We will, however, venture to recom- mend their stay ten days from the date hereof at the most, to give you an opportunity, in the mean while, to complete the companies of minute men. " We do also recommend to you, that you remove from Gardiner's island the English hay. " By order. " SAMUEL TOWNSEND, Chairman. "To Wm. Smith, Esq. Chairman of the Committee of Suffolk county." Ordered, That a copy of the said letter be engrossed and signed by the President, and transmitted. Mr. Gilbert Livingston, Mr. Tom, Mr. Hallett, appeared in Congress, and took the general oath of secrecy. Col. Lispenard and Mr. Marston, Mr. Lefferts, Mr. Lott, Mr. Polhemus, Lewis Graham and Peter V. B. Livingston, Esq. took the particular oath of secrecy as to examination of Melancton Lawrence, and the letters taken in his custody. The committee appointed yesterday to examine wit- nesses and take affidavits relating to the attack made on this city by Capt. Vandeput, delivered in affidavits of ele- ven different persons in this city, proving that the first firing and attack began from Capt. Vandeput's boat from the ship Asia, which were read. A letter from Col. James Clinton, of the 19th inst. was read and filed. A letter from Major Henry Livingston, Jr. of the 21st inst. was read and filed, and is in the words following : " Poughkeepsic, August 21si, 1775. " Sir — I am desired by Col. Clinton, to inform the Hon. the Provincial Congress, that drums are wanting for the respective companies that compose his regiment. He also desired me to mention our medicine chest. Suppose, how- ever, we shall find that and the drums at Albany. With respect to Dr. Samuel Cooke, the gentleman nominated surgeon to our regiment, I am authorized to inform you, sir, that he attended several days in New-York for his ex- amination, but at length by one contingency or other came JOURNAL OF THE PROVINCIAL CONGRESS. 121 away without it. He at first applied to Dr. Jones, who would not examine him unless Dr. Bard (who was out of town,) was present. The matter was stated to the Con- gress, who ordered that one of the members should wait on Dr. Jones and inform him, that an examination by him alone would satisfy them ; Dr. Jones, however, declined. After Dr. Bard's return there was a day appointed for the business, but that day both Drs. Jones and Bard were called to Long island. Dr. Cooke being very unwell at the time, could stay no longer, having attended several days to no purpose. " Those officers and soldiers who are acquainted with Dr. Cooke and his practice, and good success both as physician and surgeon, are very desirous to have his ap- pointment confirmed ; and as we expect to march in two or three days, are exceedingly anxious that he may be ac- quainted with it, and follow us as soon as possible. " I am, sir, vour obt. humble servant, " HENRY LIVINGSTON, Junr. " To the Hon. Peter V. B. Livingston." Ordered, That Dr. Samuel Cooke be appointed sur- geon, and he is hereby appointed surgeon to the third re- giment of troops raised in this Colony, and at the request of Mr. Henry Livingston, Jr. the major of the said regi- ment, which he says is with the consent of a considerable number of the said regiment. Ordered, That the examination of Dr. Samuel Cooke be dispensed with, and that he be appointed surgeon, not- withstanding he has neglected to be examined according to the standing order of this Congress, but that this shall not be a precedent in any other instance. Mr. John Stephenson sent into Congress a certificate of Dr. John Jones and Dr. Bard, which was read and filed, and is in the words following, to wit : " This is to certify that we, the subscribers, agreeable to an order of the Provincial Congress, have examined Mr. John Stephenson, respecting his knowledge in physic and surgery, and that we find him competently qualified to act as a surgeon's mate. " JOHN JONES, AT. D. " SAML. BARD, M. D." Ordered, That Mr. John Stephenson be appointed, and he is hereby appointed surgeon's mate to the third regi- ment of troops now raised in this Colony, and ordered that he join his regiment with all possible despatch. Mr. Bedford Williams, who was on the 16th inst. ap- pointed surgeon's mate to the second regiment, agreeable to a standing order of this house, produced a certificate of Dr. John Jones and Dr. Bard, which is in the words fol- lowing, to wit : " This is to certify that we, the subscribers, agreeable to an order of the Provincial Congress, have examined Mr. Bedford Williams, respecting his knowledge in physic and surgery, and that we find him competently qualified to act as a surgeon's mate. " JOHN JONES, M. D. " SAML. BARD, M. D." Ordered, That Mr. Bedford Williams' appointment of surgeon's mate stand confirmed, and that he join his regi- ment with all possible despatch. A letter from the Hon. Jonathan Trumbull, of the 21st inst. was read and filed, and is in the words follow- ing : " Lebanon, Aug. 2\st, 1775. " Sir — I received your favour of the 28th last, long since, and with pleasure noted the contents, and the noble forward disposition of your respectable Congress, to pro- mote a service of so great a necessity and importance as supplying the northern army, among many other necessa- ries, with tents which I should not have asked of you for the troops of this Colony, but from a sense that the cause is common, and that we are extremely exhausted of materials for tents ; and that it was proposed to me by Maj. Gen. Schuyler, that you could probably do it with 31 ease, and from your favourable assurances I hoped they were received at the camp before this ; but am unhappy to find, by letters of the 14th inst. received this morning from Gen. Schuyler and Col. Hinman, that they have not received nor heard of any coming to them ; and expressing fears that the proposed progress of the army may be im- peded, disappointed, or Col. Hinman's regiment very greatly suffer for want of them. " I must beg the favour of you, since you were pleased to undertake it, and in confidence thereof we have neglect- ed any attempt to supply them, and as it is of so great importance to the whole Continent, and very peculiarly so to your city and Province, that they should be supplied and succeed in their designs, that you will be pleased to forward those tents, in the most speedy manner possible, the season being far advanced. " You are pleased to mention our remitting the money for them ; you may rely that if the expense is not season- ably defrayed by the Continental Congress, this Colony will not fail of doing it, although they have already without grudging advanced near £150,000 of this currency. " On motion of Mr. Livingston, I lately gave Mr. Van Rensselaer a permit to purchase in and carry out of this Colony, for the use of said northern army, 450 barrels of pork, although there is a scarcity of it among us, and in pursuance of an advisory caution from his Excellency Gen. Washington, have since wrote and required of Mr. Van Rensselaer not to suffer any of it to be water borne to New- York, lest it might fall into the hands of our enemies, but to transport it directly to the North river, almost as near as the Sound, to any place where it can be purchased. 1 doubt not you will approve of this precaution, and cause the same pork to be forwarded with all possible expedition to Gen. Schuyler. " I am, with esteem and regard, sir, " Your obedient, humble servant, " JONTH. TRUMBULL. ''To the Hon. P. V. B. Livingston, President of the Hon. Provincial Congress of New- York." A draft of an answer to Gov. Trumbull was read and filed, and is in the words following, to wit : "In Provincial Congress, > " New-York, dug. 25th, 1775. S " Sir — We have been honoured with your favour of 21st inst. and are very sorry to learn the apprehensions you ex- press that the progress of the army may be impeded, if not disappointed, for the want of tents. " The fact is, that all the tents we had, and all the mate- rials that could be procured, have been made up into tents, and forwarded with part of our own troops ; and Gen. Schuyler has undoubtedly ere now disposed of them as circumstances or the necessity of the service may require. We can only add on that subject, that we shall procure materials for more tents by every means in our power, and send them up to Gen. Schuyler as soon as possible ; but we see no probability of being able to provide, at any rate, a sufficient number for the northern army. " If, therefore, materials can be collected in any due season in your government, it will promote the general service to give the necessary orders for that purpose with- out delay. " The precaution about the pork which you permitted Mr. Van Rensselaer to purchase, may be a wise one ; but unless proper orders are lodged at the different landings to which it may be carted, the purpose for which it is wanted may be in a great measure defeated. Permit us therefore to request the favour of you, to give such directions as you shall judge necessary, to prevent such inconveniences and disappointments. " We have the honour to remain " With much respect, sir, yours, &c. " By order. " To the Hon. Jona. Trumbull, Governor of the Colony of Connecticut." 122 JOURNAL OF THE PROVINCIAL CONGRESS. Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. A draft of a letter to Charles Thompson, Esq. was read and filed, and is in the words following : " In Provincial Congress, ) " New-York, Aug. 25th, 1775. $ « g IR — We are informed by our Delegates that the Con- tinental Congress ordered a ton of their powder to be sent here, to replace what we had lent for the common service ; as our defence may probably very soon require a supply of that article, we must beg the favour of you either to be at the trouble of forwarding it, or inform us without delay by letter, where and to whom we are to apply for it. " We flatter ourselves that your zeal for the service will call your attention to the business. " And are, sir, " Your very humble servants. " By order. " To Charles Thompson, Esq. Secretary to the Continental Congress." A return of the election of militia officers in the borough of Westchester, was filed. A return of the election of militia officers in the pre- scind of Mamacoting, was read and filed. A return of the election of militia officers in the south district of New-Marlborough, was read and filed. Johan Christian Drewidz being brought before this Con- gress, and examined concerning his vessel lately returned from sea to Sandy Hook, or the watering place ; and many suspicious circumstances appearing which induce a belief that this vessel has been to Boston : Ordered, That Johan Christian Drewidz be committed to the care of Col. McDougall, and that he take care that the said Johan Christian Drewidz be kept with the greatest safety. A letter from Francis Stevens of the 12th of August inst. to Gen. Gage, was read and filed, and is in the words following, to wit : " Office of Ordnance, ) "New-York, Aug. 12th, 1775. J " Sir — Since my letter to your Excellency of the 31st July, I have been honoured with yours of the 18th, pre- ceding, which has given me much uneasiness, as it seems to imply a remissness on my part in not getting more of the stores removed from hence agreeable to your Excel- lency's wishes. I must beg leave to observe that I always used my utmost endeavours to comply with the orders I received, as far as circumstances would admit. But the multiplicity of bulky articles shipped on board the vessels, such as battering plank, boards, joists, brick, straw, and many other particulars belonging to different departments, (the want of which is as strongly urged to me) took up so much room as to render it entirely out of my power to forward a further quantity of ordnance stores. Had the shipping ordered for that service been in a proper condi- tion to have received their full load, I am well persuaded there would not in that case have any thing remained ; but as some of them, particularly the ship Henry, had all her water, provisions, &c. on board, which the master refused to disembark, I was by that means prevented from send- ing many more articles which I should have otherwise certainly done. If your Excellency will be pleased to or- der the several bills of lading to be laid before you, or an account of the many articles which were shipped from hence on board the different vessels (exclusive of the ord- nance stores,) you will judge of the vast deal of room they must have necessarily taken up on board these ves- sels, and which of course prevented my forwarding those stores that have since very unfortunately fallen into the hands of the rebels. The brig Countess of Darlington, arrived in the Sound, a few miles above Turtle bay, on the 25th April, and had I been permitted to have loaded her, should no doubt have sent to Boston every species of stores I stood charged with, (the largest sizes of shot and shells only excepted,) but the violent commotions which at that time prevailed among the people, were such as to render it impossible, and the vessel was obliged for safety, immediately to depart, without my being able to put the least article on board her. " With respect to the saltpetre, it was at the time depo- sited at Turtle bay, where I conceived it to be equally se- cure with the rest of His Majesty's property, and that moving it might excite the jealousy of the people, who as- siduously watched that no supplies should be sent to Bos- ton. At this period I had no idea of powder mills being erected, or that they would ever have the audacity to rob and plunder the store houses in the manner they have since done. Their declared intention at the time, being to prevent all supplies going to Boston, that might enable your Excellency to act with greater effect against their brethren and fellow subjects in New-Eng- land. I entreat your Excellency, therefore, to believe me, when I assure you that every thing was done which lay in my power, towards expediting and other ways for- warding the good of His Majesty's service. " I am, with the greatest respect, sir, " Your Excellency's most obedient, " And most humble servant, "FRANCIS STEVENS. " To His Excellency, the Hon. General Gage." A letter from Joseph Allicock, of the 23d inst. to Hen- ry Lloyd, Esq. was read and filed. Another from Joseph Allicock, of the 23d inst. to Lieut. Butricke, was read and filed. Ordered, That P. V. B. Livingston, Esq. pay to Jo- seph Hallett, Esq. the farther sum of £2,000 on account, in addition to the sums he has already received, and take his receipt for the same. The Congress adjourned to 4 o'clock, P. M. 4 ho. P. M. August 25, 1775. The Congress met pursuant to adjournment. Resolved and ordered, That no more cannon or stores be removed from the Battery, until further orders from this Congress. Mr. Scott, Mr. John Van Cortlandt and Mr. Pye, se- verally dissented. Resolved, That the guard be strengthened this night by an additional company, in order to prevent any insult be- ing offered to His Excellency the Governor. And Resolved, That Col. Lasher be desired to strengthen the guard intended for this evening, by adding the Grena- dier company to that guard. That the whole guard be un- der the command of Capt. Brasher — and that upon a mes- sage from His Excellency the Governor, they repair to his house and protect him from insults. The Congress adjourned to 9 o'clock to-morrow morn- ing- DIE SABBATI, 9 ho. a. m. August 26th, 1775. The Congress met pursuant to adjournment. No prayers. Joseph Allicock, according to a direction from this Congress, attending at the door, was called in. He pro- duced three receipts, one tenor and date, for provisions late- ly delivered to Capt. Mclancton Lawrence, for the armed sloop then under his command, and acknowledged that he had, in the course of the business of the contractors for victualling the army, supplied all the armed vessels ex- cept the men of war — he had supplied such provisions in- advertently and without any design to injure the country. Capt. De Kay, according to a direction from this Con- gress, attending at the door, was called in and examined, and notes taken of his examination, which are filed. Capt. De Kay gave an order in writing to the pilot and mate of the vessel, to bring up his vessel. JOURNAL OF THE PROVINCIAL CONGRESS. 123 Ordered, That Col. McDougall take Capt. Charles De Kay into custody, and keep him safely until the farther order of this Congress. The committee appointed to report on the letter from the Brookhaven committee of the 3d inst. and to report such general resolutions or regulations as may be proper to be entered into or ordered by this Congress, to be done in cases of the like nature, delivered in their report, which was read and filed. Whereas, there is great reason to suspect that vessels with provisions from some parts of this Continent, have been put in the way of some of His Majesty's armed ves- sels, with design that they might be taken. To prevent any thing of the like kind from thus accruing, Resolved, That no vessel depart this Colony with pro- visions unless the permit of this Congress or of their Com- mittee of Safety, be first had for that purpose. Ordered, That this resolution be published in the news- papers, and in hand-bills. Mr. Sears delivered in an inventory of all the articles by them taken from the stores adjoining to Bowden's house, in obedience to the orders of this Congress, which is as follows, to wit : 140 boxes candles, 7 blankets, 80 pair sheets, 24 bed ticks and 26 bolsters, 14 halberts, 5 cartmen's loads of medicines — that the medicines are in a room at the barracks. Ordered, That Dr. Treat and Dr. Thomas Jones be re- quested to have an inventory made of all the medicines, and to examine their qualities, and set a valuation on them, and return a copy thereof signed by them, to this Con- gress, that this Congress may be able to preserve testimo- ny of the value of those medicines. Resolved, That the general committee of the city and county of New-York, be requested to meet every day, (Sundays excepted,) in order to expedite such business as falls in their department, which frequently arise in this ex- igency of the public affairs. Resolved, That the Congress having thought it expedi- ent to remove some of the cannon from the Battery to the place where they now are, they will again remove them, as they shall find it necessary for the defence of the inha- bitants of this Colony. Ordered, The report of the committee of ways and means to discharge the debts of this Colony, be taken in- to consideration on next Tuesday morning, The Congress then adjourned to Monday morning, 9 o'clock. DIE LUN-/E, 9 ho. a. m August 28th, 1775. The Congress met pursuant to adjournment. No prayers. No. 1. A letter from P. V. B. Livingston, Esq. dated this day, was read and filed. Col. Woodhull is elected President, pro tempore, until Mr. Livingston is able to attend. A letter from Joseph Trumbull, dated at Cambridge, on the 3d August, to his brother Jonathan Trumbull, Jr. was read. He thereby directs him to purchase large quantities of flour, beef and pork for the use of the army at Cam- bridge. Another letter to Joseph Trumbull, of same date, to any merchants in New-York or Philadelphia, as a letter of cre- dit to his brother Jonathan Trumbull, Jr. until the Conti- nental currency issues, was read. A letter from Nathaniel Shaw, Jr. dated at New-Lon- don, 7th inst. and directing Mr. Jonathan Trumbull, Jr. the safest way of transporting flour, was read. The members generally sworn were charged to keep se- cret the contents of those letters, and Messrs. Van Derbilt, Woodhull, Lispenard, Polhemus, Ten Broeck, Hoffman, Kissam, Marston, Cuyler, Richard Yates, Roosevelt, Verplanck, Rensselaer, Dumond, Walton and Hornbeck, were sworn to secrecy in this particular matter. Mr. Governeur Morris came into Congress and took the general oath of secrecy. Richard Jenkins, late master of a vessel of Thomas Ludlow, came into Congress and gave information : Thai relating to the vessel and cargo is on oath, and that relating to the state of Quebec the best information he can give, b ut, not on oath. The application of Murray, Sansom, Murray & Co. and of Frederick Rhynlander to permit the ship Peggy and cargo of wheat to sail for Falmouth, in England : Tha application of Charles McEvers & Co. to permit the ship Albany and cargo of wheat to sail for Lisbon. The ap- plication of Walter Buchannon & Co. to permit a vessel and cargo for Madeira, and another vessel and cargo for Barcelona, to sail : The application and affidavit of Thomas Arden, Jr. and David Bemus, owner and master of the sloop Liberty, to obtain a permit for her to sail; and an application from Robert Bryson, of Bermuda, to Mr» Samuel Verplanck, for six dozen bottled beer, a keg of Al- bany white peas, half a barrel mess pork, and a good American cheese, were severally read and filed. A letter from Nicholas Cooke, chairman of the com- mittee of inspection at Providence, and from John Smith and Daniel Tillinghast, committee of safety, bearing date the 21st inst. was read, and they requesting that Messrs. Clarke & Nightingale, might have leave to purchase and import at Providence, a quantity of flour and provisions for the use of the town of Providence and the American army. Ordered, That the consideration thereof be postponed till the afternoon. A letter of this day from Samuel Burling, requesting liberty to supply the flour and provisions desired at Provi- dence, and to send the same by Capt. Lindsay and Capt. Whitney. A letter from William McAdam, requesting leave for the sloop Jean, Capt. Bascombe, master, to sail with her cargo for Kingston, in Jamaica, was read. Resolved, That no bread, flour, beef or pork, be shipped or laden after the publication hereof (Mr. Walton and Mr. Kissam dissenting) without an express permission from this Congress or their Committee of Safety. Ordered, That the ship Peggy may have leave to sail with her cargo of wheat completed, and that subject to such instructions as shall be given by the committee of this Congress to be appointed for that purpose ; provided that the present captain or master be not permitted to proceed in the said vessel, and that she sail under such captain or master as shall be approved of by the said committee. Capt. Sears dissented. Ordered, That Charles McEvers & Co. have leave to complete the loading of the ship Albany, James Bunyan master, bound to Lisbon, with wheat only, subject to such instructions as shall be given by the committee of this Congress to be appointed for that purpose. Capt. Sears dissents. Ordered, That Walter and Thomas Buchannon & Co. have leave to load the vessel mentioned in their application to Congress of this day, and let her sail to Barcelona with wheat only, subject to such instructions as shall be given by the committee of this Congress to be appointed for that purpose. Ordered, That Walter Buchannon & Co. have leave to load the brigantine Catharine and Elizabeth, to Madeira, with wheat, corn and staves, 30 casks rye meal, beeswax, spermaceti candles and spruce ; but not with any flour and leather, to sail subject to such instructions as shall be given by the committee of this Congress to be appointed for that purpose. Ordered, That the sloop Liberty, belonging to Thomas Arden and James Arden, David Bewes master, be per- mitted to sail subject to like instructions. 124 JOURNAL OF THE PROVINCIAL CONGRESS. Mr. Verplanck, to ship to and 12 barrels of bread and 8 barrels of flour. Resolved, That Col. McDougall, Mr. Richard Yates and Mr. Morris, be a committee to report such regulations as they conceive proper for the owners and masters of all vessels sailing out of this port, with any kind of provisions on board. Ordered, Mr. Thomas Smith have leave of absence on Wednesday next. The Congress adjourned till 4 o'clock. 4 ho. P. M. The Congress met pursuant to adjournment. A letter from James and Alexander Stewart, requesting permission to ship three thousand bushels of rye ; the proceeds of which with what bills they shall ship, they mean to have brought back in articles that will be much wanted. A letter from Henry Remsen and John Read, request- ing permission for the sloop Charlotte, under the command of Capt. Nathaniel Harriot, to depart for Kingston, in Ja- maica, with a cargo of 380 barrels of flour and thirty bar- rels of lamp oil. And they mention that they had agreed to purchase a quantity of ship bread in tierces and barrels, and also some lumber. Ordered, That the sloop Charlotte have leave to sail with her cargo of 330 barrels of flour and such quantities of lamp oil, ship bread and lumber as her owners have en- gaged or shall think proper to put on board subject to such instructions as shall be given by the committee of this Con- gress appointed for that purpose. A letter from V. Pearse Ashfield, bearing date this day, was read, setting forth that he has laden on board the brig Patty, Bedford Ashfield master, 4000 bushels Indian corn, and asking permission for the said brig to complete her lading and to depart for Madeira. Ordered, That Samuel Burling have leave to ship flour alone for the use of the town of Providence, in Rhode Island. Ordered, That G. W. Beekman, D. Beekman and C. P. Low, be permitted to ship on board the sloop Pennsyl- vania Farmer, William Newton master, already cleared and bound to the island of St. Croix, a cargo to consist of Indian meal, rye meal, ship bread, staves, heading, hoops and boards, subject however to the instructions of the committee of this Congress appointed for that purpose. A letter from Capt. John Brown, of the British army, dated the 26th inst. was read, setting forth that in conse- quence of the indisposition of Mrs. Brown, he was pre- vented from embarking in the ship Monimia for Europe. The committee appointed for that purpose delivered in their report which was read and filed, and is in the words following: " Your committee do report that they conceive it will be proper that the owners and masters of all vessels sailing out of this port, with any kind of provision, should give security to this Congress that they will proceed to the place for which they shall report such vessels to be de- stined, and that no security less than an oath of such owners and masters ought to be accepted of. Your com- mittee, therefore, do propose for vessels bound to Europe, the following oath, to wit : " For the Owner. " ' I, A. B. do promise and declare, that the now bound to and laden with shall pro- ceed directly on her voyage to the said place of her desti- nation, for which purpose I will strictly order the master of the said to sail from the Hook into the latitude of thirty-five degrees north, and keep in, or to the south- ward of that latitude, until she shall reach the fiftieth de- gree of west longitude from London, and thence proceed with all despatch to the said port of thereby to avoid a caption by any of His Majesty's vessels of war ; the unavoidable accidents of the seas only excepted : So help me God.' " For the Master. " ' I, A. B. master of the do swear, promise and declare, that I will proceed with the said now bound, with God's assistance, to immediately, and take every precaution in my power to prevent the said vessel from being taken by any vessel of war in his Ma- jesty's service ; and for this purpose I will use my utmost efforts to go so far to the southward, immediately after I shall leave the Hook, as to the thirty-fifth degree of north latitude, and keep to the northward of that latitude, until I shall reach the fiftieth degree of west longitude from Lon- don, and thence to proceed to the said port of with the utmost despatch in my power, the dangers of the seas only excepted, and as I keep this oath, promise and decla- ration, so help me God.' " For vessels bound to the West-Indies, the following oath to wit : " For the Owner. " ' I, A. B. do solemnly and sincerely swear and declare, that I will take every precaution in my power to prevent the now bound from New-York to from falling into the possession of, or being taken by any vessel of war belonging to His Majesty ; and for this purpose I will direct the master of the said vessel, to pro- ceed immediately from the Hook to the aforesaid place of his destination, without delay, the danger of the seas only excepted : So help me God.' " For the Master. " ' I, A. B. do promise and swear that I, the master of the now bound on a voyage to will im- mediately proceed with the said vessel to the said place of destination with the utmost despatch in my power, the danger of the seas only excepted, and will take every pre- caution in my power to prevent the said vessel from being taken by any armed vessel belonging to His Majesty : So help me God.' " All which is humbly submitted. " ALEX. McDOUGALL, " GOVER. MORRIS, "RICHD. YATES." Resolved, That the owner or owners, and master of each vessel, for the lading and sailing whereof application has been made to this Congress and a permit ordered, do respectively take such oath as above directed : that is to say, the master and owners of such vessels as are to bound to the West-Indies, the oath for that purpose directed, and the master and owners of the other vessels the oaths for that purpose above mentioned. Mr. Morris, Mr. Kissam, Mr. Thomas Smith are appoint- ed a committee to report to this Congress the mode to sup- ply the ship Asia with provisions, that will be least incon- venient to the inhabitants of this city. The Congress adjourned to 9 o'clock to-morrow morning. DIE MARTIS, 9 ho. a. m. August 29th, 1775. The Congress met pursuant to adjournment. No prayers. Present— Nathaniel Woodhull, Esq. President pro. tem. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of this Congress, pay unto Capt. Robert Johnston, (of Col. Clinton's regiment,) the sum of one hundred pounds, for the use of his company : and that the said Robert Johnston do give a receipt to the said Peter V. B. Livingston and an order on the deputy paymaster-general for the repayment of the said sum. A letter from Gen. Woostcr was read and filed, and is in the words following, to wit : JOURNAL OF THE PROVINCIAL CONGRESS. J 25 " Oyster Ponds, 21th August, 1775. " Sir — Your favour of the 18lh inst. came duly to hand, and I should have sailed for Harlem without loss of time, had I not received the following important intelligence from General Washington, viz : " ' Aug. 23d, 1775 — Yesterday I received advice from Boston that a number of transports have sailed on a second expedition for fresh provisions. As they may pursue the same course, only advancing farther, we think Montauk Point on Long island a very probable place of their landing. I have, therefore, thought it best to give you the earliest in- telligence, but I do not mean to confine your attention or vigilance to that place ; you will please to extend your views as far as the mischief may be probably extended.' " Thus far the intelligence. I would further inform you that the King Fisher last Wednesday went up the Sound, with several small cutters, reconnoitering the north side of the island, and Thursday there followed past this place two topsail vessels, which I apprehend to be transports, as they fired two signal guns when they went through the race. I would therefore recommend it to the Provincial Congress to keep a good guard over Queens county, as I imagine their design is to get stock from Huntington, Lloyd's Neck or Flushing ; and as we hope to secure all the stock upon this part of the island, you may expect the Boston fleet will proceed further up the Sound. " I am, sir, your most obedt, humble servt. "DAVID WOOSTER. " To P. V. B. Livingston, Esq." Ordered, That copies of Gen. Woosters's letter be trans- mitted to the following persons, to wit : Col. Blackwell, to the committee of Huntington and to Mr. Townsend, by express. A letter from Gen. Schuyler, dated at Saratoga, on the 19th inst. was read and filed, and is in the words following, to wit : " Saratoga, Aug. 19th, 1775. " Sir — Yesterday Lt. Col. Ritzma delivered me your favour of the 8th inst. with the papers referred to and en- closed in it. The mode of procuring arms which you have adopted, I believe will afford a sufficient and an immediate supply ; but after all I fear they will be but very indifferent, if I may judge from the Connecticut arms, many of which were procured in the same way. This induces me to hint that no time ought to be lost in supplying ourselves with this necessary article, and that they should be made in every part of the Colony where there is any artist that un- derstands it. I have ordered an hundred gun barrels to New-York, and as many as the gunsmiths at Albany and Schenectady can repair, to those places, of those that were found at Crown Point. " Col. Ritzma, with the four companies under his com- mand, is to march this morning from McNeil's, two miles above this. His detachment has a quantity of baggage sufficient for three complete regiments. I hope the re- mainder of the troops will leave New-York less burthened. " I am very happy that you have appointed Mr. Duer deputy adjutant-general. Should that gentleman refuse to accept, you will I hope immediately appoint another, as I stand much in need of one. " Without an artillery officer, it will be almost needless to have cannon, for I cannot find any person amongst the troops that was ever employed in that branch. There are gentlemen who have practised in New-York, and I should hope that if the request was made, that none would refuse to serve his country on this occasion. " Please to favour me with a list of your military ar- rangement that I may know what gentlemen are appointed. Those with Col. Ritzma I had not the pleasure of being acquainted with at New-York. Fourteen of Col Ritzma's men have already deserted since his arrival at Half-Moon, and I believe he will lose many more before he reaches Ticonderoga. If those gone are like some that remain, we have gained by their going off. " If it be determined that Ticonderoga is the place to be 32 kept, I should know it the soonest possible, that such men as may be left there may be set to work in making the ne- cessary repairs. " I arrived here yesterday (on a visit to Mrs. Schuyler who has been dangerously ill, but is happily out of dan- ger,) and propose to return to-morrow to Ticonderoga. " I am, sir, very respectfully, " Your most obedt. humble servant, " PH. SCHUYLER. " Peter V. B. Livingston, Esq." A letter from Gen. Schuyler, dated at Saratoga on the 20th inst. was read and filed, and is in the words follow- ing, to wit : " Saratoga, Aug. 20th, 1775. " Sir — I did myself the honour to write to you yester- day, but forgot to answer your request relative to the Green Mountain Boys. Since my last to you on that subject, I have heard nothing immediately from them. " Reports prevail that the controversy between Allen and Warner is carried to such a length that few men will be raised, and that of those that may enlist, very few will have arms. " I have just now received an express from Gen. Mont- gomery, enclosing the examination of a Canadian, which confirms our former accounts of the friendly sentiments of the Canadians ; that the vessels building at St. John's were ten days ago not began planking ; that a number of Cana- dians are ready to join us on our arrival at St. John's. " Pray send up the cartridge paper and artillery stores with the utmost speed, as I should be sorry to remain a moment longer at Ticonderoga than what is absolutely ne- cessary. " I am, sir, most respectfully, your obedt servt. " PH. SCHUYLER. " To Peter V. B. Livingston, Esq." A letter from Gen. Schuyler, dated at Albany, on the 23d inst. was read and filed, and is in the words following, " Albany, Aug. 23d, 1775. " Sir — I have the honour to acknowledge your favour of the 17th inst. enclosing the resolutions of Congress of the 15th, and a copy of Gen. Washington's letter of the 10th. " This morning Mr. Warner was with me for the cloth- ing and blankets of the Green Mountain Boys. I read your resolution to him and delivered him six sets of warrants filled up agreeable to the choice made by them ; the seventh remains blank as one of the captains declined the service. And as these people could not take the field without some money to procure blankets and arms, I have advanced him £500 on their pay. " I did not mention to him your resolution authorizing me to appoint the field officers, as 1 cannot possibly comply with that requisition. The peculiar situation of these people and the controversy they have had with this Colony or with gentlemen in it, renders that matter too delicate for me to determine, and it was in this view that I begged that the warrants for the field officers might be sent me complete, which I shall still hope to receive as soon as possible. " I am at a loss to reconcile the spirit of Mr. Lewis' let- ter (to which I referred in one of mine to you,) with what you say relative to an hospital in your last. By the for- mer I was directed to address myself to you in the recess of Congress, by the latter it would appear that you have received no directions from the Continental Congress re- specting this department. This alarms me much, lest you should not be able to decide on the several matters contained in the letters, copies of which I had the honour to transmit you from Ticonderoga. " Our arms are of such a variety of bores, and as the ball we have were designed only for muskets, we cannot do any thing without the bullet moulds. I beg they may be forwarded without delay. " Immediately on my first arrival at Ticonderoga I ac- quainted Gov. Trumbull that Col. Hinman's regiment wanted tents. I have since been informed that, on the 126 JOURNAL OF THE PROVINCIAL CONGRESS. Governor's application, you were to furnish them. If so, I hope they are on the way up. Half of the troops are without tents and should they not arrive in time I tremble for the consequences, as they must necessarily be exposed to the rains and dews which I fear will make dreadful ha- voc amongst them. " About 700 Indians are now here and we open the con- ference with them to-morrow. " I am, sir, most respectfully, " Your very obedient, humble servant, "PH. SCHUYLER. " To P. V. B. Livingston, Esq." Resolved, That the company of artillery raised by Capt. Lamb, be considered as part of the three thousand men directed by the Continental Congress to be raised in this Colony. That the officers and men belonging to the said company be entitled to pay, agreeable to the Continental arrangement now established. That the officers of the said company be entitled to the same rank and be under the same command as other artillery companies in the Con- tinental army. That Col. McDougall be ordered to re- ceive from the treasurer of this Congress the sum of two hundred and fifty pounds to pay off the officers and men belonging to the said company up to this day ; and that the said company do forthwith proceed to Ticonderoga, and join the army under Gen. Schuyler ; and that Col. McDou- gall see that this order be complied with, with all possible despatch. William Malcom, by request in writing, prayed permis- sion for the sloop Thistle, Roger Haddock master, bound for St. Eustatia, with a cargo of 16 barrels ship bread, 40 do. apples, 300 bushels Indian corn, 30 boxes spermaceti candles, 8 cases furniture, 15,000 feet of lumber, 4,000 hoops, 20,000 shingles, 30 barrels Cornell, and a parcel of bunches of onions. Ordered, That he have a permit to ship the said cargo, and for the said vessel to sail subject to such orders, and on having such affidavits made and filed as have in such case been directed by tlrs Congress. A draft of a letter to Thomas Wicks, Esq. chairman of the committee of Huntington, was read and filed, and is in the words following, to wit : " In Provincial Congress, ? "29th Aug. 1775. $ " Sir — We thought proper to communicate to your com- mittee, the intelligence contained in the enclosed letter from Gen. Wooster, which we received this morning. Be pleased immediately to call your committee together ; and we expect you will use every measure to prevent the mi- nisterial troops from obtaining a supply of provisions from the places mentioned in Gen. Wooster' s letter. Depend- ing on your prudence and zeal in the common cause, " We are your humble servants. " By order of Congress. " To Thomas Wicks, Esq. " Chairman of the Committee at Huntington. " P. S — We beg you would immediately communicate this intelligence to the committees of Smithtown and Brook- haven, and also to Mr. Hobart and Mr. Lloyd." Ordered, That a copy thereof be engrossed and signed by the President pro tempore, and transmitted by the re- turn of the express. A draft of a letter to Col. Jacob Blackwell was read and filed, and is in the words following, to wit : " In Congress, 29th Aug. 1775. " Sir — We enclose you a copy of a letter we just now received from Gen. Wooster, and beg you would imme- diately so dispose of the militia under your command as to prevent the ministerial troops from obtaining a supply of provisions from the places mentioned in Gen. Wooster's let- ter. We rely on your zeal and utmost exertions to defeat the designs of our common enemy. " And are your humble servants. " By order of the Congress. " To Col. Jacob Blackwell, at Newtown." Ordered, That a copy thereof be engrossed and signed by the President pro tempore, and sent by return of the messenger. Ordered, That Mr. Peter T. Curtenius, the Commis- sary, do immediately purchase all the sail cloth in this city that comes cheaper than Russia duck, and that he purchase the residue of Russia duck to complete the num- ber of tents. That all the tent and sailmakers in this city be immediately set to work to complete the said tents, and that they be forwarded up as fast as they are made, by twenty or thirty at a time, until the whole number are com- pleted, to the Commissary at Albany, to be forwarded with all possible expedition to Gen. Schuyler at Ticonderoga. A letter from Abraham Yates, Jr. Esq. chairman of the committee at Albany, bearing date the 1 7th inst. was read and filed. A letter from Abraham Yates, Jr. Esq. chairman of the committee at Albany, bearing date on the 21st inst. was read and filed. A state of the case of Alexander White, Esq. was read and filed. A copy of a letter from Sir John Johnson, to A. White, Esq. dated at Johnson Hall, on Sunday morning, was read and filed. A copy of a letter from Sir John Johnson, to A. White, bearing dale on the 25th July last, was read and filed. A copy of a letter from Gen. Schuyler, to the commit- tee of Albany, dated the 11th inst. was read and filed. The copy of the examination enclosed in Gen. Schuy- ler's letter, was read and filed. Resolved and agreed, nem. con. That Edward Flem- ming, Esq. be appointed deputy adjutant-general in the Continental army, with the rank of colonel ; and that he be directed to join the forces under the command of Maj. Gen. Schuyler, with all possible despatch. Whereas, the commander of His Majesty's ship Asia, under pretence of protecting the King's property, did in the dead of the night of the 23d inst. most unwarrantably fire on the south part of this defenceless city, whereby three of His Majesty's subjects were wounded, the proper- ty of several destroyed and the lives of many exposed to the most imminent danger : And Whereas, many of the inhabitants under appre- hensions that the like hostile conduct may be in future pur- sued by the commander of the said ship, have been induced to move their wives, children and property out of this city : And Whereas, from the present temper of the people it is apprehended that the peace of this city may be inter- rupted and that the lives and property of many be exposed, in case the officers or crew belonging to any of His Majes- ty's ships should come with their boats to this city : In order therefore to preserve the peace, quiet the minds of the inhabitants and prevent the officers and men belong- ing to any of His Majesty's ships that now are, or hereaf- ter may arrive in this port from coming to this city un- der pretence of procuring supplies, this Congress have thought proper to permit, and they do hereby permit, (agreeable to the former directions of this Congress) that Abraham Lott, Esq. contractor for His Majesty's navy, do in future supply His Majesty's ships stationed here, with all necessaries, as well fresh as salt, for the use of the said ships ; that such supplies be by him sent to the Governor's island ; that they may be taken from thence on board the said ships. And the inhabitants of this city and Colony are hereby enjoined from using any attempt to prevent the said sup- plies from being furnished by the said Abraham Lott or his agent ; or for obtaining satisfaction for the injury they have received ; as this Congress, duly impressed with a sense thereof, are determined to pursue every prudent and proper measure for preventing the like insults in future ; and for obtaining satisfaction and redress. Ordered, That the above resolution be published in hand bills. JOURNAL OF THE PROVINCIAL CONGRESS. 127 A petition of John Candell, praying to be heard, was read. Ordered, That Col. McDougall be directed to have John Candell, brought to the bar of this House this after- noon, and that the witnesses respecting him do attend at the same time. Ordered, That Abraham De Peyster, of the city of New-York, merchant, have a permit to load the sloop Charity with two hundred bushels of corn, four tons of ship bread, two hogsheads of dried cod, and ten dozen of poultry to the island of Antigua, or some other of the West India islands, subject to such orders, and on having such affidavits made and filed as have in such cases been direct- ed by this Congress. Ordered, That Messrs. Verplanck and Richard Yates, be a committee to consider of the applications of the owners of vessels which are going to sea, and to give them permits agreeable to the resolutions and orders of this Con- gress. Ordered, That Peter T. Curtenius furnish arms for the fourth regiment, as fast as may be conveniently done, and that he forward such a number of arms to Albany for the fourth regiment, as Col. Holmes shall advise to be necessa- ry, as fast as they can be procured. Ordered, That Col. Lasher be requested to furnish a guard of twenty-four men to proceed from New- York to the Highlands, when requested by Messrs. Isaac Sears, Samuel Bavard, William Bedlow, John Berrien and Christopher Miller (commissioners appointed to erect forti- fications on the banks of Hudson's river in the Highlands) or any three or more of them, and to attend upon and be subject to the direction of the said commissioners, who will agree to pay the said guard. A draft of a letter to Jonathan Trumbull, Jr. Esq. was read and filed, and is in the words following, to wit : " In Provincial Congress, ? " Naa-Yorh, .lug. 29th. 1775. $ " Sir — Several companies belonging to the regiments raised in this Colony, refuse marching until they receive their pay ; and as Gen. Schuyler is very pressing for their joining him with all possible expedition, we are confident he will readily excuse your dispensing with forms in order to promote the general service. " We therefore cannot hesitate earnestly to request the favour of you to advance Col. James Holmes six hundred pounds, to enable him to pay his men, that they may im- mediately march according to the pressing requisition of Gen. Schuyler. "I am, sir, your very humble servant. " By order. " To Jonathan Trumbull. Jr. Deputy Paymaster-General of the Conlinental forces." Ordered, That a copy thereof be engrossed, and signed by the President, and delivered to Mr. Trumbull. The Congress adjourned to 4 o'clock P. M. 4 ho. P. M. August 29th, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President pro tern. Ordered, That Col. Lispenard, Mr. Van Zandt and Mr. Roosevelt, be a committee on behalf of this Congress to contract with some merchant or merchants, for fifteen tons of gunpowder, and if gunpowder cannot be obtained, then to contract for the value of fifteen tons of gunpowder in fourteen hundred stand of good arms and in salt petre. or either, that can be had or obtained. And that they have leave to contract for the same, to be paid for at the rate of one hundred per cent on the European invoice, provided the same arrive here before the first day of March next. Messrs. Low, Walton, Lefferts, French, Cortelyou, Richard Lawrence, Richard Yates and Polhemus, dis- sent. A letter from Jonathan Trumbull, Jr. Esq. deputy pay- maste-general, assigning his reasons and excusing himself from advancing any money to pay troops. The report of the committee appointed to consider of the letter of the committee of Brookhaven, of the third inst. and of what is proper to be done with persons whose conduct is inimical to the interests of this Colony, was read and ordered to be postponed for farther consideration. Messrs. Thomas Arden and James Arden, having filed such affidavits taken by them with respect to the sloop Li- berty and her cargo, and is directed by this Congress to be taken by the owners of vessels intended for the West In- dies, and having also sent into Congress and filed such af- fidavit of David Bewes, the master of the said sloop Liber- ty, as in such cases are directed by this Congress to be ta- ken by the master of every such vessel. Ordered, That the sloop Liberty with her cargo now on board be permitted to sail. Mr. William Malcom having delivered in such affidavit taken by him, with respect to the sloop Thistle, and her cargo, as is directed by this Congress to be taken by the I owners of vessels intended for the West Indies ; and also i delivered in such affidavit of Roger Haddock, the master of the said sloop Thistle, as is in such cases directed by | this Congress to be taken by the master of every such vessel, which affidavits are filed. Ordered, That the sloop Thistle with her cargo now on board, be permitted to sail. Messrs. Henry Remsen and John Read of the city of New-York, merchants, having delivered in such affidavits taken by them with respect to the sloop Charlotte, and her cargo, as is directed by this Congress to be taken by the owners of vessels intended for the West Indies ; and also delivered in such affidavit of Nathaniel Harriot, the master of the said sloop Charlotte, as in such cases is directed by this Congress to be taken by the master of every such vessel, which affidavits are filed. Ordered, That the sloop Charlotte, with her cargo now on board, be permitted to sail. The Congress adjourned to 9 o'clock to-morrow morn- DIE MERCURII, 9 ho. a. m. August 30th, 1775. Congress met pursuant to adjournment. No prayers. Present — Nathaniel Woodhull, Esq. President, pro tern. A letter from Walter Livingston, Esq. deputy commis- sioner genera], was read and filed. He assures the Con- gress that the stores he has received have been forwarded without delay. A draft of a letter to the committee of Albany was read and approved of, and is in the words following, to wit : '"'In Provincial Congress,) "New-York, Aug. 30th. 1775. J "Gentlemen — We received your letters of the 11th and 1 7th inst. together with the several enclosed papers. " As White the late sheriff of Tryon county is detained in your jail by process issued out of court, it is the opin- ion of this Congress that he ought not to be removed be- fore he satisfies the demand, or otherwise discharged from actual custody, upon his giving bail to the suit ; when he performs either you will then send him down. " As you are best acquainted with the circumstances of Boon and Clement, we must therefore leave it to your dis- cretion either to acquit or detain them. " Conner was brought down yesterday and he is secured under guard. " We approve the lenient measures you pursued with the Indians who escorted those prisoners in their escape. 128 JOURNAL OF THE PROVINCIAL CONGRESS. Their friendship at this critical conjuncture is become an object of the utmost moment to the Colonies. " We are, gentlemen, your most humble servants, " By order of the Congress. " To Abraham Yates, Jr. Esq. Chairman of the Committee at Albany." Mr. Thomas Smith and Mr. DeLancey dissent from that part of the letter which directs While to be sent down to New- York when discharged. Ordered, That a copy thereof be engrossed and signed by the President pro tempore, and transmitted. Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of this Congress, pay unto Col. James Holmes, the sum of six hundred pounds for the use of his regiment, and take his receipt for the same. A certificate of Dr. John Jones and Dr. Bard, was read and filed. They thereby certify that they have ex- amined Mr. Joseph Marvin, respecting his knowledge in physic and surgery, and find him well qualified for the of- fice of a first mate to a provincial regiment. One mate having heretofore been appointed to each re- giment, Ordered, That Mr. Joseph Marvin be appointed an ad- ditional surgeon's mate to the first regiment of troops raised in this Colony. The Congress then took into consideration the report of the committee appointed to report the ways and means best adapted to discharge the debts of this Congress in the pre- sent exigencies of this Colony. The same was read, and being again read by paragraphs, the first paragraph is in the words following, to wit : " Your committee in obedience to the directions of the Congress, do report, that they are of opinion that the moneys requisite to defray the expense incurred by this Congress ought to be raised by a tax. That at least fifteen thousand pounds is required for that purpose." Which being read, Mr. Gilbert Livingston moved, and was seconded, that the following amendment should be made, viz : that all that part of the report which is from the word moneys to the word purpose, be obliterated, and the following words there inserted, viz : "means requisite to defray the expenses incurred by this Congress and to be incurred by the Colony, be supplied by an emission of fortv-five thousand pounds, to be sunk in manner follow- ing, viz : one- third part the first of March, 1776, one other third part on the first of March, 1777, and the remaining third part on the first of March, 1778." And debates arising on the said amendment and the question being put thereon, it was carried in the affirmative in the manner following, to wit : For the amendment. Jgainst the amendment. Dutchess, 2 Albany, 3 Suffolk, 2 Ulster, 2 Tryon, 2 Richmond, 2 Westchester, 2 — Cumberland, 2 7 Kings, 2 Queens and Orange have no votes — for want of a sufficient number 12 of members. New-V ork equally divided. Resolved, therefore, That that part of the report which is from the word moneys to the word purpose be oblite- rated, and the following words there inserted, viz : " means requisite to defray the expenses incurred by this Con- gress, and to be incurred by the Colony, be supplied by an emission of forty-five thousand pounds, to be sunk in the manner following, viz : one-third part on the first of March, 1776, one otherthird part on the firstof March, 1777, and the remaining third part on the first of March 1778." Dissentients — Messrs. Roosevelt, Verplanck, Walton, Low, Kissam, Lispenard, Richard Yates and De Lancey. Adjourned to 4 o'clock, P. M. 4 ho. P. M. August mth, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President pro tern. Ordered, That Mr. John Hanson be appointed and he is hereby appointed one of the commissioners to erect forti- fications on the banks of Hudson's river, in the High- lands. Ordered, That Peter V. B. Livingston, Esq. pay to the said commissioners or any three or more of them, one hundred pounds to be expended in the necessary business of pre- paring for and erecting the said fortifications on the banks of Hudson's river, in the Highlands. Ordered, That Mr. Peter T. Curtenius be requested to forward to Albany immediately, a sufficient number of tents foi Col. Hinman's regiment at Ticonderoga. Mr. Sears moved and was seconded, that the company of artillery under the command of Capt. John Lamb, should have the same pay as the Rhode Island company of artillery, and debates arising thereon and the question being put, it was carried in the affirmative, in the manner following, to wit : For the affirmative. For the negative. Dutchess, 2 Richmond, 2 Westchester, 2 Albany, 3 Cumberland, 2 Ulster, 2 New- York, 4 Mr. Walton, Thos. Smith ^ and Mr. Kissam, dissent. Kings, Queens and Orange Suffolk, 2 counties could not vote for Tryon, 2 want of a sufficient number — of deputies. 14 Resolved, therefore, That so many of the artillery com- pany under the command of Capt. John Lamb as are now enlisted, shall have the same pay as the Rhode Island company of artillery until the time for which they were enlisted does expire in December next, but no longer ; that the said John Lamb be directed and enjoined, and he is hereby enjoined not to enlist any more men in his com- pany at that rate ; but if he enlist any other man or men than those he has already enlisted, that they shall have or be entitled to such pay only as is agreeable to the ar- rangement of pay established by the Continental Con- gress. The Congress then proceeded to hear the residue of the report of the committee of ways and means to dis- charge the debts of this Congress in the present exigencies of this Colony. After some time spent therein, Ordered, That the residue of the said report be com- mitted, and that Mr. Scott, Col. Hoffman, Mr. Gilbert Livingston and Mr. Tredwell be a committee for that pur- pose, and that they report thereon with all convenient speed. The Congress adjourned to 9 o'clock to-morrow morning. DIE JOVIS, 9 HO. A. M. August Zlst, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President pro tern. A letter from Benjamin Franklin of 26th August, was read and filed. He thereby informs that the committee at Philadelphia have at the request of this Congress, sent them a ton of powder which is forwarded. A letter from Benjamin Franklin, Esq dated at Perth Amboy, 29th inst. was read and filed. He thereby in- forms that having information at Brunswick that powder had arrived and passed through that place for this Colony, he had countermanded the powder and sent it back. Ordered, That Col. McDougall have leave to agree with Thomas Oakes, Jr. a tinman, on the best terms he can, to proceed to Ticonderoga, to be employed there in the army under the command of Gen. Schuyler; and that Col. McDougall also have leave to purchase such tin and other materials as he shall think necessary to send, and forward the same to Ticonderoga. Ordered, That Capt. Patrick Sinclair be at liberty to go to Lloyd's Neck in Queens county on Nassau Island, JOURNAL OF THE PROVINCIAL CONGRESS. 129 at his pleasure, in addition to his former limits in Suffolk county, on his former promise parol on his honor pledged and given to this Congress. Messrs. Leonard Lispenard, Isaac Roosevelt and Ja- cobus Van Zandt brought into Congress a contract by them made on behalf of this Congress with Joseph Hal- lett, Jr. for the importing of fifteen tons of gunpowder and 1400 stand of arms, and for any quantity of saltpetre which he may import in lieu of the said gunpowder. The said contract was read and approved of and ordered to be filed. The examination of Jacobus Stouienburgh, Jr. a mes- senger from Dutchess county, with relation to Peter Dop and his sloop, was taken and filed. Ordered, That Col. Lasher be directed to furnish a suf- ficient detachment of his battalion to take and seize the sloop and people on board, which is charged with having supplied necessaries for the use of the army and navy, and now lying at anchor near the Asia ship of war. Ordered farther, That Col. Lasher use his discretion with respect to the mode, time and place of seizing the said sloop ; and that the said sloop when seized, be taken to some secure place up the river, and stripped of her sails, rudder, &c. and that such persons as shall be found on board, be immediately brought to this Congress by land. The Congress then proceeded to consider of the report of the committee appointed to consider of the letter from the committee of Brookhaven of the 3d inst. and of what is proper to be done with persons whose conduct is inimi- cal to the interests of this Colony ; and after having pro- ceeded to hear and amend the preamble, and the first pa- ragraph, which was changed into two paragraphs, and after some time spent therein, it is deferred for further conside- ration. John Candell was brought to the bar of the Congress from the guard room at the upper barracks. The following persons were examined as witnesses against the said John Candell, in his presence, to wit : John Johnson, James Moore, David Dixon, Cornelius I. Bogert, Allen Rodgers, Uzal Meeker. The examinations of those persons were filed, and John Candell ordered to be confined until the House meet this afternoon. The Congress adjourned to 4 o'clock this afternoon. Die Jovis, 4 ho. P. M. Aug. 31, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President pro tern. A letter from Abraham Lott, Esq. agent-victualler for His Majesty's ships in this port, was read and filed ; also an account of provisions supplied the ship Asia with, be- tween the 27th of July and the 2d of August ; also an account of provisions required for the use of the said ship. The Congress resumed the consideration of the testi- mony of the witnesses against John Candell. And there- upon, Ordered, That the said John Candell be taken back to the barracks and there kept under guard until the further order of this Congress. Messrs. Walton, French, Cortel- you and Lawrence dissenting. Ordered, That Abraham Lott, Esq. agent for victual- ling His Majesty's ships, be requested to attend this Con- gress to-morrow morning, and also to furnish this Congress with an estimate of the quantity of provisions the ship Asia will require per week, and the number of men on board. Ordered, That Capt. Patrick Dennis and Mr. Anthony Griffiths be requested to go to the house of Linton, the innkeeper, at the sign of the Blue Bell in this city, to search for the baggage of Alexander Bell ; and that at their discretion, they search the house of the said Linton ; that they retain such papers as they shall find and think necessary ; and that they report to this Congress to-mor- row morning. 33 Linus King, Thomas Marston and Hamilton Young filed affidavits with respect to the brig Polly, bound to the West Indies, and also a list of her cargo, as is directed ; also an affidavit of Bernard McDavit, the master of the said brig Polly, as is directed by this Congress to be taken by the master. Ordered, That the brig Polly with her cargo now on board, be permitted to sail. Archibald Mercer, filed a like affidavit as owner of the sloop Greyhound, bound to Curracoa, with a list of her cargo ; also the affidavit of William Montanye, master of said sloop Greyhound, as directed and required by this Congress. Ordered, That the said sloop Greyhound with her cargo now on board, be permitted to sail. Samuel Burling filed an affirmation respecting the sloop Joseph, bound to Providence, in Rhode-Island, with flour ; also an affidavit of Benjamin Lindsay, master of the said sloop Joseph, as required and directed by this Congress. Ordered, That the said sloop Joseph with her cargo now on board, be permitted to sail. John Murray filed such affidavit as owner of the ship Peggy, bound to Falmouth and laden with wheat, as is re- quired to be taken by an owner. The Congress adjourned to 9 o'clock to-morrow morning. DIE VENERIS, 9 ho. a. m. September 1st, 1775. The Congress met pursuant to adjournment. No prayers. Present — Nathaniel Woodhull, Esq. President pro tern. Ordered, That Gabriel W. Ludlow be requested and empowered to deal out the powder lately received in this city, according to the directions of this Congress or the Committee of Safety, and to keep accounts of the distri- bution thereof. An estimate or account from Abraham Lott, Esq. agent- victualler for His Majesty's ships in this port, was read ; and Abraham Lott, Esq. being so indisposed as to be con- fined to his house, by one of the Secretaries, requested a conference with some member or members of this Con- gress. Ordered, That Mr. Clarkson, Mr. Walton and Mr. Sears, be a committee to confer with Abraham Lott, Esq. and also to report to this Congress on the letter of Abra- ham Lott, Esq. requesting to permit the ship Asia's boats to get beer and water at Brooklyn ; and also on the quan- tities of provisions proper to be supplied to the said ship. Ordered, That Col. McDougall have one hundred weight of gunpowder for the use of the troops under his command ; and that Mr. Gabriel W. Ludlow be requested to let the same be delivered to him. Ordered, That Alexander Bell and his examination, and the notes or memorandums found on Bell, be delivered over to the city committee, and that the chairman or de- puty chairman of the committee be informed that the said Alexander Bell is confined in the barracks. The committee appointed to confer with Abraham Lott, Esq. agent for victualling His Majesty's ships, reported that they had conferred with him, and are of the opinion that the best method of supplying the said ship with beer and water, is to let her be supplied from Brooklyn ferry, with beer and water as usual ; and that she be supplied with provisions weekly, agreeable to the order of this Congress. Resolved, therefore, That the said ship have leave to be supplied with beer and water from Brooklyn ferry as usual ; and that they be supplied with provisions weekly, agreeable to the former resolution of this House. Whereas, Gen. Schuyler, by his letter to this Con- gress, of the 23d ult. has declined to nominate any field 130 JOURNAL OF THE PROVINCIAL CONGRESS. officer or officers to the regiment of Green Mountain Boys, the Congress took into consideration the appointment of such field officers. Debates arising thereon, the question was put, whether the Congress will now proceed to nominate the field offi- cers for the regiment of Green Mountain Boys, or defer that nomination until the men are raised, or farther infor- mation obtained ? and it was carried in the affirmative, that Congress will now proceed to nominate the said officers in manner following : For the affirmative. For the negative. Suffolk, 2 Richmond, 2 Dutchess, 2 Ulster, 2 Cumberland, 2 Kings, 2 Albany, 3 — Tryon, 2 6 Westchester, 2 New- York and Queens coun- Orange, 2 ty have not votes for want — of a sufficient number of 15 members present. Resolved, therefore, That this Congress will now pro- ceed to nominate and appoint field officers for the said re- giment of Green Mountain Boys. Dissentients — Mr. Richard Yates, Mr. Walton, Mr. Kissam, Mr. Low and Mr. Verplanck. And Resolved, That Seth Warner be appointed lieute- nant-colonel of the said regiment of Green Mountain Boys, Dissentients — Mr. Walton, Mr. Roosevelt, Mr. Kissam, Mr. Low and Mr. Verplanck. And Resolved, That Samuel Safford be appointed ma- jor of the said regiment. Dissentients — Mr. Walton, Mr. Roosevelt, Mr. Kis- sam and Mr. Low. Resolved and Ordered, That P. V. B. Livingston, Esq. as Treasurer of this Congress, pay to Peter T. Curtenius, the further sum of five thousand pounds, to be applied to- ward discharging the debts contracted by purchasing pro- visions, military stores, and other necessaries, in obedi- ence to the orders of this Congress ; and that Mr. Living- ston take Mr. Curtenius', receipt for the same, on account. Ordered, That John Berrien be commissary for the agenls for building the fortifications in the Highlands, and such persons as they shall employ. The Congress adjourned to 4 o'clock, P. M. 4 ho. P. M. September Isty 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President pro tern. A letter from Col. Goose Van Schaick, dated the 29th August, was read and filed, and is in the words following, to wit : "Albany, August 29th, 1775. " Gentlemen — I am at present stationed in Albany by Gen. Schuyler to forward the troops that arrive here, to Ti- conderoga, and it gives me pain to inform you that Col. Clinton arrived here with the other field officers and six companies of his battalion, five of which are armed, but in bad repair. They have been supplied with blankets at this place — other necessaries are wanted. " Col. Van Cortlandt is also arrived here with five com- panies of Holmes' battalion, who have not arms sufficient to supply one company, and are totally destitute of all other tents, accoutrements and necessaries, saving their regimental coats. We shall endeavour to procure as ma- ny stand of arms as possible, upon terms of the resolve published by you ; but am very well persuaded that the number will greatly fall short of the number wanted to supply the companies that are now here and those expect- ed. " As Gen. Schuyler is returned to Ticonderoga, this matter I conceive, comes within my province ; and I should ever accuse myself of inhumanity and a want of love to my country, should 1 be backward in giving you a true account of the situation and distress of these compa- nies, when I consider how much they are wanted at the forts above. I therefore look up to you, and beg that you will, without delay, send up such or so many arms, tents, blankets and other necessaries as will supply those com- panies, so that they may be forwarded with the greatest despatch. " I must also inform you, the men are much discontent- ed for want of their pay, and do assure you that the ser- vice greatly suffers. There is scarce any thing to be heard in the camp but mutinies. I have for that purpose, wrote to Mr. Jonathan Trumbull, Jr. who, I am informed, is ap- pointed deputy-paymaster-general, which letter I enclose you, as I do not know where he is at present. I beg, therefore, that you will forward it to him by express. " I am very happy, however, to inform you that, not- withstanding the clamours and discontent of my men at first, there is at present nine of my companies up at Ti- conderoga, with the other two field officers in actual ser- vice, and the last will march to-morrow. " I am, gentlemen, " Your most obedient " Humble servant, " GOOSE VAN SCHAICK." A letter from Henry Livingston, Jr. major of the third regiment, was read and filed, and is in the words follow- ing, to wit : " Albany, August 29th, 1775. "Sir — I am desired by Col. Clinton to inform you that he arrived here last Saturday, and has now with him six companies, encamped about a mile out of town — that there are guns enough to equip about three companies — that there are two companies beside that have arms, but want some repairs ; and as there are not armourers sufficient at Ticonderoga, must wait here 'till they can be repaired. That there is great want of officers' tents, there being here only sufficient for 2 companies, and 1 tent for the lieuten- ant-colonel. Of soldiers' tents for our regiment there is a sufficiency, (but no more than barely for our 7 companies.) That the soldiers murmur much for want of pay, and are very unwilling to march from here without it. That the medicine chest is not yet arrived, or a surgeon, and that drums and fifes are wanting. However, 3 companies will be equipped with all speed, and sent off immediately. " I am, sir, " Your very humble servant, "HENRY LIVINGSTON, Jr. " To Hon. Peter Van Brugh Livingston." It being represented to this Congress, that Barnabas Tuthill, major of the fourth regiment of troops now rais- ed in this Colony, and Job Mulford, adjutant of the said regiment, are both in this city, and unable to proceed to- Ticonderoga, for want of money to defray their expenses : Resolved and Ordered, That Peter Van Brugh Living- ston, Esq. as Treasurer of this Congress, pay to major Barnabas Tuthill, twenty-six pounds, thirteen shillings and four pence, for his pay for two months, to enable him to proceed to Ticonderoga to join the army under the com- mand of Gen. Schuyler. And that the said Peter Van Brugh Livingston, pay to the said major Barnabas Tuthill, the further sum of fourteen pounds, thirteen shillings and four pence, on account, as two months pay for Job Mulford, the adjutant of the said fourth regiment, to enable him to join the army at Ticonderoga. And that Mr. Livingston take major Tuthill's receipt for those two sums, amounting to- gether to the sum of forty-one pounds, six shillings and eight pence, on account of pay. And Ordered, That Maj. Barnabas Tuthill do without delay, give information in writing of the money by him received by the virtue of this order, both to Col. James Holmes, of the fourth regiment, and to Jonathan Trumbull, Jun. Esq. deputy-paymaster-general. Resolved, That no person other than the deputy post- master, appointed by the Continental Congress, or the de- JOURNAL OF THE PROVINCIAL CONGRESS. 131 puties that shall be appointed by them, or the Post-Master General, shall demand any postage for, or receive any let- ters in this Colony with intent to receive pay for the same, (such letters which shall or may arrive by the packet from Great Britain excepted.) And the several committees of this Colony are hereby directed to cause this resolution to be faithfully observed. Mr. Walton and Mr. Kissam dissent. Ordered, That the foregoing resolution be published. A draft of a letter to Maj. Gen. Schuyler, was read and approved of, and is in the words following, to wit : " Sir — We have the honour to acknowledge the receipt of your letters of the 19th, 20th and 23d ult. and are to observe in answer to them, that the difficulty of procuring arms obliged us to adopt the mode we have done, as the best and only expedient for an immediate supply. Nor have we been inattentive to what you recommend, having taken every means in our power to encourage the manu- facturing of arms in this Colony ; and we shall not fail in future to attend duly to an object of so much importance. We are to inform you that from the peculiar situation Mr. Duer is in respecting some of his private affairs, (which were communicated to a secret committee,) the Congress thought it rather proper that he should decline the appoint- ment, and have appointed Col. Flemming in his stead, who we hope will be acceptable to you, and who will proceed to join you as soon as possible. " Enclosed is a copy of our military arrangement, which you request. As to what you mention with respect to Ti- conderoga's being the place to be kept, we know not what directions to give you on that head, and must therefore leave you upon the general orders you have from the Con- tinental Congress, and the exigency of the case, to deter- mine what is proper as to that matter. " We are happy to find from your intelligence that affairs in Canada wear so favourable an aspect, and in far- ther confirmation of it, we enclose the copy of an exami- nation of a person lately returned from Quebec, as we think it of importance to apprize you of this information. " A sufficient quantity of cartridge paper has been for- warded. The order for artillery stores Mr. Curtenius says was so general, that he did not know what particulars nor of what sizes to send, but supposes that Mr. Van Rensse- laer procured what was necessary. We are endeavouring to procure blankets for the troops, that article being difficult to be got. As to the Green Mountain Boys, we see no method for our supplying them with arms or blankets. We have ordered 250 coats, and would be glad to know what progress the Green Mountain Boys have made in their enlistment. " Since you decline appointing the field officers the Con- gress have taken it upon themselves, and determined upon the best information they can get. "When we first wrote you concerning the hospital, Mr. Lewis had not informed us of the determination of the Continental Congress ; we therefore thought that matter to be without our department, and declined giving any di- rections about it. And although in a subsequent letter to you we expressed our approbation of the measure, yet we submitted the expediency of it entirely to your own discre- tion and judgment. " As to the artillery department, we are obliged to rely on Capt. Lamb ; not being able to procure any person who we think better qualified, he will march with his company in a day or two. " We have been a good deal embarrassed with the troops, they having refused to march without their pay We applied to Mr. Trumbull, the paymaster, to advance a sufficient sum for the purpose, but thought he could not do it consistent with the orders he had from you. The money we have been and shall be obliged to advance for the pay and subsistence of the troops, we think will amount to £10,000. We must beg, sir, that you will give us an order on the Continental Congress for that sum, to reim- burse us, which we will duly account for to you or the paymaster, as you shall direct. The following articles were sent to you about the latter end of July : 3 quarter- casks Madeira wine ; 1 hhd. claret; 4 barrels oatmeal; 3 kegs of raisins, and 12 kegs of barley : 4 barrels of vinegar were sent a few days ago. We fear they have been de- layed on the way. " Some bullet moulds will be sent you by Capt. Goforth. They would have been sent sooner had not the commissary been obliged to get them made here ; the rest will be for- warded as soon as they are finished. We have lost no time in getting tents made of all the materials that could be procured for that purpose. We have forwarded such as are done, and will send the others as soon as complete. There will be tents enough for our four regiments, and Col. Hinman's, but we have not yet materials for tents for the Green Mountain Boys, but think we shall soon be able to supply them. " We are, sir, your most obedient " And very humble servants. "New-York, 1st Sept. 1775." Ordered, That a copy thereof be engrossed, and signed by the President pro tempore, and transmitted by the mes- senger from Albany. A draft of a letter to Col. Goose Van Schaick, of the third regiment, was read and approved, and is in the words following, to wit : " Is Provincial Congress, > " New-York, Sept. 1st, 1775. I " Sir — We received your letter by express, dated the 29th ult. We have given the necessary orders in this city to collect all the arms that can be got, but we are sorry to inform you that there is no probability of receiving a sup- ply sufficient to answer immediately the demand of the companies of the 3d and 4th regiments now at Albany. No other expedient, therefore, remains to obtain a sufficient quantity than by endeavouring to purchase or hire them. " Mr. Curtenius informs us that all the necessaries for those companies are sent, or will be sent by the first op- portunity. He will also forward to-morrow, by Capt. Cooper, for Albany, most of the other necessary accoutre- ments for Col. Holmes' companies now with you, arms excepted. " Your letter directed to Mr. Trumbull we have deliver- ed to him, and you will receive his answer by this oppor- tunity. If Gen. Schuyler has left no directions to Mr. Trumbull to pay the men at Albany, it may be necessary for you to send an express to Ticonderoga in order to pro- cure such an order by the time he comes up, as it is probable he will not conceive himself authorized to pay them without such an order. " To Col. Goose Van Schaick, at Albany." Ordered, That a copy thereof be engrossed, and signed by the President pro tempore, and transmitted by the mes- senger from Albany. The Congress then resumed the consideration of the re- port of the committee appointed to report on the letter of the 3d inst. from the committee of Brookhaven, and what is proper to be done with persons whose conduct is inimical to this country ; which report being corrected and amended, was adopted as follows, to wit : Whereas attempts may be made to promote discord among the inhabitants of this Colony, and to assist and aid the ministerial army and navy in their endeavours to carry into execution the cruel and oppressive acts of parliament against the rights and liberties of the inhabitants of this Continent : And as the immutable laws of self-defence and preservation, justify every reasonable measure entered into to counteract or frustrate such attempts : Therefore, Resolved, That if any person or persons shall be found guilty, before the committee of any city or county, of at- tempting, (after the date of this resolution,) to furnish the ministerial army or navy with provisions or other necessa- ries, contrary to the resolutions of the Continental or of this 132 JOURNAL OF THE PROVINCIAL CONGRESS Congress ; or of holding a correspondence, by letter or otherwise, for the purpose of giving information to the said army or navy of the measures pursued by the United Co- lonies, or any of them ; or of advising expedients which the said army or navy might or ought to pursue against the said Colonies or any of them, such person or persons, so found guilty, shall be punished at the discretion of the committee before whom he or they shall be so found guilty, or at the discretion of the Congress or Committee of Safety of this Colony, so as the punishment by them, at their dis- cretion inflicted, shall not exceed three months imprison- ment or other the punishments hereinafter mentioned, for the first offence. Resolved, That if any person or persons shall be found guilty before the committee of any city or county in this Colony of having furnished the ministerial army or navy, (after the date of this resolution,) with provisions or other necessaries, contrary to any resolution of the Continental or of this Congress, such person or persons, so found guilty thereof upon due proof thereof, shall be disarmed, and for- feit double the value of the provisions or other necessaries so furnished, to be applied to the public exigencies of this Colony, in such manner as the Congress or Committee of Safety of this Colony for the time being, shall order and direct. And that such person or persons, so found guilty, shall be put into, and detained in close confinement, at his or their own expense and charge, until three months after he or they, respectively, shall have paid such forfeiture. And that every such person or persons, who shall be found guilty of a second offence of the same kind, shall be ba- nished from this Colony for the term of seven years from the time of such second conviction. Although this Congress have a tender regard to the freedom of speech, the rights of conscience, and personal liberty, as far as an indulgence in these particulars may be consistent with our general security ; yet, for the public safety, be it Resolved, That if any person or persons shall hereafter oppose or deny the authority of the Continental or of this Congress, or the Committee of Safety, or the committees of the respective counties, cities, towns, manors, precincts or districts in this Colony, or dissuade any person or per- sons from obeying the recommendations of the Continental or this Congress, or the Committee of Safety, or the com- mittees aforesaid, and be thereof convicted before the com- mittee of the county, or any thirteen or more of their num- ber, who shall or may meet upon a general call of the chair- man of such committee where such person or persons may reside, that such committee shall cause such offenders to be disarmed ; and for the second offence they shall be com- mitted to close confinement, at their respective expense. And in case any of the said committees are unable to carry this or any resolution into execution, they are hereby di- rected to apply to the next county committee or command- ing officer of the militia, or to the Congress or the Com- mittee of Safety of this Colony, for necessary assistance, as the case may require. But if it shall so happen that any violators of this resolution shall reside in a county where there is no committee of the county, in that case the mat- ter shall be triable before the committee of the next coun- ty : provided that no person shall be tried before the gene- ral committee of the city and county of New-York, upon the resolutions herein contained, unless the stated quorum be present ; and in the city and county of Albany, unless there are present twenty-five members. Resolved farther, That the respective committees, and the militia of the several counties by order of the respec- tive committees, or of the commissioned officer of the mi- litia then nearest, are hereby expressly enjoined to appre- hend every inhabitant or resident of this Colony, who now is or shall hereafter be discovered to be enlisted or in arms against the liberties of America ; and to confine such of- fender or offenders in safe custody : and his or their pu- nishment is reserved to the determination of this or some future Provincial Congress. And the committee nearest to any person who shall be so enlisted, or have taken up arms against the liberties of America are hereby directed to appoint some discreet person to lake the charge of the estate, both real and personal, of any such person or per- sons ; which person so appointed shall be invested with such estate, and render on oath a just and true account thereof to this or some future Congress, or to commis- sioners by them to be appointed, and pay the issues and profits thereof to the Treasurer appointed by this Con- gress for the use of the associated Colonies. Resolved, That if any person be taken up on suspicion of any of the crimes in the above resolutions specified, he shall immediately be taken before the committee of the city, town, manor, precinct or district where the offender shall have been taken up ; and if upon examination the suspicion shall appear to the said committee to be ground- less, that he be discharged : provided also that no person charged to be an offender shall be tried upon any of the foregoing resolves until the persons to be judges of the of- fence be first severally sworn, to try and adjudge the per- son so charged without partiality, favour or affection or hope of reward, according to evidence ; and that every witness who shall be examined on such trial shall have the charge distinctly and clearly stated to him, and be thereupon sworn to speak the truth, the whole truth and nothing but the truth. The Congress adjourned to 9 o'clock to-morrow morning. DIE SABBATI, 9 ho. a. m. September 2d, 1775. The Congress met pursuant to adjournment. No prayers. Present — Nathaniel Woodhull, Esq. President pro tern. Messrs. Lispenard, Roosevelt, Beekman, Verplanck, Sears, Mc- Dougall, Yates, Kissam, Brasher, Low, Clarkson,* Van Zandt — New- York. Messrs. Yates, Cuyler, Ten Broeck, Rensselaer — Albany. Messrs. Livingston, Smith, Sackett, Hoffman — Dutchess. Messrs. Dumond, Hornbeck — Ulster. Messrs. Pye, Tusteen, Allison, Haring — Orange. Messrs. Woodhull, Tredwell, Wickham— Suffolk. Messrs. Morris,* Lewis Graham, Ward, Thomas, Paulding — West- Chester. Messrs. Williams,* Remsen, Polhemus, Leffertse,* Covenhoven,* Van Derbilt,* — Kings. Messrs. Cortelyou, Conner, Lawrence — Richmond. Messrs. Lawrence,* French, Robinson* — Queens. Mr. Marlett— Tryon. Mr. Williams — Cumberland. Ordered, That Mr. Samuel Verplanck advance to John Mason, a soldier taken prisoner at Ticonderoga and now on his way to Philadelphia with his wife and two children, the sum of twenty-four shillings, and bring in an account to the Treasurer of this Congress for payment of the same. The said John Mason and his family having permission to proceed to Philadelphia from Ezekiel Williams, Samuel Wadsworth and Epaphrus Bull, the committee at Hart- ford, as appears by their certificate now produced, and dated the 24th ult. Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of this Colony, pay to Col. Alexander McDou- gall the sum of five hundred pounds to be by him applied towards paying the first regiment ; and that Mr. Livingston take Col. McDougall's receipt for the same, on account of the pay of the first regiment. A letter from David Burger, in Partition street, New- York, of the 1st inst. complaining of sundry persons in Richmond county, who have supplied a transport now here with live stock. Ordered, That the letter be delivered to the Richmond county members, to make inquiry on that subject. * These members were not present in the afternoon session. JOURNAL OF THE PROVINCIAL CONGRESS. 133 Ordered, That Joseph Robinson of Jamaica, on Nassau island have leave to receive one hundred weight of gun- powder, on paying the cash for the same to Gabriel W. Lud- low, or his order; and the said Gabriel W. Ludlow is hereby requested to deliver the same accordingly. Mr. Gilbert Livingston, from the committee appoint- ed on Wednesday last to reconsider and report on the resi- due of the report of the committee of ways and means, delivered in the said report, with their amendments, which was read, and the same being again read by paragraphs, the preamble was read and approved of, and is in the words following, to wit : " Whereas, an heavy expense has accrued on the cre- dit of this Colony, and the same is likely to increase in our important struggle for the defence of our rights and privi- leges against tyranny and oppression, and as a large sum of money is immediately wanted to answer the above im- portant purposes, The first paragraph which was agreed to on Wednesday the 30th ult. was again read, and is in the words following, to wit : " Resolved, I. That the means requisite to defray the expenses incurred by this Congress, and to be incurred by the Colony, be supplied by an emission of one hundred and twelve thousand five hundred dollars, (amounting to the sum of forty-five thousand pounds, New-York currency,) to be sunk in the manner following, viz : 56,250 dollars, or one half, the first day of March, 1776 ; and the remain- ing half part the first day of March, 1777. The same being read and approved of, Resolved, That the Congress does agree with their com- mittee in their said resolution. The second paragraph being then read and amended, is in the words following, to wit : " Resolved, II. That bills of credit to the amount of 112,500 be immediately printed, as follows, viz : 5,000 bills of 10 dollars each is 50,000 dollars. 5,000 5,000 5,000 10,000 5,000 25,000 15,000 10,000 10,000 2,500 112,500 Upon the face of each of which bills shall be impressed the arms of the city of New-York, together with such other devices as the committee appointed for that purpose shall direct ; and the said bills shall be in form following : " ' This bill shall pass current in all payments in this Colony for Spanish milled dollars, or the value thereof in gold or silver, according to the resolution of the Provin- cial Congress of New- York, the second day of September 1775.' " Which bills shall be numbered by Theodoras Van Wyck, Robert Ray, Evert Bancker, John Broome, Elea- zer Miller, William Denning, John Sebring, John Reade, Jeremiah Brewer, Thomas Tucker, Abraham Brinckerhoff, Garrit Abeel, Anthony L. Bleecker, Abraham Livingston and William Mercey, and signed by any three of them. The said signers respectively to deliver said bills to the Treasurer appointed by this Congress, as soon as finished." Resolved, That this Congress does agree with their committee in the said resolution. The third paragraph being then read, is in the words following, to wit : " Resolved, III. That the said signers or any three of them are hereby directed and required, upon the delivery of the said bills to them by the printer of the same, to cause to be administered to him by a magistrate, the following oath, viz : " 'I, A. B. do declare, that from the time that the letters were set and fit to be put in the press, for printing the bills of credit now by me delivered to you, until the bills were printed, and the letters afterwards distributed into the boxes, I went at no time out of the room in which the said 34 letters were without locking them up, so that they could not be come at without violence, or a false key, or other art, unknown to me ; and therefore, to the best of my knowledge, no copies were printed off but in my presence ; and that all the blotters and other papers whatsoever, im- pressed by the said letters, whilst set for printing the said bills, to the best of my knowledge, are here delivered to you, together with the stamps ; and in all things relating to this affair I have demeaned myself honestly and faith- fully, according to the best of my knowledge and under- standing : So help me God.' " Resolved, That this Congress does agree with their committee in the said resolution. The fourth paragraph being then read, is in the words following, to wit : " Resolved, IV. That if any more of the said bills are printed than is hereby directed, when the above mentioned signers, or any three of them, have signed the number hereby directed to be issued, they shall immediately burn and destroy all the remainder." Resolved, That this Congress does agree with their committee in the said fourth paragraph. The fifth paragraph being then read, is in the words following, to wit : " Resolved, V. That , or such other person as the major part of said signers of the said bills of credit shall agree with, shall engrave so many stamps for the said bills, with such devices, and so many stamps for the arms of the city of New-York, as the majority of the said signers shall direct, which engraver shall take the follow- ing oath, to wit : " ' I, A. B. do declare that I have not engraved more plates than I deliver to the Treasurer, as directed by the Provincial Congress of New- York, of the like kind or in imitation of the same ; neither have I kept copies and drafts of the said plates ; neither will I engrave more of the like kind without the orders of this or some future Congress, or House of Assembly :' " and shall deliver them to the Treasurer of this Congress, who shall, in the presence of the majority of the said signers, deliver them unto John Holt, printer, or such other printer as shall be directed by this Congress or the Committee of Safety, and take his receipt for the same. And when the said John Holt, or such other prin- ter as shall be employed, has finished and completed the printing the quantity and sorts of bills hereby directed to be struck and issued, he shall redeliver the said stamps to the said signers and Treasurer, who are hereby directed and required to seal them up with their several seals, and they are so to remain with the said Treasurer until further order of this or some future Provincial Congress ; the re- ceipt of the said Treasurer to the said John Holt, or such other printer shall be a sufficient voucher for such re- delivery." Resolved, That this Congress does agree with their said committee in the said fifth resolution. The sixth paragraph being then read, is in the words following, to wit : " Resolved, VI. That before the said signers do re- ceive any of the said bills, they shall each of them take an oath or affirmation, before a proper magistrate, well and truly to perform what is hereby required as their duty; and that they will knowingly sign no more of the said bills of credit than is above directed." Resolved, That this Congress does agree with their committee in the said sixth resolution. The seventh paragraph being then read, is in the words following, to wit : " Resolved, VII. That the said Treasurer shall pay out of the said bills of credit all such sums of money as shall be ordered by this Congress, and all such accounts as shall have been audited and approved by the committee for that purpose by the same Congress appointed or to be ap- pointed." 134 JOURNAL OF THE PROVINCIAL CONGRESS. Resolved, That this Congress does agree with their committee in the said seventh resolution. The eighth paragraph being then read, is in the words following, to wit : " Resolved, VIII. That the said sums of 56,250 dollars hereby directed to be sunk on the days and times before mentioned, shall be raised, levied and paid by the free- holders, inhabitants and residents in the several and re- spective cities and counties within this Colony, at or within the two several periods before mentioned, according to the quotas and proportions following : that is to say, City and county of New-York. . Ulster, City and county of Albany,. . . . Dutchess, Kings, Orange, Queens, Tryon, SufTolk, Cumberland, Richmond, Gloucester, Westchester, Charlotte, (The quotas referred till the Congress meet after the adjournment.") Resolved, That this Congress agrees with their com- mittee in the said eighth resolution. And Agreed and Ordered, That that part of the eighth reso- lution which respects the quotas of the respective counties shall remain to be determined when this Congress meets again. The ninth paragraph being read, is in the words follow- ing, to wit : " Resolved, IX. That the committees of the several cities, towns, manors, precincts and districts do respect- ively appoint two or more assessors and one or more col- lectors." Resolved, That this Congress does agree with their committee in the said ninth resolution. The tenth paragraph being then read, is in the words following, to wit : " Resolved, X. That the county committees be consi- dered as supervisors according to the police of the city, county, town, district or precinct in which they have been chosen ; and that they, with the assessors, under oath, and collectors, do proceed to assess, raise and collect their re- spective quotas, in the method which in each respective county has heretofore been practised." Resolved, That this Congress does agree with their committee in the said tenth resolution. The eleventh paragraph being then read, is in the words following, to wit : " Resolved, XI. That if any person or persons, so rated as aforesaid, shall refuse, delay or neglect to pay the said rate, that the said collectors be authorized to collect and levy the same by distress upon the goods and chattels of the defaulters, as heretofore practised." Resolved, That this Congress does agree with their committee in the said eleventh resolution. The twelfth paragraph of the said report being then read, is in the words following, to wit : " Resolved, XII. That the respective general county committees do appoint a county treasurer, into whose hands the respective collectors be enjoined and required to pay the money collected in each county by a certain day, preceding the first day of March then next ensuing ; which said county treasurer shall forthwith transmit the money by him received to the Colony Treasurer, appointed for that purpose by this Congress. That the several county committees shall regulate the fees of the respective county treasurers and their collectors; the treasurers' fees not to exceed three pence, and the collectors' not to exceed six pence on the pound, for the respective sums by each of them received, paid and collected ; such fees to be added to the quotas of the respective counties." Resolved, That this Congress docs agree with their committee in the said twelfth resolution. The thirteenth paragraph being then read, is in the words following, to wit : " Resolved, XIII. That the moneys to be paid into the hands of the Treasurer, by virtue of the above resolu- tions, shall be by him applied to sinking the moneys above mentioned at the times herein above particularly speci- fied." Resolved, That this Congress does agree with their committee in the said thirteenth resolution. The fourteenth paragraph being then read, is in the words following, to wit : "Resolved, XIV. That in such counties where commit- tees have not already, or shall not be appointed by the first day of November next, for the purpose of choosing per- sons they can confide in for apportioning the quotas and rates and choosing or appointing collectors, this Con- gress will take proper measures for rating and collecting such taxes. " And also if there be any district or districts in any coun- ty that have not chosen committees, where notwithstanding the majority of the districts have chosen committees — in such case the county committee are to proceed in regard to such delinquent district or districts in like manner as if said district or districts were actually represented in said county committee, — the assessors of the remaining dis- tricts to assess the inhabitants of such delinquent district or districts, according to the best of their skill and under- standing. The county committees in such case to choose a collector for such precinct or precincts, who is hereby fully empowered to execute his office as effectually as any other collector herein before directed to be chosen. "Which is humbly submitted. "GILBERT LIVINGSTON, "Chairman of the Committee" Resolved, That this Congress does agree with their committee in their said fourteenth resolution. The Congress adjourned till 4 o'clock P. M. 4 ho. P. M. Sept. 2d, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President, pro tern. Resolved, and Ordered, That Peter V. B. Livingston, Esq. as Treasurer of this Congress, do pay to Col. Alexan- der McDougall, one thousand and six pounds eleven shil- lings and a penny, to repay the like sum by him borrowed of Mr. John Broome, to advance to the first regiment as part of their pay, and that Mr. Livingston take CoJ. Mc- Dougall's receipt for the same. And, Resolved, That the thanks of this Congress are due to and are hereby given to Mr. John Broome, for his zeal in the common cause, evinced by lending without interest, a large sum of money for the public service. And order- ed that one of the Secretaries deliver a copy of this resolu- tion to Mr. Broome. Resolved, That it is the sense of this Congress that Abraham Ten Broeck, David Clarkson and Egbert Du- mond, Esqs. do respectively refuse to pay or discharge the moneys they have respectively become bound for, to Abra- ham Lott, Esq. the Treasurer of this Colony, for cash or orders for cash, which have been applied for the public exigencies of this Colony, until the further order of this Congress or the Committee of Safetv. Resolved and Ordered, That two hundred watch coats be provided for the use of the sentinels of the regi- ments of this Colony, and that Mr. Peter T. Curtenius be desired to provide the same immediately. And, Resolved, That it is the sense of this Congress, that the expense of these watch coats ought to be a Conti- nental charge, and that the Continental Congress be here- after informed by the Committee of Safety, that these watch coats are provided, and that this Congress conceives that the expense thereof ought to be a Continental charge. Egbert Dumond, Esq. delivered in a list of the field and staff officers of four regiments of the militia in Ulster county, which was read and filed ; and is in the words fol- lowing, to wit : JOURNAL OF THE PROVINCIAL CONGRESS. 135 A list of the field officers for the county of Ulster, viz : Col. Johannes Hardenbergh, Lieut. Col. Abraham Has- brouck, Maj. Johannes Snyder, Maj. Jonathan Elmen- dorf, Adjt. Petrus J. Elmendorf, Quarter-Master Abra- ham A. Hasbrouck. Col. James Clinton, Lieut. Col. James Claughry, Maj. Jacob Newkerk, Maj. Moses Phillips, Adjt. George Den- niston, Quarter-Master Alexander Trimble ; commissions dated 25th Oct. 1775.* Col. Levi Pawling, Lieut. Col. Jacob Hornbeck, Maj. Johannes Cantine, Maj. Joseph Hasbrouck, Adjt. David Bevier, Quarter-Master Jacobus Bruyn, Jr ; commissions dated 25th Oct. 1775. Col. Jonathan Hasbrouck, Lieut. Col. Johannes Harden- bergh, Jr., Maj. Johannes Jansen, Jr., Maj. Lewis Du Bois, Adjt. Abraham Schoonmaker, Quarter-Master Isaac Belknap; commissions dated 25th Oct. 1775. Resolved and Ordered, That those gentlemen be re- spectively appointed and commissioned in the respective offices for which they are respectively above named. Gilbert Livingston, Esq. delivered in a motion and a list of the field and staff officers of two regiments of minute men in Dutchess county, which was read and filed, and is in the words following, to wit : I move that the following gentlemen be appointed field officers in two regiments of minute men in Dutchess county. Col. John Van Ness, Lieut. Col. Cornelius Humphrey, Majs. Robert I. Livingston and James Reed, Adjt , Reu- ben Hopkins, Quarter Master Joseph Ketcham, Jr. Col. Jacobus Swartwout, Lieut. Col. John Bailey, Jr. Majs. Malcom Morrison, Henry Schenck, Adjt. Joshua Carman, Jr., Quarter-Master Henry Godwin. Resolved and Ordered, that those gentlemen be respec- tively appointed and commissioned in the respective offices for which they are respectively above named. The petition of John McKenny, praying for the enlarge- ment of John Candell, was read and filed. Ordered, That Col. McDougall discharge John Can- dell, and that Mr. Van Zandt and Mr. Sears take such se- curity of the said John McKenny for the conduct of the said John Candell, as is mentioned in the said petition, and in such manner as Mr. Van Zandt and Mr. Sears think proper. Resolved, That Mr. Roosevelt and Mr. Van Zandt be a committee to receive and collect all the damaged gunpow- der to be had or obtained, and to forward the same to the powder-mill at Rhynbeck to be manufactured with all con- venient speed. Resolved and Ordered That the gunpowder imported and now in store for the use of this Colony be distributed in the following proportions, viz : To the city and county of New-York (already or- wt. dered to the captains of the militia,) 1000 To Queens county, 200 (100 whereof is delivered to Joseph Robinson.) To Kings county, 100 To Richmond county, 100 To Orange county, 150 To Dutchess county, 200 To Ulster county, 150 To Westchester county, 150 To Cumberland county, 100 To Albany city and county, 250 To Tryon county, 100 To Charlotte county, 100 To Gloucester county, 100 Delivered to Col. McDougall for the use of the troops in his regiment, 100 To be kept in store at New- York, 800 36001b. Resolved and Ordered, That Mr. Gabriel W. Ludlow be requested to direct the said gunpowder to be distributed and delivered out to the Deputies of the respective coun- ties above mentioned, or their order, in the quantities above * The dates of commissions are memoranda made on the return of one of the Secretaries. mentioned, on receiving cash for the same before, or at the time of the delivery thereof. Resolved, That the firemen of the city of New-York be, and they are hereby exempted from the military night- watch, and being called upon as minute-men, or of the mi- litia to go out of the said city. Ordered, That Mr. Sears be and he is hereby desired to consult with Col. Lasher, with respect to seizing and taking the sloop (and people on board) charged with hav- ing supplied necessaries for the use of the army and navy, and now laying at anchor near the Asia ship of war. A draft of a letter to Samuel Bayard, Jr. Esq. and to Augustus Van Cortlandt, Esq. was read and filed, and is in the words following, to wit : " In Provincial Congress, > " New-York, Sept. 2d, 1775. \ " Sir — The alarming state of public affairs command our attention to the safety of the records under your care, and although we do not at present perceive any immediate danger to this city ; yet we are of opinion that matters of such vast importance should not be entrusted to an uncer- tain contingency. You must be sensible that if, by any mischance, the office should be destroyed, it would unhinge the property of numbers in this Colony, and throw all our legal proceedings into the most fatal confusion. " We do, therefore, request you to inquire for some place of security to deposit the records under your care, and that you inform the Committee of Safety of such place, that they may give further directions on this subject." Ordered, That two copies thereof be engrossed, and signed by the President pro tempore, and that one copy thereof be directed and delivered to Samuel Bayard, Jr. Esq. and the other copy delivered to Augustus Van Cortlandt, Esq. clerk of the city and county of New- York. Ordered, That it be referred to the committee of the city of New-York, to consider of the bill of exchange drawn on Col. William Bayard, by Loring, and to determine whether the same ought to be paid. The President pro tempore, by order of the House, gave it in charge to the members to keep secret, that pork is purchased in Connecticut, and is coming from Connecti- cut for the use of the northern army. And the members and Secretaries of this Congress are, with the consent of the House, absolved from their obligations to secrecy with respect to Capt. Melancton Lawrence, and the letters ta- ken with him. Resolved, That this Congress will adjourn this day, un- til the 2d day of October next ; and that a Committee of Safety be appointed during the recess of this Congress, in manner following, to wit : That New-York appoint three members to give four votes ; the city and county of Albany appoint one mem- ber to give three votes, and every other county one mem- ber to give two votes each ; and that such other members of the several counties as shall attend may join in the vote of their respective counties, or give such vote, in the ab- sence of the member or members so appointed. Mr. Scott, Mr. Hallett, Mr. Beekman — For the city and county of New-York. Francis Nicoll — For the city and county of Albany. Gilbert Livingston — For Dutchess county. William Paulding — For Westchester county. Isaac Roosevelt, (until one of their own Deputies comes) — For Ul- ster county. John Haring — For Orange county. Paul Micheau — For Richmond county. Jeremiah Remsen — For Kings county. Col. Blackwell and Jonathan Lawrence, or either of them — For Queens county. William Brasher, (until one of their Deputies shall come) — For Suf- folk county. Isaac Sears — For Tryon county. William Williams — For Cumberland county. Resolved further, That the said votes, or a major part thereof, shall constitute such committee, and that the 136 JOURNAL OF THE PROVINCIAL CONGRESS. said committee, when met, shall be empowered to open all letters directed to the said Congress, and to answer the same. That they be further empowered to take such mea- sures as they shall think proper to carry into execution all j orders of the Continental Congress, and all resolutions and recommendations of this Congress ; and to comply with ( any requisitions made by the generals of the Continental army, or any of them, as far as they shall think proper. | That they be authorized to give directions to Gen. Wooster, or the commander or commanders for the time being, of the Continental troops stationed in this Colony, now under his command, as also to the colonels and officers of the militia, as well minutemen as others, in this Colony, to march, and carry into execution the orders and recommen- dations of the Continental Congress, and of this Congress ; provided that such directions do not contravene the orders of the Continental generals. And that they have authority to appropriate such moneys of the Continental Congress as is now in the hands of the President of this Congress, in payment of the debts already contracted for the public service, and for the use of the said service, as they shall think necessary, the accounts being first audited and allowed by the committee of accounts. And further, that the Com- mittee of Safety be empowered to issue commissions to such persons, as by the committees of the several counties shall be recommended, for field officers of the militia in the said counties respectively. And, also, that the said Committee of Safety be enabled to summon this Congress at such day and place as they shall think necessary. Resolved further, That the Committee of Safety be empowered to appoint the signers of the bills, and do every other act which may be necessary to carry the resolution for emitting a paper currency into execution. The members of the Committee of Safety, now present, agreed to meet here, at the City-Hall in New- York, on Monday next, at four of the clock in the afternoon. The Congress then adjourned till the second day of Oc- tober next, then to meet at the City-Hall, of the city of New-York, at nine of the clock in the forenoon of that day. JOURNAL OF THE COMMITTEE OF SAFETY. At a meeting of the Committee of Safety for the Colony of New- York during the recess of the Provincial Con- gress, Sept. 4th, P. M. 1775. Present. — Messrs. Roosevelt, Scott, Beekman, Van Zandt, Sears, Brasher, Richard Yates — City and county of New-York. Mr. Robert Yates — ilbany. Mr. Livingston, Col. Hoffman — Dutchess. Messrs. Williams and Remsen — Kings. Maj. Williams — Cumberland. Mr. Paulding — Westchester. Mr. Sears — Tryon. Mr. Haring — Orange. Mr. Brasher — Suffolk. Mr. Roosevelt — Ulster. The Committee unanimously chose John Haring, Esq. Chairman. A letter from the committee of Albany of the 29th ult. was read and filed, and is in the words following, to wit : " Albany Committee Chamber, ) "Jug. 29th, 1775. < " Gentlemen — We expected when the army was once organized, we should not be so frequently called upon about matters not in our province. But the situation of Col. Van Cortlandt and the men under his command, in a great measure obliges us to give him all the assistance in our power — not, however, that it is to be made a precedent of. The enclosed letter from Col. Van Cortlandt will show you the posture he is in, and the necessity of a speedy re- lief. We fear we shall be able to afford him but little as- sistance. The hospital and barracks are filled with In- dians attending the congress ; the barns about the town loaded with the crops of the season, and the city crowded continually with a numerous concourse of people. The former and frequent applications for ammunition has drain- ed us in short of almost every thing of that sort. " We are, gentlemen, " Your humble servants, " By order of the committee, " ABM. YATES, Junr. Chairman. " P. V. B. Livingston, President of the Congress." 35 A letter from Philip Van Cortlandt, lieutenant-colonel of the fourth regiment, dated at Albany, August 28th, 1775, was read and filed, and is in the words following, to wit : "Albany, Aug. 2$th, 1775. " Dear Sir — Agreeable to verbal orders received from Col. Holmes when last in New-York, made all the de- spatch in my power to this place, where I arrived the 26th inst. finding Capt. Henry B. Livingston with his company in a small house in town. He wants many things — such as shoes, stockings, shirts, under clothes, haversacks and cash, having advanced all himself that has been paid his men as yet. The day I arrived, came up the following captains with their companies : Capt. Herrick, Capt. Palmer, Capt. Horton and Capt. Mills — all without blan- kets, excepting Capt. David Palmer — many of the men wanting shirts, shoes, stockings, under clothes, and in short without anything fit for a soldier, except a uniform coat, and not more than thirty guns with four companies fit for service. " They are now on board of the small boats that brought them up, having no place for them to go into, as there is not one tent that I can find for our battalion ; and three companies without blankets, and none to be had at this place. I do not know how to act, or what to do with them. They begin to ask for cash and better lodgings, being much crowded in the small boats in which I am obliged to keep them. " I this morning made application to the committee of Albany, who will do all in their power for me, which I be- lieve, is but very little. " I shall be much obliged to the Honourable Congress to send me with all convenient speed, arms, blankets, tents, shoes, stockings, haversacks, and cash by all means. I want to be going forward, where, by what I can learn, we shall be wanting if we can go soon or not at all. " The men say, 1 Give us guns, blankets, tents, &c. and we'll fight the devil himself, but do not keep us here in market boats, as though we were a parcel of sheep or calves.' In short nothing can give me more pleasure than the arrival of the aforesaid articles ; until which, I shall do all in my power to keep the men together, and in as 138 JOURNAL OF THE COMMITTEE OF SAFETY. good order as clubs and canes can keep them, without arms to keep a proper guard ; as I have orders from the general to collect all the arms together, and send as many men off directly to Ticonderoga, (and that without tents) which will not be a full company, unless I can purchase some arms here. " I remain, dear sir, " Your most obedient, hum. servt. " PHILIP VAN CORTLANDT, "Lieut. Col. of the Ath battalion. "P. S. The cash I received, I was obliged to pay to the mutinous men in the lower barracks ; and I sent by Lieut. Riker to Capt. Woodard, at Newtown, Long-Island, some part of it." Ordered, That the committee of the city of New- York be requested to search, or cause search to be made through the city of New- York for spare arms with or without bay- onets, and cause them to be purchased at such prices as they may be reasonably obtained, for the use of the troops of this Colony. Ordered, That Mr. James Hallett deliver to Mr. Isaac Sears, sixteen wheelbarrows, or any less number which he has ready made ; and that Mr. Hallett employ as many persons as may be necessary, and with all possible de- spatch replace the same number for Mr. Samuel Franklin. Ordered, That Col. McDougall appoint a sufficient guard out of any of the troops of this Colony, now in this city, to attend upon and guard the sloop with the pork ex- pected to arrive this evening or to-morrow from Connecti- cut. And that the said guard be in such readiness as to attend when Mr. Isaac Sears shall give him information that the pork is arrived. Ordered, That Col. McDougall give such orders as that the guard at the upper barracks be ready to go immediately to the jail to guard it, and to seize any prisoners that may be directed by Mr. Francis Child, at any time when Mr. Child, or any person by him sent, shall request the assis- tance of that guard. Ordered, That Mr. Gerard Bancker be requested to put in proper order, one of the rooms in the upper barracks for the reception and storing of such stores as are now in the barrack master's store-room in the jail, and that Mr. Bancker render an account of the expenses to this commit- tee for payment. A letter from Egbert Benson, chairman of the com- mittee of Dutchess county, informing that Messrs. Lester, Doughty and Berghs are said to heve enlisted men and purchased supplies for the enemy, was read and filed. Ordered,, That Col. Lasher detach a sufficient party of the militia under his command, to apprehend Mordecai Lester of Dutchess county, wherever he may be found, and keep him in safe custody to answer before this com- mittee for certain misdemeanours against the liberties of America charged against him, and for so doing, this shall be a sufficient warrant. Mr. Richard Yates, Mr. Roosevelt and Mr. Van Zandt, dissent. Ordered, That a copy thereof be engrossed and deli- vered to Col. Lasher. Committee adjourned to 9 o'clock to-morrow morning. DIE MARTIS, 9 ho. a. m. September 5th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, Commissioners for Orange county, 2. James Beekman, Isaac Roosevelt, Isaac Sears, Mr. Brasher, Joseph Hallett, Col. McDougall— New York, 4. Robert Yates, Esq.— Albany, 3. Gilbert Livingston and Melancton Smith — Dutchess, 2. William Paulding— Westchester, 2. Isaac Roosevelt— Ulster, 2. Jeremiah Remsea — Kings, 2. Isaac Sears — Try on, 2. William Williams — Cumberland, 2. Abraham Brasher — Suffolk, 2. Dr. Treat and Dr. Thomas Jones sent in an inventory of the medicines and hospital stores now in a room at the bar- racks, with the prices annexed to the same, which is now filed. A petition of the inhabitants of the manor of Fordham and West Farms, setting forth the inconvenience of their being joined in one company with those of the borough of Westchester, and praying that they may be formed into one company. Ordered, That a letter enclosing a copy of the said pe- tition, be sent to the committee of Westchester. Thereupon, a draft of a letter to the committee of West- chester county, was read and approved, and is in the words following, to wit : " In Committee of Safety, &c. ) " Sept. 5th, 1775. $ " Gentlemen — We enclose you a copy of a petition from the inhabitants of the manor of Fordham and the West Farms. If the facts therein set forth are true, we think it reasonable they should be formed into a separate company, and choose their officers. However by the re- solutions of our Congress, the division of the county into beats or districts, is referred to you, but we must observe to you that each company is ordinarily to consist of about 83 men, officers included, and by their representation it appears that there is a sufficient number to form a com- pany, and the beat or district to which you have assigned them as part, far exceeds that number. We therefore re- commend to you an inquiry into this matter. "We are, &c. " To Gilbert Drake, Esq. Chairman of the Committee of Westchester county." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. Dr. McClean of this city, attending at the door, request- ed the sense of this committee whether he be at liberty to supply the ship Asia with drugs and medicines as he has heretofore done. Agreed, That Dr. McClean be at liberty to supply the said ship with drugs and medicines in the same manner, and under the like restrictions that Mr. Lott is directed to observe in supplying the said ship with beer and water. The committee having ordered some of the persons now in custody, and who were taken on board of the sloop com- manded by one Dop, seized (by order of the Provincial Congress,) last Sunday by Col. Lasher, proceeded to the examination of Daniel Rivers, one of them. Henry Acker, Jr. next examined ; Abraham Freeligh next examined ; Timothy Doughty next examined. A letter from Augustus Van Cortlandt, Esq. informing the Committee that he had deposited the records of his office in a dry arched cellar in boxes. That he had intend- ed, if this city should be invaded, to remove them to his brother's at the Yonkers, in Westchester county. Agreed, That the disposition Mr. Van Cortlandt has made of the records of his office, are satisfactory to this Committee for the present ; and that he be informed thereof. Ordered, That the letter of application from William McAdam, for a permit for the sloop Jean, to proceed to sea, and the inventory of her lading sent into Congress, and the short notes of examination of David Morris, the pilot, be delivered to the committee of the city of New- York, as a matter within their particular province, to which they are competent ; and that the said committee be in- formed that David Morris, a pilot, is a material witness to be examined with respect to the sloop Jean. And Ordered, That the notes of examination of Alexander Bell, and the bill for fifty pounds found on him, be also delivered to the said Committee of the city of New-York. Committee adjourned to 9 o'clock to-morrow morning. JOURNAL OF THE COMMITTEE OF SAFETY. 139 DIE MERCURII, 9 ho. a. m. September 6th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. James Beekman, Joseph Hallett, John Morin Scott— New-York, 4. Robert Yates — ilbany, 3. Gilbert Livingston, Col. Hoffman — Dutchess, 2. Jonathan Lawrence — Queens, 2. Jeremiah Remsen, John Van Derbilt, Henry Williams — Kings, 2. William Paulding — Westchester, 2. Maj. John Williams — Cumberland, 2. Isaac Sears — Tryon, 2. Isaac Roosevelt — Ulster, 2. Abraham Brasher — Suffolk, 2. Ordered, That Mr. Thomas Grennell be, and he is hereby appointed a commissioner, (in addition to the num- ber heretofore appointed,) to superintend the erecting and finishing the fortifications on Hudson's river, in the High- lands. Ordered, That Peter Van Brugh Livingston, Esa^. pay- to Mr. William Bedlow, one of the commissioners, for erecting fortifications on the banks of Hudson's river, in the Highlands, the sum of two hundred and fifty pounds on account, to be expended in preparing necessaries and in erecting the said fortifications. A letter from the committee of Tryon county of the 26lh ult. was read and filed. They therein enclose a copy of sundry resolutions of their committee ; also a list of officers of the militia by ihem elected, viz : " Tryon County Committee Chamber, ) " August 26, 1775. 5 " Return of field officers, captains and subalterns, in the county of Tryon. First Battalion — Canajoharie. Nicholas Herkheimer colonel, Ebenezer Cox lieutenant- colonel, Robert Wells major, Samuel Clyde, adju- tant. 1st company. Samuel Clyde captain, John Campbell, Jr. 1st lieutenant, James Cannon 2d lieutenant. 2d. Michael Grass captain, Robert Campbell 1st lieuten- ant, Peter Bowman 2d lieutenant. 3d. Peter S. Tygert captain, Henry Zimmerman 1st lieu- tenant, Benjamin Mackey 2d lieutenant. 4th. Jacob W. Seeber captain, Francis Ute 1st lieutenant, Adam Libe 2d lieutenant. 5th. Henry Diefendorf captain, Jacob Diefendorf 1st lieu- tenant, Henry Mayer 2d lieutenant. 6th. Abraham Copeman captain, Yoost House 1st lieute- nant, Jacobus Resner 2d lieutenant. 7th. Renier V. Everen captain, Martin C. Van Alstyne 1st lieutenant, James Guinall 2d lieutenant. 8th. Jacob Miller captain, Peter Summer 1st lieutenant, Matthias Brown 2d lieutenant. 9th. Nicholas Wesen captain, Henry Bratt 1st lieutenant. Second Battalion — Palatine. Jacob Clock colonel, Peter Waggoner lieutenant-colonel, Hermanus Van Slyck major, Anthony V. Vechten adjutant. 1st company. William Fox, Jr. captain, John Hess 1st lieutenant, Peter Waggoner, Jr. 2d lieutenant, Ma- thew Wormdod ensign. 2d. Christopher P. Fox captain, John J. Clock 1st lieu- tenant, Jacob J. Clock 2d lieutenant. 3d. Christopher W. Fox captain, Peter Laucks 1st lieute- nant, Henry Miller 2d lieutenant, Samuel D. Elten Ensign. 4th. John Kayser, Jr. captain, Andreas Dillenbagh 1st lieutenant, Severinus Cook 2d lieutenant, Richard Coppernoll ensign. 5th. John Breadbake captain, John Siely 1st lieutenant, Jacob Ekert 2d lieutenant. 6th. Nicholas Richter captain, John Williams 1st lieute- nant, George Smith 2d lieutenant, John Sholl en- sign. 7th. Christian House captain, John Zimmerman 1 st lieu- tenant, John Bellinger, Jr. 2d lieutenant. Third Battalion — Mohawk. Frederick Fisher colonel, Adam Fonda lieutenant-colonel, John Bliven major, Robert Yates adjutant. 1st company. Jacob Gardinier captain, Abraham D. Quack- inbush 1st lieutenant, Willliam Hall 2d lieutenant, Gideon Marlatt ensign. 2d. John Davis captain, Abraham Vedder 1st lieutenant, Jacob Simon 2d lieutenant. 3d. Robert Yates captain, Cobus Crommel 1st lieutenant, Peter Yates 2d lieutenant, Hendrick Lewis ensign. 4th. John Fisher captain, John Wemple 1st lieutenant, Mindert W. Quackenbush 2d lieutenant, Garret G. Van Blockler ensign. 5th. Samuel Pettingill captain, Thomas Caine lieutenant, Samuel Bamhart, Jr. ensign. 6th. Abner French captain, David McMaster lieutenant, Peter Van Der Lenden ensign. 7th. Lewis Croat captain, Jeremiah Swarts 1st lieutenant, Christian Earnest 2d lieutenant, Emanuel De Graff ensign. 8th. Abraham Hodges captain, Joseph Hamans 1st lieu- tenant, Abel Hunt 2d lieutenant, Amos Bennet en- sign. Fourth Battalion — German Flats and Kingsland. Hanyoost Herkheimer colonel, Peter Bellinger lieutenant- colonel, Hanyoost Shoemaker major, John De- mooth adjutant. 1st company. John Eisenlord captain, John Keyser 1st lieutenant, Adam Bellinger 2d lieutenant, John Smith ensign. 2d. John Petry captain, Hanyoost Mx. Petry 1st lieutenant, Hanyoost H. Petry 2d lieutenant, William Em- pie ensign. 3d. Daniel Petry captain, Peter Volts 1st lieutenant, Marx Raspach 2d lieutenant, George Helmer ensign. 4th. Frederick Bellinger captain, Henry Harter 1st lieute- nant, John Demooth 2d lieutenant, Peter Ja. Wea- ver ensign. 5th. Peter Bellinger captain, Jacob Basehawn 1st lieute- nant, Nicholas Staring 2d lieutenant, John P. Bel- linger ensign. 6th. Hanyoost Herkheimer captain, Frederick Ahrendorf 1 .st lieutenant, Tinus Clapsaddle 2d lieutenant. 7th. Rudolph Shoemaker captain, Deiterick Stale 1st lieutenant, Frederick Shoemaker 2d lieutenant. 8th. George Herkheimer captain, Frederick Fox 1st lieu- tenant, Archibald Armstrong 2d lieutenant, Han- yoost Tygert ensign. 9th. William Tygert captain, Jacob Volts 1st lieutenant, George Wents 2d lieutenant, Frederick Frank en- sign. " By order of the committee. " NICHOLAS HERKHEIMER, Chairman." The resolutions enclosed in the letter from the commit- tee of Tryon county, are as follows : " In Tryon County Committee Chamber, \ '•' August 26th, 1775. 5 " Extract of Resolves. " Resolved and agreed unanimously, That the follow- ing new chosen members by the freeholders and inhabi- tants of Palatine district, adjoining the old committee agreeable to a late advertisement, dated the 12th inst. shall be admitted and sworn by the oath formerly prescribed by the general committee, viz : 140 JOURNAL OF THE COMMITTEE OF SAFETY. " Sworn this day — John Eisenlord, Christian Nelles, William Fox, Jr., John James Clock. " Resolved That if any disputes, trespasses, or other misdemeanours in civil matters should arise among neigh- bours, freeholders, inhabitants and residents within our county, the same shall be determined and decided by three members of committee of such district where the case shall exist. But if the members are too distant, then by one of the committee and a jury of six freeholders chosen by the parties themselves ; or if the parties cannot agree, chosen by said member of the committee within such dis- trict where the disputes and disorders arose. The case not exceeding £5 New-York currency. " Resolved, That the damages and forfeitures, as well as the costs of suit by such trials, shall be recovered by distraining goods and chattels in manner as provided in the acts of Assembly ; but in want of goods and chattels, the transgressor shall be brought before the committee of his district, where and by whom he shall be sentenced. " A true copy, examined by "JOHN EISENLORD, " Com. Clk." A draft of a letter to the committee of Tryon county, was read and approved of, in the words following, viz : " In Committee of Safety ) " For the Colony of New- York, } " September 6th, 1775. ) " Gentlemen — We have received your letter of the 26th ult. together with the enclosed resolves and list of the officers of the militia in your county, agreeable to which, we shall expedite commissions for those officers. By the directions of the Continental Congress, two majors and a quarter-master are to be appointed to each regiment or bat- talion. As you have only recommended one to each of your battalions, and no quarter-master, you will, therefore, with all convenient speed, recommend to us four addition- al majors and quarter-masters. " The Congress of this Colony have hitherto avoided interfering in the administration of justice in civil matters, or arresting the cognizance from the officers of justice. We cannot, therefore, approve of the resolve by you, en- tered into respecting the trial of civil causes in your coun- ty, and find it highly expedient to recommend to you its repeal. " We are, gentlemen, your humble servants, " By order of the Committee of Safety. " To Nicholas Herkimer, Chairman of the Committee of Tryon county." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. Ordered, That the chairman and deputy chairman of the general committee of the city and county of New- York, be requested to cause an account of all the moneys borrowed by them for the use of this Colony to be laid before this Committee, together with an account of the manner in which the several sums have been disposed of. The Committee having ordered the commanding officer at the barracks to cause the following persons, viz : Da- niel Rivers, Abraham Freligh, Henry Acker and Peter Dop, all taken on board the sloop seized last Sunday by Col. Lasher, to be brought before this Committee to be examined ; also James Hicks and Thomas Cains, who were taken by the city guard last night, as they were landing from on board the packet. Peter Dop, a lad of about fourteen years of age, was examined. Henry Acker, Abraham Freligh and Daniel Rivers were duly sworn on the Holy Evangelists, by al- derman Blagge, who came into the Committee for that pur- pose, and their examinations being taken in writing, they were discharged. And thereupon an order was made to captain Beauman, requesting him to deliver one chest and one bed belonging to him, which was taken out of a sloop on last Sunday.* Ordered, That John Conner, now a prisoner in the guard room in the upper barracks, be committed to the jail set apart for the prisoners of this Congress. The report of the officer of the city guard who took James Hicks and Thomas Cams, was read and filed. James Hicks and Thomas Cams after they were exa- mined by two of the members, were ordered to be dis- charged. A letter from Samuel Van Vechten, dated the 17th ult. resigning his warrant as a lieutenant, was read and filed. A letter from Lieut. Col. Van Cortlandt of the 3 1st of Au- gust was read and filed. He therein incloses Samuel Van Vechten's warrant, returned, and requests some person may be appointed in his stead. The Committee adjourned to 4 o'clock P. M. Die Mercurii, 4 ho. P. M. Sept. 6, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. — Chairman, and Commissioner for Orange county, 2. Isaac Sears, Isaac Roosevelt, James Beekman — New-York, 4. Gilbert Livingston — Dutchess, 2. Isaac Roosevelt — Ulster, 2. Jonathan Lawrence — Queens, 2. Richard Lawrence — Richmond, 2. Isaac Sears — Tryon, 2. John* Williams — Cumberland, 2. The Committee proceeded to the examination of other of the prisoners taken on board the sloop last Sunday by Col. Lasher. Martin, Simeon and Christian Dub were respectively examined, and after a severe reprimand from the chair, and also particular advice from many of the members, were respectively discharged. A letter from Samuel Bayard, Esq. Deputy Secretary of this Colony, was read and filed, and is in the words fol- lowing, viz : " New-York Secretary's Office, 6th Sept. 1775. " Sir — I received the favour of your letter upon the subject of the public records under my care, and am, with you, duly sensible of the great importance of them to the Province, and the fatal consequence to private property which would arise from their destruction. " How far any such event may be probable at this time I cannot form any judgment, and you must be sensible, sir, of the difficulty of my situation, when, if I should, in the exercise of my discretion, depart from the line of my duty, I might subject myself to very disagreeable consequences. " Whenever the removal of the records is absolutely ne- cessary, I shall not fail to continue my care of them, and hope my attention to their security will evince my desire to discharge the trust reposed in me with the strictest fide- lity. And with respect to the place where they should in that case be deposited, I can only say that as it is out of my power to tell from what quarter danger may arise, so it is impossible for me to assign any place where they will be free from danger. " I have not the least preference for one place above another, but shall all times and at all places use my best endeavours to preserve them from injury ; und that nothing on my part may be wanting, I shall provide proper boxes for the most important parts of the records, to be ready on any emergency. " I am, sir, " Your most obedient " And humble servant, "SAM. BAYARD, Junr. " To Nathaniel Woodhull, Esq." Ordered, That Mr. Bayard's letter be deferred for fur- ther consideration. The Committee adjourned to to-morrow morning 9 o'- clock. The last order as in the original minutes. • Wm. Williams in original minutes. JOURNAL OF THE COMMITTEE OF SAFETY. 141 DIE JOVIS, 9 HO. A. M. September 7 th, 1775. The Committee met pursuant to adjournment. Present— John Haring, Esq.— Chairman, and Commissioner for Orange county, 2. Joseph Hallett, Abraham Brasher, Isaac Roosevelt, Isaac Sears, John Morin Scott — New-York, 4. Robert Yates — Albany, 3. Gilbert Livingston— Dutchess, 2. Jonathan Lawrence — Queens, 2. Theodorus Polhemus and Henry Williams— Kings, 2. Major John Williams— Cumberland, 2. Richard Lawrence — Richmond, 2. Abraham Brasher — Suffolk, 2. Joseph Drake and William Paulding— Westchester, 2. Isaac Roosevelt— Ulster, 2. Isaac Sears— Try on, 2. Mr. James Beekman brought into the Committee a cer- tificate, signed by Isaac Stoutenburgh, certifying that five hundred and twenty-two muskets belonging to the corpora- lion of this city were taken out of the City-Hall, and twen- ty-eight muskets left at Mr. Isaac Stoutenburgh's were also taken by sundry persons at the time of receiving the account of Lexington battle. That each of the said mus- kets with their accoutrements were well worth three pounds five shillings. Aiso, that six iron bullet moulds were taken away at the same time. A letter from the commissioners for erecting fortifica- tions in the Highlands, requesting the instructions of this Committee with regard to the plan and expense of the said fortifications. Mr. Bedlow, one of the commissioners attending at the door, was called in and informed that it was the sense of this Committee to have a conference with the commission- ers, and the engineer who is expected from Philadelphia, previous to the giving them any instructions. The Committee having sent for the persons belonging to, and taken on board the North river sloop last Sunday, pro- ceeded to their examination. After some time spent therein, Ordered, That they be taken back to jail, and there confined until further orders. Ordered, That the people called Quakers, residing in the city and county of New-York, be requested to deliver in to this committee without delay, a list of all the males belonging to their society, from the age of sixteen to sixty. Ordered, That a copy of the aforegoing order be served on one or more of the most respectable of the society of people called Quakers. A draft of a commission to be given to the officers of the militia, independent companies and minute men of this Co- lony, was read and approved, viz : " In Committee of Safety, for the Colony ) of New-York, the day of, in > the year of our Lord, 1775." ) " To Gentlemen, Greeting. "By virtue of the authority reposed in us by the Provin- cial Congress of the said Colony, we do hereby nomi- nate, authorize, constitute and appoint you of the hereby requiring you, before you enter into the exercise of your said office, to make in writing, and subscribe in the presence of the chairman of the com- mittee of the city, town, district or precinct, wherein you reside, the declaration appointed and directed by the ninth section of the seventh resolve, contained in the rules and orders for regulating the militia of the Colony of New- York, recommended by the Provincial Congress, the 22d day of August, 1775, and authorizing you fully to execute all the powers belonging to your said office by virtue of the said rules and orders, and the said declaration. And we do hereby require all persons under your command to pay due obedience to you according to the said rules and orders, and such further rules and orders as shall be made and recommended for the militia of this Colony, by the 36 present or any future Continental Congress or Provincial Congress of this Colony. Ordered, That one thousand copies thereof be imme- diately printed for the use of this Committee. The Committee then adjourned until 4 o'clock this af- ternoon. Thursday 4 o'clock P. M. September 1th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Chairman, and Commissioner for Orange county, 2. Isaac Roosevelt, Col. McDougall, Mr. Hallett, Mr. Brasher, Mr. Isaac Sears, Mr. Scott — New-York, 4. William Paulding — Westchester, 2. Jonathan Lawrence — Queens, 2. Richard Lawrence — Richmond, 2. Theodorus Polhemus — Kings, 2. A. Brasher— Suffolk, 2. Major John Williams — Cumberland, 2. Isaac Sears — Tryon, 2. Gilbert Livingston — Dutchess, 2. Isaac Roosevelt — Ulster, 2. Mr. Isaac Sears informed the committee that by an or- der from the general committee, he had been with several others in quest of Capt. Isaac L. Winn, who sailed in a sloop bound to the eastward, and suspected of a design of furnishing the army and navy with necessaries ; that they overtook the said sloop above Hellgate, and that Capt. Winn requested to be examined by this Committee. Whereupon Mr. Scott and Mr. Livingston were appointed to examine Capt. Winn, who reported that Capt. Winn had given them such sufficient satisfaction of his friendly disposition to the liberties of America, as induced them to believe the suspicions against him to be entirely groundless. Capt. Winn informed the Committee that a paragraph had appeared in Mr. Holt's journal of this day, to his pre- judice, and requested that a certificate be given to him certifying the sense of this Committee with respect to his conduct. Thereupon a certificate was prepared, read and approv- ed of, and ordered to be signed by the chairman and de- livered to Capt. Winn. Mr. Sears having brought into the Committee a number of letters taken from Capt. Winn, and directed to gentle- men of the army and others in Boston. Ordered, That Mr. Roosevelt and Mr. Sears be a com- mittee for opening and examining the said letters, and that they report immediately. Mr. Roosevelt and Mr. Sears reported that they had ex- amined the said letters, and that they were all on private business. But that an anonymous letter directed to major Moncreif at Boston, which, from the handwriting and other circumstances they believe to be wrote by Mr. The- ophalact Bache of this city, merchant, which letter being read and filed, is in the words following, to wit. "New-York, 3d Sept. 1775. " Dear Major — I wrote to you a few days ago by the transport which sailed from hence. I hope vou have re- ceived it. It is now decreed by the Congress criminal to speak, and as it would be equally so to write, not knowing into whose hands this may fall before this reaches you, I am determined not to transgress, as I wish to remain in the country as long as I can and not to do any thing that may cause a banishment or the punishment of being sent to the mines of Symsbury, which are punishments daily inflicted on those poor culprits who are found or even sup- posed to be inimical. " Don't think of returning here while this unhappy con- test continues. You will be ferreted and exposed to in- sults, I would wish you to avoid. I will take care of your wife as much as a brother or friend can do. She is well and as happy as can be expected. I expect that she will lay-in at Flatbush, as I think it would be danger ous to bring her to town. The late firing of the Asia has 142 JOURNAL OF THE COMMMITTEE OF SAFETY. been fatal to many women in her situation. The family join me in love to you, and believe me, to be dear Moncreif, " Yours. " To Major Thomas Moncreif, Boston." Mr. Beekman moved, seconded by Mr. Sears, that Mr. Bache be ordered immediately to attend the committee to be examined respecting the said letter ; on which debates arose and the question being put thereon, it was carried in the affirmative, in the manner following, to wit : For the affirmative. New-York, 4 Cumberland , 2 Kings 2 Dutchess, 2 Tryon, 2 12 For the negative. Richmond, 2 Suffolk, 2 Ulster, 2 6 Mr. Roosevelt dissenting from the vote of New- York. Ordered, That the doorkeeper summon Mr. Bache to attend this Committee immediately. The doorkeeper returned and informed the Committee that Mr. Bache has gone out of town. The Committee adjourned until nine o'clock to-morrow morning. FRIDAY, 9 o'clock, a. m. September 8th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Or- ange county. Mr. Yates — Albany. Mr. G. Livingston — Dutchess. Messrs. Williams and Polhemus — Kings. Mr. Sears — Tryon. Mr. Roosevelt — Ulster. Mr. Lawrence — Richmond. Mr. Paulding — Westchester. Maj. Williams — Cumberland. Messrs. James Beekman, Sears and Roosevelt — New-York. Ordered, That Mr. Gabriel W. Ludlow deliver to Mr. Sa- muel Tudor one quarter cask of gunpowder, for the pur- pose of proving the brass field pieces made by order of the Provincial Congress, and charge the same to this Com- mittee. Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of the Provincial Congress of this Colony, pay unto Lieut. William Crane of Capt. Palmer's company in Col. Holmes' regiment, the sum of thirty pounds for the purpose of paying off the billeting money and paying the men under his command, that he may be enabled to join his regiment, and that, the said William Crane do give a receipt to said Peter Van Brugh Livingston, and an order on the deputy paymaster-general for the repayment of the said sum. Ordered, That Mr. Watkeys, gunsmith, provide for William Mariner a musket equal in value to, and in lieu of the musket lent to the Provincial Congress of this Co- lony, by the said William Mariner as a pattern musket, and that the said Watkeys charge the same to this Com- mittee or the Provincial Congress. Ordered, That Mr. Hallett be empowered to engage Mr. John Griffiths to go to the neighbourhood of Goshen or any other part of this Colony, and examine into the na- ture of the lead mines there, and that he return and make report to this Committee with all convenient speed, and that this Committee will provide for the payment of his services. A memorial signed by Peter Bogerl, William Harden- brook, Charles Philips, Guilliam Varick, Andrew Bell, Theo. Hardcnbrook, George Stanton, Isaac Mead and William J. Elsworth, the officers or foremen of the fire- men of the city of New-York, praying that they may be excused from being drawn out in the military service ex- cept in case of a general attack, was read and filed. Ordered, That a copy of a resolution of the Provincial Congress which exempts the firemen from certain military duty, be served on one of the memorialists. A letter from William Smith, chairman of the committee of Suffolk county, was read and filed, and is in the words following, to wit : " Suffolk county, Aug. 31si, 1775. " Gentlemen — Your letter of the 25th of this inst. we have received, wherein you recommend that we place two companies of minute men at Montauk and one at or near Shelter island. There are no companies of minute men yet formed in this county, and when formed we are of opinion that such companies cannot be prevailed on to be stationed at those places, as those persons at the east end of the county who could be spared from their families are already enlisted in the service of the Continent, and the western part of the county are unwilling that any per- sons should go from them on account of the danger of the enemy and the people in an adjacent county. We are ex- ceedingly sorry that we shall be unable to protect the stock at the east end from the ravages of our enemies when the troops are all gone from us. The stock is taken from Gardiner's and Plumb islands. The hay on Gardiner's island we judge will be of no service to Gen. Gage if they cannot get stock, as they took no more than just sufficient to keep the stock to Boston and said they wanted no more. We beg leave to observe to you that this county is under considerable disadvantages on account of having no post that rides through Long island, and should be exceeding glad if a post might be established in such manner as your honourable House shall direct. " We are, gentlemen, " Your most ob't. and very hum. servants, " By order. WM. SMITH, Chairman. " To the Hon. P. V. B. Livingston, President of the Provincial Congress, New-York." Ordered, That the prisoners now in jail, and who were taken from on board the sloop last Sunday, be brought to the bar of this Committee this afternoon. The Committee adjourned to 3 o'clock this afternoon. Die Veneris, 3 ho. P. M. Sept. 8th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Or- ange county. Joseph Hallett, Isaac Roosevelt, Isaac Sears, Abraham Brasher, James Beekman — New-York. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Richard Lawrence — Richmond. Isaac Roosevelt — Ulster. Major Williams — Cumberland. Mr. Polhemus — Kings. Mr. Sears — Tryon. Jonathan Lawrence — Queens. A letter from Joseph Johnson, an Indian preacher, of the Mohegan tribe, was read, setting forth his having been among the western Indians for the purpose of influencing them in favour of the cause of American liberty, that he is in necessitous circumstances, and praying some relief from this Committee, and that a letter of safe conduct and pass- port may be given to him. Ordered, That a passport and letter of safe conduct be made and delivered to the said Joseph Johnson, and that an order be made on the Treasurer for the sum of fifteen pounds, to assist him to defray the expenses of his journey. Ordered, That Col. Lasher collect the accounts of the expenses attending the watching for, and taking of the sloop from Dutchess county, which was lately taken near Speyt den Duyvel, and lay them before this Committee. The Committee having, from the examination of George Nicholson, good reasons to believe that George Bethune, JOURNAL OF THE COMMITTEE OF SAFETY. 143 now of Jamaica, in Queens county, late of Boston in Mas- sachusetts Bay, lias been carrying on a correspondence with His Majesty's army and navy against the liberties of America ; Ordered, therefore, That the said George Bethune, with such letters and papers as may be found in his house, be taken and brought before this Committee, and that the me- thod of taking him and direction of that matter be commit- ted to Mr. Sears. Mr. Roosevelt dissents. The Committee adjourned to 9 o'clock to-morrow morn- ing. DIE SATURNII, 9 ho. a. m. September 9th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner from Orange county. James Beekman, Isaac Sears, Col. McDongall — New-York. Isaac Roosevelt — Ulster. Abraham Brasher — Suffolk. Gilbert Livingston — Dutchess. William Paulding, Lewis Graham — Westchester. Mr. Polhemus, Henry Williams — Kings. Major Williams — Cumberland. Isaac Sears — Tryon. Jonathan Lawrence — Queens. Richard Lawrence — Richmond. It being represented to this Committee that Mr. William Becker, a citizen of this city, is confined in irons on board the Asia ship of war ; Ordered, That Messrs. Roosevelt and Beekman wait on His Worship the Mayor, and request him to demand the immediate discharge of the said William Becker, and to assure Capt. Vandeput, that unless such discharge be immediately made, this Committee will take proper mea- sures for resenting the indignity offered to this city, and the injury done to one of its inhabitants. This Committee being informed, that Abraham Law- rence, of Queens county was taken in custody some days ago by some of the new levies, and is now confined in jail ; thereupon an order was made out to the commanding officer at the upper barracks, to cause the said Lawrence to be brought before this Committee. A letter from Gen. Washington, dated at Cambridge Aug. 30th, requesting ammunition, was read and filed. David Hawley, master of the sloop Sally, and Aaron Jennings, master of the sloop Lady, who arrived here with their vessels laden from the Colony of Connecticut, bound for the West Indies, finding it impracticable for them to proceed on their voyage, requested of this Committee a passport for them and their vessels to return to Connec- ticut. Ordered, That passports be given to the said captains, David Hawley and Aaron Jennings, to return to the Colony of Connecticut with their vessels, and that the Chairman do sign the same. Abraham Lawrence being brought to this Committee was, (after being reprimanded from the Chair,) discharged. A draft of a letter to his Excellency Gen. Washington, was read and approved of, and is in the words and figures following, to wit : " In Committee or Safety, } " For the Colony of New-York. } " Sept. 9th, 1775. S " Sir — In the recess of the Provincial Congress, it is the duty of the Committee of Safety to answer your favour of 30th ult. to our President. We perfectly agree with you that the instances of collusion you mention, are such instances of avarice at such a time and in such a cause as call for a severe scrutiny and exemplary punishment. Be assured, sir, that we are vigilant for the discovery of such delinquents ; and that those who may fall in our way will not escape their just deserts. " The gentleman who informed you of the arrival of a large quantity of powder and 500 stand of arms, perhaps did not know that though they were landed on the east end of Long island, they were immediately transported to New- London, and did not belong to this Colony or any of its inhabitants. We have had indeed about 36,000 weight of powder brought in, and before its arrival we had not a bar- rel in the Colony, except what was most sparingly distri- buted among the individuals. We deplore the situation of the army under your command, and were our abilities equal to our wishes, we should not fail to contribute to your im- mediate assistance and supply. We are heartily sorry that your poverty in the necessary article in question, prevents you from availing yourself of the advantages of situation you have lately gained. But be assured, sir, we have not powder enough for the necessary defence of this Colony ; especially if any disaster should happen to Gen. Schuyler, which would render it requisite to give additional strength and security to the northern parts of this Colony, the in- habitants of which at this juncture are most sparingly sup- plied with arms and ammunition. We shall immediately forward a copy of your letter to the Continental Congress, and write to them on the subject ; the quantity of powder transported from Long island to New-London was 8 tons as we have been informed ; perhaps an application to that Colony might prove successful. " We are, sir, most respectfully, " Your most obedient, hum. servts. " By order. "To His Excellency Gen. Washington." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. A draft of a letter to the Delegates of this Colony at Continental Congress, was read and approved of, and is in the words following, to wit : " Committee or Safett, } " For the Colony of New-York, > " 9th Sept. 1775. J " Gentlemen — We enclose you a copy of a letter which we have this day received from Gen. Washington, to which we beg leave to refer you. As the general stands in need of a supply of gunpowder, and as we are informed that a con- siderable quantity has lately been received in Philadel- phia, we doubt not you will forward as much as can be spared for this necessary service. We have about eight hundred weight in our magazine, which we would willing- ly part with if our citizens had a supply ; be assured we shall be attentive to every requisition from the general. We beg leave to inform you that a commission is wanting for Deputy-Adjutant Fleming, who has proceeded upon the service. You will be pleased to furnish us with it, that it may be forwarded to him. " The first commission which we received for that ap- pointment, was filled up for a gentleman whose affairs would not permit him to accept it, and it is since returned to us. We are informed that the blank commissions with which Gen. Washington has been furnished, have been made use of. Gen. Schuyler has not been supplied with any for this department ; we request you will be pleased to furnish us with four hundred. Some time since we forwarded to the camp at Cambridge, nineteen hundred and fifty-five pounds of gunpowder ; we submit it to you, whether it would not be proper to replace us that quantity from Philadelphia, as we know not what demand there may be for that article from Gen. Schuyler. " We are, gentlemen, " Your most humble servants, " By order of the committee, " ABM. BRASHER. " To the Delegates of the Colony of New-York, Philadelphia." Ordered, That a copy thereof be engrossed and signed 144 JOURNAL OF THE COMMITTEE OF SAFETY. by the chairman pro tempore, and, together with a copy of the letter from Gen. Washington, be transmitted. A draft of a certificate to Robert C. Livingston, was read and approved of, and is in the words following, to wit : "Committee of Safety, for the Colony of New-York, "I " During the recess of the Provincial Congress, I " At the city of New- York. ( " September 9th, 1775. J " Robert C. Livingston. Esq. of this city, several days ago informed this Committee of his intention to go to Bri- tain for the recovery of his health, at present very much impaired. " The Committee firmly persuaded of his attachment to the liberties of this country, approve of his intended voy- age, wish him the restoration of his health, and a happy return to his native country. " By order of the committee." Ordered, That a copy thereof be engrossed and signed by the Chairman, and attested by the Secretaries, and deli- vered to Mr. Livingston. The Committee adjourned till Monday afternoon, 4 o'- clock. MONDAY, 4 o'clock, p. m. September l\th, 1775. The Committee met pursuant to adjournment, but for want of a sufficient number of members, adjourned till to- morrow morning at 9 o'clock. TUESDAY, 9 o'clock, a. m. September \2th, 1775. The Committee met pursuant to adjournment. Present— John Haring, Esq. Chairman, and Commissioner for Orange county Col. McDougall, Mr. Hallett, Mr. Beekman, Col. Lispenard, J ohn Van Cortland t, Mr. Scott— New-York. Mr. Williams, Mr. Van Derderbilt— Kings. Mr. Tom — Queens. Mr. Livingston — Dutchess. Mr. Foster— Suffolk. Mr. Roosevelt — Ulster. Mr. Sears — Tryon. Major Williams — Cumberland. The Committee proceeded to the examination of the letters and papers of George Bethune, Esq. who is now at the door, in custody of the persons employed by this Committee to seize his person and papers agreeable to the order of this Committee of the 8 inst. A letter from Robert Donkin, aid-de-camp, of the 8th October, 1775, directed to Col. Cleveland, was read ; he thereby directs Mr. Bethune may have liberty to go into the south battery and mark his own ten pieces of cannon, and that they may be placed in such order as he shall direct. A letter from Joycelyn Felthausen, lieutenant 26th re- giment, to " Waterhouse, Esq. was read and filed. He therein applies for the purchase of a horse and sulky for Mr. Stephens of Amboy. A letter of the 11th August last, from Mr. Brimmer to George Bethune, was read. A letter of the 19th August last, from the said George Brimmer to the said George Bethune, was read. He therein mentions that bills are at 15 percent discount, and that he will transmit him a bill of exchange. A copy of a letter from the said George Bethune to Mr. Samuel Waterhouse, of the 8th July last, was read. He therein mentioned that he is well settled at Jamaica, and that the whole country are remarkable for their attachment to good government. A copy of a letter from George Bethune of the 10th July last, to Mr. Samuel Prince, mentioning several bills of exchange, and that he had sent a bill to Billy Simpson to be negotiated, was read. A copy of a letter from George Bethune of 27th July last, to Messrs. Lane, Son & Frazer of London, relating to money in the public funds, was read. A letter from George Bethune to Messrs. Lane, Son & Frazer, of the 12lh May, 1775, was read. Another letter from George Bethune to Joseph Waldo, of the fourteenth May, 1775, was read. Mr. George Bethune being called in and heard, gave his promise parol on his honour, to return and deliver him- self up to the Congress of this Colony or the Committee, on notice, when requested, and he is discharged for the present. Maj. Ethrington attending at the door, was called in. He produced a certificate of his parol of honour as a gentleman and a soldier, that he will not lake arms for twelve months, or give any information to the army or na- vy, which was read. Maj. Ethrington declared that he is going immediately to Philadelphia. Thereupon, Maj. Ethrington was dis- charged. Capt. William Kelly of the 2nd battalion of His Ma- jesty's Royal American regiment, attending at the door, was brought in. He was asked if he would give the like obligations to this Committee which Maj. Ethrington gave to the committee at Philadelphia. Mr. Kelly agreed to give the like engagement, and deliver it in writing this afternoon, on which he is permitted to go at large 'till the afternoon. Mr. Kelly delivered in his engagement, by him signed, which was read and filed, and is in the words following, to wit : " I, William Kelly, captain in the second battalion of His Majesty's Royal American regiment, a prisoner in the power of the Committee of Safety for the Province of New- York, and being kindly treated and protected by them, and enlarged on parol, do hereby solemnly promise and engage, on the honour of a soldier and a gentleman, that I will not bear arms against the American United Co- lonies, in any manner whatever, for the space of twelve months, or until I may be exchanged ; nor will I, during that time, take any measures to give intelligence to Gen. Gage or the British Ministry, or to any person or persons whatsoever, relative to American affairs. Also, in case this my parol is not accepted in exchange for any officer of equal rank in the American service, who may be taken prisoner by the British troops, I do hereby, in such case, on notice, promise to repair to, and give myself up to the said Committee of Safety, as a prisoner. " WM. KELLY. " New-York, 12th Sept. 1775." A copy thereof with a certificate, signed by the Chair- man, was delivered to Capt. Kelly; which certificate is in the words following, to wit : " These are to certify to all persons to whom these pre- sents may appear, that the above writing, is a true copy of the parol of honour given by the bearer, Capt. Kelly, of the second battalion of the Royal American regiment, to the Committee of Safety for the Colony of New- York. It therefore is recommended to such persons, that the said Capt. Kelly be permitted to pass where his business may lead him, without any hindrance or molestation. " By order of the Committee of Safety. " New-York, 12th, Sept. 1775." A draft of a letter to the Delegates for the Colony of Massachusetts Bay concerning George Bethune, was read and approved of, and is in the words following, to wit : " In Committee of Safety 1 " For the Colony of New- York, > " Sept. 12th, 1775. ) " Gentlemen — Mr. George Bethune, a gentleman from the town of Boston, has resided with his family in Queens county on Long-Island, since some time in May last. He JOURNAL OF THE COMMITTEE OF SAFETY. 145 has long been suspected as friendly to ministerial mea- sures ;* we have had him before us, but the evidence not being sufficiently full to enable us to proceed judicially against him, we have dismissed him for the present upon his parol to be ready at our call, and given him leave to write to you for a certificate in his favour if he can ob- tain it. We informed him also of our intention to write to you for his true political character ; which we beg you will be pleased to give us without delay, as it may be the means of enabling us to deal properly with him, if we should think it necessary to convene him before us again. " We are, gent, with great respect, " Your most obedt. hum. servants, " By order. " To Ihe Gentlemen, Delegates in Congress for Massachusetts Bay." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. A proposal from James Byers of this city, brass-found- er, for making any number of brass field pieces for the use of this Colony at the rate of four shillings per pound, being read. Resolved, That this committee do agree with the said James Byers to take of him such brass field pieces, six pounders and of good proof, to the number of five, as he shall make at the rate of four shillings per pound, provided the weight of each piece does not exceed 6501b. Ordered, That the Capts. Rutgers, Tudor and Dennis be requested to superintend the casting and proving of the said field pieces. Ordered, That the doorkeeper wait on Mr. Theophi- lact Bache and request him to attend this Committee with- out delay. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of the Provincial Congress of this Colony, pay unto Abraham P. Lott, Esq. or his order, the sum of one hun- dred and fifty pounds on account towards defraying the expenses of removing the cannon from this city to King's Bridge. Ordered, That Samuel Wells, Esq. of Cumberland county, be requested to attend before this Committee of Safety at five o'clock this afternoon. The Committee adjourned till 4 o'clock this afternoon. Tuesday, 4 ho. P. M. Sept. 12th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Messrs. Scott, Hallett, Van Cortlandt, Col. McDougall — New-York. Mr. Roosevelt — Suffolk. Mr. Livingston — Dutchess. Messrs. Tom and Lawrence — Queens. Mr. Williams — Kings. Mr. Foster— Suffolk. Maj. Williams — Cumberland. Mr. Sears — Tryon. Samuel Wells, Esq. according to order, attending at the door was called and examined. Says, " That no arms were sent to Cumberland county by government — did hear that Gov. Colden applied to Gen. Gage for arms, and heard the arms came — but the affair at Lexington put an end to it — of the £1,000 granted for Cumberland county, £200 of the money has been received — it was employed to re- imburse the sheriff and Mr. Gale, the expense of them- selves and the other prisoners and expresses — heard the arms were put on board of the King's Fisher — has forgot how he heard it, and does not know how they were dis- posed of." A letter from Gilbert Drake, chairman of the committee of Westchester, of the 11th inst. was read and filed, and is in the words following, to wit : * The words in italic are omitted or rather obliterated in one of the originals on the files. 37 "White Plains, Sept. 11th, 1775. " Gentlemen — None of the inhabitants of the manor of Fordham or West Farms having appeared to support the allegations of their petition, the consideration of which you referred to us, we have appointed a sub-committee to inquire into the matter and report to us at our next meet- ing, how they find the case circumstanced. Complaints having been made to this committee that an independent company is now forming in this county, and that the person who is most active about raising the com- pany expects a commission from the Committee of Safety this week, we are induced to request that no commission for independent companies may be given out for this coun- ty, as it will make the raising of minute companies exceed- ingly difficult, if not impossible, and put the county into great confusion. " We enclose you the affidavit of Mr. William Hadley, one of our committee, a man of unblemished character, re- specting the conduct of John Cock, who was chosen a captain by the inhabitants of the Yonkers. Affidavits will also be forwarded as soon as possible, of Mr. Cock's speak- ing very disrespectfully of the Congress. " If the Committee of Safety are of opinion that it is improper to give Mr. Cock a commission, we submit whether it will not be necessary to acquaint those of our body who live in the Yonkers therewith, that they may proceed to a new election. " We inclose a list of the field officers nominated by the committee of this county, which we beg leave to recom- mend to the Provincial Congress as persons properly quali- fied for the several places for which they are nominated. " We are, gentlemen, " Your most humble servants, " By order of the committee, "GILBT. DRAKE, Chairman. "To John Haring, Esq. Chairman of the Committee of Safety, at New- York " An affidavit of William Hadley, therein enclosed was also read and filed, and is in the words following, to wit : " Westchester County, ss. — William Hadley, of the said county, yeoman, personally appeared before the com- mittee of safety for the county aforesaid, and being duly sworn on the Holy Evangelists of the Almighty God, saith that he the deponent being appointed one of the sub-com- mittee for the superintending the signing of the general as- sociation of this Province, carried the same to one John Cock, of the Yonkers, in said county, and asked the said John Cock to sign the same ; he, the said John Cock tak- ing the pen in his hand uttered the following words, viz : " I sign this with my hand, but not with my heart, for I would not have signed it had it not been for my wife and family's sake," and this he several times repeated in the hearing of him the deponent. And further the said de- ponent saith not. "WILLIAM HADLEY. " Sworn the 11th Sept. 1775, ) before me. > "Gilbt. Drake." A list of the field officers for the different regiments in Westchester county, sent in by the committee of West- chester county in the said letter, was read and filed. Ordered, That Messrs. Jacobus Van Zandt, Henry Remsen and Lewis Pintard, be a committee to employ a vessel and despatch her with proper directions to purchase gunpowder and arms. And, Ordered, That those gentlemen be supplied with four thousand pounds by Peter V. B. Livingston, Esq. Trea- surer of the Congress of this Colony for that purpose, and that a certified copy of this entry be a sufficient warrant to the said Peter V. B. Livingston, Esq. as Treasurer as aforesaid, to deliver to the gentlemen above named the sum of four thousand pounds for the purposes above mentioned. Ordered, That Mr. Gabriel W. Ludlow, be requested to deliver 1001b. of gunpowder to Col. Lasher, for the use of 146 JOURNAL OF THE COMMITTEE OF SAFETY. the minute men of his battalion, to be by Col. Lasher dis- tributed and delivered to his minute men gratis, in such quantities, and at such times when they are ordered on ser- vice, as Col. Lasher shall think necessary. Committee adjourned to 9 o'clock to-morrow morning. DIE MERCURII, 9 ho. a. m. September mh, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Joseph Hallett, James Beekman, Isaac Sears, Isaac Roosevelt — New- York. Francis Nicoll — Albany. Gilbert Livingston — Dutchess. William Paulding — Westchester. Isaac Roosevelt — Ulster. Aaron Cortelyou — Richmond. Henry Williams — Kings. Nathaniel Tom — Queens. John Foster and John Sloss Hobart— Suffolk. Isaac Sears — Tryon. William Williams — Cumberland. Aletter from the committee of South-Hampton and East- Holdston, dated at East-Hampton, on the 9th inst. was read and filed, and is in the words following, to wit : " Bridgehampton, Sept. 9th, 1775. " Gentlemen — Your favour of the 25th August we duly received and note the contents. We would cheerful- ly comply with your request in respect to raising two com- panies of minute men for the defence of the stock at Montauk, but we think it entirely out of our power, as we are but a small number of people here ; and a con- siderable part of our strength is already gone in the ser- vice. We have called a meeting of the joint committee of South and East-Hampton, this day, and have voted to call our militia together in the second battalion, in order to en- list a company if possible, to send directly off to Montauk, as it is at present without even a soldier to guard it, and we are fearful we shall not have sufficient ammunition amongst us to fix out one company ; and should General Gage's troops come upon us in this destitute condition we shall be absolutely under the disagreeable necessity of com- plying with their terms. Therefore, gentlemen, we must beg the favour that we may have two companies sent here as soon as possible. It is the opinion of Gen. Wooster that we are in the most defenceless condition of any part of this Continent. "By order of the committee. " DAVID PEIRSON, Chairman:' A draft of a letter in answer to the committees of South- Hampton and East-Hampton, was read and approved of, and is in the words following, to wit : " New-York, Sept. 13th, 1775. " Sir — Your favour of the 9th current in behalf of the united committees of East and South-Hampton came to hand this morning, in answer to which we advise that a number of men not exceeding twenty-five, be placed upon Montauk, with orders to drive the cattle off in case a fleet from Boston should arrive to rob at that end of the island again. We recommend it to you to be diligent in embody- ing your minute men, that should an attack be made upon any part of your county they may be ready to march im- mediately. You will see by the regulations which the Congress have published for the militia, that the minute men, when called out to service, will be upon Continental p a y- "We can say nothing to you on the subject of ammuni- tion, further than that we are not able to supply you with any. " We are your humble servants. " By order of the Committee of Safety." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. William Ritchie requests permission from the Commit- tee of Safety to employ a small vessel commanded by him- self in carrying provisions and such articles as may be wanted at the camp from this port, to be landed at Dart- mouth, Sandwich, or such port as he may find most safe and convenient. Ordered, That Mr. William Ritchie be at liberty to em- ploy a small vessel commanded by himself in conveying such articles (except provisions) as may be wanted at the camp at Cambridge, to be landed at Dartmouth, Sandwich, or such other port as he may find most safe and conve- nient. A letter from Captain John Hulbert, dated at South- Hampton, on the 9th September inst. was read and filed, and is in the words following, to wit : " South-Hampton, Sept. 9th, 1775. " Gentlemen — I would inform you that I marched with my company from Montauk, the 7th inst.; am preparing to march and shall set off by the middle of next week. " My company will want a number of guns, as the in- habitants that supplied them will not let them go away, pleading the want of them themselves. I give you this timely notice that the company may not be detained long when we come to New-York, &c. " I am gentlemen, your hum. servt. "JOHN HULBERT. " Peter V. B. Livingston, Esq." Ordered, That Peter V. B. Livingston, Esq. as Trea- surer, to pay to Henry Roome three hundred and twenty- five pounds for his account, as audited for pork bought by order of the committee of the city of New-York, and for- warded to Ticonderoga. Ordered, That Gen. Wooster be requested to order a full company of the troops under his command to proceed to the fortifications erecting on the banks of Hudson's river in the Highlands, to be there employed in erecting and guard- ing the same in obedience to the order of the Continental Congress, and to be under the directions of the agents ap- pointed for that purpose by the Provincial Congress at New-York. The Committee adjourned till 9 o'clock to-morrow morning. DIE JOVIS, 9 HO. A. M. September 14/A, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Joseph Hallett, James Beekman, John Van Cortlandt, Jacobus Van Zandt, Alexander McDougall, Abraham Brasher, Isaac Roosevelt — For the city and county of New-York. Francis Nicoll — Albany. Gilbert Livingston — Dutchess. William Paulding — Westchester. Issac Roosevelt — Ulster. Aaron Cortelyou — Richmond. Henry Williams — Kings. John Foster, John Sloss Hobart — Suffolk. Isaac Sears — Tryon. William Williams — Cumberland. Ordered, That Mr. Gabriel W. Ludlow deliver to Mr. Ebenezcr Piatt 100 pounds of gunpowder, for the use of the people in Suffolk county, on receiving the cash for the same. Ordered, That Peter Van Brugh Livingston, Esq. aa treasurer of the Provincial Congress of this Colony, pay unto Messrs. Henry Remsen, Lewis Pintard, Thomas Marston, Jacobus Leffertse and Gabriel W. Ludlow, or either of them, the sub-committee appointed by the gene- ral committee of the city and county of New- York for the purpose of borrowing money for defraying the public exi- JOURNAL OF THE COMMITTEE OF SAFETY. 147 gencies of this Colony, the sum of one thousand seven hundred and sixteen pounds three shillings and eight pence, to enable the said sub-committee to discharge the moneys borrowed of several of the inhabitants of the said city for the purpose aforesaid, and that the said Treasurer take a re- ceipt from the said sub-committee, or either of them, for the same. Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of the Congress of this Colony, pay to Mr. Ro- bert Ray the sum of seventy-eight pounds, to be applied to pay and discharge the cartmen and others, for carting guns to King's Bridge ; that being the amount of an ac- count now brought in audited, on which a copy of this mi- nute is entered. A letter from Richard Woodhull and Samuel Thomp- son, committeemen at Brookhaven, was read and filed, and is in the words following, to wit : " Gentlemen of the Congress : " We beg the favour of you to send us a few lines from under your hands, to let us know whether it is our business to attend to the choosing of the non-com- missioned officers by the military company, or whether it is the prerogative of the commissioned officers to appoint, from time to time, such persons as they shall think most proper to serve in the militia as sergeants, corporals, drum- mer, fifer and clerk. "RICHARD WOODHULL, " SAMUEL THOMPSON, " Committeemen. "Brookhaven, Uth Sept. 1775. ' To the Congress at New-York." A draft of a letter to Richard Woodhull and Samuel Thompson, was read and approved, and is in the words following, to wit : "New-York, Uth Sept. 1775. " Gentlemen — In answer to yours of the 11th current, we can only inform you that the resolution of the Congress directs that all the officers of a company as well commis- sioned as non-commissioned, are to be chosen by the men who compose the company. " We are your humble servants, "By order of the Committee." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. The resolutions of the committee of Cambridge, Hosac and Bennington, on the third and seventh days of August last, were read and filed, and are in the words following, to wit : " At a meeting of the committee of the districts of Cam- bridge, Hosac and Bennington, held at Mr. Waite's, in Wallumscock, on Thursday the 3d of August, 1775, vot- ed, viz : " 1st. Chose Mr. Nathan Clark, chairman. " 2d. Moses Robinson, clerk. " 3d. Voted that it is the opinion of this committee that the civil law be continued as heretofore, and that they will do what they can to encourage the same, by assisting offi- cers to officiate in their respective offices, as circumstances may call for, until the Continental or Provincial Congress shall see fit to advise otherwise. " 4th. To adjourn this meeting till Monday the 7th inst. at 10 o'clock in the forenoon, to the house of Mr. John Rensselaer, in St. Coick." " Being met at time appointed, " 1st. Chose Capt. John Wood, chairman. " 2d. Having taken into consideration the alarming af- fair that lately happened in this place, which occasioned the death of one man and another wounded, we find that certain wicked and vicious persons, to gratify their revenge of a certain private quarrel, seduced others, under a pre- tence of defending the county's liberty, to join them in night walking, house breaking and assaulting men's per- sons in a violent manner, and on mature deliberation had on the premises, came to the following resolutions : " 1st. That we disapprove and protest against all such unlawful assemblies on any such occasion, unless judged necessary by the major part of the committee of the said town or district. " 2d. That the law have its full power against all such offenders, as heretofore. " 3d. That we will assist magistrates and constables in the due execution of their offices, as occasion may call for or require, until the sense of our Continental or Provincial Convention can be obtained, whose advice and direction in this important affair we most earnestly implore. "4th. That if any person is suspected to be a tory or an enemy to his country, they are to be complained of to the committee of the district or town in which such person or persons may reside. And that said committee cite said person or persons to come before them, and the complainant also, is to then appear, with his evidence, for trial. JOHN WOOD, Chairman. " Sancoyack, August 7th, 1775." A letter to the said committee of Cambridge, Hosac and Bennington, was read and approved, and is in the words fol- lowing, to wit : In Committee of Safety, i " During the recess of Congress, > " For the Colony of New- York. ) " Gentlemen — We have received your resolutions of the third and seventh of August, and are very glad to ob- serve your determinations to assist and support the civil magistrates in the execution of their offices. We are firmly persuaded that you will exert yourselves to prevent all un- lawful riots, and protect all those who have signed the as- sociation, in their persons and properties, and the courts in the full exercise of their powers in the administration of justice. " We are, gentlemen, your humble servants. " By order. " New-York, Sept, Uth, 1775. " To the committee of Cambridge, Hosac and Bennington." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. The Committee adjourned till 4 o'clock in the afternoon. Die Jovis, 4 ho. P. M. Sept. 14, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Joseph Hallett, James Beekman, Col. McDougall, Jacobus Van Zand t — Ne w- York. Francis Nicoll — Albany. Gilbert Livingston — Dutchess. Aaron Cortelyou — Richmond. John Foster, John Sloss Hobarl — Queens. Isaac Sears — Tryon. William Williams — Cumberland. Mr. Elias Nixon, of the city of New-York, merchant, having occasion to go into Boston to obtain payment of moneys due to him, has requested our permission to pro- ceed there. The Committee hereby signify their consent to Mr. Nixon's going to Boston ; and the Committee being, by several of their present members, well informed and as- sured that Mr. Nixon has on all occasions shown himself a warm and zealous friend to the liberties of his country, and approved himself a good citizen, do recommend him accordingly. The residue of this afternoon was spent in considering and examining sundry accounts on which the committee of accounts desired advice, and in filling up some military commissions. The Committee adjourned to 9 o'clock to-morrow morn- ing. 148 JOURNAL OF THE COMMITTEE OF SAFETY. DIE VENERIS, 9 ho. a. m. September 15th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Mr. Beeknian, Mr. Van Zandt, Col. Lispenard, Col. McDougall, Mr. John Van Cortlandt — New-York. Major Nicoll — Albany. Gilbert Livingston — Dutchess. William Paulding — Westchester. Aaron Cortelyou — Richmond. Henry Williams — Kings. John Sloss Hobart — Suffolk. William Williams — Cumberland. Ordered, That Adolph Waldron at Brookland ferry de- liver to John Cornell the horse of the said Cornell left at Mr. Waldron's stable by George Nicholson. And Ordered, That the said George Cornell and George Nicholson attend on this Committee immediately. Mr. John Griffith, by reason of the indisposition of his family, having declined going to view the lead mines : Ordered, That John McDonald be furnished with five dollars to enable him to proceed to Thomas Palmer's at Newborough, to examine the lead mines claimed by the said Palmer or belonging to him, and report the value and state of said mines to this Committee, and account to this Committee how the said money shall be expended, and pay the balance to this committee or their order when demand- ed ; and that a letter be wrote to the said Thomas Palmer on that subject. And Ordered, That Peter V. B. Livingston, Esq. advance 40s. to the said John McDonald and take his receipt for the same. A draft of a letter to the said Thomas Palmer was read and approved, and is in the words following, to wit : "In Committee of Safety, for the Colony of) " New-York during the recess of Congress, > " Sept. 15th, 1775. ) " Mr. Thomas Palmer, " Sir — We have been informed that you are proprietor of a lead mine which you esteem valuable, and that you wanted a proper person to work, manage and di- rect the same. " In confidence that our information is true, we send to you the bearer, Mr. John McDonald, who came here well recommended as a good artist in lead mines, and a proper judge of the appearances and value of such mines. " If your mine is valuable and you should think fit to open and work it, we will contract with you for a consi- derable quantity at such price as may be reasonable. " We are, sir, your humble servants, " By order of the Committee." Ordered, That a copy thereof be engrossed and signed by the Chairman of the Committee, and transmitted. John Cornell and George Nicholson attending at the door, were called in and heard. Ordered, That John Cornell's horse be delivered to him but that he shall not be entitled to any horse hire or pay for the use of his horse ; and agreed that Mr. Wal- dron ought to be paid for keeping the said horse, and that Mr. Henry Williams call on Mr. Waldron and pay him and bring in the account to this Committee. Mr. Hobert moved, and was seconded by Mr. Henry Williams, that commissions be immediately issued to Capt. Anthony Rutger's company of artillery. The ques- tion being put thereon was carried in the negative. Ordered, That Col. Lasher be requested to cause a re- turn to be made and delivered to this Committee, of the officers of his battalion with all convenient speed, in order to be commissioned. A letter from the Friends or people usually called Qua- kers, was read and filed. They thereby allege that they cannot make a return to this Committee of all their males from sixteen to sixty, consistent with their religious prin- ciples. Ordered, That the said letter be reserved for the con- sideration of the Provincial Congress. The Committee adjourned to 4 o'clock in the afternoon. Die Veneris, 4 ho. P. M. Sept. \5lh, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Messrs. Hallett, Van Zandt, John Van Cortlandt, Beekman — New- York. Maj. Nicoll — Albany. William Paulding — Westchester. Col. Cortelyou — Richmond. Mr. Hobart— Suffolk. Mr. William Williams — Cumberland. The Committee unanimously agreed to consider their or- der of the twelfth inst. appointing a committee to procure gunpowder and arms, and after some time spent therein, they agreed to continue the said order with the following amendments, to wit : Ordered, That Messrs. Jacobus Van Zandt, Henry Remsen and Lewis Pintard be a committee to employ a vessel and despatch her with proper directions to purchase gunpowder and arms. And Ordered, That those gentlemen be supplied with four thousand pounds by Peter V. B. Livingston, Esq. Trea- surer of the Congress of this Colony, for that purpose. And Ordered, That those gentlemen give directions to pur- chase muskets and not more than seven hundred, if pow- der can be obtained, and to invest the residue of the mo- ney in gunpowder ; and if muskets are not to be obtained then to lay out the whole money in gunpowder ; if no gun- powder is to be had, that they direct the whole money to be laid out in muskets ; if neither gunpowder or muskets are to be obtained, that they direct the whole money to be laid out in saltpetre ; if saltpetre cannot be purchased, that they direct twenty tons of lead to be purchased and the residue of the money invested in 2^ and 3 point blankets fit for a soldier to cover himself with or wrap himself in ; and if blankets cannot be procured, that they direct the money to be invested in such coarse woollens as are fit for soldiers coats, the cloths to be blue, brown or drab co- lours. And Ordered, That a certified copy of this entry be a suffi- cient warrant to the said Peter Van Brugh Livingston, Esq. as Treasurer as aforesaid, to deliver to the gentlemen before named the. sum of four thousand pounds for the pur- poses above mentioned. The Committee then resumed the consideration of their resolve or order of the 12th inst. for making of five brass field pieces, and after some lime spent therein and on ex- amination of the accounts of the sundry charges of the brass gun already made, the committee conceived 4s. per pound too high a price for brass guns. Ordered, That Mr. Van Zandt treat with James Byers on that subject. George Nicholson having requested that this Committee might apply to Thomas Johnson, William Paca and Sa- muel Chase, Esqs. Delegates from Maryland, for his cha- racter, a draft of a letter was read and approved and is is the words following, to wit : " In Committee of Safety, for the Colony of New- York, 1 " During the recess of the Congress, > "New-York, Sept. 15th, 1775.) " G entlemen — A stranger who calls himself Dr. George Nicholson is now in this city. He has given some impor- tant intelligence which has raised him some enemies here. " He tells us, gentlemen, that you are acquainted with him, and he has requested us to write to you for his cha- racter, as we would choose to be well informed with re- JOURNAL OF THE COMMITTEE OF SAFETY. 149 spect to this gentleman's character, that his information may have its proper weight. " We therefore pray you to let us know by a line, his true political character, and whatdependance we may have on his veracity. " We are, gentlemen, " With great respect, " Your most obedient humble servants, " By order of the Committee. " To Thomas Johnson, William Paca and Samuel Chase, Esqs. Delegates from the Colony of Maryland, at Congress, Philsdelphia." Ordered, That a copy thereof be engrossed, and signed by the Chairman of the Committee, and Iransmitted. The Committee adjourned till nine o'clock, to-morrow morning. DIE SABBATI, 9 ho. a. m. September mh, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Messrs. Van Zandt, McDougall, Roosevelt — New-York, 4. Maj. Nicoll — Albany, 3. Gilbert Livingston — Dutchess, 2. Mr. Paulding — Westchester, 2. Isaac Roosevelt — Ulster, 2. Col. Cortelyou— Richmond, 2. Mr. Henry Williams— Kings, 2. John Foster, John Sloss Hobart— Suffolk, 2. David Watkins— Charlotte, 2. William Williams— Cumberland, 2. Ordered, That Peter T. Curtenius call on Capt. Beau- man and receive from him five small arms, which were ta- ken from on board of the North river sloop seized by Col. Lasher, that he have them valued and put in proper order for the use of the troops raised by this Colony. A letter from Brig. Gen. Wooster, of this day, was read and filed, and is in the words following, to wit : " Camp at Harlem, ) " September 15th, 1775. 5 " Sir — I have before me the order of the Provincial Congress of the 13th inst. directing me to order a full company of the troops under my command to proceed to the fortifications erecting on the banks of Hudson's river, in the Highlands, to be employed there in erecting and guarding the same, in obedience to the order of the Con- tinental Congress, &c. I have lately received instructions from Gen. Washington, consistent with which, I can not disperse my troops, unless ordered by him, or the Conti- nental Congress ; therefore, think it necessary that the order of the Continental Congress, upon which yours is predicated, should be sent to me, before I can determine whether to order a company to the Highlands or not. I have no objection to employing my troops in any service that shall be judged of public utility, consistent with my orders. " I am, sir, " With truth and regard, " Your most obedient humble servt. "DAVD. WOOSTER. " To Peter Van Brugh Livingston, Esq." A draft of a letter to Brig. Gen. Wooster, was read and approved of, and is in the words following, to wit : " In Committee of Safety, i " During the recess of the Provincial Congress, > "New-York, September 16th, 1775. ) " Sir — In answer to your favour of yesterday, we en- close you the order of the Continental Congress, respect- ing the marching of the troops under your command into this Colony, and the dispersion of them after their arrival, by which you will see that it was expected that those 38 troops should occupy such posts in the Colony, as the Pro- vincial Congress should judge necessary to be taken. " We are, with great respect, sir, " Your most obedient humble servts. " By order of the Committee of Safety. " To Brig. Gen. Wooster." Ordered, That a copy thereof be engrossed and signed by the Chairman, and, together with a certified copy of the resolutions of the Continental Congress of the ICth of June last, be delivered to the general's secretary, now in waiting. In Committee of Safety, 1 For the Colony of New-Y ork, > September 16th, 1775. ) Whereas, a great number of the men enlisted in the Continental service in this Colony are destitute of arms, and in order to carry into execution the resolutions of the Continental Congress, it is absolutely necessary to have those troops armed : And whereas, every method to hire or purchase arms, hitherto attempted, has failed to procure a sufficient number of arms for the said troops, and the on- ly method remaining is to impress arms for their use, Resolved, therefore, That ali such arms as are fit for the use of the troops raised in this Colony, which shall be found in the hands or custody of any person who has not signed the general association in this Colony, shall be im- pressed for the use of the said troops. And Ordered, That the person or persons, who shall have the charge of the carrying this resolution into execution in each county, shall direct all the arms that shall be so im- pressed, to be collected at some place in the county where they are impressed, and there valued and appraised by three indifferent men of reputation of the county, any two of whom agreeing, shall be sufficient to ascertain the price; that an account be kept from whom every musket, gun or firelock, so impressed shall have been taken, and each such gun, musket or firelock caused to be marked with the initial letter of the name of the county where it is im- pressed and numbered, the numbers following each other successively, and that the same be entered in a book pro- vided for that purpose, with the name of the owner oppo- site to the number marked on each musket, gun or fire- lock respectively. And Ordered, That a certificate, specifying the value and the mark of the musket, gun or firelock, so impressed, appraised and marked, shall be signed by the appraisers and impressers, which shall entitle the owner thereof to receive the appraised value from the Treasurer of the Pro- vincial Congress of this Colony : provided the same be not returned at or before the conclusion of the present un- happy controversy between Great Britain and the united Colonies. And that an account, signed by the said ap- praisers and impressers, of all such muskets, guns and firelocks, so impressed, shall be sent forthwith to the Se- cretaries of the Provincial Congress, or either of them, to be filed. And that all the muskets, guns and firelocks, so impressed on Nassau island be delivered, without de- lay, to Peter T. Curtenius, the Commissary of the Pro- vincial Congress of this Colony, and those that shall be impressed in the other counties of this Colony, to be depo- sited with their respective committees, subject to the order of the said Provincial Congress or Committee of Safety. And Ordered, That the captains of the respective companies of the third regiment of the troops of this Colony who are now in Suffolk county, be authorized to carry these reso- lutions into execution in Queens county. That Col. La- sher be requested to send two or more companies of his battalion to give such assistance in Queens county, as may be necessary, at such time and to such place or places as Col. McDougall and John Sloss Hobart, Esq. shall direct or advise. And Ordered farther, That the Chairmain of the Committee and Capt. Dutcher, with such drafts from the militia as he 150 JOURNAL OF THE COMMITTEE OF SAFETY. shall think necessary, or with the assistance of some of Gen. Wooster's troops, be enabled to carry the said reso- lutions into effect in Westchester county. And that these resolutions be carried into execution in every other county by the chairman of the county committee, with the assis- tance of the militia officers, who are hereby ordered to be aiding therein, with such parts of the militia as each such chairman shall think necessary. And Ordered, That the several persons who shall be dis- armed by virtue of the above resolutions, shall be exempt- ed from doing duty in the militia, as ordered by the Pro- vincial Congress of this Colony- And farther Ordered, That in case any of the non-associators afore- said, shall resist those persons authorized to put these re- solutions into execution, they (the persons hereby autho- rized to put in execution the above resolves) are hereby authorized to repel force by force, and to take into custody such person or persons so resisting, and cause him or them to be brought before this Committee, or the Provincial Congress of this Colony. The Committee adjourned to 9 o'clock to-morrow morn- ing. DIE SOLIS, 9 ho. a. m. September Villi, 1775. The Committee met pursuant to adjournment. Present— Mr. Van Zandt, Col. McDougall — For New- York. Mr. Nicoll— Jllbany. Gilbert Livingston — Dutchess. William Paulding — Westchester. Mr. Henry Williams — Kings. Messrs. Hobart and Foster — Suffolk. Maj. Williams — Cumberland. Mr. Watkins— Charlotte. The Chairman being absent, Mr. Henry Williams was chosen Chairman pro tempore. Mr. William Remsen, of the city of New-York, mer- chant, and Mr. John A. Remsen, of the said city, merchant, each of them a lieutenant in a militia company in this city, intending to proceed to Cambridge, applied for certificates from this Committee. A draft of a certificate for that purpose, was read and approved, and is in the words following, to wit : "In Committee of Safety for the Colony of New-York, } " During the recess of the Congress, > "New-York, Sept Y1th, 1775. ) " To all to whom these presents shall come, or may con- cern : "These are to certify that the bearer, Mr. John A. Remsen of the city of New-York, merchant, who in- tends to proceed as far as the camp at Cambridge, is a gentleman of good character and reputation, and lately elected an officer in one of the militia companies in the city of New- York, in fursuance of the regulations of the Provincial Congress of this Colony, and is esteemed a son of liberty among the friends to their country in this place. " By order of the Committee." Ordered, That a copy thereof be engrossed and signed by the Chairman, and attested by one of the Secretaries, and delivered to the said John A. Remsen ; and that ano- ther certificate, mutatis mutandis, be made and signed by the Chairman, and attested by one of the Secretaries, and delivered to William Remsen. A letter from the chairman of the committee of Rhom- boul's precinct, in Dutchess county, and copies of sundry certificates relating to arms procured for the troops raised in this Colony by the committee of Dutchess county, were read and filed. Ordtred, That the same be postponed till to-morrow morning. Return of officers chosen for beat No. 29, to wit : Samp son Benson, captain; John Meyer, 1st lieutenant; John S ickles, Jun. 2d lieutenant ; Abraham Bussing, ensign, was read. Ordered, That commissions issue. The Committee then adjourned till 9 o'clock to-morrow morning. DIE LVNJE. 9 ho. a. m. September 18th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Mr. Van Zandt, John Van Cortlandt, Col. McDoueall— F or New- York. Maj. Nicoll — Albany. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Henry Williams and Mr. Covenhoven — Kings. Mr. Foster, Mr. Hobart— Suffolk. William Williams — Cumberland. David Watkins — Charlotte. A report of the resolves of the committee of Kingston, in Ulster county, of the fifth inst. and of the report made thereon to the said committee on the sixth inst. were read and filed, and are in the words following, to wit : " At a meeting of the committee of the town of Kingston, on Tuesday the fifth day of September, 1775 : " Egbert Dumond reported to this committee that he was credibly informed that Christian Bergen, Jr's sloop, of Dutchess county, now lying near the east shore of Hud- son's river, is now taking a freight on board, in order to supply the King's troops, or the men of war now lying at New-York. " Resolved, That it be recommended, and it is hereby accordingly recommended that Capt. John Elmendorph, with a sufficient number of men belonging to his company, or any other, go and take the said sloop and bring her to the landing of this town at Roundout creek." " At a meeting of the committee of the town of Kingston, on Wednesday the sixth day of September, 1776. " Capt. John Elmendorph reported to the committee that he and the men who went with him had taken the above said sloop Sarah of Christian Bergen, Jr. and brought her safe to the Esopus landing, agreeable to the above resolve ; and also delivered an inventory of what they found on board the said sloop, to wit : " 2 anchors, and 2 old cables ; 1 old main sheet ; 1 old gib sheet ; 1 small feather bed ; 3 old blankets ; 1 small fire tongs ; 1 small iron pot and trammel ; 6 ropes belong- ing to her sheets, &c. ; 1 small auger ; 1 sheet block. " Ordered, That the above sloop be laid up, and that her rigging and goods above specified be under the care of Mr. Tunis Houghtaling, until such time as it shall be other- wise ordered by the Provincial Congress, the Committee of Safety or this committee ; and that the above proceed- ings be transmitted to the Committee of Safety now sit- ting at New-York. " A true copy from the minutes. "JOSEPH GASHERIE, " Clerk." A letter from the said committee of Kingston, in Ulster county, covering their proceedings relating to Bergh's sloop, was also read and filed. A draft of a letter to the committee of Kingston, in Ulster county, was read and aproved of, and is in the words fol- lowing, to wit : " In Committee of Safety, ) "New-York, September 18th, 1775 $ " Gentlemen — The resolves of the committee of Kings- ton, of fifth current, are before us ; in answer to the letter accompanying the same resolves all we can say is, that a3 the evidence relating to the fact of Bergh's sloop loading, JOURNAL OF THE COMMITTEE OF SAFETY. 151 or intending to load, to supply our enemies, must lay with you, we shall leave the matter entirely to your direction. " We are, gentlemen, your very humble servants. " By order. "To Johannis Sleght, Chairman "of the Committee of Kingston." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. A letter from Gen. Wooster of the 17th inst. was read and filed, and is in the words following, to wit : Camp at Harlem, Sept. 17th, 1775. "Gentlemen — T received your favour of yesterday, en- closing the order of the Continental Congress, and say in answer — the order was given the 16th of June, which was before the Continental forces were properly organized ; since that time the Congress have ordered about two-thirds of my troops to the northward, and should I divide the re- maining few into detached parties, scattered about the country, and any disagreeable consequences should follow from it, as my orders from Gen. Washington are to be here, it might possibly be difficult for me to vindicate my conduct. " I have authority to say that no Provincial Congress can with any propriety interfere in the disposition of Continen- tal troops, much less controul the orders of any general officer. If the Continental Congress or the Commander- in-Chief think proper to employ the whole or part of the troops under my command in erecting and defending bat- teries at the Highlands, or elsewhere, I shall expect their orders direct, and no man will with greater alacrity obey the lawful summons. " I am, sir, with great respect, Your most obedt. humble servt, " DAVD. WOOSTER. " To the Committee of Safety New- York.' Ordered, That certified copies of all the letters between Gen. Wooster and this Committee, relative to his sending up an hundred of his men to assist in erecting the fortifications in the Highlands, and a certified copy of the resolve of the Continental Congress on that subject, be transmitted to the Continental Congress ; and that a letter be wrote to the Continental Congress on that subject. Ordered, That Peter T. Curtenius be desired to pur- chase immediately one hundred pair of pistols and 200 cutlasses, and forward the same to Ticonderoga with all possible despatch. The petition of Daniel Dean and others of Yonkers, praying that John Cock may be appointed their captain, was read and filed. The Committee adjourned to 4 o'clock P. M. 4 ho. P. M. Monday, September \ 8th, 1775. Thefollowing members met pursuant to adjournment, viz: Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Mr. Van Zandt, Col. McDougall— Neva-York. Major Nicoll — ilbany. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Mr. Hobart, Mr. Foster— Suffolk. William Williams — Cumberland. No other members appearing and not having a sufficient number to form the Committee, they agreed to meet here to-morrow morning at nine o'clock ; and the afternoon was spent in filling up commissions for the militia, and in exa- mining the plans and estimate of the expenses of the forti- fications in the Highlands. DIE MARTIS, 9 ho a. m. September 19 th, 1775. The Committee met pursuant to adjournment; Present — John Haring, Esq. Chairman, and Commissioner for Orange county. i Mr. Van Zandt, Mr. Beekman, Col. McDougal, Mr. Scott— Neto- York. Major Nicoll — ilbany. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Henry Williams — Kings. Col. Blackwell — Queens. Mr. Foster and Mr. Hobart— Suffolk. Mr. Williams — Cumberland. Mr. Walkins— Charlotte. Ordered, That the following captains in the 3d regi- ment, to wit, Daniel Griffin, John Hulbert and John Gren- nell do respectively send such arms of their respective companies as need repairs, to the gunsmiths in this city, to be repaired, and that each of the said captains do sign an account certifying the particular repairs made to each gun, musket or firelock in their respective companies, and send the same to this Committee of Safety, or deliver it to the respective gunsmiths who shall have made such repairs. A letter from the Hon. John Hancock of the 1 6th inst. received by express yesterday afternoon, covering a com- mission for Col. Flemming and accompanying 400 blank commissions was read and filed, and is in the words fol- lowing, to wit : Philadelphia, September 16th, 1775. " Sir — Herewith I transmit you a commission for Mr. Flemming, deputy adjutant-general, with the rank of colonel agreeable to the recommendation of your Congress, which I have dated the day of his appointment. " I also forward you four hundred commissions for the officers of your forces under the command of Gen. Schuyler, which you will please to have regularly filled up with the names of those gentlemen who were appointed by your Congress, and transmit them to Gen. Schuyler, to be delivered them. You will observe they are not dated ; you will please to supply the dates according to the time of the appointment of each, as their pay should commence from that time, and as I was not furnished with the list of the names nor the time, was obliged to give you the trouble of completing the commissions. You will please to acknow- ledge the receipt of them. "I have nothing in charge from Congress to communi- cate ; when I have, you shall be early acquainted there- with. " I have the honor to be, with much esteem, sir, " Your most obt. humble servt. " JOHN HANCOCK, President. "Hon. P. V. B. Livingston." A draft of an answer to the Hon. John Hancock was read and approved, and is in the words following, to wit : " In Committee of Safety for the Colony of New- York, } " During the recess of the Congress of this Colony, > " New-York, September 18th, 1775. S "Sir — We gratefully acknowledge your favour of the 16th current, with Col. Flemming's commission, and four hundred blank commissions. " We did not presume, sir, to trouble you with the ma- terials for filling up the commissions, as by your letter of the 27th June, ult. you informed us ' that the subordi- nate officers were to be recommended to the general, to whom commissions from your Congress were sent to be filled up agreeable to such recommendation.' " The commissions for the officers of the troops raised in this Colony, shall be filled up with all possible despatch, agreeable to your directions, and an arrangement long since delivered to Gen. Schuyler, and the residue of the commissions transmitted to the general for the use of his department. " We have the honor to be, with the " Greatest respect and esteem, sir, " Your most obedient humble servts. " By order of the committee." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted by the express from Phi- ladelphia now in waiting. 152 JOURNAL OF THE COMMITTEE OF SAFETY. The estimate of the expenses of erecting fortifications in the Highlands, delivered in yesterday P. M. by B. Romans, was read and filed. A draft of a letter to the Hon. the Continental Congress, to cover three plans and an estimate of the fortifications er- ecting at the Highlands, and the copies of the correspon- dence between this committee and Gen. Wooster on that subject, was read and approved, and is in the words follow- ing, to wit : " In Committee of Safety for the Colony of New- York, 1 " During the recess of the Provincial Congress, > " New-York, Sept, 19th, 1775. ) " Gentlemen — This serves to cover the copies of the different plans of Hudsons' river and the fortifications there begun in obedience to an order of the Hon. the Continen- tal Congress, and an estimate of the expense ; all made by Mr. Romans, the engineer, which, he says, is com- puted at the lowest rate possible, exclusive of the expense of transportation, ropes, and many small incidental charges which cannot well be estimated. " Some of our agents appointed to superintend this bu- siness, conceive that one thousand five hundred pounds will be necessary for incidental charges, gun carriages, &c. besides cannon, which we hope may be supplied with- out purchase. " Gen. Wooster is at Harlem with about 400 men, which appear to us to be unemployed. In obedience to the order of the Hon. Continental Congress of the 16th June last, we thought it our duty to request him to send one full company of his men up to assist in erecting the fortifications, hoping thereby to save a great expense in labour. The general declines sending any of his troops on that service, unless he has a further order from your honou- rable House. We take the liberty to enclose you copies of the correspondence between Gen. Wooster and us on that subject, to which we beg leave to refer. The Congress will, in their wisdom, direct what is best for the general cause, and we will exert ourselves to follow their direc- tions. " We have the honor to be, " With the greatest respect and esteem, " Your most obedient, humble servants. " By order. " To the Hon. the President and Members of the Continental Congress." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted, with the copies therein mentioned. His Worship the Mayor of the city of New-York, attend- ing at the door, was called in, and informed this Commit- tee that His Excellency Gov. Tryon sent for him yesterday and informed him, that he received a letter from Lord Dartmouth, informing him that orders had been given to the commanders of His Majesty's ships in America, that in case any more troops should be raised, or any fortifica- tions erected, or any of His Majesty's stores taken, that the commanders of the ships of war should consider such ci- ties or places in a state of rebellion. A draft of a letter to Beverly Robinson, Esq. was read and approved, and is in the words following, to wit : " In Committee of Safety, > " New-York, Sept. 19th, 1775. $ " Sir — By order of the Continental Congress, founded on the necessities of the present times, the Provincial Con- gress of this Colony has undertaken to erect a fortification on your land, opposite to the West Point, in the Highlands. As the Provincial Congress by no means intend to invade private property, this Committee, in their recess, have thought proper to request you to put a reasonable price upon the whole point of dry land, or island, called Marte- lair's Rock island ; which price, if they approve of it, they are ready to pay you for it. " We are, sir, your humble servants. " To Beverly Rodinson, Esq. at his seat in the Highlands." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. The affadavits of Isaac Green and George Hadley, sworn before Gilbert Drake on the 14th inst. were read and filed. The said affidavits prove that John Cock, lately elected captain of a company of militia, at the Yonkers, in West- chester county, had damned the Provincial Congress of this Colony, and spoke disrespectfully of them. The Committee considering these affidavits, and the former affidavit of George Hadley, and the letter of the committee from Westchester on that subject, are of opi- nion that it is very improper to give John Cock a commis- sion, and that a new election should be held for the officers of that company. Thereupon a draft of a letter to the committee of Yon- kers was read and approved, and is in the words following, to wit : " In Committee of Safety, ) '•' NeivYork, Sept. 19th, 1775. \ " Gentlemen — Having considered your report, and also the report of your county committee, concerning the elec- tion of John Cox as a captain of the company of militia at Yonkers. We have determined him to be disqualified for a commission, not only because at the time of his signing the association he declared it to be an involuntary act, but also because he has spoke most contemptuously of the Provincial Congress. And in order that the other officers in the company may have a chance of promotion, which cannot be done according to the letter of ihe militia regu- lations, you are hereby desired to cause a new election to be made of all the officers of the company, pursuant to the said regulations, taking care to give public notice that the said John Cocks cannot be admitted to any office whatso- ever. " We are respectfully, gentlemen, " Your very humble servants, " By order of the Committee of Safety. " To Frederic V. Cortlandt, Benjamin Drake, Stephen Sneden, Thomas Em- mons, William Betts and William Hadley, at Yonkers, Westchester." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. The committee adjourned to 4 o'clock, P. M. Die Martis, 4 ho. P. M. September 19th, 1775. Present — John Haring, Esq. Chairman — For Orange county. Mr. Scott, Mr. Beekman, Col. McDougall — New-York. Maj. Nicoll — Albany. Mr. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Col. Blackwell — Queens. Mr. Foster and Mr. Hobart — Suffolk. Maj. Williams — Cumberland. Commissions were made and delivered for the following gentlemen, as officers of the company of light horse in Kings county, on Nassau island, to wit : Adolph Wal- dron, captain, Rem. A. Remsen, first lieutenant, William Boerum, second lieutenant, Thomas Everet and Jacob Sebring, Jr. quarter-masters. Pursuant to a return of Elisha Mervin and Archibald Little, inspectors, which is now filed, commissions were made and transmitted for the following gentlemen, as offi- cers of the company of minute men in the precinct of Cornwall, in Orange county, to wit : Thomas Moffit, Esq. captain, Seth Mervin, first lieutenant, James Little, second lieutenant, and Nathan Strong, ensign. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of the Provincial Congress, pay to Thomas Petit, as door-keeper, twenty pounds, and take his receipt for the same, on account of his pay as door-keeper of the Provin- cial Congress. Ordered, That Mr. Joseph Hallett apply to James By- ers, and inform him that the Committee will agree with JOURNAL OF THE COMMITTEE OF SAFETY. 153 him for five brass field pieces, at the price of 3s. 9d. per pound, each field piece to be a six pounder and not to exceed 620 weight. Mr. Byers to run all risks, and to deliver the field pieces well proved. In Committee of Safety, ) New-York, Sept. 19th, 1775. $ Ordered, That Messrs. John Sloss Hobart and Gilbert Livingston be a sub-committee to wait on His Excellency the Governor, to inform him that His Worship the Mayor signified to this Committee, this day, that His Excellency told him he had received a letter from Lord Dartmouth, one of His Majesty's principal Secretaries of State, in- forming him, that orders had been given to the command- ers of His Majesty's ships in America, that in case any more troops should be raised, or any fortifications erected, or any of His Majesty's stores taken, the commanders of the ships of war should consider such cities or places in a state of rebellion ; and to acquaint His Excellency that the terms of their information from Mr. Mayor are extremely ambiguous and require an explanation ; and that, therefore, His Excellency be requested by the said sub-committee to furnish this Committee with an extract of that part of Lord Dartmouth's letter ; and in case he should not be willing to give such extract, that he would be pleased to furnish the said sub-committee with the exact purport of that part of the said letter which relates to the above men- tioned subject. The Committee adjourned to 9 o'clock, to-morrow morning. DIE MERCURII, 9 ho. a. m. September 20th, 1775. The Committee met pursuant to adjournment. Peesent — JohnHaring, Esq. Chairman — For Orange county. Mr. Hallett, Mr. Van Zandt, Mr. Beekman, Col. McDougall — New- York. Maj. Nicoll — Sib any. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Henry Williams — Kings. Col. Blackwell— Queens. Mr. Foster and Mr. Hobart— Suffolk. Maj. Williams — Cumberland. Mr. Watkins— Charlotte. Mr. Joseph Hallett reported that James Byers is ready to agree to make five brass field pieces, six pounders, of good proof and deliver them at 3s. 9d. per pound. Resolved, That this Committee does agree with James Byers for five brass field pieces, six pounders, to be made of the best metal, and full proof, at the rate of 3s. 9c?. per pound, provided the weight of each field piece does not exceed six hundred and twenty weight. And Ordered, That the captains Rutger, Tudor and Dennis be requested to superintend the proving the said brass field pieces. A letter from Walter Livingston, Esq. Deputy Com- missary-General at Albany was read and filed, and is in the words following, to wit : " Albany, September 6th, 1775. "Gentlemen — I lately received a number of gun bar- rels, which were sent by Maj. Gen. Schuyler's orders from the garrisons above, to be stocked, locked and made fit for the service ; as many of them as could be repaired in this city and in Schenectady I have delivered to the armour- ers ; 180 are sent to Connecticut, the remainder were or- dered to be sent to the Provincial Congress ; they shall be sent down and consigned to Mr. Peter T. Curtenius. " Those repaired in this city and Schenectady I cannot with propriety pay for ; I must therefore request the Con- fress will give orders for it. I know of nobody to whom can apply for that purpose, it being in the general's opinion 39 a Provincial charge, ultimately to be paid by the associated Colonies. " The number of barrels sent are 237. " I am, gentlemen, with great respect, " Your obedient humble servant, " WALTER LIVINGSTON, D. C. Genl. " To the Provincial Congress." A letter from the committee of Tryon county, bearing date the seventh current, was read and filed. They there- by inform, that it would greatly oblige the freeholders of the county, if His Excellency the Governor would be pleased to grant the sheriff's commission to John Frey, Esq. for the ensuing year. And they also complain of the insolence of about 200 Highland settlers in that county. An affidavit of William Biddle was read and filed, and is in the words following, to wit : " Cochnawaga, 24th May, 1775. " Then personally appeared before me the subscriber, being one of His Majesty's justices of the peace in the county of Tryon, William Biddle, and then and there made solemn oath on the Holy Evangelists of Almighty God, that about the seventeenth of this instant, being in company with Alexander White, sheriff of the county, that he profanely swore that he would protect and defend all slaves and negroes that would resort to him and put themselves under his protection. " Sworn before me, " JOHN MARLATT, Esq. " A true copy, examined by " John Esenlord, Com. Clk." Three of the members of the committee at Smithtown made a return of the militia officers of the company at Smithtown, and commissions bearing date the 13th current were issued to them accordingly, to wit : to Phililus Smith, captain, Edmund Smith, Jr. first lieutenant, Daniel Tillotson second lieutenant, and Richard Smith ensign. The Committee adjourned to 9 o'clock to-morrow morn- ing. DIE JOVIS, 9 ho. a. m. September 21st, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman — For Orange county. Mr. Van Zandt, Mr. Beekman, Col. McDougall— New-York. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Mr. Roosevelt — Ulster. Mr. Remsen — Kings. Col. Blackwell — Queens. Mr. Hobart, Mr. Foster—Suffolk. Maj. Williams — Cumberland. Mr. Watkins — Charlotte. The petition of David Purdy and John O'Conner was read. Ordered, That Col. McDougall direct John O'Conner, David Purdy and Alexander Bell to be brought before this Committee. Ordered, That the sloop Francis, William Ritchie mas- ter, belonging to Mr. William Lowther, bound for Eden- ton, in North Carolina, be permitted to sail with her lading on board, as reported to this Committee. Ordered, That Mr. Isaac Day be permitted to go on board of the ship Asia to deliver a letter to Capt. Vande- put. Alexander Bell being called in and severely reprimand- ed for his past ill conduct and bad company, and charged to avoid such practices as are, or may be deemed to be, injurious to this country or its liberties, on penalty of such punishment as he may deserve, was thereupon dis- charged. 154 JOURNAL OF THE COMMITTEE OF SAFETY. David Purdy being called in and examined, was repri- manded for his conduct, and charged to conduct himself well for the time to come, and was discharged. John O'Conner was examined and recommitted till the afternoon. The Committee adjourned to 4 o'clock in the after- noon. 4 ho. P. M. Sept. 21s*, 1775. The Committee met pursuant to adjournment. Present— John Haring, Esq. Chairman— For Orange county. Mr. Beekman — New-York. Maj. Nicoll — Albany. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Mr. Remsen — Kings. Col. Blackwell — Queens. Mr. Foster— Suffolk. Maj. Williams— Cumberland. Mr. Watkins— Charlotte. John O'Connor being brought in and examined, says that three Indians were hired to guide him through the woods ; that he went with Whyte to Montreal to get some money of one Bennet, who went with Guy Johnson ; that he knew Bennet went with Guy Johnson, and expect- ed he was at Montreal ; he knew that he went with Guy Johnson ; that he has a brother at Montreal ; that he was the person who carried Sir John Johnson's letter to Whyte on a Sunday evening ; that a negro of Sir John's went with him to Whyte ; that no person at Johnstown, or in Tryon county ever asked him to sign the association, or threatened him in any manner; that he did tell Sir John Johnson that he was threatened and wanted to leave the place ; that he told Sir John so to answer his own private ends ; that Cle- ment and Cone [or Bone] carried the provisions to Whyte ; that he never threatened Mr. Gillelleland. The said John O'Conner was thereupon discharged. The Committee adjourned to nine o'clock to-morrow morning. DIE VENERIS, 9 ho. a. m. September 22d, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman — For Orange county. Mr. Hallett, Mr. Beekman, Col. McDougall, Mr. Brasher — New- York. Mr. Nicoll — Albany. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Mr. Remsen, Mr. Williams— Kings. Col. Blackwell— Queens. Mr. Foster— Suffolk. Maj. Williams — Cumberland. Mr. Watkins— Charlotte. Maj. Nicoll informed the Committee that the commis- sioners for Indian affairs at Albany, having occasion for gunpowder to make presents to the Indians, the committee of Albany had, on application of the said commissioners, spared to them the gunpowder which was lately ordered for the county of Albany, and Maj. Nicoll informed that Albany is entirely destitute of powder. Ordered, That two hundred weight of gunpowder be supplied to Maj. Nicoll, or his order, from the powder mill in Rhinebeck precinct, to be delivered to the com- mittee of the city and county of Albany, and that the said committee pay for the said gunpowder to the manufacturer thereof at the rale of £"20 per hundred. A letter to the Hon. Robert R. Livingston, was read and approved, and is in the words following, to wit : " In Committee of Safety, 1 " For the Colony of New-York, } " Sept. 22d, 1775. ) " Sir — The committee of Albany have spared their small supply of gunpowder to the commissioners for In- dian affairs, and earnestly requested of us an order for 2001b. " We have given an order for two hundred weight at your mill to Maj. Nicoll, or his order. The committee of Albany are to pay for it to you or your order. " We are, most respectfully, sir, " Your very humble servants, " By order of the committee. "To the Hon. Robert R. Livingston, at his seat, Manor of Livingston." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Ordered, That the brigantine Elliot, William Hallock master, now nearly ready to put to sea, be permitted and is hereby permitted to proceed on a whaling voyage. A letter of John Weatherhead, dated the 17th September, put under cover directed to this Committee, was read and filed. He therein mentions sundry reports, which he says have been propagated and are injurious to his character, and declares that said reports are not true. A certificate of Capt. Vandeput, dated the 3d inst. cer- tifying that John Weatherhead did not give him the intel- ligence that the guns were to be removed from the Battery on the 23d ult. was read and filed. A letter from David Pye, Esq. was read and filed, and is in the words following, to wit : " Clarkstown, Sept. 2lst, 1775. " Gentlemen — By the bearer hereof, Mr. Fairchild, the committee here have information of several of Capt. Johnson's men having deserted, and some of them are alrea- dy returned here. The committee will be glad of your advice, how to proceed in apprehending them and sending them again to Albany ; and if any provision will be made to defray the expenses that will accrue in so doing. I have furnished the bearer with a horse, and you may fur- nish the committee with an answer when he returns again. " I am, gent, in behalf of the committee, " Your humble servant, " DAVID PYE. " To the- Committee of Safety, New- York." The Committee adjourned until to-morrow morning 9 o'clock. DIE SABBATI, 9 ho. a. m. September 23d, 1775. The Committee met pursuant to adjournment. Present. — Mr. Hallett, Mr. Van Zandt, Mr. Beekman, Mr. Lispe- nard, Col. McDougall — New-York. Mr. Nicoll — Albany. Gilbert Livingston — Dutchess. Henry Williams — Kings. Col. Blackwell — Queens. Mr. Foster— Suffolk. Maj. Williams — Cumberland. Mr. Watkins— Charlotte. The Chairman being absent, Col. Blackwell was unani- mously elected Chairman pro tempore. A letter from the Hon. John Hancock, President of the Continental Congress, dated the 20th inst. was read and filed, and is in the words following, to wit : " Philadelphia, Sept. 20th, 1775. " Gentlemen — As Gen. Schuyler is engaged in an expedition of immense consequence to the United Colonies, and it being of the last importance that he be properly sup- ported, in order to ensure success, or at least prevent a repulse, I am directed by the Congress to write to you, and direct you immediately to send forward the whole of JOURNAL OF THE COMMITTEE OF SAFETY. 155 the troops ordered to be raised in your Colony, properly equipped, in order to join Gen. Schuyler as soon as possible. " I am, gentlemen, " Your most obedient hum. servt, " JOHN HANCOCK, President. " To the gentlemen of the Provincial Congress or the Committee of Safety, New-York." Ordered, That Mrs. Hingston, now residing at Hallet's Cove, on Nassau island, be permitted to depart this Colo- ny, with her wearing apparel and household furniture, un- molested. A letter from the Delegates of this Colony at Continental Congress, dated the 20th inst. was read and filed, and is in the words following, to wit : " Gentlemen — We have the honour of your favour of the 9th inst. which we instantly communicated to the Con- gress. Deputy-Adjutant Flemming's commission with the rank of colonel, and a number of blanks, which you request, have already been forwarded ; and you may be assured that we shall be attentive to your want of powder, and em- brace every opportunity to supply it. The article of tea gives us real anxiety. We sincerely wish to relieve our suffering fellow citizens by enabling them to dispose of what, so much to their misfortune, lies useless and perishing upon their hands. You cannot be in- sensible of the delicacy of this subject, and how many dif- ficulties we have to struggle with to accomplish your hu- mane request ; whether we shall succeed or not, it is out of oar power to determine ; we are not without hopes, but whatever may be the event, you may rely upon our utmost exertions to obtain the permission which you solicit. " We have the honour to be, gentlemen, " Your most obedient humble servants, "JAMES DTJANE, "JOHN ALSOP, u JOHN JAY " ROBT. R. LIVINGSTON, Je. " FRANS. LEWIS. " Philadelphia, 20th Sept. 1775. " To the Committee of Safety of New- York." A letter from Thomas Johnson, Jr. Samuel Chase and William Paca, Delegates for the Colony of Maryland, dated the 20th inst. was read and filed, and is in the words fol- lowing, to wit : " Philadelphia, 20th Sept. 1775. " Gentlemen — George Nicholson came a stranger into Annapolis, in Maryland, about two years ago, in the cha- racter we believe of doctor, in a ship which imported ser- vants ; he remained in Annapolis and its neighborhood till lately ; he was amongst the first to enrol himself in a com- pany of militia last winter, and has uniformly as far as we have ever understood expressed himself friendly to the cause of American liberty ; as to his veracity or moral character, though he is personally known to each of us, neither of us know of any thing remarkable or particular on either side. " We are, gentlemen, with the greatest respect, " Your most obedient servants, " THS. JOHNSON, Junr. "SAMUEL CHASE, "WM. PACA." Be pleased to have the enclosed letter delivered by a safe hand; it is an answer to his, to Mr. Johnson. The petilion of Chrisiian Bergh, Jr. Adam Bergh, Da- vid Dol, John Dol and Timothy Doughty, praying to be discharged, was read and filed. William Deane of this city, about to proceed to Wil- liamsburgh in Virginia, applied to this Committee for a cer- tificate for himself and John Newport his assistant; where- upon a certificate was given to him in the words following, to wit : " In Committee or Safety for the Colony of New-York, ) " During the recess of the Congress of the Colony, > "New-York, September 23rd, 1775. ) " To all to whom these presents shall come or may concern : " These are to certify, that William Deane, the bearer hereof, who is about to proceed to Williamsburgh, in Vir- ginia, is a citizen of New- York, of good character and re- putation ; that he was the first who signed the general as- sociation in this Colony, and that he is generally esteemed amongst us a son of liberty, and a friend to the rights of this country. The said William Deane proposes also to take with him as an assistant in his present business, James Newport, who is a clerk to Mr. Richard Deane of this city, distiller. " By order of the Committee of Safety. "Attest." A draft of a letter to the Hon. John Hancock, was read and approved, and is in the words following, to wit : " In Committee or Safety for the Colony of New-York, ) " During the recess of their Congress. y " New-York, Sept. 23rd. 1775. ) " Sir — We acknowledge the receipt of your favour of the 20th inst. we beg leave to inform you that the almost in- surmountable difficulty of procuring arms has been the only reason that any of our troops have been delayed. " Before we were enabled to purchase arms very few remained to be purchased ; no pains were spared or expe- dients omitted to procure arms. Only six companies re- main who have not been forwarded ; three of those are now ready, their baggage embarked before the receipt of your letter, and they will proceed immediately. The others we hope to despatch within a week at farthest. " We are respectfully, sir, " Your most obedient servants. "By order. " To the Hon. John Hancock, President, &c." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. A letter from David Pye, Esq. was read and filed. In Committee of Safety, f For the Colony of New- York, > Sept. 23rd, 1775 ) Resolved, That any soldier belonging to the Continental army who shall be absent from his corps in this Colony, wilhout a furlough or discharge from the commanding of- ficer of the regiment or company to which he belongs, shall be deemed a deserter ; and the committee of every county, city, town and precinct within this Colony, are hereby respectively directed to cause each and every such soldier who shall be found in their respective districts, to be apprehended and sent to his or their regiment or com- pany. But if they cannot be informed to what corps such soldier belongs, they are to publish his name and the place where he shall be apprehended, in the newspapers, to the end, that the captain from whom he deserted may be in- formed where he may be found, and the committees above mentioned are also directed to transmit to the Congress or the Committee of Safely of this Colony, for the time be- ing, without delay, an account of the expenses incurred in apprehending, securing and sending such soldier to his corps. Resolved, That if any person in this Colony shall know- ingly harbour or conceal any soldier belonging to the Conti- nental army without his having a furlough or discharge from his commanding officer, or neglect to inform the com- mittee of the district where he resides, of the appearance of such soldier in it, he shall be deemed and treated as an enemy to his country, and be subject to pay all the expen- ses that shall accrue in apprehending and sending such soldier to his corps. It being represented by this committee that Capt. John Hulbert, of the third regiment of the troops raised in this Colony, and Capt. Daniel Griffin of the said regiment with their respective subaltern officers are all in the city of New-York, and unable to proceed to Ticonderoga for want of money to defray their expenses: Resolved und Ordered, That Peter V. B. Livingston, Esq. as Treasurer of this Congress, pay to Capt. John Hulbert, thirty seven pounds six shillings and eight pence, 156 JOURNAL OF THE COMMITTEE OF SAFETY. for two months pay for himself and John Davis and Wil- liam Havens his two subalterns to enable them to proceed to Ticonderoga, or elsewhere to join the army under the command of Gen. Schuyler, and that Mr. Livingston take Capt. Hulbert's receipt for the same sum on account of pay. And Ordered, That Peter Van Brugh Livingston, Esq. pay to Capt. Daniel Griffin, the like sum of thirty-seven pounds six shillings and eight pence, for two months pay for him- self and Benjamin Marvin, and Nathaniel Norton his sub- alterns, to enable them to proceed to join the army afore- said ; and that Mr. Livingston take Capt. Griffin's receipt for the same on account of pay. And Ordered, That Capt. John Hulbert and Capt. Daniel Griffin, do respectively without delay, give information in writing of the moneys by them respectively received by virtue of this order, both to Col. James Clinton of the 3rd regiment, and to Jonathan Trumbull, Jr. Esq. deputy pay- master-general. The Committee adjourned to 9 o'clock to-morrow morn- ing. DIE SOLIS, 9 ho. a. m. September 2Uh, 1775. The Committee met pursuant to adjournment. As no business appears so necessary as to require the committee to go to business, they adjourned to 9 o'clock to-morrow morning. DIE LUNjE, 9 ho. a. m. September 25th, 1775. The Committee met pursuant to adjournment. Present— Messrs. "Van Zandt, Beekman and Brasher— New-York. Major Nicoll — ilbany. Gilbert Livingston — Dutchess. Mr. Roosevelt— Ulster. Henry Williams — Kings. John Foster— Suffolk. The Chairman being absent, Mr. Henry Williams was chosen chairman, pro tempore. Francis James, one of the pilots sent out by order of the Congress to observe any fleet that might be approach- ing any part of this Colony, being returned, gave infor- mation that on the 21st inst. they saw several ships, which came out of Boston harbour, steering westward, and the journal kept on board, was delivered in and filed. There- upon a letter to the committee of East and South-Hampton, was read and approved, and is in the words following, to wit : " In Committee or Safety ) " For the Colony of New-York, > " September 25th, 1775. ) " Gentlemen — One of our boats (employed to watch the motions of the fleet and army at Boston,) is just arriv- ed from the eastward, and inform us, that on the 21st inst. in the morning, off the harbour of Chatham, near Cape Cod, they saw a large ship of war standing to the west- ward ; and about three hours after, they saw four ships, one brig and 1 schooner, all standing the same course, over the shoals. Our boatmen could not, with any safety, go near enough to make a perfect discovery, but we ap- prehend they are part of a fleet destined for Suffolk coun- ty, for the purpose of getting more stock. We give you this notice to the end that you may be prepared to protect the stock and prevent their being taken off, if possible. It is expected by this Board, that all the militia officers, as well those in nomination as those in commission, will attentively obey and execute the orders of the chairman of the committee, and use all their influence in spiriting the men, in protecting the stock, and repelling by force, any hostile acts of the ministerial army and navy. The Colony troops raised in your county, being ordered by the Continental Congress to join the army to the northward without any excuse or delay, you will therefore be under the necessity of acting with redoubled vigilance and reso- lution. Please send copies of this by express, to the committees of Southold and Shelter island. " We are, gentlemen, yours, &c. " To the Chairman of the Committees of East and South Hampton." Ordered, That a copy thereof be engrossed, and sign- ed by the Chairman, and transmitted. A letter from Robert Boyd of the 23d inst. was read and filed. He thereby informs that he will send down some gun barrels in a short time, and attend personally if in his power. The petition of George Nicholson was read and filed. He therein sets forth his former employments as a surgeon and as an officer in the East India service, and his know- ledge of the French tongue, and prays for some employ- ment in the army, or a little support as a volunteer. The petition of Timothy Doughty, John Dob and oth- ers, dated this day, was read and filed; they thereby pray to be heard and discharged. A letter from Ebenezer Hazard, dated this day, was read and filed. He thereby sets forth the necessities of the eastern post-riders, and prays the attention of this Committee to their accounts. The Committee adjourned until 3 o'clock in the after- noon. 3 ho. P. M. September 25th, 1775. Present — John Haring, Esq. Chairman — For Orange county. Messrs. Van Zandt, Beekman, Verplanck, Brasher and McDougall- New-York. Mr. Nicoll— Albany. Mr. Roosevelt— Ulster. Mr. Foster— Suffolk. Gilbert Livingston — Dutchess. Abraham Skinner informed the Committee that the per- sons sent to Jamaica had collected a few arms ; that he saw several people in Queens county mustering and in arms, and apprehends that those gentlemen will meet with opposition, and that they wish to have a battalion sent up from New-York to their assistance. Col. McDougall shewed his directions to Col. Lasher, with relation to sending his troops to Queens county, which were read, and Col. McDougall requested the direction of the Committee whether he should deliver those instruc- tions. A difference of sentiment appearing as to the ad- vice to be given by the Committee, the question was put whether Col. McDougall shall deliver the said orders to Col. Lasher. For the affirmative. For the negative. Dutchess, 2 Albany, 3 Suffolk, 2 Ulster, 2 New-York, 4 — — 5 8 The Committee therefore advised Col. McDougall to carry the resolution of the Committee of Safely into exe- cution ; but that he defer the sending over Col. Lasher's battalion until the Committee hear farther advice from Maj. Williams, and the gentlemen sent to Queens county. And Or dered, That Mr. Benson, one of the Secretaries, pro- ceed to Jaimaca to know the true state of the proceedings of the gentlemen who are there to collect arms. The Committee then adjourned till 9 o'clock to-morrow morning. DIE MARTIS, 9 ho. a. m. September 26th, 1775. The Committee met pursuant to adjournment. Present— John Haring, Esq. Chairman— For Orange county. JOURNAL OF THE COMMITTEE OF SAFETY. 157 Mr. Van Zandt Mr. Beekman, Mr. Hallett, Mr. Thos. Smith, Mr. John Van Cortlandt, Mr. Richard Yates— New- York. Mr. Nicoll — Albany. Gilbert Livingston — Dutchess. Henry Williams — Kings. John Foster— Suffolk. Mr. Williams — Cumberland. Mr. Watkins— Charlotte. Mr. Benson returned from Jamaica, reported that he had seen Maj. "Williams and the other gentlemen at Jamai- ca ; that to prevent mistakes, he had obtained the report of Maj. Williams in writing, which was read and filed, and is in the words following, to wit : " Jamaica, September 25th, 10 o'clock, P. M. " Sir — I have endeavoured, in the towns of Jamaica and Hempstead, to carry the resolutions of the Congress into execution ; but without the assistance of the batta- lion shall not be able to do it to any good purpose ; the people conceal all their arms that are of any value ; many declare they know nothing about the Congress, nor do they care any thing for the orders of the Congress, and say that they would sooner lose their lives, than give up their arms ; and that they would blow any man's brains out that should attempt to take them from them. "We find there are a number of arms that belong to the county in the hands of the people. Some persons are so hardy and daring as to go into the houses of those that are friendly and take away by force those county arms, that our friends have received from the clerk of the county. " We are told that the people have been collecting to- gether, and parading in sundry places armed, and firing their muskets by way of bravado. " We also have it from good authority, that Gov. Col- den yesterday sent his servant round to some of the lead- ing people, advising and directing them to arm and defend themselves and not deliver their arms, in consequence of which, a number of people collecting themselves this morning to retake the few arms we collected yesterday, for some reason did not proceed. " Capt. Hulet of Hempstead told us he had his com- pany together last Monday, and said, had your battalion appeared they should have warmed their sides. " On the whole, had we the battalion we believe we should be able to collect a very considerable number of good arms, and support the honour of the Congress ; but without it shall not — and think, that if the battalion is sent up, the sooner the better. " Some of the leading men of Hempstead, whom we this day had together, proposed to call the town together on Monday next, and consult on the matter and return some answer or other on Tuesday next, and seemed desi- rous to put off the matter till the whole Congress met. Whether they mean, by this put off, to gain time to arm and prepare, or what else, we know not. " I am, sir, your humble servt. " WILLIAM WILLIAMS." On reading the above report of Maj. Williams, it is Resolved and Ordered, That the committee appointed to collect arms in Queens county, be desired to send to this committee all the arms already collected, and that they proceed in collecting all the arms they can, and return with them to this city on or before Friday next. That Samuel Verplanck, Thomas Smith, David Clarkson, John Van Derbilt and Benjamin Kissam, Esqs. be a committee to proceed on Friday next to Queens county, and use every prudent measure in their power to collect arms in the said county ; and that they attend a meeting of the inhabitants intended to be held at Hempstead on Monday next, and endeavour to prevail on them to comply with the former resolutions of this Committee ; and also that they report to this Committee or the Provincial Congress, the names of all such as have or do oppose the measures of the Con- tinental or Provincial Congresses, or of this Committee. 40 The Committee then adjourned until 9 o'clock to-mor- row morning. DIE MERCURII, 9 ho. a. m. September 27th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman — For Orange county. Messrs. Hallet, Beekman, Thomas Smith, John Van Cortlandt, Col. McDougall — New-York. Francis Nicoll — Jllbany. Gilbert Livingston — Dutchess. Henry Williams, John Van Derbilt — Kings. Col. Blackwell — Queens. John Foster — Suffolk. David Watkins — Charlotte. A number of letters taken from on board of the Rhode- Island packet, were brought into Committee. Several of them which were directed to different persons of the cus- toms and to other persons, were opened and inspected, and nothing inimical to the Colonies being discovered, they were released, put into a wrapper with an endorsement that they had been examined by the Committee of Safety, and together with all the other packets and letters returned to the captain of the packet. Mr. Robert Rodgers, commonly called Maj. Rodgers, according to directions for that purpose, attended on the Committee. He assured the Committee that he was a prisoner on his parol of honour to the Committee of Safety at Philadelphia ; that he received from the said Commit- tee, a certified copy of his parol, with a certificate thereto, signed by Benjamin Franklin, which he unfortunately lost ; and Mr. Rodgers declared to this Committee, upon his honour as a soldier and a gentleman, that he will not de- part this city without leave of this Committee, until he shall have recovered the said certified copy of his parol, or another certified copy thereof, and produced the same to this Committee ; and that in the mean time, he will on re- quest attend upon this Committee. Mr. Rodgers informed the Committee that he lodges at Dr. Harrison's in Broad- way. A draft of a letter to the Committee of Safety for the Colony of New-Jersey, was read and approved of, and is in the words following, to wit : " In Committee of Safety, 1 " For the Colony of New- York, > " Sept. 21th, 1775. > " Gentlemen — We are informed that a number of men from your Colony, who enlisted in the regiments raised in this Colony for the Continental service, have deserted, and are now lurking in New-Jersey ; we submit it to your con- sideration whether proper steps should not be taken to ap- prehend them, and whether it will not be proper for your committee to adopt measures similar to those we have taken for apprehending deserters, which are printed in the public papers. We request that you would direct such deserters as may be taken in your Colony to be forwarded immedi- ately to this city, that they may be sent to the regiments to which they respectively belong. "We are, your humble servants, " By order of the Committee. " The Committee of Safety for the Colony of New-Jersey." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. The Committee sent for Mr. Watkeys, and had a con- ference with him in respect to the procuring locks for mus- kets, and the residue of the morning was spent in the pre- paring Continent and Provincial commissions, and auditing accounts. The Committee adjourned till to-morrow morning at 9 o'clock. 158 JOURNAL OF THE COMMITTEE OF SAFETY. DIE JOVIS, 9 HO. A. M. September 28th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman — For Orange county. Messrs. Hallett, Van Cortlandt, Van Zandt, McDougall— Aeu>- York. Major Nicoll — Jllbany. Gilbert Livingston — Dutchess. Mr. Paulding — Westchester. Henry Williams — Kings. Col. Blackwell and Joseph Robinson— Queens. Mr. Foster— Suffolk. Major Williams — Cumberland. Mr. Watkins— Charlotte. A letter from Thaddeus Burr, sheriff of Fairfield county, in the Colony of Connecticut, was read and filed, and is in the words following, to wit : " Fairfield, 26th Sept. 1775. " To the Committee of Safety, New- York : "Gentlemen — It is now 13 weeks since Angus McDonald was committed to the jail in this place, as 1 suppose by your order; but of this I have no certainty: nor do I know where my jailer is to get his pay for board- ing and attending upon him in close jail. If you mean to do it I should be glad to know it. I think it very unrea- sonable that I should have the trouble of him any longer, considering you have very good jails in your city. I hope therefore, you will take him off my hands. I have wrote to you twice before this concerning this man, and have had no answer. If I have none to this I shall dismiss him without any ceremony. " I am gentlemen, " Your most obedient, hum. servt. " THADDEUS BURR, " Sheriff of Fairfield county." Ordered, That Mr. Andrew Moodie be appointed, and is hereby appointed adjutant of the third regiment of troops raised in this Colony, as part of the Continental army, in the stead and place of Adam Schroter. And, Ordered, That the pay of the said Andrew Moodie, commence on Monday, the 25th inst. when he engaged in the service and left his other employment, and that he pro- ceed to join the army under the command of Gen. Schuy- ler, with all possible despatch. A letter from Egbert Benson, Esq. chairman of the committee of Dutchess county, inclosing 15 affidavits sent as testimony against Timothy Doughty, Adam Bergh, Christian Bergh, Jr. and others was read, and filed. Ordered, That Samuel Avery, Foster Lewis, Christo- pher Duyckink, Capt. James Alner and Henry Tiebout, be requested to attend this Committee to-morrow morning at ten o'clock, to be examined on oath as to the particular persons who opposed their obtaining arms in Queens coun- ty, and the opposition given to them, and the insults offer- ed to the Congress of this Colony, and by whom. Mr. Berrien applied to the Committee with sundry let- ters from the commissioners at the Highlands, by which it appears they want labourers. Ordered, That Mr. John Berrien be authorized to pro- cure fifty able bodied men, good labourers, at wages not exceeding 50s per month each, besides their provisions, to proceed immediately to assist in erecting the fortifications on the banks of Hudson's river, in the Highlands ; that he procure as many of them who have and will take arms with them as he conveniently can ; that he order and di- rect at least twelve carriage guns to be mounted there im- mediately, and provided with shot, cartridges, rammers, sponges and every other necessary for the use of the said guns. And, Ordered That Mr. Gabriel W. Ludlow, deliver to Mr. John Berrien two hundred weight of gunpowder for the use of the people at the said fortifications. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of the Provincial Congress of this Colony, pay to Maj. Francis Nicoll, the sum of forty-eight shillings to re- imburse the said Maj. Nicoll, for so much money advanced by him to a poor Indian by order of this Committee. The Committee adjourned to 4 o'clock P. M. Die Jovis, 4 P. M. Sept. 28th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman — For Orange county. Mr. Hallett, Mr. Van Zandt, Mr. Brasher, Mr. John Van Cortlandt Col. McDougall— AW York. Major Nicoll — Jllbany. Mr. Paulding — Westchester. Col. Blackwell — Queens. Mr. Foster— Suffolk. Mr. Watkins— Charlotte. A letter from the Delegates of this Colony at Continen- tal Congress, was read and filed, and is in the words fol- lowing, to wit : " Philadelphia, 2Ut Sept. 1775. " Gentlemen — Be pleased by the first opportunity to favour us with a particular account of the number of men raised in our Colony in pursuance of the order of the Con- gress; when the several detachments marched ; where they are at present ; whether they are armed, and what steps were taken for that purpose ? We also wish to know the progress made in erecting the works in the Highlands ; whether the materials are purchased, or what proportion ; and when they may probably be completed? Inform us also of the exact quantity of powder our Colony has at at their own expense forwarded to either army, that it may be replaced out of the Continental stock, as soon as it can be afforded. " We are, gentlemen, " Your most obedient hum. servts. "PHIL. LIVINGSTON, "JAS. DUANE, "JOHN ALSOP, "JOHN JAY " ROBERT R. LIVINGSTON, Jr. "WM. FLOYD, "FRANS. LEWIS. " P. S. Acquaint us likewise of the prices you gave for the different sort of cloth for tents and the making. " To Committee of Safety of New- York." A letter from Samuel Bayard and others, dated 25th September, was read and filed, and is in the words follow- ing, to wit : " Gentlemen — We received last night a letter from Mr. Berrien, informing us that the plan for building the fortifi- cation, with the estimation of the expenses, was transmit- ted to the Continental Congress. We should have esteem- ed ourselves happy had we been consulted on this subject before it had been sent forward. It was easy for one of our body to have waited upon the Committee of Safety, to have given them full satisfaction relative to the situation of the ground, which it is not possible for them to know by the plan. We conceive that an operation of this kind is intended for the defence of the Colony and for the ad- vantage of America in general. If we are right in our conjecture, Mr. Romans' plan is not sufficient — it will only be a temporary expedient to prevent vessels going up the river, and should the fortification fall into the hands of the ministerial troops it will prove the ruin of the Province. Therefore it was not possible for him to give you any cal- culation relative to the whole expense, as it will be abso- lutely necessary to extend the works; and the place, we are convinced, maybe made impregnable, and the expense not enormous. It appears to us that it would have been much better to have calculated the amount of what it would cost, than be obliged hereafter to apply a second time to the Continental Congress. However, we submit our ideas to your judgment. It is our duty to be faithful to the im- portant charge committed to our care, as we will not be answerable for measures we cannot conduct ; therefore re- quest the favour of you, gentlemen, to inform us whether JOURNAL OF THE COMMITTEE OF SAFETY. 159 we are under Mr. Roman's direction, or whether he is oblig- ed to consult with us upon the measures to be pursued. You cannot blame us for this request, as the safety, honour and interest of our country, and its future welfare, depend upon this important post. We think it our duty to give you a hint which seems to merit your consideration, viz : "Gov. Tryon, Mr. William Bayard and Maj. Bayard, have been up in our neighborhood ; his Excellency did not say any thing, but both the Bayards examined Capt. Palmer, our captain, with great scrutiny, in the presence of his Ex- cellency, about the fortification, the nature of the ground, the state it was in, how many guns were mounted and how many men watched. This happened on Saturday, at Ha- verstraw. We shall keep a look out, for we expect them near to us. Will it not be prudent that we should have a guard. The minute men at New-Windsor want powder ; they are ready to come to our assistance if they had it. We ought to have powder and shot for our guns, as we shall mount six this week, nine pounders. " We are, with respect, gentlemen, " Your most obedient servants, "SAML. BAYARD, " WILLIAM BEDLOW, " JOHN HANSON. " At Constitution Fort, ? " Monday 25th Sept. 1775." J A letter from Capt. John Plenderleath, Esq. was read and filed, and is in the words following, to wit : "New-York, 26th Sept. 1775. " Sir — I arrived this day from England, and am sorry to find the country in its present unhappy state. That my arrival may not afford anxiety to any person, nor I be ex- posed to any inconveniences, I take the liberly to assure you that the purpose of my voyage is barely to visit my family and not to act in any military capacity, and propose when my leave of absence is out, to return to England. You will therefore do me the favour to declare the contents of this letter in such a way you think best, for preventing any trouble from the jealousies of the people relating to, sir, " Your most obedient humble servant, "JOHN PLENDERLEATH." Ordered, That Monsieur N. Perree, Esq. an elderly gentleman, an invalid, now in New-York, who came from Gaudaloupe for his health, be excused from serving on the night watch and doing military duty in New- York. A letter from Dr. George Nicholson was read and filed, and is in the words following, to wit : " Gentlemen — I waited on Dr. Treat, who advises me to go up a cadet by all means, in preference to doctor's mate. I hope, gentlemen, you will favour me with recom- mendatory letters to the generals, which recommendations I shall endeavour to do honour to by my behaviour. I have likewise met an intimate friend, who promises, pro- vided I go, to recommend me to Dr. Stringer, who I have some acquaintance with, and as he is head surgeon to the army make no doubt but I shall be well received, provided you grant me an order. Col. McDougall has consented to my going with Capt. Johnson. I hope, therefore, you will grant my request, as I act from principle. " I have the honour to be, gentlemen, " Your humble servant, "GEORGE NICHOLSON. " September 28th, 1775. " To the Committee of Safety of New-York." A letter from Mr. William Powell was read and filed, for the reasons therein set forth, requesting permission to have his wife inoculated for the small pox. On perusing the resolve of the Congress of this Colony against inoculation for the small pox, the Committee in- formed Mr. Powell that they could not give any permission for that purpose. The Committee then adjourned till 9 o'clock to-morrow morning. DIE VENERIS, 9 ho. a. m. September 29th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman — For Orange county. Col. McDougall, Mr. Van Zandt, Mr. James Beekman, Mr. Verplanck, Mr. Kissam, Mr. Roosevelt, Mr. Smith — New-York. Isaac Sears — Tryon. Major Williams— Cumberland. Mr. Watkins— Charlotte. Francis Nicoll — Albany. Col. Blackwell, Mr. Robinson— Queent. Gilbert Livingston — Dutchess. John Foster— Suffolk. Wm. Paulding — Westchester. Mr. Williams — Kings. A letter from Gilbert Drake, chairman of the committee of Westchester county, dated White-Plains, Sept. 29th, 1775, enclosing an affidavit of Eunice Purdy, of Rye, in the said county, whereby it appears that Godfrey Haines (who is sent down by the said committee under a guard to this city,) is guilty of having opposed the resolutions of Congresses and committees, and threatening the lives of several persons. Ordered, That the said Godfrey Haines be sent back to the committee of Westchester, under the care of the persons who brought him to this city, and that Mr. Paulding, a deputy for the said county, be requested to write a letter to the said committee, informing them that it is the opinion of this Committee, that agreeable to the re- solutions of the Provincial Congress of this Colony, the county committees are altogether competent for punishing and confining persons guilty of a breach of the said reso- lutions, or either of them. Samuel Avery, Foster Lewis, Henry Tiebout and Chris- topher Duyckink, attending at the door, were called in and examined relating to the conduct of the people at Jamaica and Hempstead, at the time they went up for arms. After some time spent therein, they were respectively directed to deliver their testimony in writing to-morrow morning. Samuel Burling, by order of the Committee, was called in and charged with advising John Dunbar to refuse deli- vering one of the Colony arms in his custody to the com- mittee sent to Jamaica for that purpose. Messrs. Foster Lewis and Samuel Avery, present, gave their testimony on that subject. Samuel Burling was heard what he had to say in his defence. Thereupon, Ordered, That the further consideration thereof be de- ferred until the testimony of the witnesses, who attended this morning, is delivered in writing. A petition of Col. Lasher and a number of other gen- tlemen, militia officers in the city of New- York, was read and filed ; they thereby pray that the militia in this city may be ordered to train at least once a week for three months. Mr. Bernard Romans, attending at the door, was admit- ted ; he delivered in proposals to contract for erecting the fortifications begun on the banks of Hudson's river, in the Highlands, which were read and filed, and are in the words following, to wit : " I will propose to undertake that the whole work be done by me for £5,000, the ordnance only excepted ; that I may have the whole management under my direction and accept the work already done, at the rate expressed in my own estimate, and the tools necessary, already purchased at the cost ; that the commissioners only have the trouble of supervising my execution and answering the orders I draw from time to time in favour of the workmen and fur- nishers of materials, and that £150 or £200 be advanced to be applied to such incidental matters as are immediately wanted and do not occur directly to the memory, and espe- cially to furnish the people with articles they may want, as blankets, &c. and perhaps some small advance to en- courage them to enter into the service." 160 JOURNAL OF THE COMMMITTEE OF SAFETY. Ordered, The consideration of the said proposals be postponed till to-morrow. A letter from Walter and Thomas Buchannan was read and filed. They inform that the snow Georgia, Capt. Bolton, is at Sandy-Hook where she has discharged forty passen- gers ; that she is bound to Georgia ; that on the 11th inst. in a gale she had lost her mainmast and all the sails and spars belonging thereto, and cannot proceed without re- pairs, and that the captain has applied to them to furnish the necessaries, if agreeable to the Committee. Ordered, That the snow Georgia, Thomas Bolton mas- ter, be permited to come up into the East river at New- York, to be refuted in such manner that she may proceed again to sea; and that she be repaired under the inspection of such guard as may be put or ordered to be put on board by this Committee, at the expense and charge of the mas- ter or consignee of the said snow. The Committee adjourned until 4 o'clock, P. M. Die Veneris, 4 ho. P. M. September 29th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Col. McDougall, Thomas Smith— New-York. Major Nicoll — Albany. Gilbert Livingston — Dutchess. William Paulding — Westchester. Col. Blackwell — Queens. John Foster — Suffolk. William Williams — Cumberland. Mr. Watkins — Charlotte. The Committee being informed that the second sur- geon's mate of the first regiment, now at the barracks, is ordered to join the regiment to which he is appointed, and that there are several sick soldiers at present in the bar- racks. Ordered, That Dr. Treat be requested to take the care of the said sick soldiers, as soon a3 the surgeon's mate departs ; and that Dr. Treat from time to time take care of any sick soldiers in the barracks, or such as may stand in need of a surgeon or physician, when they have no surgeon or surgeon's mate present. The petition of Col. Heyer was filed, and is in the words following, to wit. " To the Honorable the Committee of Safety for the Colony of New-York. " The officers of the battalion commanded by Col. Heyer in this city, with great deference humbly beg leave to represent that experience points out to them a material imperfection in the act for regulating the militia of this Province. They mean, that article of their being sub- ject to appear only once a month. The associated com- panies in this city are particularly affected thereby ; many well disciplined men taking the advantage of the law, de- cline appearing in the companies which have been formed and trained with much trouble, and at a considerable ex- pense to their officers. They would also take the liberty to suggest that the militia cannot be disciplined to any use- ful degree unless the officers arc directed to call the com- panies out at least once a week, and each battalion together once a month. This they conceive may very easily be done in the cities and towns of this Province ; as to the dispersed companies in the counties, the case may be dif- ferent. They doubt not but the attention of the Honor- able Committee will readily be paid to a matter which so nearly concerns the advantage and safety of this Pro- vince. " Signed in behalf of the officers of the battalion. "WM. HEYER." The Committee adjourned until nine o'clock to-morrow morning. DIE SABBATI, 9 ho. a. m. September 30th, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, and Commissioner for Orange county. Mr. Smith, Mr. Van Zandt, Mr. Brasher— New-York. Mr. Paulding — Westchester. Major Nicoll — Albany. Mr. Livingston — Dutchess. Mr. Robinson, Mr. Lawrence— Queens. Mr. Williams — Kings Mr. Foster— Suffolk. Major Williams — Cumberland. Mr. Watkins— Charlotte. Capt. Sears — Tryon. It being represented to this Committee by Daniel Win- ter, the person who had the charge of conducting Godfrey Haines from Westchester county to this city, by order of the committee of the said county, that the taking the said Godfrey Haines back will be attended with danger of his being rescued by persons inimical to the cause of liberty. The Committee thereupon reconsidered their order of yes- terday. And Resolved and Ordered, That the said Godfrey Haines be committed to the jail in this city till further order of this Committee or the Provincial Congress of this Colony. George Nicholson having been on board the Asia, ship of war, the transport ship, and other vessels employed in the ministerial service, for the purpose of procuring intel- ligence and discovering the intentions of our enemies, and he having rendered himself useful and of service to the cause of American liberty, by his intelligence : Resolved and Ordered, That Peter Van Brugh Livings- ton, Esq. as Treasurer of the Congress of this Colony, pay to George Nicholson the sum of twenty pounds, as a re- ward for his services and intelligence brought from on board the Asia, man of war. Mr. Andrew Moodie appointed adjutant of the third re- giment having given three orders of one tenor and date, in the words following, to wit : " New-York, Sept. 20th, 1775. " Sir — Please to pay to Peter Van Brugh Livingston, Esq. Treasurer of the Provincial Congress of the Colony of New-York, or his order, the sum of five pounds per month out of my pay as adjutant to the third regiment of the New-York forces, in the army of the United Colonies, and charge the same to my account, this being the first order of this tenor and date. " ANDW. MOODIE. " To the Paymaster-General of the Continental forces, his deputy, or the paymaster of the said third re- giment." Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of the Provincial Congress of this Colony, ad- vance to Andrew Moodie, on account of pay, the sum of ten pounds, and that the said Peter Van Brugh Livingston, Esq. pay to Margaret Moodie, the wife of the said Andrew Moodie, five pounds per month as part of his pay as adjutant of the third regiment, computing his pay to commence on the twenty-fifth inst. and that the said ten pounds now to be advanced to him be considered as the advance of five pounds per month hereby ordered, for two months. And Ordered, That the colonel or whoever else shall be pay- master of the said third regiment, take care to retain five pounds per month of the pay of the said Andrew Moodie, in such manner as that the same may be accounted for and repaid to the said Peter Van Brugh Livingston, Esq. and that a copy of this order be forwarded to the colonel of the said third regiment, and that Andrew Moodie inform his colonel of this order. Mr. Bernard Romans attending at the door, was called in. The Committee conversed with him on the subject of his being an engineer at the fortifications on the banks of JOURNAL OF THE COMMITTEE OF SAFETY. 161 Hudson's river in the Highlands, and Mr. Romans with- drew. After some time spent therein, Mr. Romans was called in, and the Chairman by order of the Committee, informed Mr. Romans that the Committee would not con- tract with him for building the said fortifications ; that he should be paid for his services as an engineer ; that as the Continental Congress was sitting and the Provincial Congress to meet in a few days, the Committee could not make any proposal of, or any answer to, establishing him as an engineer, during the unhappy controversy in America ; but that if his merits in the present business should appear to be such as to recommend him, it would be an advantage to his reputation ; and that should the controversy unfortunately continue long, it was probable his future services might be wanted ; that the Committee had been informed that twelve shillings a day sterling (and not twenty shillings sterling as he alleged,) was the value of the pay and perquisites of an engineer on the British establishment ; but that the infancy and present circum- stances of the country will not admit of allowing pay equal to that given in old settled States ; that the Commit- tee could not encourage him to expect more than the pay of a colonel in the Continental army, and that only for the present ; but that this proposal shall not stand in the way of any better provision for him, if the Continental Con- gress should think proper to make any better ; and that as he stood in need of cash, he should have an order on the Treasurer of the Congress of this Colony for some money. Thereupon, Ordered, That Peter V. B. Livingston, Esq. Treasurer of the Provincial Congress of this Colony, advance to Bernard Romans as engineer at the fortifications in the Highlands, the sum of twenty pounds on account. A draft of a letter to the agents for erecting the fortifi- cations in the Highlands was read and approved of, and is in the words following, to wit : " In Committee of Safety, for the Colony of New-York, ) " In the recess of the Congress of the Colony, > " New-York, Sept. 30th, 1775. ) " Gentlemen — We were favoured with yours of the 25th inst. In answer thereto we beg leave to observe that Mr. Romans was brought to assist in planning and directing the fortifications by your advice and request. The esti- mate and plans he delivered to us, we sent to the Conti- nental Congress with a letter mentioning that at least fif- teen hundred pounds beyond the estimate might be neces- sary for incidental charges exclusive of cannon. Mr. Ro- mans is now to proceed to you and give you his best ad- vice and assistance as an engineer. The Congress of this Colony will meet next week. We also soon expect directions from the Continental Congress, and in the meantime we hope the works may be carried on with all your joint wisdom, advice and assistance. " We are, gentlemen, your very humble servts. " By order of the Committee. " To Messrs. Samuel Bayard, William Bedlow and John Hanson, at the Highlands." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. The Committee adjourned to to-morrow morning. DIE LVNJE. October 2d, 1775. The Committee met pursuant to adjournment. Present— John Haring Esq. Chairman— For Orange county. James Beekman, Richard Yates, Col. McDougall, Jacobus Van Zandt — New-York. Francis Nicoll — Albany. Gilbert Livingston — Dutchess. William Paulding— West Chester. Richard Lawrence, Col. Cortelyou— Richmond. John Foster— Suffolk. 41 Isaac Sears — Tryon. William Williams — Cumberland. David Watkins — Charlotte. Thomas Henderson attending at the door, was called in and examined relating to the snow Georgia : says that Capt. Cole, and another gentleman who came to this port with the said Capt. Cole, informed him that a letter for the captain of the Asia was sent on board the brig Juno, the vessel they were in, from the snow Georgia ; that a boat from the Asia afterwards came near and then the let- ter was sent for on board of the Georgia ; that soon after some trunks were taken out of the snow Georgia and sent off in the Asia's barge ; that he the examinant has interro- gated Capt. Bolton of the snow Georgia, who after some conversation acknowledged that he had brought over a gen- tleman who went from his vessel on board a boat from the Asia with his baggage, and that Capt. Bolton said that he believed that passenger belonged to the army, and that he did not know his name. Miss Janet Clarke being also examined, says that she was a passenger in the snow Georgia ; that she un- derstood that John Buchannan, Jr. of Greenock was owner of the snow ; that she paid her passage to him ; that from hearsay she understood that Walter and Thomas Buchannan were owners, but does not certainly know it ; that a man of wai's barge came on board of the snow Georgia ; that she did not see any passenger leave the snow Georgia in that barge ; she understood that John Buchan- nan, Jr. was owner of part of vessel and cargo ; that a passenger came in the snow who was called captain ; his name is Thomas Peters ; she supposes he is in the King's service ; that Mr. Archibald Lunde and Mr. Spence were cabin passengers, and one Mr. Campbell and one Mr. Gor- don a parson ; heard in Greenock that Mr. Lunde owned part of the cargo of the snow Georgia, and that they were to be landed in Georgia ; she understood that Spence was a merchant and Mr. Campbell a lawyer. A letter from David Pye, Esq. of the 30th ult. was read and filed, and is in the words following, to wit : " Charlestown, September 30th, 1775. " Sir — Enclosed is the account of the expenses at- tending taking up deserters, belonging to Capt. Johnston's company. The money when paid is best to be sent to the committee, as it is to be paid to several persons. The pay of the officers and minutemen is not charged ; that matter to be left to the Committee of Safety or the Con- gress. " Sir, your most humble servant, " DAVID PYE. " To John Hahing, Esq." The account of expenses of apprehending deserters, therein enclosed, was also read and filed. Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of this Congress, pay to Col. McDougall the sum of two hundred and saventy-seven pounds, one shil- ling and nine pence, to enable him to pay off the two com- panies of the first regiment now here. And Ordered, That the said Peter Van Brugh Livingston, Esq. as Treasurer as aforesaid, pay to Col. McDougall the farther sum of one hundred pounds, to enable him to advance money, as part of their husbands' pay, to the wives of such soldiers of his regiments as remain here, and have powers of attorney from their husbands. The Committee adjourned to 9 o'clock to-morrow morn- ing. DIE MARTIS, 9 ho. a. m. October 3d, 1775. The Committee met pursuant to adjournment. Present — John Haring, Esq. Chairman, William Allison, Isaac Woodhull, Col. Lent— for Orange county. Col. McDougall— New-York. 162 JOURNAL OF THE COMMITTEE OF SAFETY. Abraham Yates, Peter Silvester, Henry Glenn— Albany. William Paulding— Westchester. Col. Cortelyou, Mr. Richard Lawrence — Richmond. Mr. Henry Williams— Kings. John Foster, Mr. Tredwell— Suffolk. Mr. Sears— Tryon. Mr. William Williams — Cumberland. Mr. Watkins— Charlotte. Capt. John Hamilton, from Liverpool, being called in, gave the following information, to wit : " That he sailed from Liverpool the 8th of August, last, and arrived here last night ; says that it was reported and believed at Liverpool, and that he saw it in the London papers, that 30 battalions and 4 squadrons of dragoons, in all 10,000 men were to embark at Embden for Boston ; that a part of their baggage was already at Embden. That some transports were already arrived at Embden. That by the common report, they were to sail the middle of Au- gust. That they were to be commanded by a general officer of their own country." Extract of a letter dated " Falmouth, July 26th, 1775. "It is confidently said that 10,000 Hanoverians, and some regiments from Great Britain, are to be sent out to Boston, as a re-inforcement to Gen. Gage's army ; that Gen. Gage is to be recalled, at his own request, and Sir Jeffrey Amherst is to succeed him." Ordered, That a copy thereof, and also a copy of the extract of a letter from Falmouth, be transmitted to the Continental Congress. A letter from Shearjashub Bourn, chairman of the com- mittee of inspection for Bristol, in the Colony of Rhode- Island, was read and filed, and is in the words following, to wit : " Bristol, September 29th, 1775. " Gentlemen — Messrs. Charles De Wolf, Anthony De Wolf, Josiah Finney and Stephen Smith, charterers of the sloop Hannah, bound to New-York, informing us the com- mittee of inspection for Bristol in the Colony of Rhode- Island, of their intention to purchase a load of flour for the use of the inhabitants of this place, and requesting our ap- probation of their design, and a recommendatory letter from us to you ; we, considering the great scarcity of flour in this town, do approve of their undertaking as aforesaid, and recommend the said Charles De Wolf and company as true friends to the liberty of America, and from their well known firm attachment to the rights of their country, we are confident to assure you, that if they obtain leave from you to purchase said load of flour, all possible care will be taken to convert it to the use aforesaid, and secure it from the piratical seizure of our common enemy. " In the name of the committee, "SHEARJASHUB BOURN, " Chairman. " To the Committee of Inspection for the city of New-York." Thereupon an order for liberty to purchase 180 barrels of flour was delivered to Messrs. De Wolf, in the words following, to wit : "In Committee of Safety, ) " For the Colony of New-York, > " October 3d, 1775. ) " Ordered, That Messrs. Charles De Wolf and Antho- ny De Wolf, of Bristol in the Colony of Rhode-Island, be permitted to load on board the sloop Hannah, one hundred and eighty barrels of flour, for the use of the inhabitants of the said town of Bristol ; that the said Charles De Wolf and Anthony De Wolf take every precaution that the said sloop with her cargo, be not taken by any of the armed vessels employed by Gen. Gage, for the purpose of pro- curing provisions for the use of the army and navy at Bos- ton ; that the said Charles De Wolf and Anthony De Wolf stop at the port of New-London, and take the advice of the committee there, or at Stonington, whether it will be safe for them to proceed with the said sloop and cargo to Bristol." Ordered, That the committee at Albany be requested to have the barracks, or hospital at Albany, or both, as the committee shall think proper, repaired with all possible despatch, in the cheapest and least expensive manner, so as to make them fit for the reception of the troops of the Continental army ; and that the said committee be farther requested to direct such a quantity of firewood to be pro- cured for the use of the said barracks as they shall think necessary ; and that the said committee send an account, with the most authentic vouchers, of the expense and dis- bursements occasioned by making such repairs and pro- curing firewood, to the Congress or Committee of Safety of this Colony, that the same may be audited and paid. Capt. Thomas Bolton, master of the snow Georgia, be- ing at the door, was called in and examined. He produced the register of the snow, says that the greatest part of the cargo belongs to the owners of the ship : that Archibald Lunde is on board as a factor, and Spence, as he thinks, came out to take care of his own goods. Capt. Bolton also produced a manifest of his cargo : that one Mr. Peters from Glasgow, was a passenger on board of his vessel and went on board of the Asia ; that Peters is about 26 years of age ; that he does not know his business. Capt. Bol- ton also produced copies of the bills of lading and his in- structions from his owners. Capt. Bolton was ordered to withdraw. After some time spent in consideration of the papers and information received about the snow Georgia, Ordered, That Mr. Thomas Buchannan, Mr. Archibald Lunde and Mr. Spence attend this committee at three o'clock this afternoon, and that Mr. Thomas Buchannan be requested to bring with him the seven letters mentioned in the list of letters, from on board of the said snow, directed to him and his partner. The Committee adjourned until 3 o'clock, this after- noon. 3 ho. P. M. October 3d, 1775. The Committee met pursuant to adjournment. Present— Mr Hallett, Mr. Beekman, Richard Yates — For New- York. Abraham Yates, Jr. Mr. Silvester, Henry Glenn — Albany. Mr. Paulding — Westchester. Mr. Lent and Mr. Allison— Orange. Paul Micheau, Col. Cortelyou, Richard Lawrence — Richmond. Mr. Foster, Mr. Tredwell— Suffolk. Mr. Sears — Tryon. William Williams — Cumberland. Mr. Watkins— Charlotte. John Haring, Esq. Chairman, being absent, Abraham Yates, Jr. Esq. was unanimously chosen and appointed Chairman. Mr- Thomas Buchannan attended with seven letters to himself and company and to the co-partners severally ; six of them, at his request, were read publicly, and the other read by a committee of two gentlemen. Mr. Archibald Lunde, attending at the door, was called in and examined, and produced the invoice of his goods ; declares that he does not know of any gunpowder on board ; that he knew Thomas Peters, a merchant in Vir- ginia ; that after the Asia's boat came to the vessel, he declared he was an ensign in one of the regiments at Boston. Mr. Walter Spence, attending at the door, was called in and examined, and produced the invoice of his cargo ; de- clared that he did not know of any gunpowder on board. A letter from Walter Livingston, of the 24th ult. was read and filed, and is in the words following, to wit : " Albany, September 24th, 1775. " Gentlemen — The enclosed, for the Continental Con- gress, I received this morning from Maj. Gen. Schuyler, requesting me to forward it to the Provincial Congress of New-York, by some very safe hand, with an intention that JOURNAL OF THE COMMITTEE OF SAFETY. 163 it should be sent from thence in such manner as it may be least liable to miscarry. " The general is extremely ill with a complication of disorders ; notwithstanding every effort he has made to bear up against the severity of them, he was reduced to the distressing necessity of leaving the army at the Isle aux Noix and repairing to Ticonderoga, to try if possible to get a re-establishment of his health. " I am, with due respect, gentlemen, " Your most obedt. humble servt. "WALTER LIVINGSTON. " To the Provincial Congress of New-York." The petition of Elizabeth White, wife of Alexander White, sheriff of Tryon, praying that her husband may be discharged from Albany jail on his parol of honour, or be heard before the committee of Albany, was read and filed. A letter from Henry Wisner, Esq. at Continental Con- gress, dated 28th September, enclosing the articles of agreement for the due regulation and government of the associators in Pennsylvania, and also as to saltpetre, was read and filed. A letter from Henry Wisner, Esq. dated the 30th Sep- tember, was also read and filed. The military articles of Pennsylvania therein mentioned, and the reasons of the associators against signing them, also therein mentioned, were respectively read and filed. The Committee then adjourned. JOURNAL OF THE PROVINCIAL CONGRESS. DIE MERCURII, 9 ho. a. m. October 1th, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President pro tempore. Mr. Sears moved, and was seconded by Mr. Henry Williams, in the words following, to wit : " Whereas, upon information to the Committee of Safety from Tho- mas Buchannan, that the snow Georgia, Capt. Bolton, from Greenock in Scotland, with some passengers for this place and a cargo of dry goods for Georgia, was arrived at the Hook in distress, and that the captain desired leave to land his passengers and refit his vessel, the Committee gave leave for that purpose : And whereas it since appears by the captain's orders, the bills of lading, and a letter to said Thomas Buchannan & Co. that the said cargo of dry goods were to be landed at this place if the people would receive them, I move that it be " Resolved, That the above said snow Georgia be not permitted to break bulk in this Colony, and that she be ordered, as soon as fitted for sea, to depart this port, and return with her cargo from whence she came." Mr. Walton then moved (and was seconded by Mr. Low) for the following amendment to Mr. Sears' motion, to wit : that the words, " and return with her cargo from whence she came," be struck out, and instead thereof, the words, " with her cargo without delay," be inserted ; and debates arising on the proposed amendment, it was carried in the negative in the manner following, to wit : For the negative. For the affirmative. New-York, 4 Richmond 2 Albany 3 Mr. Micheau dissenting. Comberland, 2 Charlotte, 2 Kings, 2 Suffolk, 2 15 Ordered, therefore, That the proposed amendment be rejected. The question being then put on Mr. Sears' motion, it was carried in the affirmative unanimously. 42 Resolved, therefore, That the said snow Georgia be not permitted to break bulk in this Colony, and that she be ordered, as soon as fitted for sea, to depart this port and return with her cargo from whence she came. The petition of Godfrey Haines, Timothy Doughty, John Dob, Adam Bergh, Christian Bergh, Jr. and David Dob was read ; they thereby pray to be brought to an im- mediate trial or released from their confinement. A draft of a letter to the Delegates of this Colony at Continental Congress, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " M New-York, October 4th, 1775. J " Gentlemen — We are favoured with yours of the 21st ult. and agreeable to your request, we inform you of the state of the troops raised by this Colony for the Continen- tal service. Eight companies of the first, or Col. McDou- gall's regiment, completely appointed, are now in actual service in the northern department. The ninth company is ready, completely armed and equipped, and wind and weather permitting, will sail for Albany to-morrow. The tenth company will be armed and equipped, and, we hope, ready to depart, next week. " The first detachment of this regiment, under Lieut. Col. Ritzma, had proceeded as far as Halfmoon before the 10th of August. The second, or Col. Van Schaick's regi- ment, is completely equipped and in service at the out- posts ; four companies of this regiment were raised early in the month of June, and three of those companies then proceeded as far as Lake George. The other companies of this regiment were at and about Albany under the com- I mand of Gen. Montgomery, and we cannot ascertain the times of their departure. Seven companies of the third, or Col. Clinton's regiment, are also in service at the out- posts. The eighth and ninth companies proceeded early last week from hence on their way to Isle aux Noix. The tenth company of this regiment is come to New-York, wants a few muskets, and will be ready and proceed this week. It may be proper to inform you, that the three last mentioned companies of this regiment were sent to, and detained for some time at, the east end of Nassau island, 166 JOURNAL OF THE PROVINCIAL CONGRESS. by order of the Congress, to prevent the ministerial troops from carrying off the sheep and cattle from thence, the in- habitants of Suffolk county having armed them while in that service. The fourth, or Col. Holmes' regiment, is now at the out-posts ; part of this regiment was obliged to be delayed at Albany until arms could be procured for them ; but the last company proceeded down lake George the 27ih of September. " We are informed that four companies of the Green Mountain Boys were raised and in service, about the mid- dle of September, and that the others were getting ready with all possible despatch. " The first and second regiments, and some part of the other regiments, are armed with the best of muskets and bayonets, and the others with firelocks of the widest bores which could be found, repaired where it was necessary, and fitted ; all our troops are furnished with belts, and pouches for nineteen cartridges, bayonet belts, musket slings, blankets, coats, canteens, haversacks, &c. A great part of our arms have been procured by purchase ; some have been hired, and from necessity, to complete some companies, a few arms have, in some places, been im- pressed. " As to the forts in the Highlands, we have taken every step to complete them ; a number of cannon are sent up, with many of the necessary materials ; the plans have been transmitted to you. Several cannon are mounted to pre- vent any enemy from passing through the Highlands. " You have enclosed an account of the prices we gave for the different sorts of cloth for tents, and the expense of making. " We have furnished the Continental army at our own expense, with the following quantities of gunpowder, to wit: On the 23d of June we sent 1,0001b. of powder to the Continental army at Cambridge ; on the 24th, we sent 3001b. to Albany for the public use, being wanted at Ti- conderoga, and by the company sent up to remove the can- non and stores. We have since delivered 1001b. to the troops marching to the northern frontier; and 235lb. (in part borrowed of Gen. Wooster, (to the troops sent to the east end of Long island, and which they have preserved and taken with them to the northward. " We have sent 2001b. to the post in the Highlands, and have procured by loan from New-Jersey, 4551b. of gunpowder, which, together with 2001b. furnished by us, was forwarded on the 13th of June to the camp at Cam- bridge. The above parcels amount to 2,490 weight. Be- sides the above quantity, the committee at Albany fur- nished to the commissioners for Indian affairs, 375lb. ; 2001b. of which has been replaced by our Congress. Gen. Wuoster now requires us to repay him the powder we borrowed of him. " We earnestly request, gentlemen, that you would use your best endeavours to get this powder replaced as soon as possible, as we cannot at this time command above two hundred weight. If, in addition to this quantity, you could purchase for us for cash, or borrow on our credit, one or two tons of powder, it will greatly oblige us, as we are in much want of this article. You know our exposed situa- tion, and therefore it will be unnecessary to press you to use your interest in procuring it for us. " It may be proper to mention to you, that besides the troops above mentioned, we raised a company of artillery, consisting of 70 men, completely appointed ; they are now with the army. When this company was formed, the Con- tinental Congress had not made an establishment for artil- lery. The Congress of New-York put this company on the footing of the Rhode-Island establishment as to their pay, which was the only one known at that time. They are a good company well armed, many of them bred in ar- tillery service and much wanted ; they were raised on the faith of being put and kept on the like pay as the Rhode- Island artillery, before we knew what the Continental pay was. We entreat you would intimate this to the Congress, and get the Rhode-Island establishment confirmed for this company. " We are, with the highest respect and esteem, " Gentlemen, your most obt. humble servants, " By order. " P. S. We are apprehensive that the army under Gen. Schuyler will suffer greatly for want of warm under clothes ; many of the men raised in this Colony are badly provided in that respect, and we submit it to you whether it may not be proper to mention to the Congress, lest it should escape their attention." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A draft of a letter to the Continental Congress, to cover a copy of Capt. John Hamilton's information, was read and approved of, and is in the words following, to wit : " Provincial Congress 1 " For the Colony of New- York, > " Oct. 3d, 1775. ) " Sir — The enclosed state of information is of such a nature that it is conceived highly proper to communicate it with all despatch to the Congress. " I am, sir, your humble servant, " By order. " To the Hon. John Hancock, President." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted, with the said informa- tion and extract of a letter from Falmouth. Ordered, That a like letter be engrossed and signed by the President, and with a copy of the said information, and extract of a letter, transmitted to Gen. Washington. The proposal of a merchant of New-York to load 500 barrels of flour to Hispaniola, and to bring in return five tons of gunpowder, was read. A draft of a letter to the Continental Congress to accom- pany the said proposal, was read and approved, and is in the words following, to wit : "In Provincial Congress, ? "At New-York, Oct. 4th, 1775. J " Gentlemen — We take the liberty to enclose a propo- sal made by a merchant of New-York, for obtaining gun- powder. " As we are not competent to give permission for the voyage proposed, we submit the same to you, and request your directions as soon as possible. "~We are, most respectfully, gentlemen, " Your most obedient humble servants. " By order. " To the Hon. the Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and with a copy of the said proposal be transmitted. A draft of a letter to the committee at Albany, to cover the order for repairing the barracks and hospital, was read and approved, and is in the words following, to wit : " Provincial Congress 1 " For the Colony of New-York, > " Oct. 4th, 1775. \ " Gentlemen — By the enclosed resolutions, you will see that the barracks and hospital, or either of them, as you may think proper, are to be prepared and firewood to be procured. It is, however, the sense of this Congress, that the burthen of this commission should not be trouble- some to your committee, unless you incline to act therein, as it may be now expeditiously and effectually done by ap- pointing two persons ; Messrs. Guysbert Merselis and Cor- nelius Santfort, of your committee, are recommended to superintend this business, under your direction. If you approve of this appointment, you can immediately set them about the work. We think it not improper to hint to you, that the less expensive the operation is, will be the most agreeable to, gentlemen, " Your most obedient humble servants. " By order. " To the Committee of Albany." JOURNAL OF THE PROVINCIAL CONGRESS. 167 Ordered, That a copy thereof be engrossed and signed by the President, and, with a copy of the said order, trans- mitted. The Congress then adjourned until nine o'clock to-mor- row morning. DIE JOVIS, 9 HO. A. M. October 5th, 1775. The Congress met pursuant to adjournment. Present— Nathaniel Woodhull, Esq. President pro tempore. John De Lancey, Esq. one of the members, applied to the Congress requesting their opinion, whether Ralph Izard, Esq. intending to come to and reside in this Co- lony, can, consistent with the American association, bring with him from Great Britain his coach, furniture, plate, books and other things intended for the use of himself and family. Resolved unanimously, That it is the sense of this Con- gress that Ralph Izard, Esq. may, consistently and without violating the American associaiion, bring with him from Great Britain his coach, furniture, plate, books and other effects intended for the use of himself and family. On reading and taking into consideration the petition of Elizabeth White, wife of Alexander White, confined in the jail of the county of Albany, it is Resolved and Ordered, That the said petition be referred to the general committee of the county of Albany, and that they hear the charges brought or that may be brought against the said Alexander White, and finally determine thereon ; and for this purpose it is further Ordered, That the said petition, and all the papers now before this Congress relative to the said Alexander White, be sent to the said committee. A letter from Thomas Palmer relating to his lead mine, and the accounts of John McDonald, were delivered in and read. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of this Congress, advance and pay to John McDonald the sum of five pounds four shillings and sixpence in full for his wages and expenses in going to examine a lead mine in Ulster county, by order of the Committee of Safety. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer to this Congress, advance to Peter T. Curtenius as Commissary of this Congress, the sum of seven thousand pounds on account, to be applied to discharge the debts contracted for the public service and by order of this Con- gress, and that Mr. Livingston take Mr. Curtenius' receipt for the same on account. A letter from Benjamin Baker on the subject of making saltpetre, was read and filed, and is in the words following, to wit : " To the Hon. the Provincial Congress convened at New- York : " Gentlemen : — Gen. Montgomery when in Albany, heard of my attempts towards the production of nitre, sent for me to his lodging, and after some examination and in- quiry, requested of me to make application to the commit- tee for their assistance towards establishing a manufactory. Colonel Abraham Ten Broeck, requested me to write you somewhat of my pretensions in that way, for your far- ther consideration. In conformity to his request, I have wrote you as follows : " From repeated trials and experiments have strong rea- sons to believe that saltpetre may in these parts of America be made in as large quantities as now pot and pearl ashes are, or even to intercept in a great measure the East India trade in that article. Common alkaline salts and wood otherwise concentrated into an acid juice, — these two op- positions, and yet affinities, form a neutral commixture, and become, as it were, a proper magnet for the attraction of nitrous particles. These two materials only with circula- tory vessels properly adapted, and other apparatus conve- nient, large quantities assuredly may, atone work be made, even to 20 or 30 tons a year, and at the same time, the method so simple that the country people may easily learn the process, to the benefit of themselves and Continent. A capital work to make the above quantity, would require a stock at least of £1000, and so on in proportion for lesser quantities. It is not the want of business induces me to make this application, but on the other hand to serve the country, and oblige the gentleman that applied to me. I am already established in business in an art peculiar to myself, in preparing in such purity alkaline salts, as to an- swer all the different purposes in pharmacy, which may hereafter bring in great emoluments to America. " I am, gent, with due obedience, " Your humble servant, "BENJN. BAKER. " N. B. It is not in the power of any art yet known to make from its origin, saltpetre in that limited time you are pleased to offer a price so extraordinary for." Ordered, That the gentlemen who are members from Albany, write to the said Benjamin Baker, to know what quantity of saltpetre he can make by the first day of May next, and on what terms. A certified copy of Maj. Robert Rogers' parol received by post, from the Committee of Safety, Philadelphia, was read and filed, and is in the words following, to wit : " I, Robert Rogers, major, on half pay in His Majesty's army, a prisoner in the custody of the Committee of Safety for the Province of Pennsylvania, and being kindly treated and protected by them, enlarged on parol, do hereby so- lemnly promise and engage on the honour of a soldier and a gentleman, that I will not bear arms against the American United Colonies in any manner whatever, during the pre- sent contest between them and Great Britain, and that I will not in that time attempt to give intelligence to Gen. Gage, the British Ministry, or any other person or persons of any matters relative to America. " A true copy. (Signed.) "ROBERT ROGERS. " Philadelphia, 23d Sept. 1775." " These are to certify to all persons to whom these pre- sents may appear, that the above writing is a true copy of the parol of honour given by the bearer, Maj. Robert Ro- gers, to the Committee of Safety for the Province of Pennsylvania. It is therefore recommended to such per- sons, that the said Maj. Rogers be permitted to pass where his business may lead him, without any hindrance or molestation. " Extracts from the minutes of the Committee of Safety. WM. GOVETT, Secy. " Philadelphia, 23d Sept. 1775." The Congress then adjourned until ten o'clock to-mor- row morning. DIE VENERIS, 10 ho. a. m. October 6th, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President pro tempore- A letter from Maj. Gen. Schuyler was read and filed, and is in the words following, to wit : " Ticonderoga, Sept. 29th, 1775. " Gentlemen — I am still confined with the remains of an inveterate disorder. I have this moment received a line from Gen. Montgomery ; he holds St. John's besieged, but the weak state of our army and artillery cause the opera- tions to go on slowly. The Canadians are friendly to us, and join us in great numbers, but unless we succeed against St. John's, all other operations in that quarter will avail little. We are in want of powder, and I send this by ex- 168 JOURNAL OF THE PROVINCIAL CONGRESS. press, that you may forward me five tons if you can. It should come in boats that can be rowed, that no delay may be made. Several rascals of the first battalion have de- serted to the enemy, and Capt. Mott of the same corps, shamefully run away from our bomb battery, when not one of the enemy was near him. " Pray let the powder be sent to the care of Col. Van Schaick, at Albany. " We have taken fifteen prisoners, seven of which are soldiers, the rest unfriendly Canadians and Scotchmen, in the service of the ministry. " I am, gentlemen, " With the most profound respect, " Your most obedient hum. servant, "PH. SCHUYLER. " Be pleased to forward the enclosed by express. " To the New-York Provincial Congress." Ordered, That Mr. Gabriel W. Ludlow, deliver with all possible despatch, fourteen hundred weight of gunpowder to John Van Cortlandt, and Joseph Hallett, Esqs. or their order. A draft of a letter to the Hon. the Continental Congress, to cover a copy of Gen. Schuyler's letter, received this day, was read and approved, and is in the words following, to wit: " In Provincial Congress, ? " Jit New-York, Oct. the 6lh, 1775. \ " Gentlemen — The enclosed packets we this hour re- ceived by express, from Maj. Gen. Schuyler. We have also enclosed a copy of the general's letter to this Congress. In consequence thereof, we have ordered up under the care of Mr. Watkins, one of our members from Charlotte coun- ty, fourteen hundred weight of powder, in a convenient boat rowed with oars. This quantity, except two hundred weight, belongs to the different counties of the Colony, and was ordered to be delivered some weeks ago ; but finding it yet in ihe magazines, we have in this necessity taken it. It is the whole that can be obtained in the Colony. " We have written to the committee of Albany for their aid in forwarding this necessary article with all despatch. " We have communicated this intelligence to Governor Trumbull. " From the importance of Gen. Schuyler's requisition, and the situation of the army to the northward, you will judge of the necessity of completing the general's request. " Pray devise some ways and means to replace our pow- der with all expedition, as we may be distressed, and should not remain in this defenceless state, if it can be avoided. " We are most respectfully, gentlemen, " Your most obedient humble serv'ts. " By order. " To the Honourable the Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and with a copy of Gen. Schuyler's let- ter transmitted by as a messenger. A draft of a letter to Governor Trumbull of Connecticut was read and approved of, and is in the words following, to wit : " In Provincial Congress, \ " New-York, October 6th, 1775. J " Sir — We enclose an extract of a letter received this moment from Gen. Schuyler, and shall send forward im- mediately to the army 1,4001b. of powder, (which is all we have,) but from the vast importance of this object, we have depatched an express to the Continental Congress, requesting that a further supply may be sent from thence ; we are however apprehensive that no considerable quantity can be got for this purpose, from Philadelphia ; as we shall want our powder replaced, and have therefore thought proper to forward the intelligence to you, and to beg that you will, with all possible despatch, give such aid in this necessary article as may be in your power. " We are, sir, your most obedient " And very humble servants. "To the Honourable Jonathan Trumbull, Esq. Governor of the Colony of Connecticut." Ordered, That a copy thereof be engrossed and signed by the President, and with an extract of Gen. Schuyler's letter received this day, transmitted by as a mes- senger for that purpose. A draft of an answer to Gen. Schuyler's letter was read and approved of, and is in the words following, to wit : " In Provincial Congress, } " New-York, October 6th, 1775. 5 " Sir — We have received your letter of the 29th ult. and have forwarded to you fourteen hundred weight of powder, which is all we have. We have also sent an ex- press to the Continental Congress, requesting them to fur- nish an additional supply ; but as we shall want our pow- der replaced by them, (being now destitute,) we are afraid that no great quantity can be got from thence for the army ; and have therefore sent an express to Governor Trumbull, requesting him immediately to give all the aid he can in this article. From these different quarters we hope you will have a timely supply to prevent any ill consequences from the want of it. " We are, sir, your most obedient " And very humble servants. " By order. " To Major-General Schuyler." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Capt. Robert Wallace attending at the door, was called in. He informs that he sailed from Baltimore, in Maryland, with the brig Mary on the 14th of September ; that the brig was cleared out on the ninth, was loaded before the tenth, and passed the Capes on the 23d ; that she is loaded with wheat, flour, and sixty casks of flaxseed ; that her owners live in Baltimore, and she is bound to Falmouth, in Britain ; that he put in here in distress, to save his life and the cargo ; that his vessel was brought to by the Asia ; that Capt. Vandeput had pressed six of his hands ; and that the brig Mary now lies along side of the Asia. Capt. Wallace prays leave to refit his vessel. Ordered, That Robert Wallace, master of the brig Mary from Baltimore, bound to Great-Britain, be permit- ted to bring the said brig up into the East river, in order to be refitted, and if necessary for that purpose, to unload her. A draft of a letter to the Continental Congress, inform- ing the state of the brig Mary, was read and approved, and is in the words following, to wit : " In Provincial Congress, ? " New-York, October 6th, 1775. J " Gentlemen — Capt. Robert Wallace, in the brig Mary, sailed from Baltimore, in Maryland, the 14th of September last ; cleared out the 9lh, was loaded before the 10th, and passed the Capes on the 23d ; she is bound to Falmouth for orders, and put in here by distress, and wants repairs ; her cargo consists of wheat and flour, and sixty casks of flaxseed ; she was brought to by the Asia ship of war in our harbour, who has pressed six of his men, but has pro- mised to return them, or supply him with others in their stead. The captain of this brig has applied to us for leave to come into this harbour to unload and refit, and when she is repaired she may be allowed to prosecute her intended voyage. From principles of humanity we consented to his coming to unload and repair; but shall give no further or- der until we are favoured with your sentiments on the sub ject, as it may possibly be construed a breach of the regu- lations of the last Congress relative to exportations. " We are respectfully, gentlemen, " Your most obedient, humble servts. " Bv order. " To the Honourable the Continental Congress." Ordered, That a copy thereof be engrossed, and sign- ed by the President, and transmitted by the messenger to Philadelphia. A draft of a letter to the Hon. Robert R. Livingston, was read and approved of, and is in the words follow- ing, to wit : JOURNAL OF THE PROVINCIAL CONGRESS. 169 "In Provincial Congress, ? " At New-York, October 6th, 1775. $ " Sir — Gen. Schuyler has, by express, sent to us for five tons of powder ; we have sent forwaid 1,400 weight, all that we have, in a boat, rowed with oars, to make de- spatch. " We pray you to order all the powder at the mill at Rhynbeck, to be forwarded by this conveyance. " We are, respectfully, sir, " Your most obedient, humble servants. " To the Hon. Robert R. Livingston, at his seat, Clermont." Ordered, That a copy thereof be engrossed and sign- ed by the President, and transmitted. A draft of a letter to the Committee at Albany, was read and approved of, and is in the words following, to wit : " In Provincial Congress, > " New-York, 6th October, 1775. $ " Gentlemen — In consequence of Maj. Gen. Schuy- ler's despatches this day received by express, we have sent up to Albany by a boat, expeditiously to be rowed up, 14001b. of powder for the use of the Northern army. We have acquainted the Continental Congress of this, and in- formed them that we would request you to give aid to the forwarding of this necessary article, in the best and most speedy manner ; and if you can by the help of your ma- gazine or any other way, augment the quantity, it would be very acceptable. We have urged the Grand Congress to send a further supply, if it is procurable, and to re- place what we lend on this necessitous occasion, as soon as possible. " You will please to advise with the Commissary-Gene- ral or his deputies, and Col. Van Schaick. if at Albany, respecting the mode of conveying up the powder in safety and with despatch. " We are, gentlemen, " Your most humble servants, " By order. " To the Committee at Albany." Ordered, That a copy thereof be engrossed and sign- ed by the President, and transmitted. A letter from Hendrick Fisher, Esq. Chairman of the Committee of Safety of New-Jersey, dated the 30th tilt, was read and filed. He informs that their Provincial Con- gress is to meet speedily, and that he will lay the letter from the Committee of Safety of New-York, on the sub- ject of apprehending deserters, before the Congress of New-Jersey. A letter from Beverly Robinson, Esq. was read and filed, and is in the words following, to wit : " Highlands, October 2nd, 1775. "Sir — Your letter of the nineteenth of September, I re- ceived a few days ago, in answer to which, I must inform you that the point of land whereon the fort is erecting, does not belong to me, but is the property of Mrs. Ogil- vie and her children. Was it mine, the public should he extremely welcome to it. The building a fort there can be no disadvantage to the small quantity of arable land on the island. I have only a proportion of the meadow land, that lays on the east side of the island. " I am, sir, your most humble servant. "BEV. ROBINSON. "To John Haring, Esq. Chairman of the Committee of Safety, at New- York." The Congress then adjourned until nine o'clock. DIE MERCURII, 9 ho. a. m. October \lth, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President. The petition of Abner Briggs to the committee of the 43 city, praying leave to ship 180 barrels flour to Falmouth, for the use of the people, of Nantucket, referred to this Congress by the committee of the city of New- York, and also an order of the House of Representatives of Massa- chusetts Bay, of the 28th of September last, signed by J. Warren, Speaker, whereby it is resolved that the commit- tee of correspondence for the town of Falmouth, in the county of Barnstable, be and were thereby empowered and directed by written permit under their hands, to grant license to the said inhabitants to purchase so much provi- sion and other necessary supplies as is sufficient for their internal consumption, and for those voyages which they may prosecute, consistent with the resolves of Congress and of that Court, and no more ; and that such permits shall specify the quantities each person has liberty to pur- chase. Thereupon, Ordered, That Abner Briggs be allowed to lade 180 barrels of flour for Falmouth, in the Colony of the Massa- chusetts Bay, upon condition that the said Abner Briggs do, within three months, return to the Secretary of this Congress a certificate from the chairman of the commit- tee of said town of Falmouth, that the said flour was re- ported to, and under the direction of the said committee, the danger of the seas and seizures excepted. And if the said Abner Briggs does not comply with the condition aforesaid, that then he shall be deemed guilty of an in- fringement of the resolution of this Congress, and an ene- my to this country. Mr. Thos. Smith and Henry Wil- liams dissenting. A letter from Volckert P. Douw, Esq. of Albany, dat- ed the fourth inst. was read and filed, and is in the words following, to wit : " Albany, October 4th, 1775. " Sir — Enclosed you have a copy of the journal and proceedings of the four Indians sent by the commission- ers of Indian affairs, appointed by the twelve United Co- lonies to the Caughnawagas to acquaint them of the treaty that had been held here with their brethren of the Six Na- tions and the commissioners. " I am, sir, your most humble servant, " VOLCKERT P. DOUW. " To Peter V. B. Livingston, Esq. President of the Provincial Cougress." The journal of the proceedings of the Indians therein mentioned was read and filed, and is in the words fol- lowing, to wit : " Albany, Saturday, 30th September, 1775. "A meeting with the four warriors of the Six Nations who were sent by the commissioners (appointed by the twelve United Colonies,) of Indian affairs, (after the treaty held with the Six Nations at Albany,) to the Caughnawagas. " They were asked by Volckert P. Douw, Esq. one of the commissioners, what they brought. " Answered by Sarisltago (alias Peter,) by George Ful- mer, the interpreter, that they were sent by the Six Na- tions at the request of the twelve United Colonies to the Caughnawagas, to inform them what had been done here, which we undertook and have performed. We came to the Isle aux Nois and delivered the letter to Gen. Schuyler, which we had from the commissioners, and the belts of wampum we took along and others which we prepared by the way ; Gen Schuyler fitted us out with provisions and money to go to Caughnawaga. We were brought with a batteaux ten miles, with three Canadians as guides, as we were unacquainted with the road; notwithstanding we went at least six miles out of our road, where we lay, next morning we came on the road that leads from St. John's to Laprairie ; from thence, we went on 'till we came to a house, and the people there put us on another road ; they feared if we went on that road we should be taken priso- ners ; from thence, the people on the road used us well, yet we lay in the woods out of choice. Next morning we proceeded ; about nine o'clock, we came to the river St. JOURNAL OF THE PROVINCIAL CONGRESS. 170 Lawrence, eight or ten miles below Caughnawaga, where we set up a white flag, which we had from Gen. Schuy- ler as a token ; from thence, we proceeded about a mile or two, where we met a hundred warriors (of different nations,) who came from Caughnawaga at the request of Guy Johnson, (as they said,) and were going to St. John's to join the regulars to fight against the Continental army ; as soon as they saw our flag they immediately came to us, on which we desired them to hearken to what we had to say to them from the commissioners of the twelve United Colonies and Six Nations. On delivering which, there was a great dispute among the warriors ; some were for proceeding, others for returning ; the majority were for returning to the castle : on which two runners were de- spatched to acquaint the chiefs of the castle that four of the Six Nations were come to speak to them. When we arrived within two miles of the castle, we were met by some on horseback to know if it was true that we were coming ; and on seeing us immediately returned to the castle, (as we supposed,) to acquaint the chiefs that it was true. When we arrived at the castle, one of the princi- pal chiefs came to us, took the white flag from us and brought it in the council house, and introduced us at the same time. When we arrived in the council house, all the chiefs and warriors of the Seven Nations were assembled and desired to know our messages ; as they were very in- quisitive to know what had been done at Albany by the Six Nations and the commissioners of the twelve United Colonies ; we then desired (as we were fatigued) that they would indulge us three or four hours to rest, and then they might call us. About four hours thereafter, we went to the council house. " We then informed them of all that we were charged with from the Six Nations and commissioners of the twelve United Colonies, on which they heartily thanked us for the information, as they were now convinced that Guy Johnson had told them nothing but lies. We then deliver- ed General Schuyler's request to them, that two of their chiefs and two of their warriors would come to him and confer farther on the matter, as he desired that they would stand on one side, that no Indian blood might be spilt. Af- ter which a party of Guy Johnson's Indians with Colonel Claus, came with strings of black wampum, to invite us to come to him in Montreal, as he had understood that we were come from the Six Nations, on which we answered, we had no order to go to Guy Johnson, but that we were sent to Caughnawaga, and did not intend to go any farther, which made a great confusion in the castle among the Indians ; and we were informed by the Caughnawaga Indians that Col. Johnson was about making up a company to take us prisoners, and advised us not to lay in the castle that night, but that we should go about three or four miles out of the place to a plantation there ; and some of the Caughnawagas went with us, where we lodged and were well used. The next morning the Caughnawaga Indians returned with us to the castle, where we received an answer to our speech, which we had delivered in behalf of the Six Nations. That they should be quiet till St. John's was taken, and then they should come to Onondaga to speak with them ; and as General Schuyler was desirous to speak with them they would now go with us to him to hear what he had to say to them ; they then again conducted us three or four miles out of the castle, and said that early next morn- ing they would make up seven of the chiefs and warriors to go with us to the Isle aux Nois to Gen. Schuyler. In the morning they came and went with us to the Isle aux Nois. When we came to the island, Gen. Schuyler was gone from thence, on which we and the Caughnawagas and Fulmer, our interpreter, went by water toward St. John's, where the army lay under the command of Gen. Montgomery. Gen. Montgomery prayed the Caughnawagas that they would keep their people on one side, as he would be very sorry to shed any of the blood of his brethren ; on which the Caughnawagas thanked General Montgomery for his speech, and gave him a belt of wampum, and assured him that he might depend that not one of the Seven Nations of Canada Indians should in the least molest them ; on which Gen. Montgomery thanked them, and made them a present for the Seven Nations of Canada Indians, besides a gratui- ty to the seven ambassadors." Ordered, That the brass field pieces last cast by James Byers, be delivered to Capt. Anthony Rutgers, for the use of the artillery company under his command, and that he get good carriages and other necessaries for the said two field pieces with all possible despatch. The application of Capt. Benjamin Lindsay of Provi- dence, was read ; he therein sets forth that in the month of August last he delivered to this Congress a letter from the Committee of Safety of the town of Providence, signed by deputy Gov. Cook and others, requesting to load his, the said Lindsay's sloop, and Capt. Whitney's sloop; that pro- visions were purchased for both cargoes, and but only one to wit, the cargo of Lindsay's sloop shipped ; and that the other cargo now lays in store, which he prays leave to lade and take to Providence. Ordered, That Benjamin Lindsay be allowed to lade the said provisions on board for Providence, upon condition that the said Benjamin Lindsay do deliver a manifest of the said provisions to the Secretary of this Congress, and with- in three months return to the said Secretary a certificate from the chairman of the committee at Providence ; that the said provisions were reported to and under the direc- tion of the said committee, (the danger of the seas, and seizures excepted ;) and if the said Benjamin Lindsay does not comply with the condition aforesaid, that then he shall be deemed guilty of an infringement of the resolution of this Congress and an enemy to his country. A letter from Gen. Washington, of the 5th inst. directed to Isaac Low, Esq. was read and filed, and is in the words following, to wit : " Camp at Cambridge, Oct. 5th, 1775. " Gentlemen — By an intelligent person from Boston, the 3d inst. I am informed that a fleet consisting of one 64 and one 20 gun ship ; 2 sloops of 18 guns ; 2 transports with 600 men, were to sail from Boston yesterday ; their destination a profound secret ; that they took on board 2 mortars and 4 howitzers, with other artillery calculated for the bombardment of a town. I have thought it proper to apprize every considerable town on the coast of this ar- mament, that they may be upon their guard. Should I re- ceive any farther account of their destination it shall be forwarded. " The same person also informs that an express sloop arrived 4 days before from England at Boston, which she left the 8th August. Gen. Gage, and most of the officers who were at Lexington are recalled, and sail this day. Gen. Howe succeeds to the command. Six ships of the line and 2 cutters under Sir Peter Dennis are coming out. Five regiments and 1000 marines may be expected at Bos- ton in 3 or 4 weeks. No prospect of accommodation, but on the other hand every appearance of the war being pushed with the utmost vigour. " I am, gentlemen, very respectfully, " Your most obt. and very hum. servt. " GEO. WASHINGTON." A letter from Col. Hasbrouck, and the returns of the election of the officers of the several companies of the mi- litia in that part of Ulster county, which is intended to be in the regiment of Col. Hasbrouck, at the south end of Ulster county. Ordered, That commissions issue to all the gentlemen named in those returns. A return of militia officers on the south side of the mountain in Orange county, signed by Thomas Outwater chairman, was delivered in and filed. The Congress then adjourned to nine o'clock to-morrow morning. JOURNAL OF THE PROVINCIAL CONGRESS. 171 DIE JOVIS, 9 HO. A. M. October \2th, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President. A certified copy of the notes of examination of Capt. William Thompson, was sent by post to the New-York Delegates at Congress, and another copy to Gen. Wash- ington, each enclosed in a private letter from the President. Capt. John Lawrence being by request attending at the door, was called in and examined, and notes of his exami- nation taken which are filed, and are in the words follow- ing, to wit : " Capt. John Lawrence sailed from London the 2d of August ; left Falmouth the 14th: says, he made it his bu- siness to get all the intelligence he could with respect to the intentions of Government against the Colonies. That 23 ships from 40 guns and under were fitting out for the American service, to relieve the ships which were deemed too large, which he understood were to be recalled. That they were not all to come out this fall on account of the carpenters' leaving the yards ; that he understood 5 regi- ments were to come from Ireland, 3 regiments from En- gland and Scotland, and 5 companies of artillery ; that a large quantity of ordnance was shipping for America, and that five transports with provisions were sailed for Boston before he sailed ; that he understood the troops were destin- ed for Boston ; that he heard that 4 or 5 of the transports had sailed for Ireland, to take the troops on board before he sailed ; that he saw 4000 stand of arms shipped for Que- bec ; that 2 brigs sailed out of the Downs in company with him laden with warlike stores ; that they sailed with- out convoy ; that thev had a lieutenant on board each, but no troops ; that he understood the arms were for the use of the Canadians ; that he did not hear of any troops go- ing to Quebec ; that he did not hear of any artillery or stores or troops were to be sent to the southern Colonies, or to this Province ; that he understood that 10,000 tons of transports were taken up to go to Embden, and 16,000 Hessians and Hanoverians were intended for America. But whether they were to proceed immediately to America or touch in England was not certain ; reports differing re- lative thereto. That the report of employing Hessians and Hanoverians took place before the account of Bunker Hill battle ; that the people seemed to be much exasperated against the Americans on receiving the account of Bunker Hill ; that the merchants in general were opposed to the Americans ; that they were much pleased on hearing that 15,000 of the provincials were killed and taken prisoners by about 1700 regulars; but when the true state of the battle arrived they made long faces ; that he did not hear of their building any flat bottomed boats ; that the news of tak- ing Ticonderoga, &c. was by no means relished ; that it was supposed the Parliament would be called sooner than usual, on account of calling the Hessian and Hanoverian troops ; that Capt. Effingham Lawrence told him that he had been informed by Lord Gage, that they intended to make up their army in America to 30,000 men this fall ; that there was no complaint of the manufacturers wanting employ, and it was generally supposed that the administra- tion kept them employed ; that the people in general thought New-York worse than any of the other Colonies for disap- pointing them, not only by joining the other Colonies, but by acting more vigorously than the rest ; that he heard there was more than ordinary demands for British goods by the Mediterranean ; that the manufacturers in Ireland were quiet, but wished well to the Americans ; that the people in England were anxious to hear from the Congress, expecting some offer of accommodation. That it was re- ported that on the news of Bunker Hill, the stocks fell a little, but afterwards rose again ; that he heard of no dis- union in the councils of administration ; that great num- bers of vessels were laid up in the Thames owing to the stopping of the American trade ; that it was generally ex- pected in England that the next news from America would be that Maj. Skeene was hanged. This Congress having frequently been unable to pro- ceed to business for want of sufficient number of members, Ordered, That the members of each county present who have not a quorum of their county, do immediately write to their absent fellow deputies to attend this Con- gress without delay. Col. McDougall moved and was seconded by Maj. Wil- liams in the words following to wit : I move that a committee be appointed to examine all the resolutions and advices of the Continental Congress relative to this Colony, and report without delay, their opinion of the best means to carry the said resolutions into execution, and also what use should be made of that advice for the safety of this Colony. Ordered,, unanimously, that Col. McDougall, Mr. Kis- sam, Mr. Hubbard, Mr. Low and Mr. Silvester be a com- mittee for the purposes mentioned in the foregoing motion of Col. McDougall. A letter from the Delegates of this Colony at the Conti- nental Congress of the 9th inst. was read and filed, and is in the words following, to wit : " Philadelphia, 9th October, 1775. " Gentlemen — We received your favour of the 4th inst. containing an account of the troops raised in our Colony, of which we shall make the proper use. The Congress approve highly of your diligence in the erection of fortifi- cations on Hudson's river. You will we believe receive by this conveyance, their sentiments on this subject, as well as extracts of some letters that show its propriety and the designs of administration against us. " We sincerely lament the necessity to which the want of gunpowder may reduce us, and have endeavoured, as far as lies in our power, to remove it by procuring for you, at the Continental expense, one ton, which was all that could be obtained. You will take care not to forward this, unless you know how to supply yourselves ; for it is not the de- sign of the Congress that you should at any time be en- tirely at the mercy of the enemy. " We will take care to get your artillery company put upon a proper footing, in which we apprehend no difficul- ty. As to the want of clothing for our troops, we are not without hopes that that may be provided for in Canada, of which we can not but flatter ourselves they will shortly be in possession. " We remain, gentlemen, " With the greatest respect, "Your most obedient humble servts. " PHIL. LIVINGSTON, "JOHN ALSOP, " JAS. DTJANE, " ROBERT R. LIVINGSTON, Junb. " To the Hon. the Convention of the Province of New- York." A letter from the Hon. John Hancock, of the 9th inst. was read and filed, and is in the words following, to wit : " Philadelphia, October 9th, 1775. " Gentlemen — Your letters of the 6th inst. have been laid before Congress ; they have issued an order for one ton of powder to be sent to New- York. But I am direct- ed to inform you, if you can with safety spare it, or any part, it is the wish of Congress, you immediately forward it to Gen. Schuyler. " In answer to your letter respecting the brigantine Ma- ry, Capt. Wallace, which put into your port to repair, I am ordered to acquaint you that the Congress recommend that she proceed on her voyage, with the cargo, after being refitted. " In consequence of your letter to Congress, enclosing a plan and estimate of the fort erecting on the Highlands of North river, I now enclose you the resolution of Con- gress thereon, to which I refer you. I also enclose you a resolve of Congress, respecting those who are in your 172 JOURNAL OF THE PROVINCIAL CONGRESS. opinion dangerous, by being at large, to which also refer you. " Your proposal enclosed, respecting the importation of gunpowder, is submitted to a committee ; the resolution of Congress thereon shall be transmitted you. "I have written to Gen. Wooster at Albany, by order of Congress, to proceed to the fort now building at North river, and there leave as many of his troops as the con- ductor of the works shall think necessary to expedite the works, and with the remainder to proceed to New- York and there remain. " By desire of your Delegates, I enclose you some ex- tracts of letters from London laid before Congress. " I am, gentlemen, " Your most obedient servant, " JOHN HANCOCK, Prest. " To the Convention of New-York." The resolution of Continental Congress, therein enclos- ed, relating to the erecting of fortifications in the Highlands was read and filed, and is in the words following, to wit : " The report of a committee appointed to lake into con- sideration the letters from New- York, and the plans for obstructing Hudson's river : " That the Provincial Convention of New-York be di- rected immediately to render Hudson's river defensible ; that in doing this they be particularly attentive to form such works as may be finished before the winter sets in; as it is very doubtful whether any stone work can be pro- perly made at this advanced season, it is submitted to the judgment of the said Convention, whether it would not be more cheaply and expeditiously done by works of wood or fascines. If they should think otherwise, that they be di- rected to go on with the work in the way which they think best, since it is the opinion of the Congress that the work should by no means be neglected. " But if the work be already begun on the plan sent us, that they render such parts as can be first finished, defen- sible, so that their labour be not thrown away, if an attack should be made before the whole can be finished. " That the Convention be directed to inquire whether there are not some other places, where small batteries might be erected so as to annoy the enemy, on their passage, particularly a few heavy cannon at or near Moore's house, and at a point on the west shore a little above Verplanck's point. " That it be recommended to said Convention to esta- blish at proper distances, posts to be ready to give intelli- gence to the country, in case of any invasion, or by signals to give alarms in case of danger ; and that they confer with the Assembly of Connecticut, and the Convention of New- Jersey, on the speediest manner of conveying intelligence in such cases, and receiving assistance when necessary. "That the Convention be farther directed to take the most effectual method to obstruct the navigation of the said river, if upon examination they find it practicable. " Agreed to in Congress, October 7th, 1775. "CHAS. THOMPSON, S*cy." The resolutions of the Continental Congress also there- in enclosed, respecting persons dangerous to the communi- ty, was read and filed, and is in the words following, to wit : " In Congress, October 6th, 1775. " On motion made, " Resolved, That it be recommended to the several Provincial Assemblies, or Conventions and Councils, or Committees of Safely, to arrest and secure every person in their respective Colonies, who is going at large, as may, in their opinion, endangei the safely of the Colonies, or the liberties of America. " A true copy from the minutes. " CHAS. THOMPSON, Sec'y. " To be kept as secret as its nature will admit." The extracts of the letters from London of the 31st of July last, therein mentioned, were also read and filed, and are in the words following, to wit : " Extract of a letter before Congress, dated " ' London, July 31st, 1775. "'I have lately heard a person intimately connected with the administration, lament that 20,000 men had not been at first sent to America, one-half to have remained wilh Gen. Gage at Boston, 5,000 to have kept possession of New-York, and cut off all assistance from the southern Colonies, and 5,000 to have been employed under Bur- goyne, or Howe, in making descents in different parts of New- England, and ravaging and burning the towns. And I have good information that it is yet intended to endeavour to recover the possession of New-York, Albany, &c. so as to open a communication with Canada, and prevent the New-Englanders from receiving any succour from the southward. There is a talk that more of the train of ar- tillery and some regiments of foot are going to America.' " " Extract of another letter, by the said conveyance, laid before Congress, dated " ' July 31st, 1775. " ' It is fit I should convey to you a more particular de- tail of what I have collected, and more especially as it is from unquestionable authority. The British American ge- nerals differ, I am informed, as to the number of men which they now think it will require to subdue the Massa- chusetts rebels. Gage says 15,000 more than he already has, and Burgoyne says 20,000 more. But all the gene- rals, however, agree in desiring a large reinforcement of artillery, and, therefore, orders were yesterday sent to Woolwich for four companies to embark immediately for North America, with a large train of field pieces, &c. and a faither supply of clothing, more than I mentioned in my letter of the 15th for the Canadians, which Government is assured by Gen. Carleton, he shall raise in the Province of Quebec. Parliament is prorogued till September, and then will be farther prorogued to meet the beginning of November. In the mean time, Lord North thinks he pos- sesses power and credit sufficient to order more forces to America and push matters to the greatest extremity before winter sets in.' ' I have been well assured that if the Spa- nish armada should not visit Gibraltar, which, from the re- pulse it is said they have met with, will be the case, Go- vernment proposes composing that garrison of three-fourth Hanoverians, and one-fourth British troops, in order that they may send the remainder of the latter now there to America. But the secret, as they imagine, plan of opera- tion they have at present in agitation, or, which I perhaps might properly say, actually determined on and trans- mitted to Boston, is as follows. " ' Wilh the assistance of Gov. Tryon, who is much relied on for the purpose, to get immediate possession of New- York and Albany ; to fill both :hese cities with very strong garrisons ; to declare all rebels who do not join the King's forces ; to command the Hudson's and East rivers with a number of small men of war and cutlers stationed in dif- ferent parts of it, so as wholly to cut off all communica- tion by water between New-York and the Provinces to the northward of it, and between New-York and Albany ex- cept for the King's service, and to prevent also all commu- nication between the city of New-York and the Provinces of New-Jersey, Pennsylvania and those to the southward of them. By these means, the administration and their friends fancy that they shall soon eilher starve out or re- take the garrison of Crown Point and Ticonderoga, and open and maintain a safe intercourse and correspondence between Quebec, Albany and New- York, and thereby af- ford the fairest opportunity to their soldiery and the Cana- dians in conjunction with the Indians, to be procured by G. J. to make continual irruplions into New-Hampshire, Massachusetts and Connecticut, and so distract and divide the provincial forces, as to render it easy for the British army at Boston to defeat them, break the spirits of the Massachusetts people, depopulate their country, and com- JOURNAL OF THE PROVINCIAL CONGRESS. 173 pel an absolute subjection to Great Britain. Another good effect to be deduced from this extensive plan, as Govern- ment apprehend, is, that as New-York wdl by this method be prevented from supplying the Massachusetts army near Boston with flour, &c. as they heretofore have done through the medium of Connecticut ; and the New-Jersey and Pennsylvania people will not be able to transport provisions across the country ; and as the Colony of Connecticut does not raise corn sufficient for the supply of herself and the Massachusetts Bay, the inhabitants and troops of this Province must inevitably of course, be in a short time de- stroyed by diseases and famine. And to this train of facts, let me add, that in consequence of Gen. Gage's desire, brought by Capt Chadd, [or Chudd] one hundred flat-bot- tomed boats are at present building at Deptford, &c. in or- der to be immediately sent to America ; but for what par- ticular purpose, I have not yet been able to learn. Many American gentlemen, however, have been asked by a lord high in the American department, 'What sized vessels can go loaded from hence to Albany ?' ' What is the depth of water at the Overslaugh ? ' I think that is the name of the shallowest place in the North river. ' Whether the ship belonging to Albany in the London trade, is always obliged to unload part of her cargo before she can get to Albany, and what proportion of it ? ' ' Whether if batte- ries were erected at the Highlands, they would not pre- vent vessels from going up and down the North river ? ' and where would be the best places on that river to hinder the New-Jersey people, &c. from sending flour, &c. in the winter through Connecticut to the Massachusetts army ?' " Extract of a letter from London, 7th Aug. 1775. " The design last spring was to have divided the troops sent out, as it is said, according to a plan of Gov. Tryon's, which he gave to the ministers, for carrying on the Ameri- can war ; but Gage's necessity has altered that plan for the present, and has obliged him to collect all the troops together at Boston, and Tryon with all his malignity of heart, is compelled to sit still this season. As Tryon for his conduct in North Carolina, is in high estimation with the ministry, his plan of attacking the different Colonies at the same time, is still to be followed ; and the talk is, that troops will be sent to New- York, Pennsylvania and Vir- ginia. " It is long since Carleton has received orders to enter the frontiers of the northern Colonies with the Canadians ; and by his proclamation of martial law, he is endeavour- ing to put his orders in practice. 'Twas part of Tryon's scheme to meet Carleton with the four regiments that were ordered to New-York. This idea is not yet given up ; for I understand 'tis intended, if the shipwrights can be forced or cajoled to work again, to construct a number of flat-bottomed boats here, so contrived as when they touch the shore, to throw down a platform that will land at once six armed men, or may be used to fire field pieces or swi- vel guns from. They are, when completed here, to be taken to pieces, and sent to Canada to be used on the lakes. " Besides the armies on foot, every Colony should dili- gently attend to training their militia for their own internal defence. All valuable goods should be removed from Rhode-Island into the country, that the island may not be surprised as Boston was. The same thing should be done in the city of New-York ; and at the same time fortify some strong passes to prevent any troops getting into the country. It would be a capital stroke to get possession of Tryon's person. Philadelphia must also look to itself in time." Ordered, That the master of the brigantine Mary have notice that he has leave to depart this Colony as soon as she is refitted and fit for sea. A letter from John Farmer, clerk of a meeting of the inhabitants of Great-Neck, Cow-Neck, and all such as lately belonged to the company of Capt. Stephen Thorn, was read and filed, and is in the words following, to wit : " At a meeting of us the inhabitants of Great-Neck, 44 Cow-neck, and all such as lately belonged to the company of Capt. Stephen Thorn in Queens county, being duly warned on Saturday, the 23d of September, 1775, and taking into our serious consideration our distressed and ca- lamitous situation, and being fully convinced of our total inability to pursue proper measures for our common safety, while we in all cases are considered as part of the town- ship of Hempstead ; and being conscious that self-preser- vation, the immutable law of nature is indispensable : do therefore " Resolve, first, That during the present controversy, or so long as their general conduct is inimical to freedom, we be no further considered as a part of the township than is consistent with peace, liberty and safety ; therefore, in all matters relative to the congression plan, shall consider ourselves as an entire separate, independent beat or district. " Resolved, secondly, That Mr. Daniel Kissam, Mr. Henry Stocker, Mr. William Thorn, Mr. Benjamin Sands, Mr. William Cornwell, Mr. John Cornwell, Mr. John Mitchell, Sen. Mr. John Burtiss, Mr. Simond Sands, Mr. Martin Schenk, Mr. Daniel Whitehead Kissam, Mr. Peter Onderdonk, Mr. Adrian Onderdonck and Mr. Thomas Dodge be a committee for this beat or district. "Attest, JOHN FARMER, " Clerk of Meeting. " In committee for the district of Great-Neck, Cow-Neck, &c. in Queens county, the 4th of October, 1775. " Present — Joha Cornwell, William Cornwell, Thomas Dodge, Si- mond Sands, Adrian Onderdonk, Daniel Whitehead Kissam, Peter On- derdonck, John Burtiss and Benjamin Sands. " Then proceeded and chose Benjamin Sands, chair- man. " Then adjourned to the 7th inst. " In committee according to adjourment. " Present — The same members as before, and also Martin Schenck. " When the following resolves were passed nem. con. " Resolved, That the proceedings of the meeting on the 23d September, for enabling this part of the county, to pursue congressional measures, and the committee chosen in consequence, be immediately laid before the honorable Provincial Congress, or in their recess, the Committee of Safety, for their approbation. " Resolved secondly, That the following gentlemen hav- ing signed the general association, and being duly elected as officers of the militia company lately formed in this dis- trict, agreeable to the recommendation of the honorable Provincial Congress of this Colony, are hereby returned accordingly : "John Sands, captain; Henry Allen, 1st lieutenant; Thomas Mitchell, 2d lieutenant; Aspinwall Cornwell, en- sign. (" Signed.) By order. "BENJ. SANDS, Chairman. " Attest. "John Farmer, Clerk of the Committee." A draft of a letter to Mr. John Farmer at Cow-Neck was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) "At New-York, October 12th, 1775. ) " Sir — The Congress have received the state of the pro- ceedings of the inhabitants of Great-Neck, Cow-Neck, &c. relative to the choice of a committee and officers for that district, and highly approve of their conduct therein. The commissions are enclosed to the officers, agreeable to the choice made ; and the Congress doubt not that your com- mittee and the other associators, will, in their conduct, ma- nifest a due attention to the important interests of their country in its present alarming and critical situation. " We are your humble servants. " P. S. You are requested to return a list of the asso- ciations as soon as may be convenient. " To Benjamin Sands, Esq. Chairman of the Committtee of Great-Neck and Cow-Neck." 174 JOURNAL OF THE PROVINCIAL CONGRESS. Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A draft of a letter to the commissioners at the fortifica- tions in the Highlands was read and filed, and is in the words following, to wit : " In Provincial Congress, ) "New-York, October 12th, 1775. \ " Gentlemen — The enclosed resolution which we re- ceived last evening from the Continental Congress will show you the objects they have in view, with regard to the fortifications now building in the Highlands, and also their sentiments as to the necessity of fortifying several other places on the river. We desire that you would take the matters recommended by the Congress into consideration, without loss of time ; go to the several places mentioned in the resolution ; give us your opinions as to the fortifications necessary to be built at these places, with an estimate of the expenses, and what will be wanting from this city to complete the works. You will take Mr. Romans to your assistance, and use all possible despatch in making your report to this Congress. We have only to add, that you conduct this business with as much secrecy as the nature of the transaction will admit. " We are, gentlemen, " Your very humble servts. " By order. " To the Gentlemen Commissioners at the fortifications in the Highlands." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of this Congress, pay unto Capt. John Grennell, of Col. James Clinton's regiment, the sum of one hundred and seventy-seven pounds thirteen shillings and nine pence, for the purpose of paying the officers and men belong- ing to his company, that the said company may be enabled to join the regiment ; and that the said Capt. John Gren- nell do give a receipt to the said Treasurer, and an order to the depuly-paymaster-general for the repayment of the said sum, and to acquaint Col. James Clinton therewith. The sum above mentioned being the amount of the pay of the officers of that company for Iwo months, and the pay of the private men to the thirtieth day of September last, included. The account of the men and their pay sent to the Treasurer to be filed. The Congress proceeded to hear the proceedings of the Committee of Safely on the fourth and fifth days, and of the morning of the sixth day of September, which were read. The Congress then adjourned to nine o'clock to-morrow morning. DIE VENERIS, 9 ho. a. m. October IBtk, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President, fyc. A letter from the Hon. Jonathan Trumbull, Esq. Go- vernor of Connecticut, was read and filed, and is in the words following, to wit : " Lebanon, 9th October, 1775. " Sir — Have this moment received your favour of the 6th inst. enclosing an extract of your letter from Gen. Schuyler, also requesting me to give such aid in the ne- cessary article you mention as may be in my power. I have just received Gen. Washington's letter of the fifth inst. advising that a small fleet, consisting of a 64 gun ship, a 20, two sloops of 18 guns, two transports, and about 600 men, with two mortars and four howitzers on board, had just sailed from Boston ; from which he sus- pects they intend to bombard some town on the coast. We have this day received by report a transient account that some ships were cannonading the town of Bristol as the last Saturday, but have not got any certain intelligence of the matter ; we are in expectation they may appear soon on our coast ; that under the present situation of affairs we are not able to lend any aid in the necessary articles vou mention, having made so many disbursements of that" ar- ticle already. " I am most respectfully, " Sir, your most obt. hum. servt. "JONTH. TRUMBULL." " To Honourable President Woodhull." A draft of a letter to the Continental Congress was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, October the 13th, 1775. \ " Gentlemen — The enclosed letter from Gov. Trum- bull, we received this morning. " In our application to the Colony of Connecticut, for aid in the article Gen. Schuyler requested might be for- warded to him, have failed, and thought proper to enclose Gov. Trumbull's letter to the Congress. " We are gentlemen, " Your obedient servts. "By order. To the Honourable John Hancock, President of the Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and with a copy of Gov. Trumbull's let- ter enclosed, sent by post. A copy of the information received from Capt. John Lawrence, was enclosed to the New- York Delegates by post in a private letter from the President. A letter from John Berrien, was read and filed, and is in the words following, to wit : " New-York, Oct. 13th, 1775. " Gentlemen — I have to acquaint you that the money received by the commissioners, amounting to three hun- dred and fifty pounds, is expended, and that I am consi- derable in advance ; have sundry orders from the above gentlemen laying against me, and some considerable accounts of provision, stores, &c. Must therefore beg your honourable House to furnish me with five hundred pounds on account by an order on your Treasurer, to ena- ble me to answer the above demands. " I am with respect, " Your obedient hum. servt. "JOHN BERRIEN. " To the Hon. the Provincial Congress." Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of this Congress, advance to Mr. John Berrien, as com- missary of the commissioners for erecting the fortifications in the Highlands, and one of the said commissioners, the sum of five hundred pounds, to be applied for the necessa- ry purposes of erecting the said fortifications ; and that Mr. Livingston take Mr. Berrien's receipt for the same on account. A letter from B. Romans, dated 12th inst. was read and filed ; and is in the words following, to wit : " Honourable gentlemen — By order from the Com- mittee of Safety I am up here for the purpose of con- structing this fort ; said gentlemen gave me their words that I should be appointed principal engineer for this Pro- vince, with the rank and pay of colonel. As I have been now actually engaged in this work since the 29th August last, I should be glad to know the certainty of my appoint- ment, and therefore humbly pray that my commission may be made out and sent. I have left the pursuit of my own business, which was very considerable, and endangered my pension from the crown, by engaging in our gieat and common cause ; these matters considered, I hope my re- quest will be thought reasonable, and therefore complied with. " I remain, with the utmost respect, " Honourable gentlemen, "Your most obedient humble servant, "B. ROMANS. "Fort Constitution, October 12th, 1775." JOURNAL OF THE PROVINCIAL CONGRESS. 175 Ordered, That the same be taken into consideration when the proceedings of the Committee on that subject are read. Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of this Congress, advance to James Byers, who is casting brass field pieces, by order of this Congress, the sum of two hundred and fifty pounds on account, and that Mr. Livingston take James Byers' receipt for the same on account. A long letter in French from Jean Viellatt, on behalf of himself and some other French gentlemen from Canada, who are prisoners at Albany, was read in English by Mr. Morris. Ordered, That the same be enclosed to the New- York Delegates at Congress. Thereupon, the draft of a letter to the committee at Al- bany, was read and approved of, and is in the words fol- lowing, to wit : " In Provincial Congress, ) " New-York, Oct. 13th, 1775. $ " Gentlemen — The Canadian prisoners in your city have applied to us, in order to obtain their liberty, which it certainly is not in our power to give them. The Gens. Schuyler and Montgomery, must have had good reason to take them into custody ; yet it is our duty to alleviate as much as possible the evils of their confinement. We therefore request this of you, and also to provide them with lodgings and board at the public expense, taking the necessary precautions to prevent their escape. " We are, &c. " To Committee of Albany." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A draft of an answer to the said Jean Viellatt, was read and approved of, and is in the words following, to wit : "In Provincial Congress, ) "New-York, Oct. 13th, 1775. $ " Gentlemen — We are sorry that the fortune of war hath deprived you of liberty, and are unacquainted with the reasons which have induced the generals to take that step. It is our misfortune equally with yours that we are not authorized to take this matter into our consideration ; and therefore we have sent your memorial to the Conti- nental Congress, who are alone competent. All that is in our power is to obey the dictates of humanity by endea- vours to alleviate the rigours of your captivity ; for this purpose we enclose you a letter to the committee of Alba- ny, which you will be pleased to deliver them ; and believe that we are with regret, " Your countrymen. " To Mr. Jean Viellatt and his companions, at Albany." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A draft of a letter to the Delegates of the Colony of New-York, in Continental Congress, was read and approv- ed of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, Oct. 13th, 1775. $ "Gentlemen — We enclose you the memorial from some prisoners in Albany ; our answer, and also a letter on the subject to the committee at Albany, on neither of which shall we make any comment ; you will lay such of them before the Congress as you think proper. " We are, &c. " To the Delegates of the Colony of New- York, at Congress, Philadelphia." Ordered, That a copy thereof be engrossed and signed by the President, and together with the papers therein mentioned, transmitted. The Congress then proceeded to hear the proceedings of the Committee of Safety on the afternoon of the sixth day of September last. On reading the letter of Samuel Bayard, Esq. Ordered, That the same remain for further consideration. On reading the letter of Nicholas Low, of the 6th Sept. last for leave to ship flour. Ordered, That a letter be wrote to the Continental Con- gress, requesting their directions, whether the inhabitants of this Colony ought to be prevented from exporting pro- visions or any other articles to any other places whatso- ever, except those interdicted by the general association of the Congress. Thereupon, a draft of a letter to the Continental Con- gress, was read and approved of, and is in the words fol- lowing, to wit : " In Provincial Congress, } "New-York, Oct. 13th, 1775. $ " Sir — I am directed to request the favour of you to take the sense of the Hon. Congress, and to give us their answer by return of the post, or first other good convey- ance, whether the inhabitants of this Colony ought to be prevented from exporting provisions or other articles to any places whatsoever, except those interdicted by the general association of the Congress. " I am, with the greatest respect, " By order of the Congress. " To the Hon. John Hancock, President of Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. The Congress then proceeded to hear the report of the proceedings of the Committee of Safety, on the 7th of September last, and on reading the certificate of Jacobus Sioutenburg, the Congress conceived his estimate of the arms therein mentioned to be too high. And, Ordered, That inquiry be made, what is become of the accoutrements mentioned in that certificate ; and that the same be farther considered hereafter. The Congress then proceeded to hear the residue of the proceedings of the last Committee of Safety on the seventh, and their proceedings on the eighth day of September last. Thereupon, Mr. Low moved and was seconded by Mr. Verplanck, in the words following to wit : I move that the sense of this Congress be taken, whether the evidence which appears to this Congress, was sufficient to authorize the taking of Mr. Bethune. Debates arising thereon, and the day being near elapsed, Ordered, That Mr. Low's motion be postponed till to- morrow morning. The Congress then adjourned until 9 o'clock to-morrow morning. DIE S ABB ATI, 9 a. m. October 14th, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President, fyc. Mr. John Moore, of Tryon county, attending at the door, was called in ; he produced a certificate from the committee of Tryon county, signed by Nicholas Herkimer, chairman, was read and filed, and is in the words following, to wit : " Tryon County Committee Chamber, ? " September 13th, 1775. $ " Hon. Gentlemen — Agreeable to a resolve of this committee, instead of our late Delegate at the Provincial Congress of New-York, Mr. John Moore, a member of our committee, was chosen by a majority of votes to re- present our county in the said Provincial Congress of New- York, as our Delegate, whom we recommend to be ac- cordingly accepted on that purpose ; and we are of our humble opinion that one will suffice as representative for our county, as the expenses for two would be too burden- some for our small county. Relying on your favourable grant, we are always with much regard, hon. gentlemen, " Your obedient hum. servts. " By order of the committee, " NICHOLAS HERCKHEIMER, Chairman." 176 JOURNAL OF THE PROVINCIAL CORGRESS. Ordered, That Mr. John Moore take his seat. Francis James, owner of a pilot boat, named the Bishop of Landaff, lately employed in services to the eastward, was called in and examined. Thereupon, Ordered, That the wardens of the port of New-York, do, on their oath of office, value the said pilot boat as she now lays, and return their valuation thereof, signed by them- selves, to this Congress with all convenient speed. A letter from Jacob Lansing, Jr. Esq. chairman of the committee at Albany, was read and filed, and is in the words following, to wit : " Albany, October 9th, ]775. " Gentlemen — In consequence of vour letter respect- ing the repairing of the barracks, we have appointed those persons whom you recommended to us, who we judge are competent for the purpose ; we will give them all the ad- vice they may stand in need of, in order to complete this business with expedition. And as many articles cannot be got without cash, viz : firewood, lime, brick, &c. we have therefore taken the liberty to draw upon you in fa- vour of Messrs. Peter Silvester, Abraham Yates, Jr. and Henry Glenn, Esqs. for the sum of two hundred pounds, for which sum this committee will be accountable for after the work is completed. " We are, gentlemen, with esteem, " Your most humble servants, " By order of the committee. "JACOB LANSING, Jun. Chairman: 1 The draft for two hundred pounds, mentioned in the let- ter of Jacob Lansing, Jr. Esq. chairman of the committee of Albany, was read and filed, and is in the words follow- ing, to wit : " Albany, October 9th, 1775. " Sir — Please to pay or cause to be paid unto Messrs. Peter Silvester, Abraham Yates, Jr. and Henry Glenn, Esqs. the sum of two hundred pounds, New- York cur- rency, for the purposes mentioned in our letter of this day's date. " I am, sir, your most obedient servant, " By order of the committee, " JACOB LANSING, Jun. Chairman. " To N. Woodhull, Esq." Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of the Provincial Congress, do pay to Peter Sil- vester, Abraham Yates, Jr. and Henry Glenn, Esqs. the sum of two hundred pounds, New- York currency, for the purpose of repairing the barracks at Albany, and that Mr. Livingston take a receipt from those gentlemen for that sum. The President informed the Congress that powder from Philadelphia for this Congress is passed or passing through Elizabethtown to Dobbs' ferry. Ordered, That Col. McDougall be authorized and is hereby authorized to take such methods to get that powder safe to town as he shall think proper. A letter from Jacobus Van Zandt, was read and filed, and is in the words following, to wit : " Saturday morning. " Sir — We think it will be prudent of the Congress to order Col. Lasher to procure twenty men to guard the Congress money without Sandy Hook, as the man of war boat may lay in wait for her near that place. Although the Viper may be at sea by way of decoy. " I am, in behalf the committee, sir, " Your humble servant, "JACOBUS VAN ZANDT. " P. S. The vessel will be ready to sail this evening or to-morrow. " To Col. Woodhull, Chairman of Provincial Congress." Ordered, That Mr. Van Zandt and Col. McDougall confer with Mr. Van Zandt on the subject of his letter, and that they agree upon such methods relative thereto as they shall think proper, and carry the same, or direct the same to be carried into execution. The Congress then resumed the consideration of the motion of Mr. Low of yesterday, seconded by Mr. Ver- planck, which motion is in the words following, to wit : I move that the sense of this Congress be taken whether the evidence which appears to this Congress was sufficient to authorize the taking of Mr. Bethune. And debates arising thereon, and the question being put whether the evidence which appears to this Congress was sufficient to authorize the taking of Mr. Bethune, it was carried in the negative, in manner following, to wit : For the negative. For the affirmative. New-York,. . . 4 Suffolk, 2 Mr. McDougall, Thomas Cumberland, 2 Smith, John Van Cortlandt, — James Beekman, dissenting. 4 Queens, 2 Kings divided. Mr. Thome dissenting. Richmond, 2 Tryon, 2 Albany, 3 13 Resolved therefore, That it is the sense of this Con- gress that the evidence which appears to this Congress was not sufficient to authorize the taking of Mr. Bethune. On motion of Mr. Micheau, Ordered, That the report of the committee made on the 8th of July last of a plan for a dissolution of this Congress and the election of a new Provincial Congress for this Co- lony, except that part which was then agreed to, be taken into consideration on Wednesday next. The Congress then adjourned until Monday morning, but not then able to make a House. DIE MARTIS, 9 ho. a. m. October nth, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President. A letter from Walter Franklin & Co. was read and filed, and is in the words following, to wit : "New-York October 17th, 1775. "Respected Friend : " We have a sloop which we propose sending to Georgia, one of the United Colonies, and to put her in a set of ballast with about one hundred barrels of flour, some bread, rum, and perhaps some other small articles, but shall not proceed to take any thing on board until a per- mission is first obtained from the honourable Provincial Congress. " We are, respectfully, thy friends, WALTER FRANKLIN & Co." Ordered, That the consideration thereof be deferred un- til to-morrow. Mr. Kissam, from the committee appointed to examine all the resolutions and advices of the Continental Congress relative to this Colony, delivered in their report, which was read, and the same being again read, paragraph by para- graph, and amended and approved of, is in the words fol- lowing, to wit : " Your committee report that they have perused all the resolutions of the Continental Congress, (which more im- mediately respect this Colony,) from the 18th May to the 17lh inst. and find that the resolution relative to the col. lecting saltpetre and brimstone hath not been fully compli- ed with, and therefore do report it as their opinion, " 1. That all the brimstone and sulphur in this city, not exceeding 20 tons, (except about two tons to be reserved for the use of vessels,) be purchased and deposited with all convenient despatch at some secure place near the pow- der mills in this Colony, under the care of the respective committees of the county or district where the mills are. JOURNAL OF THE PROVINCIAL CONGRESS. 177 " 2. That a letter be written to the respective colonels of the militia and minute men in this Colony, requesting them to appoint and notify to their respective regiments some convenient place of rendezvous, where they are to muster, completely equipped, upon any public alarm, and to remain until marching orders shall be received by their respective colonels, or commanding officers ; and that the colonels be desired to acquaint this Congress of the places they shall so respectively appoint for that purpose. " 3. That in order to give a general alarm throughout the Colony in case of invasion, and for the purpose of mus- tering the regiments aforesaid, that beacons be erected at convenient places and distances throughout the Colony ; and where convenient places cannot be found to erect bea- cons, that cannon be fixed instead of them, and that some fit person be employed, under the direction and with the advice of the several county committees, to make a proper arrangement for this business, and to report thereon to the Congress. " 4. And for the purpose of conveying intelligence in case of invasion, your committee report, that it be recom- mended to the several county committees in this Colony, to appoint and engage some one or more of their own body, (whose place of residence shall be convenient for the pur- pose, or any other discreet person or persons who shall live on or near the most public roads that lead from New-York through their respective counties,) to have a person and horse in readiness to forward intelligence in case of inva- sion : and that the commiltees fix the several stages in their respective counties, from 10 to about 15 miles distance, and make a return thereof to the Congress, with the names and places of abode, of the persons to be employed as aforesaid. " 5. That a letter be written to the commissioners ap- pointed for erecting a battery on the banks of Hudson's river, requesting them to examine whether it is practicable to obstruct the navigation of Hudson's [river] between this city and the said battery ; and if so, in what place and how, and that they report thereon with all convenient speed ; and that the said commissioners be also desired to report whether there are any other places on Hudson's ri- ver, where small batteries may be erected so as to annoy the enemy in their passage, and particularly whether the point on the west shore, a little above Verplanck's point, and at or near Moore's house, would not be a proper place for that purpose, and that they be requested to report to this Congress with all convenient speed, such places as they shall think may be advantageously fortified, with an estimate of the expense, and an account of the number and weight of ordnance that will be wanting, and when, in their opinion, the works could be completed. " 6. Your committee further report, that it is their opi- nion, that four companies of matrosses, consisting of 80 men each, will be necessary to occupy the forts on Hud- son's river, when completed, and that one company at least should be immediately enlisted for that purpose, and that it will be proper to write to the Continental Congress for their direction on this subject. " 7. That a copy of the Continental resolution of the 7th inst. together with such parts of this report as respect the said resolution, be sent to the Assembly of Connecticut and the Provincial Congress of New-Jersey, together with a letter requesting their advice on the subject of conveying intelligence in cases of invasion, and of receiving assistance when necessary." Resolved, That this Congress does agree with their com- mittee in their report. The draft of a letter to the colonels of the militia and mi- nute men, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " At New-York, Oct. 17/A, 1775. \ " Sir — In order that timely assistance, may be had in case of an invasion on this Colony, directions will be given 45 by the Congress for erecting beacons at some and cannon in other places of the Colony to alarm the country. These signals, when erected, will be so arranged as to prevent any mistakes in the alarm. " You are requested to give orders to your regiments, that upon any alarm so made, they muster completely equipped, (and with provisions,) at some convenient place of rendezvous, to be appointed by you, and remain there till you shall receive marching orders from the Congress or your commanding officer. Please to acquaint us with the place you shall appoint for the rendezvous. " We are, " Your humble servants. " To the Colonels of the Militia and Minute Men." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A draft of a letter to the Congress of New-Jersey, and to the Governor and Company of Connecticut, was read and approved of, and is in the words following, to wit : " Sir — We enclose you a copy of an order of Congress, directing us to confer with you on the speediest manner of conveying intelligence in cases of invasion, and of receiv- ing assistance when necessary. We also enclose a plan for that purpose for your consideration, and beg you will favour us with your sentiments on the subject, with such amendments or additions to it as you may think neces- sary. " We are your very humble servants." Ordered, That two copies thereof be engrossed and and signed by the President, and one copy thereof be di- rected to the Congress of New-Jersey, and another copy to the Governor and Company of Connecticut. A draft of a letter to the Continental Congress was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, October 17th, 1775. $ " Sir — We have used all possible despatch to complete the fortifications on Hudson's river, and we expect they will be in such forwardness in about six weeks, as to have most of the cannon mounted. " The commissioners have been directed to make the necessary inquiries respecting the other small batteries, and in the obstructing of the navigation of Hudson's river, mentioned by Congress in their order of the 7th inst. to which due attention shall be paid. " We are of opinion that four companies of matrosses, consisting of at least eighty men each, will be wanted to occupy these forts when completed, and that one company at least should be immediately raised, that we may in time have more properly trained to the use of cannon, as the uti- lity of our fortifications will much depend upon it. " We are, &c." Ordered, That a copy thereof be engrossed and signed by the President, and, together with a copy of the above reports of the committee, be transmitted. Ordered, That Mr. Peter T. Curtenius be requested to purchase fifty thousand flints and five tons of lead for the use of this Colony. Messrs. John Griffith and Thomas Vardell, two of the wardens of the port of New-York, delivered in an estimate of the pilot boat named the Bishop of Landaff, which was read and filed, and is in the words following, to wit: "New-York, Oct. ISth, 1775. " We, the subscribers, have examined the pilot boat named the Bishop of Landaff, and find her to be worth the sum of four hundred and ninety-six pounds this currency. " £496. "JOHN GRIFFITH, " THOMAS VARDELL." A receipt from Col. Goose Van Schaick to Christopher Dunyckink, for 14001b of powder, delivered at Albany on the 10th inst. was read and filed. 178 JOURNAL OF THE PROVINCIAL CONGRESS. A letter from John Hanson, one of the commissioners for erecting the fortifications in the Highlands, dated and received yesterday, was read and filed, and is in the words following, to wit : "Gentlemen — I shall esteem it a very particular favour if you will appoint somebody to act in my place as one of the commissioners for erecting fortifications on Hudson's river, as I have always intended going to the West Indies the last of this month. I shall return up the river and give you every assistance in my power during my stay here, and bring with me the joint opinion of all the gentlemen relative to the new instructions sent to us from the Conti- nental Congress. " I am with esteem and respect, gent. " Your most obedient hum. servt. " JOHN HANSON. " Monday, Oct. 16th, 1775." Ordered, That the said letter remain for consideration until a proper person can be thought of as a commissioner. Robert North and Terboss, two of Hudson's river skippers, came into Congress, and complained of some disagreeble treatment which they received at the new fortifications. Thereupon a draft of a letter to the said commissioners was read and approved of, and is in the words following, to wit : " In Provincial Congress, ? " New-York, Oct. \lth, 1775. 5 " Gentlemen — We have received complaints from sun- dry persons, with relation to the conduct of some among you, who have maltreated the commanders and passengers of vessels navigating Hudson's river, for not lowering the peak of their mainsail upon passing the fort. Those who have been provoked by this demand, complain that you should of your own authority, without, the recommendation of the Congress, exact instances of respect from your fellow citizens. You must at once be sensible, that so trivial a token, or the omission of it, can never mark out our friends from our foes, or answer any other valuable purpose. At the same time it is evident that great disgusts have arisen from the peremptory demand, and probably bloodshed may ensue. The Colonies have sufficiently suffered through punctilio, and we beg you will desist from exacting marks of submission or respect of any kind, until a plan which is now in agitation shall be completed, which may tend to obviate the future intentions of our foes to pierce into the interior of the Colony, through the natural communication which the river affords ; to prevent this, is the intention of the fortification which you superintend, and therefore all signals from vessels going backwards and forwards should in our opinion be singly [or simply] confined to that ob- ject, and be by no means used as instances of complaisance to the Congress or its officers, when the peace and safety of the community so loudly forbid it. " We are, gentlemen, " Your most obedient humble servts. " By order. "NATHL. WOODHULL, President." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. The petition of John Hunter for assistance in cash, and his plan for carrying on a linen manufactory, with the scheme for appointing managers delivered in therewith, were read and filed. Ordered, That the said petition and plans amending the same, lay on the table for the perusal of the members. The petition of Richard Lightfoot, a pinmaker, propos- ing a plan for carrying on the business of pin-making, and requesting money and the aid of Congress to set that busi- ness on foot, and carry it on. Ordered* That the said petition and the papers attending the same, lie on the table for the perusal of the members. The Congress then adjourned until nine o'clock to-mor- row morning. DIE MERCURII, 9 ho. a. m. October 18th, 1775. The Congress met pursuant to adjournment. Present— Nathaniel Woodhull, Esq. President. A letter from the Hon. John Hancock, President of the Continental Congress, was read and filed, and is in the words following, to wit : " Philadelphia, Oct. 16th, 1775. " Gentlemen — By some late advices from Gen. Schuy- ler, we understand that he is in great distress for want of powder ; and as so much depends on the success of that expedition, indeed as the safety of all America depends upon it, the Congress have unanimously agreed that the ton of powder forwarded to you last week from Philadel- phia, be with all possible expedition depatched to Gen. Schuyler. In the mean time the Congress will fall upon all the measures in their power to furnish you with what they possibly can. " You will please immediately to put this recommendation in execution. " I am, gentlemen, " Your most obedient hum. servt. " JOHN HANCOCK, President. " To the Provincial Congress New- York." Ordered, That the ton of powder mentioned in Presi- dent Hancock's letter of the 16th inst. and now in the powder house at New- York, be forwarded to Gen. Schuyler immediately, and that John Van Cortlandt and Joseph Hal- lett, Esqs. or either of them, be empowered to receive the said powder from Gabriel W. Ludlow, Esq. and forward the same to Col. Van Schaick, at Albany, and in his ab- sence, to the commissary there, to be forwarded to Gen. Schuyler immediately, and that those gentlemen forward the said gunpowder in such manner as they think best. And, Ordered, That Gabriel W. Ludlow, Esq. deliver the said ton of gunpowder to John Van Cortlandt and Joseph Hallett, Esqs. or either of them, or their or either of their order. Thereupon a draft of a letter to Col. Van Schaick, at Albany, and in his absence, to Walter Livingston, Esq. was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " At New-York, Oct. 18th, 1775." \ " Sir — We send by this conveyance a ton of gunpow- der, which by order of the Hon. the Continental Congress, is to be forwarded to Gen. Schuyler with all possible de- spatch, which we pray you to see performed. " We are, respectfully, sir, " Your very humble servants. " By order. " To Col. Goose Van Schaick, at Albany, and in his absence, to Walter Livingston, Esq. or his deputy." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted with the said gunpowder. A draft of a letter to the letter of the Hon. John Han- cock, President of the Continental Congress, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, Oct. 18th, 1775. \ " Sir — We are this moment honoured with your favour of the 16lh inst. advising us of the unanimous resolution of Congress to forward to Gen. Schuyler the ton of powder you lately sent us, which was immediately ordered to be carried into execution, although we cannot, beside that, command 2001b of powder, if it would save the Colony from destruction. We have frequently spared all the pow- der in our Colony to supply the urgent calls of the Conti- nental army at Cambridge and Ticonderoga, and thereby exposed ourselves to insult and ruin. " We therefore intreat you to represent to Congress the JOURNAL OF THE PROVINCIAL CONGRESS. 179 absolute necessity of their replacing, without delay, the powder we have furnished to the Continental army, for otherwise we shall not be able, in case of an invasion, to make that defence which might be expected from us by our neighbours, or even to prevent insults. Should the Con- gress be unable to order us the powder out of the Conti- nental magazine, we submit to their consideration, whe- ther the city of Philadelphia cannot, with greater safety to the confederated Colonies, spare the quantity we have sent to the army, than we can want it. " We are, respectfully, sir, " Your most obedient servants, " By order. " To the Hon. John Hancock, President of the Continental Congress." Ordered, That a copy thereof be engrossed and signed by the president and transmitted. Mr. Abraham Yates from the members of Albany brought in a draft to Walter Livingston, Esq. the Deputy Commis- sary-General at Albany, relating to the accounts of ferry- men for ferrying soldiers in that county, which was read and approved of, and is in the words following, to wit : " In Provincial Congress, > " At New-York, Oct. 18th, 1775. <, " Sir — Upon application of the members from Albany, representing the unsettled state of the ferrymen's charges for carrying over the troops on their way to the seat of action, we think proper to inform you that we conceive those charges should be a Continental charge, and would recommend it to you to settle the same, that no obstruction may arise to the troops passing and repassing to and from that quarter. " We are most respectfully, sir, " Your very humbly servants, " By order. " To Walter Livingston, Esq. Deputy Commissary-General, at Albany." Ordered, That a copy thereof be engrossed and signed by the president, and transmitted. Mr. Jacobus Van Zandt informed the Congress that in obedience to their parol instructions given to him in Con- gress yesterday, he had agreed with Francis James for the purchase of the pilot boat named the Bishop of Landaff. That the said Francis James on behalf of himself and the other owners of the said pilot boat, had disposed of her to him for the sum of four hundred and ninety-six pounds the value at which she has been appraised by two of the wardens of this port. Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of this Congress, do immediately advance to Mr. Jacobus Van Zandt the said sum of four hundred and ninety-six pounds, to pay for the said pilot boat named the Bishop of Landaff. A letter from Gen. Washington was read and filed, and is in the words following, to wit : " Sir — I am to thank you for your favour of the 4th inst. enclosing the advices from England of 26th July and 8th August. " A few days ago I apprised the Committee of New- York of the sailing of a small fleet from Boston with artil- lery to bombard a town. I did not then know that the Provincial Congress was sitting, or the advice would have been directed to them. I now, sir, beg leave to acquaint you that the fleet then mentioned has been seen standing N. N. E. so that we apprehend it is destined against some town on the coast of this Province, New-Hampshire, or perhaps to Quebec. " We have no occurrence in the camp worthy of notice. Both sides are making all preparation for winter. " I am, with the most respectful regards to the Provin- cial Congress, sir, " Your most obedient and very humble servant, "GEO. WASHINGTON. Camp at Cambridge, Oct. 13th 1775. " To the President of the Provincial Congiess, New- York." A letter from Samuel Bayard and William Bedlow, com- missioners at the fortifications in the Highlands, bearing date the 15th inst. was read and filed. They therein com- plain of much ill treatment from Robert North, master of a sloop from Poughkeepsie. A letter from Messrs. Samuel Bayard and William Bed- low, two of the commissioners of the fortifications at the Highlands, bearing date on the 16th inst. was read and filed, and is in the words following, to wit : " Sir — Yours, in Provincial Congress of the 12th inst. enclosing sundry resolutions of the Continental Congress, we yesterday received, and on consulting with Mr. Ro- mans the engineer, have made the several remarks thereon, which we now send you enclosed. As soon as time will permit, we shall view the places recommended, more strictly than we have had an opportunity to do at present ; the engineer informs us he cannot give an estimate of the charge of a further work that may be necessary at Poop- loop's kill. " We shall exert ourselves in forwarding the works car- rying on here, and every other order the Provincial Con- gress may command. We beg leave to request that you will communicate this, with the enclosed, unto the honour- able Provincial Congress. " We are, sir, " Your very humble servants, "SAMUEL BAYARD, "WILLIAM BEDLOW. " Hudson's river, October 16th, 1775. " To Nathaniel Woodhull, President of the Provincial Congress." The remarks of the engineer and commissioners at the Highlands, were read and filed, and are in the words fol- lowing, to wit : " Remarks to answer the report of a committee appointed to take into consideration the letters from New-York, and the plans for obstructing the navigation of the Hud- son's river. " If it be considered that the season when this work was undertaken was very far advanced, I think that we are in as forward a situation as can be wished for, and I make no doubt but the work begun will in three weeks time be of sufficient strength to stand the brunt of as large a ship of rank as can come here, and two or three small fry. " Heavy cannon, such as of 18, 24 and 32lb. seem to be all that is wanted, I think on Saturday next to be able to mount from 12 to 18 cannon, 8 of which at least might be heavy ones. We are in a miserable timber country, even fascines are with more difficulty got than stones ; of the last we have such plenty that in four days 1 50 perches of wall has been properly laid by 12 masons. We want more workmen, especially masons, and our [men] require a re- gulation prescribed to them, which it seems impossible to bring them under, until they be properly officered and dis- tributed, each division having its proper department allotted. " It is not only the difficulty of getting timber, but we have fully experienced that the part of the work which is done in timber advances slower than the stone, by a degree beyond all comparison. " A battery at Moore's house seems, at present, to me entirely useless. I will examine further into this article. " The point on the west side above Verplanck's point, is too easy of access, and in the vicinity of many ill dis- posed people ; besides this, it can be of little use. But at Pooploop's kill, opposite to Anthony's nose, it is a very important pass ; the river narrow, commanded a great ways up and down, full of counter currents, and subject to almost constant fall winds ; nor is there any anchorage at all, except close under the works to be erected. It is a very easy matter to establish posts for intelligence with the upper country and Connecticut; for the last I intend to go in person, in about two or three weeks time. With those in the Jerseys I am not so perfectly acquainted, but if the coun- try people are well affected, I know the roads admit of the 180 JOURNAL OF THE PROVINCIAL CONGRESS. most expeditious intelligence, and of our receiving the readiest assistance. " I understand that it will be an easy matter to obstruct the navigation of the river, so as to confine it to 12 or 14 feet ; and in that case it remains large enough for our use, and without new inventions and conslructions the enemy can then do us very little hurt. "B. ROMANS, Engineer. " Highlands, October 16th, 1775. " We have considered the above remarks and fully con- cur in opinion with the engineer. "SAMUEL BAYARD, "WILLIAM BEDLOW. " Highlands, October 16th, 1775." Ordered, That a copy of the said letter and remarks be made, to be sent to the Continental Congress. The order of the day being read, the Congress proceed- ed to take into consideration the report of the committee on the 8th of June last, of a plan for the dissolution of this Congress, and the election of a new Provincial Con- gress for this Colony. The same was read, and being again read by paragraphs, and amended ; on reading that part of the said report which directs to choose such per- sons as they can confide in to represent them, &c. Col. Hardenbergh moved, and was seconded by Maj. Williams, in the words following, to wit : I move that elections for Delegates for the next Pro- vincial Congress shall be by ballot, in the several cities and counties in this Colony. Whereupon Mr. De Lancey moved, and was seconded by Mr. Clarkson, the previous question, whether the ques- tion on Col. Hardenbergh's motion should be now put. And the previous question being put, it was carried for the previous question in the manner following, to wit : For the previous question. .Against the previous question. Westchester, 2 Ulster, 2 New-York, 4 Cumberland, 2 Messrs. McDougall and Suffolk, 2 Thomas Smith dissent- — ing from their county. 6 Tryon, 2 Albany, 3 Kings, 2 13 Resolved, therefore, That the question on Col. Harden- bergh's motion be not now put. The said report being then read through and agreed to, and approved of, is in the words following, to wit : [Report not entered.] Resolved, That this Congress does agree with their said committee in their said report. And Ordered, That the same be published in all the news- papers. A letter from Mr. John Hanson one of the commission- ers for erecting the fortifications. Reasons he therein as- signs, that he declines acting any further as commissioner, and requesting that some other person can be appointed in his stead. " Gentlemen — I have taken the liberty to enclose to you the paper delivered to me by Mr. Yates, and Mr. Glenn. Those gentlemen behaved with the greatest po- liteness, and I imagined that their observations would have been sufficient to have set every thing at the fort in proper order. As for my part, when I undertook that business it was from pure love to my country, and to the rights of mankind, without any views of self-interest ; and never ex- pected any pay for what I did ; and I believe that those who were joined with me acted from the strictest princi- ples of honour. I can with truth say, that never any man was ill used passing that river, by any of us, unless he abused us ; and then to receive but a small check, not equal to his demerits. It would have been acting genteel to have inquired into the complaint laid before Congress, before passing a censure upon the gentlemen at the fort, contained in the four first lines of your letter to them. When men act upon principle, and are placed at any par- ticular post of consequence, and find themselves in a pre- carious situation, it naturally follows they must exercise their own judgment for the good of the post, and ought to be supported by those who placed them there ; which has not been the case in this instance. An insult offered to them was offered to the Congress, and the abuse of the complain- ants in Congress ought not to have been permitted. Had the Congress answered our letter relative to the very thing complained of, this never would have happened. I must therefore request, gentlemen, the favour of the Congress to appoint somebody in my room, for I will never more go back to the fort. " I am respectfully, gentlemen, " Your obedient humble servt. " JOHN HANSON. " October the 18th, 1775." Ordered, That the consideration thereof be referred till to-morrow. The Congress then adjourned until 9 o'clock to-morrow morning. DIE JOVIS, 9 ho. a. m. October 19th, 1775. The Congress met pursuant to adjournment. Present — Nathaniel WoodhulJ, Esq. President. A petition from Samuel Tudor, praying for rank for himself and company was read and filed. Ordered, That Mr. Clarkson and Mr. Thomas Smith and Mr. Morris be a committee to inquire into the preten- sions of Capt. Rutgers and Capt. Tudor, and their respec- tive companies, and report their opinion with respect to the rank of those gentlemen and their companies. A draft of instructions to the superintendents at the for- tifications in the Highlands, respecting vessels passing the said fortifications, was read and filed, and is in the words following, to wit : " In Provincial Congress, ) "New-York, Oct. 19th, 1775. J " Gentlemen — We are favoured with yours of the 15th inst. and are pleased with your activity in forwarding the fort and works under your charge in the Highlands. To obviate all disputes relative to your conduct, it is our de- sire that you would dispense with the ceremony of vessels lowering their peak as they pass the fort; we think it can- not answer the purpose of detecting the foe, and that for the future you would observe the following rules : 1. In general we do not apprehend any danger can arise from vessels coming from the northward ; you may there- fore let them pass unmolested unless you shall have evi- dence on oath, or a certificate from some committee pre- viously given, that they are intended to supply the minis- terial army or navy with succours or necessaries, in which case you are to detain them until you can give the Con- gress or the Committee of Safety notice thereof, together with such evidence or certificate and receive their orders. 2. You will permit all vessels from the southward to pass by unmolested, unless you shall have good reason to suspect that they are prosecuting designs, inimical to the general cause, and in such case you will prevent them from proceeding until you shall be satisfied that they have no such designs : 3. We recommend it to the superintendents of the fort, and also to the inhabitants of the Colony by their general conduct, to use their endeavours to cultivate a good un- derstanding with each other. Being confident that the su- perintendents will not permit those employed under them to use illiberal language to persons navigating the river, and that they will in the exercise of their office give as lit- tle trouble to the inhabitants of the Colony as is possible. " We are respectfully, gentlemen, " Your very humble servants, " By order. ' To the Commissioners at the fortifications in the Highlands." JOURNAL OF THE PROVINCIAL CONGRESS. 181 Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Ordered, That Timothy Doughty and all the other pri- soners now in the jail, by order of the Committee of Safety, be brought down before this Congress to-morrow morning to be heard, and that Col. McDougall be requested to furnish a sufficient guard for that purpose. The Congress then proceeded to hear the proceedings of the Committee of Safety on the 9th, 1 1th, 12th, 13lh, 14th and part of the 1 5th days of September last, and on reading that part of the minuies of the Committee of Safety which relates to John Cornell and George Nicholson, Resolved unanimously, That John Cornell be at liberty to prosecute George Nicholson, or any other person he thinks proper, for a certain horse said to be let to the said George Nicholson, or for the hire of the said horse. The Congress then proceeded to hear the residue of the minutes of the proceedings of the said Committee of Safely as far as the end of their proceedings on the morning of the said fifteenth day of September last. A letter from the committee of Newport, dated October 12th, and signed by Samuel Dyre, chairman pro lem. was read, setting forth the distresses of the said town, through the want of bread, and praying that Capt. John Andrews and Mr. Nathan Beebee may be permitted to purchase a load of flour for the use of the inhabitants of the said town of Newport. Ordered, That Capt. John Andrews and Mr. Nathan Beebee be allowed to purchase and lade on board of their vessel, a cargo of flour for the use of the inhabitants of the town of Newport, upon the condition that the said John Andrews and Nathan Beebee do deliver a manifest of the said flour to the Secretary of this Congress, and within three months return to the said Secretary, a certifi- cate from the chairman of the committee of Newport, that the said flour was repotted to and under the direction of the said committee, (the dangers of the seas and seizures ex- cepted); and if the said John Andrews and Nathan Beebee do not comply with the condition aforesaid, that then they shall be deemed guilty of an infringment of the resolution of this Congress and enemies to this country. The Congress adjourned to 9 o'clock to-morrow morning. [Report of committee of 8th June last of a plan for the dissolution of this, and electing a new Provincial Con- gress, wanted.] DIE VENERIS, 9 ho. a. m. October 20th, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President. A letter from the Delegates of this Colony at Continen- tal Congress, dated Philadelphia the 16th inst. was read, and is in the words following, to wit : "Philadelphia, 16th Oct. 1775. " Gentlemen — Four of your Delegates being absent on public business, and another detained by ill health, we are at present reduced to five, less than which number are in- sufficient to form a representation, so that in case of sick- ness or the necessary absence of any one of us, our Pro- vince remains unrepresented. "We submit it, therefore, to your consideration, whether a delegation of the power to three, when the rest are ab- sent, would not be advantageous to the Colony. " We beg leave to be favoured with your answer to this as soon as possible ; and have the honour to be with the greatest respect, " Your most obedient humble servants, "JAS. DTJANE, "JOHN ALSOP, " ROB. R. LIVINGSTON, Junr. " HENRY WISNER, " JOHN JAY. " The Honourable the Provincial Congress of New-York." 46 A draft of a letter to the Delegates of this Colony at Continental Congress, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, October 20th, 1775. 5 " Gentlemen — Although we do much regret the chance you mention that our Colony may, perhaps, be unrepre- sented ; yet it is our misfortune to conceive ourselves in- capable of complying with the mode you have pointed out to prevent this untoward circumstance. Although we should not hesitate to confer the important trust with which you are invested, upon five gentlemen, or any three of that five, upon the supposition that it was now a question to nominate our trustees de novo ; and although we have no apprehensions but that five such gentlemen might at once be named, from among those who now represent us ; yet, when we consider that twelve were originally designated, of whom five to be a quorum, we necessarily supposed that this last number was particularly pointed out with a general view to the several members, and in the confi- dence that every five of them would be amply sufficient for that beneficial purpose. We cannot pretend, there- fore, to lessen that number, unless, indeed, upon the most cogent necessity, and perhaps not then. " We are, with great respect, gentlemen, "Your most obedient servants, " By order. "P. S. We should be glad to be informed of the deter- mination of Congress on the application lately made by us with relation to the commerce of this city. '' To the New-York Delegates in Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A draft of a letter to the Hon. Robert R. Livingston, in answer to his of the 9th inst. was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, October 20th, 1775. $ " Sir — Your favour of the 9th inst. has been laid before our Congress. They are happy to learn that 10201b. of very good powder has been made and sent up to Albany, out of the wet powder sent you for that purpose. " With regard to the 2001b. of powder sent to the com- mittee at Albany, the Congress think it highly reasonable that you should receive £25 per cwt. for it, the same as you get from other purchasers, at your mill, and you will besides be entitled to the premium of five pounds per cwt. agreeable to the resolution of this Congress of the 9th June last, for all powder which you have manufactured or shall manufacture in this Colony, within one year from the date of the said resolution. " The 9001b of saltpetre sent from Connecticut by Mr. Hamlin, and the 4001b. from the committee at Albany, you will be pleased to have worked up, and kept at your mill until further orders, for the use of this Colony. " The Congress cheerfully agree to your proposal of being allowed the same price for manufacturing it as is gi- ven to the powder makers in Pennsylvania. " We are respectfully, sir, " Your very humble servants, " By order. " To the Honourable Rodert R. Livingston." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A letter from Mr. John Berrien dated this day, was read and filed, and is in the words following, to wit : " New-York, October 20th, 1775. " Gentlemen — The commissioners at the post have wrote me that they are in want of a sum of money to an- swer the demands of the country workmen and labourers, and to pay for sundry supplies from that quarter. I would submit it to your wisdom whether it would not be proper to order them supplied with two or three hundred pounds for those purposes, as the transmission of orders drawn in 182 JOURNAL OF THE PROVINCIAL CONGRESS. their favour by the commissioners, is attended with many I inconveniences to them, and may in its consequences, ob- j struct the public business. " I am, gentlemen, with great respect, " Your obedient humble servt. "JOHN BERRIEN. " To the Honourable Provincial Congress." Thereupon ordered that Peter Van Brugh Livingston, Esq. as Treasurer of the Provincial Congress of this Co- lony, do advance to Mr. John Berrien, one of the com- missioners for erecting the fortifications on the banks of Hudson's river in the Highlands, the sum of two hundred pounds for the purpose of enabling the said commission- ers to pay off the demands of the country workmen and labourers at the said fortifications, and that Mr. Livingston take Mr. Berrien's receipt for the same. A letter from Col. Goose Van Schaick of the 15th inst. was read and filed, and is in the words following, to wit: " Albany, October 15th, t775. " Sir — Agreeable to Gen. Schuyler's orders to me, I send down sergeant Niel McFall of the 26th regiment and William Elphiston, both taken in Canada. Those priso- ners will be delivered you by Thomas Batts, sergeant in the Connecticut troops ; hope he will deliver them safe to your custody. " I am, with perfect esteem, " Your most obedt. and humble servant, " GOOSE VAN SCHAICK. " To Peter Van Brugh Livingson, Esq. President of the Provincial Congress in New-York." Niel McFall and William Elphinston were called in and examined. And thereupon Niel McFall, a sergeant in the 26th regiment of foot, a prisoner taken in the Colony of Canada or Province of Quebec, and now in the power of the Provincial Congress at New-York, being enlarged on the promise of himself and of Thomas Mason of the city of New-York, innholder, his father-in-law, given to the Provincial Congress of New-York, that he the said Niell McFall will not bear arms against the American United Colonies in any manner whatever, during the present un- happy controversy between Great Britain and the Colonies, and that he will not give any intelligence to Gen. Gage or the British ministry, or any officer in ministerial army or navy, or any other person or persons whatever, relative to American affairs until the said controversy shall be deter- mined; and that he will on demand deliver himself up a prisoner to the Provincial Congress or Committee of Safe- ty for the Colony of New-York. It is therefore recom- mended to all persons, that the said Niel McFall be per- mitted to remain peaceable and unmolested in the city of New-York. By order. NATHL. WOODHULL, Prest. Attest. J. McK. Sec'y. Ordered, That a copy thereof be signed by the presi- dent and countersigned by one of the secretaries, and deli- vered to the said Niel McFall. William Elphingston, Jr. was informed that his former conduct did not entitle him to the like treatment or favour as Niel McFall, because that when he was taken by Col. Arnold and liberated he had entered a second time into the ministerial service. But this Congress have such a high sense of liberty, that they are determined to permit him to go at large on the like engagement of himself and of his father here present as that given bv Niel McFall and Thomas Mason. Thereupon, the said William Elphing- ston, Jr. and William Elphingston his father did promise and engage to this Congress that the said William Elphing- ston, Jr. will not bear arms or serve in anv other manner against the American United Colonies in any manner whatever during the present unhappy controversy between Great Britain and the Colonies, and that he will not give any intelligence to Gen. Gage or the British ministry, or any officer in the ministerial army or navy, or any other person or persons whatever, relative to American affairs, until the said controversy shall be determined. There- upon, the said William Elphingston, Jr. was discharged, and informed that he might go to sea in the merchants' service, or pursue any business for his support. In pursuance of the order of yesterday, Timothy Dough- ty, a prisoner, being brought to the door, was called in. The letter from the chairman of the committee of Dutchess county, and all the affidavits and proofs against the said Timothy Doughty were read in his presence ; and the said Timothy Doughty who declined a trial by the committee of the county where he resides, and put himself, as to all the charges against him, on this Congress, was fully heard in his denial of the charges against him, and his defence, and ordered to withdraw ; and the Congress came to a de- termination thereon, in the words following, to wit : " In Provincial Congress, \ " New-York, Oct. 20th, 1775. 5 " The Congress having taken the case of Timothy Doughty, now a prisoner before them, into their serious consideration, do determine, that notwithstanding his con- stant denial of the matters laid to his charge, they are of opinion that the said Timothy Doughty hath formerly en- tertained designs and opinions inimical to the great cause of American liberty, and been a principal instigator of the disturbances which have of late prevailed in the county of Dutchess, and that therefore he hath merited the hardships and sufferings which he hath sustained during his impri- sonment. Nevertheless as he did continue in prison when he had an opportunity to escape, and did voluntarily re- pose himself upon the equity of this Congress, and hath farther promised that he will for the future demean himself in a peaceable and orderly manner, the Congress do re- solve to acquit the said Timothy Doughty from any further punishment and recommend it to their constituents to re- ceive him again as a member of the community." The said Timothy Doughty was thereupon called in and the determination of the Congress read to him, and by or- der of Congress a certified copy thereof was delivered to him, and he was thereupon discharged. Ordered, That another certified copy thereof be deli- vered to the chairman of the committee of Dutchess county. Ordered, That Peter T. Curtenius, as Commissary of this Congress, be requested with all possible despatch to procure for the use of this Colony the following intrench- ing tools, viz : 100 spades, 400 pickaxes, 300 bill-hooks and five hundred falling axes, and that he have each of them marked C. N. A draft of a letter to the President of the Continental Congress was read and approved of, and is in the words following, to wit : "In Provincial Congress, ) " New-York, Oct. 20th, 1775. J " Sir — Over and above the necessary expenditures, by reason of the different services recommended to us, we are in advance to the general concern for moneys paid to the troops, and also for provisions and other necessaries forwarded by the order of the Continental generals, and te i it s furnished to the troops under the command of Gen. Woosler and Col. Hinman, and many other expenditures, which several articles in the departments of the paymas- ters and commissaries, amount in the whole to a very con- siderable proportion of the moneys sent us by your body. We have now not above five thousand dollars remaining, and arc continually called upon for cash, on several occa- sions interesting to the service. We beg therefore that you will forward us money by the first opportunity, the necessity of which we doubt not. will be immediately per- ceived. We shall as soon as possible, lay before the com- missioners, paymasters, &c. our accounts, and send dupli- cates to the Congress in order to check the drafts which they may make, and in the interim pray your advice, whe- JOURNAL OF THE PROVINCIAL CONGRESS. 183 ther those gentlemen are to repay unto us the moneys ad- vanced in their departments. " We are, sir, with great respect, " Your most obedient and humble servants. " To the Hon. John Hancock, President of Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Colonel Hardenbergh, from Ulster county, applied to this Congress relative to sundry disputes and controversies about the elections and commissions of the militia officers of Ulster county. Ordered, That the returns and papers relating thereto be redelivered to Col. Hardenbergh, and that the members of Ulster and Queens counties be a committee to examine into the said disputes and controversies and report thereon to the Congress. Mr. Jonathan Lawrence of the city of New- York, being highly recommended to this Congress for his great vigilance, activity, care, prudence, skill, management and unremitted industry, as a proper person for a commissioner to carry on and forward, with the utmost despatch and vigour, the fortifications erecting on the banks of Hudson's river in the Highlands, in this Colony, and that he is cheerfully wil- ling to undertake that service : Ordered, That the said Jonathan Lawrence be appointed a commissioner for that purpose, in the stead and to sup- Ely the place of Mr. John Hanson, whose private affairs ave obliged him to decline that servive. The Congress adjourned till 9 o'clock to-morrow morning. DIE SABBATI, 9 ho. a. m. October 21 si, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President. Mr. Samuel Patridge, by direction of a member, attend- ing at the door, was called in and examined. He says that he applied to Isaac Garrison to cart ore for him, which he declined, because he was engaged in carting lumber for the fort ; that Garrison informed him that he was allowed twelve shillings for each piece for carting said timber, that each piece of timber was fourteen feet long, and as he un- derstood eight inches square ; that Garrison told him the farthest load to cart did not exceed half a mile ; that the said Garrison lives at Pooploop's kill ; that he, the exami nant, told said Garrison that he could cart eight loads a day, and Garrison answeied he did not know but he could if he had good luck ; that the roads there are very bad, and that it is his opinion that two such sticks of logs, in those roads, will be a load for a team. Ordered, That a copy of this information be given to Mr. Berrien, that he may make inquiry, least the said Isaac Garrison should attempt to impose on the commissioners. Ordered, That Mr. Peter Vergereau be appointed an ensign in Captain Ledger's company, in the first regiment of New-York forces, and that his commission be dated at the time he entered into the service. Mordecai Lester having, through a member, applied to this Congress for liberty to attend and be heard concerning certain matters alleged against him. Ordered, That the said Mordecai Lester appear before this Congress on Thursday the twenty-sixth insl. and that no person hinder or molest him during his journey to, or continuance in this city. The Congress then proceeded to hear the proceedings of the Committee of Safety on the afternoon of the fifteenth day of September last. On reading the order appointing Jacobus Van Zandt, Lewis Pintard and Henry Remsen a committee for the purposes therein mentioned, and to furnish them with £4,000, the Congress requested information what was done with the money, and what contract was made for im- porting the articles mentioned in that order. The Congress was then informed by Mr. Van Zandt that the £4,000 is sent out on the account and risk of the Provincial Congress, and whatever profits arise on said goods the Congress are to have the benefit of ; that a ves- sel is chartered by Messrs. Jacobus Van Zandt, Henry Remsen and Lewis Pintard, to go to sundry places to ob- tain those goods for the sum of £550 sterling, payable on delivery of the said goods in any place within particular limits for that purpose mentioned in the charter party ; but that in case of her being seized or taken on her voyage the owner of the vessel is to receive £300 sterling for her ; that the vessel is to lay 40 working days to receive her cargo, after which she is to receive 40s. per day demur- rage ; that whatever room may be in the vessel after the goods ordered by the freighters for the benefit of this Con- gress are laded on board, the owner or owners of the vessel have the liberty to fill up with any goods on their own ac- count, without any deduction from the freight agreed for. The Congress having received the above information, ap- prove of the proceedings of the Committee of Safety there- in, and direct that an entry be made that the Congress does approve of the contract made by Messrs. Jacobus Van Zandt, Lewis Pintard and Henry Remsen, on behalf of the Congress ; and that in the opinion of this Congress the said contract is a judicious, good contract, and on behalf of the Congress. The Congress then proceeded to hear the residue of the proceedings of the Committee of Safety on the said fif- teenth day of September last. The Congress then adjourned to Tuesday the twenty- fourth inst. at 9 o'clock in the morning. DIE MARTIS, 9 ho. a. m. October 24th, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President. A letter from the President of the Continental Congress, of the 17th inst. was read and filed, and is in the words following, to wit : "Philadelphia, 17th October, 1775. " Gentlemen — As to the Congress, I apprehend there may be a design of an attack upon New-York, I am di- rected by them to desire you will give directions for the immediate removal of all the sulphur now in the city of New-York, to a place of greater safety, at a distance from the city, and you will please to inform Congress to what place you have ordered it. " I am, gentlemen, " Your most obedient servant, "JOHN HANCOCK, President. " To the President and Members of the Convention at New-York." Thereupon ordered, That Peter T. Curtenius, as Com- missary of this Congress, be requested immediately to pur- chase any quantity of sulphur and brimstone, not exceed- ing twenty tons, (except about two tons for the use of ves- sels, agreeable to the resolution of this Congress of the 17th inst.) and that he forward the same with all possible despatch up Hudson's river ; one part of it to be placed in such place of safety, under the care of the committee of Rhynbeck precinct, as the said committee shall think fit ; and the other half of it to be placed under the care of the committee of Walkill precinct, in Ulster county, whereof Henry Wisner, Jr. Esq. is chairman. A certified copy of a resolution of the Continental Con- gress, relating to some saltpetre lately removed to Turtle bay, was read and filed, and is in the words following, to wit : 184 JOURNAL OF THE PROVINCIAL CONGRESS. " In Congress, October 16, 1775. " Resolved, That it be earnestly recommended to all persons who are possessed of the saltpetre lately removed From Turtle bay, on the island of New- York, forthwith to send the same to the President of the Convention of New- York, to be manufactured into gunpowder, for the use of the Continental army. " A true copy from the minutes. " CHAS. THOMPSON, Secretary." On motion of Colonel McDougall, seconded by Mr. Gil- bert Livingston, Resolved, That this Congress will make provision for the expense of the Delegates of this Colony who have re- presented it, and now represent it, in the Continental Con- gress. And Ordered, That Mr. Hobart. Col. Lispenard, Mr. Cor- telyou, Mr. Abraham Yates, Jr., Col. Hardenbergh and Mr. Gilbert Livingston, be a committee to consider thereof, and report thereon to this Congress with all convenient speed. Col. McDougall, and some other members, informed the Congress that gunpowder is now to be obtained in the West Indies. Ordered, That Mr. Low, Mr. Van Derbilt and Mr. Roo- sevelt, be a committee to make inquiry, and plan a proper voyage for the pilot boat, the Bishop of Landaff, and report thereon to this Congress with all convenient speed. A draft of a letter to Gen. Washington was read and ap- proved of, and is in the words following, to wit : " New-York, Mth October, 1775. « s IR — We were honoured by the receipt of your Ex- cellency's favour of the 13th inst. on the 18th. We beg leave to return our sincere thanks for ihe kind attention you shew to this Colony in apprising us of the dangers where- with we are threatened, and are happy to find that the ex- pedition of our foes was not intended against this city. " We take the liberty to inform your Excellency, that three deserters from the corps of the riflemen in your camp, are now confined in the common goal of Ulster county, at Kingston ; and notwithstanding that the committees of that town and of New- Windsor precinct, have written to the captains of their respective companies on that subject, yet we are still at a loss how to dispose of them. We there- fore entreat your Excellency's instructions on this subject, and beg leave to assure you, " That we are, with the highest respect, " Your Excellency's most obedient " And humble servants." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. The Congress then proceeded to hear the proceedings of the Committee of Safety, on the 16th day of September last; and on reading the resolutions of the committee re- lating to the impressing of arms, debates arose thereon ; and after some time spent therein, and the resolutions read a second time, several members disapproved of the said re- solutions. The question was then put whether the Con- gress approves or disapproves of said resolutions, and car- ried in the negative in manner following, to wit : For the negative. For the affirmative. New-York, 4 Cumberland, 2 Col. McDougall dissenting. Kings, 2 Tryon, 2 Mr. Van Derbilt dissented. Richmond, 2 — Albany, 3 4 11 Resolved, therefore, That this Congress disapprove of the said resolutions of the Commitlee of Safety, on the 16th day of September last, relating to the impressing of arms. The Congress then proceeded to hear the further pro- ceedings of the Committee of Safety on the seventeenth, eighteenth, and on the morning of the nineteenth days of September last, and approved thereof. Mr. Low, seconded by Mr. Marston, made a motion in the words following, to wit : Mr. President, sundry affidavits having been exhibited, and being now in possession of this Congress, relative to ihe conduct of a certain Timothy Doughty of Dutchess county ; and the said Doughty having applied, through a member of this Congress, for copies of the said affidavits, I move that copies thereof be accordingly furnished to the said Doughty, on his paying the Secretaries for their trou- ble. Debates arose on the said motion, and the question be- ing put whether the said copies shall be furnished by the Secretaries, it was carried in the negative in the manner following : For the negative. For the affirmative. Kings, 2 Richmond, 2 Tryon, 2 Cumberland, 2 Albany, 3 Ulster 2 New-York, 4 Messrs. Low, Marston, Wal- ton & De Lancey dissenting. 15 Ordered, therefore, That no copies of the said affida- vits be delivered to the said Timothy Doughty. The Congress then adjourned until ten o'clock to-mor- row morning. DIE MERCURII, 10 ho. a. m. October 26th, 1775. The Congress met pursuant to adjournment. Present— Nathaniel Woodhull, Esq. President. A certificate of John Smith and Daniel Tillinghast, of the said committee of safety in Providence, in the Colony of Rhode-Island, bearing date the 17th inst. was read and filed ; they thereby certify that the provisions shipped by Capt. Benjamin Lindsay was safe arrived there. A letter from John Smith and Daniel Tillinghast of the said committee of safety at Providence, was read and filed, and is in the words following, to wit : " Providence, October 19th, 1775. " Gentlemen — Application being made to the commit- tee of safety for this town by Messrs. Clark and Nightin- gale, merchants here, for letters of recommendation to the Provincial Congress of New-York, requesting permission to take on board their sloop Fly, Capt. Benjamin Lindsay, a quantity of provision, &c. for the use of the Continental army, we recommend to your body, that they would be pleased to grant them liberty for taking on board such a quantity of the above goods as they may want ; as we doubt not but these gentlemen will use every precaution for securing it from the enemy and getting it safe here. Your compliance with the above will greatly oblige, " Gentlemen, " JOHN SMITH, " DANL. TILLINGHAST, Committee of Safety. " To the Honourable Provincial Congress at the city of New- York." Ordered, That Capt. Benjamin Lindsay, on behalf of Messrs. Clark and Nightingale, merchants at Providence, have permission to lade on board of the sloop Fly, a quan- tity of provisions for the Continental army, upon condition that the said Benjamin Lindsay do deliver a manifest of the said provisions to one of the Secretaries of this Con- gress, before his departure, and within three months return to such Secretary a certificate from the chairman of the committee that the said provisions were reported to and under the direction of the said committee, the dangers of the seas and seizures excepted ; and if the said Benjamin Lindsay does not comply with ihe condition aforesaid, that then he shall be deemed guilty of an infringement of the resolutions of this Congress and an enemy to this country. JOURNAL OF THE PROVINCIAL CONGRESS. 185 An application of William Ritchie bearing date yester- day, was read and filed : he thereby informs that the peo- ple of Dartmouth are in great want of flour, and requests permission to carry flour to Dartmouth for the use of the inhabitants. Ordered, That William Ritchie have permission to ship flour to Dartmouth, upon the condition as that before writ- ten in the case of Benjamin Lindsay. On motion of Mr. Henry Williams, Ordered, That a commission be issued to William Boe- rum as 1 st lieutenant of the troop of horse in Kings coun- ty, elected by the said corps instead of Abraham Remsen, who has declined ; and that commissions be issued to the following gentlemen, promoted by election of said corps, viz : Thomas Everet, 2nd lieutenant ; Jacob Sebring, Jr. cornet, and Isaac Sebring, quarter-master. A letter from Gen. Schuyler of the 14th inst. was read and filed, and is in the words following, to wit : " Ticonderoga, Oct. Uth, 1775. " Sir — Your favour of the sixth inst. was delivered me yesterday. It gives me great satisfaction to learn that you have sent me 1, 4001b. of powder. It will be very wel- come, but I fear not sufficient even with 7501b. which is arrived from Albany. If more can be procured, I hope it will be forwarded without delay. " My last accounts from St. John's were of the 6th ; Gen. Montgomery is carrying on his approaches as fast as the difficulties he hath to struggle with will permit. Eve- ry species of artillery stores are in some measure wanted. The Canadians are not only friendly, but join in conside- rable numbers ; and the garrison of St. John's is so com- pletely invested, that not the least succours can be thrown in of any kind. I hope soon to give you an account of the reduction. " My disorders have taken such deep root that I now begin to have little hopes of a recovery, so as to take an actual part in the future operations of the campaign. I hope, however, that I shall not be obliged to leave this place, unhealthy and unfavourable to my recovery as it is, lest it should involve Gen. Montgomery in irremediable inconveniencies. " I am, sir, with great respect, " Yours and the Congress's most obliged, " Obedient and very humble servant, " PH. SCHUYLER. "To Col. Nathaniel Woodhull, President pro tern, of the New-York Provincial Congress, at New-York." Ordered, That Mr. Low, Col. McDougall, Mr. Ver- planck and Mr. Brasher be a committee to consider of, and devise ways and means for the safety of the women and children in this city in case of necessity, in obedience to the order of the Continental Congress of the day of last past, and report thereon with all convenient speed. The Congress taking into further consideration their resolutions and recommendations of the eighteenth inst. touching the election of a future Provincial Congress, and convinced that many persons interested for the fate of this country, in the present unhappy controversy, may be de- prived of the privilege of a representation by the said re- solutions and recommendations, do further recommend that all the tenants possessed of lands or tenements within this Colony of the value of eighty pounds, be permitted to vote in the said election. Col. Hardenbergh from the committee appointed yester- day to consider of a provision to be made for the delegates of this Colony at Continental Congress, and report thereon, delivered in their report which was read and filed. Ordered, That the said report be taken into considera- tion on Friday next. An anonymous letter said to be delivered by John Suffern to David Pye, Esq. a member of this house, and by him delivered to John Coe, Esq. a member now here, was read 47 and filed. The said letter informs that there is a conspira- cy of a great number of people from Haverstraw to Hack- ensack, to join the King's troops. Thereupon a draft of a letter to the committee of Haverstraw precinct was read and approved of, and is in the words following, to wit : " Net* York, 25th Oct. 1775. " Sir — You will see by the copy of a letter which you have enclosed, that there are apprehensions of a conspiracy having been formed against the Congress and Commit- tee. The Congress therefore recommend it to your com- mittee, to inquire without delay into the truth of the subject matter of that letter, and report the result thereof to them, with all convenient speed. They also recommend that this inquiry be made with as much regularity and as little vio- lence as the nature of it will permit. " To Johannes Blaavelt, Chairman of the Committee of the precinct of Haverstraw." Ordered, That a copy thereof be engrossed and signed by the President, and, together with a copy of the said anonymous letter delivered to Mr. Coe, be transmitted. A letter from Gilbert Drake, Esq. chairman of the com- mittee of Westchester county was read and filed. A list of officers therein enclosed in the said letter, was read and filed. Ordered, That commissions be issued for the field offi- cers and the other officers of the two companies of minute men therein mentioned, and that blank commissions be also sent up to the said committee for the two companies of mi- nute men in the manor of Cortlandt. The Congress then proceeded to hear the proceedings of the Committee of Safety on the afternoon of the nine- teenth and on the twentieth, twenty-first, twenty-second, twenty-third, twenty-fourth and twenty-fifth days of Sep- tember last, and approved thereof. The Congress then adjourned until 10 o'clock to-morrow morning. DIE JOVIS, 10 HO. A. M. October 26th, 1775. The Congress met pursuant to adjournment. Present— Nathaniel Woodhull, Esq. President. Mordecai Lester at his request being permitted to attend the Congress, and attending at the door was ordered to be admitted. The principal charges against the said Mor- decai Lester were read to him, and he was heard in his defence, and ordered to withdraw, and a determination on his case was drawn up and agreed to in the words follow- ing, to wit : " The Congress taking into consideration the proofs exhibited against Mordecai Lester, Esq. of Dutchess coun- ty, and having heard what he had to offer in his defence, are of the opinion that the said Mordecai Lester hath be- haved inimical to the liberties of this country, and thereby exposed himself to the resentment of the public. But as the said Mordecai Lester hath promised to behave himself in a peaceable and orderly manner for the future, and signified his desire to return to his family in Dutchess county ; " Resolved, That the said Mordecai Lester be repri- manded by the President for his past conduct and dis- charged; and it is recommended to the inhabitants of this Colony to permit the said Mordecai Lester to remain in peace, he behaving in a peaceable and orderly manner, and complying with such orders and directions as shall be given by this or any future Congress of this Colony." Ordered, That a certified copy of the determination of this Congress be delivered to the said Mordecai Lester, and he being reprimanded from the chair was discharged. Ordered, That the Secretaries get a sufficient number of 186 JOURNAL OF THE PROVINCIAL CONGRESS. the letters to the colonels of the militia printed on good pa- per, and signed by the President. The Congress then proceeded to hear the proceedings of the Committee of Safety on the twenty-sixth, twenty-se- venth, twenty-eighth, and on the morning of the twenty- ninth days of September last, and approved thereof. The Congress then adjourned until ten o'clock to-mor- row morning. DIE VENERIS, 10 ho. a. m. October 27th, 1775. The Congress met pursuant to adjournment. Present — Nathaniel Woodhull, Esq. President. The Congress proceeded to hear the residue of the mi- nutes of the Committee of Safely, and having read that part of the minutes of the said committee, to wit : the minutes of the committee on the 30th of September last, which relate to Bernard Romans ; and also his memorial since delivered to this Congiess. A draft of a letter to the Continental Congress on that subject was read and approved of, and is in the words fol- lowing, to wit : " In Provincial Congress, ) "New-York, October 27th, 1775. $ " Sir — The Committee of Safety, during the recess of the Provincial Congress, held a conference with Mr. Ber- nard Romans, and engaged his services as an engineer in building the fortification on Hudson's river. He objected to them, that his pension from the Crown of about £50 sterling per year as botanist for one of the Floridas might be taken away, when it was known that he had assisted this country, and therefore prayed that he might be engag- ed as an engineer in the Continental service. The Com- mittee thereupon promised him the pay of fifty dollars per month for the present, and informed him that it was pro- bable his services would be wanted. We are not compe- tent to the perfecting this business, and therefore pray that the Congiess will make some order in the premises. " As to the quantum of his pay, if fifty dollars is thought too liltle, the Congress will be pleased to fix upon the sum which they think adequate to the duties he is to perform. • ' " We are, sir, respectfully, your " Most obedient and humble servants, " By order. " To the Hon'ble John Hancock, President of the Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. The Congress then proceeded to hear ihe residue of the minutes of the Committee of Safety until the 3d day of October inst. included, and approved thereof. The Congress then proceeded to hear the proceedings of the Committee of Safety on the returns of militia offi- cers and the commissions issued by the Committee. On reading the returns from Orange county, with respect to field officers, the following letter was drawn up and approv- ed of, and is in the words following, to wit : " Sir — The Congress, unwilling to determine the con- troversy subsisting among you relative to the appointment of field officers to command the militia in the south part of Orange county, do recommend it to the committees of Ha- verstraw and Orange precinct to meet together without de- lay, and by plurality of voices nominate the field officers for the regiment to be formed on the south side of the High- lands, and send down the return with all possible despatch, that the commissions may be made out." Ordered, That a copy thereof be engrossed and signed by the president, and transmitted. On reading the returns of officers recommended by the committee of Tryon county, and the letters from the com- mittee of Kingsland and German Flats, Ordered, That commissions for field officers of that district issue to the gentlemen, recommended by the com- mittee of that district. A letter from Mr. Nicholas Low was read and filed, and is in the words following, to wit : " Sir — I have received from Mr. Isaac Gouverneur, of Curracoa, a pair of nine pound cannon, which he has di- rected me to present to the Provincial Congress for the use of this Colony, and to pray your acceptance of them, with his best wishes for your happiness and prosperity. Please to direct me to whom I shall deliver them. " I am, respected sir, " Your most obedient humble servant, "NICHOLAS LOW. "New-York, 21th October, 1775. " To Peter V. B. Livingston, Esq. President of the Provincial Congress, New-York." A draft of a letter to Isaac Gouverneur was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York October 21th, 1775. $ " Sir — The Congress have received from your agent, Mr. Nicholas Low, a pair of nine pound cannon, sent by you as a donation to this Colony. I am directed to return you their hearty thanks for them, and to assure you of the high sense they have of your attention and regard for the welfare of your native country, and beg you to accept their sincere wishes for your happiness and prosperity. " We are, sir, your most obedient servants, " By order. " To Isaac Gouverneur, Esq. at Curragoa." Ordered, That Mr. John Berrien receive from Mr. Ni- cholas Low the pair of cannon sent to this Congress as a present by Mr. Isaac Gouverneur, and pass his receipt for the same. That he get the initial letters of Mr. Gouver- neur's name, and also the letters C. N. Y. marked on the said cannon and send them forthwith to the fort now build- ing in the Highlands. 1 A letter from Mr. John Berrien, with memorandums therein enclosed, were read and filed. William McHard, of Newburyport, produced a certificate of the Hon. Governor Trumbull, at New-Haven, dated 23d inst. which was a permit to him to load any quantity of flour in New-York and to bring it in boat or boats to the sloop Speedwell, Levi Carman, master, in that Colony, and to put into any harbour in that Colony and depart with- out molestation, the embargo notwithstanding. And the said William McHard requested of this Provincial Con- gress leave to purchase flour in this Colony to be carried to Newburyport for the use of the inhabitants there, agree- able to the said permit. Ordered, That Mr. William McHard have permission to purchase and transport to Fairfield or Norwalk, or any other place in Connecticut, three hundred barrels of flour, or any less quantity, and to convey the same to Newbury- port for the use of the inhabitants there, upon condition that the said William McHard do deliver a manifest of the said flour to one of the Secretaries of this Congress before his departure, and within three months return to such Se- cretary a certificate from the chairman of the committee at INcwburypoit aforesaid, that the said flour was repotted to and under the. direction of the said committee, (ihe danger of the seas and seizures excepted,) and if the said William McHard does not comply with the condition aforesaid, that then he shall be deemed guilty of an infringement of the resolution of this Congress and an enemy to this country. An application of William Ritchie, bearing date yester- day, was read and filed ; he thereby informs that the peo- ple at Dartmouth are in great want of flour, and requests permission to carry flour to Dartmouth for the use of the inhabitants. Ordered, That Capt. William Ritchie have permission lo lade and ship a quantity of flour for Dartmouth, in Mas- sachusetts Bay, upon condition that the said William Ritchie deliver a manifest of cargo to one of the Secreta- JOURNAL OF THE PROVINCIAL CONGRESS. 187 ries of this Congress before his departure, and within three months return to such Secretary a certificate from the chair- man of the committee at Dartmouth, that ihe said flour and cargo safely landed and reported to the said committee, (the dangers of the seas and seizures excepted ;) and if the said William Ritchie does not comply with the conditions afore- said, that then he shall be deemed guilty of an infringe- ment of the resolution of this Congress and an enemy to his country. DIE SABBATI, October 28th, 1775. Several members met, but there not being a sufficient number present to form a House, the gentlemen present prepared the following letters, the drafts of which are on the files but are not mentioned on the minutes. " New-York, Oct. 28th, 1775. " Gentlemen — We are sorry to inform you that by rea- son of the absence of a number of the members we are un- able to make a Congress so as to despatch the public busi- ness ; many things are to be done preparatory to our dis- solution, which must be despatched. We, therefore, en- treat that you would attend on Tuesday next that we may go on with the business. " We hope we shall be able to finish in three or four days if we can make a Congress. " And are your humble servants, " By order. " To Faul Micheau. " P. S — Pray notify your fellow members of this. '•To Orange, Queens, Richmond, Kings." " In Provincial Congress, > " New-York, Oct. 28th, 1775. 5 " Suspicions having arisen in the minds of many of the citizens that the Congress have received intimations which they are ignorant of, that this city will be made a garrison town or destroyed, by reason whereof, the inhabitants are subject to great apprehensions for their future safety ; this Congress do therefore conceive it their indispensable duty to assure the citizens that they have received no pri- vate intelligence of any danger, and that whenever they do they will take the earliest method of informing them of it, that the citizens may provide, in the best manner they can, for the security of their families and effects." " In Provincial Congress, ) " New-York, Oct. 28th, 1775. $ "Gentlemen — On the 13lh inst. we requested the sense of the Congress, by the first opportunity, whether the inhabitants of New-York ought to export their produce to the places not interdicted by the association of the Conti- nental Congress last year. This commercial object is of the highest importance to the Colony ; you will, therefore, pardon our importunity, and favour us with an answer as soon as possible. " We are, most respectfully, gentlemen, " Your most obedt. humble servants, "By order. " To the Delegates of the Colony of New-York, at Continental Congress, Philadelphia." Note — There were not sufficient members present to form a quorum on the 28th or 29th of October, therefore those present adjourned until 10 o'clock on the morning of the 2d day of November next. DIE JOVIS, 9 HO. A. H. November 2d, 1775. The Congress met pursuant to adjournment. Abraham Yates, Jr. Esq. was unanimously appointed President pro tempore. A letter from Silas Deane, John Adams and George Wythe, of the 19th October, was read and filed, and°is in the words following, to wit : " Philadelphia, 19th October, 1775. " Sir — The Continental Congress having been pleased to appoint us a committee for collecting an account of the hosti- lities committed by the ministerial troops and navy in Ame- rica, since last March, with proper evidence of the truth of the facts, relating the number and value of the build- ings destroyed, and of the vessels inward and outward bound, seized by them, as nearly as can be ascertained, and also the stock taken by them from different parts of the continent, as you may see by the resolve enclosed. We entreat the assistance of the Convention of your Colo- ny in this business, that we may be enabled to perform what is required of us in the manner and with the expedi- tion the Congress expects ; and to that end, that you will be pleased to furnish us with the necessary materials, send- ing to us clear, distinct, full and circumstantial details of the hostile and destructive acts, and the captures or sei- zures and depredations in your Colony ; an accurate esti- mate of the loss and damage, with the solemn examina- tions of witnesses, and other papers and documents offi- cially authenticated. " We are, sir, your obedient humble servants, " SILAS DEANE, " JOHN ADAMS, " GEORGE WYTHE. " The Hon. Nathaniel Woodhcxl, President, and the Convention, New-York." The resolution of the Continental Congress of the 18th October, therein enclosed, was read and filed, and is in the words following, to wit : " In Congress, October 18th, 1775. " Resolved, That a just and well authenticated account of the hostilities committed by the ministerial troops and navy in America since last March, be collected with pro- per evidence of the truth of the facts related, the number and value of the buildings destroyed by them ; also the number and value of the vessels inward and outward bound, which have been seized by them since that period, as near as the number and value can be ascertained ; also the stock by them taken from different parts of the Conti- nent. " Mr. Deane, Mr. Adams and Mr. Wythe a committee for this purpose. " CHAS. THOMPSON, Secretary." Ordered, That a copy of that resolve and letter be sent to the committee of Suffolk county ; and that the said commit- tee of Suffolk county do, in the best manner, ascertain the damages sustained by the people of that county, with all necessary particulars thereof, and with proper proofs to support the same ; and that the said committee transmit the same to the Provincial Congress of this Colony with all convenient despatch. Ordered, That a copy of the said resolve and letter be delivered to the chairman or deputy-chairman of the com- mittee of the city of New- York, and that the said com- mittee do ascertain in best manner possible, the damages sustained by the people of this city and county, with all necessary particulars thereof, and with proper proofs to support the same ; and that the said committee transmit the same to the Provincial Congress of this Colony with all convenient despatch. A certificate of Dr. John Jones, of the bad state of the health of Capt. John Norbury, who is a Continental pri- soner, was read : it is thereby certified that Capt. Nor- bury cannot probably obtain relief in America, and Capt. Norbury through a member, requests leave to go to Britain. Ordered, That Capt. Norbury be informed that he may be exchanged for an officer of Gen. Wooster's regiment, now a prisoner on board the ship Asia, and that he have leave to apply to Capt. Vandeput for that purpose- Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of this Congress, pay to David Clarkson, Esq. the sum of two hundred pounds, to enable him to discharge his note to Abraham Lott, Esq. Treasurer of this Colony, for the like sum formerly borrowed by order of this Con- 188 JOURNAL OF THE PROVINCIAL CONGRESS. ess for the public service ; and that Mr. Livingston take r. Clarkson's receipt for the same. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of this Congress, pay to Henry Glen, Esq. the sum of seven hundred pounds, to enable him to discharge the note of Abraham Ten Broeck, Esq. given to Abraham Lott, Esq. Treasurer of this Colony, for that sum former- ly borrowed by the said Ten Broeck of Mr. Lott, by or- der of this Congress, for the public service ; and that Mr. Livingston take Mr. Henry Glen's receipt for the same — and that Mr. Henry Glen take a receipt of Mr. Lott on the said note. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of this Congress, pay to Christopher Tappen, Esq. the sum of four hundred and twenty-eight pounds, to ena- ble him to discharge the note of Egbert Dumond, Esq. given to Abraham Lott, Esq. Treasurer of this Colony, for that sum formerly borrowed by Mr. Egbert Dumond of Mr. Lott, by order of this Congress, for the public ser- vice, and that Mr. Livingston take Mr. Tappen's receipt for the same, and that Mr. Tappen take a receipt of Mr. Lott on the said note. Mr. Jonathan Lawrence, chairman of the committee appointed to take into consideration the disputed elections of the militia officers of the districts of New Paltz and Hurley in Ulster county, [made a report,] which was read and filed, and is in the words following, to wit : " Your committee, appointed to take into consideration letters from the committees of the townships of Hurley and New Paltz in the county of Ulster, and the petition of the inhabitants of said townships, do report that it is the opinion of this committee that the election of officers held on the 9th of June last, in the township of Hurley, and that held in the township of New Paltz on the 31st of May last, were not agreeable to the resolution of the Con- tinental and this Congress ; and in compliance with the prayer of the petitions of the inhabitants of the said town- ships. Your committee are of opinon that it should be recommended to the committees, that polls be held in con- venient places in said townships, for the election of offi- cers of militia agreeable to the directions of this Congress, the time and places being first duly notified by the commit- tees of said townships. " And your committee do further report, that as they have been informed, a dispute hath arose between the in- habitants of two different parts of the township of Hur- ley, of their rights of nomination of said officers, if the Congress would give it as their opinion, that said officers should be elected from the different parts of said town- ship, it would give satisfaction and again restore friend- ship and unanimity. All which is most humbly submitted. " By order of the committee. "JON'N. LAWRENCE, Chairman." Resolved, That the Congress does agree with their committee in the said report, and that the said report stand confirmed. Ordered, That a copy of the said report and of this re- solve be sent to the committee of Ulster county. Ordered, That the Secretaries make out their accounts, at 20s. per diem each, for their services from the com- mencement of this Congress until the fourteenth inst. to- gether with their respective accounts of disbursements, and that the same be audited by three of the auditors, and that the same, when audited, be paid by the Treasurer of this Congress. Ordered, That the account of Thomas Pettit be made out at 8s. per day for his services in time past, and his future services till the 14th inst. together with an account of any disbursements he may have made ; that the same be audited by three of the auditors, that the same may be paid by the Treasurer. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of this Congress, pay to Col. McUougall the sum of six hundred pounds, to enable him to pay off Capt. Ledyard's company to the first ult. and the wives and at- torneys of the men of his regiment ; and to reimburse him for paying the men discharged by Gen. Schuyler and the other commanding officers at the posts above. Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of this Congress, pay to Mr. John Berrien, as commissary for the commissioners for erecting fortifica- tions on the banks of Hudson's river, in the Highlands, and one of the said commissioners, the sum of twelve hundred pounds, on account, to be applied for the neces- sary purposes of erecting the said fortifications, and dis- charging the debts already contracted or to be contracted thereby, and that Mr. Livingston take Mr. Berrien's re- ceipt for the same on account. A letter from the Hon. John Hancock, of the twen- tieth of October, was read and filed, and is in the words following, to wit : " Philadelphia, 20th October, 1775. " Gentlemen — A letter, appearing in the New-York paper of the 16th inst. said to be wrote by Gov. Tryon to the Mayor of New-York, expressing, ' That this Congress had recommended it to the Provincial Congress to seize or take up the officers of that Government, and particularly himself by name,' I am directed by the Congress to re- quest that you will immediately send them a genuine copy of the letter above mentioned, together with a copy of any order or proceedings of yours, or of the mayor and cor- poration, in consequence of the said letter of Gov. Tryon. " I am, gentlemen, " Your most obedt. hum. servt. " JOHN HANCOCK, Prest. " Provincial Congress of New-York." A letter from the Continental Congress, of the 26th of October, was read and filed, and is in the words following, to wit : "Philadelphia, 26th October, 1775. " Gentlemen — A transport, with two officers and a number of marines, having been cast away on the coast of New-Jersey, near Brigatine beach, the captain, officers, and a number of the men were taken prisoners and brought to this place, where they have been examined by the Committee of Safety of this Province. By order of the Congress, I enclose you a copy of their examination, by which you will see the dangerous practices the officers have been engaged in, and it is not doubted but you will take effectual measures to put a stop to them. " It is intimated that there is one Grant, in Dutchess county, now employed in raising recruits. The Congress expect you will inquire into this matter and, if possible, secure the said Grant. " It being represented to the Congress, that a large quantity of blankets and shirts remain in the King's stores in New-York, the Congress came to the following resolu- tion : " ' That it be recommended to the Convention of New- York, immediately to take possession of the said blankets and shirts, and forward so many of them as may be neces- sary to Gen. Schuyler, for the use of the army under his command.' " I am, gentlemen, " Your most, obedt. servant, " JOHN HANCOCK, Prest." The examinations therein mentioned and enclosed, were also read and filed, and are as follows, to wit : " Capt. Duncan Campbell says, he is a captain in the army and was sent out on service ; has a captain's com- mission ; sailed from Boston 6th inst. for New- York on board a transport ship, which was cast away ; was sent only to receive such of the King's subjects as chose to join the army at Boston ; was asked if he had no emis- saries on shore to procure men ; said it was a question he did not choose to answer ; went from New- York about 16th June, arrived at Boston about 12th July; was a lieu- si JOURNAL OF THE PROVINCIAL CONGRESS. 189 tenant on half pay since 1774; his commission for com- pany was made out before he went to Boston. " He returned to New-York, and took to Boston a num- ber of volunteers ; that there was no particular part of the country that lie expected recruits from ; no particular county promised to volunteer ; this was left till they ar- rived at head-quarters ; supposed they were to have same grants as soldiers had at conclusion of last war, but never made promises of forfeited lands. "He belongs to 71 st regiment; there is a regiment raising called the Fensible Americans, which is the 72d ; his commission of captain is in the Royal regiment of High- land Emigrants, dated 14th June, 1775, at Boston, Lieut. Col. Com. Allen McLean." His instructions, dated 18th July, 1775, which were produced, as follows : " By His Excellency the Honourable Thomas Gage, Ge- neral and Commander-in-Chief of all His Majesty's for- ces in North America, &c. &c. &c. " To Capt. Duncan Campbell and Lieut. Symes. "You are hereby directed to embark on board the Re- becca and Frances transport, George Hastings master, and to proceed as fast as possible to New-York, where you are to receive on board your ship such men as may be inclined to serve His Majesty ; and you are particularly to attend to the arrival of ships expected from Scotland, and to procure as many men out of them as you possibly can ; anj you are to do your endeavours not to suffer any of those emigrants to join the rebels on shore ; and to give every encouragement to all the Scotch and other nations that will join you. Capt. Vandeput, of His Majesty's ship Asia, will give you all the assistance in his power, and with whom you will confer when there may be occasion. You will continue at New- York as long as the service you are upon may require, when you are to return to this place with all expedition, bringing as many volunteers with you as you can procure. " Given under my hand, at head-quarters in Boston, this eighteenth day of July, 1775. Signed, "THOMAS GAGE. " By His Excellency's command. Signed, " Saml. Kemble." " He says he was not compellable to enter into service, but knew he must join one side or the other, or be insulted by every person that thought proper. Lieutenant Symes was surgeon's-mate in the 42d, was now appointed a lieu- tenant. A Lieut. Grant, on half pay, went with him to Boston. Grant is returned and lives in Dutchess county. The ship was armed for defence, as they expected an at- tack from some armed vessels along the coast. The men were put on board for defence. There were a number of letters for different persons that were destroyed when they struck. Was asked if any other vessels or officers were sent on the like errand ; said [he] could not answer such questions with propriety." " Lieutenant Symes says he has left his commission in Boston, was ordered suddenly on board ship, brought no papers. Was appointed 14th June. Commissions for this new regiment made out 13th and 14th June. Another re- giment is formed, called the Royal Fencible Americans. Capt. Campbell expected to get recruits at New-York, or from vessels coming from Scotland. Having seen Grant's name among papers, asked about him." " Capt. Campbell said he was on half pay and was to have a commission in the regiment ; he came with 43d re- giment in the year 1774. Part of the recruits of the regi- ment were sent to Halifax ; expected that Halifax or Que- bec would be head-quarters. The person with him, named Cameron was a steerage passenger, lived a neighbour to Capt. Campbell in Dutchess county." " Angus Cameron of Argyleshire, came to New- York government 2 years ago ; has no settlement, has been in 48 Virginia, has followed farming since he came, was a drover in Scotland, lives near Capt. Campbell's, to whom he left some money, about £50, on interest ; at New-York, lent Capt. Campbell some money also, about £100; got part of his money from Alexander Campbell." " Roderic McDonald examined, says he was enlisted at Boston, the beginning of this month of October, went to Boston in Capt. Hastings ; in September Capt. Duncan Campbell and Lieut. Symes were coming with them to recruit at New-York. That in August last Capt. Camp- bell was at his house in Dutchess county, and told him he was going aboard the Asia, and to come to him there. About 60 volunteers went with Capt. Campbell to Boston ; one Foster a sergeant, McNeill, Conway and two more of the volunteers, were Provincial soldiers, some in their uniforms. Foster supposed to be a sergeant in Wooster's army ; came from Milford, New-England. Capt. Camp- bell advised and encouraged him to enter into the service." " James Neill says he entered the King's service at New-York; he met Capt. Hastings at New-York, who persuaded him to go aboard his ship, and said he should have good encouragement ; went aboard ; Capt. Campbell there told him, if he would enter into the King's service, he should have 200 acres of forfeited land, fight or not fight." " Thomas Firm says he went on board a man of war at New-York ; afterwards Capt. Campbell came on board and enlisted him ; promised him 200 acres of land. He was not sworn. Did not know Capt. Campbell before he saw him on board the man of war at New- York." " David Carsan says he has been in this country about six or seven months ; lived at McCollison's in New- York ; heard they wanted men on board the transport ; got put on board and enlisted. Was to have two guineas advance, and 200 acres of land, not in the back parts but cultivated forfeited lands ; was promised by Capt. Campbell and the officers on board." " Richard Wilson says he came from England last. May; was a year at Capt. Sadler's ; lived with Lucas and with Smart, smiths in New-York. Galbreath, a lieutenant of the Asia, persuaded him to go on board the Asia ; went from that ship to the transport. Capt. Campbell promised him 200 acres forfeited lands. Capt. Campbell was now coming to bring off a number of Highlanders that lived near his place in New-York government. Heard Capt. Camp- bell and Lieut. Symes, on whom he waited, talk of it. They expected about 200 men to come in small parties ; three or four men were sent up from the transport before they left New-York, one of whom was Rod. McDonald, to engage the above people and come back ; could not get them down at that time. Capt. Campbell left some peo- ple at his plantation to bring the rest down." " Robert Saunderson says he worked along shore at New-York about a twelve month ago ; was pressed on board a man of war, carried to Boston ; came in the sum- mer in the Mercury to New-York, got discharged, in order to go to Boston to enlist ; was enlisted by Maj. Small ; came wiih Capt. Campbell in the Rebecca and Frances to New-York, got a number of men there, carried them to Boston, and were now coming back to get more." " George Hastings says he is master of the ship Rebec- ca and Frances of London, owned by James Mather; left Boston the 5th October, bound for New-York with com- missioned officers, Capt. Duncan Campbell, Lieut. Symes, two sergeants, named Hugh Morrison and William Foster, and twenty-one privates, belonging to a regiment raising in America. That he understood they were coming to New-York for the purpose of recruiting ; that there sailed with him the Fowey, a 20 gun ship, and one transport, bound to Halifax. That last Monday morning, before day, the weather being hazy, the said ship Rebecca and Frances struck on the shore at Brigantine beach, where she lies stranded. That Capt. Campbell parted with him at the beach on Tuesday evening and he supposes, made the best 190 JOURNAL OF THE PROVINCIAL CONGRESS. of his way to New- York in some boat ; did not see him in any boat ; parted with him at his tent after dark. The Lieut, went away in a small boat with one man, an elderly man dressed like a fisherman, on Tuesday about noon. That they had on board about 60 muskets, with bayonets and cartouch boxes, and two barrels and a half of powder, all which were thrown into the sea. That the 20th July last the said Capt. Campbell sailed with him from Boston to New-York, and carried between 50 and 60 recruits from New-York to Boston ; that he was chartered 293 tons bur- then. That the said Campbell had been in the 42d regi- ment; lived in Dutchess county, New-York, has a wife and children there. That he was not ordered to apply to any person in New-York, but to be under the protection of the Asia. That Capt. Campbell, while the ship lay at New-York, remained on board and frequently sent the boat ashore for the recruits that were raised for him. The offi- cers of the 48th and 49th regiments are going home. Gen. Gage going home in a transport vessel of 16 guns. No men of war or troops gone to Quebec ; no account of an expedition intended against Quebec ; but talk of one against Halifax. The soldiers now brought were some of those enlisted at New- York and carried by Capt. Camp- bell to Boston. Has no written instructions ; was to be di- rected by Capt. Campbell." A draft of a letter to the Continental Congress, in an- swer to the two last lelters, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ? " New-York, November 2d, 1775. ) " Sir — Your letters of the twentieth and twenty-sixth of October, did not come to hand till Saturday last. For want of a sufficient number of members to make a Congress, we have been obliged to postpone an answer until this time. As to Governor Tryon's letter of the 13th, mention- ing that the Continental Congress had recommended it to us to seize the officers of this Government and particularly himself, we are to inform you that no application rela- tive to that affair was made to this Congress, nor have we taken any part therein. The whole was conducted between the Governor and the mayor and corporation of this city; the committee for the city was applied to by the mayor, and from the best inquiry we are able to make, the whole of the correspondence on this subject is contained it the en- closed printed sheets. " We are sensible of the dangerous practices made use of to procure recruits for the army at Boston, and you may rest assured that our best endeavours shall not be wanting to frustrate those designs. Proper orders have been given for the securing Grant of Dutchess county. " It is with real concern that we find the Congress have recommended it to us to seize the shirts and blankets in the King's stores in this city, and flatter ourselves they must have been imposed upon relative to this matter, or such a recommendation would never have issued. We think it our indispensable duty as well for our own justifi- cation as for the information of the Congress, to slate the matter in its true light. " There were in our lower barracks a number of hospi- tal stores, consisting of shirts, blankets and sheets; some persons without the knowledge or approbation of this Con- gress, in the night time removed them to the house of our Commissary, who the next morning informed us of this transaction ; upon inquiry from him, we found the whole number of blankets did not exceed one hundred and fifty, some of them had been used in the hospital and the rest were destroyed by the moth. "As to the shirts we have not been able to ascertain the number, though the object is of very inconsiderable value From this stale of facis, the Congress thought proper to order these things to be relumed, and among other, for the following reasons : " 1st. Because the stores had been taken away without the order or knowledge of the Congress who ought to have been made acquainted with the transaction, which in its consequences might endanger the lives and properties of the inhabitants of this city. " 2nd. For that the stores were at that time entirely in our power and more safe than in the custody of our Com- missary, as our military watch was kept in the same house where the stores were lodged. " 3rd. Because if we had sent the blankets up to the army we might in all probability have poisoned the northern army by sending the small pox among them. And " 4thly. Because we are not in a situation without expos- ing the lives and properties of the inhabitants of this city to inevitable destruction, should we attempt to execute or- ders that will bring on a cannonading from the ships of war. Our zeal for ihe public cause has induced us to part with all the powder we have procured for the defence of the Colony, and we are sorry to find that there is but little prospect of having it replaced. " We hope these reasons will be satisfactory to the Con- gress. " And are your most ob't servants, " By order. " To the Hon. John Hancock, President, &c. Ordered, That a copy thereof be engrossed and signed by the President, and transmitted, together with the printed copies therein mentioned. A letter from the Delegates of this Colony at Continen- tal Congress, dated the 26lh October, was read and filed, and is in the words following, to wit : " Philadelphia, 26lh Oct. 1775. " Sir — We have the pleasure of enclosing you a resolve passed this day in Congress, which we hope will enable our Province to provide ammunition with certainty and des- patch. " You will easily perceive the propriety of keeping it as secret as the nature of the business will admit, and we have particular reasons for wishing that the vessels intended for the voyage may be soon despatched. " We have declined informing Mr. Fine of the purport of this resolve, thinking it more prudent to refer the whole to your discretion. It will not be long before you will be made acquainted with the sentiments of the Congress re- specting the general slate of trade. As to a certain neces- sary article, it is not as yet to be procured here. " We are, sir, with the greatest respect, " The Convention's and your " Very humble servants, " ROB. R. LIVINGSTON, Junr. "JAS. DUANE, "JOHN JAY. " Nathaniel Woodhull, Esq." A certified copy of a resolution of Continental Congress therein enclosed, was read and filed, and is in the words following, to wit : "In Congress, 26th October, 1775. " Resolved, That it be recommended to the several Pro- vincial Assemblies, Conventions or Councils of Safely of the United Colonies, to export to the foreign West Indies, on account and risk of their respective Colonies, as much provision or any oliier produce, except horned cattle, sheep, hogs and poultry, as they may deem necessary for the im- portation of arms, ammunition, sulphur and saltpetre. "Extract from the minutes. "CHAS. THOMPSON, Secretary." In pursuance of the said letter and resolve, Ordered, That Mr. Low, Mr. Roosevelt and Mr. Van Derbilt, or any two of ihem, be a committee to treat with Mr. Fine for the benefit of his contract for obtaining pow- der; ami that they report to this Congress wilh all con- venient speed. By a charge from the Chair this letter and resolve to be kept secret. A letter from the honourable John Hancock, President of the Continental Congress, dated the 28lh October, was read and filed, and is in the words following, to wit : JOURNAL OF THE PROVINCIAL CONGRESS. 191 "Philadelphia, 28th October, 1775. " Sir — Your letter of the 17th inst. lias been laid before the Congress, and I am directed to acquaint you that thev approve of your immediately raising a company of ma- trosses, to consist of sixty-eight privates ; they prefer that number as it is the fixed establishment of the companies in the Continental service. " You will please to appoint and forward the list of the officers proper to command them, and their commis- sions shall be made out and sent you. The Congress de- sire vou will inform them when this company shall be com- pleted, and they will take under consideration your pro- posals for raising a larger number. Enclosed is the reso- lution of Congress. " I am, gentlemen, your " Most obedient, humble servant. "JOHN HANCOCK, President. "To the President of Congress of New-York." The resolution of Congress of the 28th October, therein enclosed, was also read and filed, and is in the words fol- lowing, to wit : " In Congress, October 28th, 1775. " Resolved, That a company of matrosses, to consist of one captain ; one captain lieutenant ; a first and second lieutenant ; a lieutenant fire worker ; four sergeants ; four corporals ; eight bombardiers ; sixty-eight matrosses ; one drummer and one fifer, be immediately raised in New- York, for the defence of Hudson's river, and to occupy the fortifications now erecting in the Highlands ; and that the President write to the Convention of that Province, recom- mending it to them immediately to raise the said company and to appoint the proper officers. "A true copy from the minutes. "CHAS. THOMSON, Secretary. " By order of Congress. "JOHN HANCOCK, President." Ordered, That Col. McDougall, Mr. Van Zandt and Mr. Brasher, be a committee to arrange the company, and report. A letter from Mr. William Bedlow, of the 30lh October, ult. to Mr. Richard Yates, was read and filed. He there- by requests this Congress to ascertain the pay to be allow- ed per diem to each of the commissioners employed in erecting the fortifications on the banks of Hudson's river, in the Highlands. As the said fortifications are erecting at a Continental charge, and this Congress a dissolution, Ordered, That the consideration of Mr. Bedlow's letter be deferred for the present, and referred to the considera- tion of the next Provincial Congress. A letter from Gen. Washington of the 24th of October, ult. was read and and filed, and is in the words following, to wit : " Camp at Cambridge, October 24, 1775. "Sir — The enclosed information being of the highest importance I thought it proper to transmit it to you with all despatch " I am, sir, your most obedt. servt. " GEO. WASHINGTON. " To the Honourable Nathaniel Woodhull, President of the Prorincial Congress, New- York." The information therein enclosed was also read and filed, and is in the words following, to wit : "Falmouth, Monday, \6th October, 1775. "The Oanceux ship of sixteen guns, commanded by Captain Mowatt, a large ship, schooner and sloop, armed, anchored before the town, the 17th at 3 P. M. They weigh- ed and came up and anchored within gun shot, and imme- diately Captain Mowatt sent a letter on shore to the town, giving them two hours lo move their families out, as he had orders to fire the town ; the town immediately chose a committee of three gentlemen and sent them on board to know the reason of that town's being set on fire ; he re- turned for answer that his orders were to set fire lo all the seaport towns between Boston and Halifax, and that he ex- pected New-York was then burnt to ashes. He further said that when he received orders from the admiral he de- sired that he might shew some favour to the town of Fal- mouth, which the admiral granted, (I suppose as Captain Mowatt was under particular obligations to some gentle- men at Falmouth, for civilities shewn him when in capti- vity amongst them,) and which favour was to spare the town till nine o'clock Wednesday morning, in case we would send him off eight small arms, which the town im- mediately did. Wednesday morning, being the 18th the committee went on board Captain Mowatt again, in order to save the town. He said he would save the town till he heard from the admiral, in case we would send off four carriage guns, deliver up all our arms, ammunition, &c. and send four gentlemen of the town as hostages, which the town would not do. About half past nine in the morn- ing he began to fire from the four armed vessels, and in five minutes set fire to several houses. He continued firing till after the same day, which destroyed the largest part of the town. " He further informed the committee that he should pro ceed to Portsmouth, and destroy that place also. " The foregoing is as near the facts as I am able to re- member, as witness my hand. " Signed. "PEARSON JONES. " Cambridge, October 24, 1775." Another copy of the said information, received via Rhode- Island, together with a copy of a letter from Nathaniel Greene, at Prospect Hill, to Deputy Governor Cooke, was also read and filed. A letter from Ebenezer Hazard, postmaster, dated the 31st ult. was read and filed. He thereby informs, that he has in charge from the Comptroller of the Constitutional Post-Office, that the keeper of the ferry across North river charges the post riders for ferriage, while he suffers the rider from the old office to cross gratis, and that he is di- rected to request the interposition of the authority of this Congress in the premises. Ordered, That Mr. Hazard be informed that this Con- gress does not think proper to interfere at present. A long letter from Benjamin Baker, at Albany, on the subject of making saltpetre, was read and filed. The gentle- men who are Deputies from Albany are requested to write him an answer, that the Congress does not at present in- cline to comply with his proposals. The remonstrance of the associated company at Pough- keepsie, was read and filed. A copy of their association was also read and filed. Ordered, That the commissions to the officers of that company, as minute men, be delivered to the Secretaries, and that new commissions issue lo them as an associated company ; and the said commissions were issued accord- ingly. A letter from William Smith, Esq. chairman of a meet- ing of sundry committees of towns in which the first regi- ment in Suffolk county is composed, signed by order of the said committees, was read and filed. He thereby informs that Nathan Woodhull and Edmund Smith, Jr. Esqrs. re- spectfully declined accepting the offices of first and second majors of the said regiment ; and that the said committees nominated and recommended Jeffrey Smith, Esq. lo be first major, and Jesse Brush, Esq. lo be second major of the said regiment. Ordered, That commissions issue lo those gentlemen respectively, and that their commissions bear date on the 27th ult. Mr. Joseph Hallett. informed the Congress, that he has more money than will be sufficient to discharge the con- tracts he has made on behalf of the Continental Congress, and that he will be enabled in a few days to close his ac- counts, but is desirous to pay the balance in hand to the Treasurer. 192 JOURNAL OF THE PROVINCIAL CONGRESS. Ordered, That Mr. Hallett pay the balance of the money in his hands to the Treasurer, and that he lake the Treasur- er's or his agent's receipt for such sum as shall be so re- turned. The Congress then adjourned until ten o'clock to-morrow morning. DIE VENERIS, 10 ho. a. m. November 3d, 1775. The Congress met pursuant to adjournment. Present — Abraham Yates, Jr. Esq. President. The return of the field officers of three regiments of the city militia, was read and filed. Ordered, That commissions issue for those gentlemen. Ordered, That Mr. Jacobus Van Zandt and Mr. Joseph Hallett be a committee to purchase flour, and load the pilot boat named the Bishop of Landaff, and send her to such port or place as they think best, on the account and risk of this Congress, to procure arms and ammunition, or ei- ther that may be obtained, and that they make such con- tract or contracts in the premises as they think fit. A letter from Gen. Schuyler, dated 26th October, was read and filed, and is in the words following, to wit : " Ticonderoga, Oct. 26th, 1775, ) " 2 o'clock, P. M. 3 " Sir — I am favoured with an express from Gen. Mont- gomery ; the fort and garrison at Chamblee, in which Maj. Stopford of the Hoyal Fusileers commanded, has surren- dered to our troops ; one hundred and twenty-four barrels of powder, and a considerable quantity of prepared ammu- nition, together with a quantity of provisions, has fell into our hands. " The reduction of St. John's seems of course ; we have already sunk their best vessel of force. A party of ours, consisting of about five hundred, that were stationed at La Prairie, has been attacked, but the assailants were re- pulsed with some loss. I hope the success which attends and promises to attend the American arms, will induce a misinformed ministry to adopt measures to bring about a reconciliation. " I am, sir, with the most respectful " Sentiments, yours and the Congress's " Most obedient and very humble servant. "Peter V. B. Livingston, Esq." A draft of a letter to Gen. Schuyler was read and ap- proved of, and is in the words following, to wit : " Provincial Congress, ) " November 3d, 1775. $ " Sir — We received your letter unsigned of the 26th ult. confirming the important intelligence that the fort and garrison at Chamblee has surrendered to our troops, with a very considerable quantity of provisions and military stores. This victory, together with the favourable pros- pect it affords of the acquisition of St. John's, gives us pleasure, and we most heartily concur with you in the hopes you express, that the success of our arms may in- duce the ministry to adopt measures of reconciliation. " We are, sir, your very humble servants. " By order." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. The protest of Francis James, one of the owners of the pilot [boat] Hamden, was read and filed. Ordered, That John McKesson, one of the Secretaries, draw an affidavit of Francis James, one of the owners of the pilot boat named the Hampden, that the said boat was taken without any collusion. A letter from a sub-committee of the committee of West- chester county, was read and filed, and is in the words following, to wit : " White Plains, November 1st, 1775. " Sir — The committee of Westchester county, having been called together upon a request of some of their body, upon suspicion of a plot being contrived to carry off seve- ral of the members, and some others, who had shewed themselves zealously attached to the liberties of this coun- try, Mr. Philip Pinkney, (who had given very full infor- mation to some of the committee, of the plot, and had of- fered to swear to it, provided he was brought by the com- mittee, by an appearance of force, and had engaged not to be out ot the way,) upon being sent for by some of the guard attending the committee, was not to be found ; where- upon some of the committee, by order of the whole, waited upon Mr. Pinkney, who, after refusing to come before the committee, and after a great deal of equivocation, made the enclosed affidavit before a magistrate, which we have reason to think is not the whole truth ; for which reasons we refer you to Col. Budd and Mr. Gill Budd Horton, with whom Mr. Pinkney has conversed. As we are only a sub-commiltee, appointed to take the examination of Mr. Pinkney, and such other persons as might be necessary, and to make a report of our proceedings to the honourable the Provincial Congress, we beg leave to request that Mr. Pinkney may be sent for and critically examined by the Congress respecting the above matter, and with relation to oars being made by the request of Captain Vandeput ; and also that William Davis, (who was employed in making the oars,) and Sarah Williams, the wife of Isaac Williams, of Westchester, may be also sent for and examined as a wit- ness respecting them. We also request that Mr. William Lounsberry, Isaac Gedney, Jr. and three hired men who work at Justice Sutton's, may be sent for on account of what Mr. Pinckney has related, though not sworn to, that they, among others, were minute men, as he called them ; that they were to be ready at a moment's warning, to take off some persons who were the most obnoxious. "We would also request, when the others are sent for, that the before mentioned Isaac Gedney, Jr. and William Nelson, Joshua Boyea, Joshua Ferris, Bartholomew Hains, Elijah Hains, William Hains and John Hains be also taken and brought before the honourable Congress, for taking up arms to rescue Elijah Weeks, who was brought before the commiitee upon a charge asainst him. " Upon the charge, we would mention the widow Mar- garet Gedney of the While Plains, (where they left their arms) Job Haddon of Harrison precinct, Benjamin Morrell of New-York, and Isaac Sniffen of Rye-Neck, as wit- nesses. For evidence to the other charges, we beg leave to refer you to Col. Budd and Mr. Gill Budd Horton. " We would not have troubled the Congress about ap- prehending the above named persons, but that we look upon ourselves at present [as] loo weak to do it, without great danger ; and we beg leave to submit it, whether it be not necessary for the security of many amongst us, as well as to prevent provisions being conveyed to the minis- terial army, that a guard be placed along the Sound in this county. "We are, sir, " Your most humble servts. "JONATHAN G THOMPSON, " THOMAS THOMAS, "JESSE HUNT, "MICAH TOWNSEND, "ANTHONY MILLER. " To Nathaniel Woodhull, President of the Provincial Congress in New-York." The affidavit therein mentioned was read and filed, and is in the words following, to wit : " Westchester County, ss. Personally appeared before me, James Horton, Jr. one of His Majesty's justices of the peace in and for said county, Philip Pinkney of full age, who deposeth and saith, that on Wednesday, ihe twen'v-fifih day inst. being in company, he heard one say that Godfrey Haines was determined to have satisfaction on some particular persons, and that there was a tender expected to lake them off instantly ; and that this depo- nent was asked if he would assist in taking off Judge Tho- mas privately, and that they were determined to have him JOURNAL OF THE PROVINCIAL CONGRESS. 193 if possible, and that there was a person to be in a particu- lar place to receive him from those that took him. " PHILIP PINCKNEY. " Taken and sworn before me this ) first day of November, 1775. J "James Horton, Junr." Ordered, That Col. Budd and Mr. Gilbudd Horton be requested to attend this Congress at five o'clock this after- noon. Mr. Melancton Smith delivered in an account of the ex- pense of apprehending and transporting to Albany three deserters from Col. Holmes' regiment, who were appre- hended at Poughkeepsie and sent to Albany. Ordered, That a copy of the said account be transmit- ted to Col. Holmes, that he may stop the said expenses out of the pay of the said deserters, to prevent the loss of that sum, and that he may be enabled to reimburse this Congress for the same. Thereupon a draft of a letter to Col. Holmes was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, November 3rd, 1775. $ "Sir — Enclosed is a copy of an account of expenses paid to a detachment of the independent company at Poughkeepsie for apprehending and conveying to Albany Thomas Hampton, James Devenport and Henry May, three deserters belonging to Cnpt. Wyncoop's company of your regiment. The Congress request that you will make an immediate stoppage in their pay, to reimburse the sum paid for that service, that you may account to the Congress for the same. " We are, sir, &c. " Col. Jakes Holmes." Ordered, That a copy thereof be engrossed and signed by the President, and, together with a certified copy of the said account, and of the above order, transmitted. A draft of a letter to the Continental Congress request- ing an aid in money, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ? " New-York, November Zrd, 1775. J " Sir — We are obliged to trouble the Congress once more on the subject of cash, as we are apprehensive the public service will suffer greatly unless we have an imme- diate supply from the Congress. When Mr. Trumbull the paymaster for the northern army passed through this city we applied to him for a reimbursement of the cash we had advanced in his department; he then informed us that he could pay no money, as Gen. Schuyler had ordered him to exchange what money he had into gold and silver and bring the same with him, as it would be wanted in Ca- nada. Since this we have applied to Gen. Schuyler for a warrant on the Continental Treasurer, but as yet we have not received an answer from him, owing, we suppose, to his indisposition and the hurry of business. Our accounts will be made up and transmitted with all possible despatch, but as the public creditors are pressing, we beg the Con- gress will pay to our Delegates at Philadelphia the sum of fifty thousand dollars to enable us to discharge the public debt, for which this Colony will be accountable. " We are, sir, your very humble servts. " By order of the Congress. "To the Hon. John Hancock, President of the honble. the Continental Congress. Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Ordered, That Col. McDongall be directed to cause 1501b. of the gunpowder now in the magazine [to] be made up into cartridges of different sorts, in readiness for the common defence, and that Mr. Gabriel W. Ludlow deliver to him or his order the above quantity. A petition of Abraham H. V. Vleck was read and filed. He thereby declares his contrition for his offence in a breach of one of the resolves of the Continental Congress, 49 and his engagement [to] prove himself a sincere friend to his country. Thereupon the Congress came to a resolution in the words following, to wit: [Resolution not entered.] Ordered, That a copy thereof be certified by one of the Secretaries and delivered to Mr. Henry Van Vleck to be published. The Congress then proceeded to hear the proceedings of the members met on the 27th and 28ih days of October last, which were all read, because the Congress on each of those days wanted one or more members, and the Con- gress having fully heard the same, approved thereof and confirmed the same and every part thereof. The Congress then adjourned until five o'clock in the afternoon. 5 ho. P. M. The Congress met pursuant to adjournment. Present— Abraham Yates, Esq. President. Thomas Pearsall, by order of the Congress, attending at the door was called in and examined, and notes of his examination were taken and filed, and are as follows : Thomas Pearsall examined touching raising the price of goods, says that about six weeks or two months ago, Samuel Weat of Norwich purchased of Robinson & Price of this city for account of Messrs. Christr. Leffenwell and Company about fifty blankets, at the rate of sixteen shil- lings per blanket ; that they were striped blankets of a middling good quality and size ; that from his knowledge of the sterling price of such blankets he supposes they must have cost 75 or 80*. per ps. of fifteen in a piece ; that Robinson and Price charged the said blankets to said Pearsall's account, and that he charged the same to Leffen- well and Company at the same rate. Mr. Peter T. Curtenius attending at the door was called in and examined, and notes of his examination were taken and filed, and are as follows : Peter T. Curtenius says that he purchased of Robin- son & Price last week 45 blankets for Capt. Ledyard's company at the rate of 19s. 6d. per blanket; that from the size and quality he supposes they cost £3 10s. ster- ling per ps.; that within a fortnight, he, Curtenius, sup- plied blankets of a better quality to the poorhouse at 12s. per blanket; that Robinson and'Price told him they im- ported said blankets from Philadelphia and paid 16s. for them there ; that he, Curtenius, bought of said Robinson and Price for the use of said company, duffets at the rate of 8s. per yard, such as he bought in the course of a month out of a retail shop at the rate of 6s. and 6s. 6d. and in the month of July last of Mr. Hamilton Young by wholesale, at the rate of 5s. 6d.; that Robinson and Price told him the duffels had cost 6s. 6d. per. yard. Col. Gilbert Budd and Gilbudd Horton from Westches- ter county, attending according to order, were called in and examined, and the examination of Gilbert Budd was taken in writing and filed, and is as follows, to wit : Gilbert Budd of Mamaroneck, says that the tories are getting the upper hand of and threaten them daily, and have injured their private property by throwing down stone fences and cropping his horses' tails and manes; that Philip Pinckney told him last Sunday that he was in com- pany on the 25th October last, with a man who told him that there would be bad times in Mamaroneck before long, and said that some of the people of the place would be taken off; that he, Pinckney, asked the man that told him how they were to be taken off? he answered that they ex- pected a lender in the harbour in a few days and that she would send barges on shore in order to carry the people off; that he, Pinckney, further asked the man where they were to be carried to, he answered to Gage ; Mr. Budd told Pinkney that Gage was not there ; he answered, to Gage's army ; that Pinckney said he asked the man who the men were that were to be taken off ; that the man in- timated to him that Mr. Gilbert Budd and Mr. Samuel 194 JOURNAL OF THE PROVINCIAL CONGRESS. Townscnd were the men that were to be taken off, and that there was another that they would have at all events ; that Pinckney told Budd that he asked the man who the other man was that was to be taken off; that the man an- swered him that Judge Thomas was the man, who they would have if it cost them the lives of fifty men ; that Pinckney told the said Mr. Budd that there was a number of his, Budd's neighbours, who stood ready to assist the tender in order to take them ; that Mr. Budd asked Pinck- ney if he knew who those neighbours were, he answered that one of them was William Lounsberry and one Isaac Geclney, Jr. and all Sutton's men, alluding to some hired servants of Sutton's ; that Pinckney said he came as a friend and advised Mr. Budd to keep out of the way, for that he did not think it safe for him to sleep in his house one night ; Mr Budd further says that he heard that Godfrey Haines said that he was going to get a parcel of oars made for the man of war ; that Haines came to Marnaroneck and that the next day Isaac Gedney set about making oars ; that they were making (as Budd understood) by Haines' order for Capt. Vandeput ; Mr. Budd says the tories are equipped and constantly in arms walking about at night, 6, 8 and 10 at a time ; Mr. Budd further says that it is reported that those toiies say they are determined to defend themselves, and that if any body came to their houses to take away their arms they would fire upon them. A charge was then given from the Chair to keep the whole of this matter a secret. Thereupon a draft of a letter to the committee at West- chester, was read, and is in the words following, to wit : "In Provincial Congrf.ss, > " M New-York, November 3d, 1775. $ "Gentlemen — We received a letter of the 1st inst. from the sub-committee of your county, relative to the conduct of the people of Rye, and the Congress have di- rected me to recommend to your committee to make an immediate and strict inquiry into the matters to which the letter refers, and take the examinations on oath of the wit- nesses ; and if you find satisfactory reasons to suppose the persons threatened to be in danger, that you lake the proper means to protect them ; perhaps the binding over to the peace such persons as may be strongly suspected of a design to injure the persons or estates of those gentle- men may be a useful expedient. If any thing afterwards shall be thought necessary to be done for their further pro- tection the committee will attend to it. If you should find the county unable to give the necessary protection, you will transmit the examinations to us, that the Congress may take such order therein as may be proper. The committee may rest assured, that this Congress will sup- port the friends of liberty to the utmost of their power. " We are, sir, your humble servants. "To Gilbert Drake, Esq. Chairman of the Committee of Westchester county." Mr. Melancton Smith moved, and was seconded, that that part of the letter to the committee of Westchester which refers them to the civil magistrate be struck out by consent of the Congress. The question was put by ris- ing, and carried in the negative. Dr. Graham, Mr. Tho- mas, Mr. Sears and Mr. Melancton Smith dissenting. Ordered, therefore, That a copy thereof be engrossed, and signed by the President, and transmitted. Col. McDougall informed the Congress, that on the re- ceipt of the letters, examinations, and resolve or recom- mendation of the Continental Congress, relating to Grant, of Dutchess county, as the Congress was not sitting, and not a probability of their being able to have a House for some days, several members, who assembled, were of opinion that the business therein mentioned would not ad- mit of delay, had desired Mr. Gilbert Livingston and him- self to take proper measures to have the said Grant se- cured, and the said recommendations carried into execu- tion. That, thereupon, they had wrote a letter, of which they delivered in a draft, in the words following, to wit : " New-York, 29th October, 1775. " Sir — You may remember, before you went out of town, that the transport which went from hence some time ago to Boston, was cast away at Brigantine inlet, in Jer- sey, in returning to this place, and the captain and crew, as well as Capt. Campbell, late of your county, with several marines, were taken prisoners and carried to Phila- delphia, where they were examined before the Committee of Safety of Pennsylvania ; which examination was handed up to the Continental Congress, from which the enclosed extract, No. 1, is made. The Congress, in consequence of it, wrote ours upon the subject, an extract of which you have herewith, (marked No. 2 ;) our Congress being ad- journed till Tuesday next, and it being uncertain whether a Congress will then be made, a number of the members convened, and opened the above letter, and from the ne- cessity of the case advised us to write you to secure the Mr. Grant mentioned in the examination, and all suspicious persons about Capt. Campbell's house, and examine them touching the enlisting men for the ministerial army, and transmit the result thereof to our Congress by express. As we understand there are several of the Grants in your county, we think it will be proper to endeavour to desig- nate the Grant herein mentioned from others of that name, and that two parties should be sent on this business, one to Grant's and the other to Campbell's house. It will prevent suspicion and alarm, if they appoint a place of rendezvous near each of those houses, and not go in bodies along the road for some distance before they reach the houses. It will also insure success, if those parties, when they get to their respective places of rendezvous, stop all the ave- nues leading to those houses, and prevent any person get- ting to them to give notice of the approach of the party ; great care should be taken that no rudeness should be of- fered to the families of any person your party shall find it necessary to take. We submit it to you and the friends of our common cause, to determine what number and who will be proper to carry the intentions of the Continental Congress into execution. " We are sir, " With great truth and regard, " Your humble servants, Signed, " ALEXR. McDOUGALL, "GILBERT LIVINGSTON. " To Zephaniah Piatt, Poughkeepsie." The Congress approved of their proceedings and con- firmed the same. The Congress then took into consideration the defence- less state of the fortifications on the banks of Hudson's river in the Highlands. Thereupon Ordered, That Col. McDougall send Capt. Grennell and Capt. Ledyard, with their companies, up to the said fortifications immediately, to be and remain until matrosses are raised or further orders. Thereupon a draft of a letter to Continental Congress was read and approved, and is in the words following, to wit : " In Provincial Congress, ) " New-York, November 3d, 1775. $ " Sir — As the fort in the Highlands is at present in a defenceless state for want of troops, and as it will take some time to raise the company of matrosses, directed by the Congress, we have ordered two incomplete companies, now here, of the Continental forces from which drafts have been made, to that post until the company of matros- ses is raised. We hope this step will meet with the ap- probation of the Congress. " And are, sir, *' Your humble servants. " By order of the Congress. "To the Hon. John Hancock, President." Ordered, That a copy thereof be engrossed, and sign- ed by the President, and transmitted. A certificate of Simon Cook and Lewis Delavergne, re- JOURNAL OF THE PROVINCIAL CONGRESS. 195 turning the officers of the second minute company in Amenia precinct, in Dutchess county, was read and filed. The officers returned are Roswell Kinne captain, Judah Burton first lieutenant, Ebenezer Carter second lieuten- ant, Andrew Shaw ensign. Ordered, That the commissions to those officers issue, which were issued accordingly. The Congress then adjourned until 10 o'clock to-morrow morning. DIE SABBATI, 10 ho. a. m. November 4th, 1775. The Congress met pursuant to adjournment. Present— Abraham Yates, President. Mr. Hallett produced two bills of exchange, drawn on Col. Robinson, one of 350 dollars, and the other of 105 dollars and a letter from his agent at Pensacola, of the 10th September last, informing that he took those bills be- fore he knew of the resolve of Congress against the bills of military officers, and cannot make demand for those bills until they are returned protested. Debates arose thereon. For paying the bills. Against paying the bills. Albany, 3 Dutchess, 2 Queens, 2 Richmond, 2 New- York, 4 Tryon, 2 Kings, 2 15 Ordered, That the examinations of P. T. Curtenius and Thomas Pearsall be delivered to the committee of the city of New-York, and that the said committee be requested to call the said persons before them and make proper inquiries therein, and to treat all such persons as they find offend- ing against the Continental resolves agreeable to their de- merits. Ordered, That any three of the auditors audit the ac- count of E. W. Kiers, amounting to £27 lis. 2d. that it may be paid by the Treasurer. And Ordered, That a letter be wrote to Col. Jas. Clinton, covering a copy of this account, and requesting him to stop the pay of the deserters therein mentioned, and retain the amount thereof out of the pay of the said deserters to en- able him to reimburse the same to this Congress, their Treasurer or order. Thereupon a draft of a letter to Col. James Clinton was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " Nov. 4th, 1775. J " Sir — Enclosed is a copy of an account of expenses paid and expended for apprehending and conveying to Albany thirteen deserters, belonging to Capt. Johnston's company, of your regiment. " The Congress request you will make an immediate stoppage in their pay to reimburse the sum paid for that service, that you may be enabled to account to the Con- gress for the same. " We are, respectfully sir, " Your very humble servants. " To Col. Clinton." Ordered, That a copy thereof be engrossed, and signed by the President, and, together with a certified copy of the said account and the above order, be transmitted. The affidavit of Francis James of this day was read and filed. Ordered, That Francis James be paid for one half of the pilot boat the Hampden, the sum of three hundred pounds, and for one half of the wages or hire of the said boat and her mariners, the sum of £45, on his executing a proper conveyance for one moiety of the boat, and deliver- ing over the papers relating to the said boat, to Mr. Jacobus Van Zandt, and entering into covenants to Mr. Van Zandt, that if any money should be allowed for the said boat, or for the service or detention of the said boat while employed in His Majesty's service, that he will pay a moiety thereof to Jacobus Van Zandt. And also, a covenant that if it shall hereafter appear that the said boat was taken by col- lusion, or any deceit of the master or owners or either of them, that then he will repay the said moneys to the said Jacobus Van Zandt. And, Ordered, That a copy thereof be a sufficient warrant to Peter Van Brugh Livingston, Esq. as Treasurer of this Congress, to pay the said moneys. Ordered, That the pilots of this city do not go on board of any vessels with troops on board, but that any pilot who may discover any vessel with troops on board, do imme- diately give intelligence thereof to this Congress, or to the Committee of the city of New-York, and to the inhabitants, with the utmost expedition, and that Mr. Beekman and Mr. Yates be a committee to give directions to the pilots for that purpose, and direct the pilots to keep this order secret. Henry Glenn, Esq. produced to this Congress the note of Abraham Ten Broeck, Esq. dated the 2d of June last, to Abraham Lott, Esq. or his order, for the sum of seven hundred pounds, with a receipt endorsed thereon for the whole amount received of the said Henry Glenn, dated this day, and signed Andrew Lott, deputy treasurer. The said note is given to Mr. Glenn for the use of Abraham Ten Broeck. Christopher Tappen, Esq. produced to this Congress the note of Egbert Dumond, Esq. dated the 12th July last, to Abraham Lott, Esq. or his order, for £428, received in an order on the loan officers of Ulster county, with a receipt endorsed thereon signed by Andrew Lott, deputy treasurer, for the amount of the said note, this day received of the said Christopher Tappen. The said note is given to Mr. Tappen for the use of Egbert Dumond. David Clarkson, Esq. produced to this Congress his note to Abraham Lott, Esq. Treasurer of this Colony, dated the second day of June last, for the sum of two hundred pounds borrowed by order and for the use of this Congress, and at that time delivered to Dirck Swart, for the public services in removing cannon, stores from Ticonderoga, and disbursements attending the same. Mr. Clarkson also delivered in Swart's receipt for the said 200 pounds, dated on said second day of June last, which is filed with the Secretaries. A letter from the Rev. Samuel Kirkland, recommending an Indian, the bearer thereof, for money was read. Ordered, That the said letter be returned to the bearer, and that he be referred to the Continental commissioners for Indian affairs. Capt. Hutchinson, captain of a company of minute men in Haverstraw precinct, attending at the door was admitted. He informs that he had formerly taken up three deserters from Capt. Robert Johnson's company, who were not then sent up to the regiment because they were sick ; that they are now recovered and fit for duty, and he requests to be directed what shall be done witli them. Capt. Hutchinson was directed to send them to the new fortifica- tions in the Highlands, as soon as he shall hear that any company of the Continental troops are there. Ordered, That a proper shed be built in or near the barracks' yard, to deposite the artillery of the Colony. And it is also Ordered, That Mr. Anthony Griffiths be, and he is here- by appointed a commissary to purchase stores necessary for the cannon of the two artillery companies, and that he superintend the building of the said shed. MINUTES OF THE Proceedings during the recess of the Provincial Congress, BY THEIR ADJOURNMENT ON THE 4th OF NOVEMBER, 1775, Until a sufficient number of the newly elected Delegates attended to represent a majority of the counties and form a Congress on the 6th of December, 1775. Note. — The new Congress were to have met on the 14th of November; they were to be elected on the 7th of No- vember, according to the ordinance of the 27th of October. A letter from the Hon. John Hancock, President of the Continental Congress was received by express, after the Provincial Congress had adjourned, and is in the words following, to wit : " Philadelphia, Nov. 9th, 1775. " Gentlemen — Your several letters lately received have been laid before Congress ; those that respect the fort in the Highland have been acted upon, and I here enclose you the resolutions of Congress thereupon, which you will please to put in immediate execution. As soon as Con- gress have determined upon the other matters mentioned in your letters, the result shall be communicated to you. As I am directed to forward immediately, by express, the enclosed, I have not time to add but that " I am, with respect, gentlemen, " Your most obedt. servt. " JOHN HANCOCK, Presdt. " To the Members of the Convention of New- York." The resolutions of the Continental Congress of the 8th of November, enclosed in the said letter, are as follows, viz: " In Congress, Nov. 8th, 1775. " Resolved, That a commander with the rank of a colonel be appointed to take the command of the fortifications or fortresses in the Highlands, on Hudson's river. " Resolved, That it be recommended to the Convention of New- York to empower the said commander to call to- gether and command 200 men of the militia of Dutchess, Orange and Ulster counties, and one company of artillery from the city of New-York, who shall be stationed in the Highlands until relieved by the company of artillery di- rected by this Congress to be raised in the city of New- York, and such other Continental troops as may hereafter be directed to take possession of the same. " Resolved, That the minute men or militia, while on service be maintained and paid at the same rate as the rest of the Continental forces. " Resolved, That a number of the militia of the coun- ties of Dutchess, Orange and Ulster be formed into inde- pendent companies under the direction of the commander of the said fortresses, and in case of alarm be directed to 50 repair to the several stations in the Highlands, which, in order to prevent confusion, should be immediately assigned to them. " Resolved, That the troops which shall at any time hereafter be directed to garrison the fortresses in the High- lands be put under the direction of the commander of the fortresses, except when headed by a general officer. " Resolved, That the Deputy Commissary-General be directed to provide sufficient provisions for 1000 men for one month and keep that quantity in stock. " Resolved, That the powder sent from this place to Gen. Schuyler be remanded, if it can be any ways spared, and left at the fortresses in the Highlands. " Resolved, That the committee of safety of this city be requested to furnish the Colony of New-York with 5001b. of powder, and to forward the same immediately to Dobbs' ferry ; that the Provincial Convention of New- York give orders to receive it there, and send it as soon as possible to the fortresses in the Highlands. " Resolved, That it be recommended to the Convention of New- York, if they have not already sent forward a suf- ficient number of cannon for the defence of the fortresses erecting in the Highlands, that they immediately send for- ward to those fortresses so many of the cannon at King's Bridge, of the best quality and largest bore, as they may think necessary for that purpose. " Thursday, Nov. 9th, 1775. " Resolved, That the appointment of the commander of the fortresses on Hudson's river, in the Highlands be post- poned to Wednesday next, and that Capt. John Hanson take and keep the command of the said fortresses and the troops there until the Congress shall appoint a commander of said fortresses. " Extract from the minutes, " CHAS. THOMSON, Secy. " By order of the Congress, "JOHN HANCOCK, President." The Provincial Congress having adjourned to the 14th of November when the new elected members are to meet ; such of the members of the new Congress as were present 198 MINUTES DURING THE RECESS OF CONGRESS. in New-York forwarded copies of said resolutions to the committees of Dutchess, Orange and Ulster counties en- closed in a letter in the words following, to wit : " New-York, Nov. lZlh, 1775. " Gentlemen — You will see by the enclosed copy of sundry resolutions, received by express from the honourable Continental Congress, that your county together with the other two counties therein mentioned are to furnish imme- diately two hundred men to the fortifications on Hudson's river, to be maintained and paid in the same manner as the Continental troops, and to remain there until relieved. That you are also to form a number of your militia into companies to be ready in case of alarm to proceed to any post on the river and perform duty at a minute's warning. " We conceive that you will think it your duty to fur- nish immediately at least one-third of the number required, to wit : a company of sixty-seven men, including officers, properly armed, accoutred and equipped, to proceed with- out delay to the said fortifications, and remain there till relieved by order of the Continental Congress. If you shall find it convenient to raise and send to the forts more than your proportion, or inconvenient to furnish your pro- portion, we request that in either such case you would imme- diately despatch one or more of your most judicious mem- bers to the committees of the other two counties mentioned in the said resolutions, and make such an arrangement as to have the resolutions of the Continental Congress fully complied with. This will no doubt be most easily done by stationing one of your best companies of minute men or independent companies at the forts, or such other places as shall be directed for the present by the commanding officer of the Continental forces at the fort. " As the Deputy Commissary-General is directed to pro- vide and keep there a sufficient stock of provisions for a thousand men, we presume that beside your proportion of 200 men, now ordered to garrison those forts, the propor- tion of the militia of your county, which is to be formed in readiness to march to the fortresses, or such stations in the Highlands as shall be assigned them in case of any alarm, cannot be less than three hundred. We therefore pray you also to make a proper arrangement in the militia of your county for this service, and to take especial care that the officers be such as feel the cause of their country and will defend it ; and that you send us by the return of your members to Congress, or sooner if possible, a full account of your proceedings in the premises, that the Pro- vincial Congress, as soon as met, may be enabled to give a proper and satisfactory answer to the honorable Conti- nental Congress, and convince both our friends and foes that we are as willing, as ready and as brave as any of our sister Colonies on the Continent. "As our Provincial Congress was adjourned before the arrival of the express from Philadelphia, to the 14th inst. when new elected members are to meet, we thought it our duty to forward to you a copy of the resolutions, as far as they respect your county, with our sentiments on the sub- ject, and are most respectfully, " Gentlemen, your very humble servants, (Signed,) " P. V. B. LIVINGSTON, "ALEXR. McDOUGALL, " JACOBUS VAN ZANDT, "JAMES BEEKMAN, " EGBERT DUMOND, "WM. ALLISON, " THOMAS SMITH." The same gentlemen also addressed a letter to Walter Livingston, Esq. Deputy Commissary-General, in the words following, viz : " Sir — We received by express from Philadelphia sun- dry resolutions of Congress. We enclose you a copy of such of them as will show you the necessity of furnishing and keeping up a stock of provisions for a thousand men for a month, at the fortifications in the Highlands. Those posts have been hitherto supplied from hence. " We beg leave to suggest it as our opinion, that though a proper stock of salt provision must be laid in store, yet fresh beef for present daily consumption will be most heal- thy for the troops, and much the cheapest, and may be easily obtained in great plenty from Orange county in the neighbourhood of the fort. " We are respectfully, sir, " Your very humble servants, " P. V. B. LIVINGSTON, " ALEXR. McDOUGALL, "JACOBUS VAN ZANDT, "JAMES BEEKMAN, "EGBERT DUMOND, "WM. ALLISON, "THOS. SMITH. " New-York, November 13th, 1775. " To Walter Livingston, Esq." New-York, November 22d, 1775. Deputies chosen to represent the city and county of New-York and the counties of Westchester, Ulster and Dutchess, in Provincial Congress, met, and there not being a majority of the counties represented, the gentle men present requested one of the Secretaries of the late Provincial Congress to address a letter to the members chosen to represent King's county, in the words following : " New-York, November 22d, 1775. " Gentlemen — The members chosen to represent the counties of New-York, Westchester, Ulster and Dutchess in Provincial Congress, have met several days past, but cannot proceed to business for want of more members ; I am therefore directed by those met to request of you that a sufficient number of members to represent your county, do attend and take their seats as soon as possible, that the business of the great cause we are engaged in may be no longer delayed or neglected. " I am gent, your most obdt. humble servt." The Deputies present then adjourned until 10 o'clock to- morrow morning. New-York, November 23d, 1775. Deputies chosen to represent the counties of New- York, Albany, Dutchess, Westchester, Kings, Suffolk and Ul- ster in Provincial [Congress] convened, but there not be- ing a majority of the counties represented, the gentlemen present requested Mr. Robert Benson, one of the Secre- taries of the late Provincial Congress, to address a letter to the committee of Orange county in the words follow- ing : " New-York, November 23d, 1775. " Gentlemen — The Deputies chosen to represent the counties of New-York, Albany, Dutchess, Westchester, Kings, Suffolk and Ulster in Provincial Congress are met, but as they are not a majority of the counties cannot pro- ceed to business. I am therefore directed by the mem- bers present to write you by express, requesting that a representation of your county may be sent down to the Congress without loss of time, that the measures neces- sary to be carried into execution may not be delayed or neglected. " I am, gentlemen, " Yours, &c. "R. BENSON. " To the Chairman and members of the Committee of Orange county." The Deputies present then adjourned until 10 o'clock to-morrow morning. New-York, November 24th, 1775. The Deputies from several of the counties met, but there not being a majority of the counties represented, the gentlemen present requested Mr. Benson to address a let- ter to the Representatives of the county of Richmond, in the late Provincial Congress, in the words following, viz : MINUTES DURING THE RECESS OF CONGRESS. 199 "New-York, November 24th, 1775. " Gentlemen — The Deputies from most of the coun- ties have met during the course of this week, and with the addition of a few members who are hourly expected, will undoubtedly form a Congress next Monday or Tues- day at farthest, and proceed to business. " A report prevails, that the people of your county will not send members to represent them in Provincial Con- gress. I am directed by the members present to inform you of this, and to request that you will inform them as soon as you possibly can of the state of your county rela- tive to the choice of Deputies to represent them in the ensuing Congress. " Yours, &c. " R. BENSON. "To Paul Micheau, John Journey, Aaron Cortelyou, Richard Con- nor and Richard Lawrence, Esqs. Richmond county." The Deputies present then adjourned from day to day until Friday, the 1st day of December. New-York, Friday, Dec. 1st, 1775. The Deputies of several counties, chosen to represent the said counties in Provincial Congress for the Colony of New-York, having met several days, but the Represen- tatives of a majority of the counties not being present, could not proceed to business as a Congress ; wherefore, for the sake of order and for the purpose of reading and answering several letters which have been received since the dissolution of the last Congress, and for taking such measures as may be necessary for calling such other members as are chosen and have not attended, chose Col. Nathaniel Woodhull, Chairman. The members present are as follows, viz : Col. McDougall, Capt. Rutgers, Mr. Van Zandt, Mr. Roosevelt, Mr. Sands, Mr. Ray, Col. Brasher — For New-York. Maj. Nicoll, Col. Van Rensselaer, Mr. Cuyler, Mr. Gansevoort, Mr. Bleecker — Albany. Mr. Covenhoven — Kings. Mr. Schenck, Mr. Humphreys — Dutchess. Mr. Graham, Mr. Thomas, Mr. Lockwood — Westchester. Mr. Wyncoop, Mr. Canline, Mr. Palmer — Ulster. Col. Woodhull, Mr. L'hommedieu, Mr. Hohart— Suffolk. Agreed, That circular letters be wrote and transmitted by express to the counties of Tryon, Charlotte and Cum- berland, requesting that the Deputies chosen to represent the said counties in Provincial Congress, may be sent down to attend said Congress without delay. Agreed, That letters similar be wrote and sent by ex- press to Orange, Kings and Dutchess counties. By order of the Deputies attending, a letter was ad- dressed to the committees of some of the counties, and signed by John McKesson, their Secretary, in the words following, to wit : " New-York, December 1st, 1775. " Gentlemen — The Deputies of New York, Albany, Dutchess, Westchester, Ulster and Suffolk have attended a considerable time in New-York, and have not been able to form a Congress. They have directed me to write to you, and press the necessity that, your county do immedi- ately send Deputies to attend the Provincial Congress, so as to represent the county. " The public business has long been delayed for want of members. The gentlemen present hope that there is no occasion to represent to you the disagreeable state that this Colony must be reduced to without a Provincial Con- gress. On the one hand, should the reins of Government be let loose, and the mob direct matters at their pleasure, the horrors of our situation may be more, easily conceived than described. And on the other hand, should the Con- tinental Congress find it necessary for the public service, and for the want of a Congress, to put the Colony under a military government, directed by a major-general and an army, (and that at the sole expense of this Colony,) you may easily imagine what disagreeable consequences will ensue. Many gentlemen present are apprehensive that one or the other of the above events will be the conse- quence if a Congress is not speedily formed, so as to pro- ceed to business and direct. " I am, (by order of the gentlemen present,) " Most respectfully, gentlemen, " Your very humble servant, "JOHN McKESSON." One copy whereof was addressed to the committee of Tryon county ; another copy was addressed to the com- mittee of Charlotte ; and another copy to the committee of Cumberland. By order of the Deputies present, a letter was addressed to the committee of Orange county in the words follow- ing, viz : " New-York, December 1st, 1775. " Gentlemen — We are extremely sorry to inform you that we have not yet been able to make a Congress, and as we suppose that your county have now held the election for Deputies to represent you here, we beg that you will not delay sending down your members by next Monday morning, that the public business may no longer suffer for the want of a representation of your county. For such is the perilous state of America, and this Colony in particular, that a Convention of the Deputies is absolutely necessary with the utmost despatch. But if after such repeated ap- plications to your county to be in Congress by their Depu- ties, if you continue to neglect a measure so necessary for your reputation and safety, you must not complain if the Congress determine upon matters relative to your county, in common with others, although yours should, by your in- attention, be unrepresented. " To the Committee of Orange county." Letter from Paul Micheau, one of the Deputies from Richmond county in the late Provincial Congress, directed to Mr. Robert Benson, Secretary of the Provincial Con- gress, New-York. " Richmond county, December 1st, 1775. " Sir — I received yours of the 24th ult. last night, and expected that our committee had acquainted the Congress, ere this, of the state of the county relative to the choosing new Deputies. " When I returned from Congress, I immediately ac- quainted them that the Congress was dissolved, and had ordered the committees in each county to convene the peo- ple to elect new Deputies, and desired them to advertise all such persons in the county as had a right to choose Representatives in General Assembly. " I am now to inform you that, agreeable to my request, a meeting of the committee was called, in order to adver- tise, and, not a majority appearing, those that did appear concluded that they were not empowered to act ; since which nothing has been done. " I should be glad the Congress would write the com- mittee to send their reasons for not convening the people ; a list of their names you will see at bottom. " The situation of my family is such at present, that if the people should think proper to choose me again, I can by no means serve. " That the present Congress may endeavour to keep tranquillity and good order in our Province, and make peace with our mother country, is the sincere and fervent wish of " Your most sincere friend and humble servant, "PAUL MICHEAU. " P. S. Please to communicate this to Congress. " Committee's Names. — Capt. John Kittletas, Capt. Christian Jacobson, Capt. Cornelius Dussosway, Henry Perine, David Latourelle, Esq., Peter Messereau, John Poillon, Moses Depuy, Lambert Merrill, John Tysen, Jo- seph Christopher, George Barns and Daniel Corson." 200 MINUTES DURING THE A letter from the Delegates of this Colony in Continen- tal Congress, was read in the words following, to wit : " Philadelphia, 3d November, 1775. " Gentlemen — On perusing our credentials we find the continuance of our Delegation unlimited. As this appears to us an omission of great importance, we think it our duty to apprise you of it, and hope that no delicacy, with respect to us, may influence you to decline a new appointment. " We have been informed that compensation for our ex- penses and loss of time is under your consideration, and as we presume an account of the provision made by the other Colonies, for their respective Delegates, would be agreea- ble to you, we take the liberty of subjoining it. " Georgia.— £100 sterling to each Delegate per month. " South Carolina.— £300 to each for the last Congress. " North Carolina.— £500 currency to each per year. " Virginia. — A half Johs. per day to each. " Maryland. — 40 shillings to each per day, Proc. " Pennsylvania— 20 shillings to each per day besides the allowance to such of the members as come from the counties. " Connecticut. — 3 dollars to each per day for loss of time besides all expenses, allowing each Delegate a servant and two horses. " Rhode-Island. — Exactly the same as Connecticut. " Massachusetts. — All expenses as above and two dollars to each per day. " New-Hampshire.— All expenses as above and half a guinea per day to each. " We are, sir, with the greatest respect, " The Congress's and your humble servants, " ROB. R. LIVINGSTON, Junr. " WM. FLOYD, " FRANCIS LEWIS, " HENRY WISNER, "JAS. DUANE, "JOHN ALSOP, "JOHN JAY." A letter from James Duane and Robert R. Livingston, Jr. two of the Delegates of this Colony at Continental Congress, was read in the words following, to wit: " Gentlemen — The Congress have taken the resolu- tion to appoint a commander of the fortress in the High- lands, with the rank of colonel, and Wednesday is fixed for the purpose. " As it must be of moment that this command should be vested in a person of abilities, and in whom the inhabitants place confidence, we wish you would name three or four gentlemen, who are competent for the trust, and we shall endeavour to get one of them preferred. " You will, however, be pleased to observe that, as these works are erected at Continental expense, the Congress claim an absolute right to appoint the officers. " We have the honour to be, " With the greatest respect, gentlemen, " Your most obedient humble servant, "JAS. DUANE, "ROBT. R. LIVINGSTON, Junr. " Philadelphia, 9th Nov. 1775. " Honourable Provincial Congress at New-York." Ordered, That the consideration thereof be referred to the Provincial Congress. A letter dated at Philadelphia on the 4th of November last, and signed A. was read in the words following, viz : " Philadelphia, 4th of Nov. 1775. " Gentlemen of the Committee — " I sincerely sympathize with you in your distress, and from the inhuman proceedings of those tyrants that infest America, I am afraid your valuable town of New-York is in danger of being burnt. I would, there- fore, recommend to you to prepare fire vessels, which, properly made use of, will defend you against your infer- nal enemies, and save your town, which is valuable. 1 am of opinion that I am possessed of a knowledge that would be efficacious in burning such vessels as may come to do you damage ; but as my situation requires me to conceal my name at present, it would not be prudent it should yet be known, as it may be attended with ill conse- quences to me ; neither would it be prudent to risk my advice without an advantage, in proportion to the service I RECESS OF CONGRESS. may do. Should you, therefore, gentlemen, conceive tha above proposal to be of any importance and deserving of an answer, be pleased to direct to A. at the London Coffee House, to the care of Mr. Hugh James, the bar-keeper. " I am, gentlemen, " Your most humble servant, A. Directed " To the Chairman of the Committee of Safety in New- York." A letter from Col. Goose Van Schaick, dated at Albany on the 2d November ult. informing Congress of the death of John Keyser, second lieutenant in Capt. Christopher Yates' company, and recommending that Mr. Tobias Van Vechten, may be appointed to supply the vacancy. A letter from the Hon. John Hancock, was read, in the words following, viz : " Gentlemen — The Congress having appointed a com- mittee to purchase clothing for the army, in the northern department, and the committee having purchased them, I am directed to inform you, that they are ordered to be sent by land to Dobbs' ferry, where you are requested to have a boat ready to take them in and transport them immedi- ately to Albany. The wagons set out to-morrow morning. " I am, gentlemen, " Your most obedient servant, " JOHN HANCOCK, President. " Philadelphia, 10th Nov. 1775. " To the gentlemen of the Congress at New- York." A letter from Samuel Tucker, chairman of the com- mittee of Trenton, was read in the words following, viz : " Trenton, 10th Nov. 1775. " Sir — Your letter of the 17th ult. covering several re- solutions of the Continental and your Provincial Congress, was delivered to me this afternoon under a new blank co- ver, the hand writing of the superscription to me unknown. And Congress adjourned on the 28th of last month, to the first Tuesday in April next, unless sooner convened by the Committee of Safety. " The Assembly of this Colony meets at Burlington on Wednesday next, at which time I shall have the opportu- nity of seeing several members of our Committee of Safety, to whom I shall communicate the contents of your letter ; at present the mode of forwarding all intelligence, ex- presses, &c. is by our town committees who on the first notice, furnish horses and proper persons from one town to the other, which has answered very well as far as I have heard in times past, although I am convinced a further re- gulation is necessary, and horses and proper persons ought to be in readiness, kept at every stage for the purpose. I have only to add that I am, although unknown, " Your most obedient humble servant, "SAML. TUCKER. " P. S. Direct in future to me at Trenton." A letter from Cornelius Clopper, one of the Deputies elected to represent the city and county of New-York, and dated the 14th ult. informing Congress that the remoteness of his situation from town, renders it highly inconvenient for a person of his advanced life and infirm constitution to give his attendance, and hoping they will accept of his re- signation, was received and filed. A letter from Col. John Van Ness, dated at Rynebeck the 14th Nov. 1775, informing Congress of the place of rendezvous of his regiment in case of an alarm, and that powder and lead is much wanted, was received and filed. A letter from Gen. Schuyler advising of the reduction of St. John's, was read in the words following, viz : " Ticonderoga, Nov. 7th, 1775. " Gentlemen — I am this moment honoured wtth Gen. Montgomery's despatches, advising me of the reduction of St. John's, which surrendered on the third inst. On this in- teresting event I congratulate you with all that satisfaction which arises from a hope, that it will be another step to- wards inducing the ministry to hearken to the wish of America for a reconciliation. And that Gen. Montgomery MINUTES DURING THE RECESS OF CONGRESS. 201 commanded, whom you recommended in such a polite manner to Congress. The difficulties he has had to sur- mount would be too long for a letter at a time when I wish his success should be known the soonest possible. " I am, gentlemen, with great respect, " Your most obedient humble servant, "PH. SCHUYLER. " Gen. Carlton attempted our posts at L'Onguiel and although he had a considerable body, has been beat back with loss. " The New-York Provincial Congress." Ordered, That the consideration of said letter be re- ferred to the Provincial Congress. [This letter answered December.] Another letter from Gen. Schuyler was read in the words following, viz : " Ticonderoga, Nov. 18th, 1775. " Sir — I have the honour to congratulate you on the success of our arms in the reduction of Montreal, which was delivered up to Gen. Montgomery on the 13th inst. You will feel a particular satisfaction in the reflection that you recommended this brave, experienced and sensible gentleman to a command. May indulgent Heaven smile on our honest endeavours in every future contest, that an in- fatuated ministry may see the errors they have gone into, and that peace, mutual love and interest may again unite Britons and Americans in the most indissoluble ties, and erect one mighty empire which the hand of the Great Ar- chitect of the Universe only will be able to crush. "I am, sir, with sentiments of great respect for you and the respectable body in which you preside, " Your most obedt. humble, servt. "PH. SCHUYLER. " Peter V. B. Livingston, Esq. &c." Ordered, That the consideration thereof be referred to the Provincial Congress. Another letter from Gen. Schuyler was read in the words following, viz : " Ticonderoga, Nov. 20th, 1775. " Gentlemen — As I am not advised of what money has been advanced the troops raised in this Colony, I find it impossible to pay them without the hazard of going be- yond what they ought to have, especially as several of the officers do not know what they have received. You will therefore please with all possible despatch to transmit me an account of what has been paid by Congress, their agents or committees, specifying the officers' names, to whom, by whom and when, and distinguishing between billetting mo- ney and pay. " The frost is so intense that this lake is already in many parts covered with ice, and if it continues a few days longer I fear our intercourse with Canada will be cut off for this year. " I am, gentlemen, most respectfully, " Your obedient servant, "PH. SCHUYLER. " To P. V. B. Livingston, Esq." Ordered, That the consideration of this letter be also referred to the next Provincial Congress. A letter from Gen. Washington was read in the words following, to wit : " Cambridge, 16th November, 1775. " Sir — It was determined at the conference held here in the last month, that such military stores as could be spared from New-York, Crown Point, Ticonderoga, &c. should be sent here for the use of the Continental army. As it was not clear to me whether I was to send for, or that they were to be sent to me, I desired Mr. Reed, on his way to Phi- ladelphia, to inquire into this matter. As I have not heard from him on this subject, and the season advancing fast, I have thought it necessary to send Henry Knox, Esq. who will deliver you this. After he forwards what he can get at your place, he will proceed to Gen. Schuy- ler, on this very important business. I request the favour 51 of you, sir, and the gentlemen of your Congress, to give Mr. Knox all the assistance in your power. By so doing, you will render infinite service to your country, and vastly oblige, " Sir, your most ob. hum. servt. " GEO. WASHINGTON. " To the President of the Provincial Congress, New-York." A letter from Walter Livingston, Esq. Deputy Com- missary General, in answer to the letter of the gentlemen assembled on the 13th, was read in the words following : " Gentlemen — 1 received your favour of the 13th inst. and am of opinion that fresh beef will soon be scarce un- less I purchase stall fed cattle ; I shall however waive my own judgment and order some to be purchased, together with some flour and pork. The Congress have resolved that Mr. Phelps is one of my deputies, and having no business for him here, have ordered him to repair to the battery erect- ed in the Highlands, with all convenient speed. Mr. Eg- bert Dumond has applied to me to purchase some flour, to whom be pleased to deliver the enclosed. I wish you much joy, with the surrender of Montreal. " I am, gentlemen, "Your most obedt. humble servant, "WALTER LIVINGSTON, " D. C. Genl. " Jlbany, Nov. 22, 1775. " To Genl. McDougall, and the other gentlemen." A letter from Gov. Trumbull as to the proposed plan of communicating intelligence, was read and filed in the words following, viz : " Lebanon, 23d November, 1775. "Sir — Your letter of October 17 last, enclosing copy of the minutes of Congress, directing concerning the manner of conveying intelligence in case of invasion, and receiving assistance when necessary, and a plan for that purpose for our consideration, was not received till the 10th inst. — and this day is the first opportunity I have to lay it before the Council of Safety. Your plan is approv- ed ; and I am desired by them to write to and employ proper persons in the western towns to procure persons to be in readiness at a minute's warning, to carry any intelli- gence of alarm or invasion to the towns where occasion may require. I have accordingly written to Abraham Da- venport of Stamford, and Thaddeus Burr of Fairfield, Es- quires, to make the necessary provisions. " I am, most respectfully, sir, "Your most obedient humble servant, "JONTH. TRUMBULL. " Hon. President Woodhull." December 1, 1775. A letter from Robert Livingston, Junr. in answer to a letter of the 20th of October last, on the subject of gun- powder, was read and filed in the words following, viz : "Manor of Livingston, 4th Nov. 1775. " Sir — I have received your favour of the 20th of last month. I now send down the receipts from Mr. Walter Livingston for the 10201b. of powder by my son John Li- vingston, as I have made no account of it, and don't know what the Philadelphia manufacturers take for remanufac- turing. I suppose that you have been informed that this powder was sent to me in as bad a state as well could be imagined ; the casks, some of them having nearly as much water as powder in them, besides nails and other things in it, which made the working it somewhat dangerous. As Mr. Livingston told me he had no orders to pay for it, I desire you would inform my son who is to pay for it. If there is any person appointed at New-York, I desire you would direct him where he must apply; I shall leave the settlement of the price to you. I have not got the receipt for the 2001b. sent by your order to the committee of Albany. 202 MINUTES DURING THE RECESS OF CONGRESS. I had given an order to Dr. Van Dyck, with whom I sent a part of it, to receive the money, but the committee in- formed him they had no cash in hand at present. As I sup- pose they will according to your first order pay no more than £20 per cwt. I should be obliged to you if you would inform my son who is to pay the other five pounds, and the bounty; whether the bounty will be allowed on the re- manufactured powder I know not, but if it is not, I believe you will consider it in the allowance, as the bounty might have been earned in nearly the same time the manufacturer was employed in this business. " I remain with great respect, sir, " Your most ob't humble servant, " ROBT. LIVINGSTON, Junr. Directed " To Nathaniel Woodhull, Esq. President of the Congress, New-York." A letter from the Hon. John Hancock, President of the Continental Congress, was received and read in the words following, viz : " Philadelphia, Nov. 21th, 1775. " Gentlemen — I am directed by Congress to write to you and request you to use your utmost endeavours to fur- nish the troops raised in New-Jersey for the defence of New-York, with as many fire arms as your Colony can conveniently spare, and that you will please to send them to Lord Stirling, who commands the forces in the Jerseys. " I am, gentlemen, " Your most obedient servant, "JOHN HANCOCK, President. " To the Members of the Convention of New-York." A letter from James Duane, one of the Delegates of this Colony in Continental Congress, was received and read in the words following, viz : " Gentlemen — I have the honour of transmitting to you the enclosed resolutions of the Congress, in obedience to their order. Our letter on the subject of the fortress on Hudson's river remains unanswered. It is of so much importance that our Colony should be satisfied of the fide- lity and abilities of the officer to whom this command is entrusted, that we wait impatiently for your recommenda- tion, flattering ourselves that it will have its full weight. We have procured an order in your favour for 50,000 dol- lars, agreeable to the request of the late Congress, and as soon as the bills are signed, which has been unaccountably protracted by the gentlemen who undertook this business, the money will be forwarded. " I have the honour to be, " With the greatest respect, gentlemen, " Your most obedt. humble servant, " JAS. DUANE. " Philadelphia, 28th November, 1775. " Hon. Convention of New-York. "P. S. The resolution referred to in the enclosed ex- tracts is in the press and will speedily [be] published among other acts of Congress. 500 weight of powder is now forwarded ; it was borrowed from Pennsylvania by the Congress with difficulty." The resolves of the Continental Congress on the sub- jects of manufacturing firelocks, saltpetre, and punishing persons harbouring deserters, enclosed in Mr. Duane's let- ter, were read and filed, as follows, to wit : " In Congress, Nov. 4 " New-York, Deer. 8th, 1775. £ " Gentlemen — At this late date we acknowledge the receipt of your favours of 3d, 9th, and 28lh Novr. last ; having been till the 6th inst. in the unhappy predicament of not having members sufficient to make a Congress. " We are much obliged to you for putting it in our power to recommend, through you, an officer to command at the fortress in the Highlands. We are fully of opinion with you, gentlemen, that the person to fill that important office should be not only of the strictest honesty and fideli- ty, but also well acquainted with the pass he must defend. We, therefore, recommend Gilbert Livingston, Esq. Mr. William Bedlovv, Mr. Thomas Greenel and Mr. Jonathan Lawrence, as persons qualified for that service. " We are pleased to find there has been an order passed in our favour for 50,000 dollars, and heartily wish the mo- ney here, as we have many pressing calls, and not a far- thing to satisfy them. We earnestly entreat your utmost endeavours to have it forwarded to us as soon as possible. " The 5001b. of powder sent to the fort in the Highlands was a very seasonable supply, as that pass would have re- mained in an almost defenceless state without it. This Colony is so destitute of powder that we are obliged to take the liberty of desiring you to be extremely pressing in Congress for the repayment of the debt due to us in that article. " Yours of the 3rd inst. we shall duly notice as soon as we have expedited the many very pressing matters which have grown on our hands by occasion of our not being a body sufficient to do business for so long a time. "We are, gentlemen, " Your mo. obt. servts. " To the New-York Delegates in Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Capt. John McNachten (who arrived last evening from London) being requested by Congress to attend, and at- tending at the door, was called in and examined, and his examination being reduced to writing and read to him, he declared it was truly taken, and was thereupon filed. A certificate from the committee of the city of New- York, was read and filed, and is in the words following, to wit : " Committee Chamber, ) "New-York, Deer. 5, 1775. $ " The general committee hereby recommend Win. Lea- ry as a suitable person for a town major, and request he may be commissioned accordingly. " JOHN BROOME, Ch. P. T. " To the Honble. the Provincial Congress, New-York." Ordered, That a commission be issued to the said Wil- liam Leary, as town major of the city of New-York, agree- able to the said recommendation. A certificate from the committee of the city of New- York was read and filed, and is in the words following, to wit : " Committee Chamber, > " New-York, Deer. 5th, 1775. S " The general committee hereby recommend Peter Pra Van Zandt for first major, and Patrick Welsch, adjutant, to the said regiment of militia, and request they may be com- missioned accordingly. "JOHN BROOME, Ch. P. T. " To the Honble. the Provincial Congress in New- York." Ordered, That commissions be issued to those gentle- men accordingly. 210 JOURNAL OF THE PROVINCIAL CONGRESS. Colo. McDougall informed the Congress that one S. Speight, a druggist, who formerly lived in this city, and returned here last evening from London, and had in ma- ny instances shewn himself inimical to the interest and liberties of the American Colonies, was last evening ap- prehended by some of the militia officers ; that he had thought [it] his duty to have him confined at the guard- house, until he should have the orders of this Congress. That a number of letters which had been taken in custody of the said Speight had been sealed up in a wrapper in presence of the said Speight, and were now delivered into the Congress for their order. Thereupon, Ordered, That Mr. Scott, Mr. Roosevelt and Mr. Gil- bert Livingston, be a committee to open, examine and in- spect all the said letters, and report such of them to this Congress as they shall find relating to public matters, or necessary to be read by this Congress. A petition of the general committee of the city and county of New-York, was read and filed, and is in the words following, to wit : " To the Honble. the Provincial Congress for the Pro- vince of Neiv-York. " The petition of the general committee for the city and county of New-York, Humbly sheweth : " That your petitioners having been informed that a body of troops, from a neighbouring Colony, did lately make their public entry into this city at noonday, and did seize and carry off the types belonging to one of the public printers of this Colony, without any authority from the Continental or this Congress, your petitioners, or any other body having power to grant such authority; and being ap- prehensive that such incursions, should they be repeated, will be productive of many great and evil consequences to the inhabitants of such place into which they may be here- after made ; do, therefore, conceive it highly necessary in the present situation of public affairs, as well for the sake of the internal peace and harmony of each Colony, as for the maintenance of the general union of the Continent, now happily subsisting, and so essential at this juncture, that each of the associated Colonies on the Continent should have the sole management and regulation of its public matters, by its Congress or Committee, unless otherwise directed by the honourable the Continental Congress. " Your petitioners, therefore, do most humbly pray that this honourable house of Delegates would be pleased to take the premises into their consideration, and devise some expedient to prevent, for the future, the inhabitants of any of the neighbouring Colonies coming into this, to direct the public affairs of it, or to destroy the property, or invade the liberty of its inhabitants, without the direction of the Con- tinental or this Congress, or the Committee of Safety, or the committee of the county into which such inhabitants may come, or of the Continental generals, unless there should be an invasion made into this Colony. " And your petitioners shall forever pray, &c. " By order of the Committee. (Signed) " JOHN BROOME, Chairman P. T." The said petition was taken into consideration, and de- bates arose thereon, and after some time spent thereon, Ordered, That Mr. Scott, Mr. Hobart, Mr. Thos. Smith, Mr. Ganscvoort and Mr. Brasher, be a committee to take the said petition into consideration, and report thereon with all convenient speed. It being represented to the Congress that Mr. John Ber- rien, commissary for the commissioners for erecting the fortifications in the Highlands, and one of the said com- missioners, is entirely disinterested in any controversies or difficulties that have arisen or subsisted between the other commissioners and the engineer, and at the same time well acquainted therewith ; that the said John Berrien has also some influence with the other commissioners and with the engineer, and is properly qualified to assist the commit- tee appointed to go up to the said fortifications, to take examinations, and reduce them to writing if necessary ; therefore, Ordered, That Mr. John Berrien be requested to pro- ceed with the committee of this Congress, appointed for that purpose, to the said fortifications in the Highlands, to assist the said committee in taking examinations, and in every other matter relating to the said fortifications, in which they may need his aid and assistance, or find it use- ful. Colo. McDougall informed the Congress that Mr. Ber- nard Romans is in want of cash, and requests an order for a month's pay. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of this Congress, advance to Bernard Romans the sum of 50 dollars, on account of his pay, and take his re- ceipt for the same. The Congress then adjourned to 3 o'clock this afternoon. Die Veneris, 3 ho. P. M. December 8th, 1775. The Congress met pursuant to adjournment. Present — Nathl. Woodhull, Esqr. President. Colo. McDougall, Mr. Thos. Smith, Colo. Brasher, Mr. Beekman, Mr. Scott. Mr. Jno. Van Cortlandt, Mr. Van Zandt, Mr. Ray, Capt. Rutgers, Mr. Sands — For New-York. Mr. Leffertse, Mr. Van Derbilt — Kings county. Colo. Van Rensselaer, Colo. Nicoll, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Albany. Colo. L. Graham, Colo. Jos. Drake, Colo. Gilbt. Drake — West- chester. Mr. Livingston, Mr. Humphreys, Mr. Schenck — Dutchess county. Mr. Cantine — Ulster. Mr. L'hommedieu, Mr. Strong, Mr. Hobart — Suffolk county. Mr. Clowes — For Goshen precinct in Orange county. Ordered, That Doctor John Jones and Doctor Treat be requested to make out, with all convenient speed, a list or estimate of instruments and medicines necessary for the Colony in its present alarming state, and report the same to this Congress. Mr. Hobart, from the committee to examine the Trea- surer's accounts, and to state the sums paid to the Conti- nental troops by this Congress, that the account may be sent to Genl. Schuyler, proceeded to report the sums paid by this Congress to the Continental t#oops ; after having proceeded through a considerable part of the said ac- counts, Ordered, That they be recommitted to the same com- mittee to state and finish the same, and prepare a draft of a letter to General Schuyler to attend the said accounts. Mr. Thomas Smith moved (and was seconded by Mr. James Beekman) that this Congress immediately take into consideration His Excellency Governor Tryon's letter of the fourth inst. addressed to the inhabitants of this Colony, and express the sense of their constituents by the following resolves, vizt : " Resolved, I. That the disturbed state of this Colony owes its origin to the misconduct of the commander-in- chief of His Majesty's forces in America, in proceeding to acts of open hostility against the inhabitants of the Mas- sachusetts Bay at a time when he and all the other Go- vernors on the Continent were possessed of the parliamen- , tary resolutions of the 20th February last, and before the same had been tendered for the consideration of the Colo- nies ; that as that resolution was designed to compose the present ferments in the Provinces, and intended for the basis of an accommodation, it was but reasonable to ex- pect that all hostilities would cease till the result of their determinations was known ; that the news of the attack at Lexington immediately threw this Colony into convulsions, inflamed the minds of the inhabitants, led them to distrust the justice and candour of Government, and filled them with alarming apprehensions that it was the design of [the] administration to force their assent to a requisition of the last importance to them and their posterity with the point of the bayonet ; that the inhabitants of this Colony con- 1 JOURNAL OF THE PROVINCIAL CONGRESS. 211 sidered General Gage's conduct in this instance as not only reflecting the highest dishonour on Government and inju- rious to the character of the British nation, but highly in- sulting and disgraceful to a free people ; and therefore, justly alarmed and incensed by the slaughter of their fel- low subjects, ihey naturally fled to arms for their defence. "Resolved, II. That the inhabitants of this Colony justly boast the most unshaken loyalty to their Sovereign, the warmest attachment to the succession of the crown in the illustrious House of Hanover, the highest veneration for the principles of the revolution, the most tender affection for their brethren in Great Britain and Ireland, and an ardent desire to maintain the ancient union of the two countries on constitutional principles, notwithstanding the unexam- pled severities of the present administration ; that, retain- ing the principle of their ancestors, that allegiance and protection are so inseparably connected that the former cannot exist where the latter is withheld, if any thing has appeared in the conduct of any that would countenance a charge of withholding their allegiance from their Sove- reign, it must be attributed to an apprehension that all pro- tection was withdrawn from them ; that when the present unhappy controversy is settled on equitable principles, which is the sincere wish of every good man, His Majesty will find his American subjects as ready to afford him every mark of their affection and loyalty as they mani- fested before the commencement of the present troubles, unless by the long continuance of this unnatural war, their affection should be stifled by acts of oppression and drowned in blood. " That this Congress conceive it highly necessary and expedient that His Majesty should know the sense of this Colony on the parliamentary resolutions of the 24th Feb- ruary in such a way as His Excellency may conceive to be most constitutional, and they cannot but consider the Governor's address to the inhabitants as a mark of his af- fection to them, and as proceeding from an anxious desire for a re-establishment of that harmony that has been so long interrupted by the misrepresentations and artifices of evil and designing men. " Resolved, IV. That this Congress but express their concern that His Excellency has thought it expedient for his personal safety to withdraw for some time past from the usual place of his residence ; that should he think pro- per to return to this city, which is the sincere wish of the people, this Congress conceive it to be the bounden duty of the inhabitants to protect him both in his person and property." After many debates on the said motion and the resolu- tions thereto annexed, in pursuance of one of the rules of this Congress, at the request of the members of Albany, Ulster and Dutchess counties, Ordered, That the further consideration thereof be post- poned till next Monday. The committee appointed to open and examine all the letters taken from Speight, reported that they had opened and examined all the said letters, that they are of opinion that only two of the said letters contain any such public intelligence as that they should be read in Congress, to wit: a letter from Colo. Maunsell to Peter Van Schaack, and a letter from Miles Cooper to Doctor Auchmuty ; each of the said letters were accordingly read. Ordered, That the Secretaries take a copy of the said letter from Colo. Maunsell to Mr. Van Schaack, and a copy of the letter from Miles Cooper to Doctor Auchmuty, and that all the other letters be sealed by the said commit- tee who examined them, and put them in such way that they may be forwarded agreeable to their respective direc- tions. DIE SABBATI, 10 ho. a. m. December 9th, 1775. Present — Nathaniel Woodhull, Esq. President. Colo. McDougall, Mr. Thos. Smith, Colo. Brasher, Mr. Beekman. Mr. Van Zandt, Mr. Roosevelt, Mr. Ray, Capt. Rutgers, Mr. Sands Mr Scott— For NeuiYork. ' Colo. Nicoll, Colo. Van Rensselaer, Capt. Cuyler, Mr. Bleecker, Mr. Gansevoort — For Albany. Colos. L. Graham, Jos. Drake, Gilbt. Drake — For Westchester. Mr. Clowes — For Goshen in Orange county. Mr. Cantine — For Ulster. Mr. Woodhull, Mr. Hobart, Mr. Strong— For Suffolk. Mr. Leffertse, Mr. Van Derbilt — For Kings. Mr. Humphreys, Mr. Schenck, Mr. G. Livingston — Dutchess. Ordered, That Mr. Van Derbilt be added to the com- mittee for examining the accounts of the Treasurer of this Congress, instead of Mr. Palmer, who is one of the com- mittee ordered to go up to the new fortifications in the Highlands. " A draft of a letter to General Schuyler was read and approved of, and is in the words following, to wit : " In Provincial Congress, } "New-York, Deer. 9th, 1775. * "Sir — Your favours of 7th, 18th and 20th Noverr' came duly to hand, but our not being able to form a Con- gress till the 6th inst. has occasioned their remaining so long unanswered. "Herewith you have enclosed an account of the moneys advanced by us for the payment of the Continental troops. We have frequent applications from discharged soldiers for arrears of pay ; as nothing is mentioned about it in their discharges we are at a loss how to conduct towards them ; we beg you will please to give directions to the proper officers to prevent this inconvenience for the fu- ture. " We receive, with very great satisfaction, your con- gratulations on the glorious success of the Continental army in Canada, and we can assure you that it is much heightened by the consideration that we recommended the generals who have with so much activity and success con- ducted an expedition, which was attended with difficulties thought to be insuperable by those who were acquainted with them. " We have the honour to be, " With very great respect, sir, " Your most obt. hble. servants." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. The account of the moneys advanced to the troops raised in this Colony, enclosed in the said letter, is in the words and figures as below : 1775. £. s . d. July 5. Colo. McDougall, subsistence for the first regi- ment, 300 00 00 Aug. 7. Colo. Clinton, subsistence for his regiment,.. . 1,500 00 00 " Colo. McDougall, " " ... 500 00 09 " Colo.Van Cortlandt, " of Col. Holmes' re- giment, 200 00 00 " Colo. Van Schaick, " of his regiment,. . . 1,000 00 00 Aug 12. Colo. Holmes, " " ... 800 00 00 29. Robert Johnson, of Colo. Clinton's regiment, subsistence for his company, 100 00 00 30. Colo. Holmes, subsistence for his regiment,. . 600 00 00 31. Colo. McDougall, subsistence of Capt. Lamb's company of artillery. 250 00 00 Sept. 2. Major Tuthill, of the 4th regiment, 2 months' subsistence for himself and Job Mulford, adjutant of said regiment, 41 6 g Colo. McDougall, subsistence for his regiment. 500 00 00 4. Colo. McDougall, " " i ; 006 11 1 8. Lieut. Wm. Crane, of Colo. Holmes' regiment, subsistence of his company, 30 00 00 23. Capt. John Hulburt, subsistence for his com- pany 192 15 11 " Capt. John Hulburt, 2 months' subsistence for him and two subalterns, 37 6 8 " Capt. Daniel Griffin, 2 months' subsistence for him and two subalterns 37 6 8 " Capt. Griffin, subsistence for his company, .. . 217 00 1£ 30. Capt. John Grinnel, " " ... 31 1 33 Oct. 2. Andw. Moodie, adjutant of 3d regiment, sub- sistence, 10 00 00 " Colo. McDougall, subsistence of 1st regiment,. 377 1 9 13. Capt. John Grinnell, subsistence his company, 177 13 9 Nov. 2. Colo. Mc Dougall, " his regiment,. 600 00 00 £8,508 3 11' 212 JOURNAL OF THE PROVINCIAL CONGRESS. Mr. Thomas Smith moved and was seconded by Mr. Lef- fertse, in the words following, to wit : I move that a committee be appointed to draft a letter to our Delegates stating the present situation of this Colo- ny, and the sense of this Congress on the measures neces- sary to be taken in the present alarming state of our public affairs. And the same being agreed, nem. con. Ordered, That Mr. Scott, Mr. Hobart, Mr. Thos. Smith, Mr. Gansevoort, Mr. Brasher and Mr. Gilbt. Livingston be a committee for that purpose, and that they report with all convenient speed. James Beekman has leave of absence for the residue of this day. A draft of a letter to the Delegates of this Colony at Continental Congress was read and approved of, and is in the words following, to wit : " New-York, Bee. 9th, 1775. " Gentlemen — It must appear very obvious to you, that this Colony will require a fund to defray such expen- ses as have arisen or may be incurred on its particular ac- count ; the last Congress attentive to this, resolved to emit the sum of £45,000 for that purpose. The bills are now ready for signing, but this Congress are apprehensive that the great variety of paper emissions now in circulation, with the addition of such others as may be emitted may endanger a depreciation, or prevent so extensive a circula- tion as may be necessary to answer the ends for which they were intended. " Those evils they think will be prevented by making all paper money to be issued for the defence of America, whether general or particular, Continental currency. They therefore, request you to take the sense of Congress, whe- ther they will lend this Colony the sum above mentioned, for the sinking of which they are ready to engage the Co- lony. As this money is immediately wanted, and as our bills are ready for signing, we beg you to obtain the deter- mination of the Congress on this matter as speedily as pos- sible, and transmit it to us. " We are, with great truth and regard, " Your very hble. servants, " By order of the Congress. " To the Delegates for the Colony of New- York in Congress, at Philadelphia." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Resolved, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Congress of this Colony, be requested to enter in bond to Nathl. Woodhull, John Van Derbilt, Isaac Roosevelt, Jacob Cuyler and Robert Van Rensselaer, Esqrs. in the sum of twenty thousand pounds, New- York money, with such security as those gentlemen shall approve of, with a condition faithfully to execute the said office of Treasurer and to render accounts of all moneys by him re- ceived, when thereunto required. And, Resolved, That one hundred and fifty pounds per annum, and at the same rate for any longer or shorter time, be al- lowed to him as a salary for his trouble in executing the office of Treasurer, to be computed from the 8th day of July last, on which he was first appointed Treasurer. A draft of a letter (to the committee of Tryon county) was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New- York, 9th Deer. 1775. \ " Gentlemen — The Congress have this day entered into the consideration of your letter of 28th October, and are of opinion that your application to Sir John Johnson, request- ing an answer from him whether he would allow his tenants to form themselves into companies and associate with their brethren of your county, according to the resolves of the Continental Congress, for the defence of our liberties, was improper with respect to him, and loo condescending on your parts, as it was a matter that came properly within your province, and to which we doubt not but you are competent, as you have a line of conduct prescribed to you by Congress. " With respect to your second question to him, whether he would take any active pari in the controversy at present subsisting between Great Britain and her Colonies, we conceive to be very proper, and thank you for your infor- mation on that head. As to the third question, we con- ceive that he can claim no title to the court-house and jail in your county, as we are credibly told that his father, Sir William Johnson, did in his lifetime convey the same to two gentlemen in trust for the use of your county ; how- ever, as an attempt to use the same for the purpose of con- fining persons inimical to our country may be productive of bad consequences, we beg leave to recommend to you to procure some other place which may answer the end of a jail, and give you our advice not to molest Sir John as long as he shall continue inactive and not impede the mea- sures necessary to be carried into execution from being completed. " We are extremely sorry that Mr. White has, by his imprudent conduct, rendered himself justly obnoxious to you. The best advice we can give you in this unhappy affair is, that if you are of opinion that his exercising his office will be dangerous to your liberties and security, that you permit the office to be exercised by his deputy, and that you draw up a petition, get as many persons of your county to sign it as possible, and present it to the Governor of the Colony, setting forth that it is very disagreeable to the people in general that he should execute that office, and praying that he may be displaced, and his place sup- plied by a person who would be acceptable to the people of your county. " We are, most respectfully, gentlemen, " Your most obt. hble. servants. " To Nichs. Herkimer, Esqr. Chairman of the Committee of Tryon county." " P. S. The credentials from your county for Mr. Moore are not yet arrived, though several letters have been for- warded to you for that purpose." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Resolved and ordered, That Messrs. Jacobus Van Zandt, John Van Derbilt and Comfort Sands, be a committee to plan a voyage, or voyages, for at least two or more vessels, to be laden and sent out on account of the Congress of this Colony, and for the benefit of this Colony, to procure am- munition, arms, and such other articles as will be neces- sary for the general defence of this Colony, and to procure proper vessels for that purpose ; and that the said commit- tee report such plan or plans as they shall think proper or propose, with all convenient speed. The day being far advanced, the Congress adjourned till Monday next, at 10 o'clock A. M. DIE LUNLE, 10 ho. a. m. December llth, 1775. The following gentlemen met pursuant to adjournment. Nathl. Woodhull, Esqr. Prest. Colo. McDougall, Colo. Brasher, Mr. Beekman, Mr. Van Zandt, Mr. Roosevelt, Mr. Hallett, Mr. Scott, Mr. Ray, Mr. Sands— For New- York. Colo. Van Rensselaer, Mr. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Albany. Mr. Wynkoop, Mr. Cantine— For Ulster. Mr. G. Livingston — For Dutchess. Colo. L. Graham, Colo. G. Drake — For Westchester. Colo. Woodhull, Mr. Hobart, Mr. Wickham, Mr. David Gelston— For Suffolk. Mr. John Moore— For Tryon. Benjamin Lindsay, attending at the door, in obedience to the order of the late Provincial Congress, when he ob- tained permission to lade his last cargo for Rhode-Island, JOURNAL OF THE PROVINCIAL CONGRESS. 213 sent in a certificate of Governor Cooke, in the words and figures following, to wit : "Providence, December 4th, 1775. "This may certify, that Capt. Benjamin Lindsay has im- ported and landed in Providence, one hundred and twelve barrels of flour, it being the whole quantity that he brought from New-York in the sloop Fly. "NICHS. COOKE, Governor." Benjamin Lindsay also produced a certificate from Go- vernor Cooke, under the seal of the Colony of Rhode- Island, requesting a further supply of provisions, and he was directed to apply therewith to the general committee of the city of New-York. The members of Kings county, and two members of Dutchess county, being by the violence of the wind de- tained on Long island, and without them, or some of them, there is not a sufficient number of members to form a Con- gress, the members present adjourned to 3 o'clock. 3 ho. P. M. December Uth, 1775. The gentlemen above named, who attended this morning, attended again this afternoon, together with Mr. Schenck, for Dutchess county, but for want of another member for Dutchess, or a representation for Kings county, they could not proceed to any material business, which required a full representation. Mr. Elias Nixon, lately returned from Boston, by re- quest attending at the door, was called in, and his infor- mation reduced to writing and filed. The gentlemen present then adjourned till 1 0 o'clock to- morrow morning. DIE MARTIS, 10 ho. a. m. December 12th, 1775. The Congress met pursuant to adjournment. Present— Nathl. Woodhull, Esqr. Prest. Thos Smith, Colo. Brasher, Mr. Van Zandt, Mr. Roosevelt, Mr. Ray, Mr. Rutgers, Mr. Sands, Mr. Scott, Colo. McDougall— For New- York. Colo. L. Graham, Colo. G. Drake, Mr. Stephen Ward— For West- chester. Colo. Van Rensselaer, Capt. Cuyler, Mr. Bleecker, Mr. Gansevoort— For Albany. Mr. Leffertse, Mr. Van Derbilt— For Kings. Mr. Woodhull, Mr. Hobart, Mr. Strong, Mr. Wickham— For Suffolk. Mr. Cantine, Mr. Wynkoop— For Ulster. Mr. Humphreys, Mr. Schenck, Mr. G. Livingston— For Dutchess. Mr. Clowes, Mr. Haring— For Orange. Mr. Moore — For Tryon. John Haring, Esqr. one of the Deputies for Orange county, produced a certificate of Thomas Outwater, Esqr. chairman of the county committee, whereby it is certified, that at a meeting of the freeholders of the town of Orange, in Orange county, at the house of Mr. Jost Mabee, on the 9th day^of Decemr. 1775, it was resolved that John Ha- ring, Peter Clowes, William Allison, Ann Hawke Hay, The'unis Cuyper and Jeremiah Clarke, Esqrs. or any two or more of them, be and are fully authorized to represent the said county of Orange in Provincial Congress of this Colony, now convened in the city of New-York. The same being read and approved, was ordered to be filed ; and Ordered, That Mr. Haring take his seat. And the Congress being well informed that the two other precincts in Orange county have elected the same mem- bers, and agreed that any two members shall represent ihe county, and° that the returns will speedily be sent into Con- gress ; Ordered and Agreed, That Mr. Clowes and Mr. Ha- ring represent Orange county, and be received to give the vote of the county. 54 Mr. John Moore, the Deputy for Tryon county, pro- duced a letter from the committee of Tryon county, bear- ing dale the 7th Novr. last, and signed by Ebenezer Cox, chairman pro tempore, whereby it appears that they had elected two Delegates to represent their county in this Congress ; that by a majority of the votes of the freeholders assembled, the said John Moore and Isaac Paris were elected ; and the said letter also directs him to lay sundry matters before this Congress, whereby it appears to Con- gress that it is the design of the county that Mr. Moore should represent that county until another member arrives. Ordered, That the said letter be filed, and that Mr. Moore take his seat and be received to represent Tryon county. The committee, to whom was referred the petition of the general committee of the city and county of New-York, reported it as their opinion, that a letter should be wrote to the Governor of the Colony of Connecticut, on the subject matter of the said petition ; and they reported a draft of such letter, which was read. And the question being asked whether the Congress will receive the said report, it was agreed to be received, and by order was read a se- cond time. And many debates arose thereon, and amend- ments made and debated on, until the morning is so far elapsed that the further consideration thereof is ordered to be deferred till the afternoon. Mr. Van Zandt, from the committee appointed to plan a voyage, or voyages, for two or more vessels, in order to procure ammunition and other necessaries, reported a plan of a voyage for three vessels to Europe. The same was read, and after some debates thereon the same was recom- mitted to the same committee for reconsideration and amendments. The Congress then adjourned to 3 o'clock P. M. Die Martis, 3 ho. P. M. Deer. \2th, 1775. The Congress met pursuant to adjournment. Present— Nathl. Woodhull, Esqr. Prest. Colo. McDougall, Colo. Brasher, Mr. Scott, Mr. Tho. Smith, Mr. Roosevelt, Mr. Ray, Mr. Sands, Capt. Rutgers, Mr. Van Zandt— For New-York. Colo. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Jllbany. Mr. Wynkoop, Mr. Cantine — For Ulster. Mr. Clowes, Mr. Haring — For Orange. Mr. Humphrey, Mr. Schenck, Mr. G. Livingston — For Dutchess. Colo. G. Drake, Colo. L. Graham, Mr. Ward — For Westchester. Mr. John Moore — For Tryon. Colo. Woodhull, Mr. Strong, Mr. Hobart, Mr. Wickham, Mr. Gelston —For Suffolk. Mr. Leffertse, Mr. Van Derbilt — For Kings. The Congress resumed the consideration of the draft of the letter to the Governor of the Colony of Connecticut, which was reported in the morning by the committee ap- pointed to consider the petition from the city of New-York. After some time spent therein, and many amendments made thereto, the same was again read, and is in the words following, to wit : " In Provincial Congress, ) " New-York, 12th Deer. 1775. J " Sir — It gives us concern that we are under the neces- sity of addressing you on a subject lhat has given great discontent to the inhabitants of the city and county of New- York. We are informed by a petition from the general committee, that a body of troops from your Colony lately made a public entry into this city at noon day, and seized and carried off the types belonging to one of the public printers, without any authority from the Continental or this Congress or their committee ; while we consider this con- duct as an insult offered to this Colony, we are disposed to attribute it to an imprudent though well intended zeal for the public cause, and cannot entertain the most distant thought that your Colony will approve of the measure. It is unnecessary to use arguments to show the impropriety 214 JOURNAL OF THE PROVINCIAL CONGRESS. of a proceeding that has a manifest tendency to interrupt that harmony and union which at present happily subsists throughout, and is so essential to the interest of the whole Continent. It is our earnest desire that you would take the most effectual steps to prevent any of the people of your Colony from entering into this for the like purposes, unless invited by our Provincial Congress, a Committee of Safety, or the general committee of one of our counties, as we cannot but consider such intrusions as an invasion of our essential rights as a distinct Colony; and common jus- tice obliges us to request that you would give orders that all the types be returned to the chairman of the general committee of the city and county of New-York. We beg you will not consider this requisition as an attempt to justify the man from whom the types were taken ; we are fully sensible of his demerits, but we earnestly wish that the glory of the present contest for liberty, may not be sullied by an attempt to restrain the freedom of the press. The same body of troops, we are informed, seized the mayor of the Borough of Westchester, the rector of that parish, and one of the justices of the county, and carried them to your Colony. Mr. Seabury, we are informed, is still detained. If such should be the case, we must en- treat your friendly interposition for his immediate dis- charge ; the more especially as considering his ecclesi- astic character, which, perhaps, is venerated by many friends to liberty, the severity that has been used towards him may be subject to misconstructions prejudicial to the common cause, and the more effectually to restrain such incursions which, if repeated, may be productive of mis- chief of the most serious consequence ; and as we would be exceedingly sorry to give room for jealousies among in- dividuals in your Colony, that we are desirous to damp the spirit of liberty or countenance any of its enemies among us ; we propose to apply to the Continental Con- gress, not by way of complaint, but for such a general regulation on this subject as may as well prevent such jea- lousies, as any future incursions by the inhabitants of either Colony into the other for the apprehending or punishing any enemy or supposed enemy to the cause of liberty, without application to the Congress, the Committee of Safety, or the committee of the county, within the juris- diction of which such persons shall reside or command of the Continental Congress. " We are, sir, with the utmost respect and esteem, " Your mo. obt. servts. " To the Honble. Jona. Trumbull, Gov. of the Colony of Connecticut." And debates arising on the said letter as now amended, and the question being asked whether the said letter is ap- proved of, and shall be ordered to be engrossed and sent, it was carried in the affirmative, in manner, vizt. For the letter being engrossed and sent to Gov. Trumbull. New-York,, 4 Kings, 2 Albany, 3 Ulster, 2 Dutchess, 2 Suffolk, 2 15 Against the letter. Tryon, 2 Westchester, 2 4 Dissentients — Colo. Graham, from Westchester ; Colo. McDougall, Mr. Sands, from New-York. Ordered therefore, That the said letter be engrossed and signed by the President, so as to be ready to be trans- mitted when directed. Mr. Hobart informed the Congress that the chairman of the committee of Huntington reported that the captain of the second company of the first regiment was promoted to a majority, and that the following gentlemen were there- upon elected officers of that company, to wit : Jonathan Titus, captain ; Joshua Rogers, first licut. and Thos. Brush, 2d lieut. And that the chairman of the said committee of Huntington reported that the captain of the 3rd company of the said third regiment had resigned, and that the following gentlemen were elected, to wit : Joel Scudder, capt. ; Nathl. Buffett, first lieut. ; Epenetus Smith, 2nd lieut. ; John Hart, ensign. Ordered, That commissions be issued to those gentle men in the order above named. Col. Hay, from Haverstraw precinct, in Orange coun- ty, produced a certificate of the joint committee of Orange Town and Haverstraw, signed by Thomas Outwater, their chairman, and dated the 7th inst. which being read, is to the following effect : " Orange County — At a meeting of the freeholders and inhabitants of the precinct of Haverstraw, the 7lh day of Novr. ulto. and also at a meeting of the freeholders and in- habitants of Orange Town, the same day, and by several adjournments after, in Orange Town, the following persons were chosen to represent the south part of the said county in particular, and the said county in general, in Provincial Congress of this Colony. In the precinct of Haverstraw, Colo. A. Hawks Hay and Theunis Cuyper, Esqrs. ; and in Orange Town, John Haring, Esqr. and that any one of the said Deputies shall represent the south side of the mountains in the said county in particular. And that any two of the six Deputies chosen in the said county, to repre- sent the said county in general. " That in pursuance thereof, the joint committee of the towns of Orange and Haverstraw, do certify that return to be a sufficient voucher for the said Deputies, as they may severally attend at this Provincial Congress." The same was read and approved of, and ordered to be filed. And Ordered, That Colo. Hay take his seat. Resolved unanimously, That the thanks of this Con- gress be and they are hereby given to those of the inhabi- tants of the Colony of Connecticut, who so cheerfully gave their aid at the request of the committee of West- chester county, in the late suppression of the insurgents in that county against the cause of liberty. Mr. Scott then moved (and was seconded by Mr. Ho- bart,) that the Congress enter into and add a resolution in the words following, to wit : And whereas, Considering the situation of some of the counties in this Colony, aid for the like purposes may often be most conveniently had from a neighbouring Colo- ny or a distant county within this Colony, that the pow- er heretofore given to committees for calling in the assist- ance of a neighbouring county, be extended so far as to enable the county committees respectively to apply for as- sistance from a neighbouring Colony or any county within this Colony. Debates arose on the said motion, and the question be- ing put whether the Congress will add such resolution to the next preceding, it was carried in the affirmative, in the manner following, to wit : For the affirmative. For the negative. Westchester, 2 Kings, 2 Dutchess, 2 Albany, 3 Suffolk, 2 Tryon 2 New-York, 4 Mr. T. Smith and Roose- velt dissenting. Orange, 2 Ulster 2 —19 Ordered, Therefore, that a resolution be entered, in the words following, to wit : And whereas, considering the situation of some of the counties in this Colony, aid for the like purposes may often conveniently be had from a neighboring Colony, or a dis- tant county within this Colony, Resolved, That the power heretofore given to commit- tees for calling in the assistance of a neighboring county be extended so far as to enable the county committees, re- spectively, to apply for assistance to a neighboring Colony, or any county within this Colony. Major Brush, from Huntington, was admitted, and gave JOURNAL OF THE PROVINCIAL CONGRESS. 215 some information of reports of the disaffection of sundry people in Queens county, and of a suspicion that they had about enlisting negroes. A letter from the committee of Dutchess county, dated the 5th inst. was read and filed, and is in the words fol- lowing, to wit : " Gentlemen — Some few days past three men were committed to jail, in consequence of an order from the gene- ral committee of Dutchess county, on a charge of having aided and assisted Peter Harris in enlisting men for the ministerial army. The committee of Poughkeepsie pre- cinct having reason to believe that some further discovery might be made of the pernicious scheme carrying on in this county against the friends of American liberty, as well to procure further evidences against said prisoners, the Chairman issued citations for a number of persons to appear before said committee the 4th inst. on which day most of them appeared, and Mr. Justice Ellis being called in to qualify them, three persons whom the commit- tee deemed the most material witnesses, refused to be sworn and contemned the authority of the committee, say- ing they had taken good counsel so to do. And the com- mittee being of opinion that there are several very officious ministerial agents in this county who have corrupted the minds of many of the ignorant and baser sort of men among us, maliciously telling them the whigs were in rebellion ; the King would conquer them, and their estates be for- feited, and if they take up arms against them the King, for their services, will give them the whigs' possessions : The committee taking these matters into consideration and being of opinion that the denial of their authority is of the last importance ; and not being clear that any particular rule is pointed out by Congress, think it expedient to so- licit their advice in the premises. " We are, gentlemen, " Your most obt. and very hble. servts. " By order of the committee. (Signed,) " SAML. DODGE, Chairman. " Poughkeepsie, Deer. 5th, 1775. <: Provincial Congress, New- York." The same being read and considered, thereupon, Resolved, That if any person or persons, being brought before the committee of any county, town, manor, precinct or district within this Colony, to give in his, her or their evidence on oath, or by affirmation, according to the best of his, her or their knowledge, in any matter or charge within the authority or jurisdiction of such committee, brought against any other person or persons, shall refuse to give his, her or their evidence, respectively, on oath or affirmation, he, she or they so refusing shall be immedi- ately committed lo safe custody, at his, her or their own private expense, there to remain until he, she or they con- sent lo be qualified and give in his, her or their evidence or testimony as aforesaid. Mr. Clowes obtained leave of absence to go to Queens county. The Congress adjourned till to-morrow morning at 10 o'clock. DIE MERCURII, 10 ho. a. m. December ISth, 1775. The Congress met pursuant to adjournment. Present — Kathl. Woodhull, Esqr. President. Mr. Scott, Mr. T. Smith, Col. McDougall, Mr. Roosevelt, Col. Bra- sher, Mr. Beekman, Mr. Ray, Mr. Sands, Capt. Rutgers— For New-York. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort — For Albany. Mr. Cantine, Mr. Wynkoop — For Ulster. Mr. Leffertse, Mr. Van Derbilt— For Kings. Mr. Humphreys, Mr. Schenck, Mr. G. Livingston— For Dutchess. Col. G. Drake, Col. L. Graham, Mr. Ward— For Westchester. Mr. Haring — For Orange. Mr. Jno. Moore— For Tryon. Col. Woodhull, Mr. Strong, Mr. Hobart, Mr. Wickham, Mr. Gelston —For Suffolk. A letter from Gilbert Potter, of Huntington, of the 10th inst. which was read yesterday, was again read, and is in the words following, lo wit : " Huntington, Deer. 10th, 1775. "Sir — This you will receive by Major Brush, who is appointed by the committee of this town to lay before the Congress the state of the town ; and as there is a number of commissions wanted, should be glad they may be sent up by the major, for the following gentlemen, vizt : For the 2d company, Jonathan Titus, capt. ; Joshua Rogers, first lieut. ; Thomas Brush, second lieut. For the 3d com- pany, Joel Scudder, capt. ; Nathl. Buffet, first lieut. ; Epinetus Smith, second lieut. ; John Heart, ensign. And as Mr. Brush is acquainted with [the J state of the town, as to their slackness in military preparations, as also that we have great reason to believe all methods used by our neigh- bours to make them indifferent in this great contest, we not only beg your advice but assistance, for it is my opinion if there is not a sufficient number of men immediately sent lo effectually subdue Queens county and to intimidate the people amongst us, great many from here will soon be in a little better ruffell than the rebels of Queens county, which we have great reason [to believe] is making interest with our slaves and other servants. Sir, I should have wrote to the Prest. but hearing of your not making a House, you will be pleased to communicate this to Con- gress. I would further add, I have exerted myself in my station, but if nothing is done by your House 1 must be obliged lo desist ; but as to myself, as an individual, I am determined to live and die free. "I am, sir, your most hble. servt. (Signed,) " GILBERT POTTER. " To John S. Hoiiart, Esqr. in Provincial Congress." The affidavit of Samuel Nostran and Isaac Loosie of the 3rd inst. was also again read, and is in the words fol- lowing, to wit : "Samuel Nostran and Isaac Loosie deposeth,that on the 30th day of Novr. last they were at Hamstead at the house of John Nostian, who told them, the said deponents, that there was a great quantity of powder at Capt. Richard Hulale's at Rockway, and that he, the said John Nostran, was one that mounted guard over the powder the night be- fore. " The said deponents further saith, that they saw Jacob Nostran, who told them, the said deponents, that there was a great quantity of powder, ball, small arms and some cannon, which came from the Asia man of war, with the lieut. of the man of war and some other officers, and land- ed at Rockway ; and that it was carried to Capt. Hulate's who came from on board the Asia with the said stores, and that he, the said Jacob Nostran, mounted guard over the said military stores the night before. And the said de- ponents further saith, that they were at the house of Isaac Denton, Jr at Rockway, who told them, the said depo- nents, that there was a vast quantity of powder and ball, and a plenty of small arms and some cannon at Capt. Hu- late's, which came from on board the Asia man of war, and that Capt. Hulate and the lieut. of the man of war came with it ; and that he, the said Denton, had some of the powder which cost him nothing, and that whenever they wanted more, they could have it by making applica- tion for it ; and that he, the said Isaac Denton, mounted guard over the said military stores the night before, and that he, the said Denton would fight against the country while he could see a damned whig left. " And the said deponent further saith, that they saw Benjamin Eldred and a number of others who told them much to the same effect. " The said deponents further saith, that on the 2nd inst. they saw William Nostran of Hamstead, who told them, the said deponents, that the captains of the several compa- 216 JOURNAL OF THE PROVINCIAL CONGRESS. nies met at Capt. Hulate's on Thursday last, to take each of them a quantity of powder to distribute in their several companies ; and that they expected a number of people from Connecticut, to land at Huntington and march amongst them ; and that upon the arrival of the Connec- ticut people, they expected intelligence would be given by some person from Huntington to John Hulate, Esqr. and that he, the said John Hulate, would carry intelligence immediately to Hamstead, and that there they would fire a cannon to alarm the country in general to oppose them. " The said deponents further saith, that they saw Wil- liam Nostran and John Smith of Hamstead, who told them that there was a man who belonged on board the Asia, called a gunner, left amongst them to work the cannon. On Monday next they were to meet to agree where to place their cannon. And further saith not. (Signed,) " SAMUEL NOSTRAN, "ISAAC LOOSIE. " Sworn before me, in Huntington, > this 3rd of December, 1775. > (Signed,) " Zophar Platt, "Justice of the Peace." The affidavit of Samuel Nostran of the 11th inst. was also read, and is in the words following, to wit : "Suffolk county, Huntington, Deer. 11th, 1775. " Then Samuel Nostran, yeoman, appearing before me, Jesse Brush, one of His Majesty's justices of the peace for said county, and declaring on oath as follows : that is, Mr. Nostran says, that he was at Hemstead on Thursday, the 30th day of Novr. that John Smith, Isaac Denton and Benjn. Eldert told him that they were informed by the lieut. of the man of war, that there were five thousand of the regular troops expected either from Boston or from home, and that they were to land at Rockway ; and that John Smith further told him, that they kept their fat cattle on that account, and did not sell any expecting a market there at home ; and that the said John Smith had then a considerable quantity of fat cattle by him. (Signed,) " SAMUEL NOSTRAN. " Sworn before me. (Signed,) " Jesse Brush." The Congress then went into the consideration of the said letter and affidavits and the information of Major Brush on the state of Queens county ; and thereupon a motion was made by Mr. Hobart, and seconded, that the Congress come to a determination in the following words, to wit : Whereas this Congress has received information that a number of disaffected persons in Queens county have been supplied with arms and ammunition from on board [the] Asia ship of war, and are arraying themselves in military manner to oppose the measures taken by the United Colo- nies for the defence of their just rights and privileges, and have thrown out many threatening expressions against sun- dry persons in that and the neighbouring counties : Resolved, That it is the opinion of this Congress that such conduct is inimical to the common cause of the Uni- ted Colonies and ought not by any means to be suffered, but that measures should be immediately taken to put a stop to it. Therefore, Ordered, That the inhabitants of said county do appear by a committee before this Congress on Wednesday next, at ten of the clock in the morning, to give satisfaction in the premises. And Ordered, That sundry copies of the above resolution and order be delivered to some of the principal inhabitants in Queens county. Mr Thomas Smith moved, and was seconded by Mr. Leffertse, the said resolve and orders relating to Queens county be turned into a letter, and the question being put thereon it was determined in the negative in manner fol- lowing, to wit : For the negative. For the affirmative. Westchester, 2 Tryon, 2 Dutchess, 2 Albany, 3 Suffolk, 2 Ulster 2 New-York 4 T. Smith dissenting. 15 Ordered, therefore, That the said determination be made a part of the minutes, and that the Secretaries get one hun- dred copies thereof printed, with all possible despatch. The following is one of the printed notices sent pursuant to the order of the Congress, vizt : " In Provincial Congress, ) "New-York, Dec. 12, 1775. 5 " Whereas this Congress has received undoubted in- formation, that a number of disaffected persons in Queen's county, have been supplied with arms and ammunition, from on board the Asia ship of war, and are arraying them- selves in military manner to oppose the measures taking by the United Colonies, for the defence of their just rights and privileges ; " Ordered, That of Jamaica toionship, Captain Benja- min Whitehead, Charles Ardin, Joseph French, Esq. Jo- hannes Polhemus ; Newtown, Nath. Moor, John Moor, senior, Capt. Samuel Hallet, John Moor, junior, Wil- liam Weyman, John Shoals, Jeromus Rapalye ; Flushing- township, John Willet ; Hempstead loivnship, Justice Gil- bert Van Wyck, Daniel Kissam, Esq. Cowneck, Captain Jacob Mott, Thomas Cornell of Rockaway, Gabriel G. Ludlow, Richard Hewlet, Captain Charles Hicks, Doctor Martin, Justice Samuel Clowes ; Oyster-Bay, Justice Tho. Smith, Hog island, Justice John Hewlet, Captain George Weeks, Doctor David Brooks, Justice John Town- send, being charged as principal men among the disaffected in said county, do attend this Congress, at ten o'clock, Tuesday morning next, the 19th inst. to give satisfaction to this Congress in the premises, and that they be protected from any injury or insult during their coming to and return- ing from this Congress." Agreed, That Mr. Van Zandt, Mr. Van Derbilt and Mr. Sands while absent on the business of planning a voy- age and fitting out and lading one or more vessels, be con- sidered in the service of this Congress, and as attending. Ordered, That those members returned to represent the city and county of New-York in this Congress, who have not yet taken their seats, be desired to take their seats on Friday next, or that their seats be declared vacant. And, Ordered, That a copy of the above order be served on Peter V. B. Livingston, Benj. Kissam, Esqr. Messrs. John Morton, Isaac Sears, Gab. W. Ludlow, and that if any of them cannot be found in town, that a copy of the said order be left at the last usual place of abode in this city, of any of those gentlemen who are absent from the city. The Congress adjourned to 3 o'clock, P. M. Die Mercurii, 3 ho. P. M. Deer, mh, 1775. The Congress met pursuant to adjournment. Present — Nalhl. Woodhull, Prest. Mr. Scott, Mr. Van Zandt, Colo. Brasher, Colo. McDougall, Mr. Roosevelt, Mr. Beekman, Mr. Helme, Mr. Sands, Capt. Rutgers, Mr. Ray — For New-York. Colo. Van Rensselaer, Capt. Cuyler, Mr. Bleecker, Mr. Gansevoort — For Jilbany. Mr. Cantine — For Ulster. Mr. G. Livingston, Mr. Humphreys, Mr. Schenck — For Dutchess. Colo. G. Drake, Colo. L. Graham, Mr. Ward— For Westchester. Col. Woodhull, Mr. Strong, Col. Hobart, Mr. Wickham, Mr. Gels- ton, Mr. Tredwell— For Suffolk. Mr. Leffertse — For Kings. Mr. Haring, Col. Hay— For Orange. Mr. John Moore— For Tryon. Ordered, That no person whatsoever do inoculate for the small-pox within this Colony, until the further order of JOURNAL OF THE PROVINCIAL CONGRESS. 217 this Congress, and that the several committees in this Co- lony within their respective districts, carefully observe that there be a punctual compliance with this order. The Congress then resumed the consideration of Mr. Thomas Smith's motion on the 8th inst. and the resolves thereunto annexed, and the same were read through ; and on reading the motion or introduction a second time, Mr. Hobart moved, (and was seconded by Mr. Gil. Livingston,) in the words following, to wit : I move for the following amendment to Mr. Smith's motion, vizt : that after the words " Governor Tryon" the remainder be struck out, and the following be substituted in its stead : — " paper of the fourth inst. containing his sen- timents on the present convulsed state of this country, and addressed to the inhabitants of New-York, and express the sense of the Colony upon the same, in the following resolves :" Resolved, That it is the opinion of this Congress, that none of the people of this Colony have withdrawn their allegiance from His Majesty, or desire to become indepen- dent of the Crown of Great Britain, or to change the ancient form of Government, under which this Colony hath grown up from its infancy to its present stale. Resolved, secondly, That this Colony has, in conjunction with the other United Colonies, taken up arms, not to oppose that just and equal rule to which, by the British Constitution and their respective established forms of go- verrment they were subject, but solely for the defence of their most undoubted rights and privileges, against the arbitrary and tyrannical encroachments of His Majesty's ministers. Resolved, thirdly, That though for the same valuable purpose, this Colony, in conjunction with the other United Colonies, had recourse to the appointment of Committees and Congresses, for the more orderly and effectual redress of their numerous and heavy grievances, yet it is by no means the desire or design of its inhabitants to disuse, much less to oppose or obstruct the ordinary course of government or legislation, but that on the contrary they highly esteem, and will not willingly cede their right of being represented in General Assembly. Resolved, fourthly, That this Congress are of opinion that the neglect to convene the Legislature of the Colony since the last winter session, and the probability that the ordinary season for their sitting will pass without a ses- sion, furnishes at this critical juncture ground of uneasiness to the good people of this Colony. Resolved, fifthly, That it is the opinion of this Congress that there is not the least danger of insult or interruption to either of the branches of the Legislature should an Assem- bly be called, but that on the contrary it would be extreme- ly agreeable to the inhabitants of this Colony, to the end not only that the ordinary business of the country may be despatched, but also that their sense may be expressed, as well by their representatives in Assembly as in Congress, on the present unhappy controversy between Great Britain and the United Colonies. Debates arose on the said motion for an amendment, and after long arguments thereon, and the question put, on Mr. Hobart's motion it was carried in the affirmative, in manner following, to wit : For the affirmative. For the negative. Dutchess, 2 Kings, 2 Tryon, 2 — Westchester, 2 2 New-York, 4 Orange divided. Suffolk, 2 Albany, 3 Capt. Cuyler dissenting. Ulster, 2 17 Resolved and Agreed, That the amendment moved by Mr. Hobart be made to Mr. Smith's motion, and that the 55 amendment moved for by Mr. Hobart, remain for farther consideration. The Congress adjourned to 10 o'clock to-morrow morn- DIE JOVIS, 10 HO. A. M. Decemr. 14th, 1775. The Congress met pursuant to adjournment. Present — Nathl. Woodhull, Esq. President. Mr. Roosevelt, Mr. Beekman, Mr. Ray, Mr. Sands, Col. McDougall, Mr. Scott, Col. Brasher — For New-York. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Albany. Mr. Cantine — For Ulster. Mr. G. Livingston, Mr. Humphreys, Mr. Schenck— For Dutchess. Col. G. Drake, Col. L. Graham, Mr. Ward— .For Westchester. Mr. Jno. Moore — For Tryon. Mr. Van Derbilt— For Kings. Col. Hay, Mr. Haring — For Orange. Col. Woodhull, Mr. Hobart, Mr. Strong, Mr. Wickham, Mr. Tred- well, Mr. Gelston — For Suffolk. Colo. McDougall informed the Congress that Captain Ledyard, with his company, (which is incomplete,) is in New- York, and has been of use in sundry duties here since he came down from the fort in the Highlands, and request- ed the opinion of this Congress, whether he should send him with his company up to the fort, or detain him here. Thereupon, Ordered, That Col. McDougall detain Capt. Ledyard here, or give him such other directions as he shall think proper. Mr. Hobart on application obtained leave of absence, the county of Suffolk having a representative without him. A letter from Colo. Mulford, dated the 9th inst. mention- ing the places appointed for the rendezvous of his regiment, was read and filed. The Congress then resumed the consideration of the amendments to Mr. Smith's motion of the 8th inst. which were moved for, and are contained in Mr. Hobart's motion of yesterday, and the same were read, and being read, pa- ragrah by paragraph, the first paragraph being read, is in the words following, to wit : Resolved, That it is the opinion of this Congress, that none of the people of this Colony have withdrawn their al- legiance from His Majesty, or desire to become indepen- dent of the Crown of Great Britain, or to change the ancient form of Government, under which this Colony hath grown up from its infancy to its present state. The second paragraph being read, is in the words fol- lowing to wit : Resolved secondly, That this Colony has, in conjunction with the other United Colonies, taken up arms, not to oppose that just and equal rule to which, by the British Constitution and their respective established forms of go- vernment, they were subject, but solely for the defence of their most undoubted rights and privileges, against the ar- bitrary and tyrannical encroachments of His Majesty's ministers. Mr. Roosevelt then moved (and was seconded,) for the following amendment, to wit: that all that part of the first proposed resolution which is from the word Majesty to the end, and also, the whole of the proposed 2nd resolution, be obliterated, and the following substituted in its stead, to wit : " Resolved, secondly, That the supposed present ' tur- bulent state' of this Colony, arises not from the want of a proper attachment to our Prince, and the establishment in the illustrious House of Hanover, nor from a desire to be- come independent of the British Crown, or a spirit of op- position to that just and equal rule to which, by the British Constitution, and our ancient and established form of go- vernment, to which we are subject, but solely from the 218 JOURNAL OF THE PROVINCIAL CONGRESS. inroads made on both by oppressive acts of the British Parliament, devised for enslaving His Majesty's liege sub- jects in the American Colonies, and the hostile attempts of the ministry to carry those acts into execution." And the same being read a second time, was unanimous- ly agreed to, and ordered accordingly. Therefore, Resolved unanimously, That it is the opinion of this Congress, that none of the good people of this Colony, have withdrawn their allegiance from His Majesty. Resolved, secondly, That the supposed present turbu- lent state of this Colony, arises not from the want of a pro- per attachment to our Prince, and the establishment in the illustrious house of Hanover, nor from a desire to become in- dependent of the British Crown, or " a spirit of opposition" to that just and equal rule to which by the British Con- stitution, and our ancient and established form of Govern- ment we are subject, but solely from the inroads made on both by appressive acts of the British Parliament, devised for enslaving His Majesty's liege subjects in the American Colonies, and the hostile attempts of the ministry to carry those acts into execution. The 3rd paragraph being read, is in the words following, to wit : Resolved, thirdly, That though " for the same valuable purposes," this Colony in conjunction with the other United Colonies had recourse to the appointment of " commit- tees" and " Congresses" for the more orderly and effec- tual redress of their numerous grievances, yet it is by no means the desire or design of its inhabitants to disuse, much less to oppose or obstruct the ordinary course of go- vernment or legislation, but that " on the contrary" they highly esteem and " will not willingly cede" their right of being represented in General Assembly. Mr. Scott moved and was seconded, that the words "for the same valuable purposes" and the words "government or" be obliterated, and the words " and Congresses" trans- posed and placed before the word committees, and the same was unanimously agreed to, and ordered accordingly. Colo. McDougall then moved and was seconded by Mr. Sands, that the words " on the contrary" and the words " will not willingly cede" be obliterated, and the same was unanimously agreed to, and ordered accordingly. The said third proposed resolution as thus amended was again read and agreed to nem. con. Therefore, Resolved, thirdly, That though this Colony in conjunc- ture with the other United Colonies has had recourse to the appointment of Congresses and committees for the more orderly and effectual redress of their numerous and heavy grievances, yet it is by no means the desire or design of its inhabitants to disuse, much less to oppose or obstruct the ordinary course of legislation, but that they highly es- teem their right of being represented in General Assembly. The fourth proposed resolution being read, Mr. Hobart moved and was seconded, that the whole fourth paragraph be expunged. The same was unanimously agreed to, and ordered accordingly. The fifth proposed resolution being read, is in the words following, to wit : Resolved,, fifthly, That it is the opinion of this Con- gress that there is not the least danger of insult or interrup- tion to either of the branches of the legislation, should an Assembly be called, but that on the contrary it would be extremely agreeable to the inhabitants of this Colony to the end, not only that the ordinary business of the country may be despatched, but also that their sense may be ex- pressed as well by their representatives in Assembly as in Congress, on the present unhappy controversy between Great Britain and the United Colonies. Mr. Haring moved and was seconded by Mr. Sands, for the following amendment, to wit: that all that part of the fifth paragraph which follows the word " called" be obliterated. Debates arose on the amendment moved by Mr. Haring, and the question being put thereon it was carried in the affirmative, in the manner following, to wit : For the affirmative. For the negative. Ulster, 2 Kings, 2 New-York, 4 Mr. Roosevelt dissenting. Westchester, 2 Orange, 2 Tryon, 2 Dutchess, 2 Suffolk, 2 Albany, 3 19 Ordered, Therefore that that part of the fifth paragraph which follows the word " called" be obliterated. Mr. Sands then moved and was seconded, that the re- mainder of the said fifth resolution, to wit, from the be- ginning thereof to the end of the word " called" be obli- terated ; and debates arising thereon, and the question put thereon, it was carried in the affirmative, in manner follow- ing, to wit: For the affirmative. For the negative. Dutchess 2 Kings, 2 Orange, 2 Westchester, 2 Ulster, 2 Tryon, 2 Suffolk, 2 New-York, 4 Albany, 3 19 Ordered, therefore, That the remainder of the said fifth paragraph, to wit, from the beginning thereof to the end of the word called, be obliterated. The Congress then adjourned till 3 o'clock P. M. Die Jovis, 3 ho. P. M. December \Ath, 1775. The Congress met pursuant to adjournment. Present— Nathl. Woodhull, Esqr. President. Col. Brasher, Mr. Beekman, Mr. Roosevelt, Mr. Scott, Col McDou- gall, Mr. Ray, Mr. Sands— For New-York. Col. Van Rensselaer, Capt. Cuyler, Mr. Bleecker, Mr. Gansevoort— For Albany. Mr. J. Moore— For Tryon. Mr. Van Derbilt— For Kings. Col. G. Drake, Col. L. Graham, Mr. Ward— For Westchester. Mr. Wynkoop, Mr. Cantine— For Ulster. Mr. G. Livingston, Mr. Humphreys, Mr. Schenck— For Dutchess. Col. Hay, Mr Haring — For Orange. Col. Woodhull, Mr. Wickham, Mr. Hobart, Mr. Strong, Mr Tred well, Mr. Gelston— For Suffolk. A letter from John Jay, Esqr. dated the 26th Novemr. last, was read and filed, and is in the words following, to wit : " Sir — I have the honour of transmitting to you the en- closed resolutions of Congress, relative to the island of Bermuda. " We have not yet had the pleasure of hearing that you had made a House, and are not without some anxiety on that head. " In a few days we shall write to you collectively, and should be glad frequently to be informed of the state of the Province. " The New-England exploit is much talked of, and con- jectures are numerous as to the part the Convention will take relative to it ; some consider it as an ill compliment to the Government of the Province, and prophesy that you have too much christian meekness to take any notice of it. For my own part, I don't approve of the feat, and think it neither argues much wisdom or much bravery ; at any rate if it was to have been done, I wish our own people", and not strangers, had taken the liberty of doing it. " I confess I am not a little jealous of the honour of the Province, and am persuaded that its reputation can not be maintained without some little spirit being mingled with its prudence. I am, sir, with respect and esteem, " Your mo. obt. servt. (Signed) "JOHN JAY. " Phila. 26th Novr. 1775. " To Colo. Natiil. Woodhull, at New-York." JOURNAL OF THE PROVINCIAL CONGRESS. The resolutions of the Continental Congress of the 22d Novr. relative to the island of Bermuda, and therein en- closed were also read and filed, and are in the words fol- lowing, to wit : " In Congress, November 22d, 1775. " The Congress resumed the consideration of the report from the committee of the whole, and the same was agreed to, as follows : " The committee of the whole House, to whom was re- ferred the several petitions from the island of Bermuda, representing the distress to which they are exposed by the non-exportation agreement, and praying to be relieved in such manner as the Congress may deem consistent with the safety of America, report that they have considered the same, and thereupon come to the following resolutions : " That the inhabitants of the island of Bermuda appear friendly to the cause of America, and ought to be supplied with such and so great a quantity of the produce of the Co- lonies, as may be necessary for their subsistence and home consumption ; that, in the opinion of this committee, they will annually require, for the purposes aforesaid, 72,000 bushels of Indian corn, 2,000 barrels of bread or flour, 2,100 bushels of peas or beans, 300 tierces of rice, and that they be permitted to export the same yearly. " That the said inhabitants ought to pay for the above annual allowance in salt, but it is not the design of this re- solution to exclude them from the privilege of receiving American produce to any amount, in exchange for arms, ammunition, saltpetre, sulphur and field pieces, agreeable with resolutions of Congress, passed the 15th of July last. " That, to enable such of these Colonies as can conve- niently furnish the said island of Bermuda with the above mentioned annual allowance, to divide whatever advanta- ges may result therefrom in proportion to their respective shares of the general expense, it is further the opinion of this committee, " That the Colony of South Carolina supply them with 300 tierces of rice ; " That the Colony of North Carolina supply them with 16,000 bushels of Indian corn, and 468 bushels of peas or beans ; " That the Colony of Virginia supply them with 36,000 bushels of Indian corn, and 1,050 bushels of peas or beans ; " That the Colony of Maryland supply them with 20,000 bushels of Indian corn, and 582 bushels of peas or beans ; " That the Colony of Pennsylvania supply them with 1,200 barrels of flour or bread, and 600 barrels of beef or pork ; " That the Colony of New-York supply them with 800 barrels of flour or bread, and 400 barrels of beef or pork. " That the conventions or committees of supply of the above mentioned Colonies ought to superintend the expor- tation, provide against fraud, and take care that in exchang- ing the said commodities of salt and provisions, no undue advantage be taken by cither party of their mutual wants ; and further that no vessel employed in the business ought to load without their permission; and that when they shall, in pursuance of these resolutions, permit any of the said vessels to load, they do give notice thereof to the commit- tee of inspection of the county, city or town, where such vessel shall load, and inform ihem that the same is done under the authority and by order of this Congress. " That these resolutions ought to be kept as private as the execution of them will admit ; that they should be transmitted to the several Conventions, Assemblies or Com- mittees of Safely of the United Colonies, and to the island of Bermuda ; and that the inhabitants of the latter be in- formed that the Congress will afford them other necessa- ries (such as lumber, soap and candles) whenever the quality and quantity of each of those articles used in the island shall be ascertained. " That Edward Stiles be permitted, under the direction 219 of the Committee of Safety of the Colony of Pennsylvania, to send the brig Sea Nymph, Saml. Stobel, master, with 4,000 bushels of Indian corn, 300 barrels of flour, 100 bar- rels of bread, 20 barrels of pork, 8 barrels of beef, 30 boxes of soap, and 15 barrels of apples, to Bermuda, for the immediate supply of the inhabitants ; and that the said cargo be considered as part of the annual allowance afore- said, for the year ensuing. " Extract from the minutes. (Signed) " CHAS. THOMSON, Secy." Mr. Scott moved, and was seconded, that a resolution be entered into in the words following, and added to those agreed on this forenoon, to wit : Resolved, nevertheless, That it is the opinion of this Congress, that nothing of a salutary nature can be expect- ed from a separate declaration of the sense of this Colony on the resolution of the House of Commons on the 20th February last, and that as the motion whereon the same was grounded, was confessedly framed to disunite the Co- lonies, it would be highly dangerous to, and totally incon- sistent with the glorious plan of American union, should this Colony express their separate sense on the above men- tioned supposed conciliatory proposal on the part of Great Britain. Debates arose on the said motion, and the question put thereon, it was carried in the affirmative in manner follow- ing, to wit : For the affirmative. Orange divided. Dutchess, 2 Mr. Haring for the affirmative. New- York, 4 Colo. Hay for the negative. Mr. Roosevelt dissenting. Ulster 2 Westchester, 2 Tryon, 2 Albany, 3 Capt. Cuyler dissenting. Suffolk, 2 17 Therefore Resolved, nevertheless, That it is the opinion of this Congress, that nothing of a salutary nature can be expected from a separate declaration of the sense of this Colony on the resolution of the House of Commons of the 20th February last, and that as the motion whereon the same was grounded, was confessedly framed to disunite the Colonies, it would be highly dangerous to, and totally inconsistent with the glorious plan of American union, should this Colony express their separate sense on the above mentioned supposed conciliatory proposal on the part of Great Britain. Colo. McDougall moved, and was seconded, that are- solution be entered into [in] the words following, to wit : Resolved, That it is the opinion of this Congress, that this Colony is fully and effectually represented in the Con- tinental Congress for the purpose of expressing the sense of its inhabitants on any overtures for a reconciliation, and that the Continental Congress has fully and dispassionate- ly expressed the sense of the inhabitants of this Colony on the above mentioned resolution of the 20th of February last. Debates arose on the said motion, and the question being put thereon it was carried in the affirmative by all the counties present. Mr. Roosevelt dissenting against the vote of New- York and Capt. Cuyler against the county of Albany. Therefore, Resolved, That it is the opinion of this Congress that this Colony is fully and effectually represented in the Con- tinental Congress for the purpose of expressing the sense of its inhabitants on any overtures for a reconciliation, and that the Continental Congress has fully and dispassionately expressed the sense of the inhabitants of this Colony on the above mentioned resolution of the 20th February last. Several citizens at the door to give information of sun- dry matters to the Congress were admitted. They inform- ed the Congress that they had discovered a parcel of sheep, swine and poultry at Myford's tavern at one of the 220 JOURNAL OF THE PROVINCIAL CONGRESS. ferrys, which they have reason to believe is intended for His Majesty's ship Asia, or for being shipped "and exported contrary to the resolutions of the Continental and of this Provincial Congress ; and that they had apprehended there three very suspicious persons with many memorandums about them relating to their being on board the ship Asia. Thereupon a warrant was made to Major Malcom in the words following, to wit : Whereas, Information has been given to this Congress that a number of sheep, hogs and poultry are in the house, barn and inclosures of John Myford, innkeeper at one of the ferries in Brooklyn, and intended to be shipped and ex- ported contrary to the resolutions of the Continental and of this Congress : Ordered, That Major Malcom, with such guard as he may think necessary, proceed to the said John Myford's, and take and secure the said stock in such manner as he may think most safe, and that he apprehend the said John Myford and keep him in safe custody, and report his pro- ceedings in the premises to Congress to-morrow morning. Ordered, That the five resolutions of this Congress made and entered into as amendments to Mr. Smith's mo- tion, and on the consideration of Gov. Tryon's paper of the fourth inst. be fairly engrossed together and brought to the Congress to-morrow morning. The Congress then adjourned till 10 o'clock to-morrow morning. DIE VENERIS, 10 ho. a. m. Deer. 15th, 1775. The Congress met pursuant to adjournment. Present — Nathl. Woodhull, Esqr. President. Mr. Beekman, Mr. Van Zandt, Mr. Imlay, Col. McDougall, Mr. Sands, Mr. Ray, Col. Brasher, Mr. Roosevelt, Mr. Scott— For New- York. Col Van Rensselaer, Capt. Cuyler, Capt. Bleecker, Mr. Gansevoort — For Albany. Mr. Wynkoop, Mr. Cantine — For Ulster. Mr. Jno. Moore— For Tryon. Col. G. Drake, Col. L. Graham, Mr. Ward— For Westchester. Col. Woodhull, Mr Hobart, Mr. Tredwell, Capt. Wickham, Mr. Gelston— For Suffolk. Mr. Van Derbilt, Mr. Covenhoven — For Kings. Mr. G. Livingston, Mr. Humphrey, Mr. Schenck — For Dutchess. Mr. Haring— For Orange. The engrossed copy of the five resolutions of yesterday made and entered into as amendments of Mr. Smith's mo- tion, and on the consideration of Mr. Tryon's publication of the 4th inst. were read and ordered that they be pub- lished. Mr. Van Zandt. Mr. Roosevelt, Mr. Van Derbilt, Mr. Beekman, Mr. Covenhoven and Capt. Cuyler, dissent to the two last resolutions, and dissent to the publication of any of the said resolutions. Major Malcom attending at the door was admitted. Ma- jor Malcom delivered in his report in writing, of his pro- ceedings on the warrant issued to him yesterday evening, which was read and filed, and is in the words following, to wit : " In obedience to the order of Congress last night, I went with a party of men in two boats to the house of John Myford, for whom we made a strict search, but found him not. I found 8 sheep, which, as it was difficult to bring over the river, I gave in charge to Capt. Seabring of the light horse, and herewith deliver his receipt for them. There were two men, Hunt and Oakley, from Eastchester in the house, who refused giving any account of them- selves, and being in a suspicious house, I brought them to town prisoners. The Delegates from Westchester, Messrs. Drake and Ward answered for their appearance at 5 o'clock this afternoon, when, if the Congress think proper, they shall be brought up for examination. (Signed,) " WILLIAM MALCOM. " To the Honbl. the Provincial Congress, Colony of New-York." He also delivered in the receipt of Isaac I. Sebring, an officer of the light horse, which was read and filed. Ordered, That the Deputies of Westchester county be a committee to examine the persons taken by Major Mal- com, on oath, and to liberate them, or order them into con- finement, as they may think proper. The memorial of John Norberg, Esqr. together with the several certificates attending the same, were read, and the memorial and certificate of B. Romans were filed. It ap- pearing thereby to this Congress that Capt. Norberg is in such a slate of health as that tenderness and humanity to him demand our consent to his going to Great Britain for the restoration of his impaired constitution ; and it also appearing to the Congress that Capt. Norberg has with the strictest honour behaved towards the inhabitants of the American Colonies as a soldier and a gentleman : Resolved, That Capt. Norberg be permitted to go to Great Britain with all or any such of his effects as he may choose to remove ; and it is hereby recommended to all persons in this Colony not to interrupt Capt. Norberg in his removal with his said effects. Colo. McDougall moved, and was seconded by Capt. Cuyler, that each of the Delegates who have represented this Colony, and now represent it in Continental Con- gress, be allowed for his services in his quality of Dele- gate, five dollars per day, for each day he shall have been or may be from his place of abode on the public service. Mr. Hobart moved, and was seconded by Mr. Strong, for the following amendment to Colo. McDougall's motion, to wit : that the words Jive dollars be obliterated, and the words three dollars inserted. Debates arose on the said proposed amendment, and the question being put thereon, it was carried in the nega- tive, in manner following, to wit : For the affirmative, or amendment. For the negative, or against the amendment. Suffolk, 2 Dutchess, 2 Ulster, 2 Albany, 3 Kings, 2 New-York, 4 Tryon, 2 Westchester, 2 Orange, 2 — — 11 10 Ordered, therefore, That the said proposed amendment be rejected. Mr. John Moore then moved, and was seconded by Mr. Humphreys, for the following amendment to Colo. Mc- Dougall's motion, to wit : that the words Jive dollars be obliterated, and the words Jour dollars inserted in its stead. Debates arose on the last proposed amendment, and the question being put thereon, it [was] carried in the affirma- tive in the manner following, to wit : For the affirmative. Kings, 2 Westchester, 2 Dutchess, 2 Ulster, 2 7 Suffolk, 2 Orange, 2 Tryon, 2 14 Resolved, therefore, That each of the Delegates who have represented this Colony, and now represent it in Con- tinental Congress, be allowed for his services, in his qua- lity of Delegate, Jour dollars per day for eacli day he shall have been or may be from his usual place of abode on that service. And Ordered, That Peter Van B. Livingston, Esqr. as Trea- surer of this Congress, or the Treasurer for the time be- ing, be directed, and he is hereby directed and authorized to pay unto each of the Delegates who represented this Colony at the late Continental Congress, and to each of the Delegates of this Colony, for the time being, or his legal representatives, four dollars per day, for every day that he hath been or shall be from his usual place of abode on that service. For the negative. New-York, 4 Albany, 3 JOURNAL OF THE PROVINCIAL CONGRESS. 221 Die Veneris, 3 ho. P. M. Deer. 15th, 1775. The Congress met pursuant to adjournment. Present — Nathl. Woodhull, Esqr. Prest. Col. McDougall, Mr. Beekman, Col. Brasher, Mr. Ray, Mr. Sands, Mr. Scott, Mr. Van Zandt, Mr. Iralay— For New-York. Mr. Covenhoven — For Kings. Capt. Bleecker, Mr. Gansevoort, Col. Van Rensselaer, Capt. Cuyler — For Albany. Mr. G. Livingston, Mr. Humphrey, Mr. Schenck— For Dutchess. Mr. Canton, Mr. Wynkoop — For Ulster. Col. G. Drake, Col. Graham, Mr. Ward— For Westchester. Mr. Moore— For Tryon. Col. Woodhull, Mr. Hobart, Capt. Wickham, Mr. Tredwell, Mr. Gelston— For Suffolk. Mr. Haring, Col. Hay— For Orange. A letter from Mr. John Dennis, of the city of New- Brunswick, dated Novr. 28th, 1775, was read, and is in the words following, to wit : " City of New-Brunswick, Novr. 28ih, 1775. " Sir — By your orders, received by Abraham Clark, I sent you 6 quarter casks of powder, which was all I could collect ; the persons I had it from are impatient, and beg the powder may be returned, as our inhabitants are desti- tute of that article. Your assistance will be duly acknow- ledged by " Your obt. humble servt. (Signed,) " JOHN DENNIS. " To Peter V. B. Livingston, Esqr. at New- York. 1 ' William Sutton, Esqr. of Westchester, attending at the door, was admitted, and informed the Congress that he has been obliged, for fear of injuries, to leave his place of abode, and made the requests and engagements contained in a pro- tection given to him, which is in the words following, to wit : " William Sutton, Esqr. of Westchester county, now ap- pears before this Congress and requests protection to return to his house, and engages to apply to and deliver himself up to the committee of the county of Westchester at their next meeting, and at any other time when they shall send for him, to answer all such charges as may be made against him, and abide the judgment and determination of the said committee ; and Mr. Joseph Bull, now present, engages that the said William Sutton shall go to Westchester county and deliver himself up to the said committee at their next meeting. Therefore, " Ordered, That the said William Sutton be permitted to return to his house in safety, and submit himself to the committee of Westchester county, and that in the interim his boat be considered as under the protection of this Con- gress." The agreement made and entered into between Colo. Alexr. McDougall and Peter T. Curtenius, on behalf of the Provincial Congress of the one part, and Cornelius Atherton of the other part, on the 23d Novr. last, for the making of muskets and bayonets, was read and filed, and is in the words following, to wit : " November 23d, 1775. " Articles of agreement made, agreed to and concluded by and between Colo. Alexr. McDougall and Peter T. Cur- tenius, of the city of New-York, by and on behalf of the Provincial Congress of the Colony of New-York, of the one part, and Corns. Atherton, of Amenia precinct, in Dutchess county, gunsmith, of the other part. " Witnesseth, That the said parties, for the conside- rations hereinafter mentioned, have covenanted and agreed together in manner following : that is to say — "First. The said Corns. Atherton, in consideration of the sum of sixty pounds, lawful money of New-York, now advanced to him ; and in farther consideration of the cove- nants and agreements of the said parties of the second part herein contained, doth for himself, his executors and admi- nistrators, covenant, grant and agree, to and with the said Alexr. McDougall and Peter T. Curtenius, jointly and se- 56 verally, and to and with the survivor of them, and the exe- cutors and administrators of such survivor, that he, the said Corns. Atherton, his executors or administrators, shall and will, with the utmost diligence, make, finish and deliver to the said Alexr. McDougall and Peter T. Curtenius, or their order, as many good muskets and bayonets as he shall be able to make and finish, on or before the first day of May next ; and that he, the said Corns. Atherton, his exe- cutors or administrators, shall and will, on or before the first day of April next, deliver to the said Alexr. McDou- gall and Peter T. Curtenius, at least two hundred good and well finished muskets and bayonets ; that the barrel of each of the said muskets shall be 3 feet 6 inches in length, and the bore three-fourth parts of an inch in diameter, and that each of the said barrels shall be made of the best iron for that purpose, and of full proof, and be well and fully proved before they shall be stocked ; that the stocks shall be made of good wood, and finished in a neat and work- manlike manner ; that the locks shall be of the best quality, the muskets brass mounted, and furnished with good steel ramrods, and the muskets finished like the pattern delivered to the said Cornelius ; that the blade of each bayonet shall be 18 inches in length from the shoulder, the bayonet to be made in the best manner, with a good bayonet sheath ; that each of the said muskets shall be marked as follows : ' Co. N. York,' and delivered, at the price of £3 14s. Od. current money of New-York, for each musket and bayonet, steel ramrod and bayonet sheath, mounted, finished and deliver- ed as aforesaid. And the said Alexr. McDougall and Pe- ter T. Curtenius, for themselves, their executors and ad- ministrators, do covenant, grant and agree, to and with the said Corns. Atherton, his executors and administrators, that as soon as the said Corns, shall deliver, or cause to be delivered to them, good securities for the sum of £350, to be repaid in such muskets and bayonets as aforesaid, at the price before mentioned ; or on failure of the delivery of the said muskets and bayonets before the 1st day of April next, then the sum in arrear to be repaid in money ; that they, the said Alexr. McDougall and Peter T. Curtenius, will advance to the said Corns. Atherton, the farther sum of two hundred and ninety pounds, in addition to the sum of £60, now advanced to him, to enable him to carry on the business of making and finishing the said muskets and bayonets ; and also, that they, the said parties of the se- cond part, will allow to the said Corns. Atherton, his exe- cutors or administrators, the price of £3 14s. Od. for each such musket and bayonet, with a steel ramrod and sheath, finished in manner aforesaid, as he shall deliver to them on or before the 1st day of May next, and pay him for the same, whatever sum the price of such muskets and bayo- nets shall exceed the sum of £350. " In witness whereof, the said parties to these presents have to these presents interchangeably set their hands and seals, the day and year on this indenture first written ; and the said Corns. Atherton agrees to put swivels to the said muskets. (Signed,) " CORNS. ATHERTON. [l. s.] " Sealed and delivered in the presence of us, on this 23d day of Novr. 1775. The 18th line of this page being mostly struck out with a pen and left an entire blank line. (Signed,) " Robt. Benson, " John McKesson. " Received of Comfort Sands, of the city of New-York, merchant, by order of, and on account of, the Provincial Congress, and on account and at the request of Alexr. Mc- Dougall and Peter T. Curtenius, the sum of sixty pounds, mentioned in the preceeding indenture. November 23rd, 1775. (Signed,) "CORNS. ATHERTON." Thereupon Resolved, That this Congress fully approves of the said contract made on their account, and declare they think it a beneficial contract, and made and in pursu- 222 JOURNAL OF THE PROVINCIAL CONGRESS. ance of the order of the Continental Congress, and that they take the contract on account and risk of the Congress of this Colony. And Ordered, That the Treasurer of this Congress advance and pay to Colo. McDougall and Peter T. Curtenius, or their order, the sum of £350, agreed to be advanced to the said Corns. Atherton, as soon as the said Corns, shall have given such security as is mentioned in the said con- tract. The Congress proceeded to the business appointed for this afternoon, to wit, the appointing a Committee of Safety for this Colony, and limiting their powers, and Mr. Scott and Mr. Hobart, who were named a committee for that purpose, reported a draft of powers for a Committee of Safety, which were read, amended and approved of, and many additional powers to the said Committee of Safety were moved for and approved of, agreed to and add- ed thereto. The Congress then proceeded to name and appoint the members of the said Committee of Safety. Thereupon, Mr. Gansevoort moved (and was seconded by Mr. Van Rensselaer) for the sense of Congress, whether one of the Deputies of the county of Albany, now present, may be permitted to serve as a member in the Committee of "Safety until one other Deputy of the said county shall relieve him, the said Deputy who shall come to relieve the other to continue as the member of said Committee until the Congress shall meet again ? The question being put on said motion, it was carried in the negative. The Congress then named and appointed Col. Alexr. McDougall, John Morin Scott, William Allison, Peter R. Livingston, Morris Graham, Abraham Brasher, John Lef- fertse, Comfort Sands, James Beekman, John Imlay, Pierre Van Cortlandt and Samuel Brewster to be a Com- mittee of Safety, and any seven or more of them to be a quorum. Ordered, That the said powers of the Committee of Safety, as now agreed to and resolved on, be considered as perfect powers to the said Committee so far as they are agreed to, and that they be engrossed, and taken up for further additional powers if necessary to-morrow morning. Ordered, That this Congress, to-morrow morning, take into consideration the state of the Provincial currency or- dered to be issued by the late Provincial Congress. Colo. Woodhull obtained leave of absence, the county of Suffolk being represented without him. DIE SABBATI, 10 ho. a. m. Deer. 16th, 1775. The Congress met pursuant to adjournment. Present — Col. McDougall, Col. Brasher, Mr. Beekman, Mr. Van Zandt, Mr. Roosevelt, Mr. Ray, Mr. Sands, Mr. Imlay— .For New- York. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Capt. Bleecker — For Jllbany. Mr. Wyncoop, Mr. Cantine — For Ulster. Mr. G. Livingston, Mr. Humphrey, Mr. Schenck — For Dutchess. Col. Graham, Col. G. Drake, Mr. Ward— For Westchester. Mr. Haring, Col. Hay — For Orange. Mr. Tredwell, Mr. Wickham, Mr. Gelston— For Suffolk. Mr. Moore — For Tryon. John Haring, Esq. was unanimously elected President pro tern. The members of Westchester county reported that they had examined Benjamin Hunt on oath, and had his depo- sition taken before Alderman Blagge, which was read. Ordered, That the said deposition be delivered to the Deputies of Westchester county to be delivered to the committee of Westchester county. The Congress then resumed the consideration of the powers to the Committee of Safety ; the same was read and amended, with some additions thereto, and fully agreed to and resolved on, are ordered to be entered, and are in the words following, to wit : " Resolved, That the following members of this Con- gress, to wit : Col. Alexr. McDougall, John Morin Scott, Jeremiah Clarke,* Peter R. Livingston, Morris Graham, Abm. Brasher, John Leffertse, Comfort Sands, Thomas Tredwell, John Imlay, Pierre Van Cortlandt and Samuel Brewster be, and hereby are, constituted and appointed a Committee of Safely, whereof seven shall be a sufficient quorum, with the following power and authority, and under the following regulations, to wit : " 1st. A standing power to grant all commissions in the militia of this Colony, subject to the regulations thereof, as established by the Provincial Congress. " 2d. Power during the recess of this Congress, in case of any alarm, insurrection or invasion, or where any mat- ter or thing, for the executing whereof military force shall or may be necessary, to order and direct the militia of the Colony or any part thereof, subject nevertheless to the controul of this and the Continental Congress. " 3d. The like power, during such recess from time to time in such cases as are last mentioned, to order and di- rect any of the Continental forces that shall be within this Colony, and be put by appointment of the Continental Congress under the order and direction of this Congress, subject nevertheless to such controul as afore mentioned. " 4th. A standing power, by drafts on the Treasury, to apply all such moneys as shall be appropriated to uses, but not actually applied by this Congress. " 5th. A standing power, by like drafts, to appropriate and apply any such moneys as shall, from time to time, be by them judged necessary for contingent and secret ser- vices, provided the same do not in the whole exceed £5,000. " 6th. A standing power to execute or cause to be ex- ecuted orders, resolves and recommendations as well of the Continental as of this Congress. " 7th. A standing power for the care, direction and dis- position of the magazines, arms, ammunition and other military stores and implements belonging to this Colony, or which shall be committed by the Continental Congress to the care and direction of this Congress. " 8th. A power in the recess of this Congress to call a meeting of the same when and where, in the judgment of the Committee, any emergency shall require it, and on every such call to give at least 14 days' notice of the meet- in B- " 9th. A power to enjoin secrecy on their members and others under their direction, as to all matters in the execu- tion of their trust, wherein they shall judge it necessary ; and as the due execution of many things for the public safety may require the utmost secrecy, that in all cases wherein they shall esteem such secrecy is required, they shall have the power of withholding the discovery of their proceedings from this Congress until one month after the danger which may attend such discovery is past. " 10th. To keep an exact journal of their proceedings, subject to the inspection of this Congress in certified copies thereof, with power to withhold out of such copies matters of secrecy, as above stated. " 1 1th. A power, during the recess of this Congress, to open and answer all letters directed to this Congress or the President thereof. " 1 2th. A power to comply, as far and as often as they shall think proper, with any requisition by the generals of the Continental forces, or any or either of them. " A power to take up and examine persons suspected to have broken the resolutions of the Continental or this Con- gress, and according to their discretion, to discharge or send such persons to the general committee of the county to whom it belongs, to determine the matter. * William Allison first named, and J. Clarke substituted on the 19th. JOURNAL OF THE PROVINCIAL CONGRESS. 223 " A power to carry into execution a settlement of ac- counts with the Continental Congress. " A power to carry into execution, if necessary, the re- solutions of the late Congress for the emission of paper currency, subject however to such alterations as this Con- gress shall think proper to make. " A discretionary power to purchase arms and ammuni- tion, and apply the same to the public service. " A power, in case of deficiency of the Provincial Trea- sury to answer the appropriations and applications hereby intrusted to the Committee, to supply such deficiency, as often as it may happen, by a vote of credit, to be made good by provision hereafter to be made by Congress. " A power to settle and determine all questions to be put to them by the committee of accounts arising in their department." Resolved, That the Committee of Safety hereby ap- pointed, do continue to be invested, as a body distinct from Congress, with all the powers above mentioned, until the said Committee shall be dissolved by order of this Con- gress, or until the second Tuesday of June next, unless a future Congress of this Colony shall be sooner convened. Dissentients to that part of the last resolution contained in the words, or until the second Tuesday of June next, Col. Van Rensselaer, Mr. Gansevoort, Capt. Cuyler, Col. Brasher, Col. Graham, Mr. Schenck. Mr. Gansevoort, seconded by Mr. Van Rensselaer, mov- ed in the words following, to wit : That if it should so happen that any member appoint- ed as one of the Committee of Safety, should be prevent- ed either by sickness or other unforeseen accident, from attending the said Committee, whereby the public business may be delayed, that his place may be supplied by one other of the Deputies of the county where such member of the Committee of Safety resides, to be appointed by the general committee of the same county. Debates arose on the said motion, and the question be- ing put thereon, was carried in the negative, in the man- ner following, to wit : For the negative. Suffolk, Dutchess, Orange, Albany, equally divided. Ulster, Westchester, New-York, Tryon. Ordered, therefore. That the said motion be rejected. Resolved, That the Committee of Safety be, and here- by are fully empowered to issue orders to the respective counties in this Colony to elect Deputies for a Provincial Congress of this Colony, to meet on the 2nd Tuesday in May next. The said Committee by their order appointing the day of election in each county, to be at least 21 days before the said second Tuesday in May next. The Congress then proceeded to take into consideration the emission of the paper currency agreed to be issued by the late Congress, and after a considerable time spent therein, the following resolutions were unanimously agreed to, to wit : Resolved, That the periods of sinking of 112,500 dol- lars by two payments, the first of 56,250 dollars on the first day of March, 1776, and the remaining 56,250 dol- lars the first day of March, 1777, agreeable to the resolve of the late Provincial Congress of the 2nd day of Sep- tember last past, be altered, and that the said first sum of 56,250 dollars be sunk on the first day of March, 1777, and the remaining 56,250 dollars on the first day of March 1778. And whereas, The late Provincial Congress directed that the bills by them ordered to be emitted, should be signed by at least three persons, and it appears that there is not room sufficient on each of the said bills for three signers, therefore Resolved, That any two of the said signers be sufficient to sign each of the said bills. And whereas, This Congress have applied to the Continental Congress to lend this Colony the sum of 112,500 dollars; if the Continental Congress shall make that loan to this Colony, Resolved, That in such case, the Committee of Safety are not to take any measure towards issuing the money above mentioned, and that the sum so lent shall be sunk in equal moieties at the respective periods last above men- tioned. DIE LUNtE. 10 ho. a. m. Deer. 18th, 1775. Present — John Haring, Esqr. Prest. pro tern. Col. McDougall, Mr. Beekman, Mr. Brasher, Mr. Roosevelt, Mr. Scott, Mr. Ray, Mr. Sands, Mr. Rutgers— For New-York. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Albany. Mr. Wynkoop, Mr. Cantine, Mr. Palmer — For Ulster. Mr. Humphreys, Mr. Schenck — For Dutchess. Mr. Graham, Mr. Lockwood — For Westchester. Mr. J. Moore — For Tryon. Mr. Tredwell, Mr. Wickham, Mr. Gelston— For Suffolk. Mr. Hay, Mr. Haring, Mr. Clowes — For Orange. No other members appearing, and Dutchess and West- chester not being a quorum, the Congress could not pro- ceed to business, and adjourned till 3 o'clock this after- noon. Die Lvnje, 3 ho. P. M. Deer. 18, 1775. The Congress met pursuant to adjournment. Present — John Haring, Esq. Prest. pro tempore. Mr. Sands, Col. McDougall, Mr. Ray, Mr. Rutgers, Mr. Imlay, Mr. Scott, Col. Brasher — For New-York. Mr. J. Moore — For Tryon. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Albany. Mr. Wynkoop, Mr. Cantine, Mr. Palmer — For Ulster. Mr. Humphreys, Mr. Schenck — For Dutchess. Dr. Graham, Mr. Lockwood, Mr. Paulding — For Westchester. Mr. Van Derbilt — For Kings. Mr. Wickham, Mr. Tredwell, Mr. Gelston— For Suffolk. Mr. Haring, Col. Hay, Mr. Clowes — For Orange. Mr. Palmer from the committee who went up to the for- tifications in the Highlands, delivered in the report of the said committee, together with a draft or plan to explain the same. The said report was read, and being read a second time, is in the words following, to wit : " Fort Constitution, Uth Deer. 1775. " The committee appointed by an order of the Provin- cial Congress, bearing date the 7th inst. to repair to the fortifications in the Highlands, and endeavour to accommo- date the difference subsisting between the commissioners for erecting said fortifications and the engineer ; and in case they should not be able to accommodate the said dif- ference, to give such directions as they should think ne- cessary for expediting the works of the said fortifications, in such manner as they shall judge best for the public ser- vice, and make report as well of the true cause of such difference as of all necessary facts relating to the same, and of such directions as they shall have given for expe- diting the said work, Do Report : " That after examining into the matters of complaint from both parties, they are of opinion that Mr. Romans must either have mistaken the charge committed to him by the honourable Committee of Safety by request of the commissioners, or as appears from his conduct, has as- sumed powers with which he knew he was not intrusted, as it appears that the commissioners objected to the man- 224 JOURNAL OF THE PROVINCIAL CONGRESS. ner of erecting some works that are nearly finished, and refused their consent to the erecting of others begun, es- pecially that called the Grand Bastion, in which we think they judged right ; which nevertheless, he was determin- ed to carry on, declaring that they had no vote nor authori- ty in any matters at the post, more than to furnish stores and workmen, and pay them. On the other hand, the commissioners, from the authority with which they con- ceived the honourable the Provincial Congress had invest- ed in them to erect fortifications, thought themselves re- sponsible in a great degree for the misapplication of the public moneys appropriated for that use, in which we also think they judged right ; and therefore that Mr. Romans was to blame in refusing to consult the commissioners on every matter of importance before he attempted to carry it into execution. (For further particulars relative to this report, we refer the honourable House to the copies of the directions given to the commissioners and engineer.) 2ndly. That on observing the situation of the works erected and planned by the engineer, we do further report, that with respect to the battery nearly finished, with mar- lins, &c. we find that none of the cannon can be pointed so as to obstruct any vessel on her passage up, until she passes the West Point 1 00 or 1 50 yards ; and when she has passed the aforesaid battery, none can be brought to bear on her any distance up the river ; especially, should she border on the east shore : upon the whole, we are of opi- nion no vessel would be under the command of the batte- ry more than half the reach from the West Point to the point of Martle's rock. " With respect to the Grand Bastion (so called,) we do further report, that on examination of the work still to be erected to finish the same, we find two lines which togeth- er will consist of a wall of 300 feet in length, 30 feet on an average in height, and in breadth, 18 feet high, toge- ther with another wall of like dimensions as to height and and breadth, and will consist of 200 feet in length, which is to encircle the block-house and join the former, which in its area is to contain bombproof arches of brick, and a grand magazine, which is to cover men in time of en- gagement (as the engineer informed us,) all which we conceive will be impracticable to complete in season, even should the expense be approved of, which in our opinion would not amount to less than 8 or £10,000 ; and when completed, would not effect any vessel until she came abreast with the West Point. " The committee do further report that they are of opi- nion, that instead of erecting the above described work, it would better answer the use and safety of the post for the present to throw up a breastwork in the hollow of the above mentioned area, facing the West Point, sufficient to contain four or six cannon ; and also to erect a bumbert battery on a gravel hill, marked on the late draft of Mr. Romans, H. sufficient to mount 8 large cannon, eighteen pounders, two of which to be mounted on a short curtain facing the reach above the West Point ; the breastwork to be composed of timber filled in with earth, with a good platform ; the advantage of which will fully appear by the river draft. When this is completed, we would recom- mend that a low constructed block-house be erected on an eminence, abreast of the West Point — which will serve to keep up a line of communication between the last men- tioned battery and the other works. " 3dly. With respect to the state of the barracks the com- mittee do further report, that they find one of 80 by 20 feet of one story, and one of 100 by 20 feet, one and a half story high, both which when cleared of workmen and labourers will contain about 300 men. The foundation of another barrack 80 by 20 feet, two stories high, and when completed will contain 160 men. This latter barrack we find will be well covered by the eminence on which stands the block-house. The former stands much exposed to the fire of the enemy as soon as they open the West Point, especially the one of 100 feet, nor would it be fully co- vered in our opinion, was the expensive Grand Bastion aforesaid completely finished agreeable to Mr. Romans' plan. " After going through with the business above reported, we went down the river in the barge as far as Puplope's kill on our way, about 3^ miles below the fortress on the west side of the river, a landing place of easy access from the river to the height of the land above, which may be occupied by an enemy to our damage. We then pro- ceeded and took a view of the height and situation of the ground forming the north chop of Puplope's kill, which projects itself so far into the river that the distance across to the other shore does not exceed 100 perches. We are clearly of opinion that this is by far the most advantageous situation in the Highlands for a fortification, as one erected on this point would command the reach of the river down- wards to the point of the Dunderbarragh, being the distance of nearly 3 miles, and from the same point the reach up- wards may be commanded as far, and is environed in its adjacent and contiguous situations with marshes and inac- cessible mountains, which renders it impracticable for the enemy to land. We are therefore of opinion that a bat- tery of 16 or 18 guns ought to be erected on this point, and that barracks be erected there to make it a post of about 150 or 200 men. (Signed,) "FRANCIS NICOLL, "JOSEPH DRAKE, " THOS. PALMER." The same report being read and the question being put thereon, Resolved, That the Congress does agree with their com- mittee in the said report. And Ordered, That Mr. Palmer draw up such further direc- tions relating to the fortifications necessary to be made in the Highlands, as may be necessary to be directed and resolved on by this Congress, and report the same with all convenient speed. Whereas by a letter of the 28th ulto. from James Duane, Esqr. one of the Delegates of this Colony at the honourable the Continental Congress, this Congress is in- formed that an order had passed in their favor for 50,000 dollars, and by a paragraph of a letter from Philip Living- ston, Esqr. another of the Delegates of this Colony, the President is informed that the said money is ready to be paid to an order of this Congress on the Delegates of the Colony of Pennsylvania, and that to send some proper persons for the said money will prevent the expense of a guard to conduct it. Therefore, Ordered, That Messrs. Abraham Brasher and Thomas Palmer, two of the members of this Congress, proceed to Philadelphia to receive the said sum of 50,000 dollars from the Pennsylvania Delegates, and to bring or remit the same to this Congress. And Resolved, That a copy of this entry, order and resolve, signed by the President pro tempore, and attested by the Secretaries, be a draft or voucher from this Congress to the Pennsylvania Delegates for payment thereof, and that the receipt of the said Abraham Brasher and Thos. Pal- mer be a sufficient discharge from this Congress to the Pennsylvania Delegates for the same. Ordered, That Major Malcom be requested to authorize and desire Capt. Waldron to sell the sheep taken at Brook- lyn ferry, for the best price he can and to retain the ex- pense of keeping them in his hands, and pay the balance to the Treasurer of this Congress. Ordered, That Col. Van Rensselaer, Major Lockwood, Mr. Treadwell and Mr. Scott be a committee to revise and amend the militia law or regulations for the militia of this Colony, made and published by this Congress, and [that] they report thereon with all convenient speed. A return from Lewis Dubois and Michael Wygant, two of the committee of New-Marlborough precinct in Ulster j county, dated the 6th inst. was read. They certify that there was chosen that day agreeable to the rules of the JOURNAL OF THE PROVINCIAL CONGRESS. 225 Honble. Congress, the following officers for the southeast district of New-Marlborough : Stephen Case, captain ; Matthew Wygant, 1st lieut. ; John Bond, 2d lieut. ; Alexander Cropsey, ensign ; and Mr. Palmer inform- ed the Congress that Stephen Case who had been 1st lieut. was elected in the place of Caleb Merrit who had resigned ; that Mathew Wygant and John Bond were promoted by election, and Alexander Cropsey elected in the stead of the ensign promoted, and the commission of Caleb Merrit who resigned, was returned to the Secreta- ries. Ordered, That commissions be issued to those gentle- men accordingly. Ordered, That Col. McDougall be authorized and he is hereby authorized to purchase such a quantity of cartouch paper as he may think necessary for the use of this Co- lony, and to lodge the same with Peter T. Curtenius, the Commissary, to be distributed to the counties. Whereas Mr. Isaac Bellknap of Newburgh in Ulster county, on the 2d day of Sepr. last past, was upon suffi- cient information of his merit, nominated in Congress to the office of quarter-master of the regiment whereof Jona- than Haasbrouck, Esqr. is colonel, and ordered to be put into commission in that office, but by some mistake the name of another gentleman was inserted in the said com- mission : Resolved, That it is the opinion of this Congress that the said Mr. Isaac Bellknap is fully qualified to fill the said office ; and to testify a proper sense of his merit, that it is the sense of this Congress that he be preferred to the first suitable vacancy that may offer in the militia or minute men of the southern part of that county. DIE MARTIS, 10 ho. a. m. Deer. 19th, 1775. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Col. McDougall, Mr. Van Zandt, Mr. Roosevelt, Mr. Ray, Mr. Sands, Mr. Imlay, Capt. Rutgers — For New-York. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Albany. Mr. Cantine, Mr. Wynkoop, Mr. Palmer — For Ulster. Mr. Schenck, Mr. Humphrey — For Dutchess. Dr. Graham, Mr. Paulding, Mr. Lockwood — For Westchester. Mr. Wickham, Mr. Tredwell, Mr. Gelston— For Suffolk. Col. Hay, Mr. Haring, Mr. Clowes, Mr. Clark — For Orange. Mr. Van Derhilt — For Kings. Mr. J. Moore— For Tryon. The committee appointed to plan a voyage or voyages for one or more vessels, delivered in a report which was read, and after some time spent therein and some advice given thereon, it was returned to the said committee for their further consideration. The return of the committee of Cornwall precinct in Orange county, signed by Thos.* Outwater, chairman of the county committee, was brought into Congress by Jeremiah Clarke, Esqr. and read. It is thereby certified that at a meeting of the freeholders and ten- ants of the precinct of Cornwall in the county of Orange, held at the house of John Brewster in Blooming-Grove, on Tuesday, 7th Novr. 1775, agreeable to certain re- solves of the Honorable Provincial Congress of the Co- lony of New-York, for the purpose of dissolving the Con- gress then silting, and also for electing a new Congress to serve until the 10th day of May next coming, at which time the freeholders and tenants legally qualified, did una- nimously choose the bearer, the said Jeremiah Clarke, for one of the Deputies to represent the county of Orange in Provincial Congress, agreeable to the resolves aforesaid, and did also at the same time unanimously agree that any •The certificate is signed Thomas Moffat, clerk. 57 two of the Deputies chosen to represent the said county for the purposes aforesaid, should be a quorum to represent the said county in Congress. The same being read and approved of, by order was filed; and Ordered, That Mr. Clarke take his seat. Agreed and Ordered, That Mr. Jeremiah Clarke be ap- pointed, and he is hereby appointed a member of the Com- mittee of Safety in the stead of William Allison, Esqr. and that Mr. Allison's name be struck out of the said commit- tee, and Mr. Clarke's there inserted. Ordered, That the Secretaries purchase five hundred copies of the proceedings of the Continental Congress in low Dutch, and that Col. Brasher purchase 500 copies thereof printed in the German tongue, to be distributed gratis in the different parts of this Colony ; and if there are not any copies of the proceedings of the Continental Congress in the German language, that Col. Brasher pur- chase 500 copies of any other publication in the German tongue which are instructive on the present controversy be- tween Great Britain and the Colonies, that they may be distributed gratis. Resolved, That the Committee of Safety appointed by this Congress be authorized, and the said Committee here- by is authorized, to cause such a collection to be made of the sundry acts of Parliament complained of as grievances to the Colonies, with remarks thereon, as they may think useful to inform the people of this Colony, and to have such a number thereof, as they may think proper, publish- ed and dispersed through this Colony gratis. Mr. Clowes obtained leave of absence, Orange county being fully represented without his attendance. Die Martis, 3 ho. P. M. Deer. 19th, 1775. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Mr. John Van Cortlandt, Mr. Van Zandt, Col. McDougall, Capt. Rut- gers, Mr. Scott, Mr. Ray, Mr. Sands, Col. Brasher, Mr. Beekman, Mr. Imlay— For New-York. Col. Van Rensselaer, Capt. Cuyler, Mr. Bleecker, Mr. Gansevoort, — For Jllbany. Mr. Wynkoop, Mr. Cantine, Mr. Palmer — For Ulster. Dr. Graham, Mr. Paulding, Mr. Lockwood — For Westchester. Capt. Wickham, Mr. Tredwell, Mr. Gelston— For Suffolk. Mr. Moore — For Tryon. Mr. Schenck, Mr. Humphreys — For Dutchess. Mr. Haring, Col. Hay, Mr. Clarke— For Orange. The Committee appointed to employ two or more ves- sels for a voyage to Europe reported, that they think it ne- cessary to load two vessels with wheat on account and risk of this Congress, for some port or ports in Europe on the customary freight ; that the owners run the risk of the ves- sels out, and be allowed three pence sterling per bushel extraordinary for such risk ; that the common freight of such vessels is as follows, to wit : For any port without the Straits as far as Gibraltar \3d. stg. per bushl. ; to Ma- laga, 14c?. do ; to Allicant 1 5c?. do ; to Barcelona \6d. do ; to Marseilles 17c?. do. That the said committee had agreed to let one of the two vessels return with the return cargo to St. Eustatius or St. Martin's for one hundred pounds currency ; and that the said committee would give directions, that the said goods brought in return, as soon as they arrived in the West Indies be shipped on board of different vessels to bring them to the Continent ; which the committee conceive to be the most advantageous method. That the committee have proposed to direct the whole property adventured to be invested in gunpowder ; and if gunpowder is not to be purchased, to be invested in saltpetre ; if neither saltpetre or gunpowder is to be had, then to be laid out in good muskets ; and if none of the before mentioned articles are to be got, or not sufficient to expend the value of the car- goes adventured, then the property or so much thereof as shall remain unexpended in those articles, to be laid out in 226 JOURNAL OF THE PROVINCIAL CONGRESS. goods of the following kinds, vizt : Russia drilling, ravens duck, osnaburgs, coarse linens from 12 to 15c/. stg. pryard, sheetings from 10 to I2d. do. coarse thread hose from 20s. to 25s. stg. pr doz. coarse tandem silesias from 17s. to 20s. pr piece, vittery fit for soldier's shirting, or any other arti- cles they may think will be wanting. The said report being read a second time and approved of, the Congress unanimously agreed that the said report stand confirmed, and that the committee carry the said report into execution. And Resolved, That John Van Derbilt, Comfort Sands and Jacobus Van Zandt, and each and every of them shall be fully indemnified by this Congress or the Committee of Safety, or the Congress of this Colony for the time being, against any bonds which they or either of them will be un- der the necessity to enter into at the custom house in New- York, for the said vessels and cargoes ; and that in case any costs or damages shall accrue by means of entering in- to such bonds, that all such costs and damages as may arise, happen or accrue by means thereof, shall be borne by this Colony. And Ordered, That the Treasurer of this Congress pay to Jacobus Van Zandt, Comfort Sands and John Van Derbilt, the sum of £5,000 in part, to enable them to load the said vessels. Mr. Palmer, in pursuance of the direction of this Con- gress of yesterday, delivered a farther report respecting the fortifications in the Highlands, which was read and filed, and is in the words following, to wit : " That after the committee had finished their report in writing which has been delivered in, it was agreed by Colo. Nicoll and Col. Drake, that Mr. Palmer should deliver in their said report ; and that after the same should be read, that Mr. Palmer should further report to this Congress, as their unanimous opinion with him, that the fortifi- cations erected, and those pointed out by them to be erected on Martlar's point will not be sufficient for the se- curity of the post, because of two large eminences over- looking the works, situate the one within less, and the other not more, than half a mile from the works, and so situated that an enemy might improve them much to our damage. That they were, therefore, jointly of opinion that a redoubt ought to be erected at each of those places for the security of the garrison ; and that the committee were farther agreed in opinion, that it was the indispensa- ble duty of Mr. Romans accurately to have observed those matters in his first report to the Continental and Provincial Congresses, which the committee told him when there on the places ; to which Mr. Romans answered, he had point- ed out the necessity of the one, and the other he had but lately thought of." The said report being read, this Congress agrees there- to as to the redoubts necessary to be erected on the said two eminences. Ordered, That a copy of this report with a certified copy of the report of the same committee made yesterday, be transmitted to the Honble. the Continental Congress for their perusal, and that their directions may be obtained thereon. And Ordered, That Col. Brasher and Mr. Palmer carry those copies to the Continental Congress ; and as Capt. John Grennell has for some time past been on duty and commanding at the said fortifications, and may for the pre- sent be spared, an older officer being now there, and it is conceived he may also be able to give useful information relating to the places necessary to be fortified in order to obstruct the navigation of Hudson's river ; Ordered, That Capt. Grennell do attend the other two gentlemen to Philadelphia, for that purpose. Ordered, That George Clinton, Esqr. be appointed bri- gadier-general of the militia of Ulster and Orange counties formed into one brigade, and that a commission be issued to him accordingly. DIE MERCURII, 10 ho. a. m. Deer. 20th, 1775. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Mr. Beekman, Mr. Roosevelt, Col. McDougall, Capt. Rutgers, Mr. Ray, Mr. Sands, Mr. Imlay — For New-York. Mr. Humphreys, Mr. Schenck — For Dutchess. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Albany. Mr. Wynkoop, Mr. Cantine,. Mr. Palmer — For Ulster. Dr. Graham, Mr. Lockwood, Wm. Paulding — For Westchester. Mr. Haring, Col. Hay, Mr. Clarke — For Orange. Capt. Wickham, Mr. Gelston, Mr. Tredwell— For Suffolk. Mr. J. Moore — For Tryon. Dr. Spooner — For Cumberland. Doctor Paul Spooner, from Cumberland county, appear- ed in Congress, and produced the following credentials, to wit : first, a certificate from the committee of that county, dated at Westminster, on the 1st day of Deer, last, and signed by John Barrett the clerk, whereby it is certified that the committee of the said county had proceeded in the election of Deputies, pursuant to the resolves of the Con- gress for the Colony of New- York of the 18th October last ; and it is thereby further certified, that Major William Williams and Doctor Paul Spooner are chosen by the county to represent the people thereof in this Provincial Congress at the city of New- York. The said committee thereby also recommend a brigadier- general, and their other field and staff officers, for the mi- litia of the said county. Mr. Spooner also produced another certificate of the county committee bearing date on the 30th of Novemr. last, and signed by John Barrett their clerk, whereby it is certified that the Deputies chosen to represent the county of Cumberland at this Provincial Congress in the city of New-York, are thereby qualified, and have full power to act in the said Congress singly, in as ample and full a manner, when but one is present, as both, when both are present at the said Congress. The said certificates being read and approved, were ordered to be filed. And Ordered, That Mr. Spooner take his seat. A letter from Mr. Wm. Bedlow, dated at Fort Constitu- tion, on the 14th Deer. inst. on the subject of the pay of the commissioners, was read and filed, and is in the words following, to wit : " Mr. Nathaniel Woodhull, " Sir — About the latter end of October, Mr. Richard Yates delivered into the Honble. Provincial Con- gress a letter requesting they would be so kind as to fix what they should judge I, with my brother commissioners on service here, should merit per day. As that was at the very latter end of the last session, I suppose, through the hurry of business, [it] was not thought on. " Permit me now to request the favour of you to make this application known to this Honble. Provincial Congress, in hopes they will let the commissioners here know what they are to have. This will lay us under grateful obliga- tions to you and them. In particular him, who is, with respect, " Sir, your humb. servt. "WILLIAM BEDLOW. "Fort Constitution, Deem. Ulh, 1775. " To Nathaniel Woodhull, Esqr.'' The Congress took into consideration the subject matter of the said letter, and after some time spent thereon, Resolved, That there be allowed to each of the com- missioners employed in erecting the said fortifications on the bank of Hudson's river, in the Highlands, ten shillings per day, for every day that he has been or shall be em- ployed in that service ; and to prevent any expense that may by any means be avoided, agreed that only three commissioners, for the present, be continued in that ser- JOURNAL OF THE PROVINCIAL CONGRESS. 227 vice, to wit : Mr. John Berrien in New-York, and two at the fortifications ; and as Messrs. Wm. Bedlow and Thos. Grennell were first employed in that service, Ordered, That they be continued ; and if Mr. Gren- nell's state of health should become such as to prevent his attendance on that service, that in his absence his place be supplied by Mr. Jonathan Lawrence. Mr. John Broome chairman pro tern, of the committee of the city of New-York, attending at the door, was ad- mitted ; he delivered in the several papers hereafter men- tioned, which were read, and Mr. Broome withdrew. The first matter delivered in by the said chairman of the committee, is an application for the loan of money which, being read and filed, is in the words following, to wit : " New-York Committee Chamber, ? " Deer. 19, 1775. $ " The chairman having informed the committee that there were several demands upon this board, which have been due some considerable time, requested they would take them under consideration, and concert some means for discharging them. " Ordered, That the chairman be authorized to apply to the Provincial Congress for the loan of £1,000, (sub- ject to no interest,) and to give a receipt for the same, and to engage that the same shall be repaid out of the first mo- nies that shall be raised by way of a tax in this city and county, for defraying the necessary charges incurred for the public service, in defending our rights and privileges. (Signed) " JOHN BROOME, Ch. P. T." The Congress took the said application of the city com- mittee in consideration, and are unanimously of opinion that the small supply of money expected speedily to be re- ceived in the Treasury of this Congress, and their present heavy debts, will not admit of making a loan of one thou- sand pounds, but that to relieve the necessities of the com- mittee, an order be made on the Treasurer of this Con- gress, for the sum of £500, payable to the chairman. Therefore, Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of this Congress, send to Mr. John Broome, as chair- man pro tern, of the committee of the city of New-York, or to the chairman for the time then being, the sum of £500, and take such receipt and engagement, for the same as proposed by the said committee, in their applica- tion to this Congress for a loan. Mr. Broome also delivered in a list and arrangement of of the officers of Colo. Heyer's regiment, which was read and approved of and filed. And Ordered, That commissions be issued accordingly. Mr. Broome also delivered in a list of officers of Col. Heyer's battalion of three beats of the militia of the city of New-York. Ordered. That commissions be issued accordingly. The case of John Blackler, referred to this Congress from the committee of the city of New- York, and a letter from the said John Blackler to Governor Tryon, which were this morning delivered by Mr. Broome, as chairman pro tempore, were read. A letter from the committee of Richmond county, was read and filed, and is in the words following, to wit : " Richmond county, Beer. 15th, 1775. " Mr. President, " Sir — Your favour of 2d Decemr. we hereby ac- knowledge came safe to our hand, and with the majority of our committee considered the contents. We, agreeable to your request, have caused by advertisement the freehold- ers and inhabitants in our county to be convened on this day, in order that their sense might be taken, whether they would choose Deputies to represent them in Provincial Congress or not. Accordingly a number of the said free- holders and inhabitants did appear ; a regular poll was opened and continued till 6 o'clock ; at the conclusion of which it appeared that a majority was, for the present, for sending no Deputies. " Our former conduct in sending of Deputies to repre- sent us in Provincial Congress, was elevated with en- couraging hopes of having, ere this, obtained the so much desired point in our view, namely, a reconciliation with Great Britain. But, with anxiety we express it, that the hopes of obtaining so desirable an event, is now almost vanished out of our sight ; and, instead of which, we be- hold with horror, every appearance of destruction, that a war with Great Britain will bring upon us. Under these apprehensions, and in our particular situation, we hope you will view us, and when candidly considered, we trust will furnish you with sufficient reason, for the present, to forbear with us. " We wish and pray that if yet any hopes of reconcilia- tion is left, that measures might be adopted, if possible, to obtain that desirable end, in wishing of which we conclude ourselves, " Your most obt. " And most humble servts. "JOHN TYSON, "CHRISTIAN JACOBSON. "DANIEL CORSEN, "PETER MERSEREATJ, "JOSEPH CHRISTOPHER, "LAMBERT MERRILL, "JOHN POILLON. '• To Nathl. Woodhull, Prest. of Provl. Congress New-York. " P. S. Should the Congress think it necessary for fur- ther information of the state of our county, they will please to order two of our committee to appear before them for that purpose. After sundry proposals mentioned relating to the people of Richmond county, the further consideration thereof is deferred until the state of Queens county is taken into con- sideration. Capt. Skidmore, of Queens county, attending at the door for an order for the arms of such men in his company as have not been sent into the Continental service, Ordered, That Peter T. Curtenius deliver to Capt. Skid- more such arms of the people of Queens county as remain in his custody, and were received from the men belonging to Capt. Skidmore's company, to wit. from William Mills, Dirk Amerman and John Stanson, alias John Steine ; and that Mr. Curtenius pay to Jonah Roades, Cornelius Loosie, Mary Mills, Peter Fredericks and Fredk. Amerman, re- spectively, the appraised value of the arms received of them, respectively, and sent into the public service. A draft of a letter to the Delegates of this Colony at the Continental Congress was read and approved of, and is in the words following, to wit : "In Provincial Congress, } " New-York, Deer. 20th, 1775. 5 " Gentlemen — A dispute having unhappily taken place between the commissioners appointed to superintend the work at the fortifications in the Highlands and the engi- neer, which we apprehended might retard the works ne- cessary to be done, we thought proper to depute a com- mittee of three of our body to repair to the said fortifica- tions and endeavour to accommodate the said difference, and in case they should not be able to effect that, to give such directions for expediting the necessary work as they should judge best for the public service. In consequence whereof Messrs. Palmer, Nicoll and Drake, who were ap- pointed the committee, went to the place, and have report- ed their proceedings and sentiments in the premises, a copy of which we now enclose you, for the consideration of Congress. We beg leave to suggest to you that the re- port of the committee respecting the expediency of erect- ing a fortification on the eminence at Puplope's kill de- mands your most serious attention. " The bearers hereof, Colo. Brasher, Mr. Palmer and Capt. Grennell are appointed by this Congress to lay a state of the above matter before the Continental Congress, and if it should be approved of, we are of opinion that no time ought to be lost in carrying it into execution. 228 JOURNAL OF THE PROVINCIAL CONGRESS. "We have drawn on the Pennsylvania Delegates for 50,000 dollars, (you have procured an order for,) in favor of Col. Brasher and Mr. Palmer." Ordered, That a copy thereof be engrossed and signed by the President pro. tem. and transmitted. Doctor Spooner delivered in sundry letters and papers, which were read and filed, and are as follows, to wit : A letter from Col. James Rogers, of Cumberland county, of the 14th Sept. last, whereby, for political reasons, he declines the office of brigadier-general of the militia. A paper signed by the inhabitants of the township of Putney, in Cumberland county, dated the 6th of Decem- ber inst. stating objections against the gentlemen named and recommended by the county committee for field offi- cers of the militia of that county. A paper signed by a number of the inhabitants of West- minster, dated 7th of Deer. inst. setting forth similar ob- jections to the same gentlemen as field officers of the mi- litia of that county. A paper signed by the inhabitants of Fulham, dated the 13th Deer. inst. setting forth similar objections to the same gentlemen as field officers of the militia of that county. A paper subscribed, containing the association of all the males in Townshend, in Cumberland county. Resolved, That the Committee of Safety consist of thir- teen members, and that Doctor Paul Spooner be added to be a member of the Committee of Safety. The Congress being informed that John Abeel had de- clared that William Bayard had informed him and others that the Deputies who compose this Congress had agreed to pay themselves four dollars per day each, while they at- tend the Congress, Ordered, That John Abeel attend this Congress at 4 o'clock this afternoon. The Congress adjourned till 3 o'clock, P. M. Die Mercurii, 3 ho. P. M. Deer. 20th, 1775. The Congress met pursuant to adjournment. Present— John Haring, Esqr. Prest. pro tem. Col. McDougall, Capt. Rutgers, Mr. Ray, Mr. Sands, Mr. Beek- man, Mr. Imlay — For New-York. Dr. Spooner— For Cumberland. Mr. Wynkoop, Mr. Cantine, Mr. Palmer — For Ulster. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker— For Albany. Dr. Graham, Major Lockwood, Mr. Paulding— For Westchester- Mr. Humphreys, Mr. Schenck— For Dutchess. Mr. J. Moore— For Tryon. Col. Hay, Mr. Haring, Mr. Clarke— For Orange. Capt. Wickham, Mr. Tredwell, Mr. Gelston— For Suffolk. The Congress took into consideration the case of John Blackler. And thereupon, Ordered, That he be kept in confinement until the fur- ther order of this Congress. The Congress then took into consideration the necessity and advantage of a small armed vessel to be maintained in the East river or sound, to prevent persons inimical to the liberties of the American Colonies, supplying the Minis- terial army and navy with provisions. Ordered, That Col. McDougall and Capt. Rutgers be and hereby are appointed a committee to purchase a pro- per vessel for that purpose, and to have her properly armed and fitted out. And, Ordered, That those gentlemen do not expend on the purchase and outfit of such vessel more than the sum of six hundred pounds. The committee appointed to prepare amendments to the resolves for regulating the militia of this Colony, brought in their report which was read, and according to order be- ing read a second time, and many amendments made thereto, was agreed to and resolved on, and is in the words following, to wit : Appendix to the rules and orders for regulating the militia of the Colony of New-York, 1st. As the desire of promotion in the public service is extremely laudable, and therefore should be so far incou- raged as may be consistent with the safety of the public, and at the same time may not be construed into a design of countenancing promotions, of course it is earnestly re- commended to every company, to have a regard in elec- tions, to promote to offices according to rank, so far as may be consistent with true merit and ability to serve the public. 2nd. That where ever a sufficient number of minute men do not voluntarily turn out of any regiment of the mi- litia of this Colony, to complete the proportion in the aforesaid rules and orders required, the deficiency be made up by lot from those companies in which such deficiency shall happen. 3rd. That the militia of the counties of Dutchess and Westchester, be two separate brigades. 4th. That when any person shall think himself ag- grieved with respect to his being fined in consequence of the above mentioned regulations, the committee of the city, town, manor, precinct or district, where the cause of complaint ariseth, upon complaint made to them, shall have power to hear and determine the matter, and if said complaint shall appear to be groundless and vexatious, the complainant shall forfeit a sum equal to the fine in dispute, to be levied upon his goods and chattels by warrant from the chairman, directed to a Serjeant of the company^ The said forfeiture to be applied in the same manner as the fines in the before said regulations are applied ; and that no man shall be fined for want of powder and ball, who shall produce a receipt from his captain of his having de- posited in his hands six shillings and nine pence for the purchase of those articles. 5th. That besides the stated meetings of the companies of the militia, it be recommended to the commissioned and non-commissioned officers, to use all possible diligence to perfect their companies in the military art, bv inviting them together in small parties as often as they conveniently can meet. 6th. That although persons above 50 years of age are not required to be enrolled in the militia, yet it is most earnestly recommended to them that they be respectively provided with arms, accoutrements and ammunition, as though they were required to be enrolled. 7th. That it be earnestly recommended to every man in the militia to provide himself with a bayonet properly fitted to his musket or firelock. 8th. That no new troops of horse be formed unless an augmentation be recommended by Congress or the Com- mittee of Safety. 9th. That all persons incurring the penalties for non-at- tendance and disobedience of orders specified in the twelfth clause, shall for every default incur the forfeitures therein annexed to the first default, notwithstanding their being held up as enemies of their country. 1 Olh. That the minute men meet in their respective companies on the first and third Mondays in every month, and pass through the necessary military exercise under their proper officers, and that for the second meeting in every month the officers and privates be respectively al- lowed the pay of the Continental troops agreeable to the new establishment; provided that the commanding officer of each minute company who shall be present at the muster and exercise of each respective minute company, do de- liver to the committee of the city, town, precinct or district in which they shall so meet to exercise, a muster roll of the commissioned and non-commissioned officers and privates of their respective companies, who did actually appear and exercise until they were dismissed by the commanding officer, sworn to by the officer who was present and com- manded for the day; and that besides these regulations it be recommended lo them to meet in such subdivisions of each company under a proper officer, as will be most con- venient for their frequent meeting. JOURNAL OF THE PROVINCIAL CONGRESS. 229 llth. That if any officer should omit to meet and exer- cise his men upon the days appointed, or shall through fa- vour or affection neglect to levy any fines in the said rules and orders for regulating the militia required to be levied, he shall forfeit for every such neglect the sum of 40s. to be levied and applied as is directed in the twelfth clause of the before referred to regulations. 12th. Resolved, That the officers of the minute compa- nies that are already chosen, do continue their offices 'till the further orders of this or some future Congress. A letter from Col. Levi Pauling, of Marble Town, was read and filed, and is in the words following, to wit : "Marble Town, Deer. Uth, 1775. "Gentlemen — Yours of the l?th Octor. I have re- ceived, in answer to which, I have given orders to the re- giment I have the honour to command, that whenever the alarm shall be given they muster (according to desire) equipped and with provisions in Marble Town, the place of my residence, which is, " Gentlemen, from your assured friend, " And humble servant, " LEVI PAULING. " To the President of the Honble. Provincial Congress." A letter from Jacobus Swartwout, chairman of the com- mittee at Fish Kill was read and filed, it contains a return of the following officers, to wit : George G. Brinckerhoof, first lieut. Stephen Osborne and Benjn. Kosekrans, ensigns, of Capt. Stephen Brinckerhoff's company- Ordered, That commissions be issued accordingly. The Congress adjourned to 10 o'clock to-morrow morn- ing. DIE JO VIS, 10 HO. A. M. Deer. 21st, 1775. The Congress met pursuant to adjournment. Present — John Haring, Esquire, President pro tern. Col. McDougall, Mr. Roosevelt, Capt. Rutgers, Mr. Ray, Mr. Sands, Mr. Scott, (Mr. Van Zandt, Colo. Brasher, absent on duty) — For New- ¥ork. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Albany. Mr. Wynkoop, Mr. Cantine, (Mr. Palmer absent on duty) — For Ulster. Mr. Spooner— For Cumberland. Mr. Humphreys, Mr. Schenck — For Dutchess. Dr. Graham, Major Lockwood — Ftr Westchester. Capt. Wickham, Mr. Tredwell, Mr. Gelston— For Suffolk. Mr. Moore — For Tryon. Mr. Haring, Col. Hay, Mr. Clark — For Orange. The Congress took into consideration the state of Queens county, and after some considerable time spent thereon, it was postponed till the afternoon. The Congress then proceeded to fix and determine the rank of the militia officers of the several counties in this Colony, in order to enable the committee appointed for that purpose to form and report a general regulation for the militia of the Colony, and after some time spent thereon, the Congress determined the officers of the respective counties to have rank in the following order, to wit : 1st — Xew-York, 2nd — Albany, 3rd— Suffolk, 4th— Ulster, 5th — Westchester, 6th — Orange, 7th — Dutchess, 8th — Kings, 9th — Queens, 10th — Richmond, llth — Tryon, 12th— Cumberland. 13th— Charlotte, 14th — Gloucester. The Congress then proceeded for the same purpose to fix and ascertain the rank of the respective brigadier-gene- rals of the several brigades in this Colony. And, therefore, Resolved, That the brigadier-general of the brigade which consists of the militia of New-York, Kings and Rich- 58 mond counties, be considered as the first brigadier-general of this Colony, and lake rank accordingly. That the brigadier-general of the brigade which consists of the militia of Albany and Tryon counties be considered as the second brigadier-general of this Colony, and take rank accordingly. That the brigadier-general of the brigade which consists of the militia of Suffolk and Queens counties be considered as the third brigadier-general of this Colony, and take rank accordingly. That the brigadier-general of the brigade which consists of the militia of Ulster and Orange counties be considered as the fourth brigadier-general of this Colony, and take rank accordingly. That the brigadier-general of the militia of Westchester county be considered as the fifth brigadier-general of this Colony, and take rank accordingly. That the brigadier-general of the militia of Dutchess county be considered as the sixth brigadier-general of this Colony, and take rank accordingly. That the brigadier-general of the militia of the counties of Cumberland, Gloucester and Charlotte, be considered as the seventh brigadier-general of this Colony, and take rank accordingly. The Congress adjourned to 3 o'clock P. M. Die Jovis, 3 ho. P. M. Decemr. 21st, 1775. The Congress met pursuant to adjournment. Present — Jno. Haring, Esqr. Prest. pro tern. Mr Scolt, Col. McDougal, Mr. Imlay, Mr. Ray, Mr. Sands, Mr. Rut- gers, (Mr. Van Zandt, Col. Brasher, absent on business)— For NewYork. Col. Van Rensselaer, Capt. Cuyler, Mr. Gansevoort, Mr. Bleecker — For Albany. Mr. Wynkoop, Mr. Cantine, (Mr. Palmer, absent on duly,) — For Ulster. Mr. Humphrey, Mr. Schenck — For Dutchess. Dr. Graham, Major Lockwood — For Westchester. Mr. Moore — For Tryon. Mr. Haring, Col. Hay. Mr. Clarke— For Orange. Capt. Wickham, Mr. Tredwell, Mr. Gelston— For Suffolk. Dr. Spooner — For Cumberland. On application of the members of Ulster county now present, Ordered, That Thomas Palmer, Esqr. be appointed colonel, Thos. Johnson, Junr. lieut. colonel, Arthur Parks first major, and Saml. Logan 2nd major, Sovereign Bruyn adjutant and Isaac Bellknap quarter-master of the southern regiment of minute men in Ulster county, and that com- missions be issued to those gentlemen accordingly. And on application of the same members, Ordered, That Charles Dewitt, Esqr. be appointed colonel, Andrius Dewitt, Junr. lieut. colonel, Christopher Tappen first major, Corns. E. Wynkoop 2nd major, Oake Sudam adjutant, and Corns I. Elmendorph quarter-master of the northern regiment of minuie men in Ulster county, and that commissions be issued to those gentlemen accord- ingly. The Congress then resumed the consideration of the state of Queen's county and of Richmond county, and after some considerable time spent thereon, came to a de- termination and resolutions in the words following, to wit : " Whereas, on the 1 3th inst. on information that a num- ber of disaffected persons in Queens county had been sup- plied with arms and ammunition from on board the Asia ship of war, and had been arraying themselves in military manner to oppose the measures taken by the Uniied Colo- nies for the defence of their just rights and privileges, and thrown out many threatening expressions against sundry persons residing in that and the neighbouring counties, it was resolved by this Congress, as their opinion, that such conduct is inimical to the common cause of the United Colonies and ought not by any means to be suffered, but that measures should be immediately taken to put a stop 230 JOURNAL OF THE PROVINCIAL CONGRESS. to it. And it was therefore ordered that the inhabitants of the said county should appear by a committee before this Congress on Wednesday then next, at 10 o'clock in the morning, to give satisfaction in the premises ; with which order the said inhabitants of Queens county have not complied : And whereas the persons above mentioned and their adherents have opposed the election of Repre- sentatives for that county, in this Congress, on a poll opened for that purpose, whereby that county remains un- represented in this Congress : And whereas, a prevailing party prevented the election of Delegates for the county of Richmond, at a late poll there opened for that purpose, by means whereof the said county is not represented in this Congress : And whereas, the poll-list for Queens county has been returned to this Congress, whereby the persons opposing such representation as aforesaid, and ap- pearing to this Congress to be inimical to the interest of the United Colonies, may be ascertained : " Resolved, I. That such inimical persons as aforesaid have been guilty of a breach of the general association, and of an open contempt of the authority of this Congress, as effectually representing the majority of the inhabitants of this Colony. " Resolved, II. That the inhabitants of the county of Richmond, by neglecting to elect Representatives in this Congress, have been guilty of a breach of the general as- sociation. " Resolved, III. That the committee of the said county of Richmond do, and shall, within fifteen days after the publication hereof, return to this Congress, or the Com- mittee of Safety, a list of the names of those who oppose a representation of the said county in this Congress, to the end that the delinquents against the common cause in that county may be ascertained ; and that in default thereof the whole county of Richmond be deemed delinquent. " Resolved, IV. That the said delinquents in the said two counties, respectively, and each and every of them, be, and hereby are, entirely put out of the protection of this Congress. " Resolved, V. That all friendly and commercial inter- course between the said persons, so put respectively out of the protection of this Congress, and the other inhabi- tants of this Colony, ought to be, and the same as far as can be effected by the recommendation of this Congress, hereby is, and shall continue to be, totally interdicted until further order of this Congress, or the Committee of Safety. And to the end that no persons may plead ignorance of the aforegoing resolves and this order, it is " Ordered, The same, together with a list of such de- linquents as aforesaid, in each of the said counties, be without delay respectively printed and dispersed in hand- bills, and inserted in all the public newspapers of this Colony." Ordered, That copies of the aforegoing resolves and orders be enclosed in the following letter to the Delegates of this Colony in Continental Congress. A draft of a letter to the Delegates of this Colony at Continental Congress was read and approved of, and is in the words following, to wit : " In Provincial Congress, ? " New-York, Deer. 2Ut, 1775. } " Gentlemen — We lake the liberty to enclose to you a copy of our proceedings respecting the delinquents in Queens and Richmond counties. We apprehend we have proceeded against them as far as a prudent regard to the present circumstances of the capital of this Colony, and the safety of the Colony in general, as far as it depends upon the security of its capital, will permit, and for this assertion we beg leave to suggest the following reasons, to wit : " 1st. The power which the King's ships have for de- stroying the property in this city. " 2d. Our being almost utterly destitute of powder for a defence of the city, were it in other respects defensible, against naval force. " 3d. The great probability that an array of troops against the above mentioned delinquents, by authority of this Congress, even were we sufficiently provided for the purpose with powder, would bring on a firing upon the city. "4th. We are now expediting vessels for the importa- tion of powder, &c; this object (should it be known, would necessarily incense the navy,) we may lose, as well as the opportunity of supplying the inhabitants of this city with the necessaries of life in a severe season, whichnecessa- ries it is well known we are almost entirely supplied with by water. " If in the judgment of the Continental Congress, the delinquents in the above mentioned counties ought to be further dealt with, we flatter ourselves that, however ready we are to sacrifice the property of this capital, in the de- fence of the common rights of America, the above reasons, and such others as may occur to you, will have their weight with Congress to show the impropriety of employ- ing any of the inhabitants of this Colony, and particularly of this city, in active service against the said delinquents, if others can be employed for the purpose. Their oppo- sition to the common cause is of dangerous example, and therefore ought, in our opinion, to be quelled, if by pru- dent means it can be done, for we have little reason to believe, that should they by any means be induced to send Dele- gates to this Congress, their true characters would be no other than that of spies of our conduct. We desire you to communicate this and the enclosed without delay to the Continental Congress, and are, " Gentlemen, with great respect, " Their and your most obt. servts. " By order. " To the Gentlemen in Delegation for the Colony of New-York in Continental Congress." Ordered, That a copy thereof be engrossed, and signed by the President pro tern, and transmitted. Ordered, That in case the Continental Congress shall rise without having made any determination on the above subject, that the Committee of Safety be empowered, and in such case hereby is empowered, to write to the com- mittees of the neighbouring Colonies respectively as the case may require, informing them of the inimical conduct of the inhabitants of the aforesaid counties to the security of the United Colonies, whereby they have forfeited the protection of this Congress, and therefore, that the com- mittees aforesaid be at liberty to take such measures with the enemies of America in those counties as they shall judge necessary, to put it out of their power to assist our common enemy. Provided the innocent and helpless be not injured in life or property, nor the lives or properly of the guilty unnecessarily or wantonly destroyed ; and to this end, that they enclose in said letter or letters a list of the delinquents. The committee appointed to form a regulation or ar- rangement for the militia of this Colony, delivered in their report, which was read, and the same "being read a second time, paragraph by paragraph, and many amendments and additions made thereto, and finally agreed to and resolved "•on, is in the words following, to wit : " RULES AND ORDERS, " For arranging the rank of the officers of the militia of the Colony of New-York : " 1st. The major-general to be commander-in-chief of all the militia now embodied and hereafler to be embodied within this Colony. " 2d. The brigadier-general for the brigade of the city and county of New- York, the counties of Kings and Rich- mond to be the second in command. " 3d. The brigadier-general of the brigade of the city and county of Albany and county of Tryon to be the third in command. JOURNAL OF THE PROVINCIAL CONGRESS. 231 " 4th. The brigadier-general of the brigade of the coun- ties of Suffolk and Queens to be the fourth in command. " 5th. The brigadier-general of the brigade of the coun- ties of Ulster and Orange to be the fifth in command. " 6th. The brigadier-general of the brigade of the coun- ty of Westchester to be the sixth in command. " 7th. The brigadier-general of the brigade of the coun- ty of Dutchess to be the seventh in command. " 8th. The brigadier-general of the counties of Char- lotte, Cumberland and Gloucester to be the eighth in com- mand. " 9th. The majors of brigade to take rank in the man- ner above mentioned according to the priority of the bri- gade they shall respectively belong to. " 10th. That the commissioned officers of equal dignity of the several regiments of militia in the different counties shall take rank and precedence according to the following arrangement : " Of the city and county of New- York, 1 " " Albany 2 " Suffolk, 3 " Ulster 4 " Westchester, 5 " Orange, 6 " Dutchess, 7 " Kings, 8 " Queens, 9 " Richmond, 10 " Tryon 11 " Cumberland, 12 Charlotte, 13 " Gloucester, 14 " 1 1th. The rank of some of the battalions or regiments and companies in some of the counties being settled, either by the colonel already chosen or appointed, or by the gene- ral committee of the county, it is recommended that the several committees in this Colony where such arrange- ments are not already made, do follow the example in ar- ranging the battalions and companies within their respec- tive counties, and transmit a copy of such arrangements to the Secretary of the Provincial Congress, or Committee of Safety for the time being. " 12th. That the colonel of the first regiment in any county in this Colony shall take rank of a colonel of any second regiment of any other county, notwithstanding the seniority of said county, and so on with respect to second, third, &c. regiments, and that the same rule be observed with respect to the rank of inferior officers. " 13ih. That the officers of the minute men when in ac- tual service do take rank of the officers of the militia." Ordered, That a copy thereof be engrossed and given to a printer to be published in the same size with the other regulations for the militia. Resolved, That the present Delegates of this Colony in Continental Congress be requested to make such an ar- rangement among themselves as that five of them only continue at Congress and represent this Colony at any one time, and that in case of the necessary absence of any one or two of the Delegates so attending accordingly to such arrangement, that three or four of them be a quorum and enable dto represent the Colony during such absence. Resolved, That the militia of Orange Town and precinct of Orange, be formed into and constitute one regiment, and that the militia of Haverstraw precinct be formed into and constitute another regiment, any thing in the former resolutions of the Provincial Congress of this Colony to the contrary notwithstanding. Resolved, with the consent of the members of Ul- ster county now present, That Ulster county jail or such part thereof as may be necessary, be used and taken as the jail of this Congress, and for the confinement of any such prisoners as may be ordered to be confined by this Congress or their Committee of Safety, that such prison- ers as shall be there confined, shall be confined at their own expense respectively, but if they are unable to pay the expense, then that they be confined at the public expense of this Colony. And Ordered farther, That John Blackler be sent to Ulster county jail, and there confined until the farther order of this Congress or their Committee of Safety. DIE VENERIS, 9 ho. a. m. December 22d, 1775. The Congress met pursuant to adjournment. Present — John Haring, Esqr. President pro tern. Mr. Scotl, Col. McDougall, Mr. Sands, Capt. Rutgers, Mr. Imley, Mr. Ray, Mr. Beekman, (Col. Brasher, Mr. Van Zandt, absent on duty, by order.) — For New-York. Col. Van Rensselaer, Capt. Cuyler, .Mr. Gansevoort, Mr. Bleecker— For Albany. Mr. Wynkoop, Mr. Cantine, (Mr. Palmer absent on duty, by order.) —For Ulster. Mr. Humphreys — For Dutchess. Dr. Graham, Major Lockwood, Mr. Paulding — For Westchester. Capt. Wickham, Mr. Tredwell, Mr. Gelston— For Suffolk. Mr. Haring, Col. Hay, Mr. Clarke— For Orange. Mr. John Moore— For Tryon. Mr. Spooner — For Cumberland. A letter from General Washington of the 17th De- cember inst. was read, and is in the words following, to wit : " Cambridge, December 17th, 1775. " Sir — I yesterday received the enclosed information from several persons who lately came out of Boston, which I thought it my duty to transmit to you. " Whether these troops are embarked I cannot undertake to say, but if they are, it is more than probable that their destination mav be very different from what they gave out in Boston, and that they were only used as a feint. It is certain that several ships sailed from thence yesterday morning. " I am, sir, your humble servant, " G. WASHINGTON. ,! To the President of the Honble. Convention at New- York." The, information therein enclosed was read and filed, and is in the words following, to wit : i" Chelsea, December 16th, 1775. " Last evening eight men came in a boat from Boston to our guard at the ferry. They say that one regiment of foot and three companies of light horse were to sail for Halifax this day, and that the troops were putting water on board the transports." " Dorchester, Deer. 16th, 1775. " This morning eight large and two small vessels taken for tenders, sailed out of Boston harbour. By their firing they appeared to be going a voyage to sea. " Mr. Joshua Pies came out of Boston last night and informs that a regiment of foot and some companies of light horse were preparing to embark for Halifax." Resolved, That the Committee of Safety of this Colony, appointed by this Congress be empowered to apply £1000 to the relief of such indigent poor of the city of New- York for whom the corporation may not have made provi- sion, and that it be determined by this or some future Congress to what account this sum shall be placed. Whereas discontents have arisen in the minds of many of the citizens of New-York by a practice of some of the inhabitants to visit the King's ships of war, which if con- tinued may be productive of disorder among the citizens and disputes between them and the officers and men be- longing to such ships, which this Congress wish to pre- vent. Therefore, Resolved, That it be recommended to the inhabitants of this Colony to refrain from going on board of any of the King's ships or vessels of war, without leave of the com- mittee of a county in this Colony or the Committee of 232 JOURNAL OF THE PROVINCIAL CONGRESS. Safety or their respective chairmen, until the further order of this or some future Congress. Whereas sundry persons whose conduct in the neigh- bouring Colonies of which they are respectively inhabi- tants, have been unfriendly to liberty and occasioned their removal into this Colony, and should such removals con- tinue, the number of disaffected persons in this Colony will be increased, and the same be disreputably considered as an asylum for enemies to the liberties of America : Resolved, That every person, not an inhabitant, enter- ing into this Colony, shall be furnished with a certificate from the committee of the jurisdiction wherein he last re- sided, lhat he is friendly to the liberties of America, or be subject to be dealt with as a person inimical thereto. Resolved, That the Committee of Safety be empower- ed, and hereby is empowered to purchase, and secure and lodge in places of safety, at the public expense, as much pitch, tar and turpentine as the said committee may think necessary for the public use and public safety. A return from William Smith and Josiah Smith, two of the committee of Suffolk county, and members of the sub-committees of St. George's and Merrites, which was read and filed, and is in the words following, to wit : " Mere. St. George's, December, 15th, 1775. " Gentlemen — There has enlisted as minute men, se- venty able bodied men within the bounds of Brookhaven, Smith Town, Mare. St. George's and the pattenship of Meretches, who have chose Danl. Roe of Brookhaven, their capt. ; Hugh Smith of Merilches their first lieut. ; Caleb Brewster their 2nd, of Brookhaven ; and their en- sign, Ebenezer Phillips, of Smith Town : and as Hugh Smith and David Fanning, the first and second lieuts. of the 3rd company in Brookhaven, whereof Nathan Rose is capt. have enlisted in the minute service, the company ^she should return with arms and ammunition ed at any of the French islands, he proposes to dispose of said cargo at St. Eustatia, or any other Dutch, Danish or French port. We also report that a vessel can be had on the following conditions, vizt : A vessel lhat will carry about 40 tons provisions, is entitled for com- mon freight, £150 Insurance on vessel valued at £700, at 10 per ct. including allow- ance for common risk, 70 1 mo's. hire in going from island to island to dispose of her cargo and to obtain the powder, 60 .£280 We further report in case this powder is to be had, and this vessel is to return with the same, that she be allowed for her common freight home, the sum of £100 Insurance on said vessel to run all risks of vessel, valued £700, at 20 per cent, 140 £240 " We further propose, in case there should be opportuni- ty, to ship the said powder in any other fast sailing vessel, that privilege be granted for the same, and the above vessel be discharged : this plan we conceive will be much to the Congress's advantage — as it may be freighted home for less than half what must be paid this vessel for ; but in case there should not be an opportunity to ship it home in another vessel, that then this vessel agrees to bring it for the above sum of £240." Resolved, That this Congress does agree to the above report, and direct the said committee to carry the same into execution at the risk and on the behalf of the Con- gress of this Colony ; and the Congress agrees to allow the sum of £280 for the outward bound voyage of the said vessel, or so much thereof as shall become due — and £240 for her freight and insurance back to this Colony, if have chose John Smith of the Mare. St. George's, theii 1st lieut. ; Wm. Baker of Brookhaven, their 2nd lieut. ; and Doxey Lane of the Manr. of St. George's, their en- sign. The choice of each of the above companies was made in the presence of us, the subscribers, who are of the committee. The minute men, (who there appears to be great need of to still intestine disaffection to our com- mon cause,) want powder, balls, guns, drums, colours, and other necessaries which here are not to be had, and if to be bought, a great part of the company not able to pur- chase. Your supply or direction in these points will be agreeable to " Your humble servants, "WILLIAM SMITH, "JOSIAH SMITH. " P. S. Pray let the commissions be handed down soon. " The President of the Provincial Congress, now sitting in New-York." Ordered, That commissions be issued to those gen- tlemen accordingly. The first paragraph of the powers of the Committee of Safety relating to militia commissions was read and ex- plained, and sundry debates [arose] thereon. And there- upon, Resolved and agreed, That the Committee of Safety have the same powers as to the nomination and election of officers, and the granting and refusing of commissions to officers of every rank, as this Provincial Congress while sitting. Mr. Sands from the committee appointed to plan and report a voyage to the West Indies to obtain ammunition, delivered in a report of such voyage, which was read and filed, and is in the words following, to wit : " The sub-committee appointed to employ a sloop for the Island of Martinico Gaudeloupe or St. Eustatia, Keport : " That they think it necessary to load her with provi- sions on account and risk of this Congress, and proceed first to said French islands in order to get permission to sell her cargo there. If no permission should be grant- A letter from Johannes Hardenbergh, Esqr. of the 15th inst. directed to this Congress was read ; he therein men- tions that he had had a meeting with sundry gentlemen therein mentioned, and requests commissions for Colo- nel Abraham Haasbrouck as colonel, Johannes Snyder lieut. colonel, and Jonathan Elmendorph and Adrian Wyn- koop, majors. A letter from the committee of Kingston, dated on the said 15th day of December inst. was also read ; the said committee thereby request that the committees of King- ston and Hurly may be permitted to nominate and recom- mend proper gentlemen for field officers for the said regi- ment. The Congress took the said letters into consideration, and thereupon Ordered, That the said letters be referred to the county committee of Ulster county. That the chairman of the said committee be directed by written notices to the mem- bers, to summon, or cause to [be] summoned, the whole county committee at some proper time and place for that purpose, giving full notice of such meeting at least one week before the time of such meeting ; and it is recom- mended to the said county committee to use their best en- deavours to settle all disputes and difficulties about the field officers in the most amicable manner, and to recommend such gentlemen to this Congress or their Committee of Safely for field officers of that regiment as will be most fit to do the duty to each of them respectively belonging, and be most acceptable to the inhabitants and to the mili- tia to be under their command. On motion, Resolved, That besides the powers heretofore vested in the Committee of Safely for appropriating and applying moneys, they be authorized to appropriate and apply any sum not exceeding £50,000, to be laid out in such man- ner as they shall think proper for the defence and security of this Colony, and to be raised by drafts on the treasury of the Provincial Congress of this Colony ; and in case of a deficiency of the said treasury to answer the said pur- JOURNAL OF THE PROVINCIAL CONGRESS. 233 pose, such deficiency to be supplied by a vote or votes of the said committee on the credit of this Colony, to be made good by this or some future Provincial Congress. Dissentients — Mr. Gansevoort, Col. Van Rensselaer and Mr. Paulding. Resolved unanimously, and Ordered, That if John Lef- fertse, Esqr. should refuse to act as a member of the Com- mittee of Safety, in such case Joseph Hallelt be a mem- ber of the said Committee of Safety in his stead ; and that on the refusal of Mr. Leffertse, the committee shall be, and hereby is empowered to call in Mr. Hallett to take his seat. And Resolved and Ordered unanimously, That in case of the inability or refusal of Peter R. Livingston to attend the said Committee of Safety and take his seat as a mem- ber, Mr. Henry Othoudt be a member of the said com- mittee in stead of Peter R. Livingston ; and the first of those two gentlemen who attends and acts as a member, shall continue the member of the said committee, and not be changed for the other of them. 59 JOURNAL OF THE COMMITTEE OF SAFETY. In Committee of Safety for the Colony of New-York, during the recess of the Provincial Congress. DIE MERCURII, a. m. January 3d, 1776. Several gentlemen of the Committee of Safety have at- tended daily since the recess of Congress, but have not had members sufficient to form a quorum until this day, when the following gentlemen attended, to wit : Col. Pierre Van Cortlandt, Col. McDougall, Mr. Scott, Mr. Sands, Mr. Brewster, Mr. Clark, Mr. Spooner. The gentlemen present unanimously chose Col. Pierre Van Cortlandt, Chairman of the Committee of Safety. Mr. Nichs. Low attended on the Committee and offered to them 465 quarter casks of gun powder. The Commit- tee agreed to pay Mr. Low £20 per hundred for the said gun powder, which is the price Mr. Low requests. Mr. Low agrees to deliver 18 quarter casks of the said gun powder to the order of this Committee in Elizabeth- town, and the residue in the city of New-York to the order of tbis Committee, in two equal moieties in two different nights. The Committee adjourned to 3 o'clock P. M. 3 ho. P. M. January 3d, 1776. The Committee met pursuant to adjournment. Present — P. Van Cortlandt, Esqr. Chairman. Col. McDougall, Mr. Scott, Mr. Sands, Mr. Brewster, Mr. Clark, Mr. Spooner. A draft of a letter to Jonathan Hampton, Esqr. chair- man of the committee of Elizabethtown, was read and ap- proved of, and is in the words following, to wit : " In Committee of Safety for the Colony of New-York, ~1 " During the recess of the Provincial Congress, > "New-York, Jan. 3d, 1776. S " Jonathan Hampton, Esqr. " Sir — We have obtained a very small supply of pow- der, which enables us to repay that so kindly lent us by the good people of your Colony, for the use of the Continental army. We have directed 18 quarter casks to be delivered to you or your order, to repay the quantities borrowed of the respective committees of Elizabethtown, Woodbridge and New-Brunswick, and request you to take the trouble of delivering to each their proper quantity. " We were only a conveyance of that loan to the Con- tinental army, and we take this first opportunity in our power to repay it, with our most grateful acknowledg- ments, which we pray you to communicate. " We are most respectfully, sir, " Your very hble. servts. " To Jonathan Hampton, Esqr. Chairman of the Committee of Elizabethtown." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. Ordered, That so much of the said gun powder now purchased by this Committee as shall be sold, be sold at the rate of 5s. per pound, and that no greater quantity than half a pound be sold to any one person. Col. McDougall informed the Committee that some days ago he received a letter from Mr. Lewis Pintard informing him that a vessel from Hispaniola with gunpowder on board, was on this coast ; that he apprehended Delaware river was so obstructed with ice that the vessel would not be able to enter there, and that therefore there is reason to expect her to attempt coming into this port ; and that Mr. Pintard had farther informed him, that if this vessel suc- ceeded in her voyage, an armed vessel was ready at His- paniola to follow her with a like cargo. Col. McDougall, farther informed the Committee, that no proper pilot boat could be obtained to go to Sandy- Hook to look out for the said vessel, to navigate her to a place of safety ; and that by the advice of the other members of the Committee then present he had purchased a whale boat, with oars, for $27, and had employed Capt. William Dobbs at 10s. per day, and four other men at 5s. per day each, besides their necessary provisions and expenses, and given them proper directions and sent them to Sandy-Hook to watch and look out for the said vessel, there to remain 8 days, if the said vessel did not arrive sooner. The Committee of Safety fully approved of and ratified 236 JOURNAL OF THE COMMITTEE OF SAFETY. the said agreement made by Col. McDougall, and direct him to return an account of the expenses to this Committee, as soon as he can ascertain the same. Col. McDougall farther informed the Committee that by advice of the other members of the Committee then pre- sent, he had detained Robert Barber, John Bain and James Henry, three persons experienced in preparing artillery stores, (and who had been determined to go to Philadel- phia ;) that he had agreed with them at 3s. per day each, besides some allowance for provisions, and they are now gone to work, in the laboratory at the upper barracks. The Committee fully approve of, and confirm this agree- ment. Mr. Bernard Romans, the engineer, attending at the door was called in ; he produced a plan of the fortifica- tions at the Highlands, which, with Mr. Romans' expla- nations thereof, were considered by the Committee. After some time spent therein, the Committee conceived it pro- per that Mr. Romans be permitted to lay his plan, with his explanations thereof, before the Continental Congress, that they may have every information that can be offered them relating to the state of, and place of erecting the said forti- fications. Thereupon a draft of a letter to the Honble. the Conti- nental Congress was read and approved of, and is in the words following, to wit : " Sir — As it is an object of great moment with us as well as the Continental Congress, to have the important pass on Hudson river properly secured and fortified, we think it our duty to furnish them with all possible informa- tion on the subject ; for this purpose we send Mr. Romans, the engineer employed in that department, who is prepared to lay before Congress his drafts, with the necessary infor- mation. We beg leave to mention that the place at which the works are erected was fixed before Mr. Romans was employed in the service, and from his ideas of the matter, the place can not be rendered sufficiently secure for a lodg- ment of troops, and to answer the end of a fortified pass, without more expense than our commissioners appointed to superintend that business, think prudent, besides which they observe that his scheme cannot be completely ex- ecuted with that despatch the service may require. Mr. Palmer, in conjunction with the rest of the committee appointed by our Congress to remove the difficulties oc- casioned by a difference of opinion between the commis- sioners and engineer, has doubtless pointed out to Congress certain places on the river which would better answer the purposes of a temporary defence, and at much less expense than will necessarily attend the execution of Mr. Romans' scheme. We are fully of opinion that the places in Mr. Palmer's proposal, ought by all means be covered with fortifications that will cost but little, and command two considerable reaches of the river. We at the same time submit it to the consideration of Congress, how far the completion of the fortifications already begun ought be car- ried on, either upon Mr. Romans' plan, or that which has doubtless been proposed by Mr. Palmer, as the sense of our committee who were sent to view the works. We hope that this application, while Mr. Palmer is attending on the Congress, will not be construed to his disadvantage. Had we been possessed of Mr. Romans' plan in its present complete state, and had he been in town at the time of Mr. Palmer's departure, we should have required his accom- panying that gentleman, and as there is some prospect that Mr. Romans may reach Philadelphia before the plan of fortification is finally determined by Congress, we should think ourselves inexcusable in withholding from them any means for enabling them to determine so important a mat- ter, on the best lights in our power to furnish. " We are, sir, with the greatest respect, " Your most obt. hble servants, " By order of the Committee. « To the Honble. the President of the Continental Congress, Philadelphia." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of this Congress, advance to Mr. Bernard Romans, as engineer at the fortifications on the banks of Hudson river, in the Highlands, the sum of fifty dollars on account of his pay, and take Mr. Romans' receipt for the same. Ordered, That Mr. Wm. Lowther be permitted to sup- ply one hhd. of rum, or spirits, to the purser or officers of His Majesty's ship Phoenix, and to have the same conveyed on board of the said ship. The petition of George Coffin expressing his contrition for his past conduct, asking pardon of his countrymen, and praying to be restored, was read and filed. The Committee conceive they are not enabled to grant the prayer of the said petition. Ordered, That it be deferred for the consideration of the Provincial Congress, and recommended to the Congress by this Committee. DIE JOVIS, 10 HO. A. M. Jany. 4th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Col. McDougall, Mr. Sands, Mr. Brewster, Mr. Clarke, Mr. Spooner. A draft of a letter to the chairman of the respective com- mittees in several counties, was read and approved of, and is in words following, to wit : " New-York, January 2d, 1776. " Sir — We are well informed that the late General As- sembly of this Colony is dissolved, and that writs are already made out for electing representatives in the several counties so early as that they may meet in General Assembly at New-York on the 14th of next month, and that they will be summoned to meet on that day. Government for some reasons has thought proper as yet to delay the publication of the dissolution of the late Assembly. We will not take upon us to assign any reasons for this secrecy ; you may easily conjecture the cause. We have thought it our in- dispensable duty to give you the above intelligence, that you and the friends to liberty in your county may not be taken unaware, and surprised into an election without time to consult and prepare for it. We pray you to speak to the leading friends of liberty in your county ; get some of them to meet and determine on men of real spirit and inte- grity, and friends to their country, to represent you in this perilous day. When you have fixed on proper men, let no time be lost in taking every necesssary care and pains to secure their election." Ordered, That five several copies thereof be engrossed, and signed by the Chairman, and that one be directed to Dirck Wynkoop, Esqr. at Kingston ; another to Abraham Yates, Junr. Esqr. at Albany ; another to the chairman of the committee of Tryon county ; another to Jonathan G. Tompkins, chairman of the committee of Westchester county ; and another to Col. Jos. Drake at New-Rochell. Which was done accordingly. Mr. Thomas McFarran attending was called in. The Committee conversed with him on the subject of shipping flaxseed to Ireland, to obtain gunpowder. Thereupon a draft of a letter to the Continental Con- gress was read and approved of, and is in the words fol- lowing, to wit : " In Committee of Safety for the Colony of New-York, ) " During the recess of Congress, \ " January 4th, 1776. ) "Gentlemen — We have engaged two vessels to de- spatch with produce to Europe, for the purpose of procur- ing arms and ammunition, but the season of the year has prevented wheat from coming to market to expedite them so early as we could wish, to have a return in proper time. JOURNAL OF THE COMMITTEE OF SAFETY. 237 In these difficulties we are unable to get bills of exchange, or gold and silver to despatch those vessels, which we fear will totally defeat our design. We have therefore been led to cast our attention on flaxseed, as the only commodity in our power which will rid us of our difficult ies, but find that the resolution of Congress permitting the exportation of produce for ammunition, is confined to the foreign islands. As our safety depends upon the country being well sup- lied with powder, we submit it to you whether the sense of Congress should not be taken without delay, on our exporting two cargoes of flaxseed to purchase powder. The measure recommends itself by several considerations ; there is the highest probability of procuring powder in Ireland at a moderate rate. If this should not be the case, the flaxseed will sell at an advanced price there, and be a fund upon which we can draw from any quarter of the world. And if the enemy should take the vessels, the supply will not be so prejudicial to us, or beneficial to them, as the loss of provision vessels. We request you to get a speedy answer on this point, and transmit it to us by ex- press for our government. " We are, with great truth and regard, " Gentlemen, " Your very humble servants. t " By order of the Committee of Safety. " To the President of the Continental Congress, Philadelphia." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. A letter from Mr. Joseph Hallet to John McKesson, one of the Secretaries, (in answer to a letter by order of the members,) excusing his non-attendance by reason of indis- position, and accompanying his accounts with the Provin- cial Congress, was rtad and filed. A stitched book, containing Mr. Hallett's said accounts with the Provincial Congress, was also delivered to the Secretary. Die Jovis, 3 ho. P. M. Jany. " Januy. 9th, 1776. ) " Whereas full information has been given to this Com- mittee, that Lawrence Hartwick betrayed a trust reposed in him by Lieut. Edward Tyler, an officer of the Conti- nental army, now a prisoner on board the ship Asia : And whereas further information has been given to this Committee that of other particular conduct and declara- tions of the said Lawrence Hartwick, highly inimical to the present measures pursued by the inhabitants of the American Colonies for the defence of their liberties : Therefore, " Ordered, That the said Lawrence Hartwick be appre- hended by Capt. Natl. Tyler or by any other militia officer of this city, with a sufficient guard for that purpose, and car- ried to the guard house at the upper barracks in this city, and there confined until the further orders of this com- mittee. " Ordered, That a copy thereof be engrossed and signed by the Chairman, and delivered to Captain Tyler." A letter to each of the following absent members of the Provincial Congress, a copy of that drawn and agreed to on the 8th instant, was sealed and forwarded, to wit : To Ezra L'hommedieu, Esqr. at Southold ; David Gelston, Esqr. at Bridge-Hampton ; John Sloss Hobart, Esqr. Manor of Eaton; Brigadier-Genl. Nathl. Woodhull, at South-Haven ; Thomas Wickham, Esqr. at Brook-Haven; David Brown, Esqr. at Shelter Island. An introduction to the copies of the petition of the Con- tinental Congress to His Majesty, and the address of the Lord Mayor and Livery of London, to the Electors of Great Britain, intended to be reprinted in this Colony, was read and approved of, and is in the words following, to wit: " To the Inhabitants of the Colony of New-York : " To prevent as much as possible the evil consequences which may arise from the assertion that the ' Continental Congress have made no approaches towards an accommo- dation with Great Britain,' the Committee of Safety of the Colony of New-York, have directed the following pe- tition of the Continental Congress to His Majesty, and the address of the Lord Mayor and Livery of London to the Electors of Great Britain, occasioned by that petition, to be published. " In the present unhappy controversy we can call for no evidence so unexceptionable to the deluded enemies of America, as the testimony of the inhabitants of the capi- tal city of Great Britain. Every information on this sub- ject coming from among us, might perhaps be considered as passing through a suspicious channel ; but when we appeal to those, who, if we have engaged without grounds in the present contention, are immediately interested against us, every unprejudiced reader must be convinced that their voluntary testimony in our favour is full proof of the justice of our cause. " And it is for this purpose that the above mentioned address is recommended to the serious consideration of the inhabitants of the Colony of New-York. " By order of the Committee, " PIERRE VAN CORTLANDT, " Chairman. "Jan. 9, 1776." [ The contents of the pamphlet above referred to were, 1st. The above address or introduction. 2d. The petition of the Continental Congress of July 8, 1775, to His Majesty. 3d. Address of the corporation of the city of London to the electors of Great Britain. 4th. Part of the speech of the Earl of Chatham in the House of Lords, Jan. 20, 1775.] 242 JOURNAL OF THE COMMITTEE OF SAFETY. 3 ho. P. M. Jany. 9, 1776. The Committee of Safety met pursuant to adjournment. Present Pierre Van Cortlandt, Esqr. Chairman. Col. McDougall, Mr. Scott, Mr. Brewster, Mr. Clarke, Mr. Tredwell, Mr. Sands, Mr. Spooner. Pursuant to return of an election in the presence of Garret Abeel and Abraham Brinckerhoff, two of the com- mittee of the city of New- York, commissions were issued for the officers of beat No. 13 in the said city, to wit: To David Wolf capt., Joseph Winter 1st lieut., Christ. Wolf 2d lieut. and Philip Phoenix ensign. A draft of a letter to the committee of Cumberland county was read and approved, and is in the words follow- ing, to wit : " In Committee of Safety for the Colony of New-York, ) " During the recess of the Provincial Congress, > " New-York, Jany. Wi, 1776. ) " Gentlemen — We enclose you a certified copy of sun- dry resolutions of the Committee of Safety as to your county ; they are so plain they need no comment. " We are extremely sorry to find that jealousies and di- visions subsist in your county at this late day, when your whole militia ought to have been fully organized and regu- lated and in the best order and discipline. This gives us the greater chagrin and anxiety, because we expected your county was so firmly attached to ihe cause of American liberty, that in proportion to your numbers and strength, you would have been more forward and in greater readi- ness than other parts of the Colony where ministerial measures might be expected to have spread their baneful influence. " We entreat, we pray and obtest you, as you tender not only your own welfare and happiness, but also the success of the American Colonies in their present struggle for liberty, that you exert yourselves to put an amicable period to all dissensions in your county, and bring about a perfect union among the inhabitants, and for this purpose, that you cause a large, respectable county committee to be elected in your county, (if that has not already been done). All the difficulties arising in smaller matters, we would hope your county committee would easily accommodate, and that their determinations would be cheerfully acquiesced in. At the same lime that we earnestly recommend unanimity and harmony to all the good people of your county, and a proper spirit of prudence, discretion and direction to your county committee, and their sub-committees, if they have any such, give us leave to press on you to distinguish yourselves by setting an example of obedience to your military officers, and of care in acquiring military disci- pline, and that you inculcate the same good conduct on all the people of your county. " Let every son of freedom employ his utmost efforts that our attachment to the rules of Congress, our military subordination and skill, according to their plan and direc- tions, and our attachment to good order and government may distintinguish us from our enemies as much as the glorious cause we are engaged in. " We are respectfully, gentlemen, " Your very humble servts. " By order of the Committee of Safety. "To the Chairman and Members of the County Committee, Cumberland county." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted by Doctor Spooner. Mr. Peter T. Curtenius delivered in an account of the lead which he has as yet been able to procure in obe- dience to the late order of the Provincial Congress, amount- ing to 8,5081b. The same was filed. DIE MERCURII, 10 ho. a. m. January the \0th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Col. Mc. Dougall, Mr. Sands, Mr. Tredwell, Mr. Scott, Mr. Brewster, Mr. Clarke, Mr. Spooner. Mr. Nichs. Low, attending at the door, was admitted ; he informed the Committee that he had received informa- tion that Lord Sterling had a design to use the vessel of Mr. Isaac Governeur, now at Elizabeth Town Point, to seize despatches from on board of the ship bound for Lon- don, and under the command of Capt. Cooper. Thereupon a draft of a letter to Lord Sterling was read and approved of, and is in the words following, to wit : " In Committee of Safety for the Colony of New-York, 1 " During the recess of Provincial Congress, > "New-York, lOlh Jany. 1776. ) " My Lord — While we entertain the highest sense of your zeal in the public service, permit us to inform you, that we have this moment received advice of your design to employ a sloop now loading at Elizabeth Town Point, under the protection of this Committee and the direction of Mr. Nichs. Low, of this city, to seize the despatches now on board Capt. Cooper ; though we do not altogether rely on this advice, yet, lest it should be well founded, we beg leave to inform you, that such an expedient will, in our opinion, be prejudicial to the common cause. You doubtless know, my lord, upon what errand she came to this Continent. Should any steps be taken on our part that may embarrass those of our friends abroad, who are running risks to serve us, we must necessarily lose their assistance in an article of the utmost importance to us. We can divine no reason why that sloop should be pre- ferred to many others in New-Jersey equally fit for the service, unless it is that the few swivels she has mounted may denominate her an armed vessel ; should this be the reason for preferring her to any other, the purpose may be effectually answered by borrowing those swivels and mounting them in some other vessel. If your design should be such as we have mentioned, we beg that the ex- pedient proposed by us may be adopted in preference to the one which will naturally discourage our friends abroad from continuing their friendship towards us. " We are, with great respect, my lord, " Your lordship's mo. obt. servts. " By order of the Committee of Safety. " P. S. We beg leave to inform your lordship, that we have understood the ship will be convoyed to sea by a company of marines in a pilot boat." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and delivered to Mr. Low. N. B. Mr. Low having discovered that the information he had received was without any foundation, and this let- ter unnecessary, returned it to the Committee of Safety on the 1 1th, and it was ordered to be destroyed. Thomas Merrit, who was apprehended and brought be- fore the Committee by some of the inhabitants, on infor- mation of persons from Westchester county, that he had declared he had seen people casting great quantities of bullets to kill the whigs, and that he knew where great quantities of those bullets were, was examined. Notes of his examination are filed. The witnesses against him were examined in his pre- sence, and Merrit and the witnesses withdrew. There- upon Ordered, That the said Thos. Merrit be discharged, and he was charged from the Chair to be more cautious of his declarations and reports for the future. JOURNAL OF THE COMMITTEE OF SAFETY. 243 Pursuant to a return of an election of officers in beat No. 14 of the city of New-York, in the presence of Gar- ret Abeel and Abraham Brinckerhoff, two of the committee of the said city, commissions were issued to the following officers, to wit : Pardon Burlingham captain, Henry York first lieutenant, Thomas Van Pelt second lieutenant, and Anthony Ford ensign. Die Mercurii, 3 ho. P. M. January \Qlh, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Col. McDougall, Mr. Sands, Mr. Scott, Mr. Tredwell, Mr. Brewster, Mr. Clarke, Mr. Spooner. Letters to sundry members of the Provincial Congress, each letter being a copy of that drawn and agreed to on the eighth inst. were sealed, directed and despatched. Col. Palmer returned from the Continental Congress and brought to the committee chamber the money sent from Congress by him and Col. Brasher. The Deputy Treasurer being this evening from home, with the consent of Mr. Sands, Ordered, That the said money be deposited in a strong iron chest at his house, and the key of the said chest given to Col. Palmer or Col. Brasher. A certified copy of resolutions of Congress, dated the 5th Jany. inst. respecting the fortifications in the High- lands, were read and filed, and are in the words following, to wit : "In Congress, January 5th, 1776. " The Congress resumed the consideration of the report of the committee on the state of New-York, and having consulted the gentlemen sent to Congress by the conven- tion of New- York, the same was agreed to, as follows, to wit : " Resolved, That for the reasons contained in the pa- pers hereunto annexed, this committee are of opinion that no further fortifications ought to be erected at Martler's Rock, on the Hudson river, and that a point of land at Pooplopen's kill, on the said river, ought, without delay, to be effectually fortified. " Resolved, That it be recommended to the Convention, or in their recess, the Committee of Safety of New-York, to carry into execution the above resolution. " Extract from the minutes. " CHAS. THOMSON, Secy." Col. Brasher, who is a member of the Committee of Safety, being returned from Philadelphia, Doctor Spooner renewed his solicitation for leave to return to his county, and which he had for several days been encouraged to ex- pect when another member should arrive. The Commit- tee being of opinion unanimously that it is necessary Dr. Spooner should return to his county to carry up the writ for an election of Representatives in General Assembly ; the commissions for the field officers of the militia ; and the letter from this Committee ; and to endeavour to re- store unanimity and harmony among the inhabitants, it is agreed that he have leave of absence. And whereas, it is inconvenient for Dr. Paul Spooner to return to the county of Cumberland, which is very dis- tant, without a small supply of cash for that purpose, and it appears to the Committee that his return there at pre- sent may be useful, and he has solicited aid from the Treasury of the Provincial Congress on the credit of Cumberland county, for his relief, to be repaid in such manner as the Provincial Congress shall direct : Ordered, That Peter Van B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, advance to Dr. Paul Spooner or his order the sum of twenty pounds, on the credit of Cumberland county and of him- self, to be repaid in such manner as the Provincial Con- gress of this Colony shall direct, and that a copy of this order be a warrant to the Treasurer for that purpose. And Ordered farther, That until such payment made, Mr. Paul Sp ooner be, and remain, indebted unto the said Peter V. B. Livingston, Esqr. for the sum of twenty pounds, for so much cash lent, and at all events to be repaid by him- self if not repaid by the county of Cumberland. It was suggested to the Committee that a few copies of the proceedings of the Continental Congress first publish- ed, and also of their late proceedings, would be very use- ful in the committees of the respective towns and districts in Cumberland county. Ordered, That John Holt furnish 35 copies to Dr. Spooner for that purpose. DIE JOVIS, 10 ho. a. m. January Wth, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Mr. McDougall, Mr. Sands, Mr. Tredwell, Mr. Clarke, Col. Brasher, Mr. Brewster. A letter from the delegates of this Colony at Congress was read and filed, and is in the words following, to wit : " Gentlemen — The Congress has been so much in- cumbered with business, that it has not 'till now been in our power to write to you decisively on the subject of your several favours ; indeed the appointment of an officer to command in the Highlands still remains undetermined, though we doubt not the recommendation communicated in your letter of the 8th of December will have its due weight. " We highly applaud the spirit, and at the same time, respectful manner in which you have supported the dignity and independence of our Colony, and demanded reparation on the subject of the Connecticut inroad. An interposition so rash, officious and violent gave us great anxiety, as it was not only a high insult to your authority, but had a di- rect tendency to confirm that fatal spirit of jealousy and distrust of our eastern brethren, which has done so much injury to our cause, and which every wise and virtuous patriot should study to suppress. The government of Connecticut we are persuaded will not only do you the jus- tice which you have required, but adopt effectual means to restrain their inhabitants from similar attempts in future. In this expectation we shall lake the liberty to defer the application to Congress which you direct, until we are favoured with a copy of Govr. Trumbull's answer to your letter. " The enclosed resolution of Congress respecting the loan of £45,000 pounds on the credit of our Colony will we hope be no disappointment ; it is in our opinion founded on good reasons. The precedent would have justified every other Colony in soliciting the like indulgence, which could not, without gross partiality, have been refused. The faith of all must in every instance have been pledged to secure the payment, and consequently all exposed to the effects of mismanagement and want of economy in each separate government. The quantity of paper money would not have been diminished, the sum thus borrowed must in the course of the present contest have become enormous. Those objections, among others, operated so strongly against the measure that if we had thought ourselves at li- berty to exercise discretion, in the case of a positive in- struction, we should have declined an application, to which in our judgment we could not wish success. " The deputation from your convention respecting the fortification in the Highlands, was very proper and season- able ; they have conferred with a committee of Congress, and been heard by the House, and will inform you of every thing which occurred, so that it is needless for us to be explicit. " A copy of the resolution of Congress will be delivered to you by your Deputies to which we have nothing to add. " Mr. Secretary McKesson has furnished us with a copy of your resolutions respectingyour Delegates. This arrange- ment or something similar we had much at heart, as the 244 JOURNAL OF THE COMMITTEE OF SAFETY. constant attendance of so large a quorum as five would na- turally be precarious, especially when only that number were in town. " The defection of Queens and Richmond is much to be lamented ; a committee of Congress has that subject now under consideration, and it will not be long before their resolutions on that head will be communicated to you. " We have the honour to be, " With great respect, gentlemen, " Your mo. obt. and hble. servts. "PHIL. LIVINGSTON, " JAMES DUANE, "JOHN JAY, " HENRY WISNER, " WM. FLOYD. " P. S. — You have likewise enclosed a resolution of Congress respecting the enlistment of soldiers. " Philadelphia, 5th January, 1776." The resolution of Congress on the request of a loan to this Colony was read and filed, and is in the words follow- ing, to wit : " In Congress, 23rd Deer. 1775. " The committee to whom the application from the Con- vention of New-York for the loan of £45,000 pounds was referred, brought in their report, which being read was agreed to, as follows : " ' That, notwithstanding it appears to this committee that the credit of the Colony of New- York is unquestion- able, and their application for the loan of £45,000 was suggested by disinterested principles, yet, that it would not be advisable in the opinion of this committee for the Congress to make the loan proposed.' " Extract from the minutes, " CHAS. THOMSON, Secy." Resolutions of Congress respecting the enlistment of soldiers, therein enclosed, was also read and filed, and is in the words following, to wit : " In Congress, 26th December, 1775. " The report of the committee to whom was referred a paragraph of Lord Sterling's letter to the Congress, com- plaining that several of his recruits had been arrested and imprisoned for trifling debts, being taken into consideration was agreed to, as follows : " ' This committee have reason to believe that divers persons, either from inattention to the public good or with a design to retard the recruiting service, have arrested and imprisoned for very trifling debts, many soldiers who had engaged to risk their lives in defence of the rights and liberties of America ; and as it has always been found ne- cessary in time of war to regulate and restrain a practice of such pernicious tendency, and in such cases to abate the rigour of law ; "'Resolved, therefore, That it be recommended to the se- veral Legislatures in these Colonies, whether Assemblies or Conventions to pass acts or ordinances prohibiting the ar- rest of Continental soldiers for small debts, and in order thai the same rule may pervade all the Colonies, that no such sol- dier be arrested at the suit of any of his creditors, unless the said creditor make oath that the said soldier is justly indebted to him in the sum of 35 dollars over and above all discount ; and that the estate of no such soldier be lia- ble to attachment at the suit, or for the benefit of all his creditors, unless their debts in the whole on being ascer- tained by their oaths, shall amount to more than 150 dol- lars.' " Extract from the minutes. " CHAS. THOMSON, Secy." Col. Brasher and Col. Palmer informed the committee that they had obtained the sum of 50,000 dollars in Con- tinental bills at Philadelphia ; that four of the Delegates of this city, being in want of cash at Philadelphia, had requested a small sum thereof in part of their respective Demands for their services and disbursements as Delegates, which they had accordingly paid them and taken their se- parate receipts ; that they had brought with them bills to the amount of 48,400 dollars, and four receipts of the De- legates to the treasurer, amounting together to 1600 dol- lars. Ordered, That those gentlemen deliver the said bills and receipts of the Delegates, in the whole to the sum of 50,000 dollars, to Peter V. B. Livingston, Esqr. Treasurer of the Provincial Congress, and take a receipt of the said Treasurer, or his deputy, for the whole amount thereof. Col. Lasher, Col. Heyer and Col. Lott, according to order, iespectively attended the committee to give informa- tion of the states of their respective regiments. Col. Lasher and Col. Heyer respectively informed the committee their regiments were properly armed, accoutred and equipped. Col. Lott informed that a number of the privates of his regiment are without muskets or firelocks, and some of them unable to purchase, and that arms are so scarce that it is difficult to purchase. Those gentlemen farther informed the committee in substance, that the privates of the two first mentioned re- giments in particular, had done a great deal of duty, at much expense of time and money ; that the whole city mi- litia through the multiplicity and largeness of the guards required, have a considerable share of duty. That the least share thereof is borne or done by the most wealthy ; that many of their men are unable to purchase gunpow- der, and that others think they ought not to submit to that expense. Thereupon the committee agreed on two orders intro- duced by a recital, all which are in the words following, to wit : Whereas, it is the opinion of this committee that it will be necessary for the immediate safety of the Colony, that an half pound of powder be delivered out at the public expense to the several effective officers and privates of the militia and minute men of this Colony who are well af- fected to the public cause ; to the end that they may not have reason to complain of the want of means to answer the good purpose aforesaid: It is therefore, Ordered, That such quantities of the public powder be delivered out for the purpose aforesaid, under the following regulations, that is to say : 1st. That every colonel or in his absence, the next com- manding officer of militia and minute men in this Colony, do without delay make a return of the effective officers and privates in their respective regiments to this Committee, distinguishing therein such as are well affected as afore- said, to the end that such distribution as aforesaid may be made. 2dly. And to prevent any unnecessary expenditure of powder, it is hereby declared that the militia and minute men are not to depend on any farther supplies at the public expense. And it is further Ordered, That at every regimental or other muster, re- view, training or other military service, each militia and minute man whose duty it will be to attend the same, do attend furnished with as many cartridges, filled properly with powder and ball, as the quantity of half a pound of powder will be sufficient to fill in manner aforesaid ; and to prevent and punish neglects in those instances, that every commanding officer do at every such muster, review, train- ing or other military service, cause strict search to be made whether every person attending the same be duly provided in manner aforesaid. A letter from Tryon county committee received by the Albany post rider, was read and filed; this letter informs of their election of Deputies. Ordered, That it be reported and read to the Provincial Congress at their first, meeting after the recess. Sundry large accounts of Capt. John Grennell and Capt. John Hurlbut, who served in the last northern cam- paign were produced to the committee, and payment there- of solicited. The committee took the said accounts into examination JOURNAL OF THE COMMITTEE OF SAFETY. 245 and consideration, and after some time spent therein, are of opinion that as to sundry disbursements charged therein, the committee have not sufficient information to determine thereon ; that of other parts of those accounts they are not proper judges. That Major-Genl. Schuyler only is competent, and this committee incompetent for the settle- ment thereof. That it is the business and duty of a paymaster to pay those accounts, and the payment of military accounts ne- cessarily renders the accounts of the Congress of this Co- lony more complex and intricate, and may in the end be attended with loss of the Colony. Thereupon a draft of a letter to Major-Genl. Schuyler, was read and approved of, and is in the words following, to wit : " Sir — We are sorry to be obliged to point out to you a defect in the conduct of the paymaster under your depart- ment, which has in your multiplicity of business, doubtless escaped your attention, and proves a subject of great in- convenience to us, and delay to the public service. Our situation subjects us necessarily to the transaction of many matters purely of a Continental nature, in the course of which, repeated applications to the Continental Congress for money, are unavoidable. To this, however, we cheer- fully submit, but think it a great hardship that while a Continental paymaster is handsomely appointed, we should be under a necessity of making expenditures properly within the compass of his duty. By this means our ac- counts are rendered unnecessarily complex and intricate, which may, in the end, be attended with loss to this Co- lony. The disagreeable task of applying for money may be more frequent than we could wish, and the public ser- vice properly within our department is too often delayed by the expenditure of large sums to uses not regularly under our direction ; we therefore earnestly request you to direct, that the paymaster do for the future attend at this important post either in person or by deputy, to the end that we may be rid of a very disagreeable service, which in no wise belongs to us, and by that means be enabled to forward with more expedition those matters which properly fall under our direction. " We beg leave also to inform you that no resolutions of Congress for fitting up and clothing the troops in your department, have hitherto reached us, and to request of you to furnish us with such lights on this head, as may enable us most effectually to advance the public service. " We have the honour to be, " With the highest respect and esteem, sir, " Your mo. obt. hble. servant. " By order of the Committee of Safety. " Major-Genl. Schuyler, Albany." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Adjourned. Die Jovis, 3 ho. P. M. Jany. Uth, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Brewster, Mr. Clarke, Mr. Scott, Mr. Tredwell, Col. McDougall, Col. Brasher, Mr. Sands. The consideration of the great importance to the Co- lonies of having powder mills for the manufactory of gun- powder immediately, and the more especially as a large quantity of saltpetre is confidently said to be arrived at Philadelphia : Agreed, To recommend to Robert R. Livingston, Esqr. the re-erection of the powder mills, formerly built by the late Mr. Justice Livingston. Thereupon a draft of a letter to Robert R. Livingston, Esqr. on that subject, was read and approved of, and is in the words following, to wit : " In Committee of Safety for the Colony of New- York, ) " In the recess of the Provincial Congress, > " New-York, Uth January, 1776." ) " Sir — While we most heartily condole with you on the 62 loss of so significant a public character as that of your late worthy father, your known attachment to the public cause, will readily excuse our intermixing a few considerations of public utility, with our sympathetic expressions, on that distressing event. " We have full evidence of a large importation of salt- petre into Philadelphia. Our friends in New-England are pushing the manufacture of that article, and we hope our Congress at their next meeting will give all due encourage- ment to so useful a manufacture in this Colony. " In this view it is probable that there will be full em- ploy for powder mills, and for this reason we beg leave to recommend the re-erection of the patriotic work of the late Mr. Justice Livingston, to your immediate attention. " We are, sir, with great respect, " Your most obt. servants. " Rob. R. Livingston, Esqr. at his seat, Claremont." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. The committee consisting of only a quorum, directed a letter to be wrote to Peter R. Livingston, Esqr. and request his attendance. Thereupon a draft of a letter to Peter R. Livingston, Esqr. was read and approved, and is in the words following, to wit : " In Committee of Safety, } "During the recess of the Provincial Congress, > " New-York, 11th Jany. 1776. ) " Sir — The Committee of Safety, by the absence of yourself and another member, and the indisposition of some other members, are generally reduced to a bare quorum. Many things of importance are necessary and ought to be taken into consideration immediately. " If any of the members present should be indisposed, the committee may be without even a quorum, and the public business entirely suffer. The committee expected your attendance and assistance long before this day. " In case of your indisposition, or inability to attend, Mr. Henry Othout was appointed in your stead. " We pray that you attend, or that you endeavour that Mr. Othoudt attend without delay. " We are, respectfully, sir, " Your very humble servts." A similar letter, omitting those parts which relate to Mr. Othoudt, was sent to Mr. Imlay and Mr. Morris Graham. Sundry accounts were produced to the Committee, for billeting and pay of commissioned and non-commissioned officers and privates of the companies of minute men, who who have been stationed near the fortifications in the Highlands, for payment, and requests were made whether any, and how much if any thing is allowed, for the billeting of officers ? The billeting money for officers in the late campaign, having also been in part the subject of some late applications, the Committee determined to write to the Delegates of this Colony on those subjects ; and to request the resolutions of Congress as to the pay, clothing and es- tablishment of the new levies ordered to be raised. Thereupon a draft of a letter to the Delegates of this Colony at Congress, was read and approved of, and is in the words following, to wit : " In Committee of Safety for the Colony of New-York, ) " During the recess of the Provincial Congress, > "New-York, January 11th, 1776. ) " Gentlemen — The winter is wearing fast, and perhaps the approaching campaign may be an active one. In this view we conceive that every attention should be paid to promote the public service. " The commissioned and non-commissioned officers and privates of the minute men employed for the defence of the fortifications on Hudson's river are left at an uncertainty with respect to their pay, and for their billeting money, until they are provided for at the post, for which ihey are now applying to us. How discouraging this uncertainty will be to the service, and how much it is out of our power to remedy the evil, must be obvious. We must therefore 246 JOURNAL OF THE COMMITTEE OF SAFETY. request the most immediate resolution of the Continental Congress on that head. " The commissioned Officers in the late New-York bat- talions of Continental troops, think it a piece of justice to them to reimburse them for their billeting money, before they were supported on the public provisions. You will readily conceive how disheartening it must be to them to be left saddled with a certain loss to which they must infal- libly be subject if public provision be not made for their reimbursement ; without this, they will engage afresh with great reluctance : they are continually applying to us on this head, but you well know we are incapable of giving them the relief sought for. This must be had from the Continental Congress. We beg you to procure their speedy resolution on this head. " The resolutions of the Continental Congress as to the pay, clothing and billeting money, for recruiting the four battalions with the utmost despatch, we most ardently re- quest. " We are, with the highest respect and esteem, " Gentlemen, your mo. obt. hble. servants, " By order of the Committee of Safety. " To the Delegates for the Colony of New-York at Congress, Philadelphia." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. DIE VENERIS, 10 ho. a. m. J any. 12th, 1776. The Committee met pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. Chairman. Col. McDougall, Mr. Scott, Mr. Tredwell, Mr. Clarke, Col. Brasher, Mr. Brewster, Mr. Sands. A letter from Egbert Benson, Esqr. chairman of the committee of Dutchess county, was read and filed, and is in the words following, to wit : [Letter not entered.] A bond of Cornelius Atherton and Brinton Paine, to Col. Alexander McDougall and Peter T. Curtenius, in the penal sum of £700, dated the 20th day of December last, and conditioned that the said Cornelius Atherton will fulfil his contract made with the obligee, on behalf of this Con- gress, on the 23d day of Novem. last for the making and delivery of a certain number of muskets, &c. was read and filed.* A bond of the said Cornelius Atherton and of John Chamberlain, to the said obligees, and of the like tenor, date, sum and condition of the bond above recited, was read and filed. Thereupon Ordered, That the Secretary deliver to Colonel McDou- gall and Col. Curtenius, a certified copy of the order of the Provincial Congress of this Colony on their Treasurer, made and passed on the 15th day of December last, for the sum of £350, which was to be advanced to the said Cornelius Atherton, when proper security was given to fulfil his contract. And that the Secretary, also, give therewith a certificate that the said bonds are filed with him ; that Col. McDougall and Col. Curtenius, or their or- der, may be enabled to receive of the Treasurer, as well the moneys by Comfort Sands at their request as the resi- due of the moneys now to be advanced, amounting in the whole to the sum of three hundred and fifty pounds, agree- able to the said order of the Provincial Congress. The Committee of Safety then took into consideration the report of a sub-committee of the general committee of the city of New-York, delivered in parol some days past, to the following effect, to wit : That a certain Benjamin James, who had been chosen captain of one of the compa- nies of militia in the city of New- York, had refused to sub- scribe the declaration mentioned in his commission, as ne- cessary to his entering on the executing that office. That on a new election being ordered in the said company for a • See contract entd. 15th Deem, and order. captain, the company re-elected the same person, and re- fused to elect any other. That there are some other in- stances of the like kind, and the persons exercising mili- tary offices in the [like] predicament. This Committee are of opinion that the best remedy for [this] inconvenience, would be a resolution of the Conti- nental Congress, or in their recess the Committee of Safe- ty for the time being, to exercise their discretion in ap- pointing proper officers, without such election, whenever occasion may require. Thereupon a draft of a letter to the Delegates of this Colony, on the subject of appointing officers in such cases, and on the subject of giving aids to expresses or messen- gers, who travel without certificates, was read and approv- ed of, and is in the words following, to wit : " In Committee of Safety, 1 "During the recess of the Provincial Congress, > " New-York, J any. 12th, 1776. ) " Gentlemen — We apprehend, for reasons too tedious to mention, great danger of the want of a proper arrange- ment of the militia in some of our districts, from making the election of the people necessary for the appointment of officers under the degree of field officers. We, therefore, earnestly request you immediately to procure a resolve of Congress to authorize our Congress, or the Committee of Safety for the time being, to exercise their discretion in appointing, without such election, whenever occasion may require. " We are put to repeated difficulties with applications by expresses, to and from Congress, on the Continental service. In complying with which, without proper certifi- cates, specifying the aids required of us to be given to such expresses, we apprehend ill consequences. By this means our prudence in disposing of the Continental money may be exposed to be called in question, and abuses put upon the public, by taking advantage of our readiness to advance the service. For these reasons, we have been obliged to determine to give no such aids for the future, to any person applying to us in the character of an express, unless he produce a certificate from Congress, specifying the particular aids required of us. Our late Congress wrote early in the summer on this subject, but were not favoured with an answer. " We are, gentlemen, "With great respect and esteem, " Your mo. obt. servts. "By order of the Committee of Safety. "To the Delegates for the Colony of New-York at Congress, Phila." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Col. Brasher produced a deputation from Peter V. B. Livingston, Esqr. Treasurer of the Provincial Congress of this Colony, to Mr. Gerard Bancker his deputy, which was read, and is in the words and figures following, to wit : " Whereas the Provincial Congress have nominated me their Treasurer, I do hereby appoint my friend Mr. Gerard Bancker, Junr. my deputy, hereby promising to confirm every act he shall do in my name in the execution thereof. " As witness my hand and seal this 28th day of August, 1775. "P. V. B. LIVINGSTON, [l. s.] " Sealed and delivered in the presence of " Sterling, "Phil. Livingston." Ordered, That the said appointment be returned to the Deputy Treasurer. Col. Brasher and Col. Palmer produced the receipt of Gerard Bancker, the Deputy Treasurer, for the cash and receipts for cash paid the Delegates of this Colony, by them bro't from Phila. for the Congress of this Colony, amounting together to the sum of 50,000 dollars, which receipt was read and filed, and is hereunto annexed, in the words and figures following, to wit : JOURNAL OF THE COMMITTEE OF SAFETY. 247 "Received, January 12th, 1776, from Messrs. Thos. Palmer, Abrm. Brasher and Capt. John Grennell, fifty thousand dollars in Continental bills, in behalf of Peter V. B. Livingston. " GERARD BANCKER. " Bills, 48,400 "4 Receipts,. 1,600 " 50,000 dollars." Mr. Christian Jacobson of Richmond county, attending at the door was admitted ; he alleged that a majority of the inhabitants of Richmond county were not averse, but friendly to the measures of Congress. He attempted to state their difficulties and fears ; answers were given to him by the members of this Committee. Col. Brasher, a member of this Committee, informed the Committee that he had lately seen Mr. Richard Law- rence, one of the late Deputies of Richmond county ; that Mr. Lawrence told him he expected that the inhabitants of the said county would very speedily elect Deputies to re- present them in Provincial Congress, and requested him to inform this Committee thereof. Therefore, Resolved, That the late intended interdiction of the Pro- vincial Congress, against all delinquents in that county, be delayed until Monday the 22nd inst. Ordered, That the Secretary deliver a certified copy of the information received of Colonel Brasher, relating to the inhabitants of Richmond county, and of the above re- solution thereon, to Mr. Christian Jacobson, one of the committee of Richmond county. Adjourned to three o'clock in the afternoon. Die Veneris, 3 ho. P. M. Jany. 12, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Mr. Tredwell, Mr. McDougall, Mr. Brewster, Mr. Clarke, Mr. Sands, Col. Brasher the latter part of the evening. Mr. Richard Lawrence, one of the Deputies from Rich- mond county to the former Provincial Congress, attended and conversed with the Committee on the state of Rich- mond county, of his own mere motion, as he said, and without any request from the committee or the inhabitants to attend for that purpose. After a full conversation with Mr. Lawrence, the Com- mittee of Safety unanimously came to the following reso- lutions, as to the inhabitants of Richmond county, to wit : Resolved, That notwithstanding any thing contained in the resolution of this day respecting the county of Rich- mond, the same was not intended to give them any ground of assurance that their Deputies will be received in Pro- vincial Congress, but only to enable them to put the con- duct of the inhabitants of that county in as favourable a light before the Continental Congress as the nature of their case will admit of, the same having been submitted by the Provincial Congress to the consideration of that respecta- ble body, by whose determination the inhabitants of that county must be bound. Resolved, nevertheless, That whether the inhabitants of the said county should or should not proceed to an election of Deputies, that in either case the committee of the said county do report to this Committee the names of those who do, or shall either directly or indirectly oppose such election, as also the names of those who do not attend such election, in case a poll shall be opened for that purpose, and that the said committee report their proceedings, and those of the county, in the premises, to this Committee on Monday the 22nd inst. Ordered, That the Secretary deliver to Mr. Richard Lawrence, or his order, certified copies of the resolution of this Committee, passed this morning, and of the two last preceding resolutions, as to the inhabitants of Rich- mond county. Copies of three affidavits as to the ill conduct and threatenings of Samuel Devine, certified by Captain John Wisner, were read and filed, and are in the words fol- lowing, to wit : " Ulster County : — Stephen Semour, of full age, be- ing duly sworn on the Holy Evangelist this 4th day of Ja- nuary, 1776, saith that on Monday evening the 1st inst. being at the house of Daniel McGiden, he heard Samuel Devine repeatedly drink damnation to the Congress and all the whigs ; that last year was whig year, but this would be tory year, and likewise that all the whigs would be hanged in the spring ; and furthermore repeatedly called the whigs a pack of damn'd rebels ; and further saith that he would not obey his officers more than he would a dog, or to that purpose ; and further saith not. "STEPHEN SEMOUR." "Ulster Countv : — George Lean, of full age, being duly sworn on the Holy Evangelist this 4th day of Ja- nuary, 1776, saith, that being sent with a warrant from Capt. Turpaney to the house of Samuel Devine, to levy on his goods and chattels for not appearing under arms ac- cording to military law, at which time he levied on two ox chains ; Devine then threatened that if he took the chains he should immediately be a dead man. After going some rods from said Devine's house, was followed by him, who desired to see his warrant, which the deponent's brother had in his hand, and shewing it to him* said Devine snatched it out of his hand and destroyed it ; and further saith, that Devine said if satisfaction was not made for his chains he would come up and kill a half a dozen of them ; and fur- ther saith not. " GEORGE LEAN." " Ulster County : — Henry Lockwood, of full age, be- ing duly sworn on the Holy Evangelist this 4th day of Ja- nuary, 1776, saith, that on his way from Newburgh home- ward, he met with some persons, among whom was a cer- tain Samuel Devine, who then asked him if he did not know there was a reward for taking up a committeeman and sending him on board the man of war ; who then threat- ened to take said deponent, he being one of the committee of New-Malborough precinct, and lhat he could have £40 in cash, or 50 acres of land, for delivering a committeeman on board the man of war ; and further saith not. " HENRY LOCKWOOD." " A true copy of the oaths, ) given under my hand. 5 " Capt. John Wisner." Application was again made to this Committee on the subject of Capt. John Hulbert and Capt. John Grennel's accounts. Hulbert and Grennel attending at the door, were admitted with their accounts ; many articles in their ac- counts were pointed out to them, to the settlement whereof this Committee is by no means competent. Capt. Gren- nel and Capt. Hulbert withdrew. After some considerable time spent in attention to those accounts, and sundry de- bates thereon, to enable those gentlemen fully to pay off and discharge all moneys due to the privates and non-commis- sioned officers of their companies, this Committee agreed and resolved to allow them one thousand pounds on ac- count, and came to a determination in the words following, to wit : Whereas Capt. Grenell and Capt. Hulbert, of the third battalion of the New- York Continental troops, under the command of Col. Clinton, now in actual service in Canada, have applied to this Committee with their respective ac- counts ; that of Capt. Grenell exhibiting a balance of £624 4s. lid. and that of Capt. Hulbert a balance of £826 2s. 8^d. the liquidation of which accounts this Com- mittee conceive does not properly fall within their depart- ment : And whereas, for reasons unknown to us, no pay- master attends this post to whom they can be referred for their respective balances ; and as this Committee has strong apprehensions that any delay of the means to enable them to pay the men of their respective companies may prove a great discouragement to persons who would otherwise wil- lingly engage in the service of the United Colonies : 248 JOURNAL OF THE COMMITTEE OF SAFETY. Resolved, That the gross sum of £450 on Capt. Gre- nell's account and £550 on Capt. Hulberl's, be advanced to them respectively by the Treasurer of the Provincial Congress, on the account of the Continental Congress, and be accordingly passed to the debit of their account, and that a copy of this resolve be transmitted to the Continen- tal Congress, with a request to them to take effectual order that such advances by this Committee, or the Provincial Congress, may not be made necessary in future. Ordered, That a certified copy of this entry and resolve be given Messrs. Hulbert and Grennell. Mr. Sands, who had informed the Committee that he had been disappointed as to the vessel he was about to charter to proceed to the West Indies, in pursuance to the order of the Provincial Congress, and was then endeavour- ing to procure another suitable vessel, reports, that he has engaged a sloop, belonging to Stephen Thome, to go to the Island of St. Eustatia, at 70s. per ton, merchants' tonnage, the Congress to take the risk of seizures. Vessel valued at £500. That he could also engage Abm. P. Lott's schooner to go to Martinico, Guadalupe or St. Eustatia, at 70s. The Congress to take the risk of seizures. Vessel valued at £500. The Committee approve of Mr. Sand's agreement for the first above mentioned vessel, made in pursuance of the directions of this Provincial Congress, and submit it to the care and prudence of Mr. Sands, (with such advice as he may from time to time request of this Committee,) to make the most advantageous agreement for the public benefit as to the other vessel. A case of the committee of Huntington was stated by Mr. Tredwell to this Committee of Safety, and the letters to Mr. Tredwell on that subject, and all the other certifi- cates and writings relative thereto, produced by Mr. Tred- well, were read and considered, and after full considera- tion thereof, the Committee of Safety gave a state of the case and a determination thereon, to be transmitted to the committee at Huntington in hcec verba videlicit. P. M. J any. 12th, 1776. The following case was stated on behalf of the commit- tee of Huntington for the opinion of this Committee, to wit : Capt. Barnabas Swain, in the sloop Bellona, having taken in part of his lading for Nantucket, at New-York, with leave of the general committee of the city and county of New-York, proceeded with the same to Huntington, with intent to complete his cargo there. The leave he obtain- ed at New-York was founded on a permit produced by him from under the hands of the committee of Falmouth, dated 2d of October, 1775, which permit was produced to the committee of Huntington, to induce them to consent to the completion of his cargo there ; this consent was op- posed by some of the committee of Huntington. After- wards the committee and inhabitants became acquainted with the resolutions in the House of Representatives of Massachusetts Bay, of Nov. 3, 1775, and the committee are still of opinion that notwithstanding any thing contain- ed in those resolutions Capt. Swain should be permitted to complete his cargo, with which opinion the aforesaid inha- bitants are displeased. It is the opinion of this Committee that notwithstanding the date of Captn. Swain's permit precedes that of the afore- said resolutions, and will be inconsistent with a just respect to the said House of Representatives and a due regard to the union of the Colonies to attempt to unravel the prin- ciples upon which the aforesaid resolutions are founded, and that as by the said resolutions the inhabitants of the other Colonies are desired to withhold further supplies of provisions, fuel or other necessaries from Nantucket until the further recommendation of the said Court of Represen- tatives, and contains no saving in behalf of former permits, it is Captn. Swain's misfortune that he did not complete his cargo before the receipt of the said resolutions, and that the committee of Huntington ought not to permit him to complete his said cargo ; but that nevertheless he be per- mitted to depart on his voyage, without molestation, with the provisions and other necessaries which he was permit- ted to take on board at New-York. Ordered, That the Secretary deliver a certified copy of the afore written case and opinion of this Committee there- on to Mr. Tredwell, to be by him transmitted to the com- mittee of Huntington. DIE SABBATI, Jany. 13th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Mr. McDougall, Col. Brasher, Mr. Sands, Mr. Brewster, Mr. Clarke, Mr. Tredwell. This day is set apart for the hearing and trial of priso- ners. Several prisoners in the guard-house were ordered to be brought before the Committee to be heard, and a re- port from the barrack guard delivered in and filed. Wil- liam Weyman, who had been confined by the city com- mittee, for going on board the ship Asia and procuring bar- rels and assisting to ship a sloop load of pork for the mi- nisterial army and navy : he acknowledged, voluntarily, that he was guilty of the whole charge ; appearing contrite and penitent for his ill conduct, the tendency of which was fully represented to him, he was reprimanded and charged to tarry at home and behave prudently, and give no offence to his fellow countrymen. Thereupon a certificate was given to him, in the words following, to wit : " William Weyman, of Westchester county, who has been confined in the upper barracks in New- York, was this day brought before the Committee of Safety and heard ; he acknowledged, voluntarily, the charges against him, and ap- peared contrite and penitent for his past ill conduct, the tendency of which was fully represented to him ; he was reprimanded, charged to tarry at home, behave prudently and give no offence to his fellow countrymen, and not to act against the liberties of his country, all which he has solemnly engaged to do do ; he is therefore hereby dis- charged, and permitted to return to his place of abode, and it is recommended to all friends to liberty and their country to keep a watchful eye on his future conduct." Azor Betts was next brought before the Committee, and charged by Christopher Duyckinck with having, in his presence, damned the Congresses and Committees, both Continental and Provincial, and said that they were a set of damned rascals and acted only to feather their own nests, and not to serve their country ; that they had shut up his shop, but that he hoped to see the day when he would shut them up, or overturn them : and mentioned Capt. Bucha- nan and others as witnesses to support the charge. The said Betts does not in general deny the charge, or desire any other witnesses to be called, but alleges that he did not mean to include all the members of Congresses and Committees, and supposes there are some good men among them, and at same time confesses that Capt. Buchanan will give the like testimony as Christopher Duyckinck has done. Thomas Service, who had been committed for carrying some person on board of one of the ships of war without any permit : he was admonished for his bad conduct, and informed of the consequences if he should be taken in the like act hereafter, and was discharged. Robert Simmons, confined by the city committee, was brought in before the Committee. Simon Cox, a person recommended to the Committee for his integrity, was produced as a witness ; he declares that Simmons, the prisoner, offered him 2 pr. of silver buckles, which he said were worth 40s. if he would suffer him to escape. Robert Simmons was recommitted. Capt. John Buchanan says he heard Azor Betts damn JOURNAL OF THE COMMITTEE OF SAFETY. 249 the Congresses and comnvfttees, and say they had taken the bread out of his moutm ; that his business was inocu- lution ; that the said Azor fMtts has taken great pains to prevent Joseph Hunt, an ensygn in Capt. Tylee's company, from taking his commission. Peletiah Haws gives the like testimony as to Azor Betts. Lawrence Hartwick, brought before the Committee. Capt. John Buchanan says, that he has heard that Law- rence Hartwick is very unfriendly to the liberties of Ame- rica, and that he frequently went on board of the man of war ; and it is reported that he carried the names of per- sons in this city on board who are active for their country. Capt. Buchanan says that he has heard Lawrence Hart- wick declare that he had been on board of the man of war, would go on board again when he pleased, and would see who would hinder him. Mr. Scott departed with leave. Lawrence Hartwick says he wanted a musket, and went on board to buy a musket, and bought one of the armourer and paid the money for it ; that the gun was to be sent to him by the pilot, but was not sent, and he went on board afterwards at different times for his money ; that when he was on board the ship Asia, Mr. Tylee was there, who asked him if he knew Capt. Tylee at the shipyards, and answered yes ; and told him that he wanted to speak to him ; that he told him he was not yet going on shore, and he might have an opportunity to speak to him ; that after he came on shore he found a letter in his pocket directed to Capt. Tylee, which he delivered two days afterwards, but does not know how he received it ; that he never showed the letter to Capt. Vandeput, or any of his officers. Capt. Nat. Tylee says, he received a letter from the prisoner on a Sunday morning in November last ; that Hartwick told him Lieut. Tylee had put it in his pocket in the gun room ; that the letter had been sealed with a wafer and broken open, and resealed with a very large seal of wax ; that on that evening the ship's decks were cleared and some person informed him they expected a party and were in readiness ; the letter was read ; it has evident marks of being opened and resealed ; that he charged Hart- wick with breaking open the letter, and Hartwick denied it. Capt. Tylee gave the same information which was given to the committee a few days ago, to wit : that Capt. Van- deput told Tylee, the prisoner, in the ship Asia, that he had seen his letter, and his friend had betrayed him ; that he would not use him ill, but that he set another sentry over him. John Rutter says, that about the same time McDonnald and Hampton got on board the man of war, Hartwick came several times from on board of the man of war ; that one evening when Hartwick and Leonard came from on board, they were told it was very wrong, and they said they would go on board when they pleased, and they would see who would hinder them ; that Hartwick in particular said so ; that he has understood in general that Hartwick is very much opposed to the measures of the Congress. Hartwick denies that he told Tylee that the letter was put in his pocket in the gun room. John Hunter says, that Hartwick's wife declared that when he found the letter in his coat pocket, he said he would send it back on board of the man of war. John Kell says, that one day last fall Lawrence Hart- wick told him there was a fine wind, and troops expected ; that they would give the whigs a drubbing presently ; that he had advised Hartwick not to go on board of the man of war, but he persisted that he would go. The Committee then took into consideration the case of Azor Betts, and after some time spent in consideration thereof, the Committee conceived that he is a dangerous person, and to prevent the bad tendency of his wicked praclices ought not to be permitted to go at large, and that by the resolutions of the Continental Congress they are authorized, and that it is their duty, to have him confined. Resolved, therefore, That the said Azor Betts be sent 63 to Ulster county jail, to be there confined in close jail, until the further order of the Continental or Provincial Con- gress, or of this Committee. The Committee then took into consideration the case of Robert Simmons, and are of opinion that his many mis- chievous machinations and wicked praclices are so dange- rous that he ought to be kept in safe custody, and that by the resolutions of the Continental Congress of the 2nd Jany. inst. they are authorized, and that it is their duty, to have him confined in close jail ; and that as he has attempted to corrupt the sentry at the barrack where he has been con- fined, that it will be unsafe to keep him as a prisoner with- out having him fettered or manacled. Resolved, therefore, That the said Robert Simmons be conveyed to Ulster county jail, to be there confined in close jail until the further order of the Continental or Pro- vincial Congress, or of this Committee. And Ordered, That Col. McDougall cause the said Robert Simmons to be fettered or manacled so as to prevent his escape, until he can be sent to Ulster county. DIE SOLIS, 9 ho. a. m. Jany. Uth, 1776. The Committee of Safety met at the City Hall, pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. Chairman, and the other members in the city, except Mr. Scott. As no business of so much importance appeared imme- diately necessary, as to require the Committee to continne their attendance this day, the Committee therefore ad- journed to meet at 10 o'clock to-morrow morning. DIE LVNJE, 10 ho. a. m. Jany. 15th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Col. McDougall, Mr. Scott, Col. Brasher, Mr. Brewster, Mr. Sands, Mr. Clarke, Mr. Tredwell. The Committee of Safety are informed by a member, that a fleet of eighteen sail of transports, two men of war and two bomb ships, are sailed from Boston ; that they sailed from Boston on last Saturday week, and that a letter from General Washington, advising this Committee there- of, is on the way, and may be hourly expected. Thereupon the Committee thought it necessary to have a proper person sent to the Narrows, with a glass, to look out for any fleet that may be approaching this port ; and Capt. Austin Lawrence being sent for, attended the Com- mittee ; he agreed to proceed to the Narrows immediately for that purpose, and proper directions were given to him and signals agreed on, which shall be made at the ferry to give notice to the city. Capt. William Dobbs was also sent for and attended ; he was directed to take the whale boat lately purchased by this Committee, with a proper number of men to row her, and proceed to the light-house, and there observe carefully the approach of any fleet, and to give immediate notice thereof to this Committee. Mr. Dobbs was directed to tarry one week if no fleet appears sooner, and to be very frugal in his disbursements, which were particularly enu- merated. Ordered, That none of the pilots at this port shall go to Sandy Hook, or to any other place towards the Hook, without the permission of this Committee, until the further order of this Committee. And Ordered, That no pilot do presume to pilot into the Hook, or towards this port, any transport with troops on board, or any ship of war, or ministerial armed vessel whatever. And Ordered, That the pilots be directed to attend this Com- 250 JOURNAL OF THE COMMITTEE OF SAFETY. mittee to-morrow forenoon, in order that they may be charged with the matter of this order, and to keep the same secret. A letter from James Duane, Wm. Floyd and Henry Wisner, Esqrs. of the 11th inst. was read and filed, and is in the words following to wit : " Gentlemen — We are honoured with your favour of 4th inst. requesting the permission of Congress to ex- port a quantity of flaxseed to Ireland, for the purpose you mentioned. However important the object, we are per- fectly satisfied that it will be in vain to expect an indul- gence so repugnant to the non-exportation system, and particularly, to the motives of this article of our commer- cial restriction, which were thought to be very cogent. Not relying entirely on our own judgment, we have con- sulted several of the members, and find them so averse to the proposition that we despair of its being seconded by a single Colony. We think it bad policy and an humilia- tion of our respectable constituents, to ask, in their names, for what we foresee must be rejected. Upon these con- siderations, we shall take the liberty to defer any applica- tion, 'till informed of our apprehensions, we shall be fa- voured with your further commands. If you should still incline to hazard the attempt, we shall most cheerfully obey your directions. " We enclose you two resolutions of this Congress, which respect our Colony, and a third for the exchange of Lieut. Tylee of Genl. Wooster's regiment, now a priso- ner on board the Asia. " We are, with the highest regard, gents. " Your most obt. and very humble servts. " JAMES DUANE, " WM. FLOYD, "HENRY WISNER. " Phila. lWi Jany. 1776. " The Honble. Committee of Safety, New-York." " P. S. We also enclose you several resolutions of Congress which passed the 8th inst. which we are directed to communicate since we closed the preceding letter." The resolves of the Continental Congress of the 8th inst. relating to the construction of batteaux at Ticonde- roga, and sending salt thither, and relating to the practi- cability of lessening the depth of water at the Narrows, was read and filed. The resolve of the Continental Congress of the same date, on the subject of raising troops for Canada, was read and filed, and is in the words following, to wit : " In Congress, January 8th, 1776. " Resolved, That to make up the battalions voted for the defence of Canada, one battalion be immediately rais- ed in New Hampshire, one in Connecticut, and one in New-York ; that two battalions be formed out of the troops now in Canada, and that General Montgomery be desired to recommend proper persons for officers in said battalions. " The other three battalions to be sent from Pennsylva- nia and New-Jersey. " That Col. Van Schaick, Lieut. Col. Yates and Major Gansevoort, be continued in the service of the United Co- lonies, and that they take the command of the above bat- talion to be levied in the Colony of New-York. " Extracts from the minutes. " CHARLES THOMSON, " Secy. The resolve of Congress of the 9th Jany. relating to the militia of Orange and Ulster counties at the new gar- rison, was read and filed. A resolve of Congress of the 11th inst. recommending to procure the exchange of Lieut. Tylee, was read and filed. A resolve of Congress directing General Schuyler to be furnished with an account of moneys advanced to the troops of his department, was read and filed. Philip Livingston, Esqr. one of the Delegates of this Colony, came into the Committee and conferred with them on sundry matters, and delivered to them certified copies of sundry resolutions of the Continental Congress on dif- ferent days from 25th Novr. to the 2nd inst. which were read and filed, and are in the words following, to wit : " In Congress, November 25th, 1775. I he Congress resumed the report of the committee on General Washington's letter, and the same being de- bated by paragraphs, was agreed to as follows : The committee to whom so much of the letter from General Washington to the President, dated the 8th inst. as relates to the disposal of the vessels and cargoes be- longing to the enemy, which shall fall into the hands of, or be taken by the inhabitants of the United Colonies, and so much of the report of the committee of Con- gress which lately went to the camp at Cambridge, as related to that subject, were referred, have examined the matter thereof, and directed the same as it appears to them, together with the resolutions of the committee thereupon, to be reported as followeth : '"It appears to your committee from undoubted informa- tion, that many vessels which had cleared at the respec- tive custom houses in these Colonies, agreeable to the regulations established by acts of the British Parliament, have in a lawless manner, without even the semblance of just authority, been seized by His Majesty's ships of war, and carried into the harbour of Boston and other ports, where they have been rifled of their cargoes by order of His Majesty's naval and military officers there command- ing, without the said vessels having been proceeded against by any form of trial, and without the charge of having offended against any law. " ' It farther appears to your committee that orders have been issued in His Majesty's name, to the commanders of ships of war, ' to proceed as in the case of actual rebellion, against such of the seaport towns and places being acces- sible to the King's ships, in which any troops shall be rais- ed or military works erected ;' under colour of which said orders, the commanders of His Majesty's said ships of war have already burned and destroyed the flourishing and po- pulous town of Falmouth, and have fired upon and much injured several other towns within the United Colonies, and dispersed at a late season of the year, hundreds of helpless women and children, with a savage hope that those may perish under the approaching rigours of the season, who may chance to escape destruction from fire and sword — a mode of warfare long exploded among civi- lized nations. " ' It also appears to your committee that the good people of these Colonies, sensibly affected by the des- truction of their property and other unprovoked injuries, have at last determined to prevent as much as possible a repetition thereof, and to procure some reparation for the same, by fitting out armed vessels and ships of force. In the execution of which commendable designs, it is possi- ble that those who have not been instrumental in the un- warrantable violences above mentioned may suffer, unless some laws be made to regulate, and tribunals erected com- petent to determine the propriety of captures, whereupon your committee came to the following resolutions : " ' 1st. That all such ships of war, frigates, sloops, cut- ters and armed vessels, as are or shall be employed in the present cruel and unjust war against the United Colonies, and shall fall into the hands of, or be taken by the inhabi- tants thereof, be seized and forfeited to and for the purpo- ses hereinafter mentioned. " ' 2. On motion made and the question put, " ' Resolved, That the second article or resolution be re- committed. The same (as brought in and agreed to the 19th Deer.) is as follows : " ' Resolved, That all transport vessels in the same ser- vice, having on board any troops, arms, ammunition, cloth- ing, provisions or military or naval stores of what kind so- JOURNAL OF THE COMMITTEE OF SAFETY. 251 ever, and all vessels to whomsoever belonging that shall be employed in carrying provisions or other necessaries to the British army or armies or navy that now are, or here- after shall be within any of the United Colonies, or any goods, wares or merchandize, for the use of such fleet or armies shall be liable to seizure, and with their cargoes shall be confiscated. " 1 3rd. That no master or commander of any vessel shall be entitled to cruise for or make prize of any vessel or cargo before he shall have obtained a commission from the Congress, or from such person or persons as shall be for that purpose appointed in some one of the United Co- lonies. " ' 4th. That it be and it is hereby recommended to the se- veral Legislatures in the United Colonies, as soon as pos- sible to erect courts of justice, or give jurisdiction to the courts now in being, for the purpose of determining con- cerning the captures to be made as aforesaid, and to pro- vide that all trials in such case be had by a jury under such qualifications as to the respective Legislatures shall seem expedient. '"5th. That all prosecutions shall be commenced in the court of that Colony in which the capture shall be made ; but if no such court be at that time erected in the said Co- lony, or if the capture be made on open sea, then the prosecution shall be in the court of such Colony as the captor may find most convenient, provided that nothing contained in this resolution shall be construed so as to en- able the captor to remove his prize from any Colony com- petent to determine concerning the seizure, after he shall have carried the vessel so seized within any harbour of the same. " ' 6th. That in all cases an appeal shall be allowed to the Congress, or such person or persons as they shall ap- point for the trial of appeals ; provided the appeal be de- manded within five days after definitive sentence, and such appeal be lodged with the Secretary of Congress within forty days afterwards ; and provided the party appealing shall give security to prosecute the said appeal to ef- fect ; and in case of the death of the Secretary during the recess of Congress, then the said appeal to be lodged in Congress within twenty days after the meeting thereof. " ' 7th. That when any vessel or vessels shall be fitted out at the expense of any person or persons, then the cap- tures made shall be to the use of the owner or owners of the said vessel or vessels ; that where the vessels employed in the capture shall be fitted out at the expense of any of the United Colonies, then one-third of the prize taken shall be to the use of the captors, the remaining two-thirds to the use of the said Colony ; and where the vessels so employed shall be fitted out at the Continental charge, then one-third shall go to the captors, and the remaining two- thirds to the use of the United Colonies ; provided, never- theless, that if the capture be a vessel of war, then the captors shall be entitled to one-half of the value and the remainder shall go to the Colonies or Continent, as the case may be ; the necessary charges of condemnation of all prizes being deducted before any distribution is made. " ' 8th. That the captures heretofore made by vessels fitted out at the Continental charge were justifiable, and that the distribution of the captors' share of the prizes by General Washington be confirmed. " ' Resolved, That in case of recaptures, the recaptors ought to have and retain, in lieu of salvage, one-eighth part of the true value of the vessel and cargo or either of them, if the same hath or have been in the possession of the enemy twenty-four hours ; one-fifth part if more than twenty-four and less than 48 hours ; one-third part if more than 48 and less than 96 hours, and one-half if more than 96 hours, unless the vessel shall, after the capture, have been legally condemned as a prize by some court of admi- ralty, in which case the recaptor ought have the whole ; in all which cases the share retained or prizes to be divided between the owners of the vessel making the recapture, the Colony or the Continent, as the case may be, and the cap- tors, agreeable to a former resolution. " ' Resolved, That in the present situation of affairs it will be very dangerous to the liberties and welfare of Ame- rica, if any Colony should separately petition the King or either House of Parliament.' "In Congress, December Uth, 1775. " Resolved, That the selectmen of the town of Sher- bourn, in Nantucket, prepare an estimate of the quantity of fuel and provisions necessary for the use of the inhabi- tants of said island, and lay it before three or more justices of the peace for the county of Barnstable in the Co- lony of Massachusetts Bay, attested by the oath or affir- mation of the said selectmen, and that the said justices be empowered to grant licenses under their hands to any mas- ter or owner of vessels in the said island to import fuel and provisions from the Colonies of Massachusetts Bay, Rhode Island, Connecticut, New-York, New-Jersey, Pennsylva- nia, lower counties on Delaware or Maryland, not exceed- ing the quantities specified in said estimate." " December 26th, 1775. " Whereas, an estimate hath lately been formed of the public expense already arisen and which may accrue in defence of America to the 10th day of June next, in pursu- ance whereof this Congress on the 24 th day of November resolved that a further sum of three millions of dollars be emitted in bills of credit : " Resolved, therefore, That the thirteen United Colonies be pledged for the bills of credit so directed to be emitted ; that each Colony provide ways and means to sink its pro- portion of the said bills in such manner as may be most effectual and best adapted to the condition, circumstances and equal mode of levying taxes in each Colony. That the proportion or quota of each respective Colony be de- termined according to the number of inhabitants of all ages, including negroes and mulattoes in each Colony. " That it be recommended to the several Assemblies, Conventions, or Councils, or Committees of Safety of the respective Colonies to ascertain by the most impartial and effectual means in their power, the number of inhabitants in each respective Colony, taking care that the lists be authenticated by the oaths of the several persons who shall be entrusted with this service ; and that the said Assem- blies, Conventions, Councils or Committees of Safety do respectively lay before this Congress a return of the num- ber of inhabitants of their respective Colonies as soon as the same shall be procured. " That each Colony pay its respective quota in four equal payments, the first to be made on or before the last day of November, 1783 ; the second on or before the last day of November, 1784; the third on or before the last day of November, 1885 ; and the fourth or last on or before the last day of November, 1786. And that for this the several Assemblies or Conventions provide for laying and levying taxes in their respective Colonies towards sinking the Continental bills ; that the said bills be received by the collectors, in payment of such taxes, and be by the col- lectors paid into the hands of the Provincial Treasurers, with all such other moneys as they may receive in lieu of Continental bills ; which other moneys the Provincial Trea- surers shall endeavour to get exchanged for Continental bills, and where that cannot be done shall send to the Con- tinental Treasurers the deficiency in silver and gold, with the bills making upthe quota to be sunk that year, takingcare to cut by a circular punch of an inch diameter a hole in such bills and to cross the same, thereby to render them impassable, though the sum or value is to remain fairly legible ; and the Continental Treasurers, as fast as they re- ceive the said quotas, shall, with the assistance of a com- mittee of five persons to be appointed by the Congress if sitting, or by the Assembly or Convention of the Province of Pennsylvania, examine and count the Continental bills, and in the presence of the said committee burn and destroy them ; and the silver and gold sent them to make up the 252 JOURNAL OF THE COMMITTEE OF SAFETY. deficiencies of quotas they shall retain in their hands until demanded in redemption of Continental bills that may be brought to them for that purpose, which bills so redeemed thev shall also burn and destroy in the presence of the said committee ; and the Treasurers whenever they have silver and gold in their hands for the redemption of Continental bills shall advertise the same, signifying that they are ready to give gold or silver for such bills to all persons requiring it in exchange. " Resolved, That it be recommended to the several Le- gislatures in these Colonies, whether Assemblies or Con- ventions, to pass acts or ordinances prohibiting the arrest of Continental soldiers for small debts ; and in order that the same rule may pervade all the Colonies, that no such soldier be arrested at the suit of any of his creditors un- less the said creditors make oath that the said soldier is justly indebted to him in the sum of 35 dollars, over and above all discounts ; and that the estate of no such soldier be liable to attachment at the suit or for the benefit of all his creditors, unless their debts in the whole on being as- certained by their oaths shall amount to more than 150 dollars. " Whereas, This Congress by a resolution passed the 15th day of July last, did direct that every vessel importing into these Colonies, gunpowder, saltpetre, sulphur and other military stores therein specified, within nine months from the date thereof, should be permitted to load and ex- port the produce of these Colonies to the value of such powder and stores aforesaid, the non-exportation agree- ment notwithstanding, by permits from the committees of the several Colonies ; to the end therefore, that this Con- gress may be the better informed of the quantity of mi- litary stores which are or shall be so imported, and of the produce exported in consequence of the resolution aforesaid : " Resolved, That it be recommended to all committees by whom any permits under the said resolution have been or may be granted, to transmit to this Congress from time to time, a true account of the military stores, &c. import- ed, and of the produce exported, with the price and value of both." "December 29th, 1775. " Resolved, That as the importation of any universally necessary commodity, and the exportation of our produce to purchase the same, must give a proportionably greater opportunity to our enemies of making depredations on the property of the inhabitants of these Colonies, and of oc- casionally distressing them by intercepting snch commo- dities, it is earnestly recommended to the several Assem- blies or Conventions, immediately to promote by sufficient public encouragements the making of salt in their respec- tive Colonies." " January 2nd, 1776. " Resolved, That the Assemblies, Conventions, or Com- mittees or Councils of Safety be requested forthwith to trans- mit to this Congress, copies of all the petitions, memorials and remonstrances which have been by the respective Co- lonies presented to the Throne or either House of Parlia- ment since the year 1762, and that they also inform the Congress whether any, and what answers were given to them. " Extracts from the minutes. " CHAS. THOMSON, Secy." The committee then spent a considerable time in exa- mining a draft of the soundings of the most likely place to obstruct the navigation to this city, which had on their first meeting this morning been produced to them by Col. Mc- Dougall, and considering of means to carry that matter into execution. Die LtjnjE, 4 ho. P. M. Jany. 15th, 1776. The Committee met pursuant to adjournment. Present — P. Van Corllandt, Esqr. Chairman. Col. McDougall, Mr. Scott, Col. Brasher, Mr. Sands, Mr. Brewster, Mr. Tredwell, Mr. Clarke. It being represented by Col. McDougall to this Commit- tee that he has information from undoubted authority which he also named, that Alexander Lesslie of this city, peruke maker, has been carrying on a correspondence dangerous to the liberties of America, with some person or persons in Philadelahia. It is Ordered, That Col. McDougall do without delay cause the said Alexander Lesslie, and all other persons to be found in his house, to be apprehended and kept in safe cus- tody till further order of this Committee ; and also at the same time to cause diligent search for, and to be secured, all papers that may be found in the said house, in any wise relating to such correspondence, and that Col. McDougall make report in the premises with all convenient speed. This Committee being informed that a number of the late Continental soldiers who were enlisted in Capt. Den- ton's company, are returned to Orange county with their muskets, bayonets and cartouch boxes and accoutrements, which belong to the Colony, Resolved and Ordered, That each committee in the county of Orange be requested immediately to secure the arms and accoutrements of each of the said soldiers, and from time to time to secure the public arms and accoutre- ments of every discharged soldier who shall come within their respective districts, and place the same in the hands of the respective chairmen of the said committees, or such other prudent and trusty persons as by the said committees respectively shall be appointed. The Committee then heard the letter from the Delegates of this Colony now at Continental Congress, and the seve- ral resolves of Congress lately received, read, and spent some time in consideration thereof. DIE MARTIS, 10 ho. a. m. Jany. 16, 1776. The Committee met pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Col. McDougall, Mr. Sands, Col. Brasher, Mr. Brewster, Mr. Tredwell,Mr. Clarke. The petition of Capt. Jacob Mott, Jackson Mott, and Jacob Weeks of Queens county, acknowledging the im- prudence of their past conduct, engaging their future at- tachment to their country, giving a certificate of their hav- ing signed the association. Thereupon the Committee gave them a certificate in the words following, to wit : " The petition of Capt. Jacob Mott, Jackson Mott and Seaman Weeks of Queens county was read, setting forth that they, by the persuasion of persons conceived by them to be their friends, voted against the election of Provincial De- legates in the late election in that county, for which they de- clare their extreme sorrow and sincere repentance. That they, without reflecting on the ill consequence of opposing such election (which they now arc convinced was highly ne- cessary for the preservation of American liberty) were led to such opposition by the artful insinuations of designing men. They therefore pray this Committee to consider their case, and restore them to the good opinion of the friends to liber- ty on this Continent by declaring to the world that the pe- titioners are extremely contrite for their late conduct in op- posing the aforesaid election, and to do such other things for restoring them to the favour of their countrymen as to this Committee shall seem meet." Which petition was attended with a certificate of Ben- jamin Sands, chairman of the committee of Cow-neck and Great-neck, purporting that the petitioners, since they were advertised by the Provincial Congress, had expressed their sorrow for their past conduct, and that they were led on by wicked and designing men, and that they have signed the JOURNAL OF THE COMMITTEE OF SAFETY. 253 general association and promised obedience to all orders of Congress. Upon due consideration of the premises, and well knowing that the late resolves of the Congress against the delinquents of Queens county were intended to con- vince them of their demerits and bring them to a just sense of their duty to the public. It is Ordered, That the said petitioners be restored to the state and condition in which they were before the passing of these resolves, during their respective future good be- haviours. The Committee then resumed the consideration of the resolves of Congress relating to the fortifications at the Highlands, and thereupon agreed upon instructions to the commissioners in the words following, to wit : " Instructions to the commissioners for the fortifications on Hudson's river : ; ' In consequence of a resolve of the Continental Con- gress, of the 5th inst. that no further fortifications ought to be erected at Martler's rock, on Hudson's river, and that a point of land at Pooplopen's kill on the said river ought, without delay, to be effectually fortified ; it is " Ordered, 1st. That the timber designed for the addi- tional barracks at Martler's rock, and not yet erected, be removed by the first opportunity to Pooplopen's kill, there to be applied to use, pursuant to some future order. " 2nd. That the timber now laying at Martler's rock, destined for the line now under construction, be not remov- ed, or applied to any use, till further order, and for that purpose. " 3rd. As this Committee is informed that the line for intended battery on Martler's rock is very near being fi- nished, and as perhaps it may be completed with a base of 15 feet thick, without much additional expense, that the commissioners do immediately return a very particular and minute state and condition of the said line, describing its length and its thickness at the base ; whether it be filled up to the height to which it is now raised, and all the ma- terials of which it consists ; with a computation of the ex- traordinary expense that may attend the extension of its base to the thickness of 15 feet, and all other circumstan- ces relating to the same, that may tend to enable this Committee to judge whether it would be best to recom- mend to the Continental Congress the completing of the said line. " 4th. That Col. Isaac Nicoll, of the minute men in Orange county, who is nominated to the command of the fortifications on Hudson's river, be received and obeyed in that command until the arrival of a proper Continental offi- cer, or till further order, pursuant to a commission given to him by this Committee for that purpose. " 5th. As this Committee is informed that the powder lately sent to Martler's rock can not be, as yet, placed in the magazine, on account of its dampness, that the com- missioners, in conjunction with Col. NicolPs, take effectual means, by tightening the roof and keeping constant fires and otherwise as in their discretion shall seem fit, to fit it without delay for the reception of the powder ; and in the mean time that the powder be kept, with all due care, from waste and damage." DIE MERCURII. Jany. 17th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Col. McDougall, Col. Brasher, Mr. Tredwell, Mr. Brew- ster, Mr. Clarke, Mr. Sands, a very short time. Mr. Curtcnius delivered in a state of his accounts, and also a separate memorandum of moneys due from him, on the public accounts, whereby it appears that a balance of £3,658 3s. 9d. is due to him. Ordered, That Peter T. Curtenius, as Commissary of this Congress, purchase on Continental account 3,000 64 bushels of salt, and forward the same to Walter Livings- ton, Esqr. or his order, at Albany, with all convenient speed. Ordered, That the said Commissary examine the arms now at the gunsmiths, preparing for Lord Sterling's troops, and take care that they are good and properly finished ; and that he direct the gunsmiths in this city not to sell any arms to any person who resides out of this Colony, until the further order of the Provincial Congress, or of this Committee. Ordered, further, That the said Commissary purchase 70 blankets for soldiers, on the best terms which he can procure them. Mr. Curtenius was requested, by marks in day-book, and by every other proper method to distinguish between Continental and Provincial charges, so as to keep them in separate accounts. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Congress of this Colony, advance to Peter T. Curtenius, as Commissary of the Congress of this Colony, the sum of £6,000, to enable him to comply with the or- ders given to him by the Provincial Congress, and this Committee ; that the said Treasurer pay this order out of the Provincial money of this Colony, and take Mr. Curte- nius's receipt for the same. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Congress of this Colony, advance to Col. Alexr. McDougall the sum of £500, on account for the subsistence of his regiment ; that the said Treasurer pay this order out of the Provincial money of this Colony, and take Col. McDougall's receipt for the same. This Committee being fully convinced that it is their in- dispensable duty to endeavour to encourage and procure the making of saltpetre in this Colony, in order to supply the means of its defence, and that the manufacture of that article will ultimately tend to the great advantage of the Co- lony, conceive they can not better discharge their duty on that matter at present, than by having a small collection of the most plain and easy experiments for the manufacture of saltpetre published ; and Mr. Tredwell, one of the mem- bers, having collected copies of the said experiments, a draft of an introduction, or preface to the same, was read and approved of, and is in the words following, to wit : " In Committee of Safety, ) " During the recess of Congress, > " 17th January, 1776. ) " The wicked practices of a corrupt administration and their hostile attempts to compel an obedience to several acts of the British Parliament, evidently subversive of all the rights and privileges which as God's rational crea- tures, we are entitled to, and have as Englishmen inherit- ed by the laws of our country, have constrained the inha- bitants of these Colonies to take up arms for the defence of their lives, liberties and property. The ministry, flat- tering themselves that so young a country, unused to ma- nufactures of every kind, will not be able to procure the means of defence within itself, have made and will un- doubtedly continue to make it a principal object of their at- tention to preclude us from foreign supplies of military stores. This committee would, therefore, conceive them- selves most culpably deficient, in the discharge of their important trust as guardians to the public security, should they not do all in their power to promote the manufacture of those articles. Without these, the greatest unanimity, virtue and fortitude, can afford us little prospect of suc- cess, in the present interesting struggle. To that end this Committee have thought it necessary to publish the fol- lowing essays upon the manufacture of saltpetre and gun- powder, not doubling that a due consideration of the dan- ger of resting the liberties and future happiness of this large and growing country upon foreign supplies, which will be extremely precarious, and at all events very expen- sive, will induce the inhabitants of this Colony to do every thing in their power to supply the Continent with those 254 JOURNAL OF THE COMMITTEE OF SAFETY. necessary articles ; and the more effectually to urge indi- viduals to attempt those manufactures, this Committee have thought it proper to preface those essays with the fol- lowing resolution of the Continental Congress. " By order of the Committee." Ordered, That Mr. Tredwell call on one of the printers in this city, and engage him to print 3,000 copies thereof, on the account of this Colony, and to send that number of copies to this Committee. The Committee then resumed the consideration of the many resolves received from the Continental Congress; and thereupon a draft of a letter to General Schuyler, re- lating to shipwrights, carpenters, scows, batteaux, salt, pro- visions, reduction of old troops and raising of new levies, was read and approved of, and is in the words following, to wit : " In Committee of Safety, ) " New-York, 11th Jany. 1776. \ " Sir — Lest copies of the enclosed have not been for- warded to you, our attention to the public service points out the necessity of communicating them, with such obser- vations as occur to us on their different subjects. " In the resolves respecting the transportation of troops, provisions and stores, several things are left indeterminate, upon which perhaps it may be proper for us to have your particular sentiments to enable us to execute such part of the business as may fall within our department. " The number of shipwrights for building batteaux are not mentioned, and we submit it to your consideration, whether all, or how many should be shipwrights, or house carpenters ; the wages of the latter will be lowest, and therefore ought to be preferred, if they can sufficiently per- form the service, and perhaps many may probably be en- gaged near you who are acquainted with that kind of work ; yet we would beg leave to mention it as necessary to em- ploy as many of the carpenters of this city as possible, to prevent them and their families from starving by means of the stagnation of business, which is more severely felt in this city than in any other part of the Province. " With respect to batteaux men, many may probably be engaged in the upper part of the country ; such as may be necessary to be supplied by us, we will endeavour to pro- cure. We also beg leave to hint, that in the present de- clension of trade, the seamen of this port ought to be em- ployed upon this article of service, as well as that of build- ing batteaux. We beg you to inform us of the number of hands you would desire us to procure, as also to know your sentiments about the pay we are to allow carpenters and batteaux men. " The large quantity of provisions mentioned in one of the resolves is entirely indeterminate ; we beg to know what you expect of us on that head. We have given or- ders for the immediate purchase of 3,000 bushels of salt, which we shall send up the river as far as the season will permit. " We would only add, that we beg leave to trouble you with forwarding the resolves relating to the reduction of the old troops to two battalions, and the new levies to Ge- neral Montgomery, and to assure you that " We are, sir, "With great respect and esteem, " You mo. obt. servants, "By order of the Committee. " Major-Genl. Schuyler.'' Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted by post ; and that the Secretary enclose therein certified copies of the resolves of the Continental Congress of the eighth inst. therein re- ferred to. The Committee then took into consideration Lord Ster- ling's letter of the 12th inst. and the same being again read, a draft of an answer thereto was read and approved of, and is in the words following, to wit : " Ik Committee of Safety, ) " New-York, Jany. 17lh, 1776. \ " My Lord — We have to acknowledge your favour of 12th inst. which we should have answered sooner, had the order necessary for the despatching our multiplicity of bu- siness permitted it. " We shall this day appoint a barrack-master, leaving the settlement of his pay to the Continental Congress, and shall give immediate orders that the barracks be prepared for the reception of the troops under your command, and will inform you when they are ready ; but we beg leave to hint that the troops must come provided with the arti- cles of bedding, except straw, as we shall not able to sup- ply them. " About 70 or 80 of the firelocks are ready, and we have given the necessary orders for their inspection ; the rest we will get finished as soon as possible. But your Lord- ship has forgot to inform us whether we are to look to the Continental Congress, or your Provincial Congress, for their cost. We have already been at great charge, in the purchase of arms for our own troops, and at whose ex- pense it is still undetermined. It behooves us, therefore, to be cautious of extensive advances on that head. " With respect to the people of Staten island, we have, for certain reasons, suspended the interdiction against them 'till next Monday, the 22nd inst. Their cases is now be- fore the Continental Congress, and we beg you to desist from any measures against those people 'till the expiration of that term, unless you shall have received orders con- cerning them from the Continental Congress. " We are, my lord, your lordship's " Most obt. humble servts. " By order of the Committee. " Right Honble. Earl of Sterling." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted, and that the Secretary enclose therein a copy of his Lordship's letter, agreeable to his request. A letter from Peter R. Livingston, Esqr. of the 2nd inst. assigning the ill state of health of Mrs. Livingston, and the particular circumstances of his family, as the rea- sons of his not attending this Committee. DIE JOVIS, 10 HO. A. M. January 18th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Col. McDougall, Mr. Scott, Col. Brasher, Mr. Brewster, Mr. Tred- well, Mr. Clark, Mr. Sands a very short time. Mr. Nichs. Low attending the Committee, delivered in an account, in the words and figures following, to wit : " The Honble. the Provincial Congress of New-York, " Bought of William Cannon, "462 quarter casks of powder, (9 loads,) 25 pounds each, is 115J cwt. at £20, £2,310 00 00 " Paid cartage, 9 loads, to the lower magazine, 3 08 00 £2,313 08 00 " New-York January 18th, 1776." Ordered, That Peter V. B. Livingston, Esqr. Treasurer of the Congress of this Colony, pay to Mr. Nicholas Low £2,313 8s. Od. for the above account, and that he take Mr. Low's receipt for the same. By advice received by Lord Sterling's letter, that part of the troops under his command are to be stationed in the city of New- York as soon as the barracks can be ready to receive them, and firewood and other necessary materials furnished for their lodgment. It is become necessary to appoint a barrack-master for the city and county of New- York, in the stead of Gerard Bancker, Esqr. whose ser- vices to the public are necessary in other departments, and Mr. Garret Roorback, of the said city, being recommend- JOURNAL OF THE COMMITTEE OF SAFETY. 255 ed as very active and careful, and a proper person for that purpose, Resolved, That the said Garret Roorback be and he is hereby appointed barrack-master for the said city and county of New-York, and that he apply to Gerard Bancker, Esqr, and request of him an account of the stores belong- ing to the said barracks, and that a letter be wrote to the the Delegates of this Colony, or to the Continental Con- gress, requesting that the pay of a barrack-master may be fixed by that honble. body. William Allen requested permission to go on board one of his Majesty's ships to take directions to make shoes for the crew on board. Thereupon an order was given to him in the words following, to wit : Liberty is hereby given to William Allen to go on board the man of war on business. Francis Lewis, Esqr. came into the Committee and in- formed them that the shipwrights who were to be applied on the Continental account, had fixed on a place on the shore, a part of or adjoining to land of James Livingston, Esqr. whereon to go to work, and that Mr. Livingston said he had not any objection to their using that place, but re- quested an order of the Provincial Congress, or Commit- tee of Safety, for that purpose. The Committee conceive they are not authorized for that purpose, but at Mr. Lewis' request, who urged it as necessary, they conceived they might recommend. There- upon a draft of a letter to Mr. Livingston was read and ap- proved of. and is in the words following, to wit : " In Committee of Safety, ) " New-York, 18th Jany. 1776. $ " Sir — We have been applied to by proper authority to obtain for certain ship builders employed by order of the Continental Congress, a convenient spot on your shore for public service. " We are also informed that you make some difficulties about complying with the request made to you by the ship builders. Though neither the Continental or Provincial Congress would choose to possess themselves of any man's property against his will, yet you will readily see that your refusal to comply with the request above mentioned will render you obnoxious to all the friends of liberty. " It is therefore recommended to you by this Committee to permit the ship builders to occupy the spot they have applied for, and we engage to make you a proper compen- sation for the same. " We are, sir, your hble. servants, " By order of the Committee. f Jas. Livingston, Esqr." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Die Jovis, 3 ho. P. M. January \8th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Mr. McDougall, Mr. Brasher, Mr. Tredwell, Mr. Brews- ter, Mr. Clarke, Mr. Sands. A letter from Thomas Wickes, Esqr. chairman of the committee of Huntington, of the 12th inst. to the Chair- man of this Committee, and which was received on the 15th inst. requesting commissions for two companies of the militia there, was taken into consideration. The Committee are of opinion that the return is not made agreeable to the directions of the militia law ; that therefore the commissions be delayed, and that Mr. Tred- well write a letter to Mr. Wickes informing him of the ir- regularity of the return, that the same may be regularly returned. Mr. Brewster produced a letter from John Young, chair- man of the committee of Mamacoting precinct, requesting commissions for two companies of militia in Ulster county, one of which companies is the Mamacoting militia com- pany of foot, and alleging that the former return sent to Congress of the election of officers of that company was a counterfeit. Ordered, That a letter be wrote to Mr. Young inform- ing him of all the returns on file signed with his name, and that the commissions applied for by Mr. Young be de- layed until Mr. Young's answer is received. The Committee then ordered Alexander Lesslie to be brought before them, (and Col. Van Cortlandt and Col. Brasher, by order, having examined James Lesslie, and made report that they had not thereby obtained any infor- mation ;) and the said Alexander Lesslie in the strongest manner averring his innocence in the presence of Philip Livingston, Esqr. one of the Continental Delegates, who, on request of the Committee, was attending to hear his ex amination, the Committee permitted the said Alexander Lesslie to go at liberty on his parol, to return and appear before this Committee to-morrow at noon, and prepared to give security for his future appearance, if such security should be required. DIE VENERIS, 10 ho. a. m. Jany. 19th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Mr. Tredwell, Mr. Brewster, Mr. Clarke, Col. Brasher, Col. McDougall, Mr. Sands. A return of officers of a company of militia at the White Plains and the manor of Scarsdale, in Westchester county, was read and filed. Anthony Miller, Esqr. is returned for captain, Nichs. Fisher 1st lieut. and John Crumpton 2d lieut. A return of officers of a company of militia for the north end of Salem, in Westchester county, was also read and filed. The gentlemen returned are Jesse Trusdell for capt. Ezekiel Hawley 1st lieut. Solomon Close 2nd lieut. and Elijah Deane ensign. Ordered, That commissions issue for those gentlemen immediately. Lieutenant David Reynolds from the fortifications in the Highlands, brought returns of Capt. Saml. Raymond's and Capt. Burns' companies of minute men, now on duty at the fortifications in the Highlands. Lieut. Reynolds was also charged with mentioning to the Committee the want of bowls and plates, and some other necessaries for the troops at the fortifications, and letters from the captains of the minute companies to Col. McDougall, were read. Thereupon a draft of a letter to Capt. Samuel Raymond, was read and approved, and is in the words following, to wit : " In Committee of Safety, ) " New-York, Jany. 19th, 1776. $ " Sir — Your several favours to Col. McDougall, have been communicated to the Committee of Safety, as well as the matters with which Lieut. Reynold was charged. The Continental and Provincial Congress having directed by sundry resolutions, what shall be done with such persons as discover a temper unfriendly to the Colonies, you are to secure the violators of those resolutions, and send them with the evidences by a sufficient guard to the committee of the county where the delinquents shall reside. " It is the opinion of this committee that the minute companies now in the fort, do remain there until they are relieved by the Continental troops, and that no change of minute companies be made, unless any of the companies now there should decline the service. As Lieut. Reynolds informs us you want some wooden platters and bowls for the troops, you are hereby requested to purchase a suffi- cient number in the neighbourhood, and draw an order on Mr. Peter T. Curtenius, our commissary, and transmit the account for them, which he will be directed to pay. 256 JOURNAL OF THE COMMITTEE OF SAFETY. You may provide cider in the neighbourhood for the troops, and you are to be particularly careful to purchase those articles on reasonable terms. Shoes may be purchased cheaper in the country than in the city, and if the men provide them and their clothes, no stoppages will be made for them. " You have herewith copies of the resolutions of Con- gress above mentioned. Col. iNicoll of the Orange county minute regiment, is appointed by the Committee of Safety to command at the fort till a commandant shall be appoint- ed by the Continental Congress, or till he shall be relieved by a Continental officer. " We are, sir, your very humble servts. (Signed,) " By order and in behalf of the " Committee of Safety. " Capt. Saml. Raymond." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted by Lieut. Reynolds. The Committee taking into consideration the distress this Colony may soon be reduced to for want of canvass or some other proper materials to make tents of, and also the high probability of obtaining gunpowder at Curacoa ; Ordered, That Mr. Sands, with all possible despatch on behalf of the Congress of this Colony, and by order of this Committee, do employ a proper vessel and load her with flour for Curacoa, with proper letters and orders to procure gunpowder and ravens duck. Alexander Lesslie attended according to the order of yesterday. Mr. Tobias Stoutenburgh attended with the said Alexr. Lesslie, and the said Alexander Lesslie en- gaged to attend on this Committee at any time when called on ; and Mr. Tobias Stoutenburgh here present in the committee, engaged that the said Alexr. Lesslie will attend this Committee when called on for that purpose ; and that he, the said Tobias Stoutenburgh on notice for that pur- pose, will bring the said Alexander Lesslie before the said Committee. Die Veneris, 3 ho. P. M. J any. 19th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Mr. McDougall, Mr. Brasher, Mr. Tredwell, Mr. Sands, Mr. Brewster, Mr. Clark. This Committee being informed by Lieut. Tilghman, of the light infantry in the 3rd battalion of the militia of Phi- ladelphia, of the repulse of the Continental troops at Que- bec, and of certain disorders in the county of Tryon in this Colony, which he received from Genl. Schuyler, the Committee thought it necessary to order one half ton of gunpowder from the fortifications at the Highlands to Ge- neral Schuyler. (General Schuyler informed Col. McDou- gall by letter, that he had sent this powder into Canada.) Thereupon a draft of a letter to the commissioners and to the commanding officer at the said fortifications, was read and approved of, and is in the words following, to wit : "New-York, Jany. 19th, 1776. " Sm — You are on sight of this to procure as many sleighs as will carry one half ton of powder to General Schuyler at Albany, and despatch it with the utmost expe- dition, and with a guard, and the officer of the guard is to call on the committees on the road for assistance of fresh horses and a guard. Great care should be taken to cover the powder, and no fire or other materials should be suffer- ed to come near it, and the guard should be careful of their arms when they approach it. " We are, sir, your humble servants, (Signed,) " By order and in behalf of the " Committee of Safety. "To Mr. Tuos. Grenneix and to Col. Js. Nicoix, and in his absence, to the commanding officer at the fortifications in the Highlands." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted by Sampson Dyckman, an express. A draft of a letter to the committee of Albany to accom- pany the said half ton of gunpowder, was read and ap- proved of, and is in the words following, to wit : " In Committee of Safety, > " New-York, Jany. 19th, 1776. J " Gentlemen — The account of the unhappy disaster of our army at Quebec, we fear will give heart to the ene- mies of America in Tryon county, against whom, we un- derstand, General Schuyler has marched. Lest there should be a deficiency of ammunition in your quarter to supply his wants, we send you by express, for his use, half a ton of powder. He may not be on the spot, there- fore either convey it to him or send him intelligence of its arrival, according to your discretion ; we need not recom- mend despatch. " We are, gentlemen, " Your most obt. servants, " By order of the Committee. " To the Committee of Albany." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. One Decker, a boatman from Staten Island, applied to the Committee, and informed them that he was coming to market with a boat load of wood, which had been taken from him by one of the ships of war. He and two other persons made oath, before Alderman Filkin, that the said wood was taken without his consent, and thereupon the Committe gave him a certificate to prevent his being blamed in this instance. Johnson being recommended as a proper person, and having served as a lieutenant of artillery in the Continental army, Ordered, That he be appointed 2nd lieut. of the artil- lery company to be raised in this Colony for the defence of the Colony. DIE SABBATI, 10 ho. a. m. January 20th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Col. McDougall, Col. Brasher, Mr. Sands, Mr. Tredwell, Mr. Brew- ster, Mr. Clarke, Mr. Scott. The Committee being well informed that the cannon be- yond King's Bridge, near Williams's, are spiked up, and thereby rendered unfit for use ; and as it is absolutely ne- cessary to have those spikes drilled out that the cannon be ready for use, Ordered, That Col. McDougall employ proper persons to have the spikes drilled out of those cannon, or such of them as are otherwise fit for use ; and that Col. McDou- gall be, and he is hereby empowered, to emply a proper guard of the militia to take care of those cannon, in such manner as he shall direct. And Ordered further, That Col. McDougall be, and he is hereby authorized to have carriages, and all other necessa- ries provided for the said cannon, so as to have them ready for use with all possible despatch. Col. Lott came into the committee and conferred with them relating to his vessel, which is to go to the foreign W. Indies for gunpowder ; and the material parts or out- lines being fixed, the agreement was left to be completed by Mr. Sands. Col. Lott also produced a sample of bis- cuit by him prepared, as fit for a magazine, agreeable to a former request of this Committee. Thomas Henderson, Esqr. a major of minute men in Monmouth county, in New-Jersey, attended on the Com- mittee, and informed that he was sent by the Committee of Safety of New-Jersey, with a guard, to conduct several prisoners taken in New-Jersey, being inhabitants of this JOURNAL OF THE COMMITTEE OF SAFETY. 257 Colony, who had been proceeding in the sloop Polly and Ann, from this port, to Boston. Major Henderson delivered to the Committee the affida- vit of James Webb, which was read and filed, and is in the words following, to wit : "James Webb, of full age, being duly sworn on the Holy Evangelists of Almighty God, deposeih and saith, that in Deer, last, he, this deponent, with his wife, entered on board a small sloop in New- York harbour, called the Polly and Ann, whereof one Hains was captain, bound (as this deponent was then informed) to Boston, which vessel was laden with provisions. That on or about the 20th of said Deer, the said vessel sailed from New-York, and that he never heard that said vessel was bound to any other port than Boston, until said vessel soon after met with bad weather, when it was said on board said vessel that she was bound to the West Indies ; that on the 23d Deer, the said vessel was stranded on the Jersey shore ; that the captain of the said sloop, one Isaac Gidney master, Bar- tholomew Hains a passenger, one Palmer who owned part of the cargo, all from Mamaroneck, in Westchester county, Moses Marden, one Graham, this deponent and his wife, with one Sanford and two more, were on board said vessel when she stranded. That this deponent verily believes said vessel was bound to Boston ; that since the said vessel was on shore, this deponent observed that the labels on the packages, casks and boxes, were torn off, but that he does not remember to have taken notice of any marks or labels on any of the freight so as to describe them, before taken off ; that most of the persons on board left the said vessel to go by land to New-York, soon after they got on the shore, among whom this deponent went to New- York, from whence he lately returned to this Province for his wife and several small effects he had on board ; and further this deponent saith not. " JAMES WEBB. "Sworn the 11th Jany. 1776, > before me. > " JonN Dennis." Major Henderson also delivered a copy of the proceed- ings of the Commiitee of Safety of New-Jersey, with re- spect to those prisoners, which was read and filed, and is in the words following, to wit : " Committee or Safety, ) "Prince Town, January lHh, 1776. J " This Committee received information from the com- mittee of the county of Monmouth, by Dr. Scudder and Dr. Henderson, and also by letter from the chairman of said commiitee, that a small sloop called the Polly and Ann, one Hains captain, was, on the 23d of December last, stranded on Squam beach, on board of which was a quantity of beef, pork, and other provisions ; which vessel and cargo is now in the care and custody of Col. Furman, except such arti- cles as were perishable, which the committee directed to be sold by Dr. Scudder and Dr. Henderson ; an inventory of which cargo, as well such as were sold as such as re- main, was laid before this Committee ; and one James Webb, a passenger on board said vessel which is stranded, appeared before this Committee, by whose deposition it appears that said vessel was bound from New-York to Bos- ton, and from all circumstances the provisions on board were designed for the ministerial army. The committee, taking the above matters into consideration, think it proper that the whole of said cargo be immediately sold and the vessel secured ; which vessel, with the amount of the sales, after deducting the necessary expenses, be referred to the disposal of the Congress of this Colony at their next sit- ting ; and that Col. David Furman, Dr. N. Scudder and Dr. Thomas Henderson, be and are hereby authorized and empowered to secure the above said vessel, and complete the sales of the cargo, in some convenient time, and ac- count for their sales and report their proceedings to the Congress of this Province at their next sitting ; and may deliver to the seamen and passengers belonging to said 65 vessel, all such clothing and other effects as belong to them, (exclusive of the cargo,) provided they in a reason- able lime call for the same ; and that the thanks of this Committee be returned to Col. Furman for his extraordina- ry care and vigilance in securing the said vessel and cargo. " And whereas, it appears that the captain, master and passengers of the said sloop Polly and Ann, stranded on Squam beach, are inhabitants of the Colony of New-York, it is therefore, " Ordered, That the said captain, master and passen- gers, or such of them as are in this Province, be conveyed under a guard as Col. David Furman may think proper, to New-York, and delivered to the Provincial Congress or Committee of Safety, to be dealt with as they may think proper. " A true copy, bv order of the Committee. " ABRA. CLARK, D. Secy." James Webb being personally brought before the Com- mittee says, that he intended to go to Britain to lake care of a relation and her estate, and expected to be enabled to return to this country at some future time and carry on his business with spirit ; that he was going to Boston to ob- tain a passage from thence to Britain ; that he went on board the sloop Polly and Ann before she sailed ; that he did not then see the captain, but that a person then on board informed him that the sloop was to go to Boston, and that they would take him and his wife passengers ; thereupon he went on board of the vessel the next day, which was the day before she sailed ; that the vessel sail- ed on Wednesday and was stranded on Saturday night fol- lowing ; that the captain told him that his cousin Bartholo- mew Hains fled from home, and that in running away he fell down and lost either his gun or bayonet or both, and would not stay to take it up. Major Henderson says that James Webb appeared open and candid in his examination before the Commitee of New-Jersey. James Webb requested a certificate to protect him while he tarries in this Colony. Thereupon a certificate was given to him in the words following, to wit : " This Committee have heard and examined the case of James Webb, in his presence, and nothing appearing against him he is discharged ; and this certificate is given to him as a protection whilst he tarries in this Colony and demeans himself well and consistent with the liberties of this Colony." Major Henderson says that Hains, the captain of the said sloop, broke jail in New-York a few weeks ago, and stole a boat and got on board of the man of war, and was there protected until the vessel sailed, and the said Haines con- fessed this to one of the guard on the way to New-York. He farther says, that the casks and boxes found on board of the said sloop had had labels nailed to them, but that all the labels were torn off; that among the labels torn off he found one directed to Genl. How, Boston, turnips ; another to Mrs. Ann Wood, Boston ; another to Genl. Ruggles, Boston ; several to one Willard, at Boston ; and a back of a letter directed to Genl. How ; that the directions to Genl. Ruggles is lost, but that the directions to General How and Mrs. Wood can be sent here. That he was informed by Wm. Taylor that several per- sons who had been passengers in the sloop Polly and Ann had informed John Morris, of Shrewsbury, that ihree quar- ter casks of Madeira wine and other things which were on board for Genl. How were shipped by Governor Tryon, and by a bit of an invoice, found it cost £22 10s. per quar- ter cask. That John Graham declared he had shipped on board to go to the West Indies, but that he verily believed the sloop was bound to Boston. Major Henderson says that it appears to him the sloop must have been intended to go only coastwise, for that it is testified by the late master and people on board that they did not keep any reckoning or heave a log-line. 258 JOURNAL OF THE COMMITTEE OF SAFETY. David Rhea says that Capt. Hains told him he was put in jail because he refused to deliver up his arms, and that his punishment had been determined ; that he should not eat nor drink until he had delivered them up. That he broke jail by breaking six grates out of a window, and stole a boat about midnight, and got on board of the man of war. That the sloop Polly and Ann was purchased for him about three days or less before the time of her sailing, and that she was purchased of Isaac Gidncy. Die Sabbati, 3 ho. P. M. January 20th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scotl, Col. McDougall, Col. Brasher, Mr. Brewster, Mr. Tred- well, Mr. Clark, Mr. Sands a very short time. One Pettit of New-Haven, by request, attended on the Committee ; he informed in substance, that Genl. Lee is at New-Haven ; that he is raising troops ; that it is re- ported currently that he is to raise 1,500 men and to come to New-York. That he did not see Genl. Lee, and has not any other information than common report. That Genl. Lee did not bring any tioops with him to New-Haven. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, ad- vance and pay to Mr. John Holt, one hundred pounds, on account of the moneys due to him from the Provincial Congress and Committee of Safety of this Colony, and that Mr. Livingston take Mr. Holt's receipt for the same. Mr. John Foster of Suffolk county, one of the mem- bers of the late Provincial Congress, applied to the Com- mittee to continue the permit given to him last summer, to export live stock in order to purchase gunpowder. The Committee informed him it was not in their power. Mr. Foster then informed the Committee that he had a vessel which he intended to offer for sale to the Continental Con- gress, and requested a letter to introduce him to the Dele- gates, as well relative to the sale of the said vessel as to the said permission, and this Committee having occasion to write to the Delegates on other matters, the following draft of a letter was read and approved of, and is in the words following, to wit : " In Committee of Safety, ) " New-York, J any. 20th, 1776. $ " Gentlemen — This will be delivered to you by Mr. John Foster, who was a member of our last Provincial Congress, and is a warm friend to American liberty. "In the last summer, during the continuance of our Pro- vincial Resolves against the exportation of live stock, and be- fore the non-exportation ordered by the Continental Con- gress took effect, he obtained from the Provincial Congress license to export live stock for the purpose of importing powder, the execution of which he suspended until he could send his vessel out without danger of molestation from the men of war ; and as the season of the year now gives him security against that danger, he is desirous of pursuing his object, for which end he has put himself to considerable expense. He therefore applied to us for a continuance of his permission, conceiving that as it was originally granted before the non-exportation took effect, this committee has a power to give such continuance. We informed him that we were clearly of opinion that he had lost his opportunity, and that we could not relieve him ; he thereupon signified his intention of applying to the Con- tinental Congress on that subject, as well as concerning a large ship which he is now building, and which he intends to offer for sale to Congress, and requested our recommen- dation in hopes it would give his application weight. We therefore beg leave to recommend him through you to the Congress, as a gentleman worthy of the notice of that re- spectable body. "We have it much at heart to prevent as effectually as possible the importation of British and Irish goods ; to this object our attention has been called by a late importation by the way of St. Eustatia ; according to the present re- gulation, the reshipping of the goods is the only punish- ment in point of property to be inflicted on the offender, and we think it absolutely necessary to substitute confis- cation instead of the reshipping of the goods, as the most effectual means to check offenders of that kind, and in this view we beg leave to recommend the proposed amend- ment to your attention. " We have thought it necessary to appoint a barrack master for the city and county of New-York, in order that the barracks in this city may constantly be kept in a pro- per state for the comfortable accommodation of the Con- tinental troops that may from time to time be posted here, or be marching through this city. We have nominated Garret Roorback to that office, and therefore entreat you to procure the settlement of his salary by the Congress. " In the resolves of Congress of the 8th inst. it is re- commended to this Committee to inquire ' whether the depth of water in Hudson river below the battery may not be easily lessened, so as to prevent large ships passing.' We are at a loss to determine with any certainty what bat- tery is meant, and request an explanation on that head. " We have appointed a person agreeable to the resolve of Congress of the 2nd inst. for collecting copies of all petitions, memorials and remonstrances which have been presented to the Throne or either of the Houses of Par- liament since 1762, and the answers to them. " We agree that the reasons you assign against making application for liberty to export flaxseed are sufficient, and therefore think it best to withhold such application. "The business recommended to us in the former part of the resolve of the 8th inst. for securing the port of New- York, has been some time under our consideration; we have had an accurate sounding of the channel, which with the plan for securing the port and a calculation of the ex- pense that will attend it, we shall communicate to you as soon as possible. " On the subject of the resolve of Congress for an ex- change of Lieut. Tylee, we beg leave to inform the Con- gress, that a few days before the receipt of that resolve, application was made to Capt. Vandeput under our direc- tion, by a person connected with Lieut. Tylee to procure his exchange, Capt. Vandeput answered that it was not in his power to exchange him at present ; that he had long since wrote to his admiral for directions on that subject, the answer to which had miscarried, and that he had not any directions to exchange. We have appointed a member to request the mayor of this city to use his in- fluence with Capt. Vandeput or Captn. Parker, to make a second application to the admiral on that matter. " We have received from you, gentlemen, sundry re- quests about our accounts. We are so few in number, and continually so over pressed with the despatch of pub- lic matters, that it has not yet been in our power to give due attention to that affair. We will endeavour to employ assistance and have the accounts prepared as soon as pos- sible. " We are most respectfully, gentlemen, " Your most obt. hble. servants. " By order of the Committee. " To the Delegates of the Colony of New-York, at Congress." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted by Mr. John Foster. DIE SOLIS, 9 ho. a. m. January 2ist, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Col. McDougall, Col. Brasher, Mr. Tredwell, Mr. Brewster, Mr. Sands, Mr. Clark, Mr. Scott. The Committee were informed by some of their mem- JOURNAL OF THE COMMITTEE OF SAFETY. 259 bers, that many of the inhabitants are removing their fa- milies and effects from this city at great expense. That the inhabitants are alarmed by the confident reports that Genl. Lee is at New-Haven or on his way thither, with a considerable body of troops. The Committee are of opi- nion that it may occasion great difficulties and inconveni- ences to the inhabitants of this city, should any body of forces arrive here for active service, and it would tend to the peace and happiness of the inhabitants for this Com- mittee to obtain some information on that subject. Thereupon a draft of a letter to Major Genl. Lee was read and approved of, and is in the words following, to wit: " In Committee of Safety, > " New-York, 21st Jany. 1776. J " Sir — The inhabitants of this cily are much alarmed at various confident advices of your destination with a con- siderable body of forces for active service here. Confident however as those advices may appear to people without doors, we cannot readily credit them, as we conceive it most probable that were you preparing to execute any plan of that kind, it would be preceded by some intimations to us on the subject from the Continental Congress, General Washington or yourself. We therefore should not have troubled you with this application, had it not been to pro- cure such information from you as may enable us in a pru- dent use of it, to allay the fears of our inhabitants, who at this inclement season of the year will continue, as they have already begun, to remove their women and children, and which if continued may occasion hundreds to perish for want of shelter. This Committee and the Congress whose place we fill in their recess, are, we flatter ourselves, as unanimously zealous in the cause of America as any representative body on the Continent, so truly zealous that both the one and the other will cheerfully devote this city to sacrifice for advancing that great and important cause. But to acquit ourselves in the judgment of the Continent, which in point of public aid is deeply interested in the preservation of this metropolis, and to our constituents who expect our prudent care of their lives and properties, we think it our indispensable duty to inform you that though we have advi- ces that Genl. Washington has been informed of the arri- val of a large quantity of powder among us, we have not a sufficiency to enable you to act hostilely against the ships of war now in port ; our whole quantity of public powder is less than three tons. No works are erected to annoy the enemy in their present situation. Should it be practicable at this juncture to erect hasty works for that purpose, to what shift are we to betake ourselves after our trifling supply of ammunition shall be expended ? The commence- ment of hostilities for which we are now so unprepared will preclude the possibility of a supply even for our mus- ketry in the ensuing campaign. The strict guard against the exportation of ammunition from the foreign ports in Europe, we have great reason to fear will cut off all hopes of supply from that quarter, as well to us as the Continen- tal Congress. We have sent sundry adventures thither, some of which have failed ; for this reason we are daily push- ing adventures to the West Indies, with the article of provi- sions, as a necessary expedient in the present uncommon scarcity of bullion. The ships of war give no interrup- tion to our vessels despatched on those adventures ; a fa- vour we cannot expect, should hostilities begin, and even should we be fortunate enough to oblige the ships of war to quit this port, by expending the little powder we have, an event which our most sanguine hopes cannot promise us, the attention of our enemies will effectually prevent our expected importations. For those reasons we conceive that a just regard to the public cause, and our duty to take a prudent care of this city, dictate the impropriety of pro- voking hostilities at present, and the necessity of saving appearances with the ships of war till at least the month of March. Though we have been unfortunate in our dis- appointments with respect to some of our adventures, yet be assured sir, we have not been idle ; our intrenching tools are almost completed to a sufficient number ; we are forming a magazine of provisions for 5,000 men for a month, in a place of safety, and at convenient distance from this city ; we have provided ourselves with six good brass field pieces; have directed carriages to be made for our other artillery, and are raising a company of artillery for the defence of the Colony on the Continental establish- ment. These things when accomplished, with other smaller matters, and with the arrival of some gunpowder, the prospect of which is not unpromising, will enable us to face our enemies with some countenance ; we therefore ardently wish to remain in peace for a little time, and doubt not we have assigned sufficient reasons for avoiding at present a dilemma in which the present entrance of a large body of troops into this city, will almost certainly in- volve us. Should you have such an entrance in design, we beg at least that the troops may halt on the western con- fines of Connecticut till we shall have been honoured by you with such an explanation on this important subject, as you conceive your duty may permit you to enter into with us, the grounds of which you will easily see ought to be kept an entire secret, and to assure you that, " We are, with great respect and esteem, sir, " Your most obt. servants, " By order of the committee. " Major Genl. Lee." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted by Gerret Vandenbergh, as an express for that purpose. That particular instructions be given to Vandenbergh to inquire on the road, at proper stages, for Major-General Lee ; if he should meet him at any stage, or come near him to deliver him the letter with which he is charged. That if Major-Genl. Lee was not at New Haven, and in Connecticut, he should proceed to him with the letter ; but that if General Lee had departed the Colony of Con- necticut, he should return with the said letter to this com- mittee. Die Solis, 3 ho. P. M. Jany. 2lst, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Col. McDougall, Col. Brasher, Mr. Brewster, Mr. Tredwell, Mr. Sands, Mr. Clark. Mr. William Leary the town major came and informed this Committee of Safety that part of the city guard under his direction, had apprehended a certain Joseph Wool- combe, who was come from on board of a transport ship off Sandy Hook to go on board of the ships of war in port ; and that he had also apprehended Capt. William Dobbs, the pilot, who had brought him on shore for that purpose, and that he had sent them to the guard-house. That he caused the said Joseph Woolcombe to be searched, and had found in his custody five letters, which he had brought to the Committee of Safety for their inspection or direc- tion. The said several letters being opened and read, appeared to be wrote and directed to the persons for that purpose hereinafter named, and to the following effect, to wit : 1st. A letter from I. H. Dempster, captain of the ship Blue Mountain Valley, dated January 22nd, 1776, and di- rected to his brother, George Dempster, Esqr. Oxford- street, London. He therein informs him " that he was now preparing to send an officer on shore to be fully satis- fied of the propriety of going into New-York. That he had been three weeks on the coast without seeing or speak- ing with any of the King's ships. " That he was greatly amazed at not yet seeing any of the men of war ; his instructions strictly forbidding him to enter Boston or any other port or harbour in America 'till he had spoke with some of His Majesty's ships, proper orders having been sent out for that purpose. That the 260 JOURNAL OF THE COMMITTEE OF SAFETY. ship was in a bad state ; he feared that her rudder must be unhung before he could proceed any further, and that they were in want of water." 2nd. Letter from the said I. H. Dempster of the same date, directed to Robert Hunter, Esqr. Coleman-street, London. In this letter he says " they had been three weeks on the coast, that they had not seen any of the King's vessels, though by the tenor of his instructions from the board he had reason to suppose he should long ere this time have met some of them." 3rd. A letter from the said I. H. Dempster, of the same date as the others, directed to Richard Cardin, Esqr. Buck- lersbury, London ; containing advices to the same effect as the letters before mentioned. 4th. A letter from I. H. Dempster, of the same date, di- rected to his brother, I. Townshend, London ; containing the like advices as the others. 5th. A letter dated said 22nd January, from Joseph Woolcombe, the mate (and now in the barrack) to his father, containing advices of a long passage, very bad weather, loss of sails, ship in bad order ; that they had 80 hogs when they sailed, and had now only ten left ; that pork would come dear to the soldiers. Capt. William Dobbs, by order of the Committee, was brought before them and examined : He described the ship Blue Mountain Valley, says she is a transport from England with porter and coal for the ministerial army ; that Joseph Woolcombe is mate of the said ship ; that he did not promise to put said Woolcombe on board of one of the ships of war, but only promised to bring him to the city ; that Woolcombe did not mention any thing about the going on board of the ships of war, or either of them, until he was near the city, and that he, the said William Dobbs, refused to put him on board. Capt. William Dobbs returned with a guard to the guard- house, at the upper barracks. DIE LVNJE, 10 ho. a. m. J any. 22nd, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Col. McDougall, Col. Brasher, Mr. Tredwell, Mr. Brewster, Mr. Clark, Mr. Scott, Mr. Sands a very little time. A letter from Mr. Thomas Grennell, one of the commis- sioners at the fortifications, was read and filed, and is in the words following, to wit : " Sir — I received yours of the 16th inst. and shall en- deavour to comply with the contents. The foundation of the intended battery was completed on Sunday last, the length of which is 140 feet, the breadth at bottom 12 feet, and at the top 10 feet, and its height is 4 feet on an ave- rage. The materials are chiefly large rocks from 500 to a 1,000 weight and some much larger, filled in with the largest stones it would take, and the small vacancies filled with coarse gravel instead of mortar, as that could not be used at this season of the year. I had the misfortune to have the first range of timber for the breast work laid be- fore I received your order to stop going on with the same ; with respect to the extension of the base to 15 feet, it may be done, if thought necessary, at a very small expense, as the materials are handy, and shall leave you to judge of, from the cost in wages of what has been done already, of which you have in the annexed account, with the first charge of the timber and plank for the breast-work and plat- form. The breast work was proposed to be 3 feet thick and well braced, trundled ; the height will be suitable to the gun carriages ; as to the magazine, it still continues very damp, though there has been three fires constantly in it for these three or four weeks, and I doubt whether it will be fit for use this winter ; the powder I shall take all the care in my power of ; but am obliged to supply the minute men out of our old stock, for they came here with- out any. " I am, sir, your humble servt. "THOS. GRENELL. " Highlands, Jany. 19th, 1776." " I also mention that the intended battery is 714 yards from the West Point ; and from Bunn's Hill to the West point is 740 yards. " An account of what charge the intended battery has, in some measure, already been : jE s. d. The wages to workmen and labourers completing the line about 20 00 00 To 12 inch square timber for the breast-work, 16,200 feet, Sleepers for the platform, 2,000 " Plank for ditto 4,000 " First cost of the above timber 6s. pr. 100 feet, 66 12 00 It may be finished by 10 carpenters we have here on the spot, in about 10 days, at 5s. 6d. per day, 27 10 00 £114 2 00 " Some few other necessaries, such as deck nails and trundles, will be wanted. "THOS. CRENEL. " To Pierre Van Cortlandt, Esqr. Chairman of the Committee of Safety. New-Yoik." A letter from Lord Stirling was read and filed, and is in the words following, to wit : " Elizabeth Town, January 20th, 1776. " SiR-^-Your letter of the 17th I have received. What you mention with regard to the barracks at New-York, I shall communicate to the Continental Congress. The 100 firelocks which your Congress have been so good as to spare us, will be paid for by the Congress of this Province at their next meeting the 31st of this month, agreeable to an order of the Continental Congress of the 2nd inst. ; such of them as are finished, you will be pleased to order to be delivered to Major De Hart of my regiment, whom I shall desire to call for them in his way back from Long island. " I am, sir, your most humble servant, " STERLING. "To the Chairman of the Committee of Safety of New- York." Col. McDougall informed the Committee that the captain of the man of war had despatched a pilot boat with mari- ners and marines to the relief of the transport ship at the Hook. The Committee are of opinion that notice thereof should be given to Lord Stirling by express. Thereupon a draft of a letter to his lordship was read and approved of, and is in the words following, to wit : " In Committee of Safety, ? "New-York, Jany. 22d, 1776— 12 o'clock. $ "My Lord — This minute the captains of the men of war have taken a pilot boat, and sent her down towards the Hook with mariners and marines on board from 20 to 25 in number. " If your party goes to secure the ship, they should se- cure the pilot boat first ; or, in our opinion, there should be two or more boats with men, to contain at least 50 or more men in the whole, otherwise they may fail of suc- cess. " We have the honour to be, most respectfully, " Your lordship's most obt. hble. servants, " By order of the Committee of Safety. " To the Right Honble. Wm. Earl of Sterling, and in his absence to the Chairman of the Committee at Elizth. Town." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted by Sampson Dyckman. Hart Jacobs, a Jew, attending at the door, requests an exemption from doing military duty on the city watch on Friday nights, which is part of his Sabbath, thereupon a certificate was given to him in the words following, to wit: " Hart Jacobs of the Jewish religion, having signified JOURNAL OF THE COMMITTEE OF SAFETY. 261 to this Committee, that it is inconsistent with his religious profession to perform military duty on Friday nights, being part of the Jewish Sabbath ; it is " Ordered, That he be exempted from military duty on that night of the week, to be subject nevertheless to the performance of his full tour of duty on other nights." Col. McDougall informed the Committee that he had purchased the sloop Sally to be made an armed vessel, for the sum of £325, and requested an order for that sum. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, advance to Col. McDougall the sum of £325 to enable him to pay for the sloop or vessel called the Sally, which he has pur- chased in pursuance of an order of Provincial Congress of the 20th day of December last past. And, Ordered, farther, That the said Treasurer advance and pay to Commodore James Smith, on Continental account, the sum of £26 13s. 4.d. for 2 months' pay, in part of his pay while in the Continental service at Lake Champlain, and that Mr. Livingston take a receipt or receipts for the same. The Committee took into consideration the necessity and advantage of having sundry small armed vessels to protect trade in this and the neighbouring Colonies, and also to seize transports with provisions intended for the ministerial army and navy, and to prevent the same from being exported by persons unfriendly to the measures of the Colonies. Thereupon a draft of a letter to the Delegates of this Colony at Congress, was read and approved of, and is in the words following, to wit : " In Committee of Safety, ? " New-York, Jany. 22nd, 1776. J " Gentlemen — With the utmost anxiety we have be- held the supply of provisions collected last autumn on board the ship of war, by the means of small boats from Queens and Westchester counties, for the purpose of supplying the ministerial army at Boston. Our Congress, impelled by a desire to prevent so great a mischief, authorized Col. Mc- Dougall to equip a small armed vessel, to watch those and other dangerous supplies of the like kind. " We are informed by one of our Delegates that Con- gress will readily take this vessel into the Continental service ; should it be so determined, her flag should be described to us, marine articles of war provided, with a roll of pay, and sent to us without delay. An acquaintance with the navigation in our neighbourhood, points out the necessity of immediately equipping three other small vessels of easy draught of water, sufficiently manned and provided both to attack and repulse the barges of the men of war with suc- cess, and constructed in such manner as to take shelter in coves and inlets out of the reach of superior force, and under cover of the musketry of the country. Those vessels will effectually scour the navigation of this port and its environs, and besides procuring offensive advantages, will prevent the above mentioned mischiefs. One of them should be stationed at Amboy, to watch the navigation from thence to Sandy Hook ; another at Elizabeth Town, to attend that between Staten island and New-Jersey and the southward- most parts of our bay ; another on Hudson's river ; and a fourth, the parts of the Sound to the eastward of this har- bour, and they all might be occasionally used as express boats. The one already provided, is commanded by James Smith, who was commodore on the lakes the last summer with the rank of major. He has approved himself a man of worth in the naval service of the Continent, and as he has yet received no pay, we shall advance him some money on that score for his last year's service. Should the Con- gress approve of the proposed plan, we will cheerfully en- gage under their direction in the equipment of three more vessels ; but to answer the good ends proposed, their order should be handed to us without delay. The vessels com- pletely equipped, except the artillery and musquetry which we will supply, will cost about £600 each. 66 " Egg Harbour is now known to our enemies as a place of debarkment for certain necessaries. We therefore think that a small redoubt should be there built, garrisoned always by a proper captain's guard, with barracks to contain 200 men, so situated as to command the entrance of the harbour, and provided with cisterns to take rain water. Cedar wood is plenty there, which will answer all the purposes of wood work ; and to complete the defence, a galley to mount a six pounder in her stem should, we think, be provided. " We have no grape shot for our field pieces, six pounders, nor coals to manufacture them. We beg to be informed if we can be supplied with that article in Phila- delphia ? If so, be pleased to send two tons to Elizabeth Town without delay, to our direction, together with the amount of the cost, which we shall remit without delay. " We are, gentlemen, your mo. obt. servants, " By order of the Committee. " To the New-York Delegates in Continental Congress, Philadelphia." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Joseph Woolcomb, mate of the ship Blue Mountain Valley, was brought before the Committee and examined. He says he was chief mate of the ship Blue Mountain Valley ; that she is laden with hogs, provisions, &c. for Boston ; left London 13 weeks ago ; that he was sent up to New-York by the captain, to put some letters for En- gland on board of the men of war, and to return ; that the ship was to lie off and on 14 hours for him ; that they have had bad weather ; that 36 sail of transports with stores and provisions came out with them ; that as many more tran- sports were ready to sail ; that they have had such weather that he believes many other transports are gone to the West Indies ; that the Blue Mountain Valley is a sharp built ship, and would make as good weather on a winter coast as any ship ; that two troops of light horse came out in transports with their vessel, and were to winter in the West Indies. Ordered, That Mr. Woolcombe remain in custody in Capt. Ledyard's room, for farther examination. The Committee conceiving it too great a burthen on the minute men, or detachments from this city, to continue long on the duty of guarding the cannon at King's Bridge, con- cluded that it would be most convenient to have a guard of Westchester minute men at that place. Thereupon a draft of a letter on that subject to Lieut. Col. Graham, of the minute men in Westchester county, was read and approved, and is in the words following, to wit : =J! In Committee of Safety, ) " New-York, Jany. 22nd, 1776. J " Sir — Having received information that some evil mind- ed persons have spiked up the cannon near King's Bridge, to prevent their being further damaged or rendered entirely unfit for service, we think it necessary that a continual guard should be kept over them. For their immediate se- curity, we have sent out a company from one of the inde- pendent battalions of this city, but as they are too much harrassed with continual duty upon the large guards it is necessary to keep up in this city, we desire that you would as soon as possible, cause them to be relieved by a com- pany of minute men out of your regiment, to be upon constant duty till further orders ; their pay and billeting to be the same allowed for the Continental troops now raising. " We are, sir, your very humble servants, " By order of the Committee. " N. B. — This business is committed to you, sir, as your colonel's remote residence would make it inconvenient to direct it to him. You'll please to apologise to him for the same. "To Lieut. Col. Lewis Graham, of the regiment of minute men in Westchester county." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. JOURNAL OF THE COMMITTEE OF SAFETY. 262 Die LuNiE, 3 ho. P. M. 22d Jany. 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Col. McDougall, Col. Brasher, Mr. Brewster, Mr. Tred- well, Mr. Clarke, Mr. Sands. Two letters from Thomas Grennell, one of the commis- sioners at the fortifications in the Highlands, to Mr. John Berrien, were read in order to ohtain information of the state of the fortifications in the Highlands, and of the peo- ple at work there. Mr. John Berrien delivered in a memorandum of balan- ces of accounts, and moneys due from the commissioners for the said fortifications, as follows, to wit : Balance of carpenters' bills, £178 110 do of mason's do 299 5 0 Draft of commissioners at the fort to pay up accts. of provisions, &c 350 00 0 Cash in advance by John Berrien 200 00 0 The blacksmiths' draft in his favor, coppersmiths' acct. iron mongers' and nailers' account not paid ; he supposes these amount to £70 ; that the commissioners have not drawn any pay, and that any commissions are not included. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, advance to Mr. John Berrien, as commissary of the commissioners for erecting fortifications at the Highlands, and one of the said, commissioners, the sum of £1,250, on acount of the expenses and disbursements of erecting the said fortifica- tions, and that Mr. Livingston take Mr. Berrien's receipt for the same. Ordered, That Capt. John Grennell, who was recom- mended by the Provincial Congress of this Colony to the Continental Congress, as a captain of an artillery company, be and he is hereby appointed accordingly, and that a war- rant issue to the said Capt. John Grennell for that purpose. DIE MARTIS, 10 ho. a. m. January 23d, 1776. The Committee met pursuant to adjournment. Present— Col. McDougall, Col. Brasher, Mr. Scott, Mr. Hallett, Mr. Brewster, Mr. Clark, Mr. Tredwell, Mr. Sands. Col. Van Cortlandt being under a necessity to go to his seat in Westchester county, and the gentlemen present conceiving his attendance there will be of use to the public tranquillity in that part of the county, consented to his de- parture ; and thereupon unanimously chose Mr. Joseph Hallett Chairman pro tempore in his stead. Mr. Sands informed the committee that Monsieur Var- rass, a French gentleman, came here from Granada for his health, and requests a permission for himself and his inter- preter, to travel to or through the Colony of Connecticut ; thereupon a passport was given to Mr. Sands for him in the words following, to wit : " The bearer, Monsieur Varrass, and his interpreter Oli- ver Besly, are permitted to pass unmolested.." A bill of sale from Robert Wosan, master and part owner of the sloop Sally, and from Isaac Scudder, Hooker St. John and Sarah Isaac, executors of the last will and estate of Benjamin Isaac, deceased, the other owners, to Col. Alexander McDougall and Capt. Anthony Rutgers, for the said sloop and her appurtenances, was prepared and delivered to Capt. James Smith to take to Norwalk to have it executed. John Fowler was taken and brought before the Commit- tee, and charged with having purchased a parcel of old files, which it is conceived were used for spiking up the cannon in Westchester county ; he readily declared that he purchased 30 old files ; that he was requested by Wm. Lownsbury, of Mamaroneck, to purchase some old files for him ; that he purchased 30 ; that they were all flat files, to the best of his remembrance ; that he bought 16 pounds weight of Michael Ganter, and 5 pounds weight of a brass founder, in the Broadway near St. Paul's chuich. Peter Valentine says he was present when John Fowler spoke for the files, and they were collected together, and that there were some rat-tails among them. John Fowler says that he took out the rat-tails, and did not buy them ; that as soon as he heard the guns were spiked up he im- mediately told his wife that he should be blamed, and that Lownsbury had used him ill ; that he knows not the use for which the said files were purchased. Ordered, That Lieut. Jecamiah Allen, of the light horse of the city of New- York, take with him a guard of 12 of the said light horse, and proceed immediately to Mamaro- neck, and take Wm. Lownsbury and his accomplices, and bring them immediately before this Committee to be heard, and to answer such things as may be charged against them concerning the cannon that have been spiked up beyond King's Bridge, in Westchester county. And, Ordered, That Mr. Allen call on Col. Joseph Drake at New-Rochelle, or on any olher officer of the militia or minute men in Westchester county, for any assistance he may want ; and all the officers of the militia and minute men of the said county are hereby requested to give all necessary aid, of men or otherwise, to Mr. Allen and his party in the aforesaid service. And, Ordered further, That the said John Fowler be kept in safe and sure custody at the upper barracks, until the further order of this Committee, and in the interim that no person be suffered to speak to him but in the presence and hearing of the officer of the guard ; and that no letters or paper writings be permitted to pass between the said John Fowler and any person out of the barracks ; and that he be denied the use of pen, ink and paper, and that Col. McDougall cause this order to be duly executed, with di- rections to treat the said John Fowler with as much cour- tesy as may be consistent with this order. Mr. John Berrien and Andrew McCormick, by request, attended the Committee, and informed them of the state of ground within or to the northward of the line of fortifi- cations mentioned in Mr. Thomas GrennelPs letter of the 19th inst. ; and of such other matters relating to the tim- ber and materials there as the Committee requested, and they could inform or explain, in order to enable the Com- mittee to give answer to the said letter. Die Martis, 3 ho. P. M. 2Srd Jany. 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Mr. Brewster, Mr. Tredwell, Mr. Clark, Mr. Sands, Col. McDou- gall, Col. Brasher. Joseph Woolcombe, mate of the ship Blue Mountain Valley, was brought before the Committee ; he says he had not any other letters than those taken from him when searched. That he was mate of the ship ; that 25 or 26 transports sailed with their vessel, which was the whole number then in the Downs. There were other transports taken up ; that their ship was loaded with porter and coals; that two transports with horse came out and went to the West Indies for winter quarters ; that he had no verbal instructions, but to deliver the letters on board of the man of war ; that the ship was to stand in, in the night for him, which would be about 24 hours after he left her, and if he did not arrive in four hours after, the ship was to put off for Boston. Joseph Woolcombe says he chooses to go on board ot one of the men of war : thereupon he was discharged, and the letters found with him were delivered to him, and a permit was given to him in the words following, to wit: " Ordered, That Joseph Woolcombe be permitted to go on board either of His Majesty's ships of war, (now laying in the habour of New-York) unmolested." Col. McDougall informed the Committee that Capt. Benjamin Ledyard has unavoidably been at sundry expen- JOURNAL OF THE COMMITTEE OF SAFETY. 263 ses, by reason of his having the care and charge of pri- soners committed to the guard-house in this city. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, pay unto Capt. Benjn. Ledyard, of Col. McDougall's regiment, the sum of £8, to reimburse him for sundry expenses he has necessarily been at, by having the charge of several pri- soners confined in the guard-house in this city. A letter from the committee of Richmond county of the 19th inst. was read and filed, and is in the words follow- ing, to wit : " Richmond county, Jany. 19th, 1776. " Gentlemen — Whereas the committee for this county have caused by advertisement the freeholders to be con- vened on this day, in order to elect two members to repre- sent this county in Provincial Congress ; accordingly a poll was opened for that purpose, without any opposition, at the close of which it appeared by a majority, that Messrs. Adrian Banker and Richard Lawrence was duly elected to represent this county in Provincial Congress, until the second Tuesday in May next, which we hope will be agreeable to the rest of that body. " We are, gentlemen, "Your mo. obt. and most humble servts. "CHRISTIAN JACOBSON, "LAMBERT MERRELL, " JOHN TYSON, "PETER MERSEREAU, "GEORGE BARNES, "MOSES DUPUY, "DAVID LA TOURRETTE, "DANIEL CORSEN, "HENRY PERINE, "JOSEPH CHRISTOPH. " To the Committee of Safety, in recess of the Provincial Congress in New- York." The Committee took into consideration the case of Godfrey Hains, lately apprehended and sent here by the Committee of Safety of New- Jersey ; are of opinion that his many and mischievous machinations are so dangerous, that he ought to be kept in safe custody and close jail ; and that by the resolutions of the Continental Congress of the 2nd day of January inst. they are fully authorized, and that it is their duty to the country to have him confined, and as the said Godfrey Haines lately broke the jail of this city and escaped, when he was there confined as a pri- soner, and, continuing his evil practices, set off to navigate a vessel loaded with provisions to supply the ministerial army and navy at Boston, they conceive it will be very dangerous to keep or convey the said Godfrey Hains to Ulster county jail, unless he is fettered or manacled ; there- fore, Resolved and Ordered, That the said Godfrey Hains be conveyed to Ulster county jail, to be there confined in safe and secure custody, in close jail, until the further or- der of the Continental or Provincial Congress, or of this Committee. And Ordered, That the said Godfrey Hains be sent mana- cled or fettered, under guard, to Ulster county jail ; and that Col. McDougall be requested to procure an officer, with a proper guard of the militia, or minute men of this city, to guard the said prisoner, and the other prisoners heretofore ordered to jail, to Kingston in Ulster county. Thereupon a draft of a letter to the committee of King- ston, in Ulster county, which was formerly drawn, and read and approved of, in the Committee on yesterday, was again read, and is in the words following, to wit : " In Committee or Safety, ) "New-York, 23rd Jany. 1776. $ "Gentlemen — By a determination of the Provincial Congress, with the consent of the Deputies from your county then present, the jail of your county at Kingston was determined on, to be the jail for such prisoners whose wicked practices forbid their being permitted to go at large. " In pursuance thereof, we send you by this guard three prisoners, to wit : John Blackler, who was ordered to be there confined by the Provincial Congress, and Azor Betts and Godfrey Hains sent by us. " We pray you to direct that they be kept in safe custo- dy to prevent their escape ; and that very particular di- rections for this purpose be given as to Hains, as he for- merly broke the jail in this city and made his escape. " Take care to secure such part of the jail as you shall have them confined in, at your absolute command ; and secure any person who may attempt to procure their es- cape. " Appoint some person whom you shall think proper, to supply them with the necessaries of life, at their own ex- pense, if they can pay for them ; and if they can not, then at the public expense. If any or all of them must be sup- ported at the public expense, let the accounts be laid before your committee, and, when you find them just and reasona- ble, let the person to whom the money is due make oath to the account, and let a certificate of your committee, or chairman, that the account is reasonable and due, be added, and the accounts sent to this Committee or the Pro- vincial Congress, that they may be ordered to be paid. " We are, respectfully, gentlemen, " Your very humble servants, " By order of the Committee. " To the Chairman and Members of the Committee of Kingston, Ulster county." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. The Committee farther examined Andrew McCormick, on the subject of the situation of the new line at the fortifi- cations in the Highlands. And, thereupon, an answer to Thos. Grennell's letter of the 19th inst. was read and filed, and is in the words following, to wit : " In Committee of Safety, } " New-York, Jany. 23d, 1776. $ " Sir — We are favoured with yours of the 19th inst. by Mr. Andrew McCormick, to which we have paid due at- tention, and have also examined him and conversed with Mr. Berrien, on the situation of the ground, to which we are in a great measure strangers. " Upon the whole, we are of opinion that, as the founda- tion of the intended battery mentioned in your letter is completed, and the timber and materials so far prepared that the battery may be finished at small expense, it will be best to finish it ; at the same time we are of opinion that a breast work of wood, of three feet thick, will by no means answer any good purpose. Therefore, we desire you to have the breast work made about 20 feet thick, in the following manner, to wit : let the timber in front be at least 3 logs or pieces thick, and in the inside at least 2 pieces thick, and the inside of the parapet perpendicular ; the distance between the front and the inside pieces of the parapet will be about 15 feet, and that intermediate space filled up with fascines and earth. " We wish to expend as little money as possible, and therefore you need not employ labourers to get fascines ; for as we expect Continental troops to garrison the fort in a short lime, it now is and will be the proper duty of the troops there, to make the fascines and fill up the parapet. Please to take care that the upper part of the parapet be made so sloped, or descending, that the guns may, when necessary, be brought to bear on the water nearest to the battery, and the ground there, adjoining to the wa- ter ; and the outer face or front of the parapet should be built battering or tend inwards, to prevent the weight of the earth from forcing the timber out of its place. A work should also be added at the left of the line, to secure the troops on the line, and the cannon and carriages from being flanked by an enemy on the left. " We are, respectfully, sir, " Your very humble servants, "By order. "To Mr. Tuos. Grenneix at the fortifications in the Highlands." 264 JOURNAL OF THE COMMITTEE OF SAFETY. Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted by the said Andrew Mc- Cormick. DIE MERCURII, 10 ho. a. m. J any. 2Ath, 1776. The Committee met pursuant to adjournment. Present— Mr. Joseph Hallett, Chairman. Col. Brasher, Col. McDougall, Mr. Tredwell, Mr. Sands, Mr. Brew- ster, Mr. Clark. Capt. Van Wyck having, by order, prepared a guard at 8s. each per man per day, defraying his own expenses, to proceed with the three prisoners now in the barracks, to Ulster county jail, attended at the Committee to receive co- pies of the several orders for the confinement of the respec- tive prisoners, and the letter to the committee of King- ston, which were delivered to him. Thereupon, a draft of a letter to the committees and mi- litia officers of this Colony, to be given to Capt. Van Wyck, was read and approved of, and is in the words following, to wit : "In Committee of Safety, ? " New-York, Jany. 24th, 1776. J " Gentlemen — Capt. Van Wyck, with a guard under his command, is sent to conduct three prisoners to Ulster county jail. Capt. Van Wyck and his guard are hereby recommended to the aid of every committee and militia officer in this Colony for any assistance he may want at any lime to strengthen or relieve his guard ; and also for any assistance he may want to hire sleighs or other car- riages. " By order of the Committee of Safety. " To every Committee and to each and every Militia Officer in the Colony of New- York." It being represented to this Committee that Mr. John Ramsey and Col. Isaac Stoutenburgh are willing to under- take to be managers of employing the industrious poor in this city in spinning and making manufactures, and the Committee being unanimously of opinion that they cannot in any other way so advantageously employ the sum of £1,000, which they by resolve of the Provincial Congress of the 22nd day of December last past were authorized to expend for the relief of the poor of the city of New-York. Therefore, Ordered, That the said sum of £1,000 be paid into the hands of the said John Ramsey and Isaac Stoutenburgh, for the purposes aforesaid, and that a copy of this entry be a sufficient warrant to Peter V. B. Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, to pay the said sum of £1,000 to Messrs. John Ramsay and Isaac Stoutenburgh, and take their receipt for the same. Donald McLane, of the city of New-York, druggist, at- tended with a letter from Capt. Vandeput, of the ship Asia, requesting him to receive the body of the late purser of the said ship, and have him buried in Trinity church yard. Thereupon a permit was given to him, in the words fol- lowing, to wit : " Mr. Donald McLean, of this city, druggist, is hereby permitted to go on board of the Asia ship of war, and also to have the body of Mr. George Claypen, late purser of the said ship, brought on shore and buried. " By order of the Committee." Mr. Jecamiah Allen, the officer of the light horse, who was sent out by order of this Committee of yesterday, re- turned with William Lownsberry, a prisoner ; he informed that the prisoner, when taken, appeared struck with guilt ; that some short time afterwards he denied, in the presence of sundry of the guard, that he ever employed John Fow- ler to buy files. That some time afterwards he confessed that he had employed John Fowler to buy the files, but had never brought them home ; that they afterwards dis- covered that the files went up in a boat with himself, and that his son brought them home ; that the prisoner after- wards said that he bought the files to shoe horses, and af- terwards that he bought them to make skeens for carts ; that one Hains told the prisoner to his face that on last Wednesday night he met him with three other persons, with handkerchiefs on their heads, about ten at night, go- ing towards and near the cannon. Wm. Lowndesberry examined, says he lives at Mamaro- neck, is a farmer by occupation, that Mr. John Fowler bought 30 files for him ; that he did not inform Fowler for what use they were purchased ; that the files are not at his house, but are all in being ; that he was not on the road with a handkerchief on his head on last Wednesday night ; that he bought the files to make skeens for carts, and to lay axes ; that he has a neighbour, one Joseph Purdy, who is a blacksmith, and poor, and in his debt, and intended to get him to work for him. Being asked at whose house the files are, says they are not at any house. Being seve- ral times asked where they are, he obstinately sat silent — refused to answer. Ordered, That the said Wm. Lownsberry be shackled and manacled, hands and feet, and kept in safe and secure custody at the upper barracks, until the further order of this Committee, and in the interim that no person [be] suffered to speak to him, but in the presence and hearing of the officer of the guard ; and that no letter or paper writings be permitted to pass between the said William Lownsberry and any persons out of the barracks, and that he be denied the use of pen, ink and paper ; and that Col. McDougall cause this order to be duly executed. And, Ordered, That John Fowler be discharged out of cus- tody and charged to attend this Committee when directed. And, Ordered, That Mr. Allen cause the said Wm. Lowns- berry's horse to be taken care of. Messrs. Low Bancker, John Reade and Denning, a sub- committee from the city committee, attending, were admit- ted. They informed this Committee that they were charg- ed with two different matters from the committee of the city. The one, that the military night watch in this city is very frequently not to be depended on. That it very frequently happens that the captains or officers do not know the greater part of the guard, and that there are some companies, many of which are not trustworthy ; and Mr. Denning said that when he lately had the care of the guard he had many per- sons in his guard to whom he could not think it prudent to communicate the countersign. That the city committee are of opinion that the most proper method to guard this city is to raise a regiment in this city in Continental pay ; and Mr. Denning alleges that there is a great number of men in this city who would willingly enlist for that purpose, provided it can be ascertained that they will not be ordered out of the Colony on any Continental duty. The said sub-committee mentioned that a great inconve- nience arises from vessels loading in this port, by order of the Continental and Provincial Congress, and of this Com- mittee of Safety, by their not having certificates for that purpose. That many of the inhabitants, not knowing why any such vessels are lading, apply to the laders and to the city committee with complaints ; that it is also in the pow- er of the laders of such vessels to lade other produce or greater quantities than they are permitted, and that there- fore that it is the request of the city committee that some proper person be appointed to inspect and superintend the loading of all such vessels, and to report thereon to the Provincial Congress or Committee of Safety. The sub-committee withdrew, and the Committee of Safety requested the Chairman to speak to Capt. William Mercier, to know whether he will undertake to manage and inspect the lading of vessels laded in this port ; and also, whether he will inspect the work done, and materials used in making carriages for cannon. A letter from the Honourable John Hancock, dated the 1 2lh January inst. was read and filed, and is in the words following, to wit : JOURNAL OF THE COMMITTEE OF SAFETY. 265 " Philadelphia, January 12th, 1776. *' Gentlemen— The discoveries made of the designs of our enraged enemies, fully evince not only the propriety, but the absolute necessity of securing Canada, to prevent our frontiers from desolation and destruction. " Providence has hitherto been pleased to crown our attempts with success, but from the steps taken by Gover- nor Carlton there is reason to apprehend our enemies, among their first attempts in the spring, will endeavour to recover the possession of that country, as well to retrieve their honour as to carry into execution their execrable de- signs against us. I need not mention the consequences that would ensue should they effect their purpose, and thereby be enabled to turn the force of that Province, as well as the savages, against our defenceless frontiers. " To counteract their designs, and prevent this calamity, the Congress have resolved to employ nine battalions the present year for the defence of Canada. One of these is to be composed of Canadians, under Col. J. Livingston, who has so eminently signalized himself in the cause of America. Two are to be composed of the troops now serving there — an honour due to the merit of those brave men, to have an opportunity of defending a country which their valour has rescued from slavery. Three are to be sent from Pennsylvania and New- Jersey, of which two are now under marching orders. The other three are to be raised to the eastward, as you will see by the enclosed re- solution, vizt : one in your Colony, under the command of Col. V. Schaick, Lieut. Col. Yates and Major Gansevoort, who, as Genl. Schuyler informs Congress, are desirous of continuing in the service ; one in Connecticut and one in New-Hampshire. " As the arrival of the troops in due time will greatly conduce to the preservation of that country and baffling the designs of our enemies ; and as the month of February, which is fast approaching, is the best, and indeed the only time before summer, of crossing the lakes, the Congress rely that you will, according to your usual zeal, exert your utmost endeavours to have the battalion from your Colony raised and sent forward with all possible expedition. " I am, gentlemen, " Your obt. hble. servant, "JOHN HANCOCK, Prest. " Convention of New- York, or Committee." Another letter from the Honble. John Hancock, bearing date the 20th day of January, inst. was read and filed, and is in the words following, to wit : "Philadelphia, 20th January, 1776. " Gentlemen — I have the honour of enclosing you sun- dry resolutions passed by Congress, as well for the defence of your Colony as for repairing the loss lately sustained in Canada, and succouring our friends there. " The shortness of the time will not permit me to en- large ; I must, therefore, beg leave to refer you to the en- closed extracts, and just inform you the Congress rely with confidence on your zeal for the cause, that you will exert your utmost endeavours to hasten the march of the troops ordered to Canada, and to raise those destined for the de- fence of your Colony. Herewith I send you blank com- missions for the officers under the rank of majors, which you will please to fill up. On the recommendation of Genl. Schuyler, the Congress have continued Col. V. Schaick, Lieut. Col. Yates and Major Gansevoort, in the service of the United Colonies, and appointed them to the command of the battalion to be raised in your Colony for the defence of Canada ; and they have directed me, agree- able to an established rule, to request you would please, as soon as possible, to transmit the names of a number of gen- tlemen, whom you shall judge duly qualified, at least two for each command, out of whom they may elect field offi- cers for the other battalions. " I am, gentlemen, " Your most obt. servant, "JOHN HANCOCK, Prest. 67 I " P. S. I enclose you the commissions for the officers under the rank of a major, for the Canada battalion ; those for your other battalions shall follow, as I am pinched for time. " The Honble. Convention, or Committee of Safety, New-York." A copy of resolves of Congress of the 8th Jany. which were before received and read, and forwarded to General Schuyler on the day of January inst. were read and filed. A certified copy of sundry resolves of the Continental Congress of different dates, from the 8th to the 20th inst. was read and filed, and is in the words following, to wit : " In Congress, January 8th, 1776. " Resolved* That General Schuyler be desired to have the river St. Lawrence, above and below Quebec, well explored, and to determine upon proper places for oppos- ing by armed boats, or otherwise, any attempts of the enemy to penetrate that country by the river ; and that he give orders for constructing speedily as many such boats as he shall judge necessary. " That two shipwrights be immediately sent from Phila- delphia, to be employed under the direction of the commit- tee of inspection at Albany, in constructing scows for faci- litating the passage over Hudson's river. " That the Convention of New-York be desired to send 3,000 bushels of salt, besides what Genl. Schuyler hath already ordered, to be brought to Ticonderoga. " That this Congress does approve of the raising a bat- talion of Canadians, and of the appointment of James Li- vingston, Esqr. colonel thereof. " That nine battalions, including that of Canadians un- der Col. Livingston, be kept up and maintained the pre- sent year for the defence of Canada." " In Congress, January 19th, 1776. " Resolved, That four battalions be raised in the Colony of New- York, for the defence of that Colony, upon the same pay with those directed to be raised in the Colony of Pennsylvania, and that they be stationed as the command- ing officer of the New-York department shall think best, to garrison the several forts in that Colony from Crown Point to the southward, and to prevent depredations upon Long island, and promote the safety of the whole. " Ordered, That a copy of the foregoing resolution be transmitted to the Council of Safety of New- York, and that they be requested, with all possible expedition, to transmit to Congress the names of a number of gentlemen, at least two for each command, out of whom the Congress may elect field officers for said battalions. " That General Washington be requested to detach from the camp at Cambridge, one battalion, if the service there will permit him to spare one, with orders to march, with the greatest expedition possible, to Canada. " That for the more speedy raising the battalions or- dered on the 8th of January to be raised in the Colonies of New-Hampshire, Connecticut, New- York and Pennsylva- nia, for the defence of Canada, it be recommended to the General Assemblies, Conventions, or Councils, or Com- mittees of Safety of those Colonies respectively, to exert their utmost endeavours in raising the said battalions, upon the same pay and subsistence as the army at Cambridge, and to furnish them with provisions, ammunition, and other necessaries, for expediting their march to Canada ; and for further encouraging the men more cheerfully to enter into the service of their country, to give a bounty of 6f dollars to every able bodied effective man, properly clothed for the service, and having a good firelock with a bayonet, and other accoutrements ; and 4 dollars to every soldier not having the like arms and accoutrements ; the arms to be supplied by the Colony, and the cost to be deducted out * These compared and probably abstracted from the printed jour- nals of Congress. Are the right resolutions abstracted ? the copy sent not being found. 266 JOURNAL OF THE COMMITTEE OF SAFETY. of the soldier's pay ; and also to provide a blanket and ha- versack for every enlisted soldier ; and, moreover, to ad- vance one month's pay to every officer and soldier before their march, that they may be able to purchase necessary clothing. " That the first two companies which shall be complete of every battalion, do march to that country so soon as they shall be ready, and be followed in the same numbers with like expedition by the rest of the corps ; and that it be re- commended to the General Assemblies, Conventions and Councils, or Committees of Safety, of the Colonies in which battalions are directed to be raised, that they re- spectively attend to this business." A printed copy of sundry resolves of Congress, bearing date on the 17th inst. relating to the raising of troops, was read and filed, and is in the words following, to wit : " In Congress, January 17th, 1776. " Resolved, That the colonels of the several battalions ordered to be raised, do immediately order their officers on recruiting service to such parts where they are best known, and have the greatest probability of success. " That the recruiting officers ought to be careful to enlist none but healthy, sound and able bodied men, not under sixteen years of age. " That the colonels of the several battalions aforesaid ap- point some place or places of rendezvous to which the recruits may be sent, and where the battalions may be quartered. " That the greatest attention ought to be paid to the be- haviour of the troops in quarters, that they may give no reasonable cause of complaint. " That the quarters of the troops be duly discharged once every week. " That an allowance of 10s. per man be made to the re- cruiting officers in lieu of their expenses in recruiting, exclusive of the subsistence money allowed them ; and that in case any man be enlisted contrary to the foregoing re- gulations, the pay they may have received, and the sub- sistence money that may be paid for them shall be stopped from the pay of such recruiting officers. " That no bought indented servants be employed on board the fleet, or in the army of the United Colonies, without the consent of their masters. " Extracts from the minutes. " CHAS. THOMSON, Secy." Ordered, That the letters and resolutions of the Honble. the Continental Congress, be taken into farther considera- tion this afternoon. A letter from Major-Genl. Lee, in answer to the one addressed to him by the Committee on the 21st inst. was received and filed, and is in the words following, to wit : " Sir — Yesterday on the road I had the honour of re- ceiving yours, and ought to make a thousand apologies for not having answered it immediately, but the circum- stance of being on the road, together with the necessity of finishing some despatches to General Washington, and to the Continental Congress, rendered it almost impossible. " I should certainly, sir, have apprized you of my march, had I not concluded that you would have learnt it time enough from the Congress. The letter I have from the general, directed to the Chairman of the Committee of Safety, I was ordered to deliver with my own hand. " With respect, sir, to the alarms of the inhabitants, on the suspicion that my business was to commence active hostilities against the men of war in your harbour, I can assure you that they may be perfectly easy. Such never was the intention of the general, and I hope you will be- lieve that I never entertained a thought of transgressing the letter of my instructions. The motive of the general for detatching me, was solely to prevent the enemy from taking post in your city, or lodging themselves in Long island, which we have the greatest reason to think, sir, is their design. " Some subordinate purposes were likewise to be exe- cuted, which are much more proper to communicate by word of mouth than by writing ; but I give you my word that no active service is proposed, as you seem to appre- hend. If the ships of war are quiet I shall be quiet ; but I declare solemnly that if they make a pretext of my pre- sence to fire on the town, the first house set in flames by their guns, shall be the funeral pile of some of their best friends ; but I believe, sir, the inhabitants may rest in se- curity on this subject. I am convinced, and every man who considers a moment must be convinced, that the de- struction of the seaport towns, would, if possible, be a severer stroke to the ministry and their instruments, than to the inhabitants themselves. The seaport towns are the only holds they have in America ; they are considered as the pledges of servitude ; the menacing destruction to them may indeed be of admirable use, but the real destruction of them must extinguish all hopes of success. " In compliance, sir, with your request, I shall only carry with me into town a force just strong enough to secure it against any designs of the enemy, until it shall please the Continental Congress to take measures for its permanent security. The main body I shall leave on the western frontiers of Connecticut, according to your directions. I hope, sir, and persuade myself, that the Committee and inhabitants can have no objection to this plan. If Mr. Tryon and the captains of the ships of war are to pre- scribe what numbers are, and what numbers are not, to enter the town, they are absolute directors to all intents and purposes. The condition is too humiliating for freemen to put up with. " You take pains to assure me, sir, that your Congress and Committee are not less zealous in the cause of Ameri- can liberty than any representative body on the Continent. I give you my word, sir, that this assurance was unneces- sary. I am not one of those who have entertained a bad opinion of the virtue of New-York, or made it my business to asperse them ; on the contrary I have condemned loudly the illiberal, impolitic and unjust reflections I have heard frequently thrown out. I should not have taken the liberty of troubling you with the opinion, good or bad, which an unimportant individual like myself may entertain of so respectable a body as your Committee or Congress, had not this particular paragraph of your letter thrown the temptation in my way. " I am, sir, your most obt. and devoted servt. " CHARLES LEE. " Stanford, 23rd January, 1776. " Peter V. B. Livingston, Esqr. Chairman of the Committee of Safety." Die Mercurii, 3 ho. P. M. Jany. 24, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Mr. Scott, Col. McDougall, Col. Brasher, Mr. Tredwell, Mr. Sands, Mr. Brewster, Mr. Clark. A draft of a letter to Col. Joseph Drake, requesting him to endeavour to find out the persons concerned in spiking up the cannon beyond King's Bridge, was read and ap- proved of, and is in the words following, to wit : " In Committee of Safety, ) " New-York, Jany. 24th, 1776. J " Sir — William Lownsberry purchased a parcel of files and had them carried up to your county in a boat. The boatmen delivered them to his son. We have good reason to believe they were used to spike up the cannon in your county. Lownsberry declares they are not in his house, but refuses to tell where they are ; and Hains, who met our party of horsemen, told Lownsberry in their presence, that he met him going towards the cannon, beyond the bridge, in company with three other persons, last Wednes- day night. This Lownsberry denies. We request you to cause the son of Lownsberry to be apprehended, and ex- amined before some committee, or members of your com- JOURNAL OF THE COMMITTEE OF SAFETY. 267 mittee, and that you cause Purdy, the blacksmith, and all other suspicious persons in that part of your county, to be critically examined, and endeavour to have such discoveries made, as to find out and fix on all the persons who were concerned in spiking up the cannon beyond and near King's Bridge, and secure all such persons against whom you shall obtain evidence, and send to us all the information that may be obtained in the premises. " We are, respectfully, sir, " Your humble servants, " By order of the Committee. "To Col. Jos. Drake, New-Rochelle." Ordered, That a copy thereof be engrossed and signed by the Chairman and transmitted. Joseph French, Esqr. of Jamaica, attended this Com- mittee and informed them that he had been told that a ci- tation had issued for him to appear before this Committee, and that he had engaged to Col. Herd to attend ; and Mr. French requested to know if there was any charge against him. Thereupon a certificate was given to Mr. French, in the words following, to wit : " Joseph French, Esqr. attended on this Committee and informs that he has engaged to Col. Herd to attend this Committee. This is to certify that this Committee hath not issued any citation for Mr. French, and that no evi- dence has been offered to this Committee or to the Pro- vincial Congress against Mr. French. But as the case of the inhabitants of Queens county is not before us, but be- fore the Continental Congress, this certificate is not to be understood to interfere with any directions Col. Herd may have from the Continental Congress, or from any other person under their authority." Messrs. James Reid, Robert Leonard, Francis Cunning- ham, John Burns and Francis Dominick, all of the city of New-York, personally appeared before the Committee, and engaged jointly and severally for Lawrence Hartwick, that the said L. Hartwick will from time to time personally appear before the Provincial Congress of this Colony or this Committee of Safety, when thereunto requested, and in the mean time that the said Lawrence Hartwick will demean himself peaceably, and be of good behaviour to- wards all the friends of liberty in this city, and not do any act contrary to the measures directed by the Continental Congress or the Provincial Congress, or Committee of Safety of this Colony. Ordered, That the said Lawrence Hartwick be dis- charged ; and it is recommended to all friends of liberty, that the said Lawrence Hartwick be not molested in his person or property while he complies with the above men- tioned engagements. The Committee took into consideration the subject of the second matter mentioned to them this morning by the sub-committee of this city, and after consideration there- of, this Committee do hereby appoint Capt. William Mer- cier to superintend and inspect the lading of all such ves- sels as shall lade in this port. And Ordered, That Capt. Mercier be empowered, and he is hereby empowered to inspect all permits to vessels to lade in this port, and see that all such vessels lade only agreeable to the resolves of the Continental Congress, and with such matters or produce only as may be agreeable to the said resolves and their permits from the Provincial Congress and Committee of Safety of this Colony, and from time to time to report to this Committee or the Pro- vincial Congress of this Colony what vessels are lading or shall have laded, and with what particular commodities and by what authority. And Whereas, this Committee of Safety have authorized Col. McDougall to have carriages made for cannon, in or- der to prevent any impositions on the public by any per- son employed in making the same. Ordered, That Capt. Mercier be appointed, and he is hereby appointed to superintend the making of those car- riages, so as to see that they are made of good timber, and that the iron work be well made, and to see it weigh- ed, and to take every other necessary caution to prevent any imposition on the public in that business. And Ordered and agreed, That Capt. Mercier be allowed 20 dollars per month as pay, while continued in this and the service of inspecting the lading of vessels in this port. Ordered, That the Secretaries prepare and certify co- pies of all the resolves and letters this day received from the Continental Congress, and forward the same to Major General Schuyler, to-morrow morning, by post. DIE JOVIS, 10 ho. a. m. J any. 25th, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Col. McDougall, Col. Brasher, Mr. Scott, Mr. Brewster, Mr. Tred- well, Mr. Clarke, Mr. Sands. Francis Lewis, Esqr. came into the Committee of Safe- ty and informed them that the schooner Success, Jonathan Bowne, master, was laded by his order on Continental account, and requested a permit for her to sail. Thereupon a certificate [was] given to Col. McDougall in the words following, to wit : " The schooner Success, whereof Jonathan Bowne is master, being laden on Continental account, by order and under the direction of some of the Continental Delegates, is hereby permitted to sail to sea." Philip Livingston, Esqr. John Alsop, Esqr. and Francis Lewis, Esqr. came into the Committee of Safety, and de- livered in their respective accounts of the time they have attended Continental Congress ; and Mr. Philip Living- ston also delivered in the account of John Jay, Esqr. The said accounts were delivered to Col. Brasher to be audited. On reading the resolve of Congress for payment of the Delegates of this Colony, are of opinion that they are not authorized, nor their auditors authorized to audit or order payment to any of the Delegates while at their places of abode respectively, though then employed in the service of the Continent, and by order of Continental Congress. A certain Jonathan Booth attended at the door, and complained to some members of the Committee that a drove of cattle which he was driving to New-York mar- ket was detained by the Committee of Bedford, in pursu- ance of an order of the Committee of Bedford, Pound- ridge and Salem ; and the said order of the Committee of Bedford, Poundridge and Salem, being printed in Holt's newspaper, was read and taken into consideration. Thereupon this Committee came to a resolution in the words following, to wit : " Whereas by a publication in Mr. Holt's newspaper, (the New-York Journal,) of the 25th of January, 1776, dated at Poundridge, the 10th of the same month, it is purported that the committee of observation for the unit- ed town of Bedford, and precinct of Poundridge and Sa- lem, in Westchester county, conceiving that bad conse- quences do arise to this distressed country from supplying the markets at New-York on supposition that the common enemy may by that means be furnished with provisions, have " Resolved, That from and after the date thereof, the said committee do thereby strictly forbid any of the inha- bitants of the said town and precincts, directly or indirect- ly, to carry or cause to be carried by land or water, pro- visions of any kind to the said market, and do thereby di- rect the minute men, and all others that are friends to their country to do their utmost to stop all drovers of fat cattle, sheep, hogs, poultry, or any other provisions whatsoever, and from being drove or carried through either said town or 268 JOURNAL OF THE COMMITTEE OF SAFETY. precinct, for the purpose aforesaid, without leave of the said committee, on the penalty of being deemed enemies to their country." And whereas this Committee not doubting the good intentions of the said committee met at Poundridge, do nevertheless conceive that the said resolve has a manifest tendency to distress in the article of provisions the inhabi- tants of this city and other friends to liberty whose busi- ness may call them hither : Resolved, therefore, That it is the opinion of this Com- mittee that no committee of any city, borough, town or precinct in this Colony ought to prevent any such supplies of provisions to this city as aforesaid, unless they shall have due proof that such supplies are intended to be fur- nished to persons engaged in service against the liberties of America ; nor in such case any longer than until such committees respectively shall, in cases where such proof shall have been made, have duly certified this Committee or the Provincial Congress thereof, and until order shall have been made thereon by this Committee or the Provin- cial Congress. Ordered, That a certified copy of this order be delivered to the said Jonathan Booth. An orderly sergeant of Major De Hart having called on a member to be informed if the muskets engaged to Lord Stirling are ready, the Committee conceive that, as the Colony are to raise several regiments in pursuance of the orders of Congress, received yesterday, that it is their duty to request Lord Sitrling to be released from the engage- ment of this Colony, as to those arms : thereupon a draft of a letter to Lord Stirling was read and approved of, and is in the words following, to wit : " In Committee or Safety, ? " New-York, Jany. 25th, 1776. 5 " My Lord — Since the last communication between your Lordship and us concerning the arms we undertook to supply you with, for the troops under your command, we have orders from Congress to raise four new battalions, besides one which we before that time were under orders to raise. We are also informed that there are still 30 stand of public arms in the town of New Ark, which are not appropriated to the use of your troops ; and there may be others in the same situation in other parts of your Co- lony ; and we conceive it a hardship to be obliged to for- ward a department of service out of our Colony, by sup- plying those arms which we intended for you, which, with many more, will be wanted for equipping our own batta- lions. We can assure you, my Lord, with the greatest truth, we are totally at a loss how to supply our new levies with arms, without taking them from our militia, which nothing but the most urgent necessity will justify, as by that means the defence of this important post will be wea- kened. We therefore earnestly request you to release us from our former engagements to you. " And are, my Lord, most respectfully, " Your Lordshp's obt. hble. servants, " By order of the Committee. "To the Right Honble. the Earl of Stirling." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted by Major De Hart's or- derly sergeant. Die Jovis, 4 ho. P. M. Jany. 25th, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Col. McDougall, Mr. Scott, Col. Brasher, Mr. Brewster, Mr. Tred- well, Mr. Clark. The Committee being of opinion that prudence and care of this Colony and of the capital and inhabitants thereof re- quire that a proper person be kept at the Hook, to keep a look out if any fleet, or any transports or ships of war should be approaching this Colony ; and having, on consi- dering that matter yesterday, thought it best, to prevent jealousy among the pilots, and to give different persons among them a chance of earning a subsistence in the pre- sent times of difficulty, agreed to employ Samuel Isleton, (who was recommended for that purpose,) in the place of Wm. Dobbs. Samuel Isleton attending, by request, re- ceived his instructions. He is directed to take the pilot boat and oars lately purchased by this Committee, with 4 men to row her, and proceed to the Hook, and stay there and diligently look out for one week, if no fleet or transports or ships of war appear sooner ; if any appear he is to give the most immediate notice to this Committee. Samuel Isleton is to have 10s. per day ; and James Burns, Robert Bennet, John Besly and William Mullinger, his oarsmen, are to have 8s. per day, each, and they are to find them- selves all necessaries and bear their own expenses. The Committee took into consideration the necessity this Colony will be under of having a quantity of heavy cannon, and that there is not at present any furnace large enough and fitted to the purpose ; that it will be vastly more expensive to have heavy cannon brought from Phila- delphia than to have a furnace made for the purpose, be- sides the advantage of establishing a work of that kind in the Colony, and of supplying the vessels building in this Colony for the Continental service and the neighbouring Colonies ; after some time spent therein they are of opinion that, considering the nature of the ore and the advantages of transportation, such a work may most probably be effected by Robert Livingston, Esqr. : thereupon a draft of a letter to R. Livingston. Esqr. was read and approved of, and is in the words following, to wit : "In Committee or Safety, ? "New-York, Jany. 25th, 1776. J " Sir — In all probability this Colony will stand in need of a number of heavy ordnance, from 25 to 50 hundred weight, for its defence. " On casting about for a place best calculated for erect- ing a foundry, yours appears to be the most proper. " You will please to take this matter into immediate con- sideration, and inform us as soon as possible, whether you can prepare your furnace for casting such cannon and shot, as also the terms on which you would undertake to cast them, and when you will be ready for expediting this busi- ness. " As we are informed the Continental Congress have under consideration an estimate of the ordnance necessary for the defence of the different Colonies, we are desirous of being prepared with the terms on which they may be manufactured, and of preserving to our Colony the credit and advantage of such a manufactory. " We earnestly request your most speedy answer, and are, " Most respectfully, sir, "Your mo. obt. hble. servants, " By order. "To Col. Roet. Livingston, at Calender House, Manor Livingston." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. The Committee spent the residue of the evening in con- sidering the resolves and letters received yesterday from the Continental Congress. DIE VENERIS, 10 ho. a. m. Jany. 26th, 1776. The Committee met pursuant to adjournment. Present— Mr. Joseph Hallett, Chairman. Col. McDougall, Col. Brasher, Mr. Tredwell, Mr. Brewster, Mr. Clark. No other members appeared, whereby the Committee could not proceed to any active business, and spent the whole morning in considering the resolves of Continental Congress, and forming an extract of them for regulations for recruiting officers ; and considering of proper persons JOURNAL OF THE COMMITTEE OF SAFETY. 269 for officers in the four battalions ordered to be raised in this Colony. Die Veneris, 3 ho. P. M. Jany. 26th, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Mr. Scott, Col. McDougall, Col. Brasher, Mr. Tredwell, Mr. Brew- ster, Mr. Clark, Mr. Sands came in J past 7 o'clock. The Committee resumed the consideration of the re- solves and letters received from the Continental Congress, on the subject of raising troops ; after some time spent therein, the Committee sent for Col. Lasher to know his sentiments on a declaration lately made by him to one of the members, that if any more troops were raised, the bat- talion now under his command would in general be very desirous to be taken into the public service and pay. After a short conference with Col. Lasher, and delivering to him a copy of the resolves of Congress for raising four bat- talions for the defence of this Colony, he was desired to confer with the officers of his battalion and report the re- sult thereof to this Committee. This Committee conceiving that the speediest method of fixing on proper officers for the four regiments to be raised in this Colony, and of being informed of the number of men that may probably be enlisted in each county, is to write to the county committee of the respective counties in this Colony ; thereupon a draft of a letter for that pur- pose was read and approved of, and is in the words follow- ing, to wit : " Gentlemen — By resolves of the Honble. the Conti- nental Congress, lately come to hand, this Colony is to raise four regiments in Continental pay for the defence of the Colony. " We conceive that the troops will be most speedily raised, by having proper officers taken from different coun- ties where there are proper men who will enlist. " We therefore request you, with all possible despatch, to inform the Provincial Congress, or this Committee, of the number of men, which you have good reason to believe may be speedily raised and armed in your county, and at the same time that you, with the advice of as many of the Deputies of your county to the Provincial Congress, as may conveniently be obtained, recommend several proper persons for captains, lieutenants and ensigns, who will be most likely to raise the men. " We request, in all cases where it can conveniently be done, that you recommend two proper persons for each office, that the Provincial Congress may have an opportu- nity to choose the one they think best qualified. " We are, respectfully, gentlemen, " Your very humble servants, " By order of the Committee." Ordered, That copies thereof be engrossed, and signed by the Chairman, and one copy directed to each county committee. Instructions for enlisting the troops directed by the Con- tinental Congress to be raised in this Colony, were read and agreed to, and are in the words following, to wit : " Committee or Safety, } "New-York, Jany. 27th, 1776. { " Instructions to the Colonels, and other Officers for Enlistment of four new Battalians in the Continental service, for the defence of the Colony of New-York : " Whereas, in order to the regular enlistment of the troops intended to be raised for the Continental service, it was resolved in Continental Congress, on the 17th inst. to wit : " That the colonels of the several battalions, ordered to be raised, do immediately order their officers on recruiting service to such parts where they are best known, and have the greatest probability of success. " That the recruiting officers ought to be careful to en- list none but healthy, sound and able bodied men, not un- der 16 years of age. 68 " That the colonels of the several battalions aforesaid, appoint some place or places of rendezvous, to which the recruits may be sent, and where the battalions may be quartered. " That the greatest attention ought to be paid to the be- haviour of the troops in quarters, that they may give no reasonable cause of complaint. " That the quarters of the troops be duly discharged once every week. " That an allowance of 10s. per man be made to the re- I cruiting officers, in lieu of their expenses in recruiting, ex- clusive of the subsistence money allowed them ; and that in case any men be enlisted contrary to the foregoing regu- lations, the pay they may have received, and the subsis- tence money that may be paid for them, shall be stopped from the pay of such recruiting officer. " That no bought indented servants be employed on board the fleet, or in the army of the United Colonies, without the consent of their masters. "And whereas the Continental Congress, on the 19th of Jany. inst. " 'Resolved, That four battalions be raised in the Colo- ny of New-York, for the defence of that Colony, upon the same pay with those directed to be raised in the Province of Pennsylvania, and that they be stationed as the com- manding officer of the New- York department shall think best, to garrison the several forts in that Province, from Crown Point to the southward, and to prevent depreda- tions upon Long island, and to promote the safety of the whole.' " The pay and other regulations, of which said Penn- sylvania troops, and the said four battalions, are establish- ed by the Continental Congress as follows, to wit : " That each battalion consist of eight companies, each company of one captain, two lieutenants, one ensign, four sergeants, four corporals, one drum, one fife, and seventy- six privates ; the pay as follows : "Colonel, 50 dollars per calender month. " Lieut. Colonel, 40 " " " " " Major, 33 1-3 " " " " "Captain, 26 2-3 " " " " "Lieutenants, 18 " " Ensign, 13 1-3 " " " '• "Sergeant, 8 " " " " " Corporal, drum and fife, 7 1-3 dollars per calender month. "Privates, 5 " " « " "Staff of Battalion. " One Adjutant, 18 1-3 dollars per calender month. " One Quarter-master, 18 1-3 " " " " " One Chaplain, 20 " " " " "One Surgeon, 25 " " " " " The privates liable to be discharged at any time, on allowing them one month's pay extraordinary. " That each of the privates be allowed, instead of a bounty, a felt hat, a pair of yarn stockings and a pair of shoes ; they to find their own arms. " The men also to be furnished with a hunting shirt, not exceeding in value lj of a dollar, and a blanket, provided it can be procured ; but not to be made a part of the terms of enlistment. Every man who furnishes himself with a good new blanket to be allowed therefor two dollars, and have liberty to take it away at the end of the campaign. " Each captain, or other commissioned officer, while in the recruiting service, or on their march to join the bat- talion, shall be allowed 2f dollars per week for their sub- sistence ; and the men who enlist while in quarters, before they join their battalion, 1 dollar per week ; and when on their march to join their battalion, 1^ dollar per week. " That a ration consist of the following kinds and quan- tities of provision, vizt : lib. of beef, or fib. pork, or lib. of salt fish per day ; lib. of bread or flour per day ; 3 pints of peas or beans per week, or vegetables equivalent, at one dollar per bushel for peas or beans ; 1 pint of milk per man per day, or at the rate of T * 7 part of a dollar ; 1 quart of spruce beer or cider per man per day, or 9 gallons of molasses per 100 men per week ; \ a pint of rice, or 1 pint of Indian meal per man per week; 31b. of candles to 270 JOURNAL OF THE COMMITTEE OF SAFETY. 100 men per week for guards ; 24lb. soft or 8lb. hard soap for 100 men per week. Men in barracks to be provided with crocus and straw for bedding, fire wood and iron pots. " For their march or campaign. "A camp kettle for every six men, and a canteen for each man ; arms and accoutrements for the men, vizt : each a good gun and bayonet, cartouch box, tomahawk, knapsack, or haversack, and two bills. " Colours, drums, fifes arid a pitching axe for every ten men, and entrenching tools, to be provided at the public expense." Ordered, That the Secretaries get 300 copies of the said instructions printed with all possible despatch. David Barclay at the door was admitted ; he delivered a letter from Col. Joseph Drake, by order of some members of the committee of that county, which was read and filed, and is in the words following, to wit : " New Rochelle, January 26th, 1776. " Gentlemen — Agreeable to your directions, which I received 12 o'clock last night, I went with a number of the members of the committee of this county, and others, in search of the persons named in your letter, but have not had the good fortune to find them ; the neighbours inform us that Lownsberry's son and Jos. Purdy are both in town ; the first went down by land, the latter by water, in Flood's boat. William Armstrong and William Sutton, both of Mamaroneck, are both suspicious persons, and also in town ; we imagine they, with the two former, are there to hear what transpires from Lownsberry, in order to fly on board the man of war if suspected. To prevent their having information from this quarter, we send this with all haste by Mr. Barkley, that you may take such steps as you think best. " We shall use our utmost endeavours to find out the aiders and abettors of so diabolical a piece of work ; and are, " Gentlemen, your very humble servants, " By order. " JOSEPH DRAKE. " To the Chairman of the Committee of Safety for the Colony of New-York." Thereupon an order was made in the words following, to wit : " Information being received by letter from Westchester, that Isaac Purdy, William Armstrong, Wm. Sutton and James Lownsberry, son of William Lownsberry, are all in this city, and are persons suspected of being concerned in spiking up the cannon beyond King's Bridge, in West- chester county, " Ordered, That the said Isaac Purdy, William Arm- strong, William Sutton and James Lownsberry, son of William Lownsberry, be apprehended and kept in safe custody, until they are respectively brought before this committee to be examined, or the further order of this committee ;" and Ordered, That Col. McDougall cause this order to be duly executed. Mr. Sands, who is managing the lading of the sloop Sally, requested a permit. Thereupon a permit was given to him in the words following, to wit : " Mr. Comfort Sands is permitted to load the sloop Sally, Wilkie Dodge master, for the West Indies, with flour, pork, hams and bread." DIE SABBATI, January 27th, 1776. The Committee met pursuant to adjournment. Present— Mr. Scott, Col. McDougall, Mr. Urewster, Mr. Tredwcll, Mr. Clarke. Mr. Joseph Hallett, the Chairman, much indisposed, is unable to attend, and Mr. Sands forwarding the lading of the sloop Sally. The members of Committee present conceive it their duty to pay some attention to the introduction of Genl. Lee into this city as a Continental general ; and they are also of opinion that it will be politic. It was Ordered, That Capt. Leary be requested to cause his company of light horse to hold themselves in readiness to ride out to meet Genl. Lee, and attend him to this city. John Flood, the boatman, at request attended, and being examined, says, that soon after he came to town Oliver Roosevelt pressed him to go to see Lownsberry ; that he went with Roosevelt, and Joseph Purdy went with him ; that Lownsberry asked Joseph Purdy to go to Mamaro- neck to bring down the files, and insisted on his going ; that the examinant was unwilling to spare Purdy, and Purdy did not appear inclined to go ; that Wm. Sutton, Lownsberry, Armstrong, and James Vincent, who assisted him as a boatman, went up with him in his boat last trip ; that Lownsberry went ashore at Frog's point ; that he, the said examinant, afterwards delivered all the things Lowns- berry left on board to his son James Lownsberry ; that he does not recollect that he knew that Lownsberry had any files on board ; that the examinant the other day told Lownsberry he had used him unkindly to bring him into question, and asked him if he had carried up the files in his boat ; that Lownsberry said yes, but that he believed that he (Flood) did not know it ; that he, the examinant, left Joseph Purdy at the barracks, when he left Lowns- berry ; that Joseph Purdy afterwards informed him, that Lownsberry told him the files were either at Isaac Ged- ney's shop or at Flood's store-house, he did not know which ; that his son had taken them from the boat, and he did not know at which of those places he had left them. Joseph Purdy says, that he was down at New-York be- tween three and four weeks ago ; that he does not remem- ber who were passengers in the boat at the time ; that Lownsberry was not on board ; that he went with Flood to see William Lownsberry ; that John Flood accused him with having carried up the files in his boat ; that Lowns- berry said Purdy could go and bring the files back ; that Lownsberry whispered to him that the files were either at Flood's store house or in Isaac Gidney's shop ; that if he went up he could find them ; that he is a smith by trade ; that Nichs. Morrell, reputed a tory, is intimate with Lownsberry ; that he is not in debt a single copper to Lownsberry ; that Lownsberry did speak to him to make skeens for a cart, or to do other work ; that Isaac Gidney is reputed a tory ; that he has heard that Lownsberry has made himself very busy in public matters. William Sutton says, that William Lownsberry is re- puted a tory, and said to be warm on that side ; that he does not know who are his most intimate friends now ; that when last in town he came down with cattle ; never heard him say any thing about the files ; has heard him disapprove of the present measures, and think them wrong ; that Isaac Gidney has been very much opposed to the American mea- sures, but of late is more quiet ; that Gidney lives about a mile from Lownsberry ; that he heard from a neighbour that one Strang, who was travelling in disguise, first men- tioned the cannon being spiked in his neighbourhood ; that Strang is of very indifferent character, and much in debt. William Armstrong says, that he lives on Rye neck ; went up with Lownsberry lately in Flood's boat ; Lowns- berry had a handkerchief on board ; went on shore with Lownsberry and Sutton at Frog's point ; left Lownsberry at Capt. Brown's ; that Lownsberry never took an active pait in the present troubles ; disapproves of the present American measures ; lives a mile and a half from the exa- minant ; that the examinant does not know who is intimate with Lownsberry. Joseph Purdy, Wm. Sutton and Wm. Armstrong were respectively and separately discharged as they were exa- mined. Lieutenant Jacob Wright, of the company of minute men in Jamaica, on Nassau island, came into the commit- JOURNAL OF THE COMMITTEE OF SAFETY. 271 tee ; he agreed with them to make 200 cartouch boxes and pouches and belts, of the best sort ; each of the cartouch boxes to have holes for 23 cartridges, to be made of good leather, equal to the pattern given to him ; the belts to have a convenience for carrying a sword. The price of the car- touch box and belt to be 16s. each, and he is to have them ready in three weeks. DIE LUNtE, 10 ho. a. m. J any. 29th, 1776. The following members met pursuant to adjournment. Present— Mr. Scott, Col. McDougall, Mr. Tredwell, Col. Brasher, Mr. Brewster, Mr. Clark, Mr. Sands. Mr. Sands informed the Committee that the sloop Sally is ready to sail, and requested a permit for Wilkie Dodge, master of the said sloop, to go on board of the ships Asia and Phoenix. Thereupon a certificate was given to him in the words following, to wit : "In Committee of Safety, ) " New-York, 29th Jany. 1776. I " Permit Wilkie Dodge, master of the sloop Sally, to go on board both His Majesty's ships in the harbour of New-York." William Allen, cordwainer, attended and informed the Committee, that, agreeable to their permission, he had been on board of the ship Asia ; that the captain desired him to make 20 or 30 pair of shoes and bring them on board, and informed him he should want an hundred pair. The said William Allen was told he might make those shoes and take them on board. A letter from a sub-committee of the committee of West- chester, dated the 26th inst. was read and filed, and is in the words following, to wit : " January 26th. 1776. " A sub-committee of the committee of safety for the county of Westchester, met at the house of James Besloy, New-Rochelle, to wit : Abraham Guion, Esqr., Col. Jos. Drake, Stephen Ward, Jose Hunt, Henry R. Mire, Theos. Bartow. " John Gidney of New-Rochelle, yeoman, sworn and examined, saith, that on Wednesday (one day last week) Wm. Lownsbury was at his house a little before sunset, went away, and returned again late at night, he supposed about 9 or 10 o'clock, in company with one Joshua Gidney, son of Isaac Gidney, of Rye, and four others unknown to him, the deponent, and that they went from his house he knew not where, but returned about a little before day light the next morning. " John Haynes of the same place, yeoman, sworn, saith that on Wednesday the 17th inst, he saw the said William Lownsberrv at the house of John Gidney of New-Rochelle, tavern keeper, a little before sunset ; he saw him go away towards Mamaroneck ; the deponent saith he afterwards, the same night about 9 or 10 o'clock, met the said Wm. Lownsberry with five other men all on foot, in New-Ro- chelle aforesaid, going towards New- York ; they all ap- peared to have handkerchiefs about their heads, and belts round their waists over their coats. " Gentlemen — We also examined several others, but could not discover any thing from them of any consequence. We also despatched a company of men in quest of Joshua Gidney, but could not find him, but we believe we shall be able to give to some account of him before many hours. John Gidney has promised to appear before your honble. House if called for. " We are, gentlemen, your humble servants, " By order of the sub committee, " JOSEPH DRAKE. <: To the Chairman of the Committee of Safety, for the Colony of New-York." A letter from the said sub-committee of Westchester county dated the 27th inst. was read and filed, and is in the words following, to wit : " New-Rochelle, 21th Jany. 1776. " Gentlemen — We send you herewith, under safe guard, the person of Joshua Gidney, whom we mentioned in our letter to you yesterday, which we doubt not you have received ; he has passed through an examination by us, but will not give us the least information about the people that were with him and Lownsberry at the house of John Gidney, though he acknowledges that he was there with Lownsberry ; we think him guilty from his evasive answers and obstinacy, though we should be sorry that any person should suffer innocently through our channel, yet we think he deserves to suffer, at least what he must in being conveyed to you, and probably a great deal more, for he said to us once that he did not choose to discover his companions ; he did not choose to bring trouble on his neighbors. It is needless to recite what has passed in every particular. Therefore subscribe ourselves, " Your very humble servants, " JOSEPH DRAKE, "THEOS. BARTOW, "HENRY R. MYER, " ABRAM GUION. "To the Chairman of the Committee of Safety, for the Colony of New-York." Ordered, That Joshua Gidney be brought before the Committee in the afternoon, to be examined. A letter from Lord Stirling, dated on the 28th inst. re- lating to 100 stand of arms and other matters, was read and filed, and is in the words following, to wit : " Elizabeth Town, January 28th, 1776. " Sir — 1 received your letter of 25th respecting the 100 stand of arms which you were to have supplied me with. I shall lay the letter before the Continental Congress and the Convention which meets this week at Brunswick, in hopes that some other means may be taken for providing an equal number. A certain ship is lately arrived here with stores, some of which perhaps maybe of use to the pub- lic service, under your direction. I therefore subjoin a list of her cargo, in order that you may know whether any part of it will be useful for that purpose. The ship is about 100 feet long on the main deck, and will commodiously carry 20 six and 10 three pounders. W. R. is well wor- thy of your confidence. " I have the honour to be " Your most humble servant, " STIRLING. " To the Chairman of the Committee of Safety, at New-York." " 107 chaldron of coal. 100 butts porter, marked ' Calvert.' 225 bags beans. 156 sacks potatoes. 10 casks sour krout. 80 hogs. 35 empty puncheons for water." Die Lun^e, 3 ho. P. M. January 29th, 1776. The Committee met pursuant to adjournment. Present— Col. McDougall Mr. Scott, Mr. Tredwell, Mr. Brewster, Mr. Clark. Joshua Gidney, who was ordered to be brought down to be examined, was brought in before the Committee and examined. Joshua Gidney says that he lives at the hither end of Rye Neck ; being asked where he was on last Wednesday night a week, says he does not remember ; that he was in company with Mr. Wm. Lownsberry a day or two before he was apprehended ; that he neither knows who spiked the cannon, and was not concerned in it. Being asked how he spent last Wednesday night a week, to wit, the night of Wednesday the inst. and where, he refused to answer or discover — at length answered that is nothing to cause. He was asked if he was with Lownsberry that night — he was frequently asked, but gave no answer — after a long 272 JOURNAL OF THE COMMITTEE OF SAFETY. time, answered he was with him one night, but does not know what night ; was then asked at what time of the night and at what place he was with him ; after frequent asking was silent. Being asked if he was at John Gidney's house lately, in the night, with Lownsberry, answered yes, but does not know in what night. Being asked who also was with them, after frequent asking, was silent and did not an- swer. Being asked where he was towards day that night, was silent. Being asked if he has any estate, says yes, about £500. He was repeatedly told not to accuse him- self, but to answer as to all other persons. Being asked if he was at John Gidney's about day breaking, was entirely silent. Being asked who was with him at John Gidney's, is silent. Being asked whether he is under any oath to keep secret, says he is not. Was charged not to accuse himself or any innocent man. On appealing to God for his innocence, was asked if he would appeal to God that he does not know who was at John Gidney's with him, refused to answer. He was frequently assured of the pro- tection of the Committee, and other protection that should be necessary, if [he] answered truly and frankly the ques- tions asked of him. Ordered, That Joshua Gidney be manacled and shackled, hands and feet, and kept in safe and secure custody at the upper barracks, until the further order of this Committee, and in the interim that no person be suffered to speak to him, but in the presence of the officer of the guard, and that no let- ter or paper writings be permitted to pass between the said Joshua Gidney and any other person or persons whomso- ever ; and that he be denied the use of pen, ink and pa- per. And, Ordered, That Col. McDougall see that this order be duly executed. Col. Lasher attending, informed the Committee, or mem- bers present, that the greater part of his corps of officers have agreed that it will not suit them to go into the Conti- nental service on the terms offered. William Lownsberry examined, says that he and Joshua Gidney, and others, went to disarm the cannon with sledges ; that when they came to a house near the cannon they heard people at work at them ; that they waited some time, heard them at work and turning them, as they judged by the noise ; that when he came to the guns he found them spik- ed and the touch holes turned downwards ; that when he and the others went up towards the cannon the men went off: that he called to them, but they went off down a hill towards the blacksmith's, and then into the road and to- wards King's Bridge ; that there was light in the smith's kitchen ; that the people who went with him had caps on ; that Gidney was concerned in the design, and went with him with design to disarm the cannon with sledges ; that he had the files bought with design to spike up the cannon ; that he is uncertain whether he or Joshua Gidney first concerted the design of disarming the cannon ; that he does not know the other persons who went with him ; that they were in Mamaroneck, on the road ; that they were at John Gid- ney's about 10 o'clock that night, and at daylight as they returned ; that he and Joshua Gidney had spoken and con- ferred on the subject ; that Joshua Gidney spoke to the other persons of the party ; that two of those persons were Josiah Burrell and William Hains ; that he is not certain, but that he believes the two others were the sons of James Hains ; that they had caps on, he had the cape of his coat about his head ; that the light was at Valentine's kitchen, and about one or two o'clock in the morning ; that he was not put on this scheme by any person ; that he and his party had two sledges with them ; that they got one sledge out of Flandereau's shop, and the other out of Guion's shop, at New-Rochelle ; that some of the company went and got the sledges ; that Flandereau's was taken without the consent of the owner ; that he dropped the design of spik- ing the guns, because he found it would be troublesome, and thought the other would do as well ; that he spoke to Isaac Gidney to work the files and make the spikes, but he said it would be a great deal of trouble, and declined it ; that there were 5 or 6 persons who went off from the guns ; that this was on last Wednesday night a week, a very cold night, so cold that men could not stand longer than half or three-quarters of an hour, in his opinion ; that he intended to disarm the guns that the communication between the country and city might be kept open. Joshua Gidney, called in again to be examined, and ask- ed how many sledges his party had, at first did not answer, and then said he did not do the fact. After some time confessed that he went from John Gidney's with a party towards the cannon, near Valentine's, with a party who de- signed to render them useless ; came there and found men at work at them ; that there were two or three of his party went up towards the cannon, and the party went off to the westward from the cannon ; that then he and his party came to the cannon and found them spiked ; that he heard of the scheme of disarming the cannon of Josiah Burrell, who came down to the man of war ; that the first person he ever heard speak of rendering the cannon useless was William Lownsberry, and afterwards Josiah Burrell spoke to him about it, and other people also ; that Josiah Burrell lives at Rye Neck ; that J. Burrell went on board of a ship to the Governor, and said he spoke to the Governor, who said it must be done, to render those cannon useless ; that Lownsberry afterwards told him the same, and he believed spoke to the Governor also ; that Issac Gidney also spoke to him about having the cannon destroyed ; that Lowns- berry and Wm. Sutton, Esquire, spoke about disarming the cannon ; that Esqr. Sutton seemed to be fond of it ; that this is since Sutton went home to appear before the Committee ; that Wm. Lownsberry was the first person he ever heard propose the disabling of them with sledges ; that this was soon after Godfrey Hains came home from on board of the man of war ; that Burrell told him he had had conversation with the Governor, and that he advised disabling the cannon ; that he heard Lownsberry had been on board of the Governor's ship about a week before this affair happened ; that Isaac Gidney informed him of this, and that the Governor advised him to destroy the cannon, and said it would save the city and prevent its being burnt down ; that Burrell and Lownsberry told him if it was done they would be well paid for it ; that there were six persons in his party to the cannon, to wit, Wm. Lowns- berry, himself, Josiah Burrell, Wm. Hains, James Hains, Junr. and Thomas Hains ; that one sledge was taken out of a shop at Flanderau's, and John Gidney borrowed the other sledge of Guion, a blacksmith ; that they found the cannon near Valentine's spiked up ; that he carried spikes a part of the way, which he received of Lownsberry to carry ; that it is his opinion that Isaac Gidney made them ; that Isaac Gidney and Joseph Purdy had been at work at night, and they gave him a bag with iron and said, here is something for Wm. Lownsberry ; that he gave it Lowns- berry, and he assisted Lownsberry to carry them ; that when they came to a parcel of guns, on the "hill near Va- lentine's, they found five or six men at work there, and the guns spiked up ; that they returned and spiked those at Williams' ; that William Hains and James Hains, Jur. spiked them; that there were upwards of 50 spiked there; that he believes Wm. Lownsberry had the management and direction of their party, and that he was called their general. That when they came to a little house near Valentine's they heard people at work ; that when he and his party came near Valentine's there was light ; that the party at work at the guns, left them and came towards King's Bridge, and passed by him walking very fast, and close together ; that he did not before know that any party but his own were engaged to spike up the cannon ; that he supposes they live in that neighbourhood ; that he believes the bag of spikes he received were made in Isaac Gid- ney's shop ; that Tsaac Gidney and Joseph Purdy went in there to work one evening, and the next evening they JOURNAL OF THE COMMITTEE OF SAETY. 273 were brought out of the shop and delivered to him, near Isaac Gidney's shop, a little time before he and his party set off to go to the cannon ; that the party who left the can- non near V alentine's, were in dark coloured clothes ; that he thinks they were countrymen of their county, and that William Lownsberry said he believed he knew one of them ; that he believes it was, and took it to be the same bag which he received of Isaac Gidney and Jos. Purdy, which they brought with them to the cannon ; that he re- ceived it a little before they set off to the cannon ; that it was a violent cold night ; that Burrell assisted to turn over the cannon ; that Lownsberry had a hand spike ; that he assisted to turn over some of them ; that they concluded it would make too much noise if they struck on the arms, to disarm them, and break off the trunnions, and therefore spiked them. William Lownsberry, being again called in and examin- ed, says, the last time he saw Govr. Tryon, was after New- Year ; that the first lime he saw Govr. Tryon was on board of Sutton's sloop ; that he went to see Sutton, and the Governor came there ; that in January when he came down with cattle, he went on board of the Governor's ship ; went to see how things were ; saw the Attorney-General there ; that he had not any conversation about spiking up the cannon ; that he does not remember that he told any person that he had had a conversation with the Governor about the cannon ; that he was not concerned in spiking up any can- non. Being asked how many cannon his party spiked up, he was silent; at length said the guns at Williams's were spiked up ; that Joshua Giduey and Josiah Burrell went down to spike up the cannon, and as he understood they found so many cannon they had not spikes enough ; that Joshua Gid- ney told him so ; that he had no hand in getting the spikes made, and does not know who made them ; that he does not know who brought the spikes ; that on the day before the spiking the cannon, Burrell spoke to him about [it,] and said he had a mind to have it done ; and that he the exami- nant told him that he did not think any smith in the county would make the spikes ; that when he received the spikes he did not know who made them ; that he understood then that all the guns at Williams's were spiked ; that Gidney and the Hains's spiked the cannon at Williams's, and that he assisted in turning them ; that he had not any business on board of the Govenor's ship ; did not go to sell beef, and went alone. Ordered, That the said prisoners be recommitted to the barracks. That the order as to the confinement of Joshua Gidney be mitigated as to his being manacled and fettered in the day. The Committee are of opinion unanimously, that Josiah Burrell, Wm. Hains, James Hains, Junr. and Thos. Haines the persons who assisted to spike the cannon at Williams's, and Isaac Gidney and Joseph Purdy, the smiths who made the spikes, ought to be apprehended and brought before the Committee. And that Valentine and all the men in his family should be examined, in order, if possible, to dis- cover the persons concerned in spiking the cannon at Valentine's. Thereupon a draft of a letter to Col. Joseph Drake re- questing him to apprehend the first party above named, and a draft of a letter to the officer of the guard at the Bridge were respectively read and approved, and are respectively in the words following, to wit : • " In Committee of Safety, ) " New-York, J any. 29th. 1776. \ " Col. Jos. Drake : " Sir — We have obtained evidence against Josiah Bur- rell, Wm. Hains, James Hains, Junr. Thomas Hains, (sons of James Hains,) Tsaac Gidney the blacksmith, and Joseph Purdy, that they have been concerned in spiking up the cannon near Williams's. " We request you to have all those persons apprehended and sent here under a proper guard. We send you this 69 by express to prevent delay, or any of them having a lon- ger opportunity to escape. " We are respectfully, sir, " Your most obt. servants, " By order of the committee." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted by Sampson Dyckman, as an express. A draft of a letter to the officer of the guard at the can- non at King's Bridge, was read and approved of, and is in the words following, to wit : "Sir — You are hereby requested to apprehend Isaac Va- lentine, the blacksmith, with his servant or journeyman, and all the men which belong to his family, and send" them down to this Committee to be examined. Endeavour to have them prevented from having any conversation with each other after they are apprehended, or on the way to New-York. " We are respectfully, sir, " Your very humble servants, " By order of the Committee. " To the Officer commanding the guard at the cannon, near King's Bridge." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted by Sampson Dyckman. DIE MARTIS, 10 ho. a. m. J any. 30th, 1776. The Committee met pursuant to adjournment. Present — Col. McDougall, Col. Brasher, Mr. Tredwell, Mr. Brews- ter, Mr. Sands, Mr. Clark. George Shannon was brought before the Committee with a number of proclamations and papers and pamphlets, which he says he received of Governor Tryon. He says he lives at Dover in Dutchess county ; that a horse was stole from one Ross in Dutchess county ; that they came to look for the horse ; that the Governor gave him the pamphlets and King's speech and proclamation to take to the country. Ross. — That they were in pursuit of a thief who stole a horse ; that they supposed the thief was on board of the men of war ; that the thief stole oxen and sold them and went off to New-York ; that a horse of his brother is since stole, they suppose, by the same thief; that they came to search after the horse and thief; supposed that the thief was on board of the King's ships ; that they asked if there was any harm to go on board, and was in- formed there was not ; that they went on board and waited till they had an opportunity to see the Governor, and in- quire if he knew any person who had come on board of his or the other ships who had stole a horse ; that he did not receive any papers of the Governor ; that Govr. Tryon inquired how the people stood affected in the county where he lived ; that he is to bear the expense of Shannon. John Buchanan and Nichs. Carmer were examined. Thereupon the said George Shannon and Ross were dis- charged, and their papers redelivered to them. Capt. John Sands from Cow-neck informed the Com- mittee that Jacob Mott, who had made his submission to this Committee of Safety and been restored, was taken into custody and detained by Col. Herd, and is now under bonds of £500 and his arms demanded. The Committee are of opinion that it is not good policy to use those severities to Jacob Mott, unless he has mis- behaved since his restoration. Thereupon a draft of a letter to Col. Herd was read and approved of, and is in the words following, to wit : "In Committee of Safety, ) " New-York, Jany. 30th, 1776. $ " Col. Herd: " Sir — Jacob Mott of Queens county, who by the re- solves of the Provincial Congress of this Colony was ad- 274 JOURNAL OF THE COMMITTEE OF SAFETY*. vertised and put out of protection, made his submission to this Committee, acknowledged his contrition for his past conduct, and engaged to behave amicably to the cause of his country, whereupon he was publicly restored to his former standing during his good behaviour. " We have not the least information that the said Jacob Mott has by any means forfeited the protection of his coun- try, or swerved from his engagements since his restoration. In our opinion, sound policy dictates the most tender treat- ment of a reformed penitent. " We are informed that the said Jacob Mott has been in custody and is under bonds to you. "We request, sir, that the said Jacob Mott may be re- leased and permitted to retain his arms, unless you should find that he has forfeited his late engagements, and that the said Jacob Mott may be treated with as much lenity as you, in your prudence, may conceive to be consistent with your duty and instructions, with which we would by no means be thought to interfere in any article whatever. " We are respectfully, sir, " Your most obt. servants." Ordered, That a copy thereof be engrossed and carried to the Chairman to be read and signed, and transmitted by Capt. John Sands. 3 ho. P. M. 30th January, 1776. Present— Col. McDougall, Col. Brasher, Mr. Brewster, Mr. Tred- well, Mr. Clark, Mr. Sands. A letter from Jonathan Blake, commanding the cannon guard beyond King's Bridge, was read and filed, and is in the words following, to wit : " The Guard at the Liberty Pole, ) " 29th Jany. 1776. J " Gentlemen — According to your desire I have sent down Mr. Valentine and son and journeyman under guard of seven men, and should be glad of a small reinforcement, as the duty of the men is very hard on account their num- bers. " I am, with the greatest respect, " Your humble servant, "JONATHAN BLAKE. " Joseph Hallet, Esqr. Chairman of the Committee of Safety, New-York.'' Ordered, That all the said persons be brought before this Committee for examination. Isaac Valentine being brought before the Committee to be examined, says, that he lives in Westchester county ; that the guns lie about 400 or 500 yards from his house, in a field ; that he does not know whether his son or ser- vant was at home on last Wednesday night a week ; that on Sunday his brother, who lives near the guns, informed him that if he had been at his house last night he would have heard music ; and informed him that he heard the guns every now and then ring, sometimes at one end of the par- cel of guns and sometimes at the other; that he knows William Lownsberry ; did not see him or Joshua Gidney at his house that night ; does not know who spiked the guns ; that John Williams came down to his house and informed him that the guns at Williams's were spiked up ; that at his request they went to the guns in his field and found them spiked. William Dickiii says he is an Englishman ; lives with Isaac Valentine ; was at home on last Wednesday night a week ; had not a light at 1 or 2 o'clock that night; that he sleeps in the old house now called the kitchen ; that he thinks Mr. Valentine's son was at home that night ; did not see any persons come in there late ; that his young mas- ter says a drover came to their house and first told him the guns at Williams's were spiked up. Isaac Valentine, Junr. — That he has not signed the asso- ciation, but is hearty in the cause of his country ; does not know William Lownsberry ; has seen Joshua Gidney but once to his knowledge ; was at home last Wednesday night a week ; does not know what light was in the house ; knows nothing about spiking up the guns ; that the guns are 250 yards from his father's house ; that a drover from New-England first told him in an evening, that the guns were spiked ; that next morning John Williams came down and informed his father that the guns near his house were spiked ; that they went and found them spiked. DIE MERCURII, 10 ho. a. m. Jany. 31st, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Col. McDougall, Mr. Scott, Col. Brasher, Mr. Brewster, Mr. Tred- well, Mr. Sands, Mr. Clark. A letter from Col. James McClaughry, of Little Britain, Ulster county, dated 23rd inst. was read and filed, and is in the words following, to wit : " Little Britain, 23rd January, J776. " Gentlemen — I received a letter from the Honble. the Provincial Congress, bearing date the 1 6th Octor. last, re- lative to fixing a place of rendezvous for the regiment under my command, in case of an alarm. In consequence of which, I called together all the officers of my regiment, and have fixed the place of our rendezvous at New-Windsor, but find, on examination, that it is impossible the men can appear properly equipped for want of ammunition ; there- fore, request that a small magazine be formed at the place of rendezvous, under the direction of such persons as you shall judge proper. " 1 am, gentlemen, with much esteem, " Your most obt. and very hble. servant, " JAMES McCLAUGHRY. " P. S. — Should have answered the Honble. Congress sooner of this matter, but did not receive their favour until the 24th ulto. " To the Committee of Safety for the Province of New- York, in New-York." A letter from Judah Harlow of the 26th inst. covering a receipt or certificate from Capt. Danl. Denton, late captain in the 3rd regiment of the New-York troops, and also the said receipt or certificate, certifying that the late company of the said Daniel Denton, had eat 315 meals of victuals at the said Judah Harlow's, for which he had not been paid, were read. A letter from Moses Gale of the 27th inst. covering a certificate of Danl. Denton, late captain of the 3rd regiment, dated 26th of August last, and also the said certificate cer- tifying that the late company of the said Danl. Denton, had eaten 164 meals of victuals at the house of the said Moses Gale, for which he had not been paid, were read. The Committee are of opinion that consistent with their late resolution, and letter to their Delegates, they ought not now to take up their time with, or interfere in ac- counts. The committee farther conceive that they are not authorized by any resolve of Continental or Provincial Con- gress, to pay for billeting at Is. per meal ; and, therefore, Ordered, That the said letters and certificates be re- turned to the owners, by Mr. Brewster. Mr. Nichs. Low applied for a permit to lade the bri- gantine New-York, on account of Mr. Isaac Govemeur. Thereupon a permit was delivered to him in the words following, to wit : "In Committee of Safety, > " New-York, Jany. 31st, 1776. $ " The brigantine New-York, Capt. John Walker master, is hereby permitted to lade at this port with provisions and lumber." A letter from the Delegates of this Colony at the Con- tinental Congress, was read and filed, and is in the words following, to wit : " Gentlemen — The Congress this day received a letter from Genl. Lee, apprizing us of his intended march into JOURNAL OF THE COMMITTEE OF SAFETY. 275 New-York, in obedience to orders from Genl. Washington, favouring us at the same time with a copy of your letter to him, on this subject. "As we perceived it was Genl. Lee's intentions imme- diately to proceed to your city, and that you thought such a measure dangerous to the lives of the inhabitants, and in other respects unseasonable, we thought it our duty to apply for a committee of Congress, to examine into the expediency of the expedition, and to give such directions as upon consulting you and the general, might appear most prudent and advisable. " Col. Harrison, Mr. Lynch and Mr. Allen, are entrusted with this important business ; a choice which we approve, having the highest sentiments of their humanity, patriotism and judgment. We are well satisfied that every mark of respect will be shown to them by your body as well as by individuals, not only on account of their great merit, but because the employment in which they are now engaged, im- mediately regards the safety and preservation of the capital of our own Colony. " We acknowledge the receipt of your favour this day respecting the scheme of protecting the navigation by cruisers, at the Continental expense. When you are made acquainted that this, and other Colonies have engaged in a similar plan at their own Provincial charge, you will perceive the proposition to be attended with difficulty, as proceeding from us. The deputation from Congress will, however, give you an opportunity of representing the propriety of such a measure, as calculated to prevent the supply of provisions to the fleet and army employed for the enslaving these Colonies ; and the necessity of stationing some of the Continental cruisers in the places you may suggest. This will bring on the inquiry, where such vessels can most conveniently be had, and your pur- poses may be answered very effectually, as we are con- fident that every thing which they recommend, will have the greatest weight with the Congress. " The several matters communicated in your letter by Mr. Foster, will be answered by that gentleman when he returns, which will not be till the beginning of next week. " We have the honour to be, " With great respect, gentlemen, " Your most obt. hble. servants, "JAMES DUANE, "WM. FLOYD, " HENRY WISNER. " Phila. 27th Jany. 1776. "Honble. Committee of Safety, New- York." A letter from William Floyd and Henry Wisner, Esq. two of the Delegates at Congress, was also read and filed, and is in the words following, to wit : " Philadelphia, 27th January, 1776. " Gentlemen — We send you by favour of the Com- mittee, who are going to New-York, 12,500 dollars, for the raising a regiment destined for Canada. The other is for Mr. Lewis, from the marine committee, which be pleased to deliver to him, and you'll oblige " Your very humble servants, " WM. FLOYD, " HENRY WISNER. " Also 129 T V dollars, to be disposed of by Mr. Lewis. " To Pierre Van Cortlandt, Esqr. Chairman of the Committee of Safety, New-York. ,: Ordered, That Mr. Scott and Col. McDougall be a committee, to wait on the Honble. Committee of the Con- tinental Congress, and inform them that this Committee is ready to wait on them to confer with them at such time and place as they may please to appoint. Messrs. Scott and McDougall returned and informed this Committee that the gentlemen from the Continental Con- gress request a copy of Genl. Lee's letter as soon as pos- sible, and that as soon as they shall have heard from Gen). Lee, they will inform this Committee of the time and place to confer with them. Messrs. Scott and McDougall farther informed the Committee, that Philip Livingston, Esqr. is Teady to take care of the money brought for Francis Lewis, Esqr. and has directions from Mr. Lewis for that purpose. There- upon, Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of the Provincial Congress of this Colony, or his Deputy, wait on Col. Harrison, Mr. Lynch and Mr. Allen, the committee from the Honble. Continental Con- gress, and receive from them 12,500 dollars, sent from Continental Congress, for the regiment to be raised for the service in Canada, and give those gentlemen a receipt for the same. And Ordered farther, That the said Treasurer or his Depu- ty receive of those gentlemen the farther sum of 129 T \ dollars, and pay the same to Philip Livingston, Esqr. on account of Francis Lewis, Esqr. and take Mr. Livingston's receipt for the same. And Ordered, That the Secretaries furnish a copy of Genl. Lee's letter to the committee of Congress, with all possible despatch. Ordered, That Jacamiah Allen get the cannon near the house of John Williams, and also those near King's Bridge removed to the larger parcel at Valentine's, so as to have them all brought together, for the greater convenience of guarding them and drilling out the spikes. The Committee agrees with Mr. Allen to allow him 20s. a piece for clearing and unspiking the cannon beyond King's Bridge, and removing the cannon from John Wil- liams's to the larger parcel ; and Mr. Allen agreed to remove those guns, and clear and unspike the whole at 20s. each. Mr. Allen is also requested to remove the guns at or near King's Bridge to the larger parcel at as little expense as possible, for which he is to be paid the expense. And Mr. Allen is farther directed not to clear or unspike any gun, but such as when cleared will be fit for use. Col. Lasher delivered in a memorandum of such officers in his regiment as are willing to go into the Continental service, which was read and filed. Col. Lasher was informed that a committee of the Honble. the Continental Congress are come to this city, on a service relating to the city and Colony only ; that it would be a requisite honour to them to station a guard of at least two sentinels at their door in the day, and a ser- geant's guard to attend there as a guard every night. A memorial of Frederick Hartell, setting forth his for- mer rank and services in the army, offering his services, and requesting a commission of not inferior rank to that in which he had formerly served, was read and filed. A memorial of John Wylley, offering his services as a captain in the Continental service, was read and filed. Ordered, That the memorandum delivered in by Col. La- sher, and the memorials of Fredk. Hartell and John Wyl- ley remain on file to be taken up again when an arrange- ment of officers may be forming for officers of the regi- ments to be raised in this Colony for the Continental ser- vice. 3 ho. P. M. January 31s*, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Col. McDougall, Mr. Scott, Mr. Tredwell, Mr. Brewster, Col. Bra- sher, Mr. Clarke, Mr. Sands. A return of an election of the officers of a company of militia, signed by Arthur Parks, chairman of a committee in Hanover precinct, was read and filed. The officers thereby returned are James Milligan capt. John Hunter first lieut. Matthew Hunter second lieut. and Robert Burns ensign. Ordered, That commissions issue for those gentlemen according to the return. James Lattin, a lieutenant in one of the minute companies in Ulster county, who delivered in the above mentioned return, informed the committee that William Goodgion, 276 JOURNAL OF THE COMMITTEE OF SAFETY. the ensign of the minute company of which he is lieutenant had unfortunately lost his commission and earnestly re- quested that another commission might be given to him. Ordered, That the Secretaries make out another com- mission for ensign William Goodgion, of the same date and tenor as his former commission. Whereas, The Provincial Congress of this Colony ap- pointed Messrs. Jacobus Van Zandt, John Van Derbilt and Comfort Sands, to load certain vessels on Provincial ac- count, and despatch them in order to obtain articles neces- sary for the defence of the Colonies, and Mr. John Van Derbilt having undertaken and nearly completed the load- ing of one of the said vessels, so that she will be speedily ready to sail, informs the committee that he has advanced a large sum of money and stands in need of cash, as well to reimburse the cash he has already advanced as to com- plete the lading of the said vessel, and requests an order on the Treasurer for £1,800 on account. Thereupon, Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, ad- vance to Mr. John Van Derbilt the sum of £1,800 on ac- count, and take Mr. Van Derbilt's receipt for the same. A draft of a letter to the Delegates of this Colony at Continental Congress, was read and approved of, and is in the words following, to wit : " In Committee of Safety, ? "New-York, 3lst Jany. 1776. \ " Gentlemen — We have to acknowledge the receipt of your favour by the committee of the Continental Congress, who are arrived in this city ; you may be assured of our readiness to pay them that attention which is due to them both in office and person. We have ordered our Trea- surer to receive of them the money which they had in charge to deliver to us. " That part of it which is destined for raising the batta- lion intended for the Canada service, we shall despatch under proper care and without delay to Genl. Schuyler. The battalion must, for the most evident reasons, be raised in the northern quarter, and for the same reasons the money must be there lodged. Lest Genl. Schuyler should not have been furnished with the resolves of Congress on the subject of that battalion, we have long since transmitted copies to him. " The other small sum we shall take care to have hand- ed to the marine department. " The people of Richmond have been so far compliant, as will be seen by the enclosed papers ; we mean not, nor do we suppose our Congress will, determine on their case, which is now before the Continental Congress ; we intend only to state to that respectable body the case as it now stands, and on this head would only add that the interdict now operates against them, and that probably their Depu- ties will not be received by our Congress 'till the sense of the Continental Congress can be had on the subject, which we beg to be furnished with, as soon as possible. " We beg leave to renew your attention to the want of a paymaster at this post, about which we wrote to you at least three weeks ago. We find inconveniences increase upon us daily, from our being obliged to go into that de- partment of service, which gives us more pain from a con- sideration that we may for want of due information err, than from an unwillingness to do business that does not properly fall to our lot. " We are, gentlemen, respectfully, " Your very humble servts. " By order of the Committee. " To the New-York Delegates in Continental Congress." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted by post. A draft of a letter to General Schuyler was read and approved of, and is in the words following, to wit : " In Committee of Safety, ) "New-York, Jany. 31ji, 177G. \ " Sir — We had the honour some time since of trans- mitting to you a resolve of Congress for reducing the bat- talions now in Canada to two, and for raising a new bat- talion for the Canada service, under the command of Co- lonel Van Schaick. This regiment must for the most evi- dent reasons be raised in the northern quarter, and we flat- ter ourselves you will look to the appointment of the offi- cers, for whom we shall, without delay, make out the ne- cessary commissions, (for which we are possessed of blanks) as soon as you will favour us with a roll for that purpose. " We have received from Congress 12,500 dollars, to be employed in recruiting Mr. Van Schaick's regiment. The same reasons which show the necessity of raising it in your country, points out to us the propriety of sending to you the money allotted for that service ; we accordingly send it to you by Messrs. Joseph Jadwin and Gilbert Giles. We beg you will take the necessary receipt in du- plicate, and transmit one to us. " We must beg leave to remind you of the inconven- ience arising from the want of a paymaster at this post. We cannot as well from a regard to our own ease, as an attention to the safety and despatch of public business, any longer engage in the discharge of a duty in which for want of proper information we may err, and which is totally without our department. " We are, sir, respectfully, " Your mo. obt. and very hble. servants, " By order of the committee. " Major Genl. Schuyler." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. DIE JO VIS, 10 HO. A. M. February 1st, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Col. Brasher, Mr. Scott, Col. McDougall, Mr. Brewster, Mr. Clark Mr. Sands, Mr. Tredwell. A letter from Jonathan Blake, an officer of the guard at the cannon beyond King's Bridge, was read and filed, and is in the words following, to wit : "Head Quarters, ) "In Westchester, Jany. 31st, 1776. J " Sir — Col. Drake having delivered Joseph Purdy into our custody, I take this early opportunity of sending him to New-York under a proper guard, which I hope will meet with your approbation. " I remain, sir, your humble servt. "JONATHAN BLAKE." Ordered, That the said Joseph Purdy be brought im- mediately before this committee to be examined. Joseph Purdy examined, says, he was going to Mama- roneck ; lhat Isaac Gidney asked him to stop ; that he stopped about two hours ; that he was in the shop ; that Isaac Gidney was making something of steel, which he said was hatchel teeth ; that they were as large as pipe stales, or larger, like those now shown to him ; that he as- sisted to make some ; that it was in the latter part of the afternoon ; that he does not know who they were for ; that he does not know that he was not there next day or next evening; that Gidney did not tell him who the spikes were for ; lhat he drew the teeth out sharp ; that he thought they were finished ; that Isaac Gidney put the teeth in a bag in the shop and they went down together to Mama- roncck ; that he does not know Isaac Gidney's business to Mamaroneck ; that a cordvvainer from Westchester was at Flood's, one that run away on account of Weyman's boat, and Joseph Todd was there ; that he did not ever hear any conversation about the cannon until he heard they were spiked ; that the spikes were in a two bushel bag, and he supposes there were 8 or 9 pounds weight in it ; that he did not then suspect what the pipes were designed for, but JOURNAL OF THE COMMITTEE OF SAFETY. 277 did afterwards suspect that they were designed to spike up the cannon. Ordered, That the said Joseph Purdy be sent to the guard house at the upper barracks, and that he be prevent- ed from speaking to any person, or receiving or giving out any paper writings whatever, or having the use of pen, ink or paper. Col. Waterbury of Connecticut, being at the door, was introduced, he delivered a letter from His Excellency, Ceneral Washington, and Col. Waterbury informed the Committee that the Gentlemen who are a committee of the Honorable Continental Congress, request that Mr. Scott and Col. McDougall do wait on them immediately. Col. Waterbury withdrew. The letter from General Washington was read and filed, and is in the words following, to wit : " Cambridge, January 8th, 1776. " Sir — Having undoubted intelligence of the fitting out of a fleet at Boston, and the embarkation of troops from thence, which, from the season of the year and other cir- cumstances, must be destined for some expedition south of this ; and having such information as I can rely on, that the inhabitants of Long island in your Government, (or a greater part of them,) are not only inimical to the rights and liberties of America, but by their conduct and public professions have discovered an apparent inclination to lend an helping hand to subjugate their fellow citizens to minis- terial tyranny, there is a greater reason to believe that this armament, if not designed immediately against the city of New-York, is nevertheless intended for Long- island. " 1 have therefore thought it expedient to despatch Major- Genl. Lee, with such volunteers as he can quickly as- semble on his march, (for I have not troops to spare from hence, if the distance and time would admit of it,) in or- der to put the city of New-York in the best posture of de- fence, the season and circumstances will admit of. " To his instructions which I have desired him to lay be- fore you, I shall beg leave to refer, firmly pursuaded* that your Honble. Body will give every assistance in their power to facilitate the end of his coming ; as there needs no other argument than a retrospective view of the conduct of the ministerial troops in Boston, and the consequences re- sulting from it, to prove what a fatal stab it would give to the interests of America, to suffer the city of New-York to fall into the hands of our enemy. " I have the honour to be, sir, " Your most obt. hble. servt. " G. WASHINGTON. " The Chairman of the Committee of Safety, New- York." Col. McDougall and Mr. Scott went to wait on and confer with the committee of the Continental Congress. After some time those gentlemen returned and reported, that the said committee informed them that they were sent here by Congress, and that Genl. Lee with his troops were coming here to take measures and consult with this committee, for the defence of this city and Colony, and not to com- mence any actual hostilities. That 700 men of Genl. Lee's troops are on their march to this city ; that part of those troops will be in town this evening, and the others to- morrow, and those gentlemen request to know whether this committee will provide for the reception of those troops, and receive them into the barracks. Debates ensued on the said report and request, and thereupon Mr. Sands moved "that the troops now on their march from Connecticut to this city, shall be stopped in their march until this Committee shall confer with the Committee of the Continental Congress on that matter, and consider thereof." Debates ensued on the said motion, and the question be- ing put thereon, it was determined in the negative, in man- ner following, to wit : 70 For the negative. Mr. Scolt, Mr. Brewster, Mr. Clark, Mr. Tredwell — 4. For the affirmative. Col. Brasher, Col. McDougall, Mr. Sands — 3. For the negative. Col. Brasher, Mr. Sands— 2. Mr. Scott then moved, and was seconded, that Genl. Lee's troops be admitted to come into the city of New- York, and be lodged in the barracks, as they can not be otherwise provided for ; but that they come into this city upon condition that they be under the direction of this Committee, or the Provincial Congress, until a full confe- rence of this Committee, or the Provincial Congress, with the committee from the Continental Congress and Major- General Lee, and until further order to be taken thereon, with the consent of this Committee or the Provincial Con- gress, or further direction of the Continental Congress. Debates arose on the said motion, and the question be- ing put thereon, it was carried in the affirmative, in man- ner following, to wit : For the affirmative. Mr. Scott, Mr. Tredwell, Mr. Brewster, Col. McDougall, Mr. Clark— 5. Ordered, therefore, That General Lee's troops be ad- mitted to come into the city of New- York, and be lodged in the barracks, as they can not otherwise be provided for ; but that they come into the city expressly upon the condi- tion that they be under the direction of this Committee, or the Provincial Congress, until a full conference of this Committee or the Provincial Congress, with the commit- tee from the Continental Congress and Major-Genl. Lee, and until further order to be taken thereon, with the con- sent of this Committee, or the Provincial Congress, or fur- ther direction of the Continental Congress. A letter from Col. Thomas Palmer, dated 25th inst. was read and filed and is in the words following, to wit : "To the Honhle. Committee of Safety for the Province of New-York." " Gentlemen — The convention for this county, at their last session, passed a resolve that no person shall enlist under a minute captain in any other town or precinct with- in this county, except that in which he resides. What views the convention had in passing this resolve I know not. But the consequences resulting from it is already too conspicuous to our damage ; as it is the only means where- by two minute companies now recruiting (the one in New- Windsor and the other in Newburgh precinct) can not be filled up, as their former mode having been, to fill up their companies out of the different precincts, in such manner as to be nearest their officers, and most compact and handy for exercising their men, which in my opinion is the most eligible ; and in that way the companies which are already raised, and whose time wont expire until spring, were fill- ed up ; and a considerable part of those companies, made up out of the precincts of New-Windsor and Newburgh ; so that the two companies now recruiting being under the restriction of the said county resolve, can not obtain a com- petent number of men. And even suppose we were just now setting out to raise minute men ; under the limits of such a resolution, it would be most absurd in its nature, as the number of the militia are more or less according to the extent and popularity of the town and precincts, and the fourth of the militia, in some, may not amount to a compa- ny ; and in others more, and perhaps not quite two compa- nies ; so that it is absolutely necessary that the minute captains may raise their companies any where (at least) within one militia regiment in which he may reside. This affair is likely to make much uneasiness ; and had this not happened, the companies would easily been made out, without the disagreeable necessity for balloting, agreeable to your late resolve, which will be a step that many be- gin to grumble at ; for some say by that means there is a compulsion on men who are disaffected to the cause, as 278 JOURNAL OF THE COMMITTEE OF SAFETY. well as to such other persons as the circumstances of their families, &c. may render it disagreeable to be obliged to turn out, and acts of constraint ought (if possible) to be avoided. I must, therefore, beg you will take the premi- ses into your immediate consideration, and should you be of opinion with me, that the said resolve is attended with the consequences aforesaid, that you will be pleased by a resolution of your House to counteract the same by a line to the chairman of the said convention, or by some such other ways and means as in your wisdom you may judge best. I need not remind you that the resolves of the county convention and sub-committees within this Pro- vince are ever subject to your approbation or disapproba- tion. " I beg leave to observe, with the utmost concern, that no measures are yet going on for expediting our fortifica- tion at Puplope's point. The river being now frozen, so that the timber for the barracks, which now chiefly lies at New-Windsor, may be carried in sleds down to Puplope's point, which is most necessary, in order for a house for la- bourers, and no better time than the present for collecting other necessaries back in the woods, and bringing them on the spot, in order for the fortification. " I am, gentlemen, with due respect, "Your most obt. and most humble servant, " THOMAS PALMER. " Newburgh, 25th J any. 1776. " The Honble. Committee of Safety, New-York." Die Jovis, 3 ho. P. M. February 1st, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Col. McDougall, Mr. Scott, Col. Brasher, Mr. Tredwell, Mr. Clark, Mr. Sands, Mr. Brewster. A letter from the Delegates of this Colony at Continen- tal Congress, was read and filed, and is in the words fol- lowing, to wit : " Gentlemen — We had the honour of writing to you yesterday by Mr. Lynch ; we now set down to say a word or two respecting the case of Mr. Foster. Sorry as we are that the privilege granted by our Convention to that gentlemen has led him into inconveniences, yet the re- straint upon exporting live stock is grounded upon such solid reasons, and appeared so essential to Congress, that we are persuaded that it will be in vain to ask for a relaxa- tion in this or any instance. We have consulted some of our Congress friends who are of the same opinion, and have satisfied Mr. Foster that it will be to no purpose to make the proposition. " We hope, however, you may think of some method of putting it in his power, in another way, to make up his losses, which will give us particular pleasure. " The other matters contained in that despatch we shall consider and act upon with all diligence. " We have the honour to be, " With the greatest respect, gentlemen, "Your mo. obt. hble. servts. "JAMES DUANE, "HENRY WISNER, "WM. FLOYD. " Phila. 30th Jany. 1776. " Honble. Committee, New-York." A letter from the Committee of Kingston in Ulster county, was read and filed, and is in the words following, to wit : '' Kingston, January 27th, 1776. " Gentlemen — We have received the prisoners sent to us by Capt. Van Wyck ; after perusing your letter, and orders relative to the prisoners, we ordered a guard of our Grenadiers to take them, and sent them, pursuant to your orders, to our jail, where they will be safe, we think. In any respect where we can be of service to the cause of American liberty, we cheerfully and willingly will do, to guard against the machinations, schemes and stratagems of the common foes of the American liberty. " We respectfully remain, gentlemen, " Your mo. obt. " By order of the committee present, " WM. ELSWORTH, Chairman. " The Honble. Committee of Safety, New- York." A letter from Messrs. Harrison, Lynch and Allen, in answer to the order of this Committee relating to the in- troduction of Genl. Lee's troops, was read and filed, and is in the words following, to wit : " Messrs. Harrison, Lynch and Allen, present their compliments to the Committee of Safety of this Colony ; they have received the order of their Board, but are un- der a necessity of informing them that they cannot under- take that the troops commanded by Genl. Lee, shall be under the entire direction of the Committee or Provincial Congress, as that would be to exceed any powers lodged in them by the Continental Congress. They cannot see the propriety of this order, after the conference had by them with Col. McDougall and Mr. Scott, and the assu- rances given those gentlemen this morning. " New- York, 1st February, 1776." A letter from Col. Waterbury on the same subject, was read and filed, and is in the words following, to wit : " Gentlemen — I have received your orders respecting the admission of the troops under Genl. Lee into the bar- racks of this city, and in reply must inform you that I have no authority to give up the entire direction of them to the Committee without orders from the General. In the meantime, the troops are hourly expected, and as the weather requires that they should be put immediately un- der cover, I shall, on their arrival, march them into the barracks. Every care shall be taken to preserve good or- der and exact discipline among them, until the General comes ; when I shall submit this affair to his determination. " This by yours, to serve, " DAVID WATERBURY, Jr. Col. " Feb. 1st, A. D. 1776. " To the Honbl. the Committee of Safety, New- York." On reading the letter of Messrs. Harrison, Lynch and Allen a committee of the Honble. Continental Congress, and the letter of Col. Waterbury now received, this Committee requests the favour of an immediate confe- rence with Messrs. Harrison, Lynch and Allen, and hereby inform them that they are now met in Committee at the Assembly Chamber in the City Hali and are ready to at- tend such conference at any place those gentlemen may please to appoint. Ordered, That one of the Secretaries wait on Messrs. Harrison, Lynch and Allen with a copy of the above re- quest. Mr. Benson, one of the Secretaries, returned and inform- ed the Committee that Messrs. Harrison, Lynch and Allen will wait on this Committee in the Assembly Cham- ber. Mr. Sands one of the sub-committee appointed by the Provincial Congress to freight a vessel to the West Indies with provisions, &c. to purchase arms and ammunition, Reports : " That in pursuance of said appointment he has freighted the sloop James Richard, Pooler, master, for St. Eustatia, belonging to Stephen Thome, and loaded her with provi- sions as per invoice, amounting to £777 7s. 9d. consigned to Mr. Samuel Curson, merchant there ; that the freight of said sloop is as per agreement £3 10s. per ton, mer- chants' tonnage ; and in case said sloop is seized by the ministerial army or navy in consequence of carrying pro- visions to said island, the Congress are to pay to Stephen Thome for said sloop the sum of £500, as per agreement annexed. He further Reports : " That by order of the Committee of Safety, he has JOURNAL OF THE COMMITTEE OF SAFETY. 279 loaded the schooner Polly, Matthew Van Alstyne, master, whereof Abm. P. Lott and Matthew Van Alstyne are ow- ners, for Martinico, Guadaioope and St. Eustatia, with provisions as per invoice, amounting to £1,278 2s. I0d. consigned to said master to purchase arms and ammuni- tion ; that the freight agreed for is £3 10s. per ton, mer- chants' tonnage ; and in case said schooner is seized in con- sequence of carrying provisions to said islands, the Con- gress are to pay to Abm. P. Lott and M. Van Alstyne, the sum of £500, as per agreement, also annexed. Has also loaded the sloop Sally, Wilkie Dodge, master, whereof himself is owner, for Coracoa, with provisions as per invoice, amounting to £1,132 8s. lid. consigned to Mr. Isaac Governeur, merchant there, to purchase duck, flints and ammunition ; that the freight of said sloop is as the former, at £3 10s. Od. per ton, merchants' ton- nage; and in case said sloop is seized in consequence of carrying provisions to said island, the Congress are to pay for said vessel to said Comfort Sands, the sum of £650. He further Reports : " That in order to get said vessels out of this port, he has been obliged to give bonds to the Custom House to land said cargoes in some of the English islands in the West Indies, and requests the Committee of Safety will indem- nify him from said bonds." Mr. Sands delivered in the agreements made by him for the respective vessels above mentioned, and the invoices and bills of lading and papers relating to the said several vessels and cargoes, which are now filed. The above report being read and fully approved of, the Committee agrees that the said report and the several agreements therein mentioned, stand confirmed, and be considered as the agreements of the Committee of Safety, made for and on behalf of the Provincial Congress of this Colony, and on their account and risk. And Resolved, That the said Comfort Sands shall be, and hereby is, fully indemnified by this Committee of Safety and the Provincial Congress of this Colony, for the time being, against any bonds which he has entered into at the Custom House for the said vessels and cargoes, or on ac- count of lading and sending them to sea or either of them ; and that in case any costs or damages shall accrue or be suffered by the said Comfort Sands or his representatives by means of entering into such bonds or either of them ; that all such costs and damages as may arise, happen or accrue by means thereof, shall be borne by this Colony ; and the said Comfort Sands having now delivered in the accounts of the cargoes or ladings of the said several ves- sels amounting in the whole to the sum of three thousand one hundred and eighty-seven pounds eighteen shillings and eleven pence, and therein credited the sum of £2,500 received by virtue of an order of the Provincial Congress of the 19th December last, whereby a balance of £687 18s. 11 d. is stated as due to the said Comfort Sands ; the Committee not having hitherto had time to examine and audit the said account, that Mr. Sands may not con- tinue so large a sum in advance for the public service ; Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, pay to Comfort Sands on account of the moneys he has advanced for the public service by order of the Provincial Congress and of this Committee of Safety, in purchasing the car- goes for sundry vessels, the sum of £600 on account, and that Mr. Livingston take Mr. Sands' receipt for the same. Messrs. Harrison, Lynch and Allen, the committee of the Continental Congress, attended the Committee, and were introduced. The Committee of Safety informed those gentlemen that their answer to the order of this com- mittee occasioned this conference. The Committee of Safety, on their part, suggested, that as Genl. Lee, by his letter, had informed them that he would delay the main body of his troops on the frontiers of Connecticut until after his arrival ; that as those troops are introducing into the Colony without any particular order of the Continental Congress known to this Committee, and Major-Genl. Lee, who was to have preceded those troops, and had the com- mand of them, detained by indisposition, the Committee of Safety conceive that those troops ought not to be intro- duced into the city on any other condition than under their direction ; that the dignity of this Colony in the Continen- tal Union, and their duty to their constituents to preserve their liberties, and prevent any manoeuvre or accident that may endanger the safety of the city, or cause the removal of the inhabitants at this inclement season of the year, in their opinion forbids the introduction of those troops on any other condition for the present. The gentlemen of the committee of Continental Con- gress then informed this Committee, that Congress, in con- sequence of having received a copy of the letter of the Committee of Safety to Genl. Lee, had appointed them a committee to confer with General Lee and this Committee. That no service or matter whatever should be undertaken by those troops until such conference had. They then produced their credentials from Congress, whereby the directions of those troops are given to the gentlemen of that committee. They farther assured the Committee, that Genl. Lee, knowing that they were here, by his instructions to Col. Waterbury had directed those troops to be under their command ; that they would, as far as in their power, take care that the troops should be kept under good government and discipline until Genl. Lee's arrival, and for that purpose they had given particular di- rections to Col. Waterbury. The Committee thereupon were satisfied, and declared they were contented, as those troops are under the com- mand of the committee of Continental Congress. DIE VENERIS, 10 ho. a. m. Fehj. 2nd, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Col. McDougall, Mr. Brasher, Mr. Brewster, Mr. Sands, Mr. Tred- well, Mr. Clarke. Col. Curtenius attended by request; he informed the Committee that he had examined the 100 muskets at Mr. Jecamiah Allen's, which were directed for Lord Stirling, and that they are good and in order. The Committee being further informed that Jecamiah Allen has 50 other muskets ready, and that he requests an order for £100 on account : Thereupon, Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, advance to Mr. Jecamiah Allen the sum of £100, on account of moneys due to him from the Provincial Congress for mus- kets, and that Mr. Livingston take Mr. Jecamiah Allen's receipt for the same. Ordered, That Col. Curtenius, as Commissary of the Provincial Congress of this Colony, purchase all the good muskets and firelocks fit for use that he can procure, and that he direct the gunsmiths not to sell any muskets out of this Colony. 8 ho. P. M. February 2nd, 1776, The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Col. McDougall, Mr. Brewster, Mr, Tredwell, Mr. Clark, Col. Bra. sher, Mr. Sands. A letter from Col. Joseph Drake, dated the 31st January, and received yesterday, was read and filed, and is in the words following, to wit : "Sir — I received yours per express yesterday; last night sent and apprehended Josiah Burrell, Thos. Hains and Isaac Gidney, whom I have sent forward to you under 280 JOURNAL OF THE COMMITTEE OF SAFETY. guard ; the others have not been apprehended yet, but shall endeavour to have them secured if possible. " I am, sir, your very humble servant, "JOS. DRAKE. " Jany. 31s/, 1776. " To Jos. Hallelt, Chairman of the Committee of Safety, New-York." Ordered, That the said Josiah Burrell, Thomas Hains and Isaac Gidney, be brought down to this Committee for examination. Josiah Burrell says, he lives on Rye-neck ; that he knows William Lovvnsberry. Being asked who was with him when he spiked up the guns, answered that he does not know who was with him ; that he knows nothing about spiking up the guns. On Wednesday, the 17th ult. in the night, William Lovvnsberry, Joshua Gidney, Thomas Hains, James Hains, Junr. William Hains and himself, were at John Gidney's ; that he did not carry any sledge or sledges; does not know whether any were carried ; does not know who spiked up the guns. Being asked if the company had any sledges, answered that it could not be worth while to carry sledges. Isaac Gidney says, he lives on Rye-neck ; is a smith ; never worked up any files for Wm. Lownsberry ; does not know of any person who did work them ; that Wm. Lowns- berry and Josiah Burrell employed him to make hatchel teeth ; that he, made them of steel ; that he made about 200 ; made them of bar steel ; that he did part of the work in the day and part in the evening ; that he worked only one evening ; that Joseph Purdy assisted him that evening ; that he had not any intimation from Lovvnsberry what those hatchel teeth were for, or that they weie for spiking the cannon ; that he never delivered them in a bag ; that he never declared to any person that they were in a bag ; that Joshua Gidney came to his shop and took the bag ; that after the hatchel teeth were made, he had a mistrust what they were for ; that Lownsberry asked him to work files to make hatchel teeth ; that he told him they were unhandy to work ; that this was before Lownsberry brought him the steel ; that he made about 200 spikes ; that he did not think they looked like hatchel teeth, but that Lownsberry gave him a sample to make them by ; that he never saw any hatchel teeth so large ; that people call him a tory ; that no other person to his remembrance was present when Joshua Gidney took the bag ; that Joshua Gidney took the bag ; that he is uncertain, but thinks he asked for Lowns- berry's bag ; that he, this examinant, answered it was there, he could take it ; that Joseph Purdy assisted to make them. Thomas Hains. — That he lives at Rye-neck ; is a son of James Hains ; that he did not go with Wm. Lownsberry and others to spike up the guns ; was not with them at John Gidney's ; that he knows nothing about the matter ; never was at the cannon. Josiah Burrell, being again examined, says he never saw any cannon spiked, and does not know who spiked them — after some time acknowledged that he did meet with Wm. Lownsberry, Joshua Gidney, Thomas Hains, Isaac Hains, Junr. and William Hains, at Joshua Gidney's ; that they came as far as Valentine's, and in return some of their party went to the guns ; that he did employ Isaac Gidney to make hatchel teeth very large ; that he had about 60 made ; that he afterwards threw them away, and does not know where they are ; being frequently asked, ac- knowledged that their party did set out with a design to spike up the guns ; that he came to New-York when the vessel laid up in the North river; that he went on board of a vessel there ; that a person there spoke to him about spiking the guns ; that he does not know the man ; that he went on board of a sloop to see Hains ; that he went on board of the Governor's ship to deliver a letter for Avery, the minister at Rye ; that James Hains told that he after- wards went on board of the said sloop, and heard the same matter about spiking the guns spoke of by some person. Thos. Hains called in and confronted with Josiah Bur- rell. Thomas Hains says he knows Josiah Burrell ; Jo- siah Burrell says he is the Thomas Hains who went with them to the guns, and was along with them. Josiah Bur- rell says he never was promised any reward for spiking the guns ; that he has signed the association soon after its first appearance for that purpose ; that he does not know who got the spikes ; they all assisted to carry them ; that he does not know who got the sledge ; that he never saw the guns spiked, and does not know who did it ; that there were six of the party, and does not know which of them spiked them ; that after going from Valentine's he threw the hatchel teeth, which he got made, into Bronx river. Thomas Hains called in again and examined, acknow- ledges that he was at Joshua Gidney's in an evening about a month ago ; that James Hains came in there ; that they said they were going to take a walk — asked him to go and did not know what they were going about ; that they walked 12 miles from where they set out, and so far back; that he came to Gidney's about evening ; that William Lownsberry, Joshua Gidney, Josiah Burrell, William Hains and James Hains, were with him ; that he does not know who spiked up the guns ; that they had caps on ; that he had a Dutch Kilmarnock cap on — wore it to keep his head warm ; did not know that his party spiked up the guns. .., Ordered, That the prisoners, Josiah Burrell, Thos. Hains and Isaac Gidney, be remanded prisoners to the bar- racks, and kept in safe and secure custody. And Ordered, \ hat the said Josiah Burrell and Thomas Hains be severally manacled and shackled, hands and feet, and strictly guarded, until the farther order of this Com- mittee, and in the interim that no person be suffered to speak to them, or either of them, or to the said Isaac Gid- ney, but in the presence and hearing of the officer of the guard ; and that no letter or paper writings be permitted to pass between either of the said prisoners and any other person or persons whomsoever ; and that each of them be denied the use of pen, ink and paper. Ordered, That Col. McDougall see that this order be duly executed. DIE SABBATI, 10 ho. a. m. Febrny. 3rd, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Col. McDougall, Mr. Tredwell, Mr. Brewster, Mr. Clark, Mr. Sands, Mr. Othout, Mr. Scott. Col. McDougall informed the Committee that the Con- tinental Congress have 2 pair of brass field pieces here, but not entirely finished ; that one pair of those cannon are wanted immediately at the camp at Cambridge ; that the Continental guns are at least as good as those of this Co- lony ; that it will forward the service to send off two of the brass field pieces of this Colony, with their carriages, immediately, to be replaced by those now finishing for the Continent, if that should be agreeable to this Committee. Thereupon this Committee freely consents that one pair of the brass field pieces, with their carriages, be immedi- ately forwarded to Genl. Washington, in such manner as Philip Livingston, Esqr. shall think proper to direct. A letter from Arondt Van Hook, setting forth his merits, offering his service as a captain in the troop lo be raised in this Colony, and a letter from Henry G. Livingston and Wm. Smith Livingston, recommending the said Aaron Van Hook for his mental qualifications, were read and filed. Messrs. Garret Abeel, Patrick Dennis and Abm. Brinck- erhoff, a sub-commiltee of the city committee, attended and came into this Committee and informed lhat a motion was yesterday evening made and seconded in their com- mittee to delay the exportation of flaxseed, by Smith Ra- JOURNAL OF THE COMMITTEE OF SAFETY. 281 madge, who has purchased from Nichs. Low a privilege to export that article tor Ireland, as part of the exports al- lowed for the powder imported in a vessel of Isaac Gover- neur's, until the sense of the Continental Congress is known. That finally the city committee had directed their sub-committee to make inquiry on that subject of all the Continental Delegates now in this city, and of this Com- mittee of Safety. They also farther inform that Mr. Har- rison, one of the Continental Delegates, had informed them that the Committee of Philadelphia had laid that matter before Congress very lately, but that no determination was given thereon when he left Congress. The said sub-committee farther mentioned, as given to them in charge to inform this Committee, that their com- mittee have a sub-committee to examine and inspect all ex- ports ; that sundry vessels are lading and have been laded ; that when called on by their committee the shippers only an- swer that they have leave of the Committee of Safety, by means whereof the association may be eluded, and that at- tempts of that kind have been made. Thereupon this Committee informed the sub-committee that they would write to the Delegates of this Colony on the subject of the flax seed. And, Ordered, That one of the Secretaries give a certificate to Messrs. Bancker and Ray, the sub-committee of this city, for exports of the amount in value to which Isaac Governeur's consignatory is allowed to export produce, and that the like certificates be given by the Secretaries in any future cases of this kind. Two prisoners were brought to the door by several of the inhabitants, and were ordered to be brought in. Thos. Vernon, one of the prisoners brought in. Ste- phen Steel, examined as witness, says that last summer as he was returning, at different times, from training, this Thomas Vernon told him he hoped to see light horse rais- ed here, and that as he had been formerly of such a corps Govr. Tryon would put him into the light horse and they would drive the Americans ; that he has heard him often say he would take up arms against the Americans when- ever he had an opportunity, and spoke of spilling their blood ; that Vernon frequently goes on board of the ships of war ; that since he was taken up and carried before the city committee, he heard him, near Doctor Jones' threaten the Americans, and very often speak against the Ameri- cans. Thomas Vernon says he went on board of the men of war by Govr. Tryon's order, and was on board of them yesterday, and delivered 2,000 oysters on board of each ship. Vernon says he will fight for either King or coun- try, wherever he can get pay. Stephen Steel farther says that Vernon was with his boat at the off side of the man of war, and laid along some lime ; that the man of war did not bring his boat too that evening, as she was return- ing to the city, though she brought the other boats too ; that when he came on shore Vernon acknowledged he had been on board, and said it was to carry his bedding on board. Stephen Steel further says, he saw 60 shot in his yard, and a boy told him afterwards that they were carried on board of the man of war, and that they were then gone out of his yard. Lawrence Brasher, another witness, declares he has fre- quently, at different times, heard Stephen Steel declare the same facts about Vernon which he has now testified. Gerney Ten Eyck says he was hired by Thos. Vernon ; has been three days in the boat ; that he assisted the said Thos. Vernon, and by his order, to put 2,000 oysters on board of the Dutches, and 2,000 on board of the Asia, and 2,000 on board of the Phoenix ; that this was yesterday ; that the night before last they lay with their boat along side of the Dutches of Gordon, and the ship's boats from the man of war came and they delivered 4,000 oysters on board of their boats ; that yesterday Vernon, with his boat, went along side of the different men of war ; that he, the said Guerney Ten Eyck went by order of Vernon, and hopes he is not culpable. Ten Eyck further says, that he did 71 not know that the boat was to go on board of or to the man of war when he left the shore in the boat. The pri- soners were taken out. Guerney Ten Eyck called in, was told from the chair that if he is found going on board again he will be punish- ed according to his demerits, as it is against a resolution of Congress ; that he be very careful for the future of his conduct ; he was thereupon discharged. Ordered, That Thos. Vernon be conveyed to the guard house at the barracks, and that he be there confined in safe custody ; and that he provide himself with provisions at his own expense, until the further order of this Committee. Die Sabbati, 3 ho. P. M. Feby. 3d, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Mr. Scott, Mr. Brewster, Col. Brasher, Mr. Tredwell, Col. McDou- gall, Mr. Sands, Mr. Clark, Mr. Oothout. Samuel Iselton, the pilot, returned from the Hook, and informs that he is just, landed from the Hook ; that about 11 o'clock the day before yesterday, vizt. on Thursday last, he saw a large ship off, about E. S. E. from the light- house, 12 or 14 leagues from the Hook ; appeared so large that he took her for a man of war ; that yesterday morning she lay at anchor without the outward middle ; that yes- terday afternoon about 3 or 4 o'clock Francis James' pilot boat came near said ship and beat round under her lee, and as he supposes put a pilot on board ; that the said pilot boat beat round her several times, and about 4 o'clock the ship got under way and came up within the middle, and came to an anchor about 8 o'clock last night within the middle ; that they saw a second large ship this morning, off about 8 or 9 leagues from the Hook, as he imagined ; that the ship he left at anchor has bright sides and quarter pieces ; no head ; has a mizen-top-gallant yard across ; does not appear deep loaded ; that James' boat took the pilot out of the Pennsylvania Farmer and proceeded to the ship ; that James' boat came up yesterday and went down to-day ; that the schooner Tender went down this morning with a pennant hoisted, and jack at bowsprit end ; when the schooner came within a mile of the ship he hove her en- sign out, and the ship hove her ensign out ; that the schoo- ner proceeded and anchored near the ship, and was there when he came away ; that he met James' boat near the buoy at the west bank this day as she was going down ; that they heard one gun fired on their way up ; Killigrove, or one of his company, carried out the Farmer ; Jack Squillion was also taken out of Mr. Lowther's sloop by James' boat. A draft of a letter, (at the request of Philip Livingston, Esqr.) to the committee of Stanford, in Connecticut, was read and approved of, and is in the words following, to wit : " Gentlemen — By the bearers, whose names are un- der written, we send you 2 pieces of brass ordnance, with their carriages and harnesses, for the Continental service at Cambridge. Please to give a particular receipt for them to the bearers, and forward them, with all possible expedi- tion, to Genl. Washington, directing the persons by whom you forward them to take receipts for them as they deliver them. " We have been directed to forward them in carts or wa- gons to prevent jarring the felloes of the wheels, or injuring the carriages, and to forward them by land. " It will be necessary to forward them by every means that will be most expeditious, and to take great care that the trunnions of the field pieces are not broken or injured, nor the carriages defaced. " We are respectfully, gentlemen, " Your very humble serv'ts. " To the Committee for the town of Stanford, Connecticut." Mr. Comfort Sands informed the Committee that Mr. John Ramsay is willing to devote his whole time to ma- nage and direct the manufacturing of linen and tow cloth, and 282 JOURNAL OF THE COMMITTEE OF SAFETY. the employing the poor with the money put into his hands for that purpose, for 5 per cent as a compensation for his trouble in the premises. The Committee are of opinion Mr. Ramsay is a very proper person for that business, and agrees to allow to him 5 per cent for his trouble in the pre- mises. Ordered, That Comfort Sands purchase wood in small parcels as he may have opportunity, not to exceed in the whole the sum of 50 cords, and distribute the same among the very necessitous poor ; and that he bring in the ac- count to this Committee. Ordered, That Mr. John Foster purchase all the good tow cloth which he can procure, on account of the Provin- cial Congress of this Colony, not to exceed 2s. per yard in price ; and that Mr. Foster send the same in small quan- tities, as fast as he can procure it, by safe conveyances to Mr. Peter T. Curtenius, at New-York. And Ordered, That Peter Van Rrugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, ad- vance to Mr. John Foster, for the purchase of such tow cloth, the sum of £50 upon account, and take Mr. Foster's receipt for the same. Die Solis, 3 ho. P. M. Feby. 4th, 1776. The Committee met, on summons for that purpose. Present — Mr. Joseph Hallett, Chairman. Mr. Tredwell, Mr. Brewster. Col. Brasher, Mr. Sands, Mr. Oothout, Col. McDougall, Mr. Scott came past 4 o'clock, Mr. Clark, in ill health, came past 6 o'clock. The Committee met on the account of the transport that came up into the harbour, and the report that the Mercury and two other transports are below. A request in the words following, was sent to the Honble. Hugh Wallace : " 3 ho. P. M. February 4th, 1776. " Sir — The Committee of Safety, now met in the As- sembly Chamber at the City Hall, present their compli- ments to the Honble. Hugh Wallace, and request the fa- vour of him to call on the Committee as soon as possible." A like request, mutatis mutandis, was sent to his wor- ship Mr. Mayor. Ordered, That John Atherton, the pilot who was taken up by some of the inhabitants this morning, and sent to the guard house, be brought down for examination. John Atherton being examined says, in substance, that he went on board of his boat to lodge ; that some persons came on board of his boat and took him on board of Gov. Tryon's ship, and from thence on board of the armed schooner Tender ; that he could not avoid piloting her down and up again ; that he did not pilot the ship Sally, or the transport Brigantine. William Frundan of the city of New-York, branch pilot, says, that two or three days [since] he desired John Atherton and Nichs. James, to draw their boat to the shore and haul her up ; and that he also desired Wm. Marriner and Robt. Cocks to speak to them and give them the same advice ; that they said the man of war had her in possession, and that they would not do any thing with her ; that lie has very frequently seen the said John Atherton and Nichs. James going on board of the Phoenix, and that they keep passing and repassing from the boat to the Phoenix every day. That this morning he charged John Atherton that he went down with the schooner Tender ; that Atherton at first denied it ; that he, the examinant, said to Atherton that he could prove it ; that after some time Atherton ac- knowledged that he had gone down with the schooner, and asked him what could he do, he would starve in the city without employ, and attempted to justify his conduct ; that Francis James came and took his clothes off the wharf and has got his boat off, and told his sons there were 200 men on board the brig, but that he, Fundran, thinks there are no troops on board ; that the other day after Atherton was sent to this Committee, after he relumed Fundran asked him how he had settled with the Committee, and Atherton said he had clubbed with the Committee and set- tled the account. Mr. Jacobus Van Zandt came to visit the Committee ; he then informed them that Atherton goes frequently on board of the Phoenix ; that he told him the other day he would not lose business for any Committee, &c. &c. The substance of further particulars of Mr. Van Zandt's testi- mony could not be reduced to writing. Ordered, That Atherton be sent back to the guard house. The Honble. Hugh Wallace attended, says he has not heard any thing but what he has heard on shore, as to any transports being below. That a midshipman, who came with Capt. Parker on board the Governor's ship, told him the Mercury is below and from Boston, in about a fortnight, and had letters on board for him. That a gentleman came on board the Dutches with Capt. Parker; the Governor was called out into Harvey's dining room, and that he, Mr. Wallace, was informed that when that gentleman's cloak opened he had red lapels ; that he believes this brig is from Boston and a transport ; that he heard the address of the House of Commons read, that it re-echoes the King's speech ; that he intends to go on board of the Governor's ship this afternoon, and has promised some gentlemen on the bridge that if he hears any thing of importance to the city will inform of it. Mr. Mayor says that he has not heard any thing but what he heard on the bridge. That he should have wait- ed on the Governor but that the Governor has sent him a card requesting him to wait on him to-morrow. That if he hears of any thing necessary for the safety of the city he will make the best use of it. William Fundran is directed to proceed immediately to the Narrows, and to take a trusty person with him who can ride, and with a good spy glass ; that he stay at Cortel- you's, and that on sight of any fleet he immediately de- spatch his rider with information to this Committee ; and a proper signal to be made in the day, and also a proper signal to be made in the night, in case the weather should not permit to cross the ferry immediately, were fixed on with the said Fundran. Samuel Isleton the pilot was also called in and directed to proceed immediately with the whale boat and his oars- men to the Hook, and to keep the best look-out if any fleet is approaching, and to examine, if any fleet appears, whe- ther there are any troops on board, and to give the most immediate notice of his discoveries to this Committee. Saml. Iselton is to tarry one week, if no fleet appears sooner ; is to have the same pay as before, to wit, 10s. a day for himself, and 8s. a day for each of his men. They are to find their own provisions and bear their own expense. Col. McDougall went to wait on Genl. Lee, and to form an arrangement of duty for the night. Mr. Jacobus Van Zandt came into the Committee and informed them that he has good information and to be re- lied on, that Genl. Clinton has come ; but whether it was- Genl. Clinton, or his aid-de-camp, who came on board of the Governor's ship he has not yet discovered. Philip Livingston returned to the Committee, with Messrs. Harrison, Lynch and Allen, the Committee of the Continental Congress ; after a short conversation on the present state of the city, and the intelligence received, Ordered, That the letter from Genl. Washington of the 8th of January last be read, and the same was read ac- cordingly. Thereupon the committee from the Continental Con- gress, together with Phil. Livingston, Esqr. from Conti- nental Congress, and John M. Scott, Esqr. from this Committee, and Mr. Hobart of the Provincial Congress, departed to wait on Major-Genl. Lee, and confer with him on the present situation of affairs, and an arrangement for the evening. Mr. Mayor came into the Committee and informed that the Governor had sent for him ; that he waited on the Gover- JOURNAL OF THE COMMITTEE OF SAFETY. 283 nor and saw Genl. Clinton there ; that he is authorized by the Governor to assure the inhabitants that no troops are coming here ; Genl. Clinton declared the same ; that the Governor said Genl. Clinton called to pay him a short visit ; that if any transports with troops should by accident or stress of weather put in here, they are not intended to remain here. Col. Brasher was despatched to inform Genl. Lee and the gentlemen there assembled, of the information received from his Worship the Mayor. Messrs. Scott and McDougall returned, separately, from Genl. Lee. Col. McDougall informed the Committee that the arrangement of the duty and guard for the night, is settled by Genl. Lee, and that he has delivered the same to the town major. The Committee conceive it necessary to inform the Con- tinental Congress, through the New-York Delegates, of Genl. Lee's arrival, and of the arrival of the transports and Genl. Clinton of the ministerial troops. Thereupon a draft of a letter to the Delegates of the Colony of New- York, was read and approved, and is in the words following, to wit : " Gentlemen — We think it our duty to inform the Continental Congress through you, that Genl. Clinton of the ministerial troops, and one transport, are this day ar- rived here ; but we do not know that she contains any troops. That the Mercury ship of war is near Nutten island coming into port. We are well informed that those vessels left Boston not more than 14 days ago. " The mayor has this evening declared to us that he was then come from Govr. Tryon, and is authorized by the Go- vernor to assure the inhabitants that no troops are coming here ; that Genl. Clinton was present, and said that no troops are coming here ; that Govr. Tryon farther told him, that Genl. Clinton had only called to pay him a short visit ; that if any transport with troops should by accident or stress of weather put in here, they are not intended to remain here. We do not rely on this information ; but if it be true, we conceive that the most natural conclusion is, that he is going to the southward. " Major-Genl. Lee is arrived here this day, (ill with the gout.) He has about 700 men now here, and has sent over for Lord Stirling's regiment. " We are, most respectfully, " Gentlemen, " Your obt. hble. servants, " By order." The colonels and lieutenant-colonels of three regiments of the city being assembled near the hall, were requested to come into the Committee. After some conversation on the state of their respective regiments, they were requested and directed to call out their respective regiments to-mor- row, to know the state and number of their arms, and of the men in their respective regiments fit for duty ; and to enable them to make proper returns to this Committee. Thereupon, Ordered further, That Col. Curtenius be directed, and he is hereby directed, to deliver to the colonels of the re- giments of the militia of this city respectively, so many flints, as will enable them to provide each man in their respective regiments with three flints. And, Ordered, That the colonels respectively do, at their dis- cretion, distribute three flints to each such man in their respective regiments, as they may think ought to be sup- plied therewith. The Committee of Safety being informed that the first battalion of the city of New-York, is on duty this night, and considering that they cannot want the assistance of Lieut. Col. Brasher to-morrow, and that he must attend the Committee sooner than usual, and having entire con- fidence in the field officers of that battalion, as equal to any emergency, the Committee enjoin Lieut. Col. Brasher that he do not attend duty with his regiment this night. 10 HO. A. M. Feb/. 5th, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett, Chairman. Mr. Scott, Col. Brasher, Mr. Brewster, Mr. Tredwell, Col. McDou- gall, Mr. Sands, Mr. Oothout. The Committee sent Mr. McKesson, one of their Secre- taries, to inform Messrs. Harrison, Lynch and Allen, the committee of Congress, that they conceive that as Genl. Lee is to remove this morning, that it may be most agree- able to his situation to wait on him at 3 o'clock or after ; but that the committee are ready to attend the general and those gentlemen at any hour. The Secretary returned and informed the Committee of Safety, that the committee of Congress would prefer the morning to wait on Genl. Lee, and requests the Committee of Safety to send to Genl. Lee to know when he can re- ceive them. The committee of Congress request an ex- press to be furnished to them, to proceed immediately to Philadelphia. Ordered, That the door-keeper go immediately and pro- cure an express. And, Ordered, That Mr. Benson, one of the Secretaries, wait on Genl. Lee, and know when it will be convenient for him to receive the committee of Congress and this Com- mittee ? Mr. Benson returned and informed that he found Genl. Lee in bed, and not yet removed. But that he said he would be taken out of bed and be ready to receive both committees in an hour. Ordered, That Mr. Benson inform the committee of Congress thereof. John Lamb, the cartman, being here ready to go express to Philadelphia, at the request of the committee of Con- gress, was sent to the gentlemen of that committee, (with Mr. Benson,) to receive their despatches. He returned with the despatches, and the Committee of Safety having nothing to transmit, he was ordered to proceed with all possible despatch. The Committee being informed that Messrs. Joseph Jadwin and Gilbt. Giles are going to Albany, and several of the members being well acquainted with those gentle- men, believe them prudent and trusty, and very proper persons to take the care of and convey the money designed for the use of the Canadian regiment, to Genl. Schuyler. Therefore, Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, or his deputy, deliver to Messrs. Joseph Jadwin and Gilbert Giles, the sum of 12,500 dollars, and take their receipt for the same, to be conveyed to Genl. Schuyler for the use of the Canadian regiment, and that they convey the same with the greatest watchfulness, care and attention, and de- liver the same to Genl. Schuyler. The committee of the Continental Congress having called on the Committee of Safety, they proceeded to wait on Genl. Lee. After some considerable time spent with Genl. Lee in conference, Genl. Lee informed the other gentlemen that Mr. Smith, the engineer, had been out to view the ground about Horn's Hook, and that he is now gone to Long island for the same purpose. Genl. Lee also pro- posed to go to-morrow to view Hellgate. And thereupon the conference was adjourned till to-morrow evening. Die Lunjs, 5 ho. P. M. Feb. 5th, 1776. The Committee met pursuant to adjournment. Pbesent— Mr. Joseph Hallett, Chairman. Col. McDougall, Mr. Scott, Cel. Brasher, Mr. Tredwell, Mr. Brew- ster, Mr. Oothout, Mr. Sands. A letter from Willm. Smith, Esqr. chairman of the com- mittee of Suffolk county, was read and filed, and is in the words following, to wit i 284 JOURNAL OF THE COMMITTEE OF SAFETY. " Suffolk county, Jany. 24th, 1778. " Gentlemen — In pursuance to your order, we have appointed the field officers for the minute men in this county, and also the officers for the artillery company, which companies, we trust, will be some security to this county. At the same time this committee beg leave to mention, that the militia of this county but little exceeds 2,000. The great exposedness of the east end, and the ex- tensiveness of the county, induces us to desire such number of Continental troops may be stationed here as the Con- gress, in their wisdom, shall judge necessary. We make no doubt the Continent proposes to protect and defend this island, and hope you will use your endeavours that a suf- ficient force may be posted here for that purpose. " We have a number of poor men in this county who are good soldiers, and friends to the cause, and would be glad to enlist as minute men, but have no guns ; we should be glad to know if a number can be procured at the public ex- pense for such persons as are unable to purchase them. " The situation of this county in many parts, makes it extremely difficult to raise and train the minute men ; they complain they are not sufficiently paid, considering the great distance they have to travel, many 8, 10 and 12 miles, and that on foot, to exercise. The officers also, on the same account, are at considerable expense, besides the expense of raising their companies, and pray they may be considered. " By order of the committee. " WM. SMITH, Chairman. " To the Honble. Provincial Congress, New- York. " A list of the officers of the minute men approved and chosen by the county committee. " Josiah Smith, Col. " John Hulbert, 2nd Col. " Isaac Reeve, 1st Major. " Jonathan Baker, 2nd Major. " Isaac Overton, Adjutant. " Ebenezer Dayton, Quaitcr-Master. " Officers of the Artillery. " Wm. Rogers, Capt. " John Franks, Capt. Lieut. " Jeremiah Rogers, 1st Lieut. " Thos. Baker, 2d Lieut. " John Tuthill, Lieut. Fire Worker. " Commissions issued, dated ) 20thFebruy. 1776. $ " By order of the committee. "WM. SMITH, Chairman." Ordered, That commissions issue for the gentlemen therein named, and that the residue of that letter remain for the consideration of the Provincial Congress. DIE MARTIS, 10 ho. a. m. Feby. 6th, 1776. The Committee met pursuant to adjournment. Present— Mr. Joseph Hallett, Chairman. Mr. Scott, Col. McDougall, Col. Brasher, Mr. Sands, Mr. Tredwell, Mr. Oothout, Col. Pierre Van Cortlandt. A letter from Lord Stirling, sent by a corporal of his troops, was read and filed, and is in the words following, to wit : " Elizabeth Town, Feby. 5lh, 1776. " Sir — By the powder ordered for us by the Continen- tal Congress not being yet arrived at this place, I am un- der the necessity of asking the favour of the New-York Committee of Safety to send five thousand cartridges, (of the size of the New-Jersey Provincial arms,) to Paule's hook, to be there by 10 o'clock to-morrow morning. " I am, sir, your most humb. servt. " STIRLING. " To the Chairman of the Committee of Safety, New-York." Thereupon a draft of a letter to Lord Stirling, in answer to his letter, was read and approved of, and is in the words following, to wit : "My Lord — We are favoured with your letter of yester- day ; we have examined the bearer and can't discover the bore of the arms of your troops, or the size of the cartridges that would be useful for them. We are informed that your troops are at present supplied with six rounds each. " If, sir, you will direct a cartridge of the size necessary for your troops to be sent over to us as a sample, we will send you the number desired, if so many of that size we have or can procure. " We have the honour to be, with the " Highest respect and esteem, my lord, " Your lordship's most hble. servts. " By order of the Committee." Two of the members being necessarily obliged to go out with Major Genl. Lee, on business of importance, for want of a sufficient number of members to form a quorum, no material business could be done, and the Committee ad- journed. As soon as the Committee could form a quorum in the afternoon, they were requested to attend a conference at Major-Genl. Lee's. At a conference held at Major- Genl. Lee's, in New- York, February the 6th, 1776. Present — Col. Harrison, Mr. Lynch, Mr. Allen — A committee of the Honble. Continental Congress. Major-Genl Lee — Of the Continental army. Mr. Hallett, Mr. Scott, Mr. Tredwell, Mr. Oothout, Col. McDougall, Col. Brasher, Col. Van Cortlandt — Of the Committee of Safety of New- York. It is the opinion of the gentlemen present : 1st. That a secure fortified lodgment for the troops that now are or may hereafter be at the city of New- York, should be made at such place or places as Major-Genl. Lee, or such other Continental officer as may command here, shall think most proper for preventing the ministerial troops from taking possession of this city. That to the same end, as well as for the protection of Nassau island : 2nd. Such intrenched encampment, and such other works, should be made on Nassau island, and at such place or places on that island as Major-Genl. Lee, or such other Continental officer as may command at New-York, shall think necessary. And that for the purpose aforesaid : 3rd. Such works should be erected near Hellgate as will entirely secure that pass. " Memorandum. — The Committee of Safety at New- York, are informed by Col. Pierre Van Cortlandt, one of their members, that the powder mill of the late Judge Li- vingston is now re-erected and in the completest order for manufacturing gunpowder, and that a proper manufacturer and workmen are there attending, but that the manufac- turer proposes to depart soon unless saltpetre can be pro- cured. The Committee of Safety conceive, that if there is saltpetre at Philadelphia, it might safely be conveyed through New-Jersey to New- Windsor, Kingston, or any part on Hudson's river ; and are humbly of opinion, that at this critical juncture every opportunity of manufacturing gunpowder should be embraced. " By order of the Committee of Safety. "JOHN McKESSON, Secy. " N. B. There is a large quantity of sulphur deposited near the said powder mill." Ordered, That Mr. John McKesson deliver a certified copy of the matters of this conference to the committee of the Honble. Continental Congress, and receive from those gentlemen a copy of the resolutions of Congress, which these gentlemen have as credentials, and which they have proposed to deliver. The Committee of Safety returned to the Assembly Chamber in the City-Hall, and afterwards adjourned. JOURNAL OF THE COMMITTEE OF SAFETY. 285 DIE MERCURII, 10 ho. a. m. Feby. 1th, 1776. The Committee met pursuant to adjournment. Present — Joseph Hallett, Esqr. Chairman. Mr. Scott, Col. Van Cortlandt, Mr. Tredwell, Mr. Sands, Col. Bra- sher, Mr. Oothout, and many members of the Provincial Congress, but not number sufficient to make a Congress. Mr. Saml. Franklin informed the Committee and the Members of Congress present, that his ship Sally, loaded with salt and in the custody of Capt. Parker or his order, is in great danger from the ice ; that Capt. Parker is will- ing that he should cause the said ship to be brought to Lupton's wharf, on his giving security to have her kept safe and returned to Capt. Parker on his request ; and Mr. Franklin requested the advice and direction of the Com- mittee of Safety in that matter. Mr. Franklin withdrew. After some time spent therein, the Committee of Safety and the Members of Congress are of opinion that they ought not to give any directions therein to Mr. Franklin, for which they assigned to him their reasons. The Committee of Safety adjourned to Simmons's with- out separating. A message was sent to Saml. Bayard, Junr. Esqr. and Agustus Van Cortlandt, Esqr. respectively, requesting them to attend this Committee. Saml. Bayard, Junr. Esqr. attended the Committee, he was informed that this Committee and the inhabitants in general are of opinion that the records of the Colony un- der his care are in danger in their present situation, and that they ought to be removed to a place of safety under the care and direction of Mr. Bayard. That there is not any intention to take the records out of his care and pro- tection. Mr. Bayard was asked if he had any place for that purpose in view, and was informed that he could con- sider of this matter till to-morrow noon, and advise with his friends and request the direction of His Excellency the Governor and the Council, if he thought it necessary, and inform the result to this Committee to-morrow at noon. A letter of this morning from Henry Remsen, Esqr. chairman of the committee of the city, was read and filed and is in the words following, to wit : " Wednesday morning. " Sir — I have this morning had an application for a permit to send on board the Asia 2 hhds. of spirits, 2 doz. of coffee, and 1 doz. of chocolate. I beg leave by your means to receive the sense of the Committee of Safety on this matter, to serve as a guide on future application of the same nature. " A Mr. Serle applied last evening to the city commit- tee for a pass to go on board the Dutches of Gordon, un- der pretence of procuring a patent for lands ; but on exa- mining him, he discovered an intimate knowledge of Col. Warner's proceedings in raising men to march into Cana- da, and the proceedings of the townships in the northern parts of this and Boston governments, he is to call for an answer this day, and many of our committee were of opi- nion that it was not advisable to grant him a permit, with- out leave from our superiors. " I am respectfully, sir, " Your mo. obt. servt. " HENRY REMSEN. " Being detained by several people, I cannot wait on you in person. "To Joseph Hallett, Esqr." A draft of an answer to Henry Remsen, Esqr. was read and filed and is in the words following, to wit : " Sir — We are this morning favoured with your letter. We are much at a loss to conjecture by whose means an application was made to you for supplying the ship Asia with the stores mentioned in your letter, as all supplies for the ships stationed here, have hitherto been made bv order of the Provincial Congress, or the Committee of Safety in pursuance of their order, and through Abram Lott, Esqr. 72 " We could more readily form a judgment on this matter, if we knew by whom the application was made. We therefore delay giving our sentiments on this subject until we hear farther from you. " We highly approve of your having refused permission to Mr. Serle to go on board of the Dutches ; and we wish the city committee would give such effectual direc- tions as that he might be prevented from going on board. "We are most respectfully, sir, " Your mo. obt. hble. servants. " By order of the Committee. " To John Remsen, Esqr. present." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Mr. John Cozine, deputy to Augt. Van Cortlandt, Esqr. the town clerk, on behalf of Mr. Van Cortlandt, waited on the Committee of Safety. He informed the Commit- tee that all the records of the town clerk's office are for the present removed to a proper place for that purpose at the Yonkers in Westchester county, which is satisfactory to the Committee of Safety. 4 ho. P. M. Febry. 1th, 1776. The Committee met pursuant to adjournment. Present —Joseph Hallett, Esqr. Chairman. Col. McDougall, Col. Van Cortlandt, Col. Brasher, Mr. Tredwell, Mr. Oothout, Mr. Sands. Mr. Scott a little before the Committee ad- journed. Ordered, That Col. Curtenius, as Commissary of the Provincial Congress of this Colony, procure three medi- cine chests for the regiments to be raised in this Colony ; and that Dr. John Jones and Dr. Treat be requested to give an inventory of the medicines and instruments neces- sary for each of the said medicine chests ; and that those gentlemen be farther requested to give proper directions that the said instruments be good, and such as they shall approve of; and to see that the said instruments and me- dicines, respectively, be good of their kinds and qualities. A return of Gilbert Potter, chairman of the committee of Huntington, was read and filed : it is thereby certified that Stephen Kelly and Ebenezer Piatt, two of the com- mittee, had inspected the election of officers at Cow Har- bour, the 5th company of Huntington ; that Piatt Veal was chosen captain; Michl. Heart was chosen 1st lieutenant; Isaac Dennis, 2d lieutenant, and Jacob Concklin, ensign. Another return of Thos. Weeks and Jesse Brush, two of the committee of Huntington, was read and filed : they thereby certify that, upon due notification, the following gentlemen were duly elected, according to the resolves of Congress, to wit : John Buffet, captain ; Isaac Thompson, 1st lieutenant; Zebulon Ketchum, 2d lieutenant; and Jo- seph Ketchum, ensign ; commissions issued accordingly. A. M. Feby. 8th, 1776. Present' — Pierre Van Cortlandt, Esqr. Chairman. Mr. Tredwell. Mr. Sands, Mr. Oothoudt, Mr. M. Graham. Saml. Bayard, Junr. Esqr. agreeable to the proposal of yesterday, that he should consider of removing the records, consult his friends and the Governor and Council, if he thought necessary, and report the result this day at noon, called on the Committee. Mr. Bayard informed the Com- mittee that he had waited on Govr. Tryon yesterday, and informed him that the Committee were of opinion that the records of the Colony were unsafe, in their present situ- ation, and ought to be removed to a place of safety, and were willing that his Excellency should give order therein for their removal to a place of safely ; that his Excellency replied that he did not conceive the records were in any danger, unless there was an intention to annoy His Majes- ty's ships in the harbour, or remove the artillery ; but that if either of those matters were in contemplation, his Excel- lency was willing to charter any ship in the harbour, and deposite the records therein ; and that they should be kept 286 JOURNAL OF THE COMMITTEE OF SAFETY. there in safety for the public, and should not receive any injury from the King's ships : but that he would not assent to their removal from their present situation to any place on shore, as he did not conceive there was any other place of greater security. Die Jovis, 4 ho. P. M. Febry. 8th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Col. McDougall, Col. Brasher, Mr. TredweU, Mr. Sands, Mr. Oot- houdt, Mr. M. Graham. The Committee were informed, by a member, that Major- Gen. Lee stands in present need of some cash for the Con- tinental troops, and requests the Committee of Safety to advance him some money on Continental account. There- upon, Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, advance $1,000 to Major-Genl. Lee, on account of the Continental Congress, and that Mr. Livingston take Major-General Lee's receipt for the same. A letter from Major-Genl. Schuyler, of 25th Jany. was read and filed, and is in the words following, to wit : " Jllbany, January 25th, 1776. " Sir — I am honoured with your letters of the 11th and 17th inst. Your observations in the first, respecting the paymaster, appear to me to be founded in error. The pay- master-general's duty is to receive money from the treasury and to issue that money upon my warrant. He has it not in his power to issue a single farthing without such a war- rant, so that if he was with you, you would be under the necessity of an equal trouble in the applications, and I could only grant money for expenditures immediately con- nected with the army. Hence you see that the attendance of such a paymaster at New-York would avail you little. " The resolutions of Congress, a copy of which you en- closed in yours of the 17th, I had already before received from Mr. Hancock. By the resolution respecting the pro- visions and stores to be sent to Fort George, I cannot be- lieve Congress intended any thing more than that you should supply me with what I might want on application ; the almost impossibility of sending a large quantity from New-York to Fort George, at this season, will countenance this construction. " The resolutions for sending up shipwrights to build batteaux, appears to me to have proceeded from a want of information. I have requested Congress to countermand this order, and have given the following reasons : That one Albany shipwright will do nearly as much at that kind of work as two that are not accustomed to it, and I can also make them work early and late, which the others will not ; besides there will be a great saving in the travelling charges. You will therefore please not to send me any until I apply for them. I can easily conceive that it is very difficult at New-York for artificers to procure a subsistence for their families — the like difficulty prevails here. I shall write to Congress by this post respecting the batteau men ; before your letter came to hand I conceived that I was to have issued orders for engaging them. " I expect soon to hear from Congress on the subject of the naval department, and shall then, unless I am other- wise ordered, apply to you for seamen. " Be assured, sir, that I shall at all times with the great- est alacrity, consent to any requisition you may be pleased to make, provided I can do it consistent with my duty ; be- yond that 1 know you will never wish me to go. " I am, sir, with the most respectful sentiments, " Yours and the Committee's mo. obt. hble. servants, "PH. SCHUYLER. " Pierre Van Cortlandt, Esqr. Chairman of the Committee of Safety, New- York." A letter from Col. Ritzema, dated at Montreal the 3rd of January, was read and filed, and is in the words follow- ing, to wit : " Montreal, 3rd January, 1776. " Dear Sir — This morning we experienced a sad re- verse of fortune. Mr. Antill arrived here express from Quebec with the following intelligence : That Genl. Mont- gomery on the 31st ulto. between the hours of 5 and 7 in the morning, after a previous disposition of his small army, made two attacks upon the lower town, under a feigned one upon the upper ; the first was conducted by one Capt. Browne with 94 men ; one of the real attacks by the gene- ral himself at or below Cape Diamond, with 466 men ; and the other by Col. Arnold, with the men he brought with him by the way of Kennebec, and Lamb's artillery com- pany, amounting to 560 men, through St. Roque's at the other end of the town. The general forced his way through the first piquet or barrier, without receiving a shot ; at the next, which if he had also forced, would have given him a free passage into the town, he was received with a heavy fire of musketry and 2 field pieces, which caused his troops to fall back in disorder. The general, while he was endeavouring to rally these dastardly scoun- drels, received his coup de grave, as did also his aid-de- camps, McPherson and Capt. Cheesman, of my regiment. Thus fell one worthy and brave general. Weep America, for thou hast lost one of thy most virtuous and bravest sons ! When the general was missing, though the surviving offi- cers exerted themselves to the utmost, they found it in vain to attempt bringing the men to a charge, which induc- ed Col. Campbell to bring them off. Col. Arnold, with his party, passed the St. Roque's and approached near a 2 gun battery, well piquetted in, without being discovered ; his men forced the piquets and carried the batterv, after an hour's resistance. In the attack the colonel was shot through the leg, and was obliged to be carried off after gaining the battery. His detachment pushed on to a se- cond barrier, running from Limeburner's wharf in the low- er town, which they possessed themselves of, where they now maintain themselves in the houses, without any pos- sibility of being supported ; so that they must either carry the lower town, be made prisoners, or be cut to pieces. " This, sir, is all the account we have hitherto received of this disastrous event. We are momently under the ut- most anxiety of mind, expecting to hear the fate of those brave men. God grant it may be happy. " Our misfortune is in a great measure owing to the anxiety some of the troops were under of returning home ; they having declared, (Arnold's men,) that they would re- main no longer than to the 1st of this month, for which time they were engaged, which obliged the general to pre cipitate matters and to change his intended mode of attack, which was to have attacked the upper and lower town at the same time, the main attack to be upon the upper, which it was impossible for him to effect at that juncture, from the notice the enemy had of his intention by deserters from us. This I trust will be a warning to America not to en- list men for any limited time, but for so long a time as they shall be wanted. No man, but one in the service, can be sensible how fatal this limitation of time is to all military operations. Before the soldiers can be in any way disci- plined, their time of service is expired, and as that ap- proaches they become mutinous and disobedient. I will venture to say, that unless a change takes place in this re- spect, America must fall a sacrifice to her enemies. With- out discipline, no obedience — without obedience, no duty — in short, discipline gives confidence, and is the very soul of an army. " Two months have now elapsed since we have had the least intelligence from the southward. Genl. Montgomery, before he set out for Quebec, acquainted the Continental Congress, and his friends in New-York, with our then miserable situation ; the troops in general going home — those who remained, naked and without clothing, and not 1 a farthing to pay them with. I myself at the general in- • stance, acquainted Col. McDougall with our weak state, and pressed him with all the rhetoric I was master of, to JOURNAL OF THE COMMITTEE OF SAFETY. 287 exert himself to the utmost, that we not only [should have] money sent us to pay the troops, but men to reinforce our different garrisons and augment the army. Our few English friends have been stripped of their money and goods to clothe the men and pay them their wages in part. French friends to assist us, we have none. The peasantry are in general at present for us, but I believe from no other motive than that we are the strongest side — some few may be at- tached to us from principle ; sure I am the majority are not, and would, on the least reverse, as soon take arms against as for us. We are now in a wretched plight — our excellent general dead and defeated — a great probability that the flower of his army is cut to pieces — our garrisons weak and feeble, not able to spare a man for the assistance of our friends — the soldiers mutinous, and with little disci- pline, not a sous to pay them with, which makes them so, and, shall I say it, no one capable to command them. For God's sake, sir, exert yourself; I have exaggerated no- thing ; let us have men and money, otherwise, by Hea- vens, Canada is lost. Cast about for a general to com- mand us ; he must be a military man of sound intellects and an affable deportment. Genl. Lee, in my opinion, is the man — I speak my sentiments freely — I mean to give no offence, nor to attack the character of any gentleman ; but what I say proceeds from a real regard for the welfare of my country. " I have more to write, but as the express is going off I am obliged to stop. Pray be so kind as to remember me to my father, and acquaint him that 1 continue in health ; desire him, if there is no probability of a peace, that he gives up my house. " I am, sir, with esteem, your humble servt. "RUDOLPHUS RITZEMA. " P. S. Though I have taken the liberty of addressing these lines to you, I shall be glad if you'd communicate it to our friends in Congress." A letter from Col. Ritzema, dated at Montreal on the 5th of January, was read and filed, and is in the words fol- lowing, to wit : " Montreal, 5th January, 1776. " Dear Sir — I acquainted you the 3rd inst. with the disastrous event at Quebec ; the fate of Arnold's detach- ment is determined, it was obliged to surrender at discre- tion ; thus the madness of one man has nearly ruined our cause in this country, to which our worthy general has fallen a sacrifice. For God's sake let us have men and money, and above all a general, that we may take the town before the enemy can come to its relief, and relieve our worthy brethren in it. " Pray be so kind as to inform Judge Livingston of the death of Genl. Montgomery ; he was shot through the head and both his thighs. Genl. Carlton buried him with mili- tary honours, as also McPherson and Cheesman. The ene- my has taken all the artillery we had before Quebec, and I am very apprehensive if they make a sortie that they will either cut to pieces or take prisoners the rest of the army there, it being impossible for us send them any assistance from hence ; if we should do it, we hazard all we have done the last summer ; the most that can be expected from us is to maintain our ground here, and keep a watchful eye towards the Canadians; this we are bent upon doing till succour arrives, be the consequence what it may to our- selves. Our garrison does not exceed 400 effective men, a small number to awe such a country as this. " I am, sir, with respect, " Your very humble servt. " RUDOLPHUS RITZEMA. "To Peter V. B. Livingston, Esqr. or in his absence, to the President of the Provincial Congress, New-York." A letter from John R. Livingston, dated 27th Jany. was read and filed, and is in the words following, to wit : " Claremont, 21th January, 1776. " Sir — Some time since I received a letter from Mr. Van Cortlandt, President of the Committee of Safety, dur- ing the recess of Congress, desiring that the powder mill might again be built, as it was in some measure of public utility ; I have accordingly pushed the building of it, and am now happy to inform you that it is finished, but am, notwithstanding, still obliged to be idle for want of salt- petre ; as there is a large quantity of that article arrived at Philadelphia, should think myself under obligations if you would procure a part of it to be sent across the country to the mill, which may easily be effected, as great part of the way they will have snow. " I remain, sir, your mo. obt. servt. " JOHN R. LIVINGSTON. " To the President of the Honble. the Provincial Congress, sitting at New-York." Ordered, That the Secretaries prepare a copy of the letter from John R. Livingston, relating to his powder mill, and transmit the same to the Delegates of this Colony at Congress. A letter from William Floyd, Esqr. one of the Dele- gates of this Colony at Congress, dated the 5th inst. was read and filed, and is in the words following, to wit : " Philadelphia, Febry. 5th, 1776. " Sir — I forwarded by Mr. Lynch and Mr. Allen a sum of money to the Honble. Committee of Safety, with a few lines advising what that money was intended for, and by your letter to us wherein you mention you would forward it to Genl. Schuyler, and the small sum to the marine com- mittee, I fear our letter must have been misunderstood, therefore I trouble you with this. The forty thousand dol- lars was for Mr. Lewis, from the marine committee ; the Si 2,500 dollars for the raising the battalion for Cannada ; and the small sum of 100 and some odd dollars were sent to Mr. Lewis to pay off some accounts charged against the rifle companies in passing through our Province. I hope it is not yet otherwise disposed of, if it is, it may impede Mr. Lewis's proceedings agreeable to his directions. " I am, with the greatest respect, sir, " Your mo. obt. hble. servant, " WILLIAM FLOYD. " To the Honble. Congress or Committee of Safety, N. York. " P. S. — If it is not sent off please deliver it to Mr. Lewis's son." A letter from Thos. Thomas, Esqr. chairman of a com- mittee at the White Plains, dated the 25th Jany. was read and filed, and is in the words following, to wit : " Committee Chamber, > " White Plains, 25th Jany. 1776. J " Sir — We received your favour of the 8th inst. respect- ing the powder sent for the use of the county, and observ- ed its contents. Are sensible of the propriety of our coun- ty's being furnished with that article, and beg that you in your wisdom would order that it be a Provincial charge, for we conceive it to be extremely hard, as we are a fron- tier county, that we should purchase ammunition and ex- pend it to the advantage of the Province in general ; as to disposing of it to individuals, many that will take an active part are not able to purchase it, and we will see that it be deposited into discreet hands, to be distributed when ne- cessary to be used in the defence of the liberties of the country. " I am, very respectfully, sir, " Your mo. obt. servant, " Signed by order of the committee, " THOS. THOMAS, Chairman." DIE VENERIS, 10 ho. a. m. Feb. 9th, 1776. The Committee met pursuant to adjournment. Present— Mr. Tredwell, Mr. M. Graham, Mr. Oothoudt, Col. Mc- Dougall, Mr. Sands, Col. Brasher. Col. McDougall informed the Committee that Genl. Lee is of opinion that the two Connecticut regiments and Lord •288 JOURNAL OF THE COMMITTEE OF SAFETY. Stirling's, will not be sufficient for the services he will have to perform ; and had desired to know whether it would be agreeable to the Committee that he should send to Pennsylvania for a regiment from thence. After some time spent in consideration thereof, Resolved, That if Genl. Lee shall think it necessary to call in the aid of any other troops than the two Connecti- cut regiments and Lord Stirling's regiment, that he be au- thorized, and in such case is hereby authorized, to call in as many of the minute men of this Colony as he shall at any time think necessary. Mr. Sands brought in an account of wood, and other necessaries of various kinds, supplied to the poor by him- self and Petrus Byvanck, Abrm. P. Lott, and others, under his direction, by order of this Committee of Safety, agree- able to a resolution of the Provincial Congress ; the said account being examined and approved of, amounts to £130 0s. 3d. Ordered, That Mr. John Ramsay pay to Comfort Sands £130 0s. 3d. out of the moneys put into his hands for em- ploying the necessitous poor of this city, and that Mr. Ramsay take Mr. Sands' receipt for the same. Ordered, That Peter T. Curtenius, as Commissary of the Provincial Congress of this Colony, purchase such a number of saws, and of such sizes and qualities as Col. McDougall shall direct, and that he have the same collect- ed at his store, for the use of Genl. Lee's troops, as soon as possible. A return of Robert Graham and John Thomas, Junr. two of the committee of Westchester county, was read and filed ; they thereby certify, that at an election for militia officers in Harrisson's precinct, in Westchester county, under their inspection, John Thomas, minor, was chosen captain; Gilbert Dusenbury, first lieutenant; Wm. Wood- ward, second lieutenant, and James Miller, Junr. ensign. Ordered, That commissions issue to those gentlemen immediately, and they were issued accordingly. A return of Michl. Hays, Elijah Miller and Andw. Snif- fen, three of the committee for North-Castle, in West- chester county, bearing date the 25th Jany. was read and filed. They thereby certify that they superintended an election for officers in the third company of North-Castle ; that upon such election Joseph Green was chosen captain and Henry Pears first lieutenant ; and they thereby re- quested that two blank commissions might be sent for the second lieutenant and ensign, as the second lieutenant, since the choice, declines serving. Ordered, That the said two commissions be issued and that two blank commissions be given to the said committee at North-Castle, for the second lieutenant and ensign of the third company of North-Castle. A letter from Lord Stirling, dated this day, was read and filed. He therein mentions that it serves to cover a let- ter from Saml. Tucker, Esqr. President of the Provincial Congress of New-Jersey, relating to the trade of that Colo- ny. The said letter from Saml. Tucker, Esqr. was also read and filed. A copy of sundry resolutions of the Provincial Congress of New-Jersy, therein enclosed, regulating the trade of the Colony of New-Jersey, agreeable to the resolutions of the Continental Congress, were also read and filed. DIE SABBATI, 10 ho. a. m. Feb. lOlh, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Mr. Tredwell, Mr. Sands, Mr. Oothoudt, Mr. M. Graham, Col. Brasher, Col. McDougall, a part of the morning. Present also several members of Congress, vizt : Genl. Woodhull, Col. G. Drake, Col. Van Rensselaer, Gilbt. Liv- ingston, Capt. Rutgers. A letter from Col. Robert Livingston, of manor Livings- ton, dated the 5th inst. was read and filed, and is in the words following, to wit : " Manor Livingiton, 5th February, 1776. " Sir — Your letter of the 25th ulto. did not come to hand before this morning, and I am now set down to answer it. " I intend, please God, my furnace shall begin her blast early in April ; sooner it will be inconvenient, for want of pasture, as I have but a month's stock now on the spot to work upon ; and can not cart ore or coal before the middle of May, for want of grass ; so that, should I begin sooner, it would be almost impossible to continue the blast ; con- sequently very detrimental to my interest. We have cast great quantities of shot for the army last war, but no great guns. This we can do ; but whether we can cast great guns, 1 dare not take upon myself to determine. The hearth of my furnace lays low ; fear there is not sufficient depth of earth between the surface and the bottom of the creek, if the guns are to be cast on one end. As I am en- tirely a stranger to the casting of ordnance, and desirous of assisting my country in any thing in my power, wish the gentlemen of the Committee of Safety, if they think it the interest of the community, to send up proper "and skill- ful men, who are acquainted and had experience in casting and moulding of guns, for I have none such, to examine my conveniences. If approved of, my furnace and slock shall be at their service on reasonable terms, for I know not how to fix a price ; my metal is good, perhaps the best in America. I can not be more particular at present, and am, respectfully, " Sir, your and the Committees, " Most humble servant, "ROBT. LIVINGSTON. " Mr. Joseph Hallett." A letter from Egbert Benson, Esqr. chairman of the committee of Dutches county, was read and filed, and is in the words following, to wit : " Sir — The committee of this precinct having been in- formed that Timothy Doughty, notwithstanding his pro- mise to the Congress, upon his dismission on the 20th October last, that he would demean himself in a peaceable and orderly manner, hath since declared his intentions to join the ministerial troops in the spring, and in other re- spects testified a disposition still inimical to the cause of liberty, have ordered him to be apprehended and confined, till the pleasure of the Congress shall be known. " Not only from the disaffection of the county, but as there will be an election at Poughkeepsie on Tuesday next, and a vast number of people necessarily assembled, we thought it prudent to commit him to the jail in Kings- ton. " I am directed to inform you of this matter, with a re- quest that you will please to lay it before the Congress, and acquaint them that we can furnish them with the most ample proofs against Mr. Doughty. " I remain, " By order of the Committee, " Your mo. obt. servant, "EGBERT BENSON, Chairman. " Rhinebeck precinct, Dutchess county, Jany. 29th, 1776." Benjamin Walker informed the Committee that Mr. Yates was informed that his ship was below ; that he, Mr. Walker, went down in a pilot boat, expecting it was Mr. Yates' ship ; that when the pilot boat came within a mile of the ship, they sent out a boat and pressed John Carleton to pilot the ship up ; that he, Benin. Walker, was present and knows that they did press him as a pilot ; that an officer on board informed him that they had 200 men on board and were part of 7,000 men from England, and had been nine weeks at sea. John Carleton examined, says, he frequently told the captain that there was not any person on board of his boat who could pilot the ship up ; but that they insisted on it JOURNAL OF THE COMMITTEE OF SAFETY. 289 and obliged him to go on board ; that Capt. Kennedy told him he was under the necessity to press him, and did press him to carry up the ship, and charged him on pain of death not to run her aground ; that between the banks they saw a wood boat ; that a jolly boat put off from her and rowed towards the ship and came within 20 yards ; that they then ordered men into the main tops and on deck ; that there- upon a pilot on board of the jolly boat, who said he had served his time with Fundran, was taken on board ; that near Staten island he got on board of his own boat ; that the ship Caty is from Boston ; that they said there were 200 men on board ; that he saw between 40 and 50 men, as he thinks ; that there were 8 or 9 officers on board ; that he told them Genl. Lee was in New-York, and that he supposed there were 6,000 forces there ; that he under- stood that ships in the whole had sailed with them ; that Capt. Kennedy told him that the night before he got down they had 40 men on deck, and some men in the main tops. Carlton had a certificate in the words following, to wit : " I, Capt. Kennedy, of the 44th regiment, commanding his Majesty's troops on board of the Kitty transport, do certify that I pressed and by force obliged the bearer, John Carleton, to pilot the above mentioned ship from Sandy Hook to New-York. Given under my hand on board the Kitty, Feb. 9th, 1776. "KENNEDY, Capt. Uth Regt. " We certify the above. " Lieut. Benson, > .. -^ „ g ^ „ " Lieut. John Campbell, 5 ° ' Thereupon a certificate was given to the said John Carle- ton in the words following, to wit : "In Committee or Safetj, > "New-York, Feb. 10th, 1776. $ " The case of John Carleton, as to his having piloted up the transport ship Caty, has, at his own request, been heard by this Committee, and Benjn. Walker, of the city of New- York, merchant, who went down with him in his boat, was examined as a witness. The Committee of Safety are of opinion that the said John Carleton was innocently brought into such a situation as to be necessarily obliged to pilot the transport ship Caty, with troops ; and from any evidence that has appeared to us, the said John Carleton ought not to be injured, or considered in a worse light or esteem by the public on that account." Col. Herd attended the Committee of Safety, and pro- duced the several obligations of Saml. Clowes, George Weeks, with their securities, and of Charles McEvers, for Gab. G. Ludlow, Esqr. inhabitants of Queens county, whose conduct has been conceived to be inimical to the liberties of the American Colonies, which were read and filed. Col. Herd also delivered in a certified extract from the minutes of Continental Congress, relating to sundry per- sons, inhabitants of Queens county, in the aforesaid predi- cament, which was read and filed, and is in the words fol- lowing, to wit : " In Congress, February 6th, 1776. " Resolved, That Captain Benjamin Whitehead, Joseph French, Esqr. John Polhemus, Nathl. Moor, Saml. Hallett, Wm. Weyman, John Shoals, John Willett, Gilbert Van Wyck, Esqr. Daniel Kissam, Esqr. Jacob Mott, Charles Hicks, Gabriel G. Ludlow, Saml. Martin, Samuel Clowes, Esqr. Thos. Smith, Esqr. George Weeks, David Brooks and John Townsend, be sent to New-York and delivered to the order of the Convention of that Colony, who are re- quested to confine or secure the said persons, until an in- quiry be had by the Convention into their conduct, and re- port thereof made to this Congress. " Extract from the minutes. " CHARLES THOMSON, Secy." Col. Herd earnestly requests the Committee of Safety, as the Provincial Congress is not convened, to give order as to the prisoners in his charge, so as that he may be dis- 73 charged of the care of those prisoners : And whereas Mr. Jacob Mott, one of those persons in custody of Col. Herd, having some time ago by his petition to this Committee, testified his contrition for his past conduct, and signed the general association of the inhabitants of this Colony, and engaged to demean himself consistent thereto, during the present struggles for the liberties of his country, and was thereupon restored by this Committee to his former stand- ing in the community : And whereas it does not appear that the said Jacob Mott has at any time since his restora- tion, acted or done any thing inconsistent with his engage- ments : Therefore, Ordered, That the said Jacob Mott be discharged by Col. Herd, on his first giving his promise parol to this Committee, to appear before the Provincial Congress of this Colony, or this Committee, when thereunto required. And, Ordered farther, That the other prisoners above named, except Gab. G. Ludlow, Saml. Clowes and Geo. Weeks, who are not in custody, be placed in any one house, or place in this city, altogether at their own expense, which they shall choose, and that they be there confined under a guard at their own expense, until the order of the Provin- cial Congress in the premises ; and that Col. Lasher be requested to furnish a sufficient guard to receive the said prisoners from Col. Herd, and to guard them until further order. And this Committee of Safety do hereby signify their high sense of the care and prudence of Col. Herd, in the execution of his duty as an officer. 4 ho. P. M. February 10th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Col. Brasher, Mr. Tredwell, Mr. Scott, Mr. Oothoudt, Mr. M. Gra- ham, Mr. Sands, Col. McDougall. Present also, Genl. Woodhull, Mr. Hobart, Col. G. Drake. Col. Gil. Drake informed the Committee that sundry persons from Connecticut, are purchasing up the barrelled beef and pork in Westchester. Thereupon the Committee came to the following reso- lution, to wit : Whereas the Continental Congress by their resolution of the first day of November last, have resolved that no produce of the United Colonies be exported except from Colony to Colony, under the directions of the committees of inspection and observation, and except from one part to the other of the same Colony, before the first day of March next, without the permission or order of the Continental Congress : And whereas this Committee of Safety for the Colony of New-York, conceives that it is necessary to prevent the sale of all the barrelled beef and pork in the county of Westchester, and retain the same for the Continental ser- vice in this Colony, as such provisions may be necessary for the Continental army in this Colony : Resolved, That the committee of the county of West- chester, be requested to take effectual means to prevent the sale and transportation of any barrelled beef or pork out of Westchester county, to any person or persons residing out of this Colony, or for the use of any person or persons residing out of this Colony, until the further order of the Provincial Congress, or of the Committee of Safety of this Colony. A draft of a letter to the committee of Westchester county, was read and approved of, and is in the words fol- lowing, to wit : " Gentlemen — We have been informed by a gentleman from your county, that some of the inhabitants of your county are disposing of their barrelled beef and pork, to persons out of the Colony. We apprehend that such pro- visions will be wanted for the use of the Continental army in this Colony, and that the service may possibly suffer if all the barrelled provisions are taken out of the Colony. 290 JOURNAL OF THE COMMITTEE OF SAFETY. We therefore request you to take the most effectual mea- sures to carry the enclosed resolution into execution. " We are, respectfully, gentlemen, " Your very humble servts. " By order of the Committee of Safety. " To the Committee of the County of Westchester." John Bridgwater, James Holden and Thomas Hyat, all of the city of New-York, inn-keepers, personally came and appeared before the Committee of Safety, and jointly and severally engaged for John Graham, now a prisoner at the upper barracks, in manner following : " That the said John Graham will demean himself peaceably, and be of good behaviour towards all the friends of liberty in Ame- rica ; and not to do any act, matter or thing, contrary to any measure directed by the Continental Congress, or the Provincial Congress, or Committee of Safely of this Colony, or any committee of any cily, town, precinct or district in this or any other of the United Colonies ; and on failure of the said John Graham, having complied with this engagement in any instance, that they the said John Bridg- water, James Holden and Thos. Hyat, will surrender the said John Graham a prisoner, to any guard directed by the Provincial Congress, or Committee of Safety of this Colony, or commander of the Continental army in this Co- lony, or in default thereof, severally bear, pay, sustain and suffer such pains and penalties as the said John Graham shall in such case be adjudged to bear, pay, sustain or suffer." Ordered, That the said John Graham, now a prisoner in the guard house, at the upper barracks, be discharged. The Committee of Safety took into consideration the state of Staten island, and the danger of the stock being taken off by the ministerial army and navy. After some time spent therein, Genl. Woodhull and Mr. Hobart who were present, were requested to confer with Genl. Lee on that matter. Genl. Woodhull and Mr. Hobart returned from Genl. Lee, and reported that Genl. Lee is of opinion that the stock on Staten island ought to be protected, but whether by driving them off, or placing a guard there, he cannot determine ; but that he is ready to give any aid in his power to carry into execution any measure thought necessary by this Committee. After considering farther of the state of Staten island, and the report of Brigr. Genl. Woodhull and Mr. Hobart, they are of opinion that the most prudent step is, to request the Provincial Congress of New-Jersey, to send Col. Herd's regiment of minute men to Staten island, to prevent depre- dations on the stock. Thereupon a draft of a letter to the Provincial Congress of New-Jersey, was read and approved of, and is in the words following, to wit : " In Committee of Safety, ) " New-York, Feb. 10th, 1776. $ " Sir — Upon communication with Maj. Genl. Lee, we are fully convinced that the live stock on Staten island should be immediately taken care of. The entrance of Genl. Clinton into our port on pretence of merely paying a visit to Govr. Tryon, though he has been followed by a transport with troops, which we have good reason to be- lieve are only a part of 600 that embarked with him at Boston, renders it highly probable that some lodgment of troops was intended to be made in or near this city. The precautions that have been taken to prevent the execution of such intentions, will, it is hoped, render it ineffectual. And it is now given out that the general intends to depart from us without loss of lime ; however, it must be most obviously improper to strip this city at present of any part of its defence. Col. Herd and his regiment are near at hand, to secure Staten island from depredations. We think his regiment will readily undertake that service ; and Genl. Lee thinks nothing less than a regiment will suffice. We therefore most earnestly request you, to furnish without delay, the assistance of that regiment to secure the live stock of that island from a depredation that may be at- tempted on Genl. Clinton's departure from this port, by guarding it on the island till we have opportunity to de- termine on the expediency of removing it, hereby declaring our readiness to be answerable in the first instance, for the expense of that service. " We are, respectfully, sir, " Your mo. obt. and very hble. servts. " By order of the Committee. " The Honble. Saml. Tdcker, Esqr. Prest. of the Provincial Congress, New-Jersey." Ordered, That a copy thereof be engrossed and signed by the chairman, and transmitted. It was suggested to the Committee that Genl. Lee will have occasion for the intrenching tools of this Colony for the use of his troops while employed here ; that it will be necessary for their preservation and the convenience of the army to have a person appointed to take care of the said intrenching tools, and the other military stores of the Co- lony ; and Richard Norwood being recommended for that purpose, Ordered, That Richard Norwood be, and he is hereby appointed a Commissary, to take the care and delivery out of all such military stores and implements of war, ex- cept cannon, in this city and county of New-York, as shall be from time to time committed to his care by order of this Committee or the Provincial Congress ; to make no issues without order of the said Congress or this Committee, or the commanding officer for the time being, of the Conti- nental troops in this Colony ; to take receipts for every is- sue ; to keep exact accounts of every receipt and issue, and to attend when and where necessary to receive back any stores that may be from time to time issued, and be returnable after service to the said Commissary, for the use of this Colony ; and that he be paid for his services in his said office, as long as he shall be continued in the same, at and after the rate of 18^ dollars per month. And it is further Ordered, That he receive all such military stores and implements of war as aforesaid into his care, as are now in the hands of Mr. Curtenius, exchanging proper vouchers with him in that case, and with all others in all other fu- ture cases of receipts and issues. Col. McDougall informed this Committee, that Major- Genl. Lee, on consulting his engineer, was of opinion, that the intrenching tools lately made in this Colony, are not sufficiently numerous for the service, and that Genl. Lee has requested him to inform the Committee that an addition of the following articles will be necessary, to wit : 600 pick axes, 300 hatchets, 500 hand barrows, 300 wheel barrows, 200 crow bars, (in such form as Capt. Smith, the engineer, shall direct,) 500 iron shod shovels, or others equally useful. Ordered, That Col. Peter T. Curtenius, as Commissary of the Provincial Congress of this Colony, do, with all pos- silbe despatch, procure the said intrenching tools and bar- rows for the use of the Continental army in this Colony. Whereas, the poor of this city are in great distress, and many of them unable to procure subsistence at this in- clement season, Ordered, That the sum of £200 be deposited in the hands of Mr. Wm. Vanderwater and Capt. Geo. Janeway, to be applied by them in purchasing barrelled beef and ship bread, to be delivered in bags ; turnips and potatoes, In- dian corn meal and oak wood, for and towards the support of such poor inhabitants of this city as may stand in need of assistance for their immediate subsistence. That when the said articles are purchased, Mr. Vanderwater and Capt. Janeway do convene the vestrymen of the several wards in this city, to the end that they together may proportion the quantity of the said articles so purchased, which the poor of each ward, from their circumstances, may require. And the said vestrymen, in their respective wards, are requested to assist Mr. Vanderbelt and Capt. Jeneway to dispose of the said articles to the poor inhabitants, in such proportion as to them shall appear to be necessary ; and that a copy JOURNAL OF THE COMMITTEE OF SAFETY. 291 of this order, certified by one of the Secretaries, be a suffi- cient order to Mr. Vanderwater and Capt. Jeneway, on Mr. John Ramsey, for the sum of £200, out of the moneys put into his hands by this Committee, for the employment and support of the industrious poor of this city ; and that Mr. Ramsey take the receipt of Mr. Vandewater and Capt. Je- neway for that sum. DIE SOLIS, 10 ho. a. m. Feb. llth, 1776. The Committee met pursuant to adjournment. Present — Col. McDougall, Mr. Sands, Col. Brasher, Mr. Tredwell, Mr. Scott, Mr. Oothoudt, Mr. M. Graham. Mr. Henry Oothoudt was unanimously chosen chairman pro tempore. This Committee observing that the cannon and military stores on and near the battery are now under removal to other parts of the city, and knowing that this transaction, both in its design and execution, is without the consent of this Committee, and even without their knowledge, other- wise than as discovered from the transaction itself; and as, perhaps, such removal may bring on a firing upon the city from the ships of war in this port, which may greatly en- danger the public records of this Colony, the Committee is fully of opinion that the public records ought to be im- mediately removed to a place of greater safety than that in which they now are : Therefore, Ordered, That the said public records of this Colony, together with Saml. Bayard, Junr. Esqr. the Deputy Secre- tary of this Colony, be forthwith conveyed, under a proper guard of the militia of the city of New-York, to the dwell- ing house of Nichs. Bayard, Esqr. alderman of the out ward of the said city, and be there securely kept under such guard, until the further order of the Provincial Congress of this Colony, or of this Committee of Safety. And the said guard are hereby expressly required to permit the said Saml. Bayard, Junr. Esqr. to have continual access to and the direction of the said records, except that he and every other person be prevented from removing them, or any of them, from the place where they are hereby ordered to be deposited, until the further order of the Provincial Congress or of this Committee. And Ordered, That Col. Lasher be requested to furnish a proper guard, and see this order executed. And Ordered further, That Col. Lasher fix on such officers and company of his regiment for this and any other duty that may be directed, as he shall think proper, and report the same to this Committee, the Committee hereby giving assurance that provision will be made for the pay and sub- sistence of such company equal to the Continental esta- blishment, while continued in service. 3 ho. P. M. February llth, 1776. The Committee met pursuant to adjournment. Present— Mr. Henry Othoudt, Chairman. Mr. Scott, Mr. Tredwell, Mr. M. Graham, Mr. Sands, Col. Brasher, Col. McDougall. A member of the Committee mentioned that Major-Genl. Lee had informed him that troops were expected in town very speedily, and requested that barracks or rooms should be provided for them. The Committee are of opinion that the placing of the troops in empty houses will be less inconvenience to the inhabitants than any other method. Thereupon, Ordered, That the following gentlemen, to wit : Victor Bicker, Francis Bassett, Nichs. Carmer, Isaac Marschalk, Anthony Abrams, Henry Roome, Jacobus Bogert, Francis Bassett, Petrus Byvanck, Evert Byvanck and John Elliot, be requested to pass through the several streets of the city, and make a list of the empty houses in this city, and re- port the same to this Committee as soon as possible. Sun- dry of those gentlemen being sent for, attended, and on request engaged to undertake that service ; they agreed to meet for that purpose to-morrow at 9 o'clock, and they are desired to take to their assistance any other prudent citi- zens whom they may think necessary and find willing to assist them. Col. Ritzema from Montreal, came to the Committee and gave information of the present state of Canada and the troops there. Col. Lott came to the Committee and informed that the Mercury, sloop of war, and the two transports which sailed with her, are anchored near Staten Island ; that he met several suspicious persons passing from Powle's Hook toward Killvankull ferry ; that he was informed by a person near Killvankull that he apprehended that the ship of war and transports will commit depredations on the stock there. The Committee are of opinion that the most effectual measure to prevent such depredations, is to [write to] the committee of Elizabeth Town to request them to send a parcel of men to protect the stock on Staten Island from depredations. " In Committee of Safety, ) "New-York, Feb. llth, 1776. $ " Gentlemen — The Mercury, ship of war, with two transports under her convoy, are departed from this city this afternoon, and we are well informed that they are an- chored near Staten island. •' We are apprehensive that they intend to commit de- predations on the stock on Staten island. We applied to the Provincial Congress of your Colony yesterday, re- questing that Col. Herd with some of his troops should be sent to the island for a few days, and sent that letter by Col. Herd. We are apprehensive that Col. Herd will come too late to prevent any attempt that may be made to take off the stock. We, therefore, earnestly request you, on receipt hereof, to despatch a part of your militia to such parts of the island where it is most likely any attempts of that kind may be made, to guard the island until the said vessels are gone off or Col. Herd can arrive to their relief. " If their design should be such as we suspect, they may perhaps be able to land about 200 men. " Please to inform Col. Herd of this intelligence, and your proceedings in the premises. " We are, respectfully, gentlemen, " Your mo. obt. hble. servts. " By order of the Committee. " To the Chairman and Members of the Committee, Elizabeth Town." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted by express. DIE LUN7E, 10 ho. a. m. Feby. 12th, 1776. The Committee met pursuant to adjournment. Present — Henry Oothoudt, Esqr. Chairman. Col. McDougall, Mr. Scott, Col. Brasher, Mr. Tredwell, Mr. Sands, Mr. M. Graham. An order from Major-Genl. Lee was read and filed, and is in the words following, to wit : " Head-Quarters, Feby. 12th, 1776. " Sir — You will give orders to the sentinels on the wharfs to suffer those who produce a pass from the Com- mittee of Safety to go on board the Governor's ship. " CHAS. LEE, Major-Genl. " To the Officer commanding the port guards." Mr. Nichs. Low came into the Committee and informed the Committee that he desires to go on lading the brig New-York. The Committee informed him that they think he may proceed to lade the said brigantine. Mr. Low also requested a permit to lade the schooner Polly, Wm. Mon- tanje, master, on account of Mr. Nichs. Governeur with flaxseed and lumber. Thereupon a permit was given him in the words following, to wit : \ JOURNAL OF THE COMMITTEE OF SAFETY. 292 " Mr. Nichs. Low is hereby permitted to lade the schooner Polly, Wm. Montanye, master, with flaxseed and lumber on account of Mr. Isaac Governeur." Col. Curtenius by request attended the Committee. He was directed, and is hereby requested and directed to have an exact inventory made of all the shirts, blankets, osna- burgs, bedding, linen and other stores, which now are, or were lately in a room at the lower barracks ; that he have those goods put in a secure store under his care ; and that he return an inventory thereof to this Committee. Col. Curtenius informed the Committee that Major-Genl. Lee had informed him that he has not any commissary for his guard, and has applied to him to supply the said guard with provisions. Ordered, That Col. Curtenius apply to Major-Genl. Lee for his order or directions what rations he will order for his guard ; and that Col. Curtenius supply the gene- ral's guard with provisions according to his order, and charge the same to Continental account. JOURNAL OF THE PROVINCIAL CONGRESS. DIE LUNjE, a. m. February 12th, 1776. The Congress met pursuant to their adjournment of the 22d day of December last. Present— Brigadier-Genl. Woodhull, President. Mr. Van Zandt, Mr. Ray, Mr. Helme, Capt. Rutgers, Mr. Bra- sher, Mr. Sands, Col. McDougall, Mr. Scott, Mr. Van Cort- landt — for Neto-York. Mr. Gansevoort, Col. Van Rensselaer, Mr. Oothoudt — For Albany. Col. Ten Brook, Mr. Livingston, Col. Graham — Dutches. Genl. Woodhull, Mr. Hobart, Mr. Wickham, Mr. Tredwell— I For Suffolk. Mr. Van Derbilt — Kings. Mr. Haring, Mr. Allison— Orange. Mr. Rhea, Mr. Lefever, Mr. Dewit — for Ulster. Mr. Moore, Mr. Wills — Tryon. Mr. Paulding, Col. G. Drake, Mr. Ward, Dr. Graham— West- chester. Mr. William Wills from Tryon county produced a cer- tificate from the committee of said county, dated the 25th of Novr. last, whereby it appears that Mr. Isaac Paris having for sufficient reasons resigned his seat as deputy for said county, Mr. William Wills of Harpersfield, was duly elected to represent said county, in the room of said Isaac Paris. Ordered, That Mr. Wills take his seat. Messrs. Matthew Rhea, Andries Lefever and Andries Dewit, Deputies for Ulster county ; Wm. Allison, for Orange county ; Henry Oothout, for Albany county ; Col. Petrus Ten Brook and Morris Graham, for Dutches coun- ty, not having appeared in Congress before, the creden- tials of those counties were respectively read. Ordered, That those gentlemen take their seats. P. M. February \2th, 1776. The Congress met pursuant to adjournment. Present — Genl. Woodhull, President. Col. McDougall, Col. Brasher, Mr. Scott, Mr. Sands, Mr. Van CorUandt, Mr. Ray, Capt. Rutgers— For New-York. Mr. Gansevoort. Col. Van Rensselaer, Mr. Oothout— for Albany. 74 Mr. Rhea, Mr. Lefever, Mr. Dewit — for Ulster. Mr. Van Derbilt — For Kings. Genl. Woodhull, Mr. Hobart, Mr. Wickham, Mr. L'hommedieu — for Suffolk. Mr. Paulding, Col. G. Drake, Mr. Ward, Dr. Graham, Col. Jos. Drake — For IVestchcstcr. Col. B. Tenbroock, Mr. G. Livingston, Major G. Livingston, Col. Graham — For Dutches. Mr. Haring, Mr. Allison— For Orange. Mr. Moore, Mr. Wills— for Tryon. A letter from the Honble. John Hancock, President of the Continental Congress, dated the 12th Jany. received by the Committee of Safety, and before entered on their minutes 24th day of Jany. last, was read. Resolves of Continental Congress of the 8th Jany. last, as formerly received and entered by the Committee of Safety, was read. A letter from the Honble. John Hancock, President of the 20th January last, entered on the minutes of the Committee of Safety on the 24th day of January last past, was read. The sundry resolutions of the Continental Congress of the 8th and 9th and 10th of January last, relating to the raising of troops for Continental service, were also read. The letters of the Committee of Safety of the 11th and 17th of January last to Genl. Schuyler, were read. The letter of Genl. Schuyler to the Committee of Safety of the 25th Jany. was read. A letter from Genl. Schuyler dated the 6th Feb. inst. was read and filed, and is in the words following, to wit : " Albany, 6th Febry. 1776. " Sir — The Continental Congress having ordered one regiment to be raised in this Province to go into Canada, I requested of that respectable body to know if the compa- nies that I ordered to be raised for garrisoning Crown Point, Ticonderoga, Fort-George, &c. were to be consi- dered as part of them. You will probably receive direc- tions on this head, and that no delay may be made in the arrangement of the officers to the regiment, I do myself the honour to enclose you the names of such as I gave re- cruiting orders to. If Major Gansevoort should be pro- vided for, or Col. Yates promoted, and if Capt. Curtis had 294 JOURNAL OF THE PROVINCIAL CONGRESS. the majority given him, I believe it would tend to fill up the regiment with much expedition, as he has great influ- ence in the part of the country where he resides, which is about Canaan. " I am, sir, your most humble servt. " PH. SCHUYLER. " The President of the New- York Congress." A return or list of persons who have had warrants from General Schuyler, and therein enclosed, was also read and filed, and is in the words following, to wit : "A return of the names of persons to whom enlisting orders have been delivered by Major General Philip Schuyler. 1775, Nov. 16 To Capt. Eleazer Curtis, an old Capt. in Col. Hin- raan's regiment, now with his company at Fort- George. " " To Capt. Danl. Mills. " 27. To Capt. Joseph McCracken. " 30. To Capt. Elias Hasbrouck. " " To Capt. Andrew Billings. 1st. Lieutenants. " 27. To Lieut. Martin. " " To Lieut. Barnes. Nov. 28. To Lieut. Anthony Welph. 1776, Jany. 8. To Mr. Ebenezer Hill. " 27. To Lieut. Chas. Graham. 2nd. Lieutenants. 1775, Nov. 24. To Serjeant Cook. Dec. 2. To Mr. Van Veghten, 1776, Jany. 8. To Mr. James Clark. " " To Mr. Wm. Moulton. Ensign. 1776, Jany. 8. To Mr. Luther Bessel." A letter from Elihu Marvin, Esqr. chairman of the com- mittee of Orange county, dated Oxford, Feb. 9th, 1776, was read and filed, and is in the words following, to wit : " Oxford, February 9th, 1776. " Gentlemen — In consequence of your letter of 26th ulto. I convened our county committee on Tuesday the 6th inst. and laid the matter before them relative to the raising of men for the defence of this Colony. The same being taken into consideration, the committee are unanimously of opinion that there can be three companies raised in this county, vizt. two on the north and one on the south side of the mountains, and have nominated the following persons for officers to raise the two companies on the north side, to wit, in Goshen regiment, Danl. Denton, capt.; Belthazer Dehart, 1st lieut.; George H. Jackson, 2d lieut.; and Sa- muel Carpenter, ensign. In Cornwall regiment, Seth Mar- vin, capt.; James Little, 1st lieut.; Nathan Strong, 2d lieut.; and Stephen Halsey, ensign. But at the same time the committee think it will be out of their power to arm any considerable part of the men they raise, on account of the quantity they furnished last year, none of which have been returned, and must therefore leave that matter with the Congress. They are also of opinion that it would be of bad consequence to nominate more than one set of officers to each company, and have therefore declined it. " The ensign of Capt. Raymond's company having moved out of this county, the company have regularly elect- ed Vincent Helme to that office, for whom a commission is requested to be made out and sent up as soon as possible. " If the Congress could furnish each recruiting captain with the terms upon which men are to enlist, willi regard to time, pay and clothing, the committee are of opinion it would tend to facilitate the raising the companies now to be filled. " I am, gentlemen, your very hble. servt. "ELIHU MARVIN, Chairman. " To Pierre Van Cortlandt, Esqr. Chairman of the Committee of Safety now sitting in New- York, or in his absence to the Chairman pro tempore." Mr. Scott them moved, and was seconded, in the words following, to wit : Mr. President, I move that a committee be appointed im- mediately, to take into consideration those matters which the Continental Congress have recommended for execution to this Congress, or the Committee of Safety, in relation to the ensuing campaign, and that to this end they have power to send for all the papers which have reference to that subject, whether in the hands of this Congress or the Committee of Safety ; and that the said committee to be appointed for the purpose aforesaid, do make report upon each respec- tive branch of the subject to be committed to their consi- deration, with all possible speed. The same being unani- mously agreed to. Ordered, That Mr. Hobart, Mr. Gilbert Livingston and Mr. Gansevort, be a committee for that purpose, and that they make report with all convenient speed. A member suggested that the time in which Robert Boyd was to have completed his contract for arms, is nearly ex- pired ; that he has as yet delivered a very few musket bar- rels, &c. agreeable to his contract. Ordered, That a letter be written to the said Robert Boyd, directing him to send down all the gun barrels he has made, and desiring him to inform the Congress when he can complete his contract. Watkeys, the gunsmith, was sent for, and charged to finish the gun barrels now in his custody ; he says lie can finish them in seven days ; he is charged to finish them in ten days at all events. A draft of a letter to Robert Boyd, on the subject of arms, was read and filed, and is in the words following, to wit : " In Provincial Congress, ) "New-York, Feb. 12th, 1776. J " Sir — It is now a considerable time since we have had any intelligence from you respecting the completing the contract made with you by the last Congress. The sea- son is near when we shall want all the arms that can be procured ; we therefore desire that you advise us, without delay, how many barrels and bayonets, and steel ramrods, you have made, and to send down steel ramrods for the barrels sent down last autumn ; and as the time in which the arms were to be made is now expired, we wish to be advised whether you mean to go on in making arms upon the strength of that contract, and if you do, to inform us what number you can complete before the first day of April. " We are, sir, your very humble servants, " By order. " To Mr. Robert Boyd, New- Windsor." Ordered, That a copy thereof be engrossed, and signed by the President and transmitted. Ordered, That Col. McDougall, Col. Brasher and John Van Cortlandt, Esqr. be a committee to wait on Major- Gen]. Lee, and inform him that the Provincial Congress is now formed ; that if he has any thing relative to the public service or safety, to propose, they are ready to take the same into consideration, and that they are ready to give him any necessary aid in the public service. A petition of John Willett and 14 other persons, inha- bitants of Queens county, now prisoners under a guard in the city of New-York, was read and filed, and is in the words following, to wit : " To the Honble. the Provincial Congress for the Colony of Neio-York, convened in the city of New-York : " The petition of the subscribers, inhabitants of Queens county, on Nassau island, humbly shewelh ; that your pe- titioners have been obliged to attend the Honble. the Con- tinental Congress at Philadelphia, in obedience to an order from that body, as verbally delivered by Col. Herd ; that they have been at great expense in their journey to and from Philadelphia, and are now confined in this city at their own expense, and denied the pleasure of visiting their families ; that when they left their several homes to attend the Honble. the Continental Congress, they were admitted to go and return to this Congress on parol of honour ; that they are ready and willing to pledge their honours to ob- serve such orders as this honourable body shall direct, re- specting their appearance, provided they are admitted to go at large, or if bail should be required, they are ready and willing to give such reasonable security as to this ho- JOURNAL OF THE PROVINCIAL CONGRESS. 295 nourable body shall seem meet, for their appearance when- ever required. The petitioners therefore humbly pray that this honourable body will give them such relief in the pre- mises as to them shall seem meet ; and the petitioners shall ever pray, &c. " John Willett, John Townsend, " Ben. Whitehead, Joseph French, " Thos. Smith, Chas. Hicks, "Danl. Kissam, Saml. Hallett, " Gilbert Van Wyck, Jno. Shoals, "Nathl. Moore, David Brooks, " John Polhemus, Saml. Martin. " Wm. Weynman, " New-York, 12th Feby. 1776." After reading the said petition and prayer thereof, Mr. Scott moved, and was seconded, that the prayer thereof be granted. Debates arose upon the said motion, and the question being put thereon, it was carried in the negative by a great majority. Mr. Van Derbilt requested a permit to complete the lad- ing of the brigantine Defiance, John Waldron master. Thereupon an order was made, in the words following, to wit : Mr. John Van Derbilt is hereby permitted to complete the lading of the brigantine Defiance, whereof John Waldron is master. DIE MARTIS, 10 ho. a. m. Feby. 13th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Gent. Woodhull, Prest. Col. McDougall, Mr. Sands, Mr. Ray, Col. Brasher, Capt. Rutgers, Mr. Roosevelt, Mr. Beekman, Mr. Scott— New-York. Col. Van Rensselaer, Mr. Oothoudt, Mr. Gansevoort — Albany. Mr. Lefever, Mr. Dewit, Mr. Rhea— Ulster. Mr. Moore, Mr. Wills— Tryon. Genl. Woodhull, Mr. L'hommedieu, Mr. Hohart, Mr. Wickham.— Suffolk. Mr. Haring, Mr. Allison— Orange. Mr. Van Derbilt, Mr. Lefferts— Kings. Col. P. Ten Brook, Major Livingston, Mr. G. Livingston, Col. M. Graham— Dutches. Col. Jos. Drake, Col. G. Drake, Dr. Graham, Mr. Ward— Westchester. A certified extract of the proceedings of the committee of Ulster county, dated Nevv-Paltz, 19th Jany. 1776, and signed by I. Bruyn, chairman, whereby the said commit- tee do recommend for field officers in the northern regi- ment in said county, Mr. Abm. Haasbroek for colonel, Jo- hans. Snyder lieut. colonel, Jonathan Elmendorf and Adrian Wynkoop majors, Abrm. A. Haasbroek adjutant, and John Van Duersen, Junr. for quarter-master, was read and filed. Ordered, That commissions be issued for the above officers immediately. A letter from Severyn T. Bruyn, dated Ulster county, Bruynswick, Feb. 5th, 1776, was read and filed, and is in the words following, to wit : " Ulster county, Bruynswick, Feby. 5th, 1776. " Gentlemen — I herewith return to your honours a commission which was handed to me, to be adjutant of the regiment of minute men, of the southern part of the coun- ty of Ulster, of which Thos. Palmer, Esqr. is colonel ; whereof I must acquaint your honours, I can not in justice to myself accept, as I was informed, some time last fall, I was recommended to your House (by two of the Deputies of this county then in Congress) to be first major of a re- giment of minute men, of which Geo. Clinton, Esqr. was to be colonel, which was resolved on and entered in your minutes, which proceedings were communicated to me, and I accepted to serve my country in that capacity, which was made public at sundry meetings of officers, and parti- cularly at a meeting of the field officers of this county, for the choosing or nominating a brigadier-general, where I was desired to meet, and accordingly did, and gave my vote as a major. And now to be tossed out, and put into a lower commission, I can not accept thereof, without de- grading myself to the lowest degree. However, I still can serve the country as a private, and not be dependent for my living on a commission. " I am, gentlemen, " Your mo. hble. servant, "SEVERYN T. BRUYN. " To the Honble. the Provincial Congress of New- York." Ordered, That the letter from S. T. Bruyn be referred to the members of Ulster county, and that they make re- port with all convenient speed. A letter from the committee of Marble Town, dated Jany. 29th, signed by Levi Pawling, chairman, was read and filed, and is in the words following, to wit : " Gentlemen — We, the committee of the township of Marble Town, are under the disagreeable necessity of troubling your honourable body, though, as it is the first of the kind, we expect to be excused. " The matter we have to lay before your honourable board is, that in compliance to a resolve, passed bv the ho- nourable Provincial Congress, the 22d of August last, there was an election for choosing of officers in the com- pany of the southwest district of said town, and the follow- ing persons was chose by a very great majority, vizt : Corns. E. Wynkoop, captain ; Charles W. Brodhead, first lieutenant ; Moses M. Contine, second lieutenant, and Ja- cob Chambers, ensign ; which your honourable board has been pleased to commission. These gentlemen officiated, each in their respective ranks, with great satisfaction, as far as we know, until it pleased your honourable body to promote Capt. Wynkoop to a major in Col. De Witt's re- giment of minute men ; after which there was a day ap- pointed, agreeable to said resolve, for filling up the vacan- cy by the company's choice, when John Hasbrouck, a per- son not belonging to the company, nor even to the regi- ment, sot up, or intended to set up, for captain of said company, which caused a great deal of confusion. " We therefore pray that we may be informed, as soon as possible, whether it is the opinion of your honourable body, that a captain should be chose, or that the first lieu- tenant should be promoted, and the other subalterns rise in rank, and then an ensign to be chosen, which we think is the most natural construction to be laid on the resisted resolve ; and if a procedure of that kind can not take place, your honours may be assured that Mr. Brodhead will re- sign, and then a new election must ensue, and in course more troubles of that kind ensue ; but at the same time we are willing to comply with such directions as we may re- ceive from your honourable body. " We are, gentlemen, "Your honours' very hble. servts. "Signed, bv order of the Committee, "LEVI PAWLING, Chairman. " Marble Town, Jany. 29th, 1776. " To the Honble. Provincial Congress in New- York." The petition of John Haasbroek and others, dated at Marbletown, January the 30th, 1776, was read and filed; they therein remonstrate against the committee of said town, in denying them the privilege of electing a captain in the place of Cornelius E. Wynkoop promoted to a majority. Ordered, That the letter from the committee of Marble Town, as also the petition of John Haasbroek and others, be referred to the members of Orange and Dutches, and that they make report with all convenient speed. Col. McDougall, from the committee appointed to wait on Genl. Lee, reported that they had waited on Genl. Lee and delivered him the Congress's message of yesterday, and that the general was pleased to answer, that he thank- ed the Congress for their politeness, and would avail him- self of the tender of their services, as circumstances shall make it necessary. As the following gentlemen (being among the number of Deputies chosen to represent the city and county of New- 296 JOURNAL OF THE PROVINCIAL CONGRESS. York, in this Congress,) have not taken their seats, to wit: Peter Van Brugh Livingston, Benjamin Kissam, John Morton, Gabriel W. Ludlow, Isaac Sears, Cornelius Clop- per and Theodorus Van Wyck ; and as it is necessary for the public service that the representation of the city and county of New-York be complete ; it is, therefore, Ordered, That the general committee of the city and county of New-York be directed to cause, by election of the inhabitants entitled to vote, a return to be made of seven Deputies to serve in this Congress, with the other Deputies of the said city and county in the room of the above mentioned persons who have not taken their seats, and that the said return be made on or before the 20th inst. Ordered, further, That such members who have taken their seats in Congress be requested to give their atten- dance. Mr. Mayor, of the city of New- York, attending, was requested to come into Congress ; he informed the Con- gress that the passage to His Excellency Govr. Tryon's ship is impeded by sentinels ; that His Majesty's Council, and some of the magistrates of this city, may have occa- sion to wait on His Excellency : Therefore, Ordered, That the Honble. Cadwallader Colden, Lieut. Govr. and the Honble. Danl. Horsmanden, Oliver DeLan- cey, Chas. Ward Apthorpe, William Smith, Hugh Wal- lace, William Axtell and John Harris Cruger, Esqrs. of His Majesty's Council for this Colony, the Worshipful White- head Hicks, Esqr. Mayor of the city of New-York, and Saml. Bayard, Junr. Esqr. Deputy Secretary, and Deputy Clerk of the Council, or any of his stated clerks, who may by his order attend the Council of this Colony, and each and every of them, be permitted to go on board of His Ex- cellency's ship, until the further order or direction of this Congress or the Committee of Safety, and that a copy hereof, delivered to the officer of the port guard, be a suf- ficient pass for each and every of the aforesaid public offi- cers, without any other pass or copy hereof in the custody of either of those gentlemen ; and Ordered, That the copy hereof delivered to the officer of the port guard, be delivered over to each successive of- ficer of the port guard. A letter from Saml. Bayard, Junr. Esqr. Deputy Secre- tary of this Colony, was again read ; he therein mentions his inclination to have it in his power to use any recrea- tion, on his engagement not to quit the records ; and Mr. John McKesson informed Congress that His Majesty's Council is to set to-morrow, and that the attendance of Saml. Bayard, Junr. Esqr. as Clerk of the Council, may be necessary : Therefore, Ordered, That Saml. Bayard, Junr. Esqr. the Deputy Secretary of this Colony, be permitted to come to the city of New-York, or to depart from the house of Nichs. Ba- yard, Esqr. at any time he shall think proper, on his leav- ing one of his slated clerks there during his absence on every such occasion. On request of Mr. Gansevoort, Col. Van Rensselaer and Major R. G. Livingston are added to the committee ap- pointed yesterday to take into consideration the matters which the Continental Congress have recommended for execution to this Congress or the Committee of Safety. Col. Jos. Drake applied for some blank commissions for officers of militia in Westchester county. Ordered, That the Secretaries send to the committee of Westchester county, by Col. Jos. Drake, such blank com- missions, signed by the President of this Congress, as they have here in the Congress Chamber. Thereupon three blank commissions, (which are all the Secretaries had here,) were delivered to Col. Jos. Drake, to be delivered to the chairman of the committee of West- chester county, to be filled up. A letter from Isaac Thompson, chairman of the. com- mittee of Islip, in Suffolk county, bearing date the 9th inst. was read and filed, and is in the words following, to wit: " Sir — There never has been a militia company formed in this precinct ; but they that bore arms in the east part of this precinct have been in the Smith Town company, and thos^ of the west part of this precinct have been under a Huntington captain, which has been disagreeable to the greatest part of the people of this precinct, and it has been the cause of uneasiness amongst us. We informed Col. Potter of what we were going to do before we proceeded to form a company ; the colonel said the company would not be so large as he should choose, but if it would unite the people, and if they did proceed to choose their officers, &c. that he would order the names of those of the east part of this precinct to be taken out of the list at Smith Town. The way thus being laid open, the people of this precinct assembled together, and in our presence proceeded to the choice of their officers. They unanimously chose Benajah Strong for their captain, Jeremiah Terry for their 1st lieu- tenant, Saml. Oakley for their 2d lieutenant and Annen Mobroy for their ensign. " The above named persons have signed the association. We desire that commissions may be granted to the above named persons, as we believe it will lend very much to unite the people in this precinct. " Signed by order of the committee of Islip, "ISAAC THOMSON, Chairman. " Islip, in Suffolk county, Feby. 9th, A. D. 1776. " To the President of the Provincial Congress, at New- York. " P. S. There are about 36 to 37 that would belong to this company. " ISAAC THOMSON." The Congress took the same into consideration, and thereupon, Ordered, That the inhabitants of Islip be formed into a militia company agreeable to their request, and that com- missions issue to the following gentlemen, to wit : Bena- jah Strong, capt., Jeremiah Terry, 1st lieut., Samuel Oak- ley, 2d lieut., Annen Mobrey, ensign, agreeable to the election of the company and the return of the committee. A letter from the committee of Tryon county, bearing date the 1 1th January last, and requesting the loan of £500 for their county, payable to Mr. John Moore, one of their Deputies, was read and filed, and is in the words following, to wit : " Tryon County, J " Committee Chamber, January 11th, 1776. \ " Honble. Gentlemen — We took into mature con- sideration the defraying of our committee expenses for se- veral services of scouting parties, guards and other neces- sary duties performed upon orders of our board since 27th Augt. 1774, to this day ; and as it is to be feared that if in case we should levy such wanting money in a tax from our constituents, our association would be hurt, or entirely bro- ken ; therefore it is resolved by our board, that such sum of money as is wanted for that purpose, might be drawn out of the Provincial Treasury in New- York, and to charge the same to this board until a future time, in order of which we apply to you with the humble request for your kind assistance in granting such reasonable desire ; and re- lying thereon, we do hereby appoint and authorize our De- legate, Mr. John Moore, to receive out of the fund above mentioned, the sum of £500, to the use of defraying such necessary payments already due, on account and charge of our board as aforesaid. " Your favourable compliance will, in particular, oblige, who are, esteemfully, " Honourable gentlemen, " Your obt. humble servants, " By order of the committee, "ISAAC PARIS, Chairman. " Attest. " John Eisenlord, Clk. " To the Honble. Congress, New-York." JOURNAL OF THE PROVINCIAL CONGRESS. 297 The Congress took the same into consideration, and af- ter some time spent therein, Ordered, That the same be deferred for farther conside- ration, on the arrival of the accounts of Tryon county com- mittee, which are speedily expected. A letter from David Pye, Esqr. chairman of a commit- tee on the south side of the mountains in Orange county, recommending sundry gentlemen for officers in the troops to be raised in this Colony, was read and filed, and is in the words following, to wit : " In County Committee, south side of the mountains, i " in the county of Orange, > " Feb. 10th, 1776. ) " In pursuance of a resolution of the Continental Con- gress, and a recommendation of the Committee of Safety of New-York, now before us, we do recommend the un- dernamed persons for officers for two companies to be raised in this part of the said county, upon probability that they will be completed, vizt : Amos Hutchings, capt., Pat- tan Jackson, 1st lieut., Robert Wood, 2nd lieut., Geo. Johnson, ensign, nominated for officers for one company for the Continental service. Arie King, capt., Wm. Sicher, 1st lieut., John D. Coe, 2nd lieut., Peter Oblenus, ensign, nomi- nated for officers for one company for the Continental ser- vice. " Gentlemen — The above nomination, if accepted by the Congress, the persons concerned request to know when they must commence, and what clothing is to be allowed, and what will be allowed for sufficient arms, which may amount to one-third the number of men. " We are, gentlemen, " Your humble servants, " By order, " DAVID PYE, Dep. Chairman. * To the President of the Provincial Congress, New-York. " The bearer hereof, Amos Hutchings, will wait your answer hereunto ;, pray use the utmost despatch." A letter from John W. Watkins, offering his services to his country, and requesting a commission, was read and filed. Ordered, That the two last mentioned letters be referred to the committee appointed to take into consideration the matters recommended from Continental Congress, to be carried into execution. Mr. Isaac Marschalk, from the gentlemen requested by the Committee of Safety, delivered in a list of empty or uninhabited houses in this city. Die Martis, 3 ho. P. M. February \3th, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, President. Mr. Ray, Mr. Sands, Capt. Rutgers, Mr. Roosevelt, Mr. Scott, Mr. Van Cortlandt, Mr. Beekman — For New-York. Mr. Leffertse — Kings. Mr. Oothout, Mr. Gansevoort, Col. Van Rensselaer — For Albany. Dr. Graham, Col. G. Drake, Mr. Ward, Col. L. Graham— West- chester. Genl. Woodhull, Mr. L'hommedieu, Mr. Wickham, Mr. Hobart— For Suffolk. Col. M. Graham, Col. Ten Brook, Mr. G. Livingston — Dutches. Mr. Rhea, Mr. Lefever, Mr. De Witt— For Ulster. Mr. Allison, Mr. Haring — Orange. Mr. Moore, Mr. Wills — Tryon. Mr. Scott informed the Congress that Dr. Middleton in- formed him that Govr. Tryon is indisposed, and that it is necessary that Dr. Middleton, as his physician, should go on board. Thereupon a permit was given to Dr. Middle- ton in the words following, to wit : "Dr. Middleton is hereby permitted to go on board of His Excellency's ship, the Dutches of Gordon. " By order. " To the Officer of the port-guard." Doctor John Williams, of Charlotte county, appeared in Congress, and produced his credentials, which were read 75 and filed, and are in the words and figures following, to wit : " At a general meeting held in White-Creek, Jany. 25th, 1776, it was unanimously agreed that Dr. John Williams and Mr. Alexr. Campbell, should represent the county of Charlotte in Provincial Congress, till the 2d Tuesday in May next. " Bv order of this meeting. " "ALEXR. WEBSTER, Clerk." A letter from Egbert Benson. Esqr. chairman of the committee of Dutches county bearing date the 8th inst. was read and filed, and is in the words following, to wit : " Dutches County Committee, Feby. 8lh, 1776. " Gentlemen — In compliance with a letter from the Committee of Safety, 26th ulto. this committee proceeded to deliberate on every part of your directions respecting the 4 regiments to be raised and in Continental pay, for the de- fence of this Colony, and are of opinion that (notwithstand- ing there are now in this county six recruiting officers, in the service of the Continent, vizt. Captains Billings, Rose- krams and Graham, and Lieuts. Burton and Doty, and En- sign Johnson,) we shall be able to complete three compa- nies. Accordingly we have, with ihe utmost caution and circumspection, recommended the following gentlemen, in the different precincts, as proper officers for this most es- sential service, vizt : " William Barker, capt. ; John Lloyd, 1st lieut. ; Nathl. Meade, 2d do. ; John Punderson, ensign. Abraham Swart- wout, capt. ; John Durling, 1st lieut. ; Eli Pierson, 2d do.; George Brooks, ensign. Nathan Pearce, Junr. capt. ; Joshua Barnum, 1st lieut. ; Josiah Crosby, 2d do. ; Thos. Ostrander, ensign. At the same time we could wish to have complied more particularly with the tenor of your di- rections, respecting the advice of our Deputies, which we would most readily have done, had we had the opportunity of procuring their attendance. The latter part of your re- spectable favour directs us to nominate two gentlemen for each office, that you may have an opportunity of choosing the one you shall think best qualified. In this particular instance we beg leave to observe that the inconveniences to us appear insurmountable, and therefore have thought proper to desist from the mode. " We remain your very humble servts. " By order of the committee, "EGBERT BENSON, Chairman." "To the Provincial Congress of the Colony of New- York." Ordered, That the said letter be referred to the com- mittee to whom the other letters recommending officers are referred to. Col. McDougall and Col. Brasher, who by order of the Congress had gone to wait on Genl. Lee, to request a change in the mode of his order to the officer of the port guard, returned and reported that Genl. Lee had given a new order to the officer of the port guard with respect to persons permitted to go on board His Excellency's ship, the Dutchess of Gordon. The said order being read, was in the words following, to wit : " New-York, Feby- 13th, 1776. .„ " Sir — You will give orders to the sentinels posted on the wharfs to permit all persons who have leave or liberty from the Provincial Congress or the Committee of Safety, to pass on board the ship where Mr. Tryon resides. " CHAS. LEE, Major-General. " To the Commanding Officer of the port guard." Ordered, That Major-Genl. Lee's said order, and a cer- tified copy of the permit or order of this Congress of this morning, that His Majesty's Council of this Colony, the Mayor of this city and the Deputy Secretaries of the Co- lony, be permitted to go on board His Excellency's ship, be delivered to the officer of the port guard by one of the Secretaries. 298 JOURNAL OF THE PROVINCIAL CONGRESS. Some accounts for billeting a part of Major-Genl. Lee's guards, were produced and read. Thereupon, Ordered, That all accounts contracted by Major-Genl. Lee, for the Continental service, be audited for payment by Col. McDougall, and being so audited that they be paid by Col. Peter T. Curtenius until a proper person is appointed for that purpose by the Continental Congress. DIE MERCURII, 10 ho. a. m. Feb. Uth, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, Prest. Mr. Beekman, Mr. Sands, Capt. Rutgers, Mr. Helme, Co). McDou- gall, Mr. Roosevelt, Col. Brasher — For New-York. Mr. Covenhoven, Mr. Leffertse — Kings. Mr. Abm. Yates, Col. Nichols. Mr. Oothout, Col. Van Rensselaer, Mr. Gansevort — For Jllbany. Mr. Haring, Mr. Allison — Orange. Mr. Moore, Mr. Wills— Tryon. Genl. Woodhull, Mr. Wickham, Mr. L'hommedieu, Mr. Hobart — For Suffolk. Col. M. Graham, Col. P. Ten Brook, Majr. R. G.Livingston, Mr. G. Livingston — Dutches. Mr. Lefever, Mr. Dewitt, Mr. Rhea— For Ulster. Col. L. Graham, Mr. Ward, Col. G. Drake, Dr. Graham— West- chester. Dr. Williams— For Charlotte. The Congress considering that the writs for electing Representatives in this Colony are returnable this day, and that the General Assembly may have occasion to meet in the Chamber : Ordered, That Messrs. Roosevelt and Abm. Yates, re- quest of the mayor of this city the use of the common council room for the Congress. Messrs. Murray, Sansom & Co. sent in a request by Mr. Robert Murray, for leave to send provisions and cer- tain other articles in their request mentioned, on board of the ship, Dutches of Gordon. The Congress consented that part of the said provisions be sent on board, together with the other articles. There- upon, Ordered, That Messrs. Murray, Sansom & Co. be per- mitted to put on board of the ship, Dutches of Gordon, 5 barrels pork, 5 barrels beef, 1 box candles, 1 coil of 3 inch rope, some blocks, 1 bolt of canvass, No. 1, and 2 cords of firewood, for the use of the said ship and her crew. A letter from Abraham Godwin, dated yesterday, offer- ing his services to his country as a captain, and alleging that he had enlisted the best part of his company, was read and filed. Ordered, That it be referred with the other letters on that subject. The petition of John De Went, of Orange Town, in the county of Orange, praying leave to export provisions to the island of St. Thomas in the Danish West Indies, was read and filed. Ordered, That the said petition be rejected. A petition of Guert Spt. De Wint, Esqr. was read. He thereby requests leave to export a large quantity of pro- visions and lumber for the use of his estate in the island of St. Thomas in the Danish West Indies ; likewise leave to export his household furniture, horses and carriages and his family, and a generous supply of all the good things of this country, for the use of himself and family at sea. Ordered, That that part of the petition of Guert Spt. Dewint, Esqr. which relates to removal of his family, horses, carriages and household furniture, and a necessary supply of provisions only for their use at sea, be referred to the general committee of the city and county of New- York, and that all the other part of the said petition be rejected. A letter from Major-Genl. Lee, submitting to the Con- gress the case of Jean Baptiste D'Gas, and the establish- ment of a company of artificers, &c. was read and filed, and is in the words following, to wit : "New-York, February Ulh, 1776. w Sir — Enclosed I take the liberty of sending the case of Jean Baptiste DeGas, a Canadian, submitting to the consideration of the Provincial Congress, whether it would not be proper to furnish him with a necessary sum of mo- ney to enable him to proceed to Mr. Hancock to whom he has been recommended. " Sir, as in all probability a considerable body of troops will be stationed in this city and its environs during the present contest, I would take the liberty to propose to the Congress the establishment of a corps of artificers ; such an establishment is not only necessary for the different mi- litary works, but I apprehend it will answer very mate- rially in point of economy. There is another circumstance I must beg leave to mention ; it is, sir, to appoint some person as commissary to receive, take care of and be responsible for the various sorts of military stores now in our hands. " I am, sir, your most obt. servant, " CHARLES LEE. " To the President of the Provincial Congress, of the Colony of New- York." " New-York, Jpril 13th, 1776. "General Wooster employed Jean Baptiste DeGas, the 4th of Jany. as conductor and interpreter of the pri- soners who were sent from Montreal to Albany ; in conse- quence he conducted them to Albany. General Wooster advanced him no money, but he received from Lieut. Cook at Ticonderoga, 225. New- York money ; that this is the only money he has received ; that as Genl. Montgo- mery had promised to recommend him to the Congress for a commission in a regiment of Canadians to be raised for the Continental service, and as Genl. Wooster assured him he had written in his favour to Mr. Hancock, he thought both his interest and his duty obliged him to proceed to Philadelphia in order to make application in person to the gentlemen of the Congress for their favour and protection, but at Poughkeepsie he fell sick, where having no money he was obliged to sell part of his clothes to pay his doctor and the expenses of his living." Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, pay to Jean Baptiste DeGas, recommended by General Lee, (who appears to have been employed by General Wooster as conductor and interpreter to the prisoners from Montreal to Albany, and for which he has not been fully satisfied,) the sum of 20 dollars, to assist him on his journey from this city to Philadelphia. Ordered, That Col. McDougall and Mr. Sands be a committee to take into consideration that part of Major- Genl. Lee's letter to this Congress, relative to the estab- lishment of a corps of artificers, and the appointment of a commissary to receive, take care of, and be responsible for the various sorts of military stores now in the general's hands, and that they report with all convenient speed. A letter from Messrs. William Bedlow and Jonathan Lawrence, commissioners in the Highlands, bearing date the 12th inst. was read and filed, and is in the words fol- lowing, to wit : " Sir — As we have now weather to finish the battery recommended in a letter from the Committee of Safety, of 23rd Jany. last, we were desirous to set about it by em- ploying the minute men in garrison here. Col. Nichol in- forms us the men seem unwilling, unless allowed some small compensation. We have agreed to allow them one shilling per day, when at work ; if it is not with your ap- probation, shall desist from giving them any thing. " We beg leave to remark on the order of the Commit- tee in the above mentioned letter, that to make the breast work of said battery 20 feet thick, we must make the stone work of the wall equal to support such a breast work, JOURNAL OF THE PROVINCIAL CONGRESS. 299 which will be as expensive and take as much time as has already accrued on it. If it be agreeable we can make the breast work with three pieces of timber thick 12 by 12 on the outer face, and two the inside, taking in the whole width of the crown of the wall, except 6 inches for the sleepers of the platform to rest on, and to fill the space be- tween the timber with earth well rammed down. Your an- swer from the Committee of Safety will oblige, " Sir, your humble servts. " WILLIAM BEDLOW, " JONAN. LAWRENCE. "Fort Constitution, Feb. 12th 1776. " To Pierre Van Cortlandt, Esqr. Chairman of the Committee of Safety, New- York." A letter from Col. Isaac Nicoll, commanding officer at the fortifications in the Highlands, was read filed, and is in the words following, to wit : " To the Honble. the Provincial Congress for the Colony of New-York. " Gentlemen — The commissioners for carrying on the works at this garrison have applied to me to order out workmen, parties out of the men under my command here for that purpose ; I am heartily disposed to comply with their request, being assured it will promote the pub- lic service, and be a great saving ; yet, I fear, unless the men have some little extra allowance, they will rather en- ter upon their duty with reluctance, and am the more in- duced to think so, as the soldiers who have been employed by the commissioners have had an allowance of 1*. per day each. I shall be glad therefore to be informed whe- ther the men are to expect such, or any allowance ; being at any rate determined to exert myself in forwarding the business by every means in my power. Enclosed you have a return of the minute men now stationed here. " And am, gentlemen, with profound respect, " Your mo. obt. servt. " ISAAC NICOLL. " Fort Constitution, 12th Feby. 1776." Ordered, That Mr. Scott and Mr. L'hommedieu be a committee to take the said letters and the subject matter thereof into consideration, and to prepare answers thereto, and report thereon, with all convenient speed. Joseph Outen Bogert informed the Congress that the sentinels of the port guard have prevented him from sup- plying to His Excellency the Governor and the people on board of the ship Dutches of Gordon, the ordinary supplies of fresh provisions. Thereupon, Ordered, That Joseph 0. Bogert, butcher, be permitted to supply the ship Dutches of Gordon with a sufficient quantity of fresh provisions ; and that the said Joseph 0. Bogert do furnish Capt. Wm. Mercier with an account from day to day of the quantity of provisions so supplied by him, and that a certified copy of this order be given to the said Joseph 0. Bogert. The Congress was informed that the barrack-master is in want of beds, or crocus or canvas to make beds for the troops hourly expected, and that materials fit for that pur- pose are not to be purchased. Therefore, Ordered, That Col. Curtenius deliver to the barrack- master, as many of the coarsest sheets as he shall apply for, to cover straw beds for the troops expected, and that Mr. Curtenius take the barrack master's receipt for the same. John Van Cortlandt, Esqr. Mr. Roosevelt and Capt. Rutgers are appointed a committee to examine the lists of empty houses in this city, made by sundry citizens at the request of the Committee of Safety and returned to this Congress, and to ascertain such as they may think most proper for the use of the troops. Die Mercurii, 3 ho. P. M. Feb. Ulh, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, President. Mr. Scott, Mr. Beekman, Col. Brasher, Col. McDougall, Mr. Roose veil, Capt. Rutgers, Mr. Van Cortlandt— For New-York. Mr. Haring, Mr. Allison— For Orange- Mr. Abm. Yates, Jr., Col. Nicoll, Mr. Gansevort, Col. Van Rens- selaer, Mr. Othoudt — For Albany. Mr. Dewitt, Mr. Lefever, Mr. Rhea— Ulster. Mr. Covenhoven, Mr. Van Derbilt — For Kings. Genl. Woodhull, Mr. L'hommedieu, Mr. Wickham, Mr. Hobart — For Suffolk. Mr. Ward, Col. L. Graham, Dr. Graham, Col. G. Drake— West- Chester. Col. M. Graham, Col. P. Ten Brook, Mr. G. Livingston, Major R. G. Livingston— For Dutches. Mr. Moore, Mr. Wills — Tryon. Dr. Williams— Charlotte. The Congress were informed by a member that amongst other stores lately removed and put into the care of Col. Peter Curtenius, there is a chest of excellent lint for wounds, which ought to be carefully preserved, on account of the difficulty of obtaining that article, and that some linen for bandages is also necessary. Therefore, Ordered, That Dr. John Jones and Dr. Treat, be re- quested to take the charge and care of all the said lint, and so much of the medicines and sheets now in the possession of Col. Curtenius, as they may think necessary for dres- sing of wounds ; to be preserved for the use of such hospital and troops as shall hereafter be directed bv the Provincial Congress, or Committee of Safety of this Co- lony. And, Ordered, That Col. P. T. Curtenius deliver the said lint, medicines and sheets to those gentlemen, when it may be convenient for them to receive the same. A letter from the Congress of New-Jersey, dated at New-Brunswick on the 12th inst. was read and filed, and is in the words following, to wit : "In Provincial Congress, > " Brunswick, Feby. 12th, 1776. $ " Sir — This Congress, sincerely desirous of rendering every possible assistance to promote the common cause of America, have most cheerfully complied with the request of your Committee of Safety, as signified to us by your letter of the 10th inst. and Col. Herd, with a detachment of 700 men under his command, is now under orders to march immediately to Staten island, to secure it from de- predations. " It will always be a pleasure to this Congress to co- operate with your Colony in any measures which concern the common interest; and we hope, as soon as this par- ticular service is completed, that Col. Herd will have per- mission to return with the troops under his command. " I am your most obt. humble servant, " By order. " SAMUEL TUCKER, Prest. " The Honble. Pierre Van Cortlandt." A letter from the Delegates of this Colony at Continen- tal Congress, dated lllh Feby. was read and filed, and is in the words following, to wit : " Gentlemen — Agreeable to your instructions we have represented to Congress the case of the inhabitants of Richmond county ; as our Convention might be embarras- ed, while it seemed doubtful to you whether they ouo-ht, without the intervention of Congress, to decide on the pro- priety of admitting the Deputies elected for that county, it became our duty to press for a speedy decision on this subject. It was readily agreed that the Convention ought to be the sole judges of their own members, and on this principle the resolutions which we have the honour to en- close were granted. We have obtained a warrant on the Continental Treasurer for 1 2,000 dollars to strengthen your hands in raising, within our Colony, the four battalions in- tended for its immediate protection and defence. The first opportunity which presents itself to you, or us, shall be embraced to forward you the money. " The great difficulties with which our Convention was, on a similar occasion pressed the last year, will, we hope, 300 JOURNAL OF THE PROVINCIAL CONGRESS. be avoided by this expedient ; and for which we were the more solicitous from our ignorance, whether the state of our Provincial finances would admit of your performing this essential service to advantage without such aid. " Some lime since we were favoured with an order of our Convention, authorizing us to draw on the Provincial Treasury for the allowance they were pleased to provide for their Delegates. To such of us as have conlinued here since the last recess of Congress, it would be convenient, and prevent the risk and difficulty of double carriage, should we be directed to deduct out of the money which will pass through our hands, agreeable to the above men- tioned warrant, our respective balances. In that case the residue shall be accompanied by our receipt to the Provin- cial Treasurer as his voucher. " We expect soon to have the honour of writing to you again on other subjects of your despatches, on some of which, we think it probable you may have consulted the Deputies of Congress, who arrived this day from your city. " We are, gentlemen, with great respect, " Your mo. obt. hble. servants, " JAMES DUANE, "JOHN ALSOP, "WILLIAM FLOYD, " FRANS. LEWIS. " Philadelphia, Uth Feby. 1776. " The Honble. Committee of Safety of New-York." The case of Richmond county and resolve of Continen- tal Congress thereon, was read and filed, and is in the words following, to wit : " In Congress, Feby. 8th, 1776. " The inhabitants of Richmond county, in the Colony of New-York, having refused to send Deputies to represent them in Provincial Convention, and otherwise manifested their enmity and opposition to the system and measures adopted for preserving the liberties of America ; and as a just punishment for their inimical conduct, the inhabitants of that Colony having been prohibited by the Convention from all intercourse and dealings with the inhabitants of the said county ; and this Congress being informed by the Committee of Safety of that Colony, that the freeholders of the said county did afterwards, without any opposition, elect Deputies to represent them in Provincial Convention ; but as the proceedings against them had been submitted to the consideration of Congress, it was apprehended Depu- ties would not be received until the sense of Congress thereupon should be communicated : " Resolved, That it be referred to the said Provincial Convention, to take such measures respecting the admis- sion of the Deputies, and revoking the interdict on the inhabitants of the said county, as they shall judge most expedient, provided that the said Deputies and major part of the inhabitants of said county shall subscribe the asso- ciation entered into by that Colony. " Extract from the minutes. " CHAS. THOMSON, Secy." Ordered, That the. Secretaries transmit a copy of the resolve of Continental Congress on the case of Richmond county, to the Deputies lately elected by the people of that county. Resolves of Continental Congress of the 5th inst. relat- ing to batteau men, and the regiment for the service of Canada, enclosed in the letter from the Delegates of this Colony, were read and filed, and are in the words following, to wit : " In Congress, Feby. 5th, 1776. " Resolved, That the resolution of Congress of the 8th of last month, for sending sundry shipwrights from the cities of New-York and Philadelphia, to build batteaux at Ticonderoga, be superseded, and that Genl. Schuyler be desired to employ any such artificers as he shall think pro- per in that business. " That Genl. Schuyler be desired to issue warrants for completing the regiment directed to be raised in New- York for the service of Canada; and that it be recom- mended to the Convention of that Colony, to appoint such officers thereof as General Schuyler hath nominated. " That Genl. Schuyler be desired to employ such bat- teau men as are in or near Albany, instead of those it was recommended to the Convention of New-York to procure. " Extract from the minutes. " CHAS. THOMSON, Secy." Ordered, That the Secretaries transmit a copy thereof to Major-Genl. Schuyler with all possible despatch. Ordered, That Mr. Lispenard be permitted to supply and put on board of the ship Dutches of Gordon, beer for the use of said ship. A letter from Major-Genl. Lee respecting a report of a fleet at the Hook, was read and filed, and is the words fol- lowing, to wit : "February Uth, 2 o'clock, P. M. 1776. " Sir — I would humbly propose to the Congress not to lose a single instant in despatching a whale boat to the Hook, to reconnoitre the fleet whether they are friends or enemies, for should they be the latter, and intend a visit to this place, we should make an awkward figure, unless we are prepared for their reception. " I am, sir, your mo. obt. servant, " CHAS. LEE. " To the President of Provincial Congress of the Colony of New-York." A copy of an answer which had been immediately re- turned to the general by the President and Col. McDou- gall, informing that proper care has already been taken on that subject, was read and approved of by the Congress. DIE JOVIS, a. m. Feby. 15th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Beekman, Mr. Roosevelt, Capt. Rutgers, Mr. Sands, Col. Mc- Dougall, Col. Brasher, Mr. T. Smith, Mr. Scott— For New-York. Mr. Covenhoven — Kings. Mr. Oothout, Mr. Yates, Col. Nicoll, Mr. Gansevort, Col. Van Rens- selaer — For Albany. Mr. Haring, Col. Allison — Orange. . Mr. Moore, Mr. Wills — Tryon. Gen. Woodhull, Mr. Wickham, Mr. Hobart, Mr. L'hommedieu— For Suffolk. Mr. Rhea, Mr. Lefever, Mr. Dewit, Mr. Wisner— Ulster. Dr. Williams — Charlotte. Col. M. Graham, Mr. G. Livingston, Major R. G. Livingston, Col. Ten Broek. — For Dutches. Col. G. Drake, Col. L. Graham, Dr. Graham, Stephen Ward — West- chester. A draft of a letter to several persons in Queens county, was read and approved of, and is in the words following: " Sir — By an order of the Continental Congress, Col. Herd has apprehended the following persons, to wit : Jo- seph French, Esqr. Wm. Weyman, Danl. Kissam, Esqr. Saml. Clowes, Esqr. John Townsend, John Polhemus, John Shoals, Chas. flicks, Thos. Smith, Esqr., Capt. Ben- jamin Whitehead, Nathl. Moore, John Willet, Gabriel G. Ludlow, Geo. Weeks, Saml. Hallet, Gilbert Van Wyck, Saml. Martin, David Brooks, inhabitants of your county who are now in our custody ; they were considered by the Congress as inimical to the liberties of America, and were ordered to be continued in our custody until an inquiry should be made by this Convention into their conduct, and a report thereof made to the Congress. Wherefore we desire you would immediately collect what evidence you can against those persons, respecting their denying or re- fusing to obey the directions of the Continental or this Congress, what part they have taken in procuring powder from the Asia man of war, and distributing the same, their taking up arms against the country, or any other act they may have done inimical to the liberties of the United JOURNAL OF THE PROVINCIAL CONGRESS. 301 Colonies, and transmit the same to us in writing, together with the names of the principal witnesses to prove the same with all possible speed." Ordered, That copies of the aforegoing letter be engros- sed and transmitted to such of the inhabitants of Queens county, as are most likely to execute the service required therein. Mr. Moore moved in the words following to wit : Mr. President, I move for the loan of £400 out of the Treasury of this Congress to defray accounts charged against the committee of Tryon county for expresses, ser- vices of minute men on alarms, and other necessary ex- penses, the sum so lent to be secured by the bond of Isaac Paris, Esqr. William Wills, and myself, to Peter V. B. Livingston, Esqr. as Treasurer of this Congress, and charged to the account of Tryon county. Whereupon, it was Resolved and Ordered, 1st, That the Treasurer of this Congress pay to Messrs. Isaac Paris, Wm. Wills and John Moore, the sum of £400, New-York money, and that he take their joint and several obligations for the same in his own name, payable on demand. Resolved, 2nd, That the obligors do, with all convenient speed, produce to this Congress an account of the moneys expended by the committee of Tryon county, with the proper vouchers, and that they shall have credit on the said obligation for such expenditures, as shall hereafter be adjudged by this Congress to be a proper charge against this Colony. And it is further Resolved, That the said obligors apply to the commis- sioners for Indian affairs, for the payment of such expendi- tures as has been made by the committee in their depart- ment, and pay the same to the Treasurer of this Congress, in discharge of the said obligation with all convenient speed. Col. Brasher brought into Congress a request from Hugh and Alexr. Wallace, Esqr. requesting a permit to put on board the ship Dutches of Gordon, H pipe of wine for the use of His Excellency Govr. Tryon. Thereupon Ordered, That a permission be made out for those gen- tlemen, or their agent, to put the said wine on board for His Excellency's use, and that one of the Secretaries do attest the same. A letter from Thos. Palmer, Esqr. enclosing an agree- ment, and the names of a number of men who have agreed to enlist, under Mr. Wm. Martin as their captain, in the troops to be raised for the defence of this Colony, as also an extract of the proceedings of the committee of New- Marlborough, approving of and recommending the said William Martin as a captain in the said troops to be raised, was Tead. Ordered, That the said letter, with the papers enclosed, be referred to the committee appointed to take into consi- deration the resolutions of the Continental Congress rela- tive to ihe raising the troops for the defence of this Colony. A letter signed by Capt. Samuel Jones and several others, dated at Goshen, Feby. 9lh, 1776, was read, and they thereby request that this Congress will favour the county of Orange with part of the field officers for the troops intended to be raised in this Colony, and they re- commended Mr. Israel Wells as one of the majors. Ordered, That the aforegoing letter be referred to the committee appointed to consider of the resolutions of the Continental Congress, relative to the raising the troops for the defence of this Colony. Whereas a large body of troops are daily expected from the neighbouring couties and Colonies, for the defence of this city against the ministerial army and navy, in which case it will be necessary (as the barracks are already filled with those already arrived.) to provide proper houses for their reception : It is therefore Resolved and Ordered, That the general committee for the city and county of New-York be requested forthwith to cause a return to be made to them of all the empty houses in 76 this city, and that they, or a sub-committee of their body, select a sufficient number of the said houses for the ac- commodation of the troops that shall, from time to time arrive. That in the choice of the said houses such be ta- ken as may be least liable to be injured by the troops. That the said committee, or their sub-committee, be care- ful to take a survey of the condition of the said houses, at the time they shall be taken possession of, and at the time such houses shall be left by the said troops, to the end that proper satisfaction may be made to the proprietors for any injury the said houses may receive by reason of quarter- ing troops therein. And it is further Ordered, That the barrack master, for the time being, be subject to and under the direction of the said committee, or their sub-committee, and that the chairman of the said committee be requested to cause the said general commit- tee to be convened immediately, that this order may be ex- ecuted. Ordered, That a certified copy of the aforegoing order be sent to the chairman of the general committee of the city and county of New- York. Whereas a number of the troops commanded to this city by Major-Genl. Lee are arrived from Westchester county, and there is not any barrack room, or proper lodg- ment for them, wherein to put them under cover : And whereas others of the said troops commanded to this city from Westchester and Dutches counties are hourly ex- pected, and lodgings must also be provided for the whole of those troops : And whereas, from the necessity of the case, the Congress must direct those troops already ar- rived, and such as shall arrive, to be put into the empty houses in this city : Therefore Ordered, That John Van Cortlandt, Esqr. Mr. Isaac Roosevelt, Capt. Rutgers and Col. McDougall, be a com- mittee to place all the before mentioned troops under cover ; that the said committee or any one or more of them be fully authorized to open and enter into any uninhabited houses in this city, which they shall think proper for that purpose ; that they or either of them be empowered, where necessary, to take any goods or effects out of any such house or houses, as they may think proper, to have used for placing soldiers, and have the same safely stored ; that the said committee be authorized to take to their assistance any freeholders or inhabitants of the said city, they shall think proper, and that the barrack master of the "city of New-York for time being, subject to the directions of the committee before named, be and hereby is authorized to place troops in all such houses as the said committee or any one or more of them shall direct. Die Jovis, P. M. Feb. \bth, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Scott, Col. Brasher, Mr. Sands, Mr. Beekman, Mr. T. Smith, Col. McDougall— Kew- York. Col. Allison, Mr. Haring. Col. Hay — Orange. Genl. Ten Brock, Mr. Abm. Yates, Col. Van Rensselaer, Col. P. R. Livingston, Mr. Oothoudt, Mr. Gansevoort — Albany. Mr. Moore. Mr. Wills — Tryon. Mr. Covenhoven — Kings. Genl. Woodhull, Mr. L'hommedieu, Mr. Wickham, Mr. Hobart — Suffolk. Col. M. Graham, Col. P. Ten Brock, Mr. G. Livingston, Mr. £ver- son, Major R. G. Livingston — Dutches. Mr. Wisner, Junr. Mr. Lefever, Mr. Rhea, Mr. Dewitt — Ulster. Dr. Graham, Col. G. Drake, Mr. Ward, Col. L. Graham— West- chester. Dr. Williams— Charlotte. A letter from Col. Curtenius was read and filed. He therein mentions that the quarter-master of Col. Drake's regiment had applied to him for provisions ; that he had none in store ; that his other engagements in the public business will not admit of his attending to that matter, and requesting the Congress to appoint a person pro tern, until a deputy commissary arrives here. Lieut. Col. Lewis 302 JOURNAL OF THE PROVINCIAL CONGRESS: Graham, of Col. Drake's regiment, now in Congress, of- fered to procure provisions for the said regiment until the quarter-master can provide for them. Thereupon Ordered, That Lieut. Col. Lewis Graham be enabled and he is hereby empowered and requested, to purchase provisions for Col. Drake's regiment for the present ; and to direct the quarter-master to take care of and distribute the same agreeable to Continental allowance, and that he bring in an account for the same. The committee appointed to consider of the resolves of Congress, relating to the ensuing campaign, delivered in their report, in the words following, to wit : " Your committee beg leave to report the following re- solves : " 1st. That for the more expeditiously completing the en- listment of the four battalions, to be raised for the defence of this Colony, it is necessary that a proportionable num- ber of men be alloted to each county. " 2d. That a sufficient number of officers be appointed in each county to command the men to be raised in the same. " 3d. That in the appointment of such officers those who have served their much injured country in the last cam- paign ought to have the preference. " 4th. That when there are not a sufficient number of old officers who choose to serve, in any one county, the defi- ciency ought to be made up out of those who are recom- mended by the respective county committees. " 5th. That a letter be wrote to the several county com- mittees, enclosing the 3d and 4th of these resolves, together with blank warrants for the officers to be appointed in each respective county. " 6th. That two gentlemen be held up by this body, to the Continental Congress, to fill each place, as field officers in the four battalions to be raised in this Colony ; and that such field officers as have not been in actual service be chosen from the several counties where the men are raised, in as equal proportions as may be. " 7th. That the colonel of each regiment appoint the ad- jutant and quarter-master. " 8th. That the chaplains, surgeons and surgeons' mates be appointed by this Congress. " All which is respectfully submitted." The said report being read, was ordered to be read a second time ; and being again read paragraph by para- graph, the Congress agrees with their committee in their said report : Mr. Covenhoven dissents. A letter from Robert R. Livingston, Esqr. was read and filed, and is in the words following, to wit : " Claremont, 3d Feby. 1776. " Sir — I had the honour of your letter, with your polite condolence on the death of my father, and am extremely obliged by your favourable mention of him ; as his life was a continued endeavour to deserve the good opinion of his country, so the most grateful offering to his memory is the commendation of free and good men. " The sentiments you are pleased to express of me re- quire my most grateful acknowledgments, and will I hope animate me to merit your approbation — a reward adequate to the worthiest actions. " My brother John has finished the powder-mill, and will be obliged to you for procuring him the necessary materi- als to render it as useful as I wish it to be. " I am, sir, your's and the committee's " Most obt. servant, "ROBT. R. LIVINGSTON. "To Pierre Van Cortlandt, Esqr. Chairman of ttie Committee of Safety, New-York." Mr. L'hommedieu, from the committee appointed to draw an answer to the letter of the commissioners at the fortifi- cations in the Highlands, accordingly reported a draft, which was read. Ordered, That the consideration of the said draft be post- poned till lo-morrow ; and that in the mean time Mr. Thos. Grennel be requested to attend this Congress to-morrow, I to give information relating to the breadth of the founda- tion of the parapet of the battery now erecting, and such other information as may be necessary. A petition of nine soldiers of Capt. Johnson's company, praying that their under clothes might not be deducted out of their pay, and they be allowed their expenses returning from Albany, was read and filed. Ordered, That the consideration thereof be deferred un- til Col. McDougall shall receive an answer to a letter he has wrote to Genl. Schuyler on that subject. Col. McDougall, from the committee appointed yester- day to report on Major-Genl. Lee's letter relating to the appointment of a commissary for the Continental artillery stores, and the appointment of a company of artificers, de- livered in their report, which was read, and is in the words following, to wit : " The eommitttee appointed to consider of, and report on the subjects recommended to Congress by Genl. Lee's let- ter of the 14th inst. do report: " That a commissary is necessary to take the charge of the Continental stores in this city and the neighbourhood ; that they recommend Mr. Hugh Hughes for that office ; and that a letter should be wrote to the Continental Congress informing them of this appointment, and requesting them to determine what pay he shall have. "That a company of artificers is also necessary to be im- mediately embodied, because the works to be erected will require the assistance of carpenters and blacksmiths with- out delay, and unless this company is embodied, the Ge- neral will be obliged to employ a number of tradesmen at daily wages, which will incur a greater expense to the public than would be created by the company above men- tioned. That they are of opinion that the company should consist of about 00 men, officers included ; that one cap- tain and two assistants will be necessary ; that the cap- tain of this company should be a carpenter, and have the pay of a captain of a marching regiment ; that one of the assistants should be a blacksmith, the other a carpenter ; that the assistants should have a lieutenant's pay in the marching regiments; that they are informed the privates of the company of artificers at the camp near Cambridge, have 10 dollars per month, and that the privates of this company should have the same pay. That from the in- formation they have received from the officers of the train with the General, the captain of artificers has three ra- tions, the assistants two, and the privates one. That they recommend Mr. Anthony Post as a fit person to be the captain of the company of artificers. All which is hum- bly submitted to the Congress." The said report being read was ordered to be read a se- cond time, and being read again paragraph by paragraph and amended, was agreed to. Mr. Scott informed the Congress that David Mathews, Esqr. is appointed Mayor of this city, and that it is ne- cessary that several magistrates be present before the Go- vernor to see him qualified. Thereupon a pass was given to Mr. Mathews in the words following, to wit: " Ordered, That David Mathews, Esqr. one of the ma- gistrates, as also all the other magisttates of this city be, and they are hereby permitted to go on board of the ship Dutchess of Gordon, on public business with his Excellen- cy Govr. Tryon." A petition of John Willett and 14 other persons, pray- ing to be relieved from their present confinement, was read. Debates arose thereon. Thereupon the question was put whether the same should be taken into considera- tion immediately, and carried by a majority, but being late, the same is deferred 'till to-morrow. DIE VENERIS, 10 ho. a. m. Feb. 16th, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, Prof. JOURNAL OF THE PROVINCIAL CONGRESS. 303 Mr. Beekman, Mr. Sands, Col. McDougall, Mr. Van Zandt, CapL Ruigers — For New-York. Mr. Haring, Col. Allison, Mr. Cooper, Col. Hay — Orange. Mr. A. Yates, Col. Nicoll, Mr. Oulhout, Col. Van Rensselaer. Mr. Gmnsevort, Col. P. R. Livingston— Albany. Mr. Moore — Tryon. Mr. Covenhoven — Kings. Genl. Woodhull, Mr. Wickham, Mr. Hobart, Mr. L'Hommedieu— Suffolk. Mr. Rhea, Mr, Dewit, Mr. Lefever— Ulster. Dr. Williams— Charlotte. Major Livingston, Col. Ten Brock, Mr. Everson, Mr. G. Livingston, Col. M. Graham— Dutchess. Mr. Paulding, Col. G. Drake, Dr. Graham, Mr. Ward— Westchester. Col. McDougall informed the Congress that he under- stood that the floors were laid in the hospital lately erect- ed in this city — that the troops already arrived and those expected to arrive, would stand in need of quarters. There- upon Ordered, That Col. Swartwout be authorized to de- mand the keys of the hospital lately erected in this city and open the same — that he examine the rooms and apart- ments, and if he thinks them proper for quartering troops in, that he be authorized to make use of the same for his regiment of minute men. A letter from Andries Onderdonck, chairman of the committee of Haverstraw precinct, dated 30th Jany. 1776, was read and filed, and is in the words following, to wit : " In Committee ) " Haverstraw Precinct, January 30th, 1776. $ " Gentlemen — Enclosed is a list of the names of the field officers nominated for the battalion in this precinct, and the return of the captains and officers chosen by the respective companies, except one lieutenant and the offi- cers of one company, which is not yet settled, the late captain being advanced. You will be pleased to send blank commissions for those that may be chosen. " It is now a long time since the nomination and choice, and have long expected the commissions by return of Tho- mas Outwater, chairman of the joint committees of this precinct and Orange Town, and have not known, many days, that no returns had been made on our account. " We are, gentlemen, " Your very humble servts. " ANDRIES ONDERDONCK, Dy. Chairman. " To the President of the Provincial Congress, New- York." A list of the field and other officers of the militia in Haverstraw precinct was also read and filed. Ordered, That commissions be made out for the field and other officers of the militia in the precinct of Haver- straw. Mr. Rapalye, clerk to Henry White, Esqr. delivered in an account of fresh provisions supplied to His Majes- ty's ships for some time past, and requested a permission to supply His Majesty's ships as usual. Thereupon Ordered, That Henry White, Esqr. by his agent, be permitted to supply His Majesty's ship Asia with 1,200 wt. and the Phoenix with 700 weight of fresh provisions, and vegetables equivalent. It being represented to Congress that the troops daily arriving in this city are without any person appointed as a commissary to provide them with provisions, and Mr. Curtenius by a letter yesterday, has informed the Con- gress that his other employments for the public will not admit of his undertaking that business, and Mr. Abraham Livingston being recommended as a proper person for that purpose. Ordered, That Mr. Abm. Livingston be and he is here- by appointed commissary to supply the troops from West- chester and Dutchess counties now arrived and daily co- ming into this city, until further order, or the arrival of a deputy from Walter Livingston, Esqr. Deputy Commissa- ry-General. Ordered, That Messrs. Van Zandt, Roosevelt and Ha- ring, be a committee to settle with John Holt, for his ser- vices in printing, and to ascertain the sum due to him. A petition of Henry Remsen, John Broome, and 13 other persons, was read ; they thereby set forth the great loss one or more members of a committee [sustained] in the year 177 , for preserving the then non-importation agree- ment, and pray relief. The accounts of the costs and dama- ges suffered, and the state and pleadings of the court, both in a court of law and before the Governor and Assembly of Rhode Island, were also delivered in. Ordered, That Mr. Scott, Mr. Thos. Smith and Mr. L'hommedieu, be a committee to take and examine the said petition and papers, with power to send for persons and papers, and to report thereon with all convenient speed. A draft of a letter to the commissioners at the fortifica- tions in the Highlands, was read and approved, and is in the words following, to wit : " In Povincial Congress, ) " New-York, Feb. 16th, 1776. $ " Gentlemen — In answer to your letter of the 1 2th inst. we are to inform you that we cannot allow the minute men extra wages while on working parties, as the example would greatly impede the public service. There are many minute regiments now in this city, who are employed in working parties, without any expectation of wages other than the Continental pay, for should we admit extra wages in one instance it would be expected in every case. " As to the breast work of the battery, it is agreeable to us you make the same as you propose, concluding it will answer the purpose, and be attended with much less ex- pense than the former method we recommended. " We are, gentm. your very hble. servts. " By order. " To Messrs. Bedlow and Lawrence, Commissioners at the fortifications in the Highlands." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. A petition of Elizabeth Atherton was read ; she thereby prays for the discharge of her husband, John Atherton, the pilot. Ordered, That the facts on which the said John Ather- ton stands committed, as far forth as they appear on the minutes of the Committee of Safely, be, with the petition, handed to the committee of the city of New-York, that they may try and determine on the case of said Atherton. Ordered, That the committee of the city of New-York be requested to meet every other day for the despatch of business, and to attend with vigilance to the public busi- ness. Ordered, That Col. Brasher, Mr. Scott, Mr. Wickham, Col. Hay, Col. G. Drake, Col. P. Ten Broek, Mr. Rhea, Col. Nicoll, Mr. Moore, Mr. Van Derbilt and Doctor Wil- liams, be a committee to settle the quota, or number of men and officers, under the rank of field officers, to be raised in the different counties in this Colony, to constitute the four regiments ordered to be raised therein for the Con- tinental service and defence of this Colony, and that the said committee report with all convenient speed. Mr. Haring, from the committee appointed to take into consideration the letter from the committee of Marble Town, and the application of the company of militia there, delivered in their report and the draft of a letter to the com- mittee, which were respectively read and approved of, and are in the words following, to wit : " Your committee report : That it is their opinion that the committee of the township of Marble Town, in Ulster county, have put a wrong construction upon the resolution of Congress alluded to in their letter, and that in consequence thereof they have erred in refusing the company of the southwest district of said town an opportunity of filling up, by an election, the vacancy occasioned by the promotion 304 JOURNAL OF THE PROVINCIAL CONGRESS. of their late captain. That all the commmittee of said township can properly do towards the promotion of the subaltern officers of said company, is to advise the com- pany to do it by an election ; but in case the company elect any other person, it is the duty of the committee to return his name in order to his being commissioned, provided he shall have signed the association, and belong to the beat or district of said company. " Your committee further report : That they conceive it necessary that an answer be immediately given to the com- mittee of said township upon their letter, and for that pur- pose propose the following letter : " In Provincial Congress, ? " New-York, Feb. \6th, 1776. J " Gentlemen — Yours of the 29ih ulto. is come to hand ; in answer to the request therein made, we inform you, that the words of the resolution you allude to will not admit of the construction you are inclined to put thereon. You are, with all convenient speed, to call the company of the south- west district of your township together, and give them an opportunity to choose a new captain ; at the same time you are not only at liberty, but we think it your duty, to ad- vise the company, in a friendly manner, to promote the subaltern officers, or such of them as you shall think to merit it ; but if they will not be advised, you are to suf- fer them to elect any other ; but you are not to return the name of any one to be commissioned for that company, un- less he belongs to the beat or district of said company, and has signed the association. " All which is humbly submitted." Ordered, That a copy of the said letter be engrossed, and signed by the president, and transmitted. A letter from Genl. Lee, bearing date this day, on the subject of shutting up the port, was read and filed, and is in the words following, to wit : "New-York, February 16 " New-York, Feb. nth, 1776. $ " Sir — The Congress hereby acknowledges the receipt of your letter of the 1 6th inst. and in answer thereto, informs you that as the danger which was suspected of depreda- tions being made on Staten island is now removed, they sincerely thank you for the services you have, with so much alacrity, devoted to your country, and therefore dismiss you from that duty. " Please to send us, by the first convenient opportunity, such information as you have had, respecting any person or persons who have supplied the barges with live stock, and of the threats you intimate as thrown out by others. " We are most respectfully, &c. "To Col. Herd." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted by Capt. Barron, of Col. Herd's regiment. On motion of Mr. Hobart, Resolved, That the Committee appointed yesterday to settle the quota of men and officers to be raised in the re- spective counties of this Colony to complete the four bat- talions to be raised in this Colony be dissolved, and a new committee for that purpose appointed. And, Ordered, That Col. Brasher, Mr. Sands, Mr. Wickhara, Col. Hay, Mr. Paulding, Mr. Rhea, Col. Nicoll, Mr. Moore, Col. Ten Broeck, Dr. Williams and Mr. Van Der- bilt, be a committee to settle and report the quota or num- ber of men and officers, under the rank of field officers, to be raised in the different counties in this Colony, to consti- tute the four regiments ordered to be raised therein for the Continental service and defence of this Colony, and thai they report with all possible despatch. A return from Elihu Marvin, Esqr. chairman of the com mittee of Orange county, bearing date at Oxford on th( 15th inst. returning the names of proper persons for offi cers in that county, was read and filed, and is in the word following, to wit : " In County Committee, Oxford, Feb. 15th, 1776. " Gentlemen — When this committee made report t your Honble. Board of the number of men they conceive this county would be able to raise for the defence of th Colony, agreeable to the resolves of the Honble. Continer tal Congress for that purpose provided, it was a receive opinion amongst them that the men were to be enlisted f( not more than one year certain, and a Continental memb< then present forwarded the opinion ; but Mr. Seth Marvi whom they nominated and returned for captain of one the companies, informs that there was no certain period enlistment, but that they were to continue in the servitj during the pleasure of Congress, and therefore decline taking his permit until he had taken the farther advice this committee. The committee would therefore beg lea to inform your Honble. Board that they think it very uf JOURNAL OF THE PROVINCIAL CONGRESS. 307 likely that they will be able to raise the number of men they proposed, upon such principles ; and if they can, they are very sure that none but the lower class of mankind will enlist, and these they conceive not to be the men to be de- pended on ; whereas, on the other hand, if men were to be enlisted for one year only, they are very certain that there would be many volunteers out of good families, men that might be depended on, and that would fight upon princi- ple, if they were brought to a trial. " The committee also conceive that a certain period is necessary to enlist men upon, and if it was two or three years that it would be better than during the pleasure of Congress ; they would be glad therefore some certain time might be fixed on ; but if that can not be done, the officers are willing now to take the permits and make trial, but fear the consequence. " Mr. Nathan Strong, one of the officers nominated un- der Mr. Seth Marvin, will receive the permits for that company. " I am, gentlemen, " Your very hble. servant, " ELIHU MARVIN, Chairman. " By order of the committee. "To Pierre Van Cortlandt, Esqr, Chairman of the Committee of Safety, New- York." Ordered, That it be referred to the committee appoint- ed to settle the quota of men and officers to be raised in the different counties in this Colony. DIE SOLIS, 10 ho. a. m. Feb. 18th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Roosevelt, Mr. Thos. Smith, Capt. Rutgers, Mr. Sands, Col. Mc- Dougall— For New-York. Col. Ten Broeck, Mr. G. Livingston, Col. M. Graham — Dutches. Genl. Ten Broeck, Col. Nicoll, Mr. Gansevort, Mr. Yates— For Al- bany. Dr. Graham, Mr. Paulding — Westchester. Genl. Woodhull, Mr. Hobart, Mr. L'hommedieu, Capt. Wickham — Suffolk. Col. Hay, Col. Allison — Orange. Mr. Rhea, Mr. Dewitt, Mr. Lefever— Ulster. Mr. Moore — Tryon. Dr. Williams— Charlotte. Col. Hay, from the committee appointed to apportion the different quotas of men and officers, under the rank of field officers, to be raised in the different counties of this Colony to form the four regiments ordered to be raised in this Colony, delivered in their report, which was read, and the same being read a second time, and filed, is in the words following, to wit: " Your committee appointed to levy the quotas of men to be raised in the different counties of this Colony for the service of the United Colonies, report that it is their opi- nion that the number of men that can be raised in each county is as follows : New-York,. . . 8 companies. Queens, 1 company. Albany, 5 do Kings and Richmond, 1 do Tryon, 2 do Orange, 2 do Charlotte, ... 1 do Ulster, 3 do Dutchess, 4 do — Westchester, . 2 do 32 companies. Suffolk, 3 do " All of which is humbly submitted bv your committee. " A. HAWKES HAY, Chairman:' The Congress agreed with their committee in their said report. Col. McDougall informed the Congress that Genl. Lee has information that the regiment from Philadelphia was to march on Friday last ; that they may be expected this evening or to-morrow ; that they will be posted on Nassau island from the Walleboght to Gewanus; that quarters must be immediately provided for them in that part of Nassau island, and a commissary provided to furnish them with provisions, if they are not already provided with a com- missary, and a military chest. The Congress are there- fore of opinion that the Deputies of Kings county ought immediately attend the Congress and fix on proper persons well acquainted with the inhabitants where the troops are to be posted. A draft of a letter to the Deputies of Kings county was read and approved, and is in the words following, to wit : " In Provincial Congress, > " New-York, IHth Feb. 1776. ) " Gentlemen — A matter is now under the considera- tion of the Congress of the utmost importance to your county in particular, as well as to the Colony in general ; you are therefore earnestly requested to attend the Con- gress immediately, as the business will admit of no delay. If any inconvenience should happen to your constituents by your neglect, they will know to whose account to charge it. We expect your attendance at 3 o'clock this afternoon. " By order of Congress." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. A letter from Mr. Joseph Hallett to Col. McDougall, was read and filed, and is in the words following, to wit : " New Ark, 16th February, 1776. " Dear Sir — I did not receive your favour of the 9th inst. until yesterday. I have applied to Mr. Ogden, one of the owners of the furnace in this town ; he tells me if he can be supplied with coal from the ship at Elizabeth Town, he will engage to deliver two tons a week until he has supplied you with any quantity not less than ten tons, at £40 per ton, if coal is to be had at £4 per chaldron. If the coals should cost £5, then he must have £41 per ton. This is a very extraordinary price for grape shot, but I fear you will not be able to get them for less money be- fore the blast furnaces begin to work, which I am told will not be until May. 1 think it would serve the general cause if the coal in the ship at Elizabeth Town should be sold only to such persons as are employed in making anchors, cannon shot, or such other articles for the public use as cannot be made with charcoal. The nail makers, I am informed, are endeavouring to purchase the coal ; if they get them the public will suffer, and will not be alile to cast your cannon or shot. In order to prevent this I should think the Congress of New-York should write to the Con- gress of this Province, showing the necessity of putting the coal into such hands as would best serve the general cause. You may depend I shall not be absent from the city of New-York any longer than the situation of my fa- mily makes it absolutely necessary. " I am, sir, your very hble. servant, "JOSEPH HALLETT. " To. Col. Alexr. McDougai-l, New- York." The Congress, considering the great necessity of hav- ing grape shot, and being informed by a member that there is only a trifling parcel in the Colony, and that although the price mentioned is at least double what the same article is offered to be delivered for in April next, yet it would be imprudent to wait that delay. Therefore, Ordered, That Mr. Joseph Hallett be and he is hereby empowered to contract with Mr. Ogden, on behalf of this Congress, for such quantity of grape shot as Major-Genl. Lee or the commander-in-chief of the Continental army at New-York, for the time being, shall direct. The Congress were informed by a member, that as the ships of war are removed out of the East river, Major- General Lee thinks this is a favorable time and opportunity to stop the channel of the East river between the city and Nutten island, so as not to admit line of battle ships, if it is practicable, which, if it can be done, may save at least the east part of the city. That Genl. Lee desires the ad- vice of this Congress in the premises. Thereupon, Ordered, That the committee of war attend on Genl. Lee, and confer with him on the practicability of stopping 308 JOURNAL OF THE PROVINCIAL CONGRESS. the channel in the East river ; and that the said committee of war report thereon to this Congress at 4 o'clock this af- ternoon. The members present were charged from the chair to keep secret the subject matter of the last order, and every argument, matter and thing mentioned relating to stopping up the channel ; and the several members engaged on their honours respectively to keep the same secret. A letter from Col. Swartwout was read and filed, and is in the words following, to wit : " To the Honble. Provincial Congress : " Gentlemen — Whereas Capt. Billings, from Pough- keepsie, has marched with what men he had enlisted for the Continental service, without any orders, I conceive ; at his arrival in town made application to me to join my regiment, as he was entirely destitute where to go, I admitted him, for the present, to join, 'till I could have your sentiments thereon ; as it is essential to know immediately, as I must make a return to the general of my regiment, and of the effective arms, and have them completed to 20 rounds per man. " I am, gentlemen, your humble servant, "JACOBUS SWARTWOUT, Col. "New-York, Feby. 18th, 1776." Thereupon a draft of an answer to Col. Swartwout was read and approved of, and is in the words following, to wit : " In Provincial Congress. ? " New-York, Feb. 18th, 1776. J " Sir — Your letter was read and immediately taken in- to consideration. The Congress are of opinion that Capt. Billings, with his company, can not be permitted to join your regiment of minute men, but that he ought immedi- ately to return and wait the orders of Genl. Schuyler. " We are, sir, your very hble. servts. " By order. " To Col. Swartwout." Col. McUougall informed the Congress that a ton of gunpowder is arrived from Philadelphia, and stored in one of the magazines, in part of payment for the several quan- tities of gunpowder advanced and lent by this Colony, at sundry times, to the Continental service. Die Sous, P. M. Feb. 18th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Scott, Col. Brasher, Mr. Smith, Mr. Sands, Mr. Roosevelt, Mr. Van Zandt — New- York. Mr. Van Derbilt, Mr. Leffertse — Kings. Mr. Yates, Mr. Gansevort, Col. Nicoll, Genl. Ten Broeck — Albany. Col. M. Graham, Col. Ten Brook, Mr. G. Livingston — Dutchess. Mr. Moore — Tryon. Genl. Woodhull, Mr. Hobart, Mr. Wickham, Mr. L'hommedieu— Suffolk. Dr. Graham, Mr. Paulding — Westchester. Dr. Williams — Charlotte. Mr. Dewit, Mr. Lefever, Mr. Rhea, Mr. Wisner, Junr. — Ulster. Col. Hay, Col. Allison — Orange. The members from Kings county were informed of the message from Genl. Lee of this day, that one regiment is on their march from Philadelphia, and may be expected immediately, and that the said regiment is to be posted on Nassau island, from Wallabout to Gewanus. The mem- bers of Kings have leave of absence to call together the committee of Brooklyn, and facilitate the procuring lodg- ments for those troops, in such manner as may be least in- convenient to the inhabitants. And Ordered, That the said committee of Brooklyn town- ship, do immediately assemble and provide lodgments or quarters for the said regiment without, delay ; which they will do in such manner as to be least inconvenient to the inhabitants of Brooklyn township. And Ordered further, That the said committee inform this Congress to-morrow morning, of the particular places of the quarters or lodgments they shall have provided for those troops. Mr. Van Zandt requested a permit to finish lading the ship Rosamond. Thereupon a certificate was given to him in the words following, to wit : " Mr. Jacobus Van Zandt was formerly ordered by this Congress to lade a vessel with wheat, &c. he is hereby permitted to lade the ship Rosamond accordingly, with wheat and flour, &c. " To be shewn to Messrs. Robert Ray and Evert Bancker, and to be delivered to Capt. William Mercier." Mr. Hobart, according to order, reported a draft of a let- ter to the county committee, in each respective county in this Colony, where troops are to be raised, which was read and approved, and is in the words following, to wit: "In Provincial Congress, ) "New-York, Feb. 18th, 1776. J " Sir — 'The Congress having determined that your county shall have the opportunity of raising compa- nies in the four regiments to be raised by order of Conti- nental Congress, for the defence of this Colony, have re- solved that blank warrants for the officers of the same shall be sent to your committee. You will observe by the en- closed resolves, that you are restrained in the appointments to give the preference to such persons as have served their country in the last campaign ; but it is not by any means the design of Congress that men who have misbehaved themselves should be any further employed. It is expect- ed that the people will readiiy enlist in these regiments, as they are raised for the express purpose of defending this Colony ; and unless we raise them from among ourselves, in all probability they will be sent from other Colonies, which will be to our everlasting disgrace. We have great confidence in your zeal for the common cause, and trust you will exert yourselves that these levies be completed with all possible despatch. " We are, sir, your very hble. servants, " By order. " It is expected that each man furnishes himself with a good gun and bayonet, tomahawk, knapsack or haversack, and two bills. But those who are not able to furnish them- selves with these arms and accoutrements will be supplied at the public expense, for the payment of which, small stoppages will be made out of their monthly pay, till the whole are paid for ; then they are to remain the property of the men." Ordered, That sundry copies be engrossed, and signed by the President, and one of those letters directed to the county committee in each county where troops are to be raised, and the said letters be transmitted, together with blank warrants and instructions for raising the men. Mr. Hobart, from the committee of war, who were di- rected this morning to confer with Genl. Lee, verbally re- ported, in substance, that in obedience to the order of Con- gress, they had conferred with the general, and examined the plans of the city and harbour, with him and his engi- neer and some other officers ; that the general informed them that he has given orders to take a survey of the ves- sels now in port ; that this evening the depth and breadth of the channel, at the most proper places, is to be sounded and taken ; that Genl. Lee thinks it of great importance to ob- struct the navigation of the East river against line of battle ships, and seems to have it much at heart ; that Genl. Lee, on being asked how the west side of the town could be protected, allowed that a ship might come to the west of the city and annoy the city, but seemed to think fortifica- tions might be erected in the city, which would greatly protect the side of it ; that Genl. Lee is of opinion that i the Asia should depart the harbour and bay, that the mosl proper place to obstruct the navigation is farther down, oi between the banks ; that Capt. Smith, the engineer, saic that the fortifications to be erected near Hellgatc, wil JOURNAL OF THE PROVINCIAL CONGRESS. 309 command the East river down to, or below Blackwell's island. Mr. Hobart reported farther, that on the whole, nothing certain as to the practicability of obstructing the navigation of the East river was yet determined on. Mr. Hobart farther informed Congress, that they had some conversation with Genl. Lee, on the subject of pre- venting persons having permissions from this Congress, or the Committee of Safety, to go on board of any ship in this harbour, from being obstructed by the port guard ; and that they had intimated to the general that perhaps it might be proper to place a proper person near the sentries to give information and directions concerning such persons as may have such permissions as above mentioned. The Congress then went into the consideration of that matter, and thereupon, Agreed unanimously, That it is impracticable at pre- sent, totally to cut off all communication of the inhabi- tants of this Colony with the ships of war now in this port, and with the ship on which his Excellency Govr. Tryon resides. And whereas, though it is in the opinion of this Con- gress, impracticable at present totally to cut off all com- munication of the inhabitants of this Colony with the ships of war now in this port, and the ship on board of which his Excellency Govr. Tryon resides, yet it appears neces- sary to confine such communication to certain particular ob- jects, to the end that the public service may not be injur- ed by a free and unlimited intercourse between them and this Colony. It is therefore Ordered, That all communication between the said ships of war and all the inhabitants, be and is hereby pro- hibited, except upon special permits, to be obtained from this Congress or the Committee of Safely ; and also ex- cept for supplying them, the said ships of war respective- ly, with necessary provisions from lime to time, for the use and consumption of their respective crews only, under the following restrictions and regulations, to wit : " That no provisions shall be supplied for their use and consumption by any other persons than their respective agent victuallers in this city, upon permits to be obtained by them respectively, from time to time for the purpose, from this Congress or the Committee of Safety ; which provisions shall not in any case, be put on board any boat for such supply as aforesaid, at any olher place than the ferry stairs near the Exchange in this city, and that in the presence of a port master to be appointed by this Con- gress or the Committee of Safety, who shall carefully in- spect the same, and compare the provisions with the per- mit, and keep an exact and particular account of the same, to be reported by him to this Congress or the Committee of Safety from time to time, when called for." Ordered further, That Elias Nexen be, and he is here- by appointed port master for and during the pleasure of this Congress, with an allowance at and after the rate of 18| dollars per month, for so long time as he shall conti- nue in the said service. Ordered further, That all communication between the said inhabitants and the said ship of his Excellency the Govr. be and is hereby prohibited, except with respect to his Honor the Lieut. Govr. the members of His Majesty's Council, the Surveyor-General, the Deputy Secretary of this Colony and his necessary clerks, and such other persons as shall from time to time have particular permits for the purpose from this Congress or the Committee of Safety; and except also such intercourse as may be necessary for supplying the Governor with the necessary provisions for himself and his family ; which supplies shall from time to time be sent from the said ferry stairs, and no other place, and that in the presence and under the inspection of the said port master, who shall keep exact and particular ac- counts of the same, to be reported as aforesaid ; and ex- cept also that the brewers supply the said three ships with 78 beer as usual, 'till further order of this Congress or the Committee of Safety. Col. McDougall informed Congress that Theophilus Hardenbrook is possessed of beds and quoins for the can- non in this city, which were made and procured by the Government of this Colony. That the said Theophilus Hardenbrook has refused to deliver the said beds and quoins to General Lee or his order, for the use of the Continen- tal army now here. Ordered, That Mr. Theops. Hardenbrook deliver to Genl. Lee or his order, all the beds and quoins for cannon, and all other implements or necessaries for cannon belong- ing to this Colony and now in his custody or care ; and that he give information to Genl. Lee or such other per- son as he shall order or appoint, of any beds, quoins, im- plements or other necessaries for cannon belonging to this Colony, not in his custody, as he knows of or can give information. And Ordered farther, That Theo. Hardenbrook deliver up the said beds and quoins, and other implements or necessa- ries, and give such information as above mentioned, upon oath if required. DIE LUN.E, a. m. Feb. 19th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Smith, Mr. Sands, Mr. Scott, Mr. Beekman, Col. Brasher, Col. McDougall — New-York. Col. Hay, Col. Allison — Orange. Mr. Covenhoven, Mr. Van Derbilt — Kings. Genl. Ten Broeck, Col. Nicoll, Mr. A. Yates, Mr. Gansevoort — Al- bany. Col. Ten Broeck, Mr. G. Livingston, Col. Humphrey, Col. M. Gra- ham — Dutchess. Mr. Moore — Tryon. Dr. Williams— Charlotte. Genl. Woodhull, Mr. L'hommedieu, Mr. Wickham, Mr. Hobart — Suffolk. Mr. Wisner, Mr. Rhea, Mr. Lefever, Mr. Delfit— Ulster. Dr. Graham, Mr. Paulding — Westchester. The members for Kings county represented that the committee of Kings county have wailed on Genl. Lee ; that he informed them lhat 400 men properly placed in Kings county will answer his purposes at present. That the said committee are of opinion that they may have great difficulty in finding empty houses or proper places for so many troops in any other way than by billeting some of them in families, which they are ready to do if they have the order of this Congress for the purpose. There- fore Ordered, That the committee of the township of Brook- lyn be authorized, and are hereby authorized to provide proper lodgments or quarters for such Continental troops, or any other troops in Continental pay, as Genl. Lee shall order, or think necessary to place there ; and if the said committee cannot otherwise conveniently provide proper lodgments or quarters for such troops, that they be and are hereby authorized to billet such troops in families in such manner as they shall think proper. Mr. Covenhoven informed the Congress that a person on board of the ship Asia, is indebted to Jno. Carpenter. That the said John Carpenter requests a permission to go on board of the said ship to obtain a bill of sale for a slave, or some other security for his said debt. Mr. Covenhoven therefore moved that a permit be given to the said John Carpenter, or his son John Carpenter, Junr. to go on board of the said ship Asia to obtain security for his said debt. Debates arose on the said motion, and the question be- ing put thereon, it was carried in the affirmative in manner following, to wit : 310 JOURNAL OF THE PROVINCIAL CONGRESS. For the affirmative. For the negative. Kings, 2 Dutchess, 2 Orange, 2 Suffolk, 2 Albany, 3 Tryon, 2 Charlotte, 2 — Ulster, 2 6 Mr. Rhea dissenting. 11 New-York and Westchester having some members out on duty, had not a quorum present in Congress. Therefore, Ordered, That Mr. John Carpenter, or his son John Carpenter, Junr. be permitted to go on board of His Ma- jesty's ship Asia, to obtain a bill of sale for a slave, or other security, from a person on board, who is indebted to him. Mr. McKesson informed the Congress that Mr. Saml. Lowden has, at sundry times, attended at the door, to re- quest a permission to go on board of the ship Asia, to re- cover a servant of his who has gone on board. Ordered, That Mr. Saml. Lowdon be permitted to go on board of His Majesty's ship Asia, in order to recover his servant, who is said to have gone on board of that ship. A letter from Benjamin Franklin, on behalf of the com- mittee of Philadelphia, dated the 13th instant, was read and filed, and is in the words following, to wit : "Philadelphia, 13th Feby. 1776. " Gentlemen — The bearer, John Grace, has the care of a ton of gunpowder, sent by the Congress to the Com- mittee of Safety at New-York. If he should need any ad- vice or assistance on the way, you will be so good, on his application, to afford it to him. " I am, genln. in behalf of the committee here, " With much respect, your mo. obt. hble. servt. " B. FRANKLIN. " To the Gentlemen of the Commmittees of Trenton, Brunswick and New- York." Col. McDougall informed the Congress that the said ton of gunpowder is safely lodged in the powder-house, at New-York. A letter from Adrian Bancker and Richd. Lawrence, Esqrs. the Deputies elected for Richmond county, was read and filed, and is in the words following, to wit : " Richmond county, Feb. 17th, 1776. " Sir — Yesterday evening we were favoured with yours, dated the 14th inst. enclosing the resolves of the Continen- tal Congress relative to the county of Richmond, whereby it is stipulated, that the Deputies and major part of the in- habitants shall first subscribe to the association entered into by the Colony, before a representation of this county can be accepted in the Provincial Congress. " Wherefore we take this early opportunity to inform you, that the association has been subscribed by us, and about g-ths of the inhabitants long since, which we shall be ready to lay before the Congress when called on. " Col. Herd's coming on the island with a large body of men to call the people to account for their inimical conduct towards the resolves of Congress, at this time, when many of them are coming into the measures, and the general cause gaining ground daily, we fear will be rather a hurt than otherwise. " We are of opinion, that it will be for the good of the common cause to stop the proceedings of the Jersey forces, in order to quiet the minds of the people. We would not be understood to dictate measures to that respectable body, (the Congress) to whose better judgment we willingly sub- mit. " We arc, with respect, sir, "Your mo. humble servants, " ADRN. BANCKER, " RICHD. LAWRENCE. " Signed per order. " To Robert Benson, Esqr. Secy. New-York. " Sir — Please to lay the above before the Congress the first convenient opportunity." A draft of an answer from the Secretaries, (by order of Congress,) to Adrian Bancker and Richd. Lawrence, Esqrs. was read and approved, and is in the words follow- ing, to wit : " In Provincial Congress, ) " New-York, Feb. 19th, 1776. \ " Gentlemen — Your favour of 17lh inst. was this day received and read in Congress. We are directed to re- quest your immediate attendance, and that you bring with you such proofs of a majority of the inhabitants of your county having subscribed the general association as will enable you to take your seats, pursuant to the resolution of the Continental Congress. " It was apprehended that Genl. Clinton on his depar- ture would attempt a landing on Staten island, for the pur- pose of making depredations, and carrying off the stock for the use of the ministerial army and navy ; to prevent any attempt of this kind, our Congress requested of the Pro- vincial Congress of New-Jersey to send Col. Herd, with his regiment, on the island, and lest he might not get there in time, the like request was afterwards sent to the committee of Elizabeth Town. The inhabitants of Rich- mond county may rest assured that those troops from New- Jersey were intended for no oiher purpose whatever, and on Saturday last orders were sent for their dismission. " We are, gentlemen, " Most respectfully, " Your very hble. servts. " By order. " To Messrs. Bancker and Lawrence, Deputies for Richmond county." Ordered, That the Secretaries subscribe and despatch the same. Col. McDougall informed the Congress that General Washington had, by letters, requested a quantity of shells and shot, and desired they might be forwarded ; that he had procured Capt. Proby to take those stores at a time when the weather was bad, and some risk in the convey- ance ; that £35 is due to Jacob Proby for that service. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of this Congress, pay to Jacob Proby the sum of £35, for transporting sundry ordnance stores from Turtle bay to New-London, by order of Gen. Washington ; and that Mr. Livingston take Capt. Proby's receipt for the same. Col. McDougall informed the Congress, that Major-Genl. Lee had ordered Capt. Silleck, in an armed vessel, of Con- necticut, down here with provisions ; that the said vessel is without gunpowder, and that Genl. Lee requests that a 100 weight of gunpowder may be delivered to Capt. Sil- leck for the use of the said vessel. Thereupon an order was given for his use in the word9 to wit : At a request of Major-Genl. Lee, communicated by Col. McDougall, " Ordered, That Mr. Norwood, Commissary of Stores for this Colony, deliver to Capt. Silleck 100 weight of gun- powder, for the use of an armed tender, (belonging to the Colony of Connecticut,) under his command." A return from the committee of Haverstraw, signed by John Coleman, their clerk, certifying that at a meeting of the company of militia at Cakiale, in the presence and un- der the inspection of Jacob Cole and Jonah Halsted, Esqrs. and Jacob Deronde and Thos. Halsted, of the committee, the following officers were elected, to wit : Reynard Quackenboss, capt., Garret Eckerson, 1st lieut., Jacob Ten Eyck, 2nd lieut. and Roger Osborn, ensign. Ordered, That commissions issue for those gentlemen accordingly. A letter and embargo from the committees of South- Hamplon, East-Hampton and Shelter island, was read and filed, and is in the words following, to wit : " The committees of South-Hampton, East-Hampton and Shelter island, convened at Sag-harbour, the 8th inst. humbly beg leave to address the honourable the Provin- cial Congress with the following memorial : following, JOURNAL OF THE PROVINCIAL CONGRESS. 311 " Gentlemen — In the strongest confidence of your be- nevolent purpose of raising and stationing an armed force, with sufficient ammunition, who, with our minute men and militia, may, at all events with Heaven's blessing, deliver and defend us from British attacks and ministerial ven- geance, we have in our low capacity, but in high spirits, presumed to the utmost of our power to embargo ; strictly prohibiting the sale and expoitation of all provisions on my pretence whatever until the 1st day of March ensuing, or until we have the sense of the Provincial Congress thereon. Now gentlemen, if your honourable house can condescend to our politics and think with us that it will best promote our great, our common cause, to retain the provisions which is now amongst us, rather than to per- mit them to be sold and exported, and consequently our ar- my supported with provisions purchased, and perhaps with great difficulty imported, when, as is menaced, our un- natural enemies shall invest us by land and sea ; we say, if you can adopt our sentiments, by all that is dear to true zealous sons of liberty, we beg you will not compel us to flee before our enemy, but detach to our defence such am- ple number of troops, sufficient in conjunction with our own, to answer this important purpose, and in your wis- dom continue and confirm the above mentioned embargo. " Signed, by order of the Committee, "MALTBEY GELSTON, Chairman. " P. S. The desire of this part of the county is, that some method be fallen upon to establish a post from New- York to the east end of this island, that we may be favour- ed with the earliest intelligence." Ordered, That Mr. L'hommcdieu call on Mr. Hazard the post-master, and endeavour to ascertain what revenue will arise from a post rider on Nassau island, and what will be the expense to the public of such post rider. Die Ltjnjs, 3 ho. P. M. Feb. 19lh, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Gen] . Woodhull, Prest. Mr. Beekman, Col. McDougall, Mr. Sands, Mr. Roosevelt, Mr. Scott — New-York. Mr. Rhea, Mr. Lefever, Mr. Dewit— For Ulster. Dr. Graham, Mr- Paulding, Major Lockwood— Westchester. GenL Ten Broeck, Col. Nieoll, Abm. Yates, Junr. Mr. Gansevoort — Jlbany. Col. Ten Broeck, Mr. G. Livingston, Major R. G. Livingston— For Dutchet. Mr. Moore — For Tryon. Genl. Woodhull, Mr. Hobart, Mr. L'hommedieu, Mr. Wickham — Suffolk. Col. Hay, Col. Allison— Orange. Dr. Williams— For Charlotte. Col. Hay having received advice that one of his children is so indisposed that his life is dispaired of, obtained on that account leave of absence. The petition of Wm. Cock and Thos. Cock, of Oyster Bay, in Queens county, was read and filed, and is in the words following, to wit : " To the honourable Provincial Congress of New-York, the petition of William and Thomas Cock, of Oyster Bay, in Queens county, Humbly Sheweth : "That we, your pelitioners, are inhabitants of said coun- ty, and that at the last election of Deputies for the Provin- cial Congress, we opposed the election of Deputies for said county, since which we are convinced of our error, and think it was absolutely necessary that there should be a representation of said county in Provincial Congress, and that your petitioners did not oppose the choice of said Deputies from any desire or inclination of injuring this country, but was owing entirely to error in judgment, and that your petitioners are ready to obey all orders and re- :ommendations of the Continental and the Provincial Con- gress. Your petitioners, therefore, desire that your ho- nourable body will take our case into consideration, and grant us such relief in the present case, as to you shall seem meet. "WILLIAM COCK, "THOMAS COCK. " Xew- York, Feb. 19th, 1776." On hearing the said petition read, and upon due consi- deration thereof, and considering that any former resolves of this Congress against the delinquents of Queens county were only intended to convince them of their error, and bring them to a just sense of their duty to the public, Ordered, That the said petilioners be restored to the state and condition in which they were before the passing of these resolves, during their respective good behaviours. Ordered, 1'hat the pelitioners have their petition and this order published in the newspapers. A return of field officers for the 1st regiment in Char- lotte county, signed by their clerk, was read and filed, and is in the words following, to wit : " At a general meeting of the county committee of Char- lotte, January the 25lh, 1776, it was unanimously agreed that Dr. John Williams be recommended to the Provincial Congress in New-York, for the colonel of the first bat- talion of militia for this county ; Mr. Alexander Campbell, of Argyle township, for lieutenat-colonel ; Messrs. Timo- thy Bewell, of Fort Miller, and Mr. Alexr. Webster, of Black creek, for majors ; Mr. Jonathan Baker, of Black creek, for adjutant, and Mr. Saml. Fuller, of Scheens- brough, quarter-master. " A true copy from the minutes, " ALEXR. WEBSTER, Clerk. "Precinct of Granville, Jos. Ingles, captain; Gideon Squires, 1st lieutenant ; 2d lieutenant. Black creek precinct, John Hamilton, captain ; Geo. McKnight, 1st lieutenant ; James Wilson, 2d lieutenant. Blank com- mission for a captain in Argyle township." Ordered, That commissions issue for those gentlemen, agreeable to that return. Ordered, That the nomination and recommendation to the Continental Congress, of gentlemen proper to be field officers of the four battalions to be raised in this Colony, be taken into consideration on Thursday next. A certificate of John Child and Peter Tappen, two of the committee of Poughkeepsie, was read and filed ; they thereby certify that John Tappen was duly elected en- sign in Capt. Jno. Schenck's associated company of militia of foot, of Poughkeepsie precinct, in Dutches county, in the place of Mathew Van Keuren, who had resigned. Ordered, That a commission issue for John Tappen ac- cordingly. Mr. Sands informed Congress that in their recess, four other members of the Committee of Safety and himself had advised and directed a boatman, from Queens county,, to sell three-fourth parts of the wood in his boat, that quan- tity being the property of whigs, and to carry back the other fourth part, as being the property of a tory. That Christopher Dyckinck had taken Mr. Sands's watch and detained it, on pretence that he had a right to have seized the said one-fourth part of the said wood, which he alleges was of the value of 40s. 6d.: Thereupon Ordered, That Mr. Christopher Dyckinck immediately attend the Provincial Congress, now sitting in the Assem- bly Chamber in the City Hall of the city of New- York. Mr. Christopher Duyckinck attended ; he agreed with Mr. Sands in all the material facts stated to the Congress, and endeavoured to justify his conduct on the 4th and 5th resolves of this Congress, against the delinquents in Queens county. After some considerable time spent in this business, Mr. Duyckinck alleged that he was not fully prepared to answer the subject, as the message of the House was unexpected : Therefore Ordered, That the farther consideration of this matter be postponed 'till Friday next, at 1 1 o'clock, and that Mr. Duyckinck attend again at that time. 312 JOURNAL OF THE PROVINCIAL CONGRESS. DIE MARTIS, 10 ho. a. m. Feby. 20th, 1776. The Congress met pursuant to adjournment. Phesf.nt — Brigadier-Genl. Woodhull, Prest. Mr. Beekman, Col. McDougall, Mr. Sands, Mr. Thos. Smith, Mr. Roosevelt, Col. Brasher, Mr. Scott, Mr. Van Zandt who immediately departed on business — New-York. Mr. Moore — Tryon. Col. Allison — Orange. Genl. Ten Broeck, Col. Nicoll, Mr. Yates, Mr. Gansevort — Albany. Mr. G. Livingston, Major R. G. Livingston, Col. P. Ten Broeck, Mr. Schenck — Dutches. Dr. Williams — Charlotte. Genl. Woodhull, Mr. Hobart, Mr. Wickham, Mr. L'hommedieu — Suffolk. Mr. Thomas, Major Lockwood, Mr. Paulding— Westohester. Mr. Rhea, Mr. De Witt, Mr. Lefever— Ulster. A letter from Major-Genl. Lee of this day was read and filed, and is in the words following, to wit : " New-York, 20th Feb. 1776. " Sir — I am just informed that the Asia and Phoenix have seized several provision vessels from the Jerseys. I must submit it to the Congress whether the compact is not to be considered as broke, and whether it is not our duty to withhold all further supplies. For my own part the measure of suffering ourselves to be plundered, and at the same time feeding our plunderers, appears a degree of low- ness of spirit which reflects dishonour, and must encourage the enemy still to take greater liberties. " I am, sir, your most obt. servt. " CHARLES LEE. " To Col. Woodhull, Prest. of Provincial Congress." A draft of an answer to Major-Genl. Lee, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, Feb. 20th, 1776. J " Sir — Your favour of this morning has been consider- ed by Congress, and they are of opinion that it is totally impossible to prevent the Asia and Phoenix from supply- ing themselves with provisions. They have received in- formation that the seizing of the vessels from the Jerseys is occasioned by the supplies from the agents in town be- ing stopped, and are apprehensive, if it be continued, that the town will be reduced to the utmost distress. While the navigation of Hudson's river is obstructed by the ice, our principal dependence for corn, provisions, fuei and hay, is from Connecticut and the Jerseys ; an embargo prevents the supplies from the one, and if we provoke the captains of the ships of war, by way of retaliation to prevent them from the other, the inhabitants will not only be destitute, but our commissary will be incapacitated from procuring the necessary supplies for the army now in town. You will please to consider that the ships of war have it in their power to seize all the provisions that they may find afloat, by which means they will have an opportunity of supply- ing the enemy at Boston. " By order. ' Major-Genl. Lee." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Another letter from Major-Genl. Lee was read and filed, and is in the words following, to wit : "New-York, Feb. 19th, 1776. " Sir — As it is established in camp to allow all fatigue men a gill of rum each, I take the liberty to recommend to the Congress to make the same allowance. " I am, sir, with the greatest respect, " Your mo. obt. servt, " CHAS. LEE. "To Col. Woodhull, Prest. of the Provincial Congress." The consideration thereof is postponed 'till the after- noon. Mr. John Murray solicited a permit to go board of the Dutches of Gordon to settle some accounts. " Ordered, That Mr. John Murray be, and he is hereby permitted, to go on board of the ship Dutches of Gordon, on board of which Govr. Tryon resides. " To Mr. Elias Nixon, Port-Master." Die Martis, 3 ho. P. M. Feb. 20lh, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, Prest. Mr. Scolt, Mr. Sands, Mr. Van Cortlandt, Col. Brasher, Col. McDou- gall — New- York. Mr. Rhea, Mr. Dewitt, Mr. Lefever— Ulster. Mr. Allison— Orange. Genl. Ten Broeck, Col. Nicoll, Mr. Yates, Mr. Gansevort — Albany. Mr. G. Livingston, Col. Ten Broeck, Mr. Schenck— Dutchess. Dr. Williams — Charlotte. Genl. Woodhull, Mr. L'hommedieu, Mr. Wickham, Mr. Hobart— Suffolk. Col. L. Graham, Major Lockwood, Mr. Thomas — Westchester. Mr. Moore— Tryon. Major-Genl. Lee, by his letter of the 19th, received and read this morning, informed Congress that it is established in camp to allow all fatigue men a gill of rum each ; he re- commended to the Congress to make the same allowance. The Congress took the same into consideration. There- upon, Ordered, That the respective commissaries of provi- sions, appointed by this Congress, issue one gill of rum per day for each man on fatigue, to the respective quarter- master of such troops now in the city, as are not otherwise provided for. A letter from Lord Stirling, bearing date this same day, requesting the loan of money, was read and filed, and is in the words following, to wit : " New-York, Feb. 20lh, 1776. " Sir — When I arrived in this town with my regiment I expected to have found a Continental commissary of pro- visions here, who would have furnished them provisions and firewood, and other necessaries, but as no such officer is here, I ordered my quarter-master to provide provisions agreeable to the rations allowed by Congress ; this he hath hitherto done with his own money ; but as that is already exhausted, 1 am under the necessity of asking the favour of the Congress of this Province to advance him, as a loan, as much money as will be necessary for this purpose, 'till another provision be made by the Continental Congress, to whom I have wrote to regulate this matter as soon as pos- sible. " I am, sir, your most humble servant, " STIRLING. " To the President of the Congress of the Province of New-York." A letter from Col. Swartwourt dated this day, enclosing returns of such companies of his regiment as are present on duty, was read and filed, and is in the words following, to wit : " New-York, 20th Feb, 1776. " To the Honble. Provincial Congress at New- York. " Gentlemen — By the within enclosed returns yoi will see that those captains in town of my regiment hav< small companies, but at the same time nigh a full sett o officers. I expect the following captains, to wit, in hourly Capt. Woodford from Pauling's precinct, Capt. Ludintoi from Frbh. precinct, Capt. Clearck from Beekman's pre cinct, Capt. Darling from Rumbout precinct. Should i be the same case with the last mentioned companies t have so few men and officers complete, it will be neces sary for your Honble. Board to fall on some plans eilhc by sending to the several colonels of militia of our county t draft a sufficient number of men to fill the within met tioned companies, or by reducing the officers to a propi number. If you should judge the latter to be best, probab it would suit many of the officers to return to their fam JOURNAL OF THE PROVINCIAL CONGRESS. 313 lies, as it answers no good purpose to have so many offi- cers, when so few men, but on the contrary create great cost, as it is natural to expect where troops are ceap, there will be disorders attending them. As we have no doctor for said regiment, should be glad that Dr. Tappen might be appointed for that purpose, as we have an over plenty of officers. I have no other view in writing the foregoing than to acquaint you with the state of the regiment. " I am, gentlemen, your very humble servt. "JACOBS. SWART WOUT, Colonel" The returns of the companies of Col. Swartwout's men, were read and filed, and are in the words following, to wit : * Jacobs. Swartwout, Col. a in (A Lieut. Col Major. a '3 c OS a a 0) nsigns. iigeant: orporal rum an rivates. -3 01 t-r 0> tfl 01 lerk. O W O Q Ph Q o 1 2 2 2 34 Captain Barnum, 1 2 i 3 2* 1 27 1 1 2 l 4 2 1 18 i 3 6 2 9 4 4 79 10 1 Ordered, That the said letter and returns be referred to and committed to the committee of war. A draft of an answer to Lord Stirling, was read and approved, and is in the words following, to wit : " In Provincial Congress, ) "New-York, 20th Feb. 1776. $ " My Lord — It gives this Congress pain to be obliged to declare their inability to supply your quarter-master with the loan of money for subsisting the troops under your command, until the Continental Congress shall regulate that matter. The Continental drafts on our treasury for large advancements, properly within our department, ex- hausts it as fast as its supplies come in, and we find ourselves under an absolute necessity of looking narrowly into the application of our issues, lest our treasury should be de- ficient to answer the proper calls on it. We doubt not that the Continental Congress will at your request make speedy provision for the subsistence of your battalion. Permit us to hint that we think a provision in the interim will more properly be made by the New Jersey Congress, now sit- ting so near this city. " And to assure you that we are, my Lord, " Your Lordship's most obdt. hble. servts, "By order of Congress. « The Right Honble. the Earl of Stirling." Ordered, That the said letter be engrossed, and signed by the President, and transmitted. A letter from Genl. Washington of the 10th inst. was read and filed, and is in the words following, to wit : " Cambridge, February 10th, 1776. " Sir — Being in the greatest want of arms at this alarm- ing and important crisis, for the army under my command, and without the most distant prospect or hope of getting more from these governments than what I already have, I beg leave to solicit the favours of your Committee of Safety in this instance, and earnestly request that they will use their exertions to get and send to me in the most ex- peditious manner, all that they can possibly procure. I imagine that there are several belonging to the Colony, and have been informed of many tories being disarmed, and therefore expect that it will be in their power to obtain me a considerable supply. Whatever quantity is sent me I will take on the Continental account, and make payment for with the expenses incident to their transportation. " This application being founded in necessity and arising from the exigency of our affairs, I make no doubt will meet your most ready and early attention, and that nothing * The above compiled or combined from scraps or loose materials Febry. 8. The return of Schenck and Barnum since found and are correct, Febry. 19th. 79 will be wanting on your part to give me the most speedy relief. " I am, sir, you most humb. servt. " GO. WASHINGTON. " P. S. I wish to have only such arms as are good and serviceable, and shall be glad to have bayonets with them. G. W. " To Pierre Van Cortlandt, Esquire." A draft of an answer to Genl. Washington, was read and approved, and is the words following, to wit : '■' In Provincial Congress, > " New-York. Feb. 20th, 1776. \ " Sir — The Congress have just now received your let- ter of the 10th inst. directed to the Chairman of our Com- mittee of Safety. They are extremely sorry they have it not in their power to supply you with the article you men- tion, as the army raised here last summer have entirely drained them of the arms belonging to the Colony, which have never been returned, and the more as they are by or- der of Congress now levying 5 new regiments, one for the defence of Canada, and four for defending this Colony and preventing depredations on Long island, whom they sup- pose will chiefly be destitute and obliged to be supplied by them ; and with respect to the arms taken from the tories in this Colony, they inform you are neither in their poses- sion or at their disposal, hence you will perceive that they cannot give you any relief, which they would most cheer- fully do was it in their power. " We are, sir, your mo. hble. servants, " By order. <: General Washington." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Peter T. Curtenius delivered in an inventory of hospi- tal and other stores taken out of the lower barracks by or- der of this Congress, which was read and filed, and is in the words following, to wit : " Inventory of sundry stores taken out of the lower barracks by order of the Provincial Congress, vizt : 6,736 osnaburgs sheets, new, 300 do old, 140 white sheets, new, 20 do old, 92 check sheets, new, 1 empty medicine chest, 1 chest with lint, 3 boxes with tow, 370 pillow cases, osnaburgs, new, 120 bolster cases, do 725 wooden bowls, 556 do trenchers, 1,700 do spoons, 1 large copper kettle, 22 earthen chamber pots, 160 old moth eaten blankets, most of them fit for nothing but making cartridges for the field pieces, 4 camp colours, 125 boxes candles, delivered me by Mr. Norwood ; they weigh upon an average, about 451b. each, 6,625 lbs. ,; Taken this 19th February, 1776. " PETER T. CURTENIUS, " Commissary." Ordered, That Col. Curtenius preserve those stores, or such of them as are now in his custody, with particular care, for the use of a hospital ; and that he do not part with or deliver out any of those stores by any order what- ever, unless by an order of the Committee of Safety of this Colony, and that only for the use of a hospital, or by the order of the Provincial Congress of this Colony. The members from the city and county of Albany in- formed the Congress that sundry mistakes were made through haste by the county committee and field officers in arranging the regiments of militia in that county, where- by many companies were very inconveniently placed un- der field officers at a distance from them, and in other in- stances, companies out of one vicinity placed in different regiments. That a more convenient arrangement of the militia of that county is now made, but to carry it into ex- ecution, it will be necessary to have some of the commis- 314 JOURNAL OF THE PROVINCIAL CONGRESS. sions altered, and new commissions issued in other instan- ces, of all which alterations, amendments and arrange- ments they have now produced a complete form or list. Ordered, That all the amendments and alterations be made, and such new commissions issued as will be neces- sary to complete the arrangement of the militia of the county of Albany. A letter from Wm. Smith, Esqr. chairman of the com- mittee of Suffolk county, dated the 24th Jany. last, and which was received by the Committee of Safety, was read. They thereby recommend field officers for their regi- ment of minute men, to wit : Josiah Smith, col. ; John Hulbert, lieut. col. ; Isaac Reeve, 1st major ; Jonathn. Baker, 2d major ; Isaac Overton, adjutant, and Ebene- zer Dayton, quarter-master. Ordered, That commissions issue to those gentlemen accordingly. A return from Lewis McDonald, James Raymond, Pe- ter Flemming and Marcus Mosenell, committee men of Harrison's precinct in Westchester county, with a certifi- cate of Wm. Miller, deputy-chairman, was read ; they return the officers elected in a company of minute men in Col. Drake's regiment, to wit : Hezekiah Gray, capt. ; Corns. Clark, 1st lieut.; James Miller, 2nd lieut. and Isaac Titus, ensign. Ordered, That commissions be immediately issued for those gentlemen, and they were issued accordingly. On motion of Lieut. Col. Graham, Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, pay to Samuel Drake, Esqr. colonel of the regiment of minute men from Westchester county, now in the Continental service, by order of Major-Genl. Lee, the sum of £100 on account of the pay of his regiment. A letter from Major Robert Rogers was read and filed ; he thereby prays that this Congress will be pleased to give him a permission to go on board the ship Dutches of Gor- don, on private business with Govr. Tryon. A letter of the 9th inst. from Zephaniah Piatt, chair- man of the committee of Poughkeepsie, was read and filed, and is in the words following, to wit : " Poughkeepsie, Feb. 9th, 1776. " Gentlemen — Enclosed you have a letter to Congress in answer to one from the Committee of Safety of 26th ulto. informing that 4 regiments are to be raised for the de- fence of the Colony, and desiring to know what number of men can be speedily raised and armed in the county. For the reasons mentioned in our letter, you will observe that we have resolved that only 3 companies can be com- pleted ; however, we conceive that if it was stipulated that these troops are to remain within the Colony, we would furnish a greater number of men, as many would in such case enter in the service who would otherwise be deterred through fear of being sent upon distant disagree- able service ; for this reason we would wish you would, if you conveniently can, acquaint us with the particular destination of those regiments, and how far we may ven- ture to engage with officers and men, that shall not be obliged to march out of the Colony. We are directed to inform you that the committee recommended Mr. Robt. Freeman for the commission of 2nd major in Col. Suther- land's regiment, vacant by the resignation of Mr. Canto- lin ; you will please to procure and transmit us his com- mission as soon as possible. " We remain your very hble. servants, "By order of the committee of correspondence, " ZEPHEMAH PLATT, " Chairman." Ordered, That a commission be issued to Mr. Robert Freeman, as second major, and transmitted with all con- venient speed. DIE MERCURII, 10 ho. a. m. Feb. 2\st, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Gcnl. Woodliull, Prest. Mr. Sands, Mr. Smith, Mr. J. Van Cortlandt, Mr. Roosevelt, Mr. Beekman, Capt. Rutgers — For New-York. Mr. Dewitt, Mr. Lefever, Mr. Rhea— Ulster. Genl. Ten Broeck, Col. Nicoll, Mr. Gansevort, Mr. Yates— For Al- bany. Mr. G. Livingston, Major R. G. Livingston, Col. P. Ten Broeck— Dutches. Dr. Williams — Charlotte. Genl. Woodhull, Mr. Wickham, Mr. L'Homraedieu, Mr. Hobart— For Suffolk. Major Lockwood, Mr. Thomas, Mr. Paulding— Westchester. Mr. Moore— Tryon. The committee of the city of New- York, in pursuance of the order of this Congress of the ] 3th inst. returned that they had caused an election to be held at the City Hall on the 20th inst. for seven Deputies to serve in this Provincial Congress with the other Deputies of the city and county of New-York. That thereupon Messrs. Adri- an Rutgers, Abm. P. Lott, Is. Sloutenburgh, Evert Banck- er, Thos. Randall, Saml. Prince and Wm. Denning were duly elected. Ordered, That the said return be filed, and that those gentlemen be requested to take their seats immediately. Mr. Hobart, from the committee of war, to whom was committed the letter from Col. Swartwout, and the returns of his regiment made yesterday, delivered in their report, which was read and filed, and is in the words following, to wit : " The committee of war having taken into consideration Col. Swarlwout's letter of the 20lh inst. with the returns of the several companies of his regiment now on duty in this city, and finding that there is by much loo great a pro- portion of officers for the men already here, and that it will probably be the same case with the companies now on their march to join the regiment, are of opinion that Col. Swart- wout be directed to appoint a proper number of officers to the several companies, according to the regulations for the mi- litia ; and that he order the supernumerary officers to return, with all possible despatch, to the county, in order to com- plete their companies. " 2dly. That where any officer of a minute company shall be unable or refuse to engage in this service, he be directed to supply their place by officers of the same rank from the militia. " 3dly. That the men be enlisted to continue in the ser- vice till the first day of May next, unless sooner dis- charged.'" Mr. Thomas Smith moved, and was seconded, for the following amendment, to wit : that the third resolve be ob- literated. Debates arose on the said motion, and the ques- tion being put thereon, it was carried in the affirmative, in the manner following, to wit: For the affirmative. For the negative. Westchester, 2 Dutches, 2 New-York, 4 G. Livingston dissenting. Charlotte, 2 Tryon, 2 Suffolk. 2 Ulster, 2 Albany, 3 Dewit dissenting. 13 6 Resolved, therefore, That the said third direction in thi said report be obliterated. The first and second directions in the said report beini read a second time, the Congress agrees with their con mittee thereon. Mr. Van Zandt suggested to the Congress that it is al solutely necessary that Andrew Elliott, Esqr. collector this Colony, have permission to go on board of His Exce lency's ship as occasion may require, in order to let th JOURNAL OF THE PROVINCIAL CONGRESS. 315 trading vessels of this Colony be despatched, the Governor having refused to sign any papers from the custom-house unless the collector is present. Thereupon, Ordered, That Andw. Elliot, Esqr. collector of the port of New-York, be, and he is hereby permitted to go on board of His Excellency Govr. Tryon's ship, at any time at his pleasure, until the further pleasure of this Congress or of the Committee of Safety. Col. Peter T. Curtenius requested to know to whom he shall deliver the last made intrenching tools. Ordered, That Mr. Curtenius inquire if Mr. Hugh Hughes has obtained a commission, as a Continental com- missary of artillery stores, and if he has such Continental commission, that then he deliver the said intrenching tools to Mr. Hughes, otherwise that he deliver them to Richd. Norwood. It being suggested to the Congress that His Excellency Govr. Tryon is indisposed, and that Dr. Middleton is his physician, Ordered, That Dr. Middleton be permitted to go on board of the ship in which His Excellency resides, at any time until the further order of this Congress or the Com- mittee of Safety. Mr. Abraham Livingston, who was lately appointed a commissary for a considerable number of troops, came and coming into this city, attended and was admitted into Con- gress ; he informed the Congress that he has purchased and contracted for provisions to the amount of £2,100. There- fore, Ordered, That P. V. B. Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, advance to Abra- ham Livingston, Esqr. as commissary for sundry Conti- nental troops now in this city, the sum of £2,100 on acct. and take a receipt for the same. Mr. L'hommedieu reported that Wm. Richie had con- tracted with Beriah Norton, a colonel and commissary of some Provincial troops, stationed at Marlin's Vinyard, to furnish 40 barrels of pork, and 40 barrels of beef, with some other articles ; that he has obtained a permit from the sub- committee of the city of New-York, to purchase those articles, and charter a vessel ; that he has bought the pro- visions in Westchester county, and by reason of a resolve and order of the Committee of Safety of the 10th inst. prohibiting exportation from thence out of the Colony, he cannot get the provisions from thence. Ordered, That Mr. Wm. Richie be permitted by the committee of Westchester county, to transport the said 40 barrels of pork, and 40 barrels of beef, and no more, out of Westchester county, the resolution of the Committee of Safety of this Colony on the 10th instant, to the contrary notwithstanding. Adjourned. Die Merctjrii, P. M. Feb. 2\st, 1776. The CongTess met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Beekman, Mr. Rutgers, Mr. Prince, Mr. Bancker, Capt. Rutgers, Col. McDouaall, Col. Lott, Mr. Sands, Mr. Roosevelt, Mr. Smith, Mr. Van Zandt— New-York. Genl. Ten Broeck, Mr. A. Yates, Mr. Gansevoort, Col. Nicoll— For Albany. Genl. Woodhull, Mr. Hobart, Mr. L'hommedieu, Mr. Wickham — Suffolk. Col. Allison — Orange. Mr. Moore— Tryon. Mr. Dewit, Mr. Lefever, Mr. Rhea, Col. Palmer— Ulster. Mr. Paulding, Major Lockwood, Mr. Thomas — Westchester. Mr. G. Livingston, Col. Ten Broeck, Col. Humphreys, Mr. Schenck —Dutches. Mr. Covenhoven, Mr. Van Derbilt — Kings. Col. Williams— Charlotte. A draft of a letter to the committee of Elizabeth Town, relating to persons taken from Staten island, and confined there., was read and approved, and is in the words follow- ing, to wit : " In Provincial Congress, ) "New-York, Feb. 21st, 1776. S " Gentlemen — Complaint has been made to us, that Isaac Decker, Abm. Harris and Minne Burger, inhabitants of Richmond county, are confined in jail, under the direc- tion of your committee in the borough of Elizabeth, and that Richard Conner, Esqr. is bound under a penalty to appear before your committee. " We know not by whose directions they were appre- hended. By the regulations of the Provincial Congress of this Colony, all persons charged with any conduct inimical to the United Colonies, or transgressing any resolves, rules or regulations of the Continental or Provincial Congress, are in the first instance to be tried by the county commit- tee of the county in which such delinquents reside. We therefore earnestly request that the several persons above named, with all charges and proofs you have or may know of against them respectively, may be returned to the coun- ty committee of Richmond county, to be put upon their trials. " We. are, respectfully, gentn. " Your very hble. servts. " The Chairman and Members of the Committee of Elizabeth Town." Ordered, That the same be engrossed, and transmitted. A draft of a letter to the committee of Richmond county on the same subject, was read and approved, and is in the words following, to wit : " In Provincial Congress, } " New-York, Feb. 21st, 1776. J " Gentlemen — We have, by a letter of this date, re- quested the committee of Elizabeth Town, to return to the county committee of your county, Richd. Conner, Esqr. Isaac Decker, Abm. Harris and Minne Burger, inhabitants of your county, to be respectively put upon their trials, and return to you any charges and proofs against them, that they have or may know of against them, or either of them, with respect to any conduct inimical to the United Colonies^ or the having transgressed any resolves, rules or regula- tions of the Continental or Provincial Congress, or either of them. " We request you to put those persons on their trials, and if they or either of them should be found to have trans- gressed in any manner, we doubt not you will do strict and impartial justice ; and make report to this Congress of your proceedings in the premises. " We are, gentlemen, " Your very humble servts. " By order. " To the Chairman of the Committee of Richmond county." Ordered, That the same be engrossed, and transmitted. A letter from Genl. Schuyler, at Albany, dated Feb. 15th, 1776, on the subject of the Canada regiment to be raised, was read and filed, and is in the words following, to wit : " Albany, February. 15th, 1776. " Gentlemen — I have the honour to acknowledge your favour of the 31st ulto. which was delivered me on the 12th, by Messrs. Jadwin and Giles, together with 12,500 dollars for which I have given them a receipt. " If I do not misapprehend the resolution of Congress, for levying troops for the Canada service, the raising of Col. Van Schaick's regiment, is recommended to you, as well as the providing them with the necessaries to enable them to take the field. I have neither arms, blankets or clothing. These ought to be immediately procured. " I enclose you a copy of my letter to the general com- mittee of this county, which sits to-day ; by that you will see what I propose to do. The nomination of such officers as may be wanted, I must leave to that body, which as it is composed of gentlemen from every part of the county, is more able to judge of those who are likely to raise the men than I can be. " My nephew, Peter Schuyler, a young gentleman of 316 JOURNAL OF THE PROVINCIAL CONGRESS. about 30 years of age, wishes to be employed in some of the regiments to be raised in this Colony, as a field officer. I should be happy, (provided he can be recommended without injuring others that may have a better claim, or giving umbrage.) " I am, gentlemen, " With much respect and esteem, " Your most obt. hble. servt. " PH. SCHUYLER. " The Committee of Safety of New-York." A copy of a letter from Genl. Schuyler on the same sub- ject, to the committee of Albany, was read and filed, and is in the words following, to wit : " Albany, Febry. 14fA, 1776. " Gentlemen — On the 12th inst. I was honoured with a letter from the Committee of Safety of this Colony, da- ted the 31st ulto. extracts of which I enclose you, together with copies of sundry resolutions of the Honble. Continen- tal Congress. " You will perceive by the resolutions of Congress, that the raising of Col. Van Schaick's regiment was a service intended for the Provincial Congress, or Committee of Safety ; but since they have sent me the money, and that the delay which must necessarily be occasioned by refus- ing my intervention, may be very prejudicial to the service at this advanced season, I will readily, with your assis- tance, undertake the business, provided you judge it prac- ticable to complete the regiment in this quarter. If not, I would only issue warrants to such officers as served in that corps last campaign, and are willing to re-engage, which, together with such other officers (of which enclose a list,) to whom warrants were issued for raising troops without designing them particularly for any regiment, (and three of which have already enlisted near three companies,) will, I apprehend, nearly complete the number of officers ; a list of which I would transmit to the Colony Congress, that they may be sufficiently informed to appoint the re- mainder. " Col. Van Schaick has my orders to inform himself which of his officers on this side of Canada will re-engage. Those in Canada will be provided for there. " I am, gentn. with respect and esteem, " Your most obt. hble. servant, "PH. SCHUYLER. " Committee of the City and County of Albany." A letter from Col. Curtenius was read and filed, and is in the words following, to wit : " Gentln. — Mr. Halsted, Q. M. of the Jersey regi- ment, has applied to me for 344 wooden bowls, 12 pair sheets for the hospital, and 344 wooden spoons ; also a few old blankets for the sick. I should be glad to have a writ- ten order for them. " I am, gentn. your most obt. servant, "P. T. CURTENIUS. " Feby. 2Ut, 1776. •' To the Provincial Congress, New- York." Thereupon Ordered, That Col. Curtenius deliver to the quarter-master of the Jersey regiment 24 bowls, 24 wood- en spoons, 12 pair of sheets and a few old blankets, for the sole and only use of the sick in the hospital, and that he take a receipt for the same for that purpose. Ordered, That Mr. Van Zandt, Mr. Beekman, Mr. Sands and Capt. Denning, be a committee to examine and state all the accounts, disbursements and payments made by the Treasurer of this Congress ; that they make par- ticular distinction between Continental and Provincial charges ; that they be authorized to call to their assistance Mr. Gerard Bancker and Col. Curtenius, when necessary and to employ at the expense of this Congress one or more such clerks as they shall think necessary, and that they report their proceedings with all possible despatch. Ordered, That Mr. Evert Bancker be auditor of ac- counts in the stead of Mr. John Ray. Mr. Zacharias Sickles, having a parcel of bags at Nut- ten island, it is suggested that he cannot go there for them without a pass from this Congress. Ordered, That Mr. Z. Sickles be permitted to go over to Nutten island in any boat that he may think proper. Col. Palmer, attending as a member from Ulster, where- by that county will have a quorum without Mr. Dewit, Ordered, That he have leave of absence. A return, signed by Thomas Thomas and William Mil- ler, of Westchester county, was read and filed. They thereby certify that at a meeting of the troop of West- chester county, held at the house of Wilsey Dusenbury, in Harrison precinct, the following gentlemen were elected officers, to wit : " Saml. Tredwell, capt.; Thaddeus Avory, lieut. chosen unanimously, and that Abrm. Hatfield was chosen cornet, and Uytendall Allaire, quarter-master, each chosen by a ma- jority. Ordered, That commissions issue for those gentlemen. A return of officers of a company of minute men at Sa- ratoga, in the county of Albany, signed by Ebenezer Mar- vin, chairman of the committee, and dated the 12th instant, was read and filed. They thereby return the following persons for officers of the said company, vizt : Alexander Baldwin, captain ; Samuel Bacon, 1st lieut.; Walter Hewit, 2d lieut. and Elias Palmer, ensign. Ordered, That commissions issue to those gentlemen. A return signed by Abm. P. Lott and Peter T. Curte- nius, two of the committee of the city and county of New- York, dated the 1st Feb. 1776, of three officers being duly elected for a company in beat No. , in the city of New- York, to wit : Isaac Johnson, 1st lieut.; John Lyner, 2d lieut.; Geo. Quedou, ensign. Ordered, That commissions issue to those gentlemen, and they were issued accordingly. Col. McDougalPs motion of yesterday, for the emission of the further sum of £55,000, Provincial currency, for the exigencies of this Colony, and to be sunk at different periods, and which, by consent without being entered, was postponed to this day, was reassumed. Thereupon, Ordered, That Mr. Roosevelt, Mr. Gilbt. Livingston, Mr. Gansevort, Thos. Smith, Esqr. and Col. Lott, be a committee to report a plan for the emission of £55,000. DIE JOVIS, 10 ho. a. m. Feby. 22nd, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Col. Lott, Mr. Roosevelt, Mr. Beekman, Mr. Smith, Capt. Rutgers, Major Stoutenburgh, Mr. Bancker, Mr. Rutgers, Mr. Prince, Mr. Van Zandt, Mr. Sands— New- York. Col. Allison, Mr. Haring — Orange. Col. Nicoll, Mr. Gansevort, Mr. Abm. Yates, Genl. Ten Broeck— Al- bany. Mr. Dewit, Mr. Rhea, Mr. Lefever, Col. Palmer— Ulster. Mr. Thomas, Major Lockwood, Mr. Paulding — Westchester. Mr. Moore — Tryon. Genl. Woodhull, Mr. Wickham, Mr. Hobart, Mr. L'hommedieu— Suffolk. Major Livingston, Mr. Gilbt. Livingston, Col. Ten Broeck, Mr. . Schenck — Dutches. Mr. Covenhoven, Mr. Van Brunt — 'Kings- Co]. Williams— Charlotte. The order of the day for recommending to Continen- tal Congress field officers for the 4 battalions to be rais- ed in this Colony, being read, the same was postponed 'till the afternoon. A draft of a letter to the Delegates of this Colony at Continental Congress, was read and approved of, and is in the words following, to wit : " In Provincial Congress, £ " New- York, Feby. 22d, 1 776. ) " Gentlemen — We are now to acknowledge the receipt JOURNAL OF THE PROVINCIAL CONGRESS. 317 of yours of the 11th inst. covering the resolution of Con- gress relative to the inhabitants of Richmond county, and notifying us of your having obtained a warrant in our fa- vour on the Continental Treasurer for 12,000 dollars, which will, in some measure, enable us to raise the four batta- lions intended for the immediate protection and defence of this Colony. " It is agreeable to us that you deduct out of the money made payable by that warrant, what may be due to you as Delegates, agreeable to the resolution of this Congress ; and we beg you to transmit the residue, with a state of your respective accounts and receipts, to our Treasurer as his voucher. " We are, gentlemen, with esteem, " Your mo. obt. servants, " By order. " To the New-York Delegates in Continental Congress." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. John Hastier, mate of the ship Sally, whereof Capt. Badgley was late master, has requested permission to go on board of the said ship Sally to obtain his clothing, bed- ding, and other necessaries from on board, (as she is to proceed to Boston.) Ordered, That the said John Hastier be permitted to go on board of the ship Sally for the purposes aforesaid. A memorial of Capt. Danl. Griffin, Capt. Jno. Johnson and 13 other officers, was read and filed, and is in the words following, to wit : " To the Honble. Provincial Congress of the Colony of New- York, now sitting in this city : " The memorial of several of the officers in the service of the United Colonies, by appointment of this Colony, for the duty of the year 1775, in the northern army, shew- eth, " That your memorialists, having been called upon early in the present contest, have willingly obeyed the summons and cheerfully entered upon any command or duty assign- ed them, in full expectation of being on the same footing with the other Continental troops, raised for the general defence : And whereas, by good authority, we are in- formed that the allowance given the eastern army for offi- cers' subsistence is much more than that received by your memorialists, humbly request that the commissaries may be ordered to pay us the difference of rations, having some of us received but one ration, and others no provi- sions since we entered the service ; whereas the captains in the eastern army have, from the first of July last, re- ceived three and the subalterns two, whereby discontents are arising to the prejudice of that service, where harmony is essential for executing the purpose intended. " That your memorialists being informed an additional number of troops are to be raised in this Colony, for the Continental service, beg leave to remind this honourable House of the services rendered the public by them and other officers in the late year, hoping that the appointment may be such as will not supersede any officer who served with approbation and merit the late campaign, not doubt- ing but this House will pay a proper attention in the same. We mean not to dictate, but, from a tender concern for the character and honour of our absent brethren, we are con- strained to offer our sentiments thereon, lest, for want of information, an unintended wound may be given to that delicacy which inspires the breasts of soldiers, and in a great measure urges them to noble deeds, and carries them through the fatigues and dangers in the field ; and we must add, that a soldier without a due sense of honour, will not only be very unhappy in corps he may serve in, but sure- ly can not be entrusted with the defence of the honour, or interests of the public. "Your memorialists, relying on the candour of this House, beg leave to sign, in behalf of our absent brethren, praying as our dutv is for the preservation of our valuable 80 Captains. Jacobus Wynkoop, Nathl. Woodward, Benjn. Ledyard, Elias Haasbrouck, Jacobus Rosekrans,, Thomas Lefoy, j) Jas. M. Hughes, > Lieuts. rights and privileges, and for those who have direction of public business for that end. " Danl. Griffen, 11 John Johnson, " John Hulbert, " John Grenell, " Andw. Billings, " Benjn. Marvin, " Wm. Brown, " Abm. Riker, " New-York, Feb. 21st, 1776." The Congress are of opinion that the first part of the memorial would be a proper subject of application to Ma- jor-Genl. Schuyler and Walter Livingston, Esqr. but not to this Congress, and that the latter part of the memorial is already answered by a resolve of this Congress of the 15th inst. Anthony Post, captain of a company of artificers, de- livered an estimate of the tools necessary for each carpen- ter in his company, and alleges that it will save public mo- ney to direct the carpenters to furnish their own tools, and to increase their wages from 10 to 13 dollars per month. Ordered, That Mr. Prince, Mr. Rhea and Mr. Palmer, or any two of them, be a committee to consider of and re- port thereon with all convenient speed. A letter from the Honble. John Hancock, of the 20th inst. was read and filed, and is in the words following, to wit : " Philadelphia, 20th Februy. 1776. " Gentlemen — I have the honour to enclose you sun- dry resolutions of Congress, by which you will perceive their determination as to the works on Martler's rock, that no additions be made but that those already effected there be supported and garrisoned. You will please to order the execution of the works recommended by Congress in the enclosed resolves, to which [I] beg leave to refer you. " The Congress have directed Genl. Lee to repair to Canada, to conduct the military operations in that quarter, and as battering cannon are much wanted there, they have ' ordered him to request you to supply him with some suita- ble pieces, and mortars if possible, with shells, balls, " New-York, 22nd Feb. 1776. C " Gentlemen — This Congress earnestly solicitous to do the strictest justice to those worthy gentlemen who so readily turned out in the service of their country the last campaign, and being entirely uncertain what promotions have been made by the Continental Congress, or any act- ing under their orders, among the officers who served in the troops raised by this Colony, take the liberty to en- close to you the rank roll of our 4 regiments, requesting that you by the first post will inform us what promotions have been made, that we may be in a capacity to nomi- nate to the Congress two gentlemen for each field officer of the 4 battalions ordered to be raised by this Colony, You will easily perceive that unless we are furnished with such account, we may neglect some gentlemen whose ser- vices may be of the utmost importance to their country. " We are, gentn. with the greatest esteem, " Your very hble. servants, " By order. " To the New-York Delegates in Continental Congress." A draft of a letter to Major-Genl. Schuyler, was read and approved, and is in the words following, to wit : " In Provincial Congress, ) " New-York, Feby. 22nd, 1776. $ " Sir — We are ordered by the Continental Congress to provide for the officers who served in Canada the last campaign, and understand that some of those officers have been provided for by that honourable body. We should take it as a favour that you would inform us who those persons are, that we may be enabled to make a proper arrange- ment of the officers to command the regiments we are to raise. We are sorry to inform you in answer to your let- ter of the 15th inst. that we are unable to supply Col. Van Schaick's regiment with any arms, blankets or clothing, having by no means a sufficiency for the equipment of those troops we are to raise. We highly approve of your application to the committee of Albany for the nomina- tion of officers for Col. Van Schaick's regiment, at the same time shall give you every assistance in our power. We concluded that there was a large number of arms lodged at Albany, as but few of our soldiers have brought back their arms, many of which belonged to this city, and we expected to have them to put into the hands of the troops to be raised in this Colony, and should be glad to know what is become of those arms. " As soon as we can procure the necessary information of the officers provided for in Canada, we shall nominate the field officers for the regiments we raise, when the no- mination of the young gentlemen you mention will be ta- ken under consideration. " We are, sir, with the greatest esteem, " Your very humble servant, " By order. " Major-Genl. Schuyler." Ordered, That copies of those letters respectively be engrossed, and signed by the President, and transmitted. A return of the officers of Capt. Smith's company in 320 JOURNAL OF THE PROVINCIAL CONGRESS. Col. Van Ness's regiment was read and filed, and is in the words following, to wit : " These are to certify that the following persons were duly elected officers in a minute company in Charlotte precinct, Dutchess county, in Col. Van Ness's regiment, viz: Melancton Smith, capt.; Isaac Bloom, 1st lieut.; Wm. Mead, 2nd lieut. and William Tremper, ensign. " 22nd February, 1776. "JACOBUS SWARTWOUT, "PETER TAPPEN, "REUBIN HOPKINS, " Committee men" Ordered, That commissions issue for Melancton Smith as captain, Isaac Bloom first lieut. William Mead 2nd lieut. and William Tremper ensign. The barrack master of this city attending at the door, was admitted ; he informed the Congress that he has not any covers for straw beds, having delivered out straw beds to all troops indiscriminately as they have arrived. Ordered, That Col. Curtenius as Commissary of the Provincial Congress of this Colony, purchase immediate- ly as much crocus or any other coarse cloth fit for cover- ing straw beds as will make 500 beds, and that he have the same made, or deliver the cloth to the barrack master to have them made ; and that the barrack master deliver out those beds to the troops of this Colony only. And Ordered, That the barrack master take receipts for those beds and all other barrack stores delivered out by him, and that he bring in to this Congress an account of all the barrack stores or utensils which he has purchased and of stores which he has delivered out. A letter from Major-Genl. Lee, was read and filed, and is in the words following, to wit : " New-York, February 22d, 1776. "Sir — As the carpenters must be constantly employed in various works for the public service, I take the liberty to desire the Congress will furnish or order to be furnish- ed, about 3,000 feet of boards to construct a shed which may enable them to work in all kinds of weather ; a con- siderable quantity of oak timber is likewise requisite for platforms and other works ; 500 loads will not be an over quantity. The regiment here from Connecticut, can turn out many carpenters, who consent to work upon much more reasonable terms than the artificers of this city. It would, I imagine, be worth while to provide if possible, a sufficient number of tools : when the present work is done, these tools cannot be considered as an idle pur- chase ; they will always be useful. " I am, sir, your most obt. servant, "CHARLES LEE. " To Col. Woodhull, Prest. of the Congress." Ordered, That Genl. Lee be informed that he may di- rect his engineer to furnish a bill of scantling, of the boards and timber mentioned in his said letter, and that this Con- gress will direct the same to be procured ; and that the committee of war wait on Genl. Lee and confer with him on the other part of his letter, and report to this Congress thereon to-morrow. Mr. Hobart informed the Congress there are several sol- diers of the different corps now here, who ought to be put into an hospital. Ordered, That Dr. Treat be requested to take (he trou- ble to procure some proper place in the suburbs for their reception, and inform this Congress or some of the mem- bers thereof. Col. Humphreys informed the Congress that the minute men of his regiment in particular, and the greater part of those of the other Dutches and Westchester regiments en- listed in full confidence [that their pay] would be 53s. 4d per month, the Continental pay of last year ; that though many of them were lately enlisted, yet they knew not of the change of the Continental pay at the time of their en- listment ; that they have, since the publication of the pre- sent Continental establishment, been very uneasy ; that if their pay is reduced to 40s. per month, many of them will retire from the service. Ordered, That Thomas Smith draw a letter on that subject, stating their case to the Delegates of this Con- gress, and requesting them to procure the pay of last year's establishment for those troops. A letter from Col. Saml. Drake, requesting that Dr. Benjamin Miller might be examined, and if found properly qualified, to be appointed surgeon to his regiment, was read and filed, and is in the words following, to wit : " Home's Hook, Feb. 20th, 1776. " Sir — Dr. Benjamin Miller, at my request, has march- ed and is now with my regiment as surgeon — he has al- ready taken care of some that are sick — would be much obliged to the Honble. Congress to have him examined, and if found properly qualified, appointed surgeon of my regiment. As Dr. Miller is acquainted with a considera- ble part of the men under my command, I suppose he would be more agreeable to the soldiers than most others. " I am, sir, your most hble. servant, " SAML. DRAKE, Col. " To Col. Nathl. Woodhull, President of the Provincial Congress, New-York." Ordered, That the said Benjn. Miller be examined by Dr. John Jones and Dr. Treat and obtain from them such certificate of his qualifications as surgeon to a regiment, as those gentlemen may, on such examination, find that he merits. Mr. Robert Benson, one of the Secretaries, informed the Congress, that by order of the Committee of Safety, he had attended the removing the Records from the Secre- tary's office ; and had been obliged to employ ten cartmen for that purpose, who charged him 4s. each for that ser- vice. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, pay to Mr. Robert Benson 40s. to pay the said cartmen. DIE VENERIS, 10 ho. a. m. Febry. 23rd, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, Prest. Col. McDougall, Col. Lott, Mr. Sands, Mr. Prince, Mr. Bancker, Mr Roosevelt, Mr. Smith, Capt. Rutgers, Mr. Ad. Rutgers, Mr. Scott— For New-York. Mr. Covenhoven, Mr. Van Brunt — Kings. Genl. Ten Brook, Mr. Gansevort, Mr. Yates, Col. Nicoll— For Albany. Mr. Rhea, Mr. Lefever, Col. Palmer— Ulster. Major Lockwood, Mr. Thomas, Mr. Paulding— Westchester. Col. Williams— Charlotte. Genl. Woodhull, Mr. Strong, Mr. L'hommedieu, Mr. Hobart, Capt Wickham — For Suffolk. Col. Ten Broeck, Mr. G. Livingston, Major R. G. Livingston- Dutches. Col. Allison, Mr. Haring— Orange. Mr. Moore — Tryon. William Lowther, Esqr. informed part of this Congres that he has been informed that his sloop and cargo in cus tody of Capt. Parker, will probably be sent to Boston that if he could be permitted to go down to the Phoenix, might be of use to his interest. " Ordered, That Wm. Lowther, Esqr. be permitted I go on board of His Majesty's ship Phoenix, and his o\\ vessel, now under the command of Capt. Parker. " To Mr. Elias Nixen, Port-Master." " Ordered, That Mr. Lispenard's servant be permitted go on board of the Governor ship with 5 bags of buckwher " To Elias Nixen, Port-Master." " Ordered, That Robert Mcintosh, master of the scho ner Sally, be permitted to go on board of His Majesty ship Asia. " To Elias Nixen, Port-Master." JOURNAL OF THE PROVINCIAL CONGRESS. 321 " Ordered, That Willm. Kempe have permission to go on board of Govr. Tryon's ship, to Cortlandt Skinner, Esqr. with a letter and a draft of a charter for New Ark Aca- demy." Col. McDougall recommended Mr. Alexander Hamilton for captain of a company of artillery ; Mr. James Moore for captain-lieutenant ; and Johnson who was in service last year, and who was lately appointed by the Committee of Safety, for first lieutenant. Ordered, That the appointment of those officers be ta- ken into consideration to-morrow morning. A certificate of the election of the officers of a minute company in East-Hampton, was read. It thereby appears and is certified that Ezekiel Mulford was chosen captain ; John Miller first lieutenant ; and Nathl. Hand second lieu- tenant of the company of minute men in East-Hampton, in Suffolk county, in the regiment whereof Josiah Smith, Esqr. is colonel. Ordered, That commissions issue to those gentlemen, and they were immediately issued accordingly. A letter from Col. Peter T. Curtenius, Commissary of this Congress, dated yesterday, was read and filed, and is in the words following, to wit : "New-York, Feb. 22nd, 1776. " Gentlemen : — I have taken the liberty to enclose an estimate of what articles are wanting to complete the 4 battalions which are now raising for the defence of this Province. If your Honours think proper to employ me in the purchase of them, should esteem it a favour to re- ceive your orders early, that I may have it in my power to get them made in time. " I have let the barrack-master have (since his appoint- ment,) £574 to purchase wood and other necessaries, and he tells me he will want 2 or £300 more in a few days ; must I let him have it before he renders me an account? Your orders how I must act, and how often in the year he must render an account, will be agreeable to, " Gentn. your most obt. servant, " PETER T. CURTENIUS." As short accounts are most easily examined, and prevent trouble, Ordered, That the barrack-master deliver in his ac- counts, that they may be settled and examined before more monev is advanced, and that for the future the barrack- master deliver in his accounts weekly. The estimate enclosed in the letter of Col. Curtenius, of sundries wanted for 4 battalions to be raised in the Pro- vince of New- York, was read. Ordered, That the consideration thereof be referred to the committee of war. Ordered, That Mr. Norwood, the military Provincial commissary, wait on Col. Waterbury, and receive from him the arms lately taken from sundry disaffected persons in Westchester county ; that Mr. Norwood have all those arms particularly examined and described, and have them appraised by two persons who are proper judges of their value, and a duplicate of such appraisement and description returned to this Congress with all convenient speed. The Congress were informed that Corns. Atherton has a part of the arms he contracted for with Col. McDougall and Mr. Curtenius on behalf of this Congress, ready to be proved, and that he cannot prove them for want of gun- powder. Ordered, That Col. deliver, or cause to be delivered to Corns. Atherton, or for his use, one quarter cask of gunpowder for the proving of the said muskets ; the said Corns. Atherton to discount the price of said gun- powder out of the price of the said arms. Ezra L'hommedieu, Esqr. having occasion for the sum of £370, to apply to public uses at his risk, which have been mentioned to Congress. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, advance 81 to Ezra L'hommedieu, Esqr. the sum of £370, and take his note or obligation, payable within six weeks for the same. Die Veneris, 5 ho. P. M. Feb. 23rd, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Gansevort, Mr. Abm. Yates, Jr. Col. Nicoll on business, Genl. Ten Broeck — Albany. Major Lockwood, Mr. Thomas, Mr. Paulding — Westchester. Mr. Covenhoven, Mr. Van Brunt — Kings. Genl. Woodhull, Mr. Hobart, Mr. L'hommedieu, Mr. Wickham, Mr. Gelston, Mr. Strong— For Suffolk. Mr. Haring, Col. Allison — Orange. Mr. Ada. Bancker— Richmond. Major Wm. Williams — Cumberland. Mr. Rhea, Mr. Lefever, Col. Palmer on business — Ulster. Mr. G. Livingston, Major R. G. Livingston, Col. Ten Broeck — Dutches. Mr. Moore — Tryon. Col. Williams— Charlotte. A letter from Wm. Leary, town major, on the subject of his great duty and small means, was read and filed, and is in the words following, to wit : "New-York, 23rd Feb. 1776. " Sir — As I have a long time acted as town major, I now must take the liberty, and beg you will inform the Congress that it is out of my power to support myself in that character without some compensation for it. I have quitted all business for the office, and now supporting my- self on my means, — which, God knows, is very little. I must beg you will excuse this freedom, which I have taken with you. I remain a well wisher to the present cause, "And am, your very humble servant, " WM. LEARY, Town Major. " To the President of the Provincial Congress." As the town major is an officer of this city, and the city members are absent in a committee fixing on proper per- sons to recommend for officers in the battalion to be raised in this city, Ordered, That the consideration thereof be deferred for the present and resumed, when the members for New-York are present. A return of the officers of a company of minute men in South-Hampton, in Suffolk county, signed byThos. Cooper and S. Halsey, the chairman, and another member of the committee, was read and filed. They return that the follow- ing gentlemen were unanimously chosen in their presence, agreeable to the rules of Congress, to wit : Zephaniah Rogers, capt.; Nathl. Howell, Junr. 1st lieut. and Matthew Sayer, 2d lieut. Another return of officers of another company of minute men in South-Hampton, signed by Maltby Gelston, chair- man, was read and filed. The officers thereby returned are David Pierson, capt.; John Foster, Junr. 1st lieut.; Abm. Rose, 2d lieut, and Edward Topping, ensign. Ordered, That commissions issue for the above named gentlemen, and they were issued accordingly. DIE SABBATI, 10 ho. a. m. Feby. 24th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Sands, Mr. Smith, Col. McDougall, Mr. Van Zandt, Mr. E. Bancker. Mr. Roosevelt, Capt. Rutgers, Capt. Denning, Mr. Rutgers — New-York. Mr. Haring, Mr. Clowes, Col. Allison — Orange. Genl. Ten Broeck, Mr. Ab. Yates, Mr. Gansevort, Col. NicoU—M- bany. Mr. Rhea, Mr. Lefever, Col. Palmer— Ulster. Mr. Thomas, Major Lockwood, Mr. Paulding— Westchester. 322 JOURNAL OF THE PROVINCIAL CONGRESS. Mr. Moore— Try on. Genl. Woodhull, Mr. Hobart, Mr. L'hommedieu, Mr. Gelston— Suf- folk. Col. Ten Broeck, Mr. G. Livingston — Dutches. Mr. Ad. Bancker — Richmond. Major W. Williams — Cumberland. Col. I. Williams— Charlotte. Saml. Franklin infoimed Congress that the ship Sally is to be sent to Boston in a few days, and requests permission from this Congress to send John Hastier in the said ship to Boston, in order to make application to the admiral for his discharge, and in the interim to take care of the said ship. Mr. Franklin further requests that the said John Hastier may be permitted to take with him for his subsis- tence, one barrel of salt provisions, one cask of bread, one barrel of flour, one quarter of fresh beef, a few gallons of rum or spirits, and a few pounds of chocolate, and that he, Mr. Franklin, be permitted to go on board of his Majesty's ship Phoenix to speak to Capt. Parker relative to the said ship Sally. Ordered, That John Hastier be and he is hereby per- mitted to go on board of the ship Sally, belonging to Saml. Franklin, and lately seized by Capt. Parker ; and further, that the said John Hastier be permitted to go passenger in the said ship to Boston, and take with him for his subsis- tence the following stores, to wit: 1 barrel salt provisions, 1 cask of bread, 1 barrel flour, 1 quarter of fresh beef, a few gallons of rum, and a few pounds of chocolate. And, Ordered, That Saml. Franklin be permitted to go on board of his Majesty's ship Phoenix to speak with Capt. Parker relative to the said ship. The Deputies for the city and county of New-York de- livered in a list or arrangement of officers for the regiment to be raised in New-York, which was read and approved of. A letter from David Pye, Esqr. deputy chairman of the committee of Orange county, to the Congress, and two let- ters from E. W. Kiers, one to Jesse Woodhull, Esqr. and the other to Thomas Smith, Esqr. were read. They thereby state their difficulties arising from the fol- lowing matter, to wit : " That their county committee had recommended officers for two companies to be raised on the south side of the mountains in Orange county ; that each of those officers had been at expense in preparing for the service and en- gaging men for a company ; that only one company being allotted by Congress to be raised in that part of the county, each set of officers claimed the preference, and that to rid themselves of jealousies and creating divisions, they had returned the warrants, and submitted to Congress to deter- mine and fill up the warrants." Congress determined that the said warrants be filled up in manner following, to wit : for Amos Hutchins, capt. An account of Bernard Romans for money claimed by him as due to him from this Congress, was read. A resolve of Continental Congress was read and filed, and is in the words following, to wit : "In Congress, Feb. 13th, 1776. " Resolved, That it be recommended to t lie Convention of New-York, to pay Mr. B. Romans up to the 9th day of this month. " CHAS. THOMSON, Secy? The consideration thereof is deferred until B. Romans is called in and interrogated as to the reasons of his so long absence from the fortifications at different times. The Congress was informed by a member that his Ex- cellency the Governor has sent to the Mayor to request his attendance. Ordered, That his Worship the Mayor be permitted to go on board his Excellency Govr. Tryon's ship. Mr. L'hommedieu requested that this Congress would come to a determination as to the propriety of the embargo laid on provisions by the committee of some towns in Suf- folk county ; and Mr. L'hommedieu proposed and moved for an order, in the words following, which was read, to wit : The Congress approving of the committees of South- hampton, East-Hampton and Shelter Island having laid an embargo on provisions in those towns 'till the first of March, Ordered, That it be recommended to the committee of Suffolk county, at their next meeting, to continue said em- bargo in those towns and in the several towns in Suffolk county, in such manner as they shall direct, until the further order of this Congress ; and that their proceedings be transmitted to this Congress with all convenient speed. Ordered, That Col. Palmer be considered as pre- sent while he is attending with the cannon, to the forward- ing whereof he is appointed with Col. Nicoll — and no longer. Ordered, That Col. Nicoll be considered as present un- til he may arrive at Albany, and not after that time, until he arrives here and takes his seat. The Congress took into consideration the resolves and recommendation of the Honble. the Continental Congress, to prosecute the discovery of the lead mine at New-Canaan, in this Colony. They sent for John McDonald, the miner, as a proper person to pursue such discovery, and he has undertaken and engaged in that service on the iollowing terms and conditions, to wit : To proceed to New-Canaan with all possible despatch, and there examine into and pro- secute the discovery of the said lead mine ; to receive for his pay and subsistence 20 dollars per month while in that service — he to bear his own expense, and to be furnished with the necessary tools, &c. and for that purpose to have a letter to the committee of Kings district requesting them to furnish him with tools. The said John McDonald having occasion for a small supply of cash to defray his expenses on his intended jour- ney : Thereupon, Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, advance to John McDonald, the miner, (who in obedience to a cer- tified copy of a recommendation of the Continental Con- gress to this Provincial Congress, dated the 15th inst. is sent to prosecute the discovery of the lead mine at New- Canaan,) the sum of $12 on account, and take his receipt for the same. A draft of a letter to the committee of Kings district, in the county of Albany, was read and approved, and is in the words following, to wit : " In Provincial Congress, \ " New-York, Feb. 24tA, J776. J "Gentlemen — The Congress have appointed John McDonald to explore the lead mine at New-Canaan. He is to apply to you for any assistance he may want to pro- cure tools and other necessaries for the purpose, which they desire you will furnish. He is allowed 20 dollars per month for his pay and subsistence. You will please to inform us what time he is employed in the service. " We are, gentlemen, your very obt. servants, " By order. " To the Chairman and Members of the Committee of Kings district, Albany county." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted by the said John Mc- Donald ; and that a certified copy of the report of I. Hop- kins to Continental Congress, and of their resolve thereon, be delivered by the secretaries to the said John McDo- nald. DIE LUJN7E, 10 ho. a. m. Feb. 26(h, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Col. McDougall, Capt. Rutgers, Mr. Beekman, Mr. Sands, Mr. Denning, Mr. Smith, Mr. Roosevelt — For New-York. Mr. Van Derbilt, Mr. Lefferts— Kings. JOURNAL OF THE PROVINCIAL CONGRESS. 323 Col. Wm. Williams — Cumberland. Genl. Ten Broeck Mr. Gansevort, Mr. A. Yates, Col. Nicoll on service — For Albany. Mr. Rhea, Mr. Lefever Col. Palmer on service — Ulster. Mr. Ward — Westchester. Col. Jno. Williams — Charlotte. Mr. Moore — Tryon. Genl. Woodhull, Mr. Hobart, Mr. Gelston-for Suffolk. Col. Ten Broeck, Mr. G. Livingston, Major Schenck — Dutches. Col. Allison, Col. Hay, Mr. Haring — Orange. Mr. Hobart reported that Dr. Treat has informed him that he has taken every measure to find some proper place for a hospital ; that he cannot discover any place that can be obtained other than the two following, to wit : Mr. De Lancey's house in the out ward, and three houses in and near Maiden-lane, near Mr. Walton's brewery. The Congress are of opinion unanimously, that the place men- tioned in Maiden-lane is very improper, and will by no means answer the purpose, and that from every inquiry they have been able to make, or information received, Mr. De Lancey's house in the Bowery is the most proper. But as the Congress would choose to have the use of the said house, with the consent of and by agreement with John De Lancey, the agent of the owner. Ordered, That Mr. Denning and Mr. Abm. Yates, be a committee to apply to John De Lancey for the use of the said house, and make report thereon with all convenient speed. It was suggested to Congress that there may be great danger in using the present hospital stores, until they are carefully washed and cleansed, and as no superintendent of an hospital is yet appointed, Ordered, That Doctor Treat be requested for the pre- sent to procure such proper persons as he may think fit to trust, and give the necessary directions for washing such stores as he may think necessary. Col. McDougal informed the Congress that some works will be necessary to be erected on some ground on the bank southwest of Trinity church ; that three small houses there (one of them tenanted) will necessarily be taken down. That it will be necessary to have this matter kept secret, jtherwise the erection of the work may be frustrated ; and submitted to the Congress whether three members of this Congress, who are judges of buildings, should not be di- ' reeled to view and estimate the value of those three nouses. Ordered, That Mr. Roosevelt, Capt. Rutgers and Mr. Beekman be. a committee to view and examine the said .hree houses, and ascertain their value respectively, and report thereon with all convenient speed. And the members were strictly charged from the chair to keep this matter with the greatest secrecy. A return from Col. Jacobus Swarlwout for officers for a company of militia in Rumbout's precinct, was read and filed. It thereby appears that the following officers were chosen agreeable to the rules of Congress, to wit: Evert Wynkoop Swart, capt.; Robert Brett, 1st lieut. Isaac Van Wyck, 2d. lieut. and Abraham Shultz, ensign. Ordered, That commissioners issue for those gentlemen. Col. Swartwout also enclosed a list of officers chosen by their several companies in his regiment of minute men, agreeable to the resolution of Congress, for whom he re- quested commissions as soon as possible, to wit : For JohnDorlon, capt.; Henry Wykoff, 1st. lieut.; Robert Hill, 2nd. lieut. and Thos. Ostrander, ensign. In another company, James Weeks, capt.; Hugh Con- nor, 1st. lieut.; James Cooper, 2nd. lieut. and Theodorus Brett, ensign. In another company, Comfort Luddington, capt.; Elijah Oakley, 1st. lieut.; John Bready, 2nd. lieut. and Assa Berry, ensign. All which returns were dated this day. Ordered, That commissions issue for all those gen- tlemen agreeable to their respective ranks returned. Col. Hay produced a return of officers for a company of minute men in the southern part of Orange county, signed by Johannes Is. Blauvelt, Chairman, whereby it appears that on the 16th Deer, the following named gen- tlemen were elected officers of that company, to wit : Benjn. Coe, capt.; Abm. Onderdonck, 1st. lieut.; Paulus M. Vandervoort, 2nd. lieut. and Danl. Coe, Junr. ensign; and that they were chosen without opposition, in the pre- sence of John Smith and Rynier Quackenboss, two of the committee as inspectors. Ordered, That commissions issue for those gentlemen. John Voorhis of Brunswick, who attended the Congress at their request to be examined, says : that on Friday morning the 23rd. inst. he was coming lo New-York with his sloop Brunswick, laded with bread and flour, and 5 firkins of Butter ; that he was brought to by Capt. Van- deput in the ship Asia, who demanded of him what his cargo consisted of. That Capt. Vandeput ordered the hatches of the sloop to be opened, and took out 42 tierces of bread, 5 firkins of butter and 30 barrels of flour, for the payment whereof, he gave this examinant an order on Abm. Loll, Esq. and then put 14 or 15 men on board the sloop and brought her along side of the ship Dutches of Gordon ; that he was there ordered by Govr. Tryon to get his tackles ready ; that Govr. Tryon directed all the flour to be taken out of the sloop and put on board of the Dutches; that 149 barrels were taken out of the sloop by Govr. Tryon's order and put on board of the Dutches ; that 2 barrels of the finest flour was set by for the ship's use, and the rest stowed in the hold ; that Govr. Tryon asked for his account; that he, this examinant asked 19s. per hundred for his flour, as he had been informed that was the market price ; that Govr. Tryon would pay him only 18s. per hundred, and offered to pay him that price or permit him to go lo New-York and get a certificate that the price was higher ; that Govr. Tryon paid him for only 147 barrels of flour, though he kept an account of the weights and numbers, and is very confident that 149 bar- rels were put on board ; that Capt. Vandepul's barge stop- ped the vessel of Thompson from Brunswick ; that they detained him some time and then sent him back again ; that Capt. Vandeput told him, seemingly in a low voice and when he was alone, that he might inform his country- men that if they sent up provisions fit for shipping he would stop it, but he would not stop loose or unpacked provisions, such as butter, eggs, or pork in quarters for the use of the city, but that he could not let any thing pass which was in barrels ; that he, the examinant saw a con- siderable quantity of beef and mutton in quarters, and pieces hanging between decks in the ship Asia. A letter from Col. Swarlwout, was read and filed, and is in the words following, to wit : " New-York, Feb. 26th, 1776. " Gentlemen — Be pleased to let me have £624 for the use of my regiment, in order to enable them to provide themselves with blankets and other necessaries. "JACOBUS SWARTWOUT, Colo. " To the Honble. Provincial Congress, New-York." The Congress were informed by two of the Dutches county members, that Col. Swartwout had told them that £400 will be sufficient for the present. Ordered, That Peter V. B. Livingston, Esq. as Trea- surer of the Provincial Congress of this Colony, advance to Col. Jacobus Swartwout of Dutchess county, the sum of £400, on account of the pay of his regiment, and that the Treasurer take his receipt for the same on account. A letter from Robert Ogden, chairman of the committee of Elizabeth Town, dated the 22d inst. was read and filed, and is in the words following, to wit : "Elizabeth Town, Feby. 22d, 1776. " Gentlemen — I this moment received yours, dated in Congress, Feby. 21st, 1776, and signed by the President. Had there been a necessity I would immediately have con- vened the committee to consider the request of your letter. 324 JOURNAL OF THE PROVINCIAL CONGRESS. The persons mentioned now in durance in this town, were confined by Col. Heard, not at our instance and without our knowledge. It is said Col. Heard received his autho- rity for so doing from your's or the Continental Congress. Our committee are also ignorant of the crimes of which these persons are accused and for which imprisoned. Being convinced of the strict propriety of your regulations respecting delinquents, this committee have not, nor will they be guilty of the least violation of them ; and therefore conclude with assuring the honourable Convention that we mean not to concern ourselves with these men or their conduct. " I am, gentlemen, with the greatest respect, " Your very humble servant, " ROBERT OGDEN, Chairman. "To the Honble. the Congress of N. York." Ordered, That the consideration thereof be deferred till one or more members from Richmond county arrives. Mr. Adrian Bancker produced a certificate, dated the 30th of January last, and signed by Christian Jacobson, George Barnes, John Poillon, David Latourette, Henry Perine, Moses Dupuy and Peter Mersereau, of the com- mittee of Richmond county, whereby it appears that at a convention of the freeholders of said county, for the pur- pose of choosing Deputies to represent said county in Provincial Congress, it appeared that Adrian Bancker and Richard Lawrence were by a majority of votes duly elected to represent said county, and to serve to the second Tues- day in May next, with full powers to them or any one of them to represent said county in Congress or in the Com- mittee of Safety. The committee of war, to whom was referred the esti- mate of Peter T. Curtenius, on the 23d inst. delivered in their report of the articles necessary to be provided by the commissary for the troops to be raised in this Colony, vizt : 2432 frocks for privates. 128 ditto for sergeants. 128 ditto for corporals. 32 ditto for drummers. 32 ditto for fifers. 2752 2752 2752 2752 2752 156 2752 156 458 1566 1566 2008 2752 32 32 32 700 12 32 32 16 4 4 4 4 108 108 458 2688 to be purchased, if to be had, at the price limited by Congress. felt hats. yarn stockings. pair of shoes. blankets, if to be had. do for officers. canteens, wooden ones preferable to tin if the dispro- portion of price is not too great. canteens for officers. camp kettles, two-thirds of this number ought to be iron pots. cartouch boxes, (1122 being bought by Mr. Smith.) gun slings. knapsacks. tomahawks, drums and slings. drum cases. fifes. billhooks in addition to the 300 in store, will probably be sufficient. field officers tents' to have walls, booths and flys com- plete. square or horsemens tents' for captains, do for 64 lieutenants do for 32 ensigns. The officers tents ought all to have flys. adjutant's tents quarter-master's tents chaplain's do surgeon's do ) tent bags, valises. soldiers' tents, allowing 6 men to each tent muskets complete. The foregoing report being read and considered, was unanimously agreed to. Ordered, That the Secretaries prepare a copy of all of the articles in the said report mentioned, as necessary to be provided, and deliver the same to Colonel Curtenius, the Commissary, who is directed to cause those articles to be provided with all possible dispatch. Col. Win. Williams one of the Deputies from Cumber- land county, delivered in a list, certificate and return of the militia officers of the first regiment of Cumberland county, from the rank of major downward. The said return is dated the 6lh Feb. 1776, and signed by Benjamin Carpen- ter, chairman of the county committee, and is in the words following, to wit : " Committee of Safety, for the county of Cumberland, ? " Guilford, February 6lh, 1776. ] "To the Honble. the Provincial Congress, and the delegated powers thereof. " In compliance to your order to us directed, dated Ja- nuary the 4th, and good instructions for order and peace, together with the regulations of the militia, and by order of this committee, we here send you the list of all officers that are returned at the time, and they are as follows, to wit : " At a legal meeting, the town of Guilford chose Mr. Stephen Shepardson, capt.; David Slowel, 1st lieut.; Ti» mothy Root, 2d lieut.; Dillington Johnson, ensign. At legal meeting for the town of Brattleborough, chose John Sergeant, capt.; Oliver Cook, 1st lieut.; Timothy Church, 2d lieut.; John Alexander, ensign. At a legal meeting for the town of Fulham, chose, Jo- nathan Knight, capt.; Josiah Boyden, 1st lieut.; Daniel Kartheen, 2d lieut.; Shephard Gates, ensign. At a legal meeting for the town of Westminster, chose John Avrell, capt.; Jabez Derry, 1st lieut.; Azariah Wright, 2d lieut.; William Crook, ensign. At a legal meeting for the town of Putney, chose Abi- jah Moores, capt.; Daniel Jewet, 1st lieut.; Ephraim Clay, 2d lieut.; Ephraim Pierce, ensign. " For the town of Hallifax, chose David Rich, capt.; Benjamin Henry, 1st lieut.; Robt. Patterson, 2d lieut.; Edward Harris, ensign. " The said committee mention that the rest of the towns have not made returns to them, and request that Major William Williams may be entrusted with blank commis- sions to fill up for officers in the scattered towns in the wilderness ; and is signed, "BENJAMIN CARPENTER, Chairman." Ordered, That commissions issue for those gentlemen, according to said return. A memorial of Joseph Crane, bearing date the 24th inst. setting forth his services in the last campaign, and praying the care of an artillery company, was read and filed. Ordered, That the consideration thereof be postponed until the appointment of artillery officers is resumed. DIE LUNJE, 4 ho. p. m. Feb. 26th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. AVoodhull, Prest. Col. McDougall, Mr. Van Zandt, Mr. Sands, Mr. Denning, Cap Rutgers, Mr. Beekman, Mr. Roosevelt, Col. Lott, Mr. Smith— Net York. Col. Allison, Col. Hay, Mr. Haring, Mr. Clowes — Orange. Col. Jno. Williams — Charlotte. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Gansevoort, Col. Nice on service — Jllbany. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Ulster. Mr. Ward, Dr. Graham — Westchester. Mr. Moore — Tryon. Col. Wm. Williams— Cumberland. Genl. Woodhull, Mr. Hobart, Mr. Gelston— Suffolk. Col. Ten Broeck, Mr. G. Livingston, Major R. G. Livingston Dutches. Mr. Ad. Bancker — Richmond. Mr. Van Derbilt, Mr. Leffertse — Kings. The Congress were informed that Genl. Lee is anxio to have a storehouse or magazine for military stores, ai JOURNAL OF THE PROVINCIAL CONGRESS, 325 that the service must soon suffer if the Bridewell, or some other proper magazine, is not obtained. Ordered, That Col. McDougall employ proper work- men, and procure necessary materials, and have proper floors, and shutters for the windows made, and that build- ing fitted for a magazine or storehouse. Mr. Petlit, the doorkeeper, informed the Congress that, in obedience to their order, he had summoned Christopher Duyckinck. That the said Chrisr. Duyckinck called wit- nesses, and desired him to tell the Congress that he denied the authority of this Congress ; that he would not attend until Mr. Sands was expelled the House ; that Mr. Sands was an usurper and a coward, and that he would not at- tend until he was brought by a file of musketeers. Mr. Hobart moved, and was seconded, that a letter be wrote to Genl. Lee requesting him to take Chrisr. Duyc- kinck into custody. By consent, the same was post- poned till to-morrow morning. Mr. Smith, in pursuance of an order of last Thursday morning, brought in a draft of a letter relating to the pay of the minute men, which was read and approved, and is in the words following, to wit : " Gentlemen — The Continental Congress formerly di- rected us to raise minute companies in this Colony, and established their pay, when called into actual service, to be the same with the pay of the Continental troops ; at the time we were ordered to form these companies, the pay of a private was fixed at 53s. 4d. per month, and the men were raised on assurance that they were to receive this pay ; and although some of the privates have been enlisted since the 19th of Jany. when the new esta- blishment was formed, which reduced the pay to 40s. per month, yet the officers not knowing of this reduction, en- listed their privates on assurances that they were to re- ceive the pay of the old establishment. These companies are now called into actual service, and are in this city ; they express great uneasiness at being reduced to the pay of 40s. per month, when they were promised 53s. 4c2, We are apprehensive that the service will suffer by this uneasiness, and as it is not in our power to remove the difficulty, we should be glad to take the sense of the Con- tinental Congress, and beg you would transmit it to us as soon as possible. It may be proper to inform you that the officers are content with the pay provided by the first es- tablishment, though less than the last establishment. " We are, sirs, your very hble. servts. " By order. " To the New- York Delegates, in Continental Congress." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. DIE MARTIS, 10 ho. a. m. February 27th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. 1 Col. Lott, Mr. Denning, Mr. Sands, Mr. Beekman, Mr. Prince, Mr. Van Cortlandt, Capt. Rutgers Mr. Rutgers, Mr.Van Zandt, Mr. Smith, Mr. Roosevelt, Col. McDougall— New-York. Mr. Ward, Col. Jos. Drake, Dr. Graham— Westchester. Gen. Ten Broeck, Mr. A. Yates, Mr. Gansevort, Col. Nicoll on ' service— Albany. Genl. Woodhull, Mr. Hobart, Mr. Gelston— Suffolk. Mr. Harinj, Col. Hay, Col. Allison, Mr. Clowes — Orange. Mr. A. Bancker— Richmond. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Ulster. Col. Ten Broeck, Major R. G. Livingston, Mr. Schanck— Dutches. Mr. Van Derbilt, Mr. Leffertse— Kings. Mr. Moore— for Tryon. Col. John Williams— Charlotte. A letter from Joseph Robinson, of Jamaica, in Queens county, was read and filed. He declines mentioning the names of persons to be evidences against the persons of 82 their county who were apprehended by order of Continen- tal Congress, and having given in securities. Informs that almost every person in that county can be a witness, and that he will attend on summons. A letter from James Duane, Esqr. one of the Delegates of this Colony, at Congress, dated the 25th inst. was read and filed, and is in the words following, to wit : " Philadelphia, 25th Feb. 1776. " Gentlemen — I have this moment received your fa- vour of 22d inst. The post did not get in till near 7 o'clock in the evening, will be despatched back so soon that I can have no opportunity in the interim of conferring with my brethren, and one of the subjects is too important to admit of delay, I therefore beg leave to give you my sentiments upon it. If any thing further occurs, on a con- sultation, it will be transmitted the next conveyance. " Genl. Schuyler, some time since, proposed to Con- gress that our second, or Albany battalion should be re- cruited for the service of Canada, and recommended the former field officers. Of this Congress approved, and 12,500 dollars were forwarded to you for the despatch of that business. The general, in a subsequent letter, in- formed Congress that the money was sent to him, and seems to be uneasy that the care of raising the battalions should be superadded to the other burthens of his com- mand. He mentions his intentions of applying to the committee of Albany for assistance on that occasion, but what progress has since been made we do not learn. " The Congress have also declared their intention of promoting Capt. Henry Livingston, who came express from Genl. Montgomery with the news of the surrender of Montreal, when an opportunity should offer, but nothing has yet been done in his favour. " A resolution has since passed for raising four bat- talions in New-York for its immediate protection and de- fence, of which you have received a copy. It was fol- lowed by another, that in the appointment of these officers, such as behaved well during the last campaign should be provided for; a copy of which has likewise been forwarded for your direction. " As New-York was thought to be in a critical state and no recommendation had appeared from our Committee of Safety of the officers for the four battalions, it occasioned much surprise and uneasiness, and the apology I was able to make, vizt: the expectation of a meeting of the Conven- tion and the utility of their advice, which indeed depended on my own conjecture, did not prove satisfactory. It was said, that while every thing was done for New-York at the public expense, that could be wished or asked, they ne- glected their own defence, &c. This produced a resolu- tion that an inquiry should be made into your progress with respect to those battalions. Those circumstances, if my memory has not failed, are all that have happened on this subject, and which will suffice to convince you that there is no obstruction in the way of your nominating the field officers, agreeable to the recommendation of Con- gress. You will doubtless see the propriety of despatch, both on account of your security and your reputation, both of which no man can have more sincerely at heart than myself. " Apprehensive that you might be distressed to main- tain the army now in our capital from the lowness of your finances, we thought it advisable to obtain a warrant in your favour for 35,000 dollars, which Mr. Lewis received, and will deliver you. " T should do great injustice to Congress if I did not assure you that they are disposed to do every thing which can be reasonably required for your protection. " I have the honour to be, "With the greatest regard, gentlemen, " Your mo. obt. and very hble. servt. " JAS. DUANE. " The Honble. the Convention of New- York." 326 JOURNAL OF THE PROVINCIAL CONGRESS A letter from Major-Genl. Lee dated this day, request- ing money, was read and filed, and is in the words follow- ing, to wit : " New-York, Feb. 27th, 1776. " Sir — As we have here no Continental paymaster, I am under the necessity of addressing myself to the Pro- vincial Congress to assist me in this article. I have a con- siderable party to be subsisted, and are now to be furnish- ed with necessaries — $2,000 are at least requisite. You will much oblige me therefore, sir, in endeavouring to pro- cure this sum. If you could make it $2,500 it would be more convenient to, " Sir, your mo. obt. " CHARLES LEE. " To Col. Woodhull, President of the Provincial Congress, New- York." The Congress agreed to give Major-Genl. Lee an order on the Treasurer for $2,500, and an order for that purpose was drawn and approved of in the words following, to wit : " Major-Genl. Lee by his letter of this day, having re- quested of this Congress to advance him the sum of 2,500 dollars for the subsistence of his party. Thereupon " Ordered, That Peter Van B. Livingston, Esqr. as Treasurer of this Congress advance to Major-Genl. Lee $2,500 on Continental account." A draft of a letter to Major-Genl. Lee was read and ap- proved of, and is in the words following, to wit : " Sir — Your letter of this morning was received and read. The requisition therein contained was immediately taken into consideration, and the Congress ever ready to do all in their power to promote the public service, agreed to advance you $2,500. An order on our Treasurer for that sum, I have the honour to enclose you. " We are most respectfully, sir, " Your very humble servls. " By order. '■ Major-Genl. Lee." Lieut. Col. Ritzema by request attended the Congress. Being asked what has been done by Congress relative to the 2 regiments ordered to be formed out of the troops in Canada, Mr. Ritzema says that there are about 900 men in Canada ; that they are the remnants of all corps which have been there, and cannot usefully be formed into one or two regiments ; that the Congress have superseded their former order to form two battalions out of those troops ; that Mr. Walker has informed him that Genl. Wooster had attempted to carry the order into execution and has failed ; that he looks upon the officers in Canada as un- provided for, and that they look upon themselves so ; that a committee of Continental Congress told him that the officers were to be provided for in the new levies in their respective Colonies from whence they proceeded in the ser- vice. That on the 15th Novr. Genl. Montgomery new arranged the army, and Mr. Ritzema read a copy of the general's declaration to the troops, and the terms of new enlistments ; that the general by parol appointed the field officers ; that there remains in the whole about 1500 stand of arms, about 500 belonged to this Colony ; that about 150 he left in three boxes in his rooms in Montreal ; that the New England troops carried off with them about 1500 muskets taken at St. John's ; and that Col. Warner's party carried off all their arms. Lieut. Col. Ritzema then gave a par- ticular account of all the officers from this Colony now in Canada. Mr. Sands informed Congress that Mr. John Murray had a sloop with pig metal seized by Capt. Vandeput, and requests permission to go on board of the ship Dutches of Gordon and the ship Asia, to endeavour to regain his pro- perty. " Ordered, That Mr. John Murray be permitted to go on board of the Dutches of Gordon and His Majesty's ship Asia. " To Mr. Elias Nixen, Port-Master." Mr. Nichs. Low requests a permit to ship flaxseed and lumber on board of the ship Polly, Capt. Thos. Kennedy, master, to be exported to Cork, in Ireland, in return for stores imported. Ordered, That Mr. Low be permitted to load flaxseed and lumber on board of the ship Polly, Capt. Thos. Ken- nedy, master, to the amount of £896 0s. 9d. Die Ltjn*:, 4 ho. P. M. Feb. 27th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. (Say Ten Broeck.) Col. Lott, Mr. Prince, Mr. Beekman, Capt. Rutgers, Mr. Roosevelt, Capt. Denning, Mr. Van Zandt — New-York. Col. Hay, Mr. Haring, Col. Allison, Mr. Clowes — Orange. Mr. Moore — Tryon. Genl. Ten Broeck, Col. Nicoll, Mr. A. Yates, Mr. Gansevort— Al- bany. Mr. Dewitt, Mr. Lefever, Col. Palmer on duty — Ulster. Mr. Ward, Col. Jos. Drake, Dr. Graham — Westchester. Mr. A. Bancker — Richmond. Genl. Woodhull, Mr. Hobart, Mr. Gelston— Suffolk. Col. P. Ten Broeck, Mr. Schenck— For Dutches. Mr. Leffertse, Mr. Van Derbilt— Kings. Co). John Williams — Charlotte. Col. Wm. Williams— Cumberland. Mr. Roosevelt, from the committee appointed to report a plan for the emission of £55,000 in Provincial paper, bills of different denominations of dollars and shillings, de- livered in the report of the said committee, which was read and ordered to remain for further consideration. Jabez Fredericks and Jacob Andrews, inhabitants of Massachusetts Bay, at the door, sent in certificates of Col. How, and Col. P. Henry, that they have been taken pri- soners by Lord Dunmore and escaped, recommending them for assistance to return to their places of abode. They also sent in a pass from Major-Genl. Lee, and re- quested assistance. Ordered, That Peter Van B. Livingston, Esqr. as Trea- surer of this Congress, pay to Jabez Fredericks and Jacob Andrews, inhabitants of Massachusetts Bay, who have been taken prisoners by Lord Dunmore, and made their escape, the sum of 40s. to assist them on their journey to their respective places of abode. Capt. Rutgers informed the Congress that Christopher Duyckinck is at the door and desires admittance. Ordered, That he be admitted. Christopher Duyckinck admitted, says, that with reluc- tance he disobeyed the summons of this Congress yester- day evening ; and repeated a long account of the contro- versy between Mr. Sands and himself. Christopher Duyckinck was desired to withdraw. The Congress took the case of the insult offered to this Congress into consideration, and came to a determination in the words following, to wit : " This Congress is of opinion that Christopher Duyc- kinck is guilty of a contempt of this Congress in the mes- sage he sent by their doorkeeper, for which he ought to ask the pardon of this Congress, and receive a reprimand from the Chair ; and, although this Congress would not in- terfere in the trial of private property, or in demanding sa- tisfaction for a private injury, yet they are of opinion thai the said Christopher Duyckinck has acted very wrong in taking and detaining from Mr. Sands his watch, and do re- commend it to him, to return the same to him without de- lay." Christopher Duyckinck being called in, the first part o the opinion of Congress was read to him, and he askec pardon of the Congress for the contempt of which he wa guilty. The second part of the opinion and recommenda lion were then read to the said Chrisr. Duyckinck ; where upon he requested a copy of the entry, a copy wherec was certified and delivered to him. The Congress then proceeded to consider of and deter mine on proper persons to be recommended to Continents Congress for field officers of the four regiments now rais JOURNAL OF THE PROVINCIAL CONGRESS. 327 ing in this Colony, agreeable to the resolutions of Conti- nental Congress, and after some time spent and progress made therein, the further consideration thereof is postpon- ed till to-morrow. DIE MERCURII, 10 ho. a. m. Feb. 28th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Gen). Woodhull, President. Col. McDougall, Col. Lott, Mr. Beekman, Mr. Prince, Capt. Rutgers, Mr. Roosevelt, Capt. Denning, Mr. Smith, Mr. A. Rutgers, Mr. Van Cortlandt, Mr. Van Zandt— New-York. Mr. Clowes, Mr. Haring, Col. Allison, Col. Hay — Orange. Mr. A. Yates, Mr. Gansevort, Col. Nicoll on service, Genl. Ten Broeck — Albany. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Ulster. Mr. Ward, Col. Jos. Drake, Dr. Graham, Lieut. Col. L. Graham — Westchester. Col. John Williams — Charlotte. Mr. Moore — Tryon. Genl. Woodhull, Mr. Hobart, Mr. Gelston— For Suffolk. Col. Ten Broeck, Major R. G. Livingston, Major Schanck— Dutches. Mr. Van Derbilt, Mr. Leffertse — Kings. Ad. Bancker — Richmond. Col. Wm. Williams — Cumberland. A letter from James Lent, chairman of Orange Town committee, was read and filed. He thereby returns Abm. David Blauvelt, 2nd major of the Orange Town regiment of militia, and requesting a blank commission for an ensign to be chosen in Johannes Jacobs. Blauvelt's company. Ordered, That the commission issue for the said Abra- ham David Blauvelt as major, and that the blank commis- sion for an ensign be sent. Col. Jos. Drake informed Congress that Stephen Sne- den, who was chosen captain of a company of militia in East Chester district, had refused to accept the commis- sion, by which means new commissions were necessary for the whole company, and requested that blank commis- sions may be sent for that purpose. The Congress agrees to his request, and Ordered, That blank commissions be delivered to Colo- nel Drake for that company. A letter from Robert Hempstead, chairman of the com- mittee at Southold, in Suffolk county, dated 23rd inst. was read and filed. They thereby return certain persons elect- : ed officers, but the return being not properly formal, Ordered, That four blank commissions for the purpose be enclosed to the chairman. A reference from the committee of the city of New- York, was read and filed, and is in the words following, to wit : " Committee Chamber, ) " New-York, Feb. 27th, 1776. $ " The sub-committee appointed by the general commit- tee, to make inquiry what quantity of salt remained in this city, reported that there are 20,700 bushels for sale. " Ordered, That the propriety of retaining a sufficient quantity in this city and Province for the use of its inhabi- tants, be immediately referred to the consideration of the Provincial Congress. " By order of the committee, "JOHN BROOME, D. Chairman." Ordered, That the said reference be reserved for fur- ther consideration. Ordered, That Mr. White, by his agent, be permitted to supply His Majesty's ship Phoenix with 8501b. fresh beef and some turnips, and His Majesty's ship Asia, with 1,300 pounds of fresh beef and greens, and some candles. Also one barrel of corned beef for His Excellency Govr. Tryon. The members for Kings county informed the Congress that the inhabitants of Brooklyn are desirous to know whe- ther they shall have any recompense for the trouble of having soldiers placed in their houses. The Congress is of opinion that some allowance ought to be made to those inhabitants. And Ordered, That the members from Kings county be a committee to inquire into the circumstances of the quar- tering those troops, and the trouble to the inhabitants, and what rewards will be adequate and sufficient, and re- port with all convenient speed. Mr. Yates and Mr. Denning, the committee appointed to apply to, and treat with John De Lancey for the use of the house of James De Lancey for a hospital, informed the Congress that Mr. John De Lancey is attending at the door and requests to be heard. Mr. John De Lancey was admitted and heard. He was informed that Congress in- tended to make compensation for the house he occupies, if necessary [to] cause it to be taken for an hospital ; that he shall have the most early information when that neces- sity is known ; and that if another house suitable for that purpose can be obtained, that house will probably be spar- ed. Mr. De Lancey withdrew. Ordered, That Mr. Yates and Mr. Denning be a com- mittee to inquire for, and examine and procure one or more proper house or houses for an hospital, and to treat with the owners or inhabitants thereof and agree for the same. The Congress then proceeded to make further progress in nominating proper persons to be recommended to the Continental Congress as field officers for the regiment raising in this Colony, and finished their arrangement thereof, which will be inserted in the minutes of this after- noon ; and Genl. Ten Broeck, and Mr. Thos. Smith are appointed a committee to prepare and report a draft of a letter to the Continental Congress, and another to the De- legates of this Colony to accompany the same. Die Mercurii, 4 ho. P. M. Feb. 28th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Col. McDougall, Mr. Roosevelt, Mr. Prince, Mr. Rutgers, Col. Lott, Mr. Beekman, Mr. Smith, Capt. Rutgers — New-York. Genl. Ten Broock, Mr. Ab. Yates, Mr. Gansevort, Col. Nicoll on duty — Albany. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Ulster. Genl. Woodhull, Mr. Gelston— Suffolk. Col. Ten Broeck — Dutches. Col. Allison, Col. Hay — Orange. Col. Jos. Drake, Mr. Ward, Col. L. Graham, Dr. Graham— WesU Chester. Mr. Van Derbilt, Mr. Leffertse— Kings. Col. John Williams — Charlotte. Mr. Adn. Bancker — Richmond. Col. Wm. Williams — Cumberland. Mr. Moore — Tryon. The officers proposed for artillery companies in this Co- lony having, by direction from this Congress, been desired to attend, and be examined by Capt. Smith, the engineer, Col. McDougall delivered in a certificate which was read and filed, and is in the words following, to wit : "Feb. 26th, 1776. "Agreeable to desire of Col. McDougall, we have exa- mined Mr. Jas. Moore, and think him fit for a captain lieutenant of artillery. " WM. SMITH, Chief Engineer. " S. BADLAM, Capt. of Artillery." The said certificate being satisfactory to this Congress, Ordered, That Mr. James Moore, be appointed, and he is hereby appointed captain lieutenant of artillery in this Colony. Col. Saml. Drake, of the minute regiment from the county of Westchester, attending at the door, was admitted. He informed the Congress that four months, the term for which many of his men had enlisted, was fully expired, and that they demanded their pay ; that if he is enabled to 328 JOURNAL OF THE PROVINCIAL CONGRESS. pay them, many of them may probably enlist anew. As Col. Drake has not a muster roll of his regiment with him, the Congress agreed to advance him £'300 on ac- count. Thereupon, Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, advance to Col. Saml. Drake the sum of £300 on account of the pay of his regiment of minute men, and take Col. Drake's receipt for the same. Col. Lott informed the Congress that, by order of the Committee of Safety, he had purchased a large quantity of bread ; that the bakers of whom he purchased desire that it may be removed, and that he is in advance for the pur- chase of said bread, and requested some money on account. Ordered, That Col. Lott procure a store and have the said bread stored therein, and the Congress approves of the stores of Mr. V. Ranst, on Cowfoot Hill, for that pur- pose. And, Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of this Congress, advance to Col. A. Lott the sum of £500 on acct. in part of the price of the bread purchased by order of the Committee of Safety, and take a receipt for the same. Mr. Smith, according to order, reported a draft of a letter to the Continental Congress, to cover the list of gentlemen recommended for field officers of the 4 battalions raising in this Colony, which was read and approved, and is in the words following, to wit : "In Provincial Congress, ? " New-York, 28th Feb. 1776. 5 " Sir — In obedience to the resolution of Congress, we have now the honour to transmit a list of gentlemen nomi- nated by us as field officers for the 4 battalions ordered to be raised for the defence of this Colony. " In this nomination, we have endeavoured to pay due attention to the merits of those officers who served in the last campaign, and are willing to continue in the service. To these we have added a number of gentlemen who now tender their services to their country. As soon as the field officers are fixed by Congress, we beg their commis- sions may be forwarded. The other officers are appoint- ed and are recruiting in different parts of this Colony. " It may not be improper to mention that some of the captains and subalterns who served in our regiments last year are now in Canada. Those gentlemen we have not been able to provide for in the four battalions now raising, as we were uncertain when they would return, or whe- ther they were not provided for in the Canada regiments ; we were apprehensive if we provided for them in our bat- talions, it might impede the raising the troops, and there- by injure the service. In justice to those gentlemen, we thought it our duty to mention this, and to enclose a list of their names, and doubt not but that their services will be duly considered by Congress, and that proper provi- sion will be made for them if they are not already provid- ed for. " We have the honr. to be, sir, " Your most obt. servts. " By order. " The Honbl. John Hancock, Prest. of Continental Congress." The gentlemen nominated out of which to elect fieh ficers for the 4 regiments to be raised for the this Colony are those that follow, vizt : of- defence of " For Colonels. Alexr. McDougall, James Clinton, Rudolph us Ritzema, Peter Yates, Corns. D. Wynkoop, Philip Cortlandt, John Lasher, Seth Warner. c Fredk. Van Weissenfels, Henry B.Livingston, John Nicolson, For Lieut. Colonels. Herman Zedwitz, Peter Gansevort, Junr. Barnabas Tuthill, Henry G. Livingston, Peter P. Schuyler, John Hathorn, Egbert Dumont, Governeur Morris. For Majors. John Fisher, Marinus Willett, Jos. Benedict." A draft of a letter to the Delegates of this Colony on the subject of the appointment of officers was read and approved, and is in the words following, to wit : " In Provincial Concress, ) " New-York,28th Feb. 1776. $ " Gentlemen — We have by this conveyance transmit- ted to Congress a list of the field officers nominated by us for the 4 battalions intended to be raised in this Colony ; and in order to show that we have paid a proper attention to those gentlemen who served in the last campaign, we have enclosed a state of the former regiments raised in this Colony, that you may produce it in case it should be called for by the Continental Congress. " We are with esteem, gentlemen, " Yours, &c. &c. " By order. " To the New-York Delegotes in Continental Congress." Ordered, That copies of the said two letters be engross- ed, and signed by the President, and transmitted. A letter from Major-Genl. Schuyler, dated the 21st inst. requesting arms, clothing, blankets, pitch, turpen- tine and oakum, was read and filed, and is in the words following, to wit : " Albany, Feb. 2\st, 1776. " Sir — Mr. McKesson's letter by your order enclosing the resolutions of Congress of the 5th inst. 1 yesterday received. " Measures are taken to complete Col. Van Schaick's regiment, and hope with the assistance which the com- mittee of this city and county affords me, that it will be speedily accomplished. But I am distressed in the high- est degree for arms, clothing, blankets, and every other necessary. I must therefore entreat that those things may be sent up the soonest possible, together with 100 barrels pitch, 10 of turpentine, ami 2 tons of oakum. I wish these things to be put on board of a vessel and sent up as soon as possible ; I suppose the river will soon be open. " Capt. Horton of the 4th regiment is willing to conti- nue in the service, so is Capt. Henry B. Livingston. I wish the latter could be promoted, out of respect to his family as well as his own merit. " I am, sir, your most obt. humble servant, " PHIL. SCHUYLER. " To the Prest. of the New-York Congress." Thereupon ordered, that Col. Curtenius purchase im- mediately, vizt: 100 barrels pitch, 10 barrels turpentine, 2 tons oakum, and have them put on board of the first sloop for Albany, directed to Walter Livingston, Esqr. or his deputy. A letter from Robert Boyd, dated at New-Windsor the 23rd inst. was read and filed ; he therein informs that he has got the best gunsmiths' shop in the Colonies. That he finds it difficult to get workmen. That he will deliver arms for the public money he received, and that he is in- clined to think he shall not proceed farther on his old con- tract. A petition of Azor Betts was read and filed. A certifi- cate or endorsement thereon, signed by William Elsworth, chairman of the committee of Kingston, was also read and filed. The said Azor Betts begs leave to return to a sense of his duty to his country, and requests forgiveness and protection. The said certificate mentions that he had of- fered to sign a recantation and make oath for his futun good behaviour. Danl. GrifTen, Corns. Van Dyck, DIE JOVIS, 10 ho. a. m. Feb. 29th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. Col. Lott, Mr. Prince, Mr. Rutgers, Capt. Rutgers, Mr. Denning Mr. J. Van Cortlandt— For New-York. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Ulster. JOURNAL OF THE PROVINCIAL CONGRESS. 329 .Mr. Van Derbilt, Mr. Covenhoven — Kings. Genl. Ten Broeck, Mr. Yates, Mr. Gansevort, Col. Nicoll on service — Albany. Col. P. Ten Broeck, Major R. G. Livingston, Major Schenck— Dutches. Mr. Ab. Bancker — For Richmond. Col. Jno. Williams — For Charlotte. Genl. Woodhull, Mr. Gelston— Suffolk. Col. Allison — Orange. Mr. Ward, Dr. Graham— Westchester. Mr. Moore — Tryon. Col. W. Williams — Cumberland. A return of officers to fill up several vacancies occa- sioned by promotions in the Florida and Warwick regi- ments, subscribed by John Hathorn, chairman, dated at Goshen, the 28th inst. was read and filed. They thereby return for officers in the late Capt. Henry Wisner's company, Abm. Dolson for capt. ; Henry Bartolf, lieut. ; John Hopper 2nd lieut. ; and Malhias Dolson, ensign. In Capt. Nathl. Elmore's company, John Sayre, lieut.; John Kennedy, 2nd lieut. ; and in the late Captain Charles Bardsley's company, John Minthorn, capt.; Nathl. Ketch- am lieut.; Geo. Vance, 2nd lieut.; and John Benedict, en- sign. Ordered, That commissions issue for those gentlemen. Col. John Williams applied for blank commissions for three companies of minute men in Charlotte county, to be transmitted to the county committee of Charlotte county. Ordered, That the com missions for three companies, sign- ed and attested, and otherwise blank, be delivered to Col. John Williams, to be transmitted to the said county com- mittee. Francis Lewis, Esqr. from Continental Congress, came into Congress and informed them that a quantity of gun- powder at Brunswick is to be forwarded to Genl. Wash- ington ; that he had given orders to have it forwarded to Powle's Hook. Mr. King, who came with the powder came into Congress. Mr. Lewis and Mr. King informed that there was great difficulty in obtaining wagons, and that Mr. Dennis was of opinion that it might be safely sent by water to Brown's ferry. This Congress is of opinion that Mr. King should return and get the powder forwarded, and that this Congress should not give any order about the powder in Jersey until it arrives at Powle's Hook. Ordered, That Mr. John Van Cortlandt and Mr. Prince be a committee to procure wagons to carry the said powder forward. The members were charged from the Chair to keep this matter about the gunpowder secret. Die Jovis, 4 ho. P. M. Feb. 29th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Col. Lott, Mr. Smith. Mr. Van Cortlandt, Mr. Hallett, Mr. Prince. Mr. Rutgers, Capt. Bulgers, Col. McDougall — New-York. Mr. A. Bancker — Richmond. Mr. Moore — Tryon. Genl. Ten Broeck, Mr. Abm. Yates, Col. Nicoll on service — Albany. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Ulster. Col. Hay, Col. Allison— Orange. Col. Jno. Williams— Charlotte. Genl. Woodhull, Mr. Gelston— Suffolk. Col. Ten Broeck, Major Schanck— Dutches. Mr. Ward, Dr. Graham, Col. Drake — tVestchester. Col. Wm. Williams — Cumberland. Niles Christain left England 2nd or 3rd Nov. 11 weeks ago ; was chief mate of the ship Harriet, sailed this day for Boston ; that no other vessel sailed with them ; no troops left England when he sailed ; that some transports were gone to Ireland, and GO or 70 transports were at Dept- ford to go to Ireland ; that they had 80 hogs on board, and 30 are now alive ; that the troops from Ireland are to go to Boston ; that Genl. Gage was arrived and was blamed for leaving Boston; that 140 bushels potatoes, 104 chaldrons coal and a quantity of porter, and a parcel of onions ; that the people of London are in general in favour of America ; 83 that in Ireland they have pressed recruits ; that he did not hear of any recruiting in England ; trade dull ; the Ame- rican ships laid up ; did not hear of any commissioners coming over ; that he was bred at Charlestovvn, Mas- sachusetts ; that the pilots frequently came on shore for fowls ; that their ship has not received any supply of provisions or flour, except a few fowls ; that the captain's order was not to any particular port, but to any place where the army is. The said Niles Christian requested a pass to go to Cambridge. Thereupon a passport was given to him in the words following : " The bearer hereof, Niles Christian, late mate of the transport ship Harriet, who has escaped from the said ship, and whose former stated place of residence was at Charles- town, Massachusetts Bay, is hereby permitted to pass to Cambridge, in Massachusetts Bay." Joseph Booth, attending at the door, sent in a certificate, dated 26th inst. from the committee of correspondence for New Town, in Fairfield county, certified by Caleb Bald- win, clerk of the said committee, was read. It is thereby certified that Joseph Booth, the bearer, had lately served his country as a faithful friend and soldier in the northern army, under the command of Genl. Schuyler ; that he had suffered by the stoppage of his cattle at Bedford, on the way to New-York market ; that he is the owner of the said cattle, and that the said committee take pleasure in recom- mending him as a friend to his country. The Congress look the same into consideration, and came to the following determination, to wit : " Whereas a large supply of fresh provisions will be required for the Continental army in and near the city of New- York: "Resolved and Ordered, That no obstruction whatso- ever be given to any person or persons in passing and re- passing through any of the counties in this Colony, with fat cattle, sheep, hogs, or any kind of provisions, for the purpose of supplying the inhabitants of the said city of New-York, or the Continental army in and near the said city, unless such person or persons shall have been adjudg- ed to be, or held up, as inimical to this country." A certificate was also given to the said Joseph Booth, in the words following, to wit : " Ordered, That the bearer hereof, Joseph Booth, be permitted to pass with his drove of cattle to the city of New-York." Geo. Cook sent into Congress a certificate or receipt, which was read and filed, and is in the words following, to wit : " Received, New-York, Feb. 28th, 1776, of Mr. Geo. Cook, 50 pouches and 50 bayonet belts, to the best of my judgment in good order. " RICHD. NORWOOD, " Commissary of Colony stores." Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of this Congress, pay to Geo. Cook the sum of £35 for the said pouches and bayonet belts. The consideration of the report of the committee on the subject of a farther emission of paper money, was post- poned until to-morrow morning. The case of the prisoners confined in the guard house for being concerned or instrumental in spiking up the can- non near King's Bridge, with the evidence against them, is appointed to be heard and taken into consideration to-mor- row afternoon. DIE MERCURII, 10 ho. a. m. March 1st, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Roosevelt, Col. Lott, Major Stoutenburgh. Capt. Rutgers, Mr. Prince, Mr. Hallett, Mr. Van Zandt, Mr. Scott, Mr. Denning— New- York. Col. Hay, Col. Allison — Orange. 330 JOURNAL OF THE PROVINCIAL CONGRESS. Mr. Ad. Bancker— Richmond. Mr. A. Yates, Mr. Gansevort, Genl. Ten Broeck— For Albany. Mr. Rhea, Mr. Lefever, Col. Palmer on service— Ulster. Mr. Ward, Col. Jos. Drake, Dr. Graham— Westchester. Mr. Moore— Tryon. Col. Wra. Williams — Cumberland. Genl. Woodhull, Mr. Gelston, Mr. Hobart— For Suffolk. Col. P. Ten Broeck, Major R. G. Livingston, Mr. Gilb. Livingston, Major Schenck — Dutches. Mr. Van Derbilt, Mr. Leffertse — Kings. Col. John Williams — Charlotte. Capt. Smith, the engineer, came to Congress and was admitted. He reported that by order of Genl. Lee, he had been up to the Highlands, and surveyed the ground at Poop- lopen kill ; that the ground is staked out ; that he will send a draft of the fortification, intended to be erected, to the commissioners, as soon as possible ; that he thinks the fort may be built at an easy expense, as wood and fascines are handy. As to embrazures and the number of cannon requisite, he would send up a draft for that purpose ; that a fort is laid out about 500 yards to the eastward of Fort Constitution, on a commanding situation, commanding the passage up and down the river, and scours the West Point ; between that and the line which is now laid out at Consti- tution fort, is a very commanding height, on which ought to be placed a redoubt, to prevent the works being enfi- laded to the southward; at the distance of about 1,700 yards is laid out a fort on a very commanding height, which will command the northern and western passage, of which drafts will be sent up. These forts are recommended to be built of sods and fascines, which nature has plentifully supplied at Pooplopen's kill. At Fort Constitution is a salt marsh meadow, which will supply sods necessary to build forts at that spot ; that these works may be erected without masons or carpenters, the platforms excepted. The town major at the door was admitted. He informed Congress that Rynier Van Hoosen was taken, and is in custody. Ordered, That he be reported to Genl. Lee. The report of the committee for the emission of £55,000, according to the order of the day, was taken into consider- ation and read, and amended ; and being again read, para- graph by paragraph, and many amendments made and unanimously agreed to, it was ordered to be taken into farther consideration to-morrow. The Congress are informed that Capt. Smith, the en- gineer, would with pleasure if commanded, tarry on duty in this Colony. Ordered, That Mr. Scott and Mr. Hobart be a commit- tee to wait on Genl. Lee, and to request that Capt. Smith, the engineer, may be ordered to remain on duty for some time in this Colony. A resolution of the Provincial Congress of New-Jersey, made the 28th day of Feby. repealing their late embargo on provisions, from that Colony, to this city, was read and and filed, and is in the words following, to wit : " In Provincial Congress, ? " Feb. 28th, 1776. $ " Whereas the late resolution of this Congress, prohibit- ing the export of provisions and produce from this Colony to New-York, was founded on information, that the ships of war in New-York made captures of vessels so laden : And whereas the Congress are fully satisfied that the reason of making said prohibition no longer subsists. It is therefore, "Resolved unanimously, That the resolution of this Congress, made the 21st day of this instant Feby. pro- hibiting the export of provisions and produce from this Colony to the city of New-York, be and is hereby re pealed. " A true copy from the minutes. " WM. PATTERSON, Secy. " Copy from the original. "H. Remsen." A letter from Col. Henry Remsen, dated at New Ark, 29th Feb. informing of part of the Continental powder in- tended for Cambridge, being arrived at New Ark, was read. The committee of this Congress appointed to prepare wagons here to carry it to Cambridge, reported that wa- gons stand ready to receive it as fast as it arrives here. Ordered, That Col. Remsen's letter be committed to Mr. Joseph Hallett, one of the members of this Congress ; that he be authorized, and is hereby authorized, to take such methods and give such directions for the forwarding thereof to this city as he shall think proper or most safe, and without any further information to be given to this Congress, until he has the same safe in this city. A letter from Col. Curlenius on the subject of a demand of the hospital stores in his custody, and sundry other mat- ters, was read and filed, and is in the words following, to wit : " February 24, 1776. " Gentn. — Agreeable to your orders I desired Mr. Hughes to shew me by what authority he demanded the stores taken out of the lower barracks, upon which he shewed me a recommendation in his favour, from the Con- gress of this Province to the Continental Congress, which I thought was not a sufficient authority for me to deliver up the stores, since which he has been at my house and told me that if I would not deliver them to him, the gene- ral would send a file of soldiers to take them. I should be glad to know how to act, the general being impatient to have an answer. Enclosed are three accounts for ra- tions due to Capts. Hulbert, Griffin, Grennell and their officers, amounting to £179 7s. Od. which sum they de- mand of me. Please to let me know whether I must pay them. The rations are rather charged under than over the mark. " Lieut. Marvin also delivered me a doctor's bill amount- ing to 32 shillings, which was for medicine administered to him while he lay at the east end of Long island, where there was no regimental surgeon. " I have purchased three thousand bushels of salt out of the ship Lady Gage, to go up to Albany. Should be glad to have the advice of Congress how to get it out of the kills. " I am, gentn. your most obt. servt. " PETER T. CURTENIUS. " Please to return the accounts by the Secretary." Thereupon a draft of a letter to Major-Genl. Lee was prepared by one of the Secretaries and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, Feb. 24th, 1776. J " Sir — We are informed by a letter from Col. Curtenius, our commissary, that Mr. Hughes has demanded of him, (by your command as he says,) certain hospital stores in his custody by our order, for the use of a general hospital. " We beg leave to inform you, sir, that those stores were taken into the care and direction of the Congress of this Colony the last summer, by order of the Honble. the Con- tinental Congress ; since that time they have been under continual guard by our directions, and that of one company at least every night, and the keys thereof in the custody of our commissary. " Necessity obliged us, though with reluctance, lately to apply some part of those stores to cover straw beds for the troops. With pleasure we lately ordered out a small part of them for the use of a few indisposed troops. " Should those stores be applied to any other use than that to which they have been devoted, give us leave to say, that it is scarcely in the power of the Continent to supply an hospital. " To you, sir, we need not mention the consequences; add to this, sir, we look upon ourselves responsible for them to the Continental Congress, and that by their own JOURNAL OF THE PROVINCIAL CONGRESS. 331 order in the premises, and under this apprehension we have hitherto acted. " We are, respectfully, sir, " Your very humble servts. " By order. " Major-Genl. Lee." A return of the officers of a company of minute men in Beekman precinct, dated 23rd Feb. last and signed by James Vandenburgh and Ebenezer Cary, two of the committee, was read and filed. They thereby return the following gentlemen as duly and unanimously elected by the com- pany, to wit: Wm. Clark, capt. ; Benjn. Noxon, 1st lieut. ; Martin Cornell, 2nd lieut. ; and Nathl. Cary, ensign. Ordered, That commissions issue for those gentlemen accordingly. Mr. William Williams, one of the Deputies from Cum- berland county, delivered in a letter or return of field offi- cers recommended by the county committee of Cumberland county, dated the first day of Feby. last, signed Benjamin Carpenter, chairman, which was read and filed. There- upon, Ordered, That commissions issue to the gentlemen re- commended by the county committee for officers of the lower regiment of Cumberland county, as follows, to wit : To William Williams, Esqr. as colonel ; Benjn. Carpen- ter, Esqr. as lieutenant colonel ; Oliver Lovel, Esqr. as 1st major ; Abijah Lovejoy, Esqr. as 2nd major ; Saml. Mi- nor, Junr. gentleman, as adjutant ; and Saml. Fletcher, gentleman, as quarter-master of said regiment. A letter from the committee of Cumberland county, signed by Benjn. Carpenter, their chairman, dated the 2nd day of Feb. last, delivered to the President by Major Wm. Williams, was read and filed, and is in the words following, to wit : " Cumberland county, Westminster, Feb. 2nd, 1776. " Sir — As this is an infant county (though heartily dis- posed in the cause of American liberty,) we are at present unable to furnish our Delegate with the cash, which per- haps may be absolutely necessary to supply his present ne- cessities. The county is about raising a tax, which is already voted by the county committee, and we are deter- mined to raise said tax as quick as possibly we can ; there- fore should be exceeding glad, under our present necessi- ties, that our Delegate, Major Wm. Williams, might re- ceive out of the Provincial treasury the sum of £40, New- York currency. " We hope soon to be able to remit said sum of £40 to the Honble. Provincial Congress at New- York. " The Congress complying with our request, will much oblige "Your most obt. servts. &c. " Signed by order of the committee of " Safety for Cumberland county, " BENJN. CARPENTER, Chairman. " To the Honble. the President of the Provincial Congress for the Colony of New-York." The Congress took the said letter into consideration, and thereupon, Ordered, That Peter Van B. Livingston, Esqr. the Treasurer of this Congress, advance on loan to Major Wil- liam Williams, on the credit of Cumberland county com- mittee in general, and of Benjamin Carpenter, the chair- man of the said committee, in particular, and Major Wil- liam Williams therein named, the sum of £40, to be repaid in such manner as this or some future Provincial Congress or Committee of Safety shall direct. And that in the mean time, until such payment be made or discounted by some order of Congress or Committee of Safety, that the said Benjn. Carpenter and Wm. Williams jointly, and each of them separately, be considered as indebted to the said Pe- ter V. B. Livingston, Esqr. his executors or administrators, in the sum of £40, New- York money, for so much money lent, to be repaid on demand ; and in default of such payment or discount by order of Congress or of Committee of Sa- fety, to be recovered by the said Peter Van B. Livingston, his executors or administrators, by suit at law or other- wise, with all costs and disbursements. And Ordered farther, That the said original letter be made a part of the draft of the minutes of this Congress, and that the Secretaries deliver certified copies of the said let- ter and this entry to be filed with the said Treasurer as his voucher for the said sum of £40. 4 ho. P. M. March 1st, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Col. McDougall, Major Stoutenburgh, Col. Lott, Mr. Rutgers, Mr. Prince, Mr. Scott, Mr. Roosevelt, Mr. Van Cortlandt— For New-York. Genl. Ten Broeck, Mr. Abm. Yates, Col. Nicoll on service — Al* bany. Col. Ten Broeck, Mr. G. Livingston, Major R. G. Livingston, Major Schenck — Dutches. Genl. Woodhull, Mr. Gelston, Mr. Hobart -Suffolk. Col. Hay, Col. Allison — Orange. Mr. Rhea, Mr. Lefever, Col. Palmer on service— Ulster. Col. John Williams — Charlotte. Mr. Ad. Bancker — Richmond. Col. Wm. Williams — Cumberland. Mr. Moore — Tryon. Mr. Ward, Dr. Graham, Col. Drake — Westchester. Mr. LefTcrtse, Mr. Van Derbilt — Kings. The memorial of Doctor Benjamin Curtis, requesting to be appointed surgeon to a regiment, was read and filed ; and the certificate of Dr. John Jones and Doctor Bard, therein recited, was also read and highly approved of. Ordered, That the said Benjamin Curtis be and he is hereby appointed a surgeon for one of the regiments now raising in this Colony ; and that in the mean time he take the care of such indisposed troops of any of the said four regiments as are or may be in the city of New-York until further order, or until he shall be appointed to attend or take the care of one regiment in particular. A return of officers of the militia company in Col. Drake's regiment, whereof Ebenezer Slason (now promoted to a major) was late captain, dated this day, and subscribed by Samuel Drake and Lewis Graham, was read and filed. The following officers are thereby returned : Henry Slason is thereby returned for captain, Ebenezer Schofield to [be] first lieutenant, Danl. Walerbury to be second lieutenant, and David Purdy to be ensign. Ordered, That commissions issue for those gentlemen accordingly. Mr. Leffertse informed the Congress that the militia of Kings county have elected their officers ; that to-morrow will be a time of general meeting of the officers, that if commissions could be delivered to him, the committee of Kings county could to-morrow fill up commissions for such officers as are willing to accept, and bring in the returns without delay. Thereupon, Ordered, That 28 commissions for 7 companies be given to Judge Leffertse. A letter from Wm. Bedlow, Jonathan Lawrence and Thomas Palmer, at the fortifications in the Highlands, was read and filed, and is in the words following, to wit : " Fort Constitution, Feb. 29th, 1776. " Gentlemen — We have received the order of the Con- tinental Congress by Messrs. Palmer and Livingston, ac- companied with Col. Smith, the engineer, who has plan- ned the fortifications agreeable to the said order and much to our satisfaction, and you may be assured that nothing shall be wanting on our parts to prosecute the same ; but in order to give the troops stationed here, and who are expected to perform the labourers' work, better spirits, we beg leave you would enable us to give them such further allowance of provisions to each labourer as we may see necessary, their present allowance being really too small for labouring men. 332 JOURNAL OF THE PROVINCIAL CONGRESS. " We would also beg leave to represent to you, that as the works are now laid out, are extensive, and at seven miles distance from each other, that four commissioners, two at Poploop's kill and two at this post will be necessary, they acting jointly at all the works ; and if your honourable House should be of the same sentiment that we may have one more added to our present number, we would presume to recommend Mr. Gilbert Livingston, as a gentleman from whose abilities the public service would be benefitted up here. " We are, gentlemen, with respect, " Your hble. servts. " WM, BEDLOW, " JONTHN. LAWRENCE, "THOMAS PALMER. " To the Honble. Provincial Congress lor New-York." Messrs. Scott and Hobart returned from Major-Genl. Lee, and reported that he consents that Capt. Smith, the engineer, shall remain in this Colony for some time ; that Genl. Lee has not an immediate occasion for the wagons mentioned this morning ; that he thanks Congress for the offer of cash to furnisli necessaries, and will call on them if he should have occasion. The Congress then took into consideration the resolu- tions of the Continental Congress on the 15th of Feb. rela- ting to the fortifications in the Highlands, and the letter from the commissioners of the 29th February last, and after a considerable time spent thereon, the Congress came to the following determination, to wit : Ordered, That the commissioners for building the for- tifications in the Highlands, be, and they are, hereby au- thorized to employ vessels for quartering the troops to build the fort at Pooplopen's kill, until barracks are built, and also that they be authorized to call in as many of the minute men of Col. Palmer's regiment as can be employed there ; and in case they cannot get a suf- ficient number of minute men, to order as many of the Continental troops raised in the counties of Orange, Ul- ster, Westchester and Dutches to that post, as will be ne- cessary to expedite the said works. Ordered further, That such Continental troops as may be called and employed at the said works be continued there until the further order of the Continental or this Con- gress, the Committee of Safety or the commanding offi- cer of the Continental troops in this department. And on considering the letter from the said commission- ers at the fortifications in the Highlands, Resolved and Ordered, That Gilbert Livingston, Esqr. be, and he is hereby, appointed an additional commissioner to superintend the building of the said fortifications in the Highlands. Mr. Hobart moved, and was seconded by Mr. Yates, that a committee be appointed to draw and report a plan of an election for a new Provincial Congress. Ordered, That Mr. Scott, Mr. Hobart and Mr. Yates be a committee for that purpose. Elias Nixen the port master, at the door, was admitted, he informed the Congress that the officer of the port guard had seized and taken two servants of Govr. Tryon who came to shore in a boat with a quantity of linen to be washed ; that he had informed the officer of the guard that it was not contrary to the directions of this Congress for persons to come on shore from Govr. Tryon's ship ; that the officer persisting that it was agreeable to his or- deis from the general, he prevailed on him to send up to the general. The officer said the general ordered that they should not be discharged ; that the said two ser- vants were sent to the guard house and in custody. The port master farther informs that his office is become useless ; that the guards have fired at several boats this day ; that the general told him last night that no provisions should go to the Governor until the occasion of his having stopped a large quantity of flour was cleared up ; that he has seen the Governor's two servants put into the guard house. DIE SABATTI, a. m. March 2nd, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Van Zandt, Mr. Smith, Mr. Evert Bancker, Mr. Prince, Mr. Roosevelt, Wm. Denning, Mr. Ad. Rutgers, Mr. Scott 12 o'clock, Mr. Van Cortlandt, Major Stoutenburgh, Col. Lott — New-York. Genl. Ten Broek, Col. Nicoll on service, Mr. A. Yates, Mr. Ganse- vort — Albany. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Ulster. Mr. Ward, Dr. Graham, Col. Van Cortlandt— Westchester. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Col. Ten Broeck, Major Schanck, Mr. G. Livingston— Dutches. Mr. Van Derbilt, Mr. Leffertse— Kings. Col. Hay, Col. Allison — Orange. Mr. Bancker— Richmond. Col. Jno. Williams — Charlotte. Mr. Moore — Tryon. Col. Wm. Williams — Cumberland. A memorial of Robert Robinson and Michl. Price, set- ting forth the particular hardships of their case, was read and filed. They therein set forth that having been held up to their country for their conduct in a breach of a resolution of the Continental Congress, they have been for a long time ex- cluded from all business ; that they are sincerely penitent for their offence ; that they are willing in this distressed season of the year to give £50 for the use of the poor, and pray to be restored to their former standing. A memorial of sundry respectable merchants and other inhabitants on behalf of the said Robinson and Price, was also read and filed. Ordered, That the said memorials be referred to Col. Lot, Mr. Gansevort and Mr. Ad. Rutgers as a committee to report thereon, and that they report with convenient speed. Two orders from Genl. Lee to the barrack-master for 10 beds for the use of some sick soldiers in Col. Ward's regiment, and for 20 iron kettles for Ward's regiment, were read and filed. Ordered, That Col. Curtenius deliver to Mr. Garret Roorback the barrack-master, 10 covers for straw beds for the use of some sick soldiers in Ward's regiment, and at the special request of Major-Genl. Lee. Ordered farther, That the barrack-master furnish to Col. Ward or the quarter-master of his regiment, 20 iron pots or kettles, and take a receipt from Col. Ward or his quarter-master for the same, as delivered by order of Ma- jor-Genl. Lee, on Continental account. The members of Kings county, who were appointed a committee for that purpose, delivered in their report, which was read and filed, and is in the words following, to wit : " Your committee to inspect with regard to billetting of troops in Kings county do report : " That the inhabitants of Kings county cannot keep offi- cers at less than 7s. per week for a room and the follow- ing necessaries, allowing two officers to a room, and pri- vates at Is. Ad. " The officers and men to be supplied with the follow- ing articles, to wit ; cribs, bed cases, bolsters, pots, tram- mels, tongs and shovels, andirons, axes, candlesticks, benches, buckets, firewood, candles, straw, house-room." The Congress are of opinion that the allowance re- ported is moderate and reasonable, and agrees with theii committee in their said report. An order from Mr. Jonathan Lawrence, one of th< commissioners at the fortifications in the Highlands, wa: read, and is in the words following, to wit : " Fort Constitution, Feby. 28th, 1776. " Gentlemen — Please to pay unto Mr. John Van Dei bilt or order, £50, it being part of my pay as commis sioner of fortifications, and for which his receipt will 1> acknowledged by, gentlemen, your humble servant, "JONATHAN LAWRENCE. " To the Honble. Provincial Congress, New- York." JOURNAL OF THE PROVINCIAL CONGRESS. 333 Ordered, That Peter Van B. Livingston, Esqr. as Treasurer of this Congress, pay to Mr. John Van Derbilt or his order, the sum of £50, on account of the pay due to Mr. Jonathan Lawrence, as one of the commissioners employed in erecting the fortifications in the Highlands, and take a receipt for the same. Col. McDougall informed the Congress that Capt. James Smith has the care, and charge of the sloop or ves- sel which Capt. Rutgers and himself were directed by this Congress to purchase and arm. That Capt. Smith has had sundry disbursements in that matter, and also that wages are due to the men and mariners employed in and about the said sloop. That Capt. Smith has occasion for about £50 on account. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, advance to Capt. James Smith the sum of £50, on account of wages for the seamen, mariners and marines belonging to the sloop Schuyler, now under his command, and the ex- penses and disbursements of the said James Smith for and on account of the said armed sloop, and her arms and ap- purtenances. A letter from the committee of Richmond county was read and filed. They inform that Isaac Decker and Minne Burger are returned to Richmond county from the jail of the borough of Elizabeth, and that on the 28th Feby. the day of the date of the postscript of the said letter, they had received from Col. Thomas the charges against the said Decker, Burger and Richard Conner. Information having been given to this Congress by se- veral members, that the sentries placed near the wharves frequently fired at boats and sloops, with the inhabitants of this and the neighbouring Colonies, as they are going out and coming into the docks and slips, whereby the persons on board are in danger of losing their lives ; that the mas- ters of some of those very boats or sloops had obtained passes before thev attempted to go out. Information was also given to this Congress yesterday evening, and by some members this day, that all commu- nication with, and the supplies of necessary provisions to, the ships of war, and Govr. Tryon's ship, in the harbour or in the bays near this city, is interdicted ; and Mr. Roosevelt informed the Congress that Col. Waterbury has lately declared that the other United Colonies ought to | crush this Colony of New-York ; and that Mr. Isaac i Sears had spoken of this Congress, and the general com- mittee of the city of New- York, in the most harsh, disre- spectful and abusive terms, many of which were mention- ed by Mr. Roosevelt. On motion of Mr. Gansevort, Ordered, That Mr. Scott, Mr. Hobart and Mr. Ganse- vort be a committee to wait on Major-Genl. Lee without delay, and request of him the reason of his interdicting the communication between this city and the ships of war and Govr. Tryon's ship, in or near the harbour of this city, contrary to the resolves of this Congress ; and also to request the occasion of the firing by the soldiery of this city on the inhabitants of this Colony, that are coming to and going out of the city. And Ordered, That Mr. Smith, Col. Lott and Mr. Roose- velt be a committee to inquire into, and take examinations on oath relative to the soldiers firing on the inhabitants in boats, and also as to the declarations of Col. Waterbury and Mr. Isaac Sears inimical to this Colony and its inhabi- tants. Die Sabbati, 4 ho. P. M. March 2d, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, Prest. Mr. Vaa Zandt, Mr. E. Bancker, Mr. Denning, Mr. Scott, Mr. Smith Mr. Hallett a very short time— New-York. Genl. Ten Broeck, Mr. Yates, Mr. Gansevort— Albany. Mr. Rhea, Mr. Lefever, Col. Palmer on service— Ulster. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. 84 Col. Ten Broeck, Mr. G. Livingston, Major Schenck, Col. Hum- phreys — Dutches. Col. Hay, Col. Allison — Orange. Col. Van Corllandt only — Westchester. Mr. A. Bancker — Richmond. Mr. Moore — Tryon. Col. John Williams — Charlotte. N.B. Kings and Cumberland are entirely absent. Col. Humphreys informed the Congress that many of the minute men of his regiment are in want of shoes and other small necessaries, and he requested a sum of money on account, for his regiment. Col. Humphreys was in- formed that many of his men are not properly accoutred, according to the resolutions of Congress, and that some of them are not even armed. That a sum of money shall be advanced to him, on condition that the said money, or so much thereof as may be necessary for that purpose, shall be laid out to equip his men with arms and accoutre- ments. Ordered, therefore, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, advance to Col. Humphreys the sum of £300, on account of the pay of his regiment, now employed at New- York in the Conti- nental service, and take Col. Humphreys' receipt for the same. And this money is advanced to Col. Humphreys expressly on the condition above mentioned. The committee who attended on Major-Genl. Lee re- turned and made a parol report ; and they were requested to deliver their report in writing at the next meeting of Congress. DIE SOUS, 9 ho. a. m. March 3d, 1776. Many members met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, Prest. Mr. Smith, Mr. Hallett, Mr. Roosevelt— New-York. Col. Ten Broeck only — Dutches. Mr. Ad. Bancker — Richmond. Genl. Ten Broeck, Mr. Yates, Mr. Gansevort— Albany. Col. Hay, Col. Allison— Orange. Col. John Williams — Charlotte. Genl. Woodhull, Mr. Hobart, Mr. Gelson— Suffolk. Col. Van Cortlandt— Westchester. For want of a sufficient number of members to form a Congress according to the standing custom, which is, to have a majority of counties represented, no business could be done, and the members agreed to meet again at 6 o'clock. Die Solis, 6 ho. P. M. March 3rd, 1776. Many of the members met pursuant to adjournment. Present— Brigadier-General Woodhull, Prest. Col. Lott, Mr. Smith, Capt. Denning, Mr. Prince— New-York. Col. Ten Broeck, Mr. G. Livingston— Dutches. Genl. Ten Broeck, Mr. A. Yates, Mr. Gansevort, Gol. Nicoll on ser- vice — Albany. Col. Hay, Col. Allison— Orange. Mr. Moore--2Vi/07i. Genl. Woodhull, Mr. Gelston— Suffolk. Mr. Rhea, Mr. Lefever, Col. Palmer on service— Ulster. Mr. Adn. Bancker— Richmond. For want of a sufficient number of members no business can be done, and therefore adjourned to 10 o'clock to-mor- row morning. DIE LUN.E, a. m. March Ath, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, Prest. Mr. Van Zandt, Mr. Smith, Mr. Denning, Mr. Hallett, Mr. E. Banck- er, Major Stoutenburgh, Col. Lott, Mr. Rutgers, Mr. Roosevelt, Mr. Beekman, Mr. Prince — New-York. Col. Hay, Col. Allison — Orange. 334 JOURNAL OF THE PROVINCIAL CONGRESS. Mr. A. Bancker— Richmond. Genl.Ten Broock, Mr. Ab. Yates, Mr. Gansevort, Col. Nicoll on ser- vice— Albany. Mr. Rhea, Mr. Lefever, Col. Palmer, on service— Ulster. Col. Van Cortlandt, Col. L. Graham — Westchester. Mr. Moore — Tryon. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Col. Ten Broeck, Mr. G. Livingston — Dutches. Mr. Polhemus— Kings. Col. John Williams— Charlotte. Col. Wm. Williams — Cumberland. A letter from Lieut. Col. Lewis Graham, dated yester- day, was read and filed. He thereby informs that the quarter-master of Col. Drake's regiment declines serving any longer, and recommending Mr. James Cock as a pro- per person. The Congress are of opinion that the colonels of the dif- ferent regiments of minute men should appoint their own quarter-masters, and give them warrants accordingly ; and that this method should be recommended to Col. Drake, as occasion may require it, and order that Mr. Benson by letter inform Lieut. Col. Lewis Graham of the opinion of this Congress. A letter from Major-Genl. Schuyler, dated the 21st Feby. on behalf of Mr. Paine, informing that he seems active and lively, and had been some time employed, dur- ing some part of last campaign in the artillery service, and that if there is a vacancy it might be well to employ him. A letter from Major-Genl. Schuyler, of 27th Feb. was read and filed. He therein says that Capt. Willet, during the last campaign, has acted with remarkable attention and propriety, and that he is therefore entitled to the attention of his country. A letter from Major-Genl. Schuyler, also bearing date the 27th Feb. was read and filed, and is in the words fol- lowing, to wit : " Albany, Feby. 27th, 1776. " Sir — Last evening I had the honour to receive your letter of the 22nd inst. I wish it was in my power to in- form you what officers from this Colony are provided for in Canada. I have never been able to get a return from thence, since the order of Congress for raising two bat- talions there; but as one of these battalions I suppose will be officered by the officers from this Colony, you may make a probable guess of who will not be employed there from the enclosed list, on which they stand in the order of their rank in the army. I have also enclosed a list of such officers as served last campaign, and are now part of Col. Van Schaick's regiment. Capt. Billings and Hasbrook, and Lieut. Whelp had warrants for raising men ; but as I have never heard from them since they left this, I took no notice of them in the arrangement of this regiment. I am extremely sorry that you can not supply it with arms. I shall not know how to furnish them. " The arms of the New-York troops were ordered to be returned into the public stores ; such as were so, have since been issued to other troops, but many were lost and carried off by deserters. I shall, at a more leisure hour, send you an account of what were received at Ticondero- ga and Fort George. T do not suppose an account was kept of those that were delivered in Canada. " You will please to order up 600 fathoms of tarred rope for painters of batteaux, &c. and two fishing nets and ropes for four. " I shall probably send into Canada some companies of Col. Van Schaick's regiment before I can hear from you ; those officers I will give commissions to, as I have some blank ones by me. I wish you to send up the blank com- missions for the remainder, as I do not know which of the officers nominated will accept. " I am, sir, with the greatest esteem, " Your most obt. humble servant, " PH. SCHUYLER. " Nathl. Woodhull, Esqr. President, &c. " P. S. I have added Lieut. Col. Yates and Major Gan- sevort to the enclosed list, as they are at least equally entitled to a chance of preferment with any of the other field officers, although they are reappointed to Col. Van Schaick's regiment." The list of officers therein enclosed was also read and filed, and is in the following figures and words, to wit : " A list of officers of the four regiments raised in New- York in 1775, now in Canada, as they rank. "Feby. 28th, 1776. " Field Officers. " Col. James Clinton. " Lieut. Col. Peter Yates, at Albany. " Lieut. Col. John Nicholson. " Major Herman Zedwick. "Major Peter Gansevort, Junr. " Major Lewis Dubois. " Captains. " Frederick V. Weisenfels, "John Vischer, " Barent I. Ten Eyck, " William Goforth, " Gershom Molt, "First Lieutenants. " Benjn. Evans, "Wm. Gilleylen, " Saml. Sacket, " Derick Hansen, " Elias Van Bunschoten, " Aaron Austen, '•' Saml. T. Pell, " John Copp, "Second Lieutenants. " Richard Piatt, " Joseph Fitch, " James Gregg, " John G. Lansing, "Ranald S. M. Dougall, "John Houston, " Isaac Van Wert, "Daniel Gano, " Roswell Beebe, Jacobus S. Bruyn, Elisha Benedict, John Graham, Robt. Johnson, David Palmer. Benjn. Pelton, Thomas Dewitt, Jonathan Pearcy, Wm. McCune, Digby Odium, Corns. I. Jansen, Matthias Clarke, Philip Dubois Bevier. Timothy Hughes, Albert Pawling, Garret Van Waggenen, Alexander Brink, Nichs. Van Rensselaer, Wm. Martin, Wm. Matthewman, Isaac Hubbell, James Dow, " Geo. Nicholson, now town major at Montreal." A list of the officers of the 4 New-York battalions raised in 1775, who have accepted commissions in Colonel Van Schaick's regiment, vizt : Capt. Daniel Mills ; Capt. Joseph McCracken ; 1st Lieut. Andrew Fink; 1st Lieut Charles Graham; 1st Lieut. Moses Martin ; second Lieuts. Guy Young, John Barnes. On having read Genl. Schuyler's letter, Ordered, That Peter T. Curtenius, as commissary, pur- chase on Continental account fiOO fathoms of tarred rope, for painters for batteaux, &c. and 2 good fishing nets, and ropes for four fishing nets, pursuant to a request of Major- Genl. Schuyler, by his letter to this Congress of the 27th ulto. ; and that he forward the same to Albany by the first conveyance, pursuant to the General's request. A draft of an answer to Genl. Schuyler's several letters above mentioned was read and filed, and is in the words following, to wit : "In Provincial Congress, ) "New-York, 4th March, 1776. $ " Sir — We have the honour to acknowledge the receipt of yours of the 21st and 27th ulto. with a list of such offi- cers as have served in the last campaign. We fear, from a want of proper information and the necessity we arc un- der of immediately completing the four regiments ordered to be raised for the defence of this Colony, some gentlemen now absent may be neglecled, whose merits ought to be considered ; in our confused state we shall endeavour to do justice to individuals as far as is consistent with the public service. In this arrangement Mr. Paine's merit wil be consideied. "In the appointment of the captains to our four batta lions we have, through mistake, omitted Captain Wynkoop whose services during the last summer justly merit the at lenlion of the public. We could wish, sir, it was in ou power to provide for him on the lake, as we are informei he is well qualified for service in that department ; but if i should not be in your power to provide for him we beg t I JOURNAL OF THE PROVINCIAL CONGRESS. 335 have the earliest notice, that we may appoint him to the first vacancy. " We have ordered 600 fathoms of tarred rope, two fish- ing nets and ropes for four, to be sent to Mr. Commissary Livingston's at Albany, to whom we have also ordered the quantity of pitch and tar you formerly wrote for, to be sent. You will receive by this conveyance blank commissions for Col. Van Schaick's regiment. " We are, sir, with esteem, " Your obt. humble servts. " By order of Congress. " To Major-Genl. Schuyler, With 60 blank commissions." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted by Mons. De Gas, to- gether with sixty blank Coniinental commissions, and the same were all transmitted accordingly. A letter from Col. James Holmes to Capt. Jacobus Wynkoop, dated at Ticonderoga on the 7th day of De- cember last, was read and filed. Pursuant to a resolution of the Provincial Congress of the 3d Novr. last he therein directs Capt. Wynkoop to make an immediate stoppage in the pay of Thos. Hampton, James Davenport and Henry May, late deserters from Capt. Wynkoop's company in Col. Holmes' regiment, to reimburse the sum of £13 8s. Id. expended and paid by the Provincial Congress for appre- hending the said deserters. Capt. Wynkoop at the door, informs a member that he has stopped the said sum out of the pay of the said deserters, and has the money ready to pay to this Congress or their order. Ordered, That Capt. Jacobus Wynkoop pay to Peter Van Brugh Livingston, Esqr. Treasurer of this Congress, the sum of £13 8s. Id. now in his hands, stopped out of the pay of Thos. Hampton, James Davenport and Henry May, three deserters from his company, in the regiment late of Col. Holmes, to replace the money advanced and paid out of the said treasury for the apprehending and sending back of the said deserters to their regiment ; and that Capt. Wynkoop, on behalf of Col. Holmes, take a receipt of the deputy Treasurer for that sum. Francis Lewis, Esqr. having informed this Congress that he has brought from Philadelphia the separate sums for which the Delegates of this Colony had obtained warrants from Continental Congress and requested the direction of this Congress as to the said money. Thereupon Ordered, That Francis Lewis, Esqr. pay to Peter V. iB. Livingston, Esqr. Treasurer of the Provincial Con- gress of this Colony, the sum of $12,000 • And the further sum of 35,000 Amounting together to the sum of $47,000 obtained on two warrants from the Continental Congress ; that Mr. Lewis deliver such receipts or audited accounts as he may have taken for any part of that money to the said Treasurer as cash, and that he take the Treasurer's or Deputy Treasurer's receipt for the same. Mr. Hobart, from the committee appointed on Saturday last to call on Genl. Lee, to know the reason of the firing by the troops on persons coming to or going out of this city, and the reason of the interruptions given to the per- sons having passports from this Congress, delivered in their report in the words following, to wit : " The purport of the conversation between General Lee and the committee : " Genl. Lee says that he inhibited the communication with the ships of war and the Dutches of Gordon, because he was informed that Govr. Tryon had seized a quantity of flour coming to this market, which he considered as a breach of the compact ; which, though not perhaps ex- pressly made, yet was undoubtedly implied, that while we continued to supply them with provisions, they would not ob- struct any coming to this market ; that he wished the Con- gress would write to Govr. Tryon, and demand an expla- lation of his conduct ; that if they should prefer the mode, he would write himself; that if upon settling the matter the Congress should incline to continue the daily supplies of provisions, he would give the necessary orders to the port-guard, provided no person from the shore should be allowed to go on board the said ships, nor any person to come on shore from the same, as he could not permit a personal communication to be any longer kept up. And as to the firing on the boats, he assured the committee, that it was entirely owing to a misconstruction of his ge- neral orders ; that if the Congress or any individual would draw up a set of instructions for the direction of the port- guard, that shall effectually prevent such inconvenience for the future, he would readily sign it." A part of a letter from Mr. William Bedlow, one of the commissioners at the fortifications in the Highlands, to Mr. John Berrien was read. Mr. Bedlow thereby informs that they are in want of cash to pay wages and discharge some of the debts of last year, and to purchase necessaries, and requesting the sum of £500, to be expended for the use of the said fortifica- tions on Continental account. Thereupon, Ordered, That Peter V. B. Livingston, Esqr. the Trea- surer of this Congress, deliver to Mr. John Berrien as commissary to the commissioners for erecting fortifications in the Highlands and one of the said commissioners, the sum of £500 Continental account, towards the expense of erecting the said fortifications, and that the Treasurer take Mr. Berrien's receipt for the same. Nichs. Bayard, Esqr. this morning attending, was ad- mitted. He informed the Congress that a grenadier com- pany of Col. Lasher's regiment had been the guard of the records of this Colony since they have been at his house ; that he has been informed it is to be changed, and their place supplied by another company ; that the said grena- dier company have behaved so prudently that it would oblige him to have them continued. The Congress took the same into consideration. And thereupon, Ordered, That Mr. Smith. Col. Lott and Mr. Roosevelt be a committee to speak to Col. Lasher, aad with him de- termine on what guard will by proper and necessary for a guard to the said records at Mr. Bayard's. Col. McDougall informed the Congress that it was ne- cessary to have arms for the men of the different compa- nies now enlisting in this city, that they may have arms if called to service, and that they may be inured to the use of arms. Ordered, That Richard Norwood, commissary of this Colony's stores, deliver to Col. McDougall, or his order, such arms and accoutrements, from time to time, in store, as he shall direct for the troops, and take the receipts of such captains to whom such arms and accoutrements are or shall be delivered. Mr. Prince, one of the members appointed to forward the Continental powder to Cambridge, informed this Con- gress that the wagoners here employed in the Continental service, going to Cambridge with the Continental powder, said they could not proceed without some money to defray their expenses ; that he had advanced to the three wagon- ers, who went off with loaded wagons this morning, £20 on account, in part of their pay ; that the other three wa- goners, who are to set off this afternoon, expect to receive the like sum in advance. Therefore, Ordered, That Peter V. B. Livingston, Esqr. advance to Mr. Samuel Prince the sum of £40 on account, in part of the hire of the wagoners carrying Continental gun- powder to Cambridge, and that the Treasurer take Mr. Prince's receipt for the same, and charge it to Continental account. The Congress were informed by Col. McDougall that General Lee has received letters from Genl. Washington and General Green in substance, giving information that Genl. How is removing their spare and heavy cannon and howitzers from Bunker's Hill on board of transports ; that 336 JOURNAL OF THE PROVINCIAL CONGRESS. the transports are drawn up to the wharves, and that the offi- cer's baggage are taken on board of the transports, and that it is probable that the ministerial troops will soon leave Boston. Col. McDougall is requested to obtain extracts in writ- ing from Major-Genl. Lee of such parts of the said letters as may be necessary to be considered by Congress, and that Mr. Smith, Col. Lott, Mr. Hobart and Col. Van Cort- landt be a committee to take such extracts into considera- tion, and report thereon to this Congress what they shall think necessary to be done, and that they report with all convenient speed. Die Lun.e, 3 ho. P. M. March Ath, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Wood hull, Prest. Genl. Ten Broeck, Mr. Yates, Col. Nicoll on service — Albany. Mr.Roosevell, Mr. Bancker, Mr. Van Zandt, Mr. Hallett, Mr. Rut- gers, Mr. Beekman, Mr. Stoutenburgh, Col. Lott, Mr. Smith, Mr. Prince, Capt. Denning, Col. McDougall— New-York. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Mr. Rhea, Mr. Lefever, Col. Palmer on service— For Ulster. Mr. Polhemus — Kings. Mr. A. Bancker — Richmond. Col. Wm. Williams— Cumberland. Col. M. Graham, Col. P. Ten Broeck, Mr. G. Livingston— Dutches. Col. G. Drake, Major Lockwood— Westchester. Col. Hay, Col. Allison— Orange. Col. John Williams— Charlotte. Mr. Moore — Tryon. The report of the committee to consider of and report a plan for a farther emission of paper currency, was taken into farther consideration and read, and being again read, paragraph by paragraph, was in many instances altered and amended, and those amendments agreed to, it was ordered to remain for farther consideration until to-morrow morning. Mr. Yates reported that Capt. Denning and himself, with the assistance of Dr. Treat, had viewed the house on Fresh- water Hill, where John Fowler lately dwelt, with two barns adjoining. That Dr. Treat highly approved of the said house and barns for a hospital ; that they had contracted for the said house and barns, &c. for the rent of £70 from from the 1st day of May next— the said rent to be paid quarterly to the present tenants, or their order. This Con- gress hereby approves of and ratifies the said contract, and assumes the same as the contract of this Congress. A letter from Major-Genl. Lee, bearing date this day, was read and filed, and is in the words following, to wit : "March 4th, 1776. " Sir — The letters I received last night from the Com- mander-in-Chief and Gen. Green, were unfortunately thrown into the fire ; but according to the best of my recollection the reasons given by the generals for surmising, or rather concluding, that it was the intention of the enemy to eva- cuate Boston, were these : That they had withdrawn their mortars and heavy cannon from Bunker's Hill and Charles- town ; that their transports were hauled in to the wharves ; that some people, who had left the town lately, declared that the officers baggage was sent on board ; in short, it is from every circumstance concluded by those who are be- fore the place, and those who have lately left the place that they are soon to abandon Boston, and that conse- quently they will attempt to establish themselves here. May f, sir, take the liberty to express my uneasiness on a subject, which is more properly a matter of conside- ration for the Congress — the liberation of the notorious enemies to liberty and their country, on giving bonds for their good behaviour, appears to me, in our present situa- tion, extremely ill imagined ; it is so far from a security, that it is rather adding virus to their malignancy ; the first body of troops that arrives will cancel those bonds — some vigorous decisive mode must be now adopted of discover- ing on whom you may depend — on whom not — the crisis will admit of no procrastination. I cannot, therefore, help wishing for the common safety and the honour of this Pro- vince in particular; that some test may be immediately of- fered thai we may be enabled to distinguish our friends from our foes — the latter must not and cannot be suffered to re- main within your walls to co-operate with those without in working your destruction. " I am, sir, with the greatest respect, " Your mo. obt. servant, "CHARLES LEE. " To Col. Woodhull, President of the Provincial Congress." Mr. Hobart, from the committee appointed to consider of the intelligence received from Major-Genl. Lee, by his letter above mentioned, delivered in their report, which was read, and the same being read a s,econd time, para- graph by paragraph, and amended, was approved of and unanimously agreed to in the words following, to wit : " Your committee beg leave to report the following re- solves. " 1st. That a magazine of provisions and military stores be established in the county of Westchester. " 2nd. That the Deputies of Westchester county pur- chase and deposit in different stores in that county, 1,200 barrels of good salted pork, wherever it is to be bought ; and that the said salted pork be repacked and pickied by a sworn packer of New-York ; and that the Deputies of Albany county purchase 1,850 bushels of good peas, and send them to the Deputies of Westchester county, to be by them stored in the same manner. " 3rd. That a letter be wrote to the proprietors of the powder mills in this Colony, requesting them to use all possible diligence in manufacturing that article, and to in- form the Congress what quantity they have now on hand, what stock of materials they have by them, and what quantity they can supply weekly. " 4th. That circular letters be wrote to the several colo- nels of the minute men and militia in this Colony, from the county of Albany to the southward, ordering them to hold their respective regiments in readiness to march with their arms, accoutrements, blankets and five days' provi- sions, on the first notice of an invasion. " 5th. That Colo. Lasher and Col. Heyer, and the co- lonels of the different regiments of militia in the city and county of New-York, be ordered to examine into the state of their respective regiments, with respect to the number of men, arms, accoutrements and ammunition, and report thereon forthwith. " 6lh. That a letter be wrote to the committees of South Hampton and East Hampton in Suffolk county, re- questing them to station men at the most convenient pla- cles in that county to give the earliest notice of the arri- val of a fleet upon the coast ; and that upon the first ap- pearance of a fleet they despatch an express immediately to this Congress or the Committee of Safety of this Colo- ny, with an account of the number and size of the ships, and the course they steer. " 7th. That the light-house at Sandy-Hook be disman- tled, the lantern rendered useless, and all the oil and lamps taken and carried to some place of safety at a pro- per distance. " 8th. That postponed. " 9th. That a letter be wrote to the Provincial Congress of New Jersey, transmitting them a copy of the extracts of letters to Genl. Lee, and requesting them to order their minute men and militia to hold themselves in readiness to march on the first notice of an invasion." Resolved, That the Congress does agree with their committee in the said report. But as some of the resolves therein reported are very important, Ordered, That the said report be reassumed and read to-morrow morning, when the house is full — and a charge of secrecy as to the light-house, was given from the Chair. A draft of a circular letter to the several colonels of the JOURNAL OF THE PROVINCIAL CONGRESS. 337 minute men and militia of this Colony, was read and ap- proved of, and is in the words following, to wit : "In Provincial Congress, > "New-York, March 4th, 1776. J " Sir — This accompanies the resolve of Congress, re- questing you to hold your regiment in readiness to march at a moment's warning. We are apprehensive that the ministerial army in Boston may attempt to land in this Colony in a short time. Your zeal for the public cause we trust will stimulate you and the officers under your command, to use all possible diligence to comply with this resolution. We have only to add, that no time should be lost in executing this order, and that you forthwith re- turn to this Congress or the Committee of Safety ; the present state of your regiment, as to number of men, arms, accoutrements and ammunition ; and that if the mi- nute regiments do not compose one-fourth part of the mi- litia of your county, you are hereby ordered to cause the minute regiments to be completed, agreeable to the rules and orders of this Congress of the 20th Deer. last. " We are, sir, with esteem, " Your very humble servants, " Bv order, " NATHL. WOODHULL, President." Ordered, That the Secretaries get one hundred copies of the said letter neatly printed, with a copy of the fourth resolution above reported, which was unanimously agreed to, printed at the foot of each letter, and to have them ready by to-morrow morning at the meeting of this Con- gress. A draft of a letter to the owners of the two powder mills in this Colony, was read and approved of, and is in the words following, to wit : '•' In Provincial Congress, ? " New-York, March 4th, 1776. $ " Sir — The Provincial Congress request that you will immediately inform them what quantity of gunpowder you have on hand, what stock of materials you are furnished with, and how much powder you can manufacture per week. " I am, sir, your humble servant, " By order." Ordered, That one copy thereof be engrossed, and signed by the President, and directed and sent to Henry Wisner, Junr. Esqr. ; and another copy thereof directed to John R. Livingston, Esqr. owners of the powder mills in this Colony. A draft of a letter to the committee of East Hampton and to the committee of South Hampton, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-Ycrk, March 4th, 1776. < " Sir — This covers a resolution of Congress directing the committees of East and South Hampton to station suitable persons on the most proper places for observing the approach of a fleet. " From some intelligence we have received, there is reason to expect that the British army are about to leave Boston, and as it is probable that they may attempt to take possession of this Colony, we therefore entreat you to use all possible despatch to carry this resolve into exe- cution. " We are your humble servts. " By order of Congress. " To John Chatfield, Esqr. East, and Thomas Cooper Esqr. South Hampton." Ordered, That two copies thereof be engrossed, and signed by the President, and transmitted. One to John Chatfield, Esqr. chairman of the committee of East Hamp- ton, and the other to Thomas Cooper, Esqr. chairman of the committee of South Hampton, and that a certified copy of the sixth resolve reported by the committee on the news received by Genl. Lee, be enclosed in each of the said letters. 85 Col. McDougall informed the Congress that the Colony artillery company are much in want of clothing. That Peter T. Curtenius has coarse blue cloth fit for the pur- pose of making coats for the company ; that he is willing to spare the cloth for that purpose, if this Congress gives an order to him for that purpose, that he may charge it in his accounts ; and that the price of the said clothing may be retained out of the pay of the men respectively, who shall receive the same. Ordered, That Peter T. Curtenius deliver to Capt. Lieut. James Moore, a sufficient quantity of the said coarse blue cloth to make a coat for each of his men. And, Ordered, That Capt. Lieut. James Moore, or the pay- master of the said company for the time being, take care to deduct the expense of the said coats furnished to each of the said men out of his pay. Die Martis 10 ho. A. M. March 5th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. Mr. Smith, Mr. Randall, Mr. Rutgers, Mr. E Bancker, Mr. Prince, Col. Lott, Major Stoutenbursh, Mr. Roosevelt, Mr. Beekman, Capt Denning, Mr. Hallett, Mr. Scott, Col. McDougall— NeivYork. Genl. Ten Broeck, Mr. A. Yates, Mr. Gansevort, Col. Nicoll on service — Jltbany. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Litter. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Col. M. Graham, Col. Ten Broeck, Mr. G. Livingston — Dutches. Col. Hay, Col. Allison— Orange. Mr. Polhemus — Kings. Col. G. Drake. Major Lockwood, Col. Van Cortlandt — Westchester. Col. Wm. Williams — Cumberland. Mr. Abm. Bancker— Richmond Mr. Moore — Tryon. Col. John Williams — Charlotte. A letter from Colonel Gilbert Budd, directed to Mr. Mc- Kesson, one of the Secretaries, was read. He therein re- quests permission for the bearer to go on board of the ship Asia, to obtain a boat which has been privately taken from him, and is supposed to be at the said ship. As Major-General Lee has cut off all communication with said ship, and through his conduct and orders the pass- ports of this Congress are of no avail, the Congress re- fused to give permission. A letter from Capt. William Barker of Amenia precinct, in Dutches county, was read and filed ; he therein states his difficulties about raising a company in Continental ser- vice, and in understanding the Continental terms of en- listment. Ordered, That the said letter be referred to the mem- bers from Dutches county, to give an answer to Capt. Barker. The Congress took into consideration the application made by Mr. Gilbert Livingston, one of the members yes- terday on behalf of Lieut. Lee, with respect to some mi- nute men now in Col. Swartwout's regiment, which he claims to have enlisted for the Continental service, before they enlisted in Captain Clark's company of minute men. A letter received from Col. Swartwout yesterday, was read and filed, he therein alledges that those minute men were enlisted in Capt. Clark's company before Mr. Lee had any warrant, and that therefore his regiment has the preference to their service, but that he is cheerfully willing that they enter into Continental service when his regiment is discharged. Thereupon, Ordered, That the recruiting officers for the Continen- tal service, who are employed in that business by virtue of warrants from this Congress, be allowed to enlist men from any of the regiments of minute men in this Colony; but however under the following restrictions with respect to the minute regiments now in actual service in this city and its environs : That no man shall be allowed to leave the minute service till the time of their enlistment as mi- nute men is expired, or they are discharged from the pre- 338 JOURNAL OF THE PROVINCIAL CONGRESS sent service, or until the commanding officer of the Con- tinental service at this post shall think it necessary for the public service, that they should join their respective regi- ments into which they shall have enlisted. The report of the committee on Genl. Lee's letter, rela- tive to the ministerial army preparing to leave Boston, as entered on the minutes of yesterday afternoon, was again read. The Congress approves thereof, and again agrees with their committee therein, and confirms the same. Ordered, That the committee who brought in the said report on Genl. Lee's letter, and Mr. Randall, be a com- mittee to carry the seventh of the said resolutions of that committee into execution. A charge was given from the Chair to keep the matter of the seventh resolve secret. The Congress then resumed the consideration of the plan for a farther emission of bills to the amount of £55,000, and the same being read by paragraphs, amended and agreed to, is in the words following, to wit : Whereas it is probable that a further emission of bills of credit of this Colony not exceeding £55,000, will soon be necessary to discharge the debts incurred by this Co- lony, and to defray the expenses which may arise in mak- ing provision for the further safely and defence thereof, it. is their opinion that an emission to the above mentioned amount be prepared for signing upon the following plan, to wit : That 137,500 dollars be struck, amounting to the said sum of £55,000, New-York currency, to be sunk in manner following, to wit : 45,833 1-3 dollars, being 1-3 thereof on or before the 1st March, 1779 45,833 1-3 do 1-3 do 1st March, 1780 45.833 1-3 do 1-3 do 1st March, 1781 137,500 dollars. Resolved, That bills of credit to the said amount of one hundred and thirty-seven thousand and five hundred dollars be immediately printed, of the following denominations, to wit : 2,350 bills of 10 dollars is $23,500 2,350 do 5 " 11,750 2,350 do 3 " 7,050 2.350 do 2 " 4,700 30,000 do 1 " .... 30,000 30,000 do 2-3 " 20,000 30,000 do 1-2" 15,000 30,000 do 1-3" 10,000 30,000 do 1-4" 7,500 30,000 do 1-6" 5,000 24,000 do 1-8" 3,000 $137,500 On the face of each of said bills shall be impressed the arms of the city of New-York, together with such other device, as the committee appointed for that purpose shall direct. And the said bills shall be in form following : " This bill shall pass current in all payments in this Colony for Spanish milled dollars, or the value thereof in gold or silver, according to the resolution of the Provincial Congress of New-York on the 5th day of March, 1776." Excepting those of the denomination of two-thirds of a dollar, which shall be in the form following : "This bill shall pass current in all payments in ihis Colony, for five shillings and fourpence, being equal to two-thirds of a Spanish milled dollar, or the value thereof in gold or silver, according to the resolution of the Provin- cial Congress of New-York, on the 5th day of March, 1776." And also excepting those of one-third of a dollar, which shall be in form following : " This bill shall pass current in all payments in this Colony for two shillings and eightpence, being equal to one-third of a Spanish milled dollar, or the value thereof in gold or silver, according to the resolution of the Provin- cial Congress of New-York, on the 5th day of March, 1776." Also excepting those of one-fourth of a dollar, which shall be in form following : " This bill shall pass current in all payments in this Colony, for two shillings, being equal to one-fourth of a Spanish milled dollar, or the value thereof in gold or silver, according to the resolution of the Provincial Congress of New-York, on the 5th day of March, 1776." Also excepting those of the denomination of one-sixth of a dollar, which shall be in form following : " This bill shall pass current in all payments in this Colony, for one shilling and fourpence, being equal to one-sixth of a Spanish milled dollar, or the value thereof in gold or silver, according to the resolution of the Provin- cial Congress of New- York, on the 5th day of March, 1776." Also excepting those of one-eighth of a dollar, which shall be in form following : " This bill shall pass current in all payments in this Colony, for one shilling, being equal to one-eighth of a Spanish milled dollar, or the value thereof in gold or silver, according to the resolution of the Provincial Congress of New-York, on the 5th day of March, 1776." Which bills under the value of two dollars, amounting to thirty-six thousand two hundred pounds, shall be num- bered by and signed by any two of them, the said signers respectively, to be delivered by them to Mr. Isaac Roosevelt, to be by him delivered to the Treasurer of this Congress or the Committee of Safety, as soon as finished. And all the bills of a higher denomination than one dollar, being the further sum of eighteen thousand eight hundred pounds, be delivered unsigned into this Con- gress, to remain subject to the future disposal of this Congress, or of the Committee of Safely, if they shall be authorized by this Congress to dispose thereof. Col. McDougall dissents to the above clause. Resolved 2dly, That the said signers, or any two of them, are hereby directed and requested upon the delivery of the said bills to them by the printer of the same, to cause to be administered to him by the President of this Congress, or the Chairman of the Committee of Safety, the following oath : " I, A. B. do solemnly swear, that from the time that the letters were set and fit to be put in the press for printing the bills of credit now by me delivered to you, until the bills were printed and the letters afterwards distributed into the boxes, I went at no time out of the room in which the said letters were, without locking them up, so that they could not be come at without violence, or a false key, or other art un- known to me, and therefore, to the best of my knowledge no copies were printed off but in my presence, and that all the blotters and other papers whatsoever impressed by the said letters whilst set for printing the said bills, to the best of my knowledge are here delivered to you, together with the stamps ; and in all things relating to this affair, I have demeaned myself honestly and faithfully to the best of my knowledge and understanding, so help me God." Resolved 3dly, That such person as Mr. Isaac Roose- velt shall agree with, shall engage so many stamps for the said bills, with such devices and so many stamps for the arms of the city of New- York, as he shall direct, which engraver shall take the following oath, to wit : " I, A. B. do solemnly swear, that I have not engraved more plates than I delivered to Mr. Isaac Roosevelt, as directed by the Provincial Congress of New-York, of the like kind or in imitation of the same ; neither have I kept copy or copies, draft or drafts of the said plates ; neither will I engrave more of the like kind without the order of the Provincial Congress or House of Assembly of the Co- lony of New- York, and shall deliver them to the said Mr. Isaac Roosevelt, who shall deliver them unto Samuel Lowden, printer, or such other printer as shall be directed by this Congress, or the Committee of Safety, and take JOURNAL OF THE PROVINCIAL CONGRESS. 339 his receipt for the same. And when the said Saml. Low- den, or such other printer as shall be employed, has com- pleted and finished the printing the quantity and sorts of bills hereby directed to be struck, he shall redeliver the said stamps to the said Mr. Isaac Roosevelt, which shall be sealed with the several seals of the said Isaac Roose- velt and the President of the Provincial Congress, or the Chairman of the Committee of Safety of this Colony, and deposited in the office of the Secretary of this Congress until the further order of this or some future Congress of this Colony. The receipt of the said Isaac Roosevelt to the said Samuel Lowden, or such other printer, shall be a sufficient voucher for such delivery." Resolved, That this Congress unanimously agree with their Committee in their said report, and confirms the same. Die Martis, 4 ho. P. M. March 5th, 1776. The Congress met pursuant to adjournment. Present— Brigadier-General Woodhull, President. Mr. Scott, Mr. Bancker, Mr. Halletl, Mr. Smith, Col. Lott, Mr. Ran- dall, Mr. Roosevelt, Mr. Beekman, Mr. Van Cortlandt, Col. McDou- gall— For New-York. Col. Hay, Col. Allison — Orange. Col. Jno. Williams— Charlotte. Genl. Ten Broeck, Mr. A. Yates, Mr. Gansevoort, Col. Nicoll on service— Albany. Mr. Rhea, Mr. Lefever, Col. Palmer on service— Ulster. Mr. Covenhoven, Mr. Polhemus— Kings. Mr. A. Bancker— Richmond. Col. Wm. Williams — Cumberland. Genl.' Woodhull, Mr. Hobart, Mr. Gelston— Suffolk. Col. Ten Broeck, Col. M. Graham— Dutches. Col. G. Drake, Major Lockwood, Col. Van Cortlandt— Westchester. Mr. Moore— Try on. Mr. Smith, from the committee appointed to confer with Col. Lasher, on the mode best to be pursued for continu- ing the guard to the public records of this Colony, Reported, that Col. Lasher be ordered to provide a guard of forty-eight men out of his battalion to protect the records of this Colony. That that guard be relieved from time to time by detachments from his battalion or regiment, | so as to give the different companies in the battalion their [proper portion of duty, and that twelve men of such de- tachment be the proper guard for 24 hours. Resolved, That this Congress does agree with their said committee in the aforegoing report. The Congress took into consideration the state of the militia in Queens county, and determined that it would be requisite to have the friends to the liberties of their country .here, and particularly those companies already formed pro- oerly regimented. Thereupon, Ordered, That Mr. Hobart draw and report a draft of i letter to Col. Blackwell, and such other persons in that :ounty as may be thought necessary. Col. David Mulford, of the second regiment in Suffolk -.ounty, pursuant to the regulations of the Provincial Con- gress of this Colony, returned to Brigadier-General VVood- tull a statement of his regiment, which was read and filed ; le thereby returns his regiment to consist of nine com- panies, and the following number of officers and men, to vit : 1 colonel, 1 lieutenant-colonel, 2 majors, to wit, first ind second majors, 9 captains, 18 lieutenants, 9 ensigns, . adjutant, 1 quarter-master, 1 sergeant-major, 1 drum- najor, 36 sergeants, 9 drummers, 9 fifers and 670 privates ; itid in the said return all the officers down to the sergeants, lieutenants and ensigns excepted,) are particularly named. An application from the committee of Kings county, igned by Englebert Lott, pro tempore clerk, was read and iled. They thereby set forth, that they had agreed to al- ow their Deputies 6s. per day each, for every day of their ttendance, and request that they may be paid out of the 'rovincial Treasury, and charged as money advanced to the committee of Kings county, which they will hereafter satisfy. Debates arose thereon, and the said application was de- ferred for the present. Col. Peter Ten Broeck, from the committee of war, ac- cording to order, reported a draft of instructions for the bar- rack master, which was read and filed, and is in the words following, to wit : " Instructions f or the barrack master. " The committee appointed to consider of and draft a set of instructions for the barrack master, repoited the fol- lowing, vizt : " That the field officers of each corps in this Colony, be supplied with one room. The captains, with the subal- terns, of each company, together with the quarter-master and adjutant, to be entitled to a room between each two. "The officers' rooms of the said corps to be furnished each with 1 pair andirons, 1 pair tongs, 1 table, 2 chairs and 1 candlestick. " For every room for non-commissioned officers and soldiers of the said corps, each room to contain 20 men, 10 cribs, 10 bed cases and 10 bolsters, to be filled with straw every three months ; 2 iron pots, 2 trammels, 1 pair tongs, 1 wood axe, 1 iron candlestick, 1 table, 2 benches and 1 bucket, and with firewood as follows, vizt : " For every room for officers, non-commissioned officers and privates, from the 1st day Octr. to the 1st April, § of a cord of wood per week for each room so occupied as aforesaid ; and for 5 weeks preceding the 1st Octr. and 5 weeks after the 1 st April, T \ of a cord of wood per week ; and for the remaining 16 weeks ^ of a cord per week." Ordered, That Colo. Curtenius supply the barrack mas- ter with cases for straw beds for the companies of militia as they arrive in this city, to be employed in the service, and that the barrack master supply the said militia with barrack necessaries. This report being again read, paragraph by paragraph, the Congress agrees with their committee in the said report. A letter, with two long postcripts thereunto, from Saml. Gale, Esqr. clerk of Cumberland county, dated at Fair- field, 29th Feb. directed to Mr. John McKesson, one of the Secretaries, and sent by Mr. Sturges the deputy sheriff and jailer, to be laid before this Congress, and the bearer to wait for an answer, was read. The Congress were in- formed by one of the Secretaries, and by what is therein set forth, that the said Saml. Gale was lately seized in this city, at his own house in the night, and conveyed to a guard house at the upper barracks, where the troops from Connecticut are quartered. That from thence he was soon after conveyed to Fairfield jail, in Connecticut, where he is now in close confinement in a common jail, and in very uncomfortable circumstances. The Congress being fur- ther informed, by different persons, this was without any trial, or adjudication of any Congress or Committee, or other judges whatever, conceive that it is a wanton act of military power, inconsistent with that liberty for which the Colonists are contending and highly culpable in those who procured, and those who ordered said Saml. Gale to be seized and carried away. Thos. Smith, Esqr. delivered in the affidavit of Jos. Cheesman, as to some inimical expressions of Col. Wa- terberry against this city, which is in the words following, to wit : " City of New-York, ss. Joseph Cheesman of the city of New- York, shop keeper, being duly sworn, deposeth and saith, that this day being on board of a boat in Peck's slip, he heard Col. Waterberry say, that he had for some time thought that things would not go well, unless the city of New-York was crushed down, and that it must be done by their people, before things would go well ; and further this deponent saith not. "JOSEPH CHEESMAN. " Sworn this 2nd March, 1776, before me, " Ab. Brasher, Justice of Peace." 340 JOURNAL OF THE PROVINCIAL CONGRESS. Mr. Smith also delivered in the affidavit of John So- merindyck, stating the violent acts of some of the soldiers and the imprudent conduct of some officers therein men- tioned, and also the affidavits of Isaac Bell, Josiah Le Conte, Elias Nixsen and John Jones, setting forth diffe- rent instances of the troops stationed in this city firing at the boats and the people on board, in coming to and going from the wharves and markets in this city, which were read and filed. Mr. Smith farther informed the Congress, that Mr. John Richards had told him that a number of shot were discharged, about 1 1 or 12 o'clock this morning, at a New-Jersey sloop or boat when departing homeward from this city. Ordered, That Ab. Yates and Thos. Smith, Esqrs. be a committee to make inquiry, as to the reasons of the treat- ment of Saml. Gale, Esqr. and to prepare a draft of a let- ter to Major-Genl. Lee on that subject, and also on the subject of the troops firing on the people in boats passing and repassing to and from the wharves and markets in this city. A letter from Mr. John Foster to Mr. John McKesson, one of the Secretaries, dated Southampton, on the 28th day of Feby. was read, he thereby informs that he could not purchase tow cloth at less than 2s. 2d. and 2s. 3d. per yard ; that he had purchased at that rate to the amount of the money advanced to him by the Committee of Safety, and requesting to know whether he should go on to pur- chase more at the same rates. Ordered, That Mr. McKesson write to Mr. Foster and inform him, that he will please to continue to purchase for this Congress, tow cloth at the prices mentioned in his let- ter, and to forward the same by safe conveyances to Mr. Curtenius. DIE MERCURII, 10 ho. a. m. 6 Mar. 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Col. Lott, Mr. Rutgers, Mr. Beekman, Mr. Hallett, Mr. Smith, Mr. Randell, Mr. VanZandt, Col. McDougall— iVew York. Col. Hay, Col. Allison — Orange. Mr. A. Bancker — Richmond. Mr. Moore — Tryon. Mr. Abm. Yates, Mr. Gansevoort, Col. Nicoll on service, Genl. Ten Broeck — Jllbany. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Ulster. Major Lockwood, Col. Van Cortlandt, Mr. Thomas, Col. G. Drake, Col. Jos. Drake — Westchester. Col. Jno. Williams — Charlotte. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Col. Ten Broeck, Col. M. Graham, Mr. G. Livingston, Major Schenck — Dutches. Mr. Covenhoven, Mr. Polhemus — Kings. Col. W. Williams — Cumberland. A member, in behalf of Abm. Livingston, asked leave to take up the floor in the powder house, for the purpose of taking out the earth to make saltpetre. Agreed that Mr. Livingston have leave when all the powder is out. Mr. Nichs. Low attended and informed the Committee that a vessel was arrived with about 1,5001b. of gunpow- der, consigned to him for sale. Ordered, That Mr. Hallett and Mr. Randall be a com- mittee to agree with Mr. Low about the price of said pow- der, and purchase the same in behalf of this Congress. A petition of John Pell, praying leave to export some salt to New-Jersey. Rejected unanimously. Ordered, That Col. Curtenius furnish a suitable number of wooden bowls and spoons to the four regiments raising in this Colony. Ordered, That Mr. Livingston and Mr. Berrien call on the engineer and get his directions relative to the cannon ordered to Canada. A draft of a letter to Genl. Lee was read and approved, and is in the words following, to wit : " In Provincial Congress, > " New-York, 6th March, 1776. $ " Sir — We have now under consideration the case of Mr. Saml. Gale, who was lately apprehended in this city by a military guard, and conveyed to Fairfield, in the Co- lony of Connecticut, where he now is in close confinment. We are wholly ignorant of the nature of the charge brought against him, or the cause of his commitment, and should be glad to be informed thereof, that proper steps may be taken, either for his discharge or punishment. It may not be improper to remind you, sir, that the right of apprehend- ing, trying and punishing citizens, who violate the resolu- tions of Congress, or act inimical to the liberties of Ame- rica, is by the Continental Congress delegated to the Pro- vincial Conventions in the respective Colonies. This right we think it our duty to insist upon as essential to the security of our constituents. We hold ourselves ready to co-operate with you in every measure that may be thought necessary to promote the common cause of the Continent, and to frustrate the arbitrary designs of a wicked ministry ; at the same time it becomes us as faithful guardians of the people, to protect the liberty and property of our constitu- ents, as much as possible in our present unhappy situation. We are sensible of the many difficulties you have to strug- gle with, while commanding an undisciplined soldiery ; but we flatter ourselves their irregularities will be checked up- on proper information. This consideration, sir, induces us to inform you that the port guards continue to fire upon the boats coming to and going from this city, for the pur- pose of supplying the inhabitants with provisions and other necessaries. If this practice is continued, we are appre- hensive it will greatly distress the inhabitants, render it im- possible to provide for the troops, and prevent our Com- missary from supplying the magazine we are now esta- blishing for the Continental army. We therefore entreat you, sir, to give such orders to the port guards, as will prevent such inconveniences for the future. " We are, with esteem, " Your obt. servants, "By order. " Major-Genl. Lee." Ordered, That a copy thereof be engrossed, signed by the President, and transmitted. Mr. Hallett and Mr. Randall reported that Mr. Low de- manded £30 per cwt. for his powder, with permission to export produce at the rate of £40 for each hundred weight. The Congress directed Mr. Hallett and Mr. Randall to purchase the gunpowder as cheap as they can agree ; but if Mr. Low should insist on £30 per cwt. for the purchase money, that he be allowed to export produce only to the same amount. A letter from Genl. Lee was received and read, and i; in the words following, to wit : " Sir — It is absolutely necessary that Col. Ward shonK be supplied with the necessary brush for fascines, woodfo pickets, and other timber to complete the works I hav< directed on Long island. It is my wish these material should be supplied in the most easy way to the inhabitants and that the utmost justice be done them. It is impossibl for me to attend to the regulation of this matter, and then fore must desire the Congress of New-York will take pre per measures to conduct this matter, which I doubt n< will forward the service. " CHARLES LEE, Major-Genl. " New-York, March 5th, 1776. " To the President of the Congress of New-York." Thereupon a draft of a letter to the committee of Kin; county was read and .approved, and is in the words follow ing, to wit : " In Provincial Congress, ? " New-York, March 6lh, 1776. J " Gentlemen — General Lee having informed us tl JOURNAL OF THE PROVINCIAL CONGRESS. 341 Colo. Ward will want wood and timber to enable him to carry on the fortifications now erecting in your county, we recommend to you to assist in furnishing him with these articles, for which the proprietors of the lands from whence those articles may be taken may rest assured they will receive the like satisfaction as will be allowed to the proprietors of lands in the city and county of New-York, who have furnished those articles for the fortifications erecting in and near this city. The known zeal of the in- habitants of Kings county to promote the public cause we doubt not will stimulate them to promote this necessary work. " We are, gentlemen, " Your very hble. servts. " To the Chairman and Members of the Committee of Kings county." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted immediately. The Congress then proceeded to hear the examinations of the persons concerned in spiking the cannon beyond King's Bridge, and which were taken in the Committee of Safety, fully read : Thereupon Ordered, That Col. Waterberry be requested to send down Wm. Lownsberry, and the other persons confined in the upper barracks for making spikes and spiking up the cannon beyond King's Bridge, in Westchester county, to this Congress, at the City Hall, at 5 o'clock this afternoon, under a proper guard. The Congress adjourned to 4 o'clock, P. M. Die Mercurii, 4 ho. P. M. March 6lh, 1776. The Congress met pursuant to adjournment. Present — Genl. Woodhull, Prest. Mr. Van Cortlandt, Mr. Beekman, Capt. Denning, Mr. Rutgers, Mr. Van Zandt, Col. McDougall, Major Stoutenburg— iVeu>- York. Mr. A. Bancker— Richmond. Mr. Gansevoort, Mr. Yates, Genl. Ten Broeck, Col. Nicoll on service — Albany. Mr. Rhea, Mr. Lefever, Col. Palmer on service — Ulster. Col. W. Williams — Cumberland. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Col. J. Drake, Major Lockwood, Col. G. Drake, Mr. Thomas, Col. Van Cortlandt — Westchester. Col. J. Williams— Charlotte. Col. Ten Broeck, Col. Graham, Major Schenck — Dutches. Mr. Polhemus, Mr. Covenhoven— Kings. Col. Hay, Col. Allison— Orange. Mr. Moore — Tryon. Mr. Benson (one of the Secretaries) informed Congress that he had waited on Genl. Lee with the regulations for supplying the ships of war and the Governor's ship with provisions. That Genl. Lee was pleased to give for an- swer, that he was to resign the command here to Lord Stirling this night, but that if he was to continue he would not consent to supply them with any provisions, as they were at open war with us ; that he hoped Lord Sterling would be of the same opinion ; that his instructions from Conti- nental Congress were, to use every means in his power for the defence of the city. A draft of a letter to Edwd. W. Kiers was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " The glorious 6th March, 1776. $ " We are informed by Col. Hay, that you have in your possession a quantity of gunpowder, which you refuse to sell to such of the inhabitants of your place that would wantonly sport it away. We highly approve of your con- duct, but as we now are in expectation that the ministerial troops at Boston will soon abandon that town and attempt to land in this city, we request that you will sell to Col. Hay's regiment one half pound of powder to every man when they are ready to march, and return to the colonel the names of such persons as you have supplied. " We are, sir, " Yours, &c. " To Edward Wm. Kiers, Esqr. Mercht. Haverstraw, Orange county." Ordered, That a copy thereof be engrossed, signed by the President, and transmitted. William Lownsberry and the other prisoners, pursuant to the order of this morning, were respectively brought to the bar and examined. The examinations are as follows, to wit : William Lownsberry says, that the first motive or movers of spiking the cannon were Joshua Gidney and Burrell ; that they had 70 or 80 spikes made, and went down, and found so many cannon that it was not worth while ; that he had no conversation with any person on shipboard on that subject ; that he does not know who spiked up the large parcel of guns. Asked what business he had to the house of a gentlemen of fortune in his coun- try the day before the cannon was spiked ? Answered, that he went to Col. Phillips's the day before to know whether he would set up again as a representative ; that he set off from home with an intention to spike the guns or disarm them ; that the following persons were with him, vizt : Joshua Gidney, Josiah Burrell, Willm. Hayns, Thos. Haines and James Hanes, Junr.; that they took sledges to knock the arms off; that his reason for disabling the cannon was, that as the New-England people had done several acts which he thought harsh, he wanted to prevent the guns to be used on any fortifications that might be built near King's Bridge, as they would then be between two fires ; that he never was promised any reward for that business ; that he engaged only with Jos. Gidney ; that Jos. Gidney engaged the other persons; that he was in bed when the other persons escaped ; that Burrell spoke to him two days before about spiking the guns, and that he told him he did not think any person would make the spikes ; that one of the company took one sledge out of Benjn. Flandereau's shop ; that another was got when they were at John Gidney's ; that the company had greatcoats and caps on, except himself, who had not a cap on. Isaac Gidney says that Lownsberry came to him and asked him to make 100 and odd hatchel teeth out of old files ; that he told him that files were very unhandy to work ; that Lownsberry brought him small steel and he made him 104 large hatchel teeth, as Mr. Lownsberry or- dered him, and by his orders hardened them ; that Joshua Gidney took them from his shop ; that Josh. Gidney lives within 40 rods of him and Lownsberry, \ a mile out of the country road ; that he never made any other hatchel teeth so large ; that they were not filed ; that when asked why they were made so large, they told him it was no matter ; that he heard of no agreement between Lownsberry and Gidney ; that he made about 60 hatchel teeth for Burrell, the week before, of a smaller size than Lownsberry's ; that Burrell does not raise any flax. Joseph Purdy — that he did not know when he made the teeth what use they were for ; that Gidney told him they were for hatchel teeth ; that he does not know how many he made ; that he assisted one spell in the evening and one spell in the afternoon ; that some time after the guns were spiked, he asked Gidney if those teeth were not for spik- ing the guns, and he said, no; that he thought them short for hatchel teeth ; that he asked for whom he was making them, and that Purdy did not inform him ; that what he assisted to make were made out of small bars of steel ; that he does not know who spiked any of the cannon, ex- cept what he has heard since he has been in confinement; that one Duyckinck came into the guard house and told Haines he had spiked up the cannon ; that Thos. Haines or Joshua Gidney told him that James Haines, Junr. spik« ed up all the cannon. 342 JOURNAL OF THE PROVINCIAL CONGRESS. Corns. McCartney, says he lives in Phillip's manor, in Yonker's township ; that he usually keeps school ; that he does not know who spiked up the cannon at Valentine's ; that on Wednesday night the 17th Jany. he was at Joseph Oakley's, and kept a night school there ; that he had some difference at a raffle, and his scholars took his part, and some of the company, out of spite, informed against him that he had been concerned in spiking the cannon, but that it was not true ; that the dispute he had with those people was about whig and tory; that he was the person called a tory ; on naming the families for whom he taught school, Corns. McCartney was discharged. Ordered, That Wm. Lownsberry and the other prison- ers be remanded to their place of confinement, and kept respectively in the same state of confinement as they were heretofore kept, until further order. Col. McDougall's motion for authorizing the county and district committees to purchase blankets for the troops to be raised in this Colony, was taken into consideration ; it being thought expedient that the purchasing arms should be added to the resolution. Ordered, That the same be committed to Mr. Hobart, and that he report a draft of a resolution (authorizing the committees to purchase arms as well as blankets) with all convenient speed. A letter from Stephen Ward, Esqr. was read, and is in the words following, to wit : " Gentlemen — I hereby acquaint you that I have taken an account from Capt. Varian what the expense of guard- ing the guns at Valentine's and Williams' will be this week, vizt: — 1 capt. 1 lieut. 2 sergeants, 1 corporal and 14 pri- vates. 6 of the above men board at 10s. per week, and the others draw provisions from the commissary, with a guard room and fire wood, at £3 per week, besides items, making in the whole about £26, and last week it was con- siderably more ; and as Mr. David Barclay, who waits on you with this letter, is willing to undertake to guard them with six men beside himself, for half that expense, I take the liberty to recommend him as a faithful man, and should you think that guard sufficient, and he appointed to that service, Capt. Varian might be sent to the fortification now erecting at Hellsgate. All which I submit to your supe- rior judgment, " And remain, gentlemen, " Your assured friend and hble. servt. "STEPHEN WARD. " March 5th, 1776. " P. S. If Mr. Barclay should be appointed to guard the guns, he expects the 50, which are at Williams' to be moved to the others near Valentine's. Mr. Williams will move them at 2s. each." Ordered, That Col. Jos. Drake and Mr. Thomas, be a committee to take the aforegoing letter of Mr. Ward into consideration, and report thereon with all speed. Col. Drake and Mr. Thomas delivered in their report, which being read, is in the words following, to wit: " The committee appointed to take into consideration the letter from Stephen Ward, concerning the expenses of guarding the cannon at Valentine's, do report : " 1st. That it is unnecessary to continue the expensive guard which has been stationed to guard those cannon for the time past. 2nd. That when the said cannon are all collected toge- ther at Valentine's that then seven men would be sufficient to guard said cannon. " 3rd. That we think David Barclay, who was recom- mended by Mr. Ward, is a suitable person to have the care of said guard, and that £13 pound per week is not too much for the whole expense. Resolved and Ordered, That David Barclay be and he is hereby appointed to have the care and charge of the said guard, and that he allowed £13 per week for the whole ex- pense attending said guard. " In Provincial Congress, ) " New-York, March 6th, 1776. J " Gentlemen — The bearer Major Wm. Malcom, is go- ing, by order of this Congress, to execute a commission of very great importance to the public service ; the secrecy with which it is necessary this business should be conduct- ed renders it altogether improper for him to carry the re- quisite assistance from hence ; he will therefore call upon you for such assistance as he may want, which we beg you will afford him ; and " We are, gentlemen, your mo. obt. servants, " By order. " To the Committees of Inspection and Observation in New-Jersey." "New-York, 6th March, 1776. " Sir — The Provincial Congress of this Colony having appointed us a committee to concert measures for carrying into execution their resolve of the 5th inst. for the dis- mantling the light-house at Sandy-Hook, we, reposing es- pecial trust and confidence in your abilities and zeal in the common cause, have made choice of you for the execution of that important enterprise. We enclose you a certified copy of the resolve for the purpose, and desire you will con- form, as nearly as may be, to the strict letter thereof. You will please to call upon the committee of Middletown, or such other place in New-Jersey as you shall judge most proper, for the assistance you shall think necessary. Upon your arrival at Sandy-Hook you will endeavour to take the glass out of the lantern, and save it if possible ; but if you find this impracticable you will bieak all the glass. You will also endeavour to pump the oil out of the cisterns into casks and bring it off; but if you should be obstructed by the enemy, or not be able to procure casks, you will pump it out on to the ground. In short you will use your best discretion to render the light-house entirely useless. " We are, sir, your humble servants, (Signed,) " PIERRE VAN CORTLANDT, "ABM. P. LOTT, "JOHN SLOSS HOBART. " To Major Malcom" DIE JOVIS, 10 HO. A. M.. March 7th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. Mr. Smith, Mr. Beekman, Mr. Evert Bancker, Mr. Rutgers, Mr. Sands, Mr. Randall, Colo. Lott, Mr. Van Zandt, Colo. McDougall— For NewYork. Colo. Hay, Colo. Allison — For Orange. Mr. Moore — Tryon. Genl. Ten Brook. Mr. Gansevoort, Colo. Nicoll on service, Mr. Abrm. Yates — For Albany. Mr. Rea, Mr. Lefever, Colo. Palmer on service — Ulster. Mr. Thomas, Colo. Gilbt. Drake, Colo. Pierre Van Cortlandt, Major Lockwood, Colo. Jos. Drake — For Westchester. Colo. John Williams— Charlotte. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Colo. Ten Broeck, Colo. Morris Graham, Mr. Gilbt. Livingston, Ma- jor Schenck — For Dutches. Mr. Polhemius — For Kings. Mr. Adn. Bancker — Richmond. Colo. Wm. Williams — Cumberland. Colo. John Williams moved, and was seconded by Colo. Wm. Williams, in the words following, vizt : I move that one hundred weight of gun powder and 300 weight of lead be sent to Charlotte county, to be given in charge of the county committee, and to be distributed to the minute men or militia, when a case of emergency shall require it, Ordered, That the consideration thereof be deferred for the present. Mr. Van Zandt, seconded by Mr. Sands, moved in the words following, vizt : 1 move that a letter be wrote to the Continental Congress giving them a true copy of [the state JOURNAL OF THE PROVINCIAL CONGRESS. 343 of] this city and Colony, occasioned by the stoppage of provisions to the ships of war by order of General Lee. The same being considered and unanimously agreed to, Ordered, That Mr. Smith, Mr. Van Zandt and Mr. Gansevort be a committee to prepare and report a draft of such letter, with all convenient speed. Mr. Jacobus Van Zandt informed the Congress that the money he has already received towards lading the ship Rosamond, on Provincial account, is insufficient for the purpose, and that he wants the sum of £167 19s. to com- plete the lading of the said ship. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, advance to Mr. Jacobus Van Zandt the sum of one hundred and sixty-seven pounds nineteen shillings, to complete the lading of the ship Rosa- mond, Wright Southgate, master ; and that the said Trea- surer takes Mr. Van Zandt's receipt for the same. Samuel Benson, a person employed to bring salt from Staten island, at the door, was admitted. He says that Thos. Vernon, the hatter, has threatened that he will take his ears off, and that he will do for him in four or five days. Ordered, That Samuel Benson apply for redress to the committee of the city. A letter from Major-General Lee was read and filed, and is in the words following, to wit : " New-York, March 6fA, 1776. " Sir — I have just received an uncertified paper, the purport of which seems to imply that the men of war and Governor Tryon are to be supplied as formerly with provi- sions. Subsequently to this order of the Provincial Con- gress, the Continental Congress have instructed me to put the city in the best state of defence possible. I am so un- fortunate as not to be able to discover how furnishing the enemy with the necessaries of life can contribute to this end ; it certainly must open the means of their receiving every sort of intelligence which ought to be withheld from them, for I cannot myself conceive, that the oath of the port master should bind his boat's crew. It is true they are to be restrained from going on board, but I defy human cunning to prevent, (when they are once alongside,) the conveyance of a letter. I must entreat, sir, that the Con- gress will not suppose that I am aiming at an authority su- perior to theirs in thus giving my opinion, and raising ob- jections to any thing they have resolved. I respect them as the true representatives of the people and proper Legis- slature of the Province ; but, sir, the information I have received from Cambridge, and the orders 1 have received from the Continental Congress, will justify me in most humbly entreating the Congress not to enjoin me to assent, (so much against my conscience,) to any intercourse of any kind with Mr. Tryon, who must be considered as a most dangerous enemy. " There is one thing further I would submit to the wis- dom of the Congress, whether it will be prudent to suffer a single man (in our present circumstances) to remain in the city who will not enter into an engagement to take up arms in the defence of the common rights. I took the li- berty to address a letter to you hinting a measure some- what related to this scheme, but was not honoured with an answer. " I am, sir, with the greatest respect, " Your most obedient servant, " CHARLES LEE. " P. S. I have this instant received your favour relating to Mr. Gale, who was apprehended and conveyed into Connecticut. I agree, sir, entirely with you, that the ap- prehension, trial and punishment of citizens is not my pro- vince, but of the Provincial Congress. But, irregular as it was, 1 had the assurances of many respectable men that he was a most dangerous man, and ought not to be suffered to remain on Long island, where an enemy is perhaps more dangerous than in any other spot of America. How- ever, their assurances and my opinion form no excuse, and I heartily repent that I did not refer him to you, his proper judges. " I must now inform you, sir, that in consequence of the last instructions from the Continental Congress, to put this city and its environs in a state of defence, I have or- dered Colonel Ward, as a previous measure, to secure the whole body of professed lories in Long island. When the enemy is at our door, forms must be dispensed with ; my duty to you, to the Continental Congress, and to my own conscience, have dictated the necessity of the mea- sure. If I have done wrong, and I confess the irregula- rity, I must submit myself to the shame of being reputed foolish, rash and precipitate. I must undergo the censure of the public, but. I shall have the consciousness in my own breast that the most pure motives of serving the public cause, uncontaminated by pique or resentment to indivi- duals, have urged me to the step. There is now a ruffian under guard, one John Greg, who attempted to murder the sentinels on their posts the other night. " I beg to know your pleasure on the subject. As to the affair of the sentries firing on the boats, I never heard till this moment that they had repeated a misdemeanor so contrary to the orders they had received. I can only say that I am very sorry that my orders have been so little re- spected, and that if I can find out the culprits they shall be severely punished. " I am, sir, with the greatest respect, " Your most obedt. and humble servt. " CHARLES LEE. " To the President of the Provincial Congress of New- York." Colo. McDougall, who brought in the letter from Major- General Lee, informed the Congress that he had some conversation with Lord Stirling on the subject of keeping up a uniformity, and preventing any interfering in the or- ders given by this Congress and the commander of the troops stationed here, and his lordship was ready and de- sirous, as soon as Major-General Lee was departed, to confer frequently with a committee of this Congress for that purpose. Ordered, That Mr. Smith, Mr. Yates, Mr. Van Zandt, Colo. McDougall, Mr. Hobart, Colo. Van Cortlandt, Mr. Gansevoort and General Ten Broeck, be a committee to confer with Lord Stirling on the subject of a communica- tion between the ships and ihe shore, the firing of the sen- tries on the boats passing and repassing, and the subject of apprehending and sending into confinement in this and ano- ther Colony, sundry inhabitants of this city and Colony, without the knowledge of, or application to any committee, or this Congress. The Congress took into further consideration the scar- city of salt in this Colony, and the frequent exportations thereof into the neighbouring Colonies, came to the follow- ing determination, to wit: In Provincial Congress, } New-York, 7th March, 1776. \ This Congress taking into consideration the inconveni- ences that may arise to the inhabitants of this Colony from the want of a sufficient supply of salt, and being informed that this necessary article is daily exported in great quan- tities from this Colony to the neighbouring Colonies, which, if not prevented, may prove very prejudicial to this Colony, have therefore thought it highly expedient, for the present, to prohibit, and they do hereby prohibit, the exportation of salt from this Colony, to any port or place out of the same, until the further order of this Congress, or the Committee of Safety. And it is Resolved and Ordered, That Capt. Wm. Mercier be empowered to take the most effectual and necessary steps to prevent the exportation of salt out of the city and county of New-York, contrary to the above prohibition ; and that a copy of this prohibition be sent to the different county committees in this Colony, who are hereby required to carry the same into execution within their respective coun- 344 JOURNAL OF THE PROVINCIAL CONGRESS ties ; and that if any person shall violate this prohibition, having been previously acquainted therewith, the name of such offender shall be transmitted forthwith to this Congress or the Committee of Safely, that proper steps may be taken with such offender. Ordered, That the Secretaries prepare a certified copy of this entry, and deliver the same to Capt. Wm. Mercier ; and the members from the different counties now at Con- gress, make copies thereof for their respective county com- mittees. A return of militia officers from Cornwall precinct, in Orange county, bearing date the second day of March, in- stant, and signed by Thomas Moffat, clerk of Cornwall precinct committee, was read and filed. The following officers are thereby returned duly elected, vizt: John McManus, 2nd lieutenant; Thomas Lamme- reaux, ensign, in Capt. Francis Smith's company of militia. Gilbert Weeks, ensign, in Capt. Christopher Vanduer- sen's company of militia. William Bradley, ensign, in Capt. Thomas Moffat's minute men. The said return being agreeable to the rules and regu- lations of this Congress, Ordered, That the commissions issue for those gentle- men according to the said return. Die Jovis, 4 ho. P. M. March Ath, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, Presidt. Colo. Lott, Mr. Van Zandt, Mr. Randall, Mr. Prince, Mr. Evert Bancker, Mr. Van Cortlandt, Capt. Rutgers, Capt. Denning, Colo. McDougall — For New-York Colo. Hay, Colo. Allison — Orange. Mr. Moore— Tryon. Mr. Abm. Yates, Mr. Gansevoort, Colo. Nicoll on service — For Al- bany. Mr. Rhea, Mr. Lefever, Colo. Palmer on service — Ulster. Colo. Gilbt. Drake, Colo. Jos. Drake, Major Lockwood, Colo. Van Cortlandt, Mr. Thomas— Westchester. Colo. Jno. Williams — Charlotte. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Colo. Ten Broeck, Colo. M. Graham, Major Schenck — Dutchess. Mr. Polhemus — Kings. Mr. Adn. Bancker — Richmond. Colo. Wm. Williams — Cumberland. The Congress was informed by Capt. Rutgers, one of the members, and by Mr. Benson, one of the Secretaries, that Capt. John Johnson, as they are well informed, had caned Alexr. Lesslie even in the Assembly and Congress Chamber, and had then sent him a prisoner to the barracks, where he is now confined. Ordered, That the doorkeeper order Capt. Johnson to attend here immediately. Capt. Johnson says that Colo. Ritzema informed him that three counties in Virginia had joined Lord Dunmore, and said Alexr. Lesslie was his author ; that he told Colo. Ritzema he would cane the man who said so unless he named the author ; that he saw Lesslie, who said Saml. Burling was his author. That Burling being out of town, he met Lesslie again, and spoke to him again on the subject ; that Lesslie said it was no secret, that it was mentioned several times in his shop yesterday afternoon, and that he refused to name the persons who had mentioned it, that therefore he beat him with a cane. That Lesslie then abused him; and that he came here to complain, and met Lesslie here, who again had some words with him, and that he again caned him here in this room and sent him to the guard-house. Mr. Jno. Van Corllandt moved, and was seconded by Colo. Wm. Williams, that the warrant to raise a company of the troops of this Colony in Continental service, lately given to John Johnson, be taken from him, and that as far forth as in the power of this Congress, he be dis- missed the Continental service and all employments under this Colony. The previous question being about to be moved on Mr. Van Corllandt's motion, he agreed to let it remain undetermined for the present. Mr. Gansevort moved, and was seconded in the words following : I move that Mr. Lesslie be immediately liberated and ordered to appear before this Congress. The same being agreed to by a very great majority of the members without debate, the following order was agreed to and issued ; sent by the door-keeper, vizt : Ordered, That the officer of the guard having Alexan- der Lesslie (the peruke maker) in custody, do immediate- ly liberate the said Alexr. Lesslie, and the said Alexander Lesslie is hereby ordered immediately to appear before the Provincial Congress now silting, in the Assembly Chamber in the City Hall. This Congress being informed that Thomas Vernon is inimical to the liberties of America, and ought not to be permitted to go at large ; and being informed by some of the members of the Committee of Safety, and by one of ihe Secretaries, that the said Thomas Vernon was some weeks ago committed to the guard-house by order of the Committee of Safety, and has not since been discharged by any order of this Congress or of the Committee of Safety, from whence 'tis most probable that he must have escaped from confinement. Ordered, That the said Thomas Vernon be immediate- ly apprehended and committed to custody in the guard- house, and there confined until the further order of this Congress or of the Committee of Safety, and that Colo. McDougall cause this order to be duly executed. Garret Roorback, the barrack master, attending at the door, was called in ; he delivered in his accounts, and in- formed the Congress that a considerable balance was due to him, and that he wanted money to procure wood and other necessaries. Ordered, That his accounts be delivered to the auditors. Alexr. Lesslie being brought in and heard and examin- ed, says, that this morning opposite Mrs. Curtenius's door, Capt. Johnson came to him and asked who was his author for the report he had spread ; that he answered, Saml. Burling, and Capt. Johnson left him. That in the after- noon, in the Broadway, Capt. Johnson asked him if he had found out the author of the report concerning Lord Dunmore's landing, which had been told to him by a per- son in the afternoon preceding, that he answered, no; that it was a stranger who he did not know, who was shaved in his shop; upon which Capt. Johnson answered, you damned rascal, you and Saml. Burling deserve to be caned, and had I him here, I would cane him immediately ; and if you, you scoundrel, do not get along about your business, I will cane you, and at that instant drove a cane in his face, and then struck several blows with the cane at his head which he received on his arms by defending his head. That he the examinant, then went to pick up a pav- ing stone to knock him down with it in his own defence ; that before he could get the stone up, Johnson closed in with him, on which he took Johnson's stick from him , that immediately thereon, Johnson drew his hanger, on which he made a blow at Johnson with the stick and miss- ed him, and lost the slick out of his hand, and Johnson then pursued him with his hanger, and he fled from him, and finding an axe in the street he took it up to defend himself with, and Colo. Ritzema came up and spoke to Johnson. . That soon after returning from Hull's tavern to his owr house and saw Johnson, and several officers with him coming out of his, this examinant's house, upon whicl he run immediately to this chamber, to lay his cas< before this Congress, and found that the Congres: was not yet assembled ; that Johnson pursued him ti this chamber and into the chamber and beat him wit! his slick until this examinant took the stick from him that Johnson then beat him with his fists and struc him many blows on his arms, attempting to strike hit on the head, and also struck him a blow in the eye an bit his hand ; that Johnson then ordered two other off JOURNAL OF THE PROVINCIAL CONGRESS. 345 cers to take hold of him, this examinant, and tarry him to the guard house ; that one of them seized him by the col- lar and forced him out of the room, and that they forcibly took him to the guard house ; that Wm. A. Forbes was one of the officers and went to the guard house with him ; that the other officer told this examinant that Capt. John- son was his superior officer, and that he was obliged to obey him ; that they took him to the upper barrack guard room. The examinant farther says, that yesterday morning, Samuel Burling came into his shop and mentioned as a re- port or news that Lord Dunmore had landed in Virginia with some troops, and that a number of Virginians had joined him ; that he, the examinant, soon after went to dress Colo. Ritzema, and being by him asked what news, mentioned what Samuel Burling related ; that this is the matter for which Capt. Johnson called on him for his author. Sampson Dyckman says, he was talking to Capt. John- son ; that Johnson called to Lesslie, asked if he had found that man ; that Lesslie said no, but he could find him, and he gave substantially the same account which Alexander Lesslie has given ; and he farther says, that when Johnson was beating him in the Assembly Chamber, he took Johnson off and separated them ; that Capt. John- son desired him to take Lesslie to the guard house, and that he refused it. Alexr. Lesslie and Sampson Dyckman ordered to withdraw. The Congress then went into the consideration of the conduct of Capt. John Johnson, and the whole examina- tions of the parties and the above memorandum of the evidence of Sampson Dyckman were severally read. Mr. Van Cortlandt then moved that his motion for dis- missing Capt. Johnson from service, as before entered on the minutes of this afternoon, be now read and taken into consideration; and the same again read, and is in the words following : " I move that the warrant to raise a com- pany of the troops of this Colony in Continental service, lately given to John Johnson be taken from him, and that as far forth as in the power of this Congress, he be dis- missed the Continental service and all employments under this Congress." Debates rose thereon, and after some time spent therein, and the question being put thereon, it was carried in the negative in the manner following, to wit : For the negative. Westchester, 2 Dutches 2 Suffolk, 2 Ulster 2 Orange, 2 Charlotte, 2 Tryon, 2 Richmond, 2 16 For the affirmative. Albany, 3 Mr. Gansevoort dissenting. New- York, 4 Colo. McDougall, Colo. Lott, Mr. Bancker, Mr. Prince dis- senting. Kings, 2 Cumberland, 2 11 Ordered, therefore, That the said motion be rejected. Mr. Gansevoort then moved, and was seconded in the words following, to wit : " I move that Capt. John John- son be ordered to the bar of this Congress, and that he make proper concessions for the insult offered to this Con- gress, by usurping a power which is vested in this Con- gress. That he be charged to behave himself peaceably towards Alexr. Lesslie, whom he has grossly injured ; that he receive a severe reprimand from the Chair ; and that he be told, if he should be guilty of the like behaviour in future, this Congress will cause him to be displaced." The same being read a second time and agreed to, Resolved, That Capt. John Johnson be ordered to the bar of this Congress, and that he make proper conces- sions for the insult offered to this Congress by usurping a power which is vested in this Congress ; that he be charg- ed to behave himself peaceably towards Alexander Lesslie whom he has grossly injured ; that he receive a se- 67 vere reprimand from the Chair ; and that he be told, if he should be guilty of the like behaviour in future, that this Congress will cause him to be displaced. Mr. Hobart, according to order, reported a draft of a letter to the Delegates of this Colony at Continental Con- gress, requesting permission for Patrick Sinclair to go to Britain, which was read and approved, and is in the words following, to wit : " In Provincial Congress, ? "New-York, 7th of March, 1776. J " Gentlemen — The late Provincial Congress having received information on the third of Augt. last, that Capt. Patrick Sinclair was appointed Lieutenant-Governor and Superintendent at Missilimacana, being a person of great influence with the Indians, and that he was then in this city on his way to that post, and thinking it would be im- prudent to permit any gentleman under the influence of the British ministry to go into the interior of the country to exercise those offices, who might prejudice the Indians against the United Colonies, ordered him to be taken into custody, and sent him on his parol to Suffolk county, on Nassau island, where he has since continued to demean himself very unexceptionably ; he has lately applied by letter, a copy of which you have enclosed, to this Con- gress for leave to return to Europe. As we do not choose to take a step of this kind without the advice of your ho- nourable body, we beg you will lay the state of this gentle- man's case before Congress and let us have their directions thereon. We beg leave to suggest that Mr. Sinclair was not laid under restraint as an enemy to the country ; no information was received of his entertaining sentiments unfriendly to the United Colonies, but to the contrary ; and that he had invariably treated our Indian traders with the greatest humanity and politeness. For these reasons, and from the consideration that he was not looked upon as a prisoner of war, we wish the favour he asks may be granted, and are " Your humble servants, " By order. " To the New-York Delegates in Continental Congress." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Mr. Hobart, according to order, also reported a draft of a letter to Colo. Blackwell, and sundry other gentlemen of Queens county, on the subject of forming the friends to liberty in their county into militia, and of choosing and ap- pointing committees, which was read and approved, and is in the words following, to wit : "In Provincial Congress, 7 " New-York, March 7th, 1776. ) " Gentlemen — The Congress being of opinion that it is absolutely necessary that the inhabitants of your county who have signed the association and are friendly to the liberties of their country, should be formed into military companies and regimented, and be in a capacity of defend- ing themselves if attacked ; and being informed that they have appointed a county committee, and likewise that committees are chosen in several districts in your county, that they carry the resolves of Congress for regulating the militia into execution, and recommend suitable men for the field officers. The very great importance of the rights for which we are contending, added to the consideration of the present critical situation of our public affairs, and the great probability that the enemy will endeavour to get possession of this Colony in the course of the spring, ren- der it totally unnecessary for us to use any arguments with you on the subject. We doubt not you will exert your- selves to have these matters settled with all possible de- spatch in your county. " We remaining your humble servts. " By order. " To Colo. Blackwell." 346 JOURNAL OF THE PROVINCIAL CONGRESS. DIE VENERIS, 10 ho. a. m. March 8th, 1776. To Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Van Zandt, Mr. Randall, Mr. Prince, Capt. Rutgers, Mr. Rut- gers, Capt. Denning, Mr. Evert Bancker, Mr. Sands, Colo. McDou- gall— For New- York. Mr. Polhemus, Mr. Van Derbilt — Kings. Colo. Jno. Williams— Charlotte. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Gansevoort, Colo. Nicoll on service — Albany. Mr. Rhea, Mr. Lefever, Colo. Palmer on service — Ulster. Colo. Hay, Colo. Allison — Orange. Mr. Adn. Bancker — Richmond. Colo. Wm. Williams — Cumberland. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Colo. Ten Broeck, Colo. M. Graham, Mr. Gilbt. Livingston on service, Major Schenck — Dutchess. Colo. Gilbt. Drake, Major Lockwood, Mr. Thomas — Westchester. Mr. Moore— Tryon. Ordered, That Mr. Randall and Colo. Ten Broeck be added to the committee to confer with Lord Stirling, on the subject of a communication with the ships of war, &c. and that Mr. Hobart and Mr. Gansevoort be excused from attending the said committee. A letter from Capt. Joseph Smith, setting forth his dis- tress, and offering his service to his country particularly in any marine department, if there is or should be a vacancy, was read and filed. Ordered, That the said letter remain on file to be taken up if an opportunity should offer in which his services will be useful. Capt. Johnson according to the order of yesterday evening attending at the door, the door was opened ; he came to the bar of the House, the resolve of yesterday evening was read to him, he was reprimanded from the Chair for his conduct and informed of the line of his duty, charged to behave himself peaceably towards Alexander Lesslie whom he had grossly injured, and informed that if he should be guilty of the like behaviour in future, that Congress will cause him to be displaced. Capt. John Johnson engaged to demean himself prudently, and withdrew. The Congress then proceeded lo hear the minutes and proceedings of the present Committee of Safety from the beginning on the 3rd of Jany. last. On reading the pe- tition of George Coffin mentioned in the minutes of the Committe of Safety on the fourth day of January, and by the minutes of the said committee recommended to this Congress, the said petition was read and heard. The Con- gress taking his case into consideration. [The following memorandum is in pencil mark.] " The rough notes say George Coffin to be pardoned on publishing his petition and pardon." On reading the resolutions of the Committee of Safety on the sixth day of January, relating to the fortifying of some inlets in Suffolk county, Ordered, That any farther prosecution of that measure be left wholly with the Committee of Safety. On reading the letter from the Delegates of this Colony on the subject of the inroads from Connecticut, entered on the 11th day Jany. instant, Ordered, That a letter be wrote to the Delegates of this Colony, informing them the Governor and Representatives of the Colony of Connecticut have not as yet given any answer to the letter from this Provincial Congress on that subject, nor returned nor made any restitution for the types or property taken away from James Rivington. On reading the order of the Committee of Safety of the 1 1th January for the distribution of gunpowder gratis, in half pounds, the Congress being informed that it prin- cipally remains to be carried into execution, if proper, is of opinion and orders, that it be not carried into execution for the present, unless in case of invasion. The committee who went to confer with Lord Stirling on the sundry matters given to them in charge, as appears by the entry thereof in the minutes of yesterday, reported that they had conferred with Lord Stirling ; that he had given the following information to them which he had re- ceived this morning, to wit : "That a brigantine came into the Hook yesterday even- ing and came to anchor under the stern of the Phoenix, and that the people on board gave three cheers ; that four sail of large vessels are in the Hook, a snow in the offing ; that by another person advice was received from Nassau island, that six or seven top sail vessels are in the Hook." Thereupon, Ordered, That Capt. Rutgers and Capt. Randall be a committee to despatch a proper person to the Narrows by land, and another person in a whale boat to the Hook lo make discoveries, and return and report to this committee with all possible despatch. The said committee reported as to the matters given them in charge, that they had settled a plan with Lord Stirling for supplying the ships of war and Governor Tryon's ship with provisions, (subject to the approbation and confirmation of this Congress,) in the words following, to wit: " In order to prevent any obstructions to the supply of provision and other necessaries being furnished to the ships of war and the Governor's ship, pursuant to a for- mer order of this Congress, it is " Resolved and Ordered, That whenever provisions or supplies are to be furnished to either of the said ships, the port master appointed by this Congress shall go with the said provisions or supplies, and see the same delivered on board the said ships, and that he take with him only such persons as are necessary to navigate the boat or boats, car- rying such provisions and supplies, or such person or per- sons as shall have the special permission of the Congress or Committee of Safety, countersigned by the general; and that the said port master and all the navigators of the said boat or boats be under oath that he or they will not disclose any matter whatsoever on board of the said ships relative to the fortifications erecting for the defence of this Colony. That he the said port master will not suffer any of the men that he carries with him in the said boat or boats to go on board either of the said ships, and that he will not carry or suffer to be carried, any letters or papers to or from the said ships, but such as he shall be first satisfied contain no intelligence of a public nature. " That this supply is to take place and be continued on condition that there be no obstruction given to any boats or vessels bringing provisions, provender or firewood, to this city." The Congress agreed with their committee in this part of their report, and confirms the same. The said committee farther reported that as to the firing of the sentinels on the boats coming to and departing from this city, they had, in conjunction with Lord Stirling, set- tled and agreed on such orders with him, to be issued tc the troops by Lord Stirling, as will prevent that inconve- nience for the future ; and that Lord Stirling will, toward! evening, transmit to this Congress a copy of such orders and requested a copy of the regulations for supplying pro visions to the ships by them above reported, if the sarw should be agreed to and confirmed by this Congress. Ordered, That one of the Secretaries prepare and cer tify a copy of the said plan or regulations agreed on, fo supplying the ships of war and Governor Tryon's ship with provisions, and transmit the same to Lord Stirling And, Ordered, That another copy be prepared for the pori master, and that he attend here at five o'clock to receiv instructions. The said committee farther reported that as lo the oth( matter given to them in charge, to wit, the apprehendin and sending into confinement in this and a neighbourin JOURNAL OF THE PROVINCIAL CONGRESS. 34T Colony, sundry inhabitants of this city and Colony, with- >ut the knowledge of, or application to. this Congress, and hat the reasons thereof, that Lord Stirling had assured them hat the like should not happen in time to come ; that he nformed them that John Gregg was apprehended, and is low confined in the guard house at the barracks, for hav- ng, in the night time, attacked the sentinels on duty at their >osts, and that he submits his trial and punishment to the Congress ; that Governor Tryon's two servants and his inen will be sent to his ship by the first provision boat ; hat the seamen who lately came from the ship Dutches >f Gordon, and were apprehended, desire that they may lot return on board ; and that the sole occasion for ap- irehending Saml. Gale, and sending him to confinement, trose from copies of some letter or letters which were in he custody of a certain Colo. William Williams, a mem- >er of this Congress ; that he knows of no other evidence igainst him, and submits his case entirely to this Congress, rhat his Lordship assured them that for the future any )ersons apprehended, shall not be sent out of the Colony, mt their cases respectively, (if any be apprehended,) shall )e referred to this Congress. That he farther declared hat it was not his wish or desire to interfere with the civil government or police of the city or Colony, but on the con- rary to harmonize with and aid the civil government. The iaid committee then informed the Congress that Lord Stir- ing had requested them to inform this Congress that the sresent prison or jail of this city, will in a short time be ivithin some military lines ; that it will be inconvenient to :iave the jailer and prisoners within the lines ; that he will De under a necessity of applying the jail to other uses, and therefore requests the Congress to take into their considera- tion what may be necessary to be directed as to the jailer md the prisoners. A memorial of Abraham Lott,Esqr. Treasurer of this Co- lony, was read and filed. He therein sets forth that one- tenth part of the emission of bills of credit issued by a law of this Colony in 1771, with the interest thereof, will soon be due ; that money of that emission cannot be obtained to discharge those debts agreeable to that law, and praying advice on the premises, and whether the loan officers may receive any money now current in the Colony. Ordered, That Mr. Scott, Mr. Hobart, and Genl. Ten Broeck be a committee to take with them and consider the said memorial, and report thereon to this Congress with all convenient speed. Die Veneris, 4 ho. P. M. March 8th, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, President. Mr. Scott. Colo. McDougall, Mr. Van Zandt, Mr. Randall, Mr. Sands, ,Capt. Denning, Mr. Evert Bancker, Mr. Prince — For New-York. Colo. Hay, Colo. Allison — For Orange. Mr. Ad. Bancker — For Richmond. Genl. Ten Broeck, Mr. Yates, Mr. Gansevort, Col. Nicoll on ser- vice— For Albany. Genl. Woodhull, Mr. Hobart, Mr. Gelston— For Suffolk. Colo. Gilbt. Drake. Colo. Jos. Drake, Major Lockwood, Mr. Thomas —For Westchester. Mr. Moore— For Tryon. Mr. Rea, Mr. Lefever, Colo. Palmer on service— For Ulster. Colo P. Ten Broeck, Colo. M. Graham, Mr. Gilbt. Livingston, Major Schenck— For Dutches. Mr. Van Derbilt, Mr. Polhemius— Kings. Colo. Wm. Williams— For Cumberland. Capt. Rutgers and Mr. Randal informed the Congress '.hat from various informations which they have obtained, ,the particulars whereof they mentioned,) they have good reason to believe that the report of a number of topsail vessels being at Sandy Hook, is false. But they have not- withstanding despatched Capt. Mcllroy to the Narrows to nake discovery, and that this Congress may expect his in- ormation this evening. Colo. McDougall informed the Congress that Major-Ge- neral Lee, before his departure, received a letter from Major-General Schuyler, informing of the state of the troops gone forward to Canada, and of many other things relative to the present or ensuing campaign in that de- partment. That General Lee has left him a copy of that letter to be laid before this Congress for their information, which he then delivered to the Chair. Thereupon the same was read, and is in the words fol- lowing, to wit : " Albany, February 29th, 1776. " Dear General : — Congress having ordered that I should repair to New-York, to lake the command there as soon as my health would permit, I have taken the liberty to represent to them that if that obstacle was immediately removed, I should not be able to leave this until the bat- teaux now building at Fort George were finished, and every thing got into such a train as that your army in Canada may not suffer for want of provisions, which it cer- tainly will if I quit this, and you immediately go into Canada, where your presence is much, very much indeed wanted. " At a moderate calculation the provisions which we took, what was carried in, and what has since been brought there, was sufficient to the month of June, and yet they are now so nearly expended, that I have been obliged to send four hundred barrels of pork in sleds, at the enormous ex- pense of three pounds per barrel. I have sent to Canada one eighteen and a number of twelve pounders, with what suitable shot were left at the upper posts. I need not ob- serve to you that you will stand in need of a number of carpenters and shipwrights. I only mention it to advise you that I have fifty or more that can go off at a moment's warning. The Canadians are very indifferent workmen, and besides, will not take our paper money, so that every thing considered, I conclude it will be best to take them from hence. Besides the pork above mentioned, I have ordered 1 50 head of the largest and best stall fed cattle to be purchased, which I hope to get into Canada whilst the lakes are still passable on the ice. I have so arranged matters that they will carry their own fodder, and I hope two hundred barrels of pork besides. " I do not know if the cannon ordered for New-York have travelling carriages. I have wrote on the subject to the committee to whom the conveyance of them is entrusted. If they have not, I think I could complete them here in ten days, as I have employed a person to look out for the pro- per timber, and to speak to all the wheelwrights in this place and its vicinity, to be ready when called upon. The regiments to be raised for the Canada service in the Massachusetts Bay and Connecticut, are not yet marched from thence. Four companies of the Pennsylvanians, are gone on the fifth ; the only one left here will march to- morrow. Three Jersey companies are also marched, and about one thousand from this Colony and the Massa- chusetts Bay, which I ordered to be raised immediately after our repulse at Quebec. As the Jersey and Pennsyl- vania companies are very incomplete, I have ordered all the men that were raised by my immediate order, to be engaged for the campaign, and to remain in Canada. I imagined that necessity would justify this step, and I have advised Congress thereof, and pointed out the reasons which induced me to it. Three companies of Col. Van Schaick's regiment are nearly complete. One of them is at Fort George, and the other at Ticonderoga, from whence they will move as soon as I can get a few men out of those others to be raised in this Colony to take charge of those posts. All the troops that have hitherto come up have been only half armed, and I am greatly distressed to furnish them. None of them had moccasins, and great numbers wanted shoes, mittens, caps, stockings, &c. I hope the New-York Convention will forward the naval stores I wrote for without delay, as none are to be had in Canada, and you will stand in great need of them. Gene- 348 JOURNAL OF THE PROVINCIAL CONGRESS. ral Wooster has pressed me, in the most earnest manner, for a supply of hard cash. With difficulty, and by giving my own security, I have been able to collect about .£2,100, which is gone on to him. It will be well to bring up with you whatever you can procure at New-York, as you will be greatly distressed in Canada without it. Eight tons of powder are ordered up, and I do not believe with what is in Canada, that the whole will exceed twelve. I had wrote to Congress for fifteen. You are a much better judge than I can pretend to be, whether you will have a sufficiency. Adieu, my dear general, and believe me with the most respectful sentiments of esteem, " Your most obedient and most humble servant, "PH. SCHUYLER " The Honorable Major-General Lee." Genl. Ten Broeck and Major Schenck, to whom was re- ferred the letters of attorney from the soldiers now in Ca- nada, and the applications of their wives thereon for money, to be advanced to them in part of the wages of their re- spective husbands, delivered in their report, in the words and figures following, to wit : " Your committee for considering the applications of se- veral soldiers' wives, whose husbands are now in the Con- tinental service, in the northern department, do report that the sum of £41 Is. be put into the hands of Peter T. Cur- tenius, to be advanced to the several persons hereunder named, in the manner following ; and that Peter [T.] Cur- tenius be desired to pay the several sums annexed to their names, and take vouchers and transmit an account of the same to General Schuyler, as soon as possible. Unto £ s. d. Sarah HaOaway the sum of 1 4 0 Elizabeth Tregleth do 1 4 0 Mary Linck do 2 13 4 Jane Quackenbush do 1 4 0 Letty .Allen do 2 13 4 Hannah Grant do 1 4 0 Dotia McMullen do 1 4 0 Elizabeth Parker do 1 4 0 Sarah Wright do 1 4 0 Elizabeth Kip do 1 4 0 Mary Nearn do 1 4 0 Mary Barrow do 2 13 4 Mary Miller do 2 13 4 Elizabeth Pool do 2 13 4 John Kidder do 2 13 4 Elizabeth Van Der Feeld do 1 4 0 Anna Mary Wirth do 2 13 4 Sarah Hesse do 2 13 4 Catharine Ashfield do 2 13 4 Hany. Lower do 2 13 4 Catharine Mcintosh do 1 4 0 Catharine Taylor do 1 4 0 £41 1 0 " Which is humbly submitted by "ABM. TEN BROECK, "HENRY SCHENK." The aforegoing report was read and agreed to. There- upon Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, pay into the hands of Peter T. Curtenius the sum of forty-one pounds one shilling and fourpence ; that Mr. Curtenius dispose of the said money in advancing to the distressed wives and friends of sundry soldiers now in Canada, in the service of the United Colo- nies, agreeable to the list delivered him, and that Mr. Cur- tenius transmit to Genl. Schuyler an account of the same, to the end that the same may be stopped out of the pay of those soldiers to whose wives or friends such moneys have been advanced. The Congress then proceeded to hear the residue of the minutes and proceedings of the Committee of Safety, be- ginning where they had ceased hearing them in the former part of this day to, at the proceedings of the morning of the twelfth day of January last. The Congress having proceeded to hear the minutes of the acts and proceedings of the Committee of Safety, as far as those of the morning of the twenty-fourth day of January last ; on reading the disposition therein mention- ed to have been made of the sum of one thousand pounds left at the disposition of the Committee of Safety, for the support of the poor, the Congress were informed that the sum of three hundred and thirty pounds and three pence, of the said one thousand pounds, which had been put into the hands of John Ramsey, had been since drawn from him by drafts or orders of the Committee, and expended in wood, cheap provisions and other necessaries distributed to the poor. That with the remaining £669 19s. 9d. the said John Ramsey employs many poor in spinning, weaving and dressing flax, and manufacturing linen cloth, (a sample whereof was produced,) in such manner as to support se- veral hundreds of poor. But that he is unable to render the institution as extensively useful as he could wish, for want of a larger capital. Thereupon, Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, pay to Mr. John Ramsey the further sum of one thousand three hundred and thirty pounds and three pence, for the purpose of enabling him to employ the industrious poor in this city in spinning and manufactures, and that the said Treasurer take Mr. Ram- sey's receipt for that sum. The said John Ramsey to be accountable for the same to this Congress, or the Committee of Safety, when thereunto required, and to have the like commissions on this as on the former sum which he has employed in the same way. On reading the memorandum of the sureties taken of Lawrence Harlwick, on the 24th of Jany. in the afternoon, for his appearance when called for, and his good behaviour, the Congress was informed by a member that the said Lawrence Hartwick is long since gone on board of one of the ships of war. Ordered, That his sureties be called on to produce him, and if they do not produce him, that they be brought be- fore this Congress. Christopher Duyckinck, who was sent to apprehend some pilots late of this city, and now in the service of the ministerial navy, being at the door was admitted. He says those pilots came on shore, but with a boat with armed men for their protection ; that they come on shore fre- quently in that manner ; that they have been three times on shore, since he went to endeavour to apprehend them ; that without the assistance of 25 or 30 men, with muskets, he thinks it is not probable they will be apprehended ; that he thinks that number, with three or four days' provision and properly armed and lodged, may effect the taking of them ; that a brigantine, having on board rum, sugar and salt, was taken yesterday evening ; that Francis James, the pilot, went out in the vessel that seized and took her, and was active therein ; that the Phoenix has a number of boats about her. Ordered, That Colo. McDougall give such directions as he may think necessary, for apprehending the said pi- lots, and that that matter be committed solely to him, and Duyckinck take his directions. Capt. Mclllroy, who was sent out at noon by Capt. Rut- gers and Capt. Randall, returned. He was brought near the Chair. He says that there is not any topsail vessel below," but a brigantine which belongs to one Barnes of Elizabeth Town and which is seized by the Phoenix ; that four sloop rigged vessels (one of them very small) lie near the Phoenix ; that a person informed him that he had seen five sail off of the Hook, that two of them were brigantines. A message was brought to Congress that Nichs. Low is ready to deliver the gunpowder purchased of him. Ordered, That Richd. Norwood, Commissary of Colo- ny stores, be directed to receive and take the charge of some gunpowder which will be delivered to him by Mr. Nichs. Low ; that he take a particular account of the quan- tity, and that he mark it in such manner as that it may be distinguished from the other powder stored in the maga- zine. JOURNAL OF THE PROVINCIAL CONGRESS. 349 Congress were informed that some person in this city has now some muskets and other firearms preserved for, and which did formerly belong to, the ministerial army. That any person directed by Congress to take them for the use of the troops may be informed where they are. It was the opinion and direction of Congress that Colo. McDougall go immediately and take proper measures to have them secured. The Congress then proceeded to hear the whole residue of the minutes of the Committee of Safety, to the twelfth day of February last included. DIE SABBATI, 10 ho. a. m. March 9th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Gen). Woodhuli, President. Mr. Van Zandt, Capt. Rutgers, Mr. Sands, Mr. Evert Bancker, Capt. Denning, Mr. Roosevelt, Mr. Randall, Colo. McDougall— For New- Fork. Colo. Allison, Colo. Hay — For Orange. Mr. Moore — For Tryon. Mr. Ab. Yates, Mr. Gansevoort, Genl. Ten Broeck, Colo. Nicoll on service — For Jllbany. Mr. Rea, Mr. Lefever, Col. Palmer on service — For Ulster. Colo. Gil. Drake, Colo. Jos. Drake, Mr. Thomas, Major Lockwood — For Westchester. Colo. John Williams — Charlotte. Genl. Woodhuli, Mr. Gelston— For Suffolk. Colo. P. Ten Broeck, Colo. Morris Graham, Mr. Gil. Livingston— For Dutches. Mr. Polhemius — Kings. Mr. Ad. Bancker — Richmond. Colo. Wm. Williams— Cumberland. A letter from Messrs. Curtenius and Elting relative to their contracting to supply the Continental troops in this Colony with provisions, was read. Ordered, That it remain on file until the Congress take up the consideration of that matter. A letter from Colo. Curtenius relative to a vast massy ,;hain of iron, which General Lee directed him to have |nade, to be sent to the northward, was read. He thereby i nforms that considerable parts of it are made, and requests ;lirections whether he shall have the same completed. Ordered, That Mr. Curtenius apply to Lord Stirling, jenl. Lee's successor in command, and that he take Lord Stirling's directions as to that matter. The petition of Robert Robinson and Michael Price, of he city of New-York, merchants, was read and filed. They thereby testify their contrition for their conduct for ending goods at a very advanced price, in violation of the esolulion of Continental Congress, and their determina- ion strictly to conform to the regulations of Congress, and tot offend their countrymen in future, and pray to be re- tored. Congress came to a determination in the words ollowing, to wit : " In Provincial Congress, } " New-York, March 9th, 1776. } " Robt. Robinson and Michael Price, of this city, iner- hants, having been duly convicted by the general commit- of association for the city and county of New-York, of aving violated a resolution of the Continental Congress, by ending goods at an exorbitant and extortionate profit ; and ie said Robt. Robinson and Mich. Price, by their peti- on, having declared their contrition for their offence and ieir intention for the future to conform to the resolutions f the Continental and this Congress, and their desire to lake their peace with their countrymen and to have an op- ortunity of proving themselves sincere friends to the liber- es of America," Resolved, That the said Robt. Robinson and Michael rice have fully satisfied this Congress of their contrition >r the said offence, and of their intention for the future to 88 act agreeable to the resolutions of the Continental and this Congress. And, Resolved, That they be restored to the favourable opi- nion of their countrymen ; and it is hereby recommended that they be no longer considered or treated as enemies to the liberties of America. Ordered, That one of the Secretaries deliver a certified copy hereof to the said Robt. Robinson and Michael Price at their request, that they (according to their desire) may be enabled to publish the same in the newspapers. Colo. McDougall moved, and was seconded by Mr. Gansevoort, that this Congress would resolve to lend mo- ney, without interest, to proper persons for a limited time, to encourage them to build powder mills in this Colony. After some time spent therein, the Congress unanimously agreed to the following resolution, vizt : Resolved, That this Congress will lend to any person or persons who shall be recommended to this Congress or Committee of Safety, by the general committees of the counties of Albany, Suffolk, Westchester, Dutches, Try- on, Orange or Ulster, the sum of one thousand pounds for two years, without interest, upon giving security to Isaac Roosevelt, Nathl. Woodhuli, Abm. Yates, Junr. Jacobus Bruyn, Jno. Thomas, Junr. Petrus Ten Broeck and John Haring, and the survivor or survivors of them, for the re- payment of the same to them for the use of this or any fu- ture Congress of this Colony : Provided the person or per- sons who shall so apply, do engage by contract with this Congress or the Committee of Safety, to erect within three months from the time of the said loan, a powder mill of the best quality, in such place within the Colony as the gene- ral committee of the county wherein the same is to be erected shall approve of : Provided always, that no more be erected in each of the aforementioned counties, than is hereinafter mentioned, viz : The county of Albany two, and each of the other counties above named one : And pro- vided also, that the above application be made by the first day of May next. And, Resolved, That John R. Livingston, Esqr. be the per- son appointed, and is hereby appointed, to erect the pow- der mill in Dutchess county, agreeable to the above reso- lution. Ordered, That some of the members from the counties of Albany, Suffolk, Westchester, Dutchess, Tryon, Or- ange and Ulster, prepare a copy of the foregoing resolu- tions, for encouraging the erecting of powder mills, for their respective county committees, and that the Secretaries examine the said copies ; and that the members of those respective counties forward a copy to each of their county committees respectively. On motion of Mr. Sands, Resolved and Ordered, That the armed schooner Schuyler, whereof James Smith is commander, lately fit- ted out by order of this Congress, be ordered to cruise on the southern shore, between Egg Harbour and Sandy Hook, to protect all vessels coming into this port ; and that the sloop Bishop, belonging to the Provincial Con- gress of this Colony, now in Egg Harbour, or supposed to be there, be fitted out for the like purpose ; and that Mr. Sands and Mr. Randall be a committee to fit out and com- pletely arm the said sloop Bishop, and to appoint a cap- tain and officers for the said sloop. Mr. Van Zandt informed the Congress that the ship Rosamond, whereof Wright Southgate is master, is laded and ready to proceed to sea on Provincial account, and requested a permit for the said master to apply to the cap- tains of the ships of war for their permission to pass them and proceed to sea ; and also a permission from this Con- gress for the said ship to sail. Whereupon the two follow- ing orders were separately made and agreed to, in the words following, to wit : " Ordered, That Wright Southgate, master of the ship Rosamond, be immediately permitted, and he is hereby permitted, to go down to his Majesty's ship Phoenix and his 350 JOURNAL OF THE PROVINCIAL CONGRESS. Majesty's ship Asia, in a boat, with such men as may be necessary to go down with the said boat. And, " Ordered, That the ship Rosamond, Wright Southgate, master, with her cargo and lading, be permitted to go to sea." The Congress resumed the matter of fixing and esta- blishing a magazine of provisions in Westchester county, and after some time spent therein, Congress were of opi- nion the resolution agreed to on the day of for that purpose is imperfect, inadequate to the end, and that the method thereby proposed will create unnecessary ex- pense. Ordered, That Mr. Sands, Colo. Jos. Drake and Mr. Thomas, be a committee to reconsider the method of es- tablishing a magazine of provisions, and to report thereon. The committee last above mentioned, who had with- drawn for the purpose, speedily returned and reported the following resolution, which was unanimously agreed to, vizt : Resolved and Ordered, That the Deputies of West- chester county purchase and deposite in different stores in that county, twelve hundred barrels of good salted pork, wherever it is to be bought ; and that the Deputies of Al- bany county purchase eighteen hundred and fifty bushels of good peas, and send them to the Deputies of Westchester county, to be by them stored in the same manner. A draft of a letter to the committee of Richmond county, on the subject of regulating and arranging their militia, and occasioned by Mr. Bancker's late motion for a supply of gunpowder, was read and approved, and is in the words following, to wit : "In Provincial Congress, ? "New-York, March 9 th, 1776. J " Gentlemen — Your Deputy, Mr. Bancker, has applied to this Congress to spare out of their present small stock a little powder, to be sent to some prudent person or per- sons in your county, for the defence of the friends to liberty and their country there. The objection to the measure is that the militia of your county is not formed agreeable to the regulations of the Continental and this Provincial Con- gress. We therefore request you, gentlemen, to have your county divided into beats or districts, and take proper mea- sures that the militia of your county be formed as soon as possible, agreeable to the regulations above mentioned, and the names "of the captains and subalterns returned to this Congress, without delay, that their commissions may be issued. " We are respectfully, gentlemen, " Your very humble sevts. " By order. " To the Chairman and Members of the Committee of Richmond county." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Die Sabbati, 4 ho. P. M. March 9th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. WoodhuU, President. Mr. Scott, Mr. Prince, Captain Denning, Mr. Evert Bancker, Mr. Van Zandt, Mr. Sands, Mr. RandaU— For New-York. Mr. Polhemus — Kings. Colo. John Williams — Charlotte. General Ten Broeck, Mr. Abraham Yates, Mr. Gansevoort, Colo. Wm. Nicoll on service — Jllbany. Mr. Rhea, Mr. Lefever, Colo. Nicoll on service — Ulster. Colo. Hay, Colo. Allison — Orange. Mr. Adn. Bancker — Richmond. Colo. William Williams — Cumberland. General WoodhuU, Mr. Hobart, Mr. Gelston— Suffolk. Colo. Ten Broeck, Major Schenk, Colo. M. Graham, Mr. G. Li- vingston on service — Dutchess. Colo. Gilbert Drake, Major Lockwood, Mr. Thomas, Colo. Jos. Drake — Westchester. Mr. Moore— Tryon. The committee appointed to consider of and report on the memorial of Abraham Lolt, Esquire, Treasurer of this Colony, appointed by the General Assembly thereof, deli- vered in their report, which was read, and the same being again read by paragraphs and amended, was resolved on and unanimously agreed to in the words following, to wit : " 1st. Resolved and Ordered, That Abraham Lott, Es- quire, Treasurer, and the loan officers of this Colony, shall receive in payment of the principal and interest that shall from time to time become due on the moneys put out on loan, by virtueof an actof the Governor, Council and Gene- ral Assembly of the Colony of New-York, passed the 16th February, 1771, entitled ' An act for emitting the sum of 120,000 pounds in bills of credit to be put out on loan, and to appropriate the interest arising thereon to the pay- ment of the debts of this Colony, and to such public exi- gencies as the circumstances of this Colony may from time to time render necessary,' as well the bills of credit here- tofore issued by virtue of any law of this Colony as those issued by order of the Congress of these United Colonies, and of the Provincial Congress of this Colony. " 2dly. And whereas by virtue of the aforesaid act, the one-tenth part of the said sum will become due and is to be paid unto the respective loan officers on the third Tues- day of April next : And whereas by reason of the un- happy war brought on us by the iniquitous attemps by the British Parliament to reduce these Colonies to a state of slavery, it may be inconvenient for the good people of this Colony who have the said moneys on loan to pay the said one-tenth part of the same according to the directions of the said act. Resolved and Ordered, That the payment of the said one-tenth part of the principal be and it is hereby suspended until the third Tuesday of April, which will be in the year of our Lord 1777, upon which day the annual pay- ments of the one-tenth part of the said principal sum of one hundred and twenty thousand pounds shall commence and continue from year to year until the whole shall be paid, any thing in the said act to the contrary hereof in any wise notwithstanding. And whereas doubts may arise in the minds of the loan officers about the disposi- tion of such principal moneys as may happen to be paid in, it is hereby "Ordered, That they put the same out on loan, and that in doing thereof they conform in all respects to the direc- tions of the said act. "3dly. And whereas the public exigencies of the Colo- ny are so great as to require that all the public revenues of the same should be appropriated to defray its expenses: And whereas the General Assembly of the Colony have by prorogation, made on the day appointed for theii meeting, been prevented from proceeding to the despatel of the ordinary business thereof, it therefore becomes ne cessary for the representatives of the people in Provincia Congress to attend to the proper application of the publi* moneys now in the hands of the said Abraham Lott, Es quire : " Resolved and Ordered, therefore, That the said Abra ham Lott be directed, and he is hereby directed, withi thirty days from this day, to lay before this Congress c the Committee of Safety, on oath, an account of all tb moneys that now are and shall be in his hands as Treasi rer of this Colony ; particularly stating to what funds the belong, and whether any and what funds are appropriate to any and what uses, and every other matter which shf be necessary to constitute a complete state of the Treas ry of this Colony." " Ordered, That Mr. Elias Nixen, the port-master, and he is permitted to convey on board of the ships As and Phoenix and the Governor's ship, the following ar cles, vizt :* •A requisition of Hugh and Alexr. Wallace to send three boxeif candles for the Governor, is the only one found. JOURNAL OF THE PROVINCIAL CONGRESS. 351 A letter from Hendrick Garrison of Richmond county, dated the 8th instant, was read and filed ; he therein com- plains that while attending before the committee of said county as a witness pursuant to summons, and while un- der examination, that the said committee permitted the defendants, Cornelius Martino, Richard Conner and John Burbank to insult and abuse said Garison, and asking the advice and protection of Congress, he considering his situ- ation unsafe as respects either his person or property. A letter from John Hall. A letter from Malcom Morison, first major to Col. Ja- cobus Swartwout's regiment of minute men in Dutchess county, resigning said appointment, and recommending Major Henry Ludenton be promoted to supply the vacan- cy, was read and filed. The commission of said Malcom Morison enclosed in said letter, was filed. A letter from Thomas Palmer. A letter from William Elsworth, chairman of the com- mittee of safety and observation of the town of Kingston, setting forth that they on the 29th day of February last, had written to Genl. Schuyler informing him of the incli- nation of Capt. Elias Haasbrouck to be continued in service, and recommending said Haasbrouck for captain ; Moses Yeomans, for 2d lieut. ; and Petrus W. Meyer, for en- sign, in one of the 4 regiments to be raised, was read and filed. A letter of Genl. Schuyler to William Elsworth, chair- man of Kingston committee, in answer to theirs of the 29lh u'it. respecting captain, and enclosed in before men- tioned letter, was also read and filed. A warrant to Capt. Horton, ordered. DIE LVNJE, 10 ho. a. m. March 11th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Randall, Mr. Bancker, Mr. Beekman, Mr. Smith, Mr. Den- ning, Capt. Rutgers, Mr. Sands, Mr. Rutgers, Mr. Scott, Colo. Bra- sher — For New-York. Colo. Gilbt. Drake, Mr. Thomas, Colo. Lewis Graham — Westches- ter. Mr. Ab. Yates, Genl. Ten Broeck, Mr. Gansevort, Col. Nicoll on ser- vice — Albany. Mr. Rea, Mr. Lefever, Colo. Palmer on service — Ulster. Colo. Hay, Colo. Allison — Orange- Mr. Moore — Tryon. Colo. John Williams — Charlotte. Genl. Woodhull, Mr. Hobart, Mr. Gelston— Suffolk. Colo. P. Ten Broeck, Major Schenck — Dutches. Mr. Van Derbilt, Mr. Polhemius, Mr. Leffertse, Mr. Covenhoven— Kings. Colo. Wm. Williams — Cumberland. Genl. Ten Broeck informed Congress that Elizabeth Dougherty was neglected to be added to the list of soldiers' wives whose husbands are now in Canada in the Conti- nental service, and who had money advanced them on account of their husbands' pay. Thereupon. Ordered, That Colo. Curtenius pay to the said Eliza- beth Dougherty the sum of 53s. 4cL on account of her hus- band's pay, and transmit an account of the same to Genl. Schuyler immediately. Mr. John Van Derbilt, a member of Congress, having occasion to go into the Colonies of New-Jersey and Penn- sylvania on public business, Ordered, That he be permitted to go into those Colo- nies, and that it be and it is hereby recommended to all persons to let him pass unmolested. A member informed the Congress that a very large mail, with letters for many of the inhabitants, which came by the packet, is on board of His Majesty's ship Asia ; that His Worship the Mayor, who attended for the purpose, had informed him that Mr. Foxcroft could not safely go on For the negative. Suffolk, 2 Cumberland, 2 Dutches, 2 Westchester, 2 Ulster, 2 10 board of the said ship Asia and bring the said mail on shore without the permission of this Congress. Ordered, That John Foxcroft, Esqr. be and he is here- by permitted to go to the ship Asia, in company with the port master, to receive the mail lately arrived from Eng- land in the packet, and to bring the same to his office in this city, in order to deliver out the letters. From the door-keeper of the Council, at the door, the Congress was informed by one of the Secretaries, through the President, that His Majesty's Council are summoned to meet this day on board of His Excellency's ship, and requests such directions as will enable them to go on board of the Governor's ship without molestation. Debates arose on the said request, and the question be- ing put whether any such permit shall be given, it was carried in the affirmative in manner following, to wit : For the affirmative. Albany, 3 Orange, 2 Kings, 2 New-York, 4 Mr. Scott dissenting. Tryon, 2 Charlotte, 2 15 Therefore, Ordered, That the honourable members of His Majes- ty's Council, and Samuel Bayard, Junior, Esqr. the De- puty Secretary of this Colony, or any one of his stated clerks, be permitted to go on board of His Excellency Go- vernor Tryon's ship, without interruption. In order to give despatch to the payment of moneys that are payable by this Congress, and to prevent the time of the Congress from being so often consumed on matters of account, the following resolution was unanimously agreed to : Ordered, That Mr. Van Zandt, Capt. Denning, Mr. Beekman, Colo. Brasher and Mr. Sands, be a committee to compose a pay table, for the purpose of auditing all the accounts against the treasury of this Congress. That they, or any three of them, do endorse every account they shall pass ; that such endorsement be a sufficient voucher to the Treasurer for the payment of such account. That the said committee do enter in a book or books, to be by them kept for the purpose, a regular account of all the ac- counts by them passed. That they be empowered to hire and employ one able and sufficient clerk, and a room for the purpose ; and that this Congress will make provisions for the payment thereof. That they be directed to make a separation in the Treasurer's accounts, between those that are of a Continental nature and those that are merely Pro- vincial, and keep them in a proper state to be transmitted to the Continental Congress, when thereunto directed by this Congress or the Committee of Safety. That they lay before this Congress, or Committee of Safety, a state of the accounts of this Colony from time to time, as they shall be thereunto required. That the said committee be allowed a reasonable compensation for their services. Ordered, That Colo. Brasher, Genl. Ten Broeck, Mr. Scott and Colo. John Williams, be a committee to consi- der of the powers of the Committee of Safety, and report to this Congress what alteration therein or additional powers thereto may be necessary, and that they report thereon with all convenient speed. The committee of Kings county having this day met, they recommended the following gentlemen to be appoint- ed the field and staff officers of their regiment of militia, vizt : Rutger Van Brunt, colonel ; Nichs. Covenhoven, lieut. colonel ; Johannes Titus, first major ; John Van Derbilt, second major ; George Carpenter, adjutant, and Nicholas Covenhoven, quarter-master. Ordered, That commissions issue for those gentlemen in the offices to which they were respectively elected, and JOURNAL OF THE PROVINCIAL CONGRESS. 352 that they be delivered to John Lefferts, Esquire, agreeable to his request. Sundry matters were proposed to Congress as useful and necessary to be done at and beyond Sandy Hook for the protection of trade. The Congress were unanimously of opinion that those matters will be most properly and be- neficially managed by a marine committee appointed out of this Congress. Thereupon, Ordered, That Mr. Randall, Mr. Rutgers and Capt. Denning, Mr. Van Zandt and Mr. Hallett, be and they are hereby appointed a marine committee, with full powers to take such measures and give such directions, and em- ploy such persons for the protection or advantage of trade as they may think proper, useful or necessary ; that they apply to this Congress when they may be in doubt, or want advice or directions ; that they be empowered to keep such matters secret as they think necessary, until they are executed ; and that the said marine committee have the charge, care and direction of fitting out the sloop Bishop, according to the order made on the instant; that they be also authorized to give directions as to all im- ports already arrived, or that may arrive in any of the Co- lonies on the account of this Colony, and that any three or more of them be a quorum for the purposes aforesaid. The Congress resumed the consideration of a draft of sundry resolves for an election of Deputies for a Provincial Congress. The same were read ; being again [read] by paragraphs, debates arose on that part of the draft which proposes that associators only shall have a vote. After some time spent therein, and debates thereon, the question was put whether non-associators shall be permitted to vote, and it was carried in the affirmative, in the manner follow- ing, to wit : For the affirmative. For the negative. Albany, 3 Suffolk, 2 Dutches, 2 New-York, 4 Kings, 2 Orange, 2 Ulster, 2 Tryon, 2 Cumberland, 2 Westchester, 2 Charlotte, 2 23 That part of the resolves which propose the election by ballot being then read, debates arose thereon. After some time spent therein, it is agreed, that as the non-associa- tors are allowed to vote, that the election be not made by ballot. Those two material points being settled, Ordered, That Mr. Smith and Mr. Gansevort take with them the said plan for an election ; that they make amendments or prepare a new draft of a plan or resolves for that purpose, and report the same this afternoon. Die Lun*:, 4 ho. P. M. March 11, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Colo. McDougall, Mr. Beekraan, Mr. Evert Bancker, Capt. Rutgers, Mr. Randall, Mr. Roosevelt, Mr. Van Zandt, Colo. Lott, Mr. Thus. Smith, Mr. Scott— For New-York. Colo. Allison, Colo. Hay — Orange. Mr. Adn. Bancker, Mr. Lawrence —Richmond. Mr. Abm. Yates, Mr. Gansevoort, Col. Nicoll on service, General Ten Broeck — Albany. Mr. Rhea, Mr. Lefever, Colo. Palmer on service — Ulster. Colo. Gilbt. Drake, Colo. Lewis Graham, Mr. Thomas — West- chester. Mr. Moore — Tryon. Genl. Woodhull, Mr. Hobart, Mr. Gelston— Suffolk. Colo. Ten Broeck, Major Schenk — Dutchess. Mr. Polhemus, Mr. Lcll'ertse— Kings. Colo. Jno. Williams— Charlotte. Colo. Wm. Williams — Cumberland. A certificate signed by the President, and attested by both Secretaries, was given to Mr. Van Zandt, for the ship Rosamond, in the words following, to wit : " It is hereby certified, that the ship Rosamond, whereof Capt. Wright, Southgate, is master, has been laded by order of the Provincial Congress of this Colony on their account, and is now proceeding to sea on her voyage on the account and at the risk of this Colony of New-York." Mr. Van Zandt produced a letter from Snell, mas- ter of the sloop Hamden, informing that he is arrived at Philadelphia, and specifying his cargo brought on account of this Colony. Ordered, That the marine committee give directions, and take the management of that vessel and cargo. A letter from Malcom Morison, Esqr. and a petition of Archibald Campbell, of Paulings precinct, in Dutches county, complaining of great irregularities and outrages against the said Archibald Campbell, by some persons from Connecticut, were severally read and filed, and are in the words following, to wit : " New-York, March 11, 1776. " Sir — I make free to inform you that a number of people from Connecticut came to the house of Mr. Archd. Campbell, in my neighbourhood, on the 28th ulto. to dis- possess him of his farm by force ; upon hearing of which I went there and found about one dozen persons, some of whom were armed, carrying his furniture into the street. I expostulated with them on their doings, and told them if they did not desist, I must call the posse to suppress them. They thinking themselves not sufficiently strong to pro- ceed, left off ; I then asked them what caused them to act in the manner they had done ; they told me they were de- termined to repossess all the people who had been turned off their places some years past, as the lands belong to Connecticut. I did not think it prudent to call aid to se- cure them, but advised them to return, as the mode they took to settle any controversy that might be pending, was unjustifiable ; upon which they went off, but said they would return with greater force. A number of others have been warned to remove from their farms. " I believe it would be advisable to lay this affair before our Provincial Congress, and if possible have the matter stopped, as I am apprehensive if something is not done to prevent them, we shall have a second Prendergast affair in our county. " I am, with deference, " Sir, your most humble servant, "MALCOM MORISON." " To the Honourable Provincial Congress now setting in the city of New-York. " The petition of Archibald Campbell, of Pauling's pre- cinct, in the county of Dutchess, and Province of New- York, gentleman, Humbly sheweth : That on the twen- ty-eighth day of February, now last past, a body of men, in number about thirteen, from the Colony of Connecticut, in a hostile and riotous manner, with arms and clubs, did proceed to the dwelling house and farm of your petitioner, ly- ing in Pauling's precinct aforesaid, and did then and there unjustly, and without any colour of equity, take away part of his household goods and furniture, leaving them in the street or road, by which means they were much exposed, with intention to dispossess your petitioner of his right and property. That they proceeded in the same riotous and illegal manner to dispossess others living in the said Paul- ing's precinct, of their goods and lands, without having any legal authority for that purpose. That upon the interposi- tion of the magistrates they dispersed and were returning home, but threw out many menaces and threatenings that they would soon be back again with a number sufficient to put their wicked designs in execution. By means where- of, as well your petitioner as many other well disposed and peaceable persons living in said Pauling's precinct, are kept in continual fears and alarms, and are very un- easy lest they should be deprived of their possessions and JOURNAL OF THE PROVINCIAL CONGRESS. 353 goods, and that unless the honourable Congress make use of some means to discourage and prevent such mischiev- ous doings, that part of the Province will be kept in great confusion. Your petitioner, therefore, humbly prays, as well for himself as in behalf of other inhabitants of said Pauling's precinct, that the honourable Provincial Congress will take the matter under their mature consideration, and devise, order and direct such ways and means, as to them in their great wisdom shall seem most fit and convenient, in order for the effectual suppression and discouragement of such illegal proceedings. " And your petitioner shall ever pray, ice. "ARCHD. CAMPBELL. ■> Fredericksburgh, 29 Feby. J 776." Ordered, That the said letter and petition be referred to the members of this Congress from Dutches county, to write to the committee of their county, or the committee of Pauling's district, for particular information on the matters mentioned in the said letter and petition, and requesting such committee to transmit affidavits or other proof of such facts as shall be proved to them, to this Congress, or the Committee of Safety. And that the said members from Dutches county procure such further information in the premises as they may conveniently obtain, and make re- port thereof to this Congress, or Committee of Safety, with all convenient speed. The Congress were informed that William Douglass, Andrew Van Tuyle and Isaac Simonson, had made affida- vit as to the loss of the pilot boat Hamden, in the manner formerly directed for the other owners ; the said affidavit being read and filed, is in the words following, to wit: [Affidavit not entered.] Ordered, That William Douglass, Andrew Van Tuyl and Isaac Simonsen, be paid for one-quarter part of the pilot boat call the Hamden the sum of one hundred and fifty pounds, and for one-quarter part of the wages or hire of the said boat and her mariners, the sum of twenty- two pounds ten shillings, on their executing a proper con- veyance for one-quarter part of the said boat, and deliver- ing over the papers relating to the said boat to Mr. Jaco- bus Van Zandt, and entering into covenants to Mr. Van Zandt that if any moneys shall be allowed for the said boat or for the service or detention of the said boat while em- ployed in His Majesty's service, that they will pay one- quarter part thereof to Mr. Van Zandt, and also a covenant that if it shall hereafter appear that the said boat was ta- ken by collusion, or any deceit of the master or own- ers, or either of them, that then they will repay the said moneys to the said Mr. Van Zandt. And Ordered, That a copy hereof be a sufficient warrant to Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, to pay the said moneys. Mr. Smith informed the Congress that Barnard, of Elizabeth Town, is in this city; that he came this day; from on board of the ship Phoenix ; that he says Capt. Par- ker informed him that he was about fitting out his schooner Tender with carriage guns and other necessaries to make her a vessel of force, to be stationed and cruize off of Egg Harbour. The Congress are of opinion that the said schooner may be very detrimental to the trade of this Colony and the neighbouring Colonies, and at this critical juncture in par- ticular, as ammunition, arms and other necessary stores may thereby be seized and prevented from being landed : Therefore, Ordered, That the marine committee of this Congress take the examination of Mr. Barnard, what may be neces- sary to be doae by this Congress, and report thereon with all possible speed. Mr. Smith Ramage, at the door, at the request of a member was admitted. He informed the Congress that he has a vessel nearly laded with flax-seed intended for Ire- land, by permission of the Continental Congress ; that she will soon be ready to go to sea ; that she lies at a heavy 89 expense ; that if she does sail by next Friday he must pay eight pounds per day demurrage ; that by information received this day, Capt. Parker will not suffer any vessels to pass him to sea ; that he is of opinion that the vessel he is lading is proceeding such a voyage as that he can obtain permission for her to sail if he can be permitted to go down to Capt. Parker. Mr. Ramadge withdrew. The Congress unanimously agreed that he have leave to go down to Capt. Parker with the port-master, if he is willing to be on oath not to discover any matters that will be prejudicial to the city and Colony. Mr. Ramage called in ; thinks it proper that he should be sworn. Thereupon an oath was administered to him in the words following, to wit : " You swear that you will not, directly or indirectly, give any intelligence concerning the preparations that are making for the defence of this city and Colony, to any per- son on board the ships of war in the harbour ; nor will you carry on board any letter or paper until you have first read the contents and find that it does not contain any in- telligence concerning the same : so help you God." Mr. Smith Ramadge being sworn in Congress, a certifi- cate or passport was given to him in the words following, to wit : " Ordered, That Mr. Smith Rammade be, and he is hereby, permitted to go on board His Majesty's ship Phoenix, and to return, (in company with the port-master) he having been sworn that he will not communicate on board the said ship any intelligence relative to the prepa- rations making for the defence of this Colony, or carry any letters or papers relative thereto." A return of Capt. Westfall and the other officers of his company, to wit : the first company of the first regiment in Dutchess county, was read and filed. Peter Westfall, capt.; Wilhelmus Smith, lstlieut.; Christopher Snyder, 2d lieut.; Abraham Welch, ensign. Ordered, That commissions issue to the gentlemen thereby returned as elected. The Congress then resumed the consideration of a plan for the election of Deputies to form a Provincial Congress to meet when the present Provincial Congress will expire. The same was read, and being again read, paragraph by paragraph, amended, corrected and approved, Ordered, That a fair copy thereof be engrossed by the Secretaries, and that the said plan be again read and taken into farther consideration to-morrow morning. DIE MARTIS, 10 ho. a. m. March 12th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Beekman, Mr. E. Bancker, Mr. Smith, Colo. Lott, Mr. Scott, Colo. McDougall, Mr. Randall, Mr. Roosevelt — New-York. Colo. Allison, Colo. Hay — Orange. Mr. Adrian Bancker, Mr. Lawrence — Richmond. Genl. Ten Broeck, Mr. Yates, Mr. Gansevoort, Colo. Nicoll on ser- vice — Jllbany. Mr. Rea, Mr. Lefever, Colo. Palmer on service — Ulster. Colo. Gilbt. Drake, Colo. Lewis Graham, Mr. Thomas — For West- chester. Mr. Moore — Tryon. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Colo. Ten Broeck, Major Schenk — Dutches. Mr. Polhemius. Mr. Leffertse — Kings. Colo. John Williams — Charlotte. Colo. Wm. Williams — Cumberland. Mr. Gansevort moved, and was seconded by Mr. Yates, in the words following, to wit : " I move that the money arising from the duty of excise in the respective counties of Albany and Tryon, within this Colony, in virtue of an act of the Governor, the Council and the General As- sembly of this Colony, entitled 'An act to lay a duty of ex- 354 JOURNAL OF THE PROVINCIAL CONGRESS. cise on strong liquors in this Colony, and to appropriate the money arising therefrom,' may be appropriated by county committees of the said several counties towards defraying the contingent charges of the said committees, if the said committees respectively shall think proper ; and that a full power be given to the said committees respectively to nominate and appoint commissioners of excise in their re- spective city and counties, with full power to such commis- sioners to exercise the said office, and receive the like rewards as are allowed to the commissioners appointed by the said act ; and that the said commissioners before they enter upon the execution of the powers and authorities vested in them, shall respectively enter into bonds to the chairman of the said committee in the several sums fixed by the said act to the respective counties, and in the same condition." Debates arose on the said motion, and the question being put thereon, it [was] carried in the negative in the manner following, to wit : For the affirmative. For the negative. Albany, 3 Suffolk, 2 Genl. Ten Broeck dissents. New-York, 4 Tryon, 2 Orange, 2 — Ulster, 2 5 Cumberland, 2 Richmond, 2 Kings 2 Charlotte, 2 Westchester, 2 20 Ordered, therefore, That the said motion be rejected. Mr. Hobart then moved, and was seconded by Colo. Allison, in the words following, to wit : " I move that this Congress do resolve that the Treasurer of this Congress be directed to advance, out of any moneys that shall be in his hands, to the several county committees of the counties of New-York, Albany, Ulster, Orange, Dutches, West- chester, Richmond, Kings and Suffolk, or their order, any sums that may be necessary to defray the incidental char- ges of their respective counties, provided the same does not exceed the sum of five hundred pounds ; and that the same shall be laid on each respective county with the first moneys that shall be raised by a Colony tax for the pur- pose of sinking the bills of credit emitted by the Conti- nental and the Provincial Congress." Debates arose on the said motion, and after some time spent therein, Ordered, That the same be committed to Mr. Smith to frame such resolve thereon as he may think will be most agreeable to a majority of Deputies of this Congress. A member informed the Congress that Mr. Foxcroft is under apprehensions that the order of this Congress made yesterday, permitting him to go to the ship Asia for the mail from England, and to bring the same on shore, may be considered as obligatory on him to bring the same on shore, and that he may in the said mail receive instructions from his superior in office, to the contrary. Thereupon, Resolved, That the order of this Congress of yesterday for permitting John Foxcroft, Esqr. to go to His Majesty's ship Asia for the mail from England, was by no means in- tended to be obligatory on that gentleman to do any act contrary to his instructions, or to oblige him to bring the said mail on shore, but only to operate as a permission to him to go on board and return with the said mail if he should think proper. Mr. Randall informed the Congress that a parcel of sol- diers were some time since quartered in the house where Mr. Lambertus De Ronde, one of the ministers of the Dutch church had for some years resided. That at the time the said soldiers were quartered there, Mr. De Ronde had a number of long Holland pipes, some wine, a parcel of Dutch sermons of his own composition, and sundry other articles in the said house which were used or destroyed by said soldiers. t Ordered, That Mr. Randall, Mr. Anthony Rutgers and Mr. Hobart [be a] committee to inquire by whose default Mr.Deronde has suffered such loss, and to what sum his said losses amount in the whole, and that they report with con- venient speed. Mr. Randall from the marine committee, reported the said committee are of opinion on the information received from Mr. Bernard of Elizabeth Town, and from other circum- stances, known to them, that a letter should be immediately written to the Honoble. Continental Congress, request- ing that they order an armed vessel fitted out, to join one from this port for the protection of trade, to cruize between the Capes of Delaware and Sandy Hook, and they had prepared a draft of a letter for that purpose. Thereupon the draft of the letter reported by the marine committee, was read and approved of, and is in the words following, to wit : "In Provincial Congress, ) "New-York, 12th March, 1776. $ " Sir — As we are informed from undoubted authority that Capt. Barker of His Majesty's ship Phoenix, is now fitting out a Barmuda brig of 8 or 10 carriage guns, and a small schooner 4 carriage guns and 40 men for the purpose of intercepting vessels between the Capes of Delaware and Sandy Hook ; and as we have already given orders for the immediate fitting out an armed vessel for the protection of our trade that way ; we think it necessary to acquaint you that such a one from Philadelphia will also be necessary to be immediately ready to meet ours for this purpose, and that she be of such a draft of water as that she may run into Barnegat and Egg Harbour. It is also necessary to be immediately informed by you what your marine committee regulations are respecting the wages, &c. of officers and men, that we may regulate ourselves accordingly. " We are, gent, your very humble servts. " By order. " To the Honble. John Hancock." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Mr. Thomas Buchannan, of the city of New-York, mer- chant, at the door, was admitted at the request of a mem- ber, who had previously mentioned his business. Mr. Buchannan requested permission to go to the ship Phcenix to apply to Captain Parker for permission for a brigantine, belonging entirely to merchants in Glasgow, and bound there, to go to sea. Mr. Thomas Buchannan, having first heard the form of an oath, as entered in the minutes on the eleventh instant, read, was duly sworn in the words therein contained. Ordered, That Mr. Thomas Buchannan be, and he i» hereby permitted to go on board of His Majesty's ship Phcenix, (in company with the port-master,) he having been first duly sworn that he will not communicate on board of any other ships of war in this harbour any intelligence relative to the preparations making for the defence of this city or Colony, nor carry any letters or papers on board re- lative thereto. Daniel Whitehead Kissam, one of the committee of Great Neck and Cow Neck, at the door, was admitted. He in substance informed that Mr. Isaac Sears, with a number of men armed, had been in Queens county impos- ing a very solemn test on sundry of the inhabitants, and amongst others on Capt. Mott, who had signed the asso- ciation, made a public submission and had been restored ; that this measure had created great uneasiness in the county. Mr. Kissam also delivered the following letter from the said committee, which was read in these words following, to wit : [Letter not entered.] The said letter being read, Ordered, That the Secretaries bring to the chamber in the afternoon a printed copy of the late resolutions of Con- tinental Congress relating to tories, or persons disaffected ; and Mr. Kissam was requested to attend again at 6 o'clock in the evening. JOURNAL OF THE PROVINCIAL CONGRESS. 355 Mr. Hobart, from the committee appointed to report a resolution for the procuring of blankets and arms, deliver- in their report, which was read, amended, resolved on and unanimously agreed to, in the words following, to wit : " In Provincial Congress, \ " New-York, March 12th, 1776. J " Resolved, That it be recommended to the committees of the several counties, cities, manors, towns, precincts and districts within this Colony, to purchase for the use of the Continental troops now raising for the defence of the Colony, good and sufficient blankets, at the most reasona- ble prices, not exceeding two dollars for each, and to deli- ver the same to the commanding officer of any company of said troops, who shall apply for them, whose certificate of such delivery shall be a sufficient voucher ; and it is fur- ther recommended to the said committees to purchase good muskets or firelocks, of as large bores as possible, for the use aforesaid, and to deliver them as before directed ; and the committee are hereby desired, with all convenient speed, to send with proper vouchers their accounts to this Congress, or the Committee of Safety, in order for pay- ment. " A true copv from the minutes. "ROBERT BENSON, Secry." Ordered, That the Secretaries get one hundred copies thereof printed by ten of the clock to-morrow morning. Die Martis, 3 ho. P. M. March 12, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Colo. McDougall, Mr. Scott, Mr. Randall, Capt. Rutgers, Colo. Bra- sher, Colo. Lott, Mr. E. Bancker, Mr. Beekman, Mr. Smith — For New- York. Colo. Allison, Colo. Hay — Orange- Mi. Adn. Bancker, Mr. Lawrence — Richmond. Mr. Yates, Genl. Ten Broeck, Mr. Gansevort, Colo. Nicoll on service — For Albany. Mr. Rea, Mr. Lefever, Colo. Palmer on service — For Ulster. Colo. Gilbt. Drake, Mr. Thomas, Colo. L. Graham — Westchester. Mr. Moore — Tryon. Genl. Woodhull, Mr. Hobart, Mr. Gelston— For Suffolk. Colo. Ten Broeck, Major Schenk — Dutches. Mr. Polhemius — Kings. Colo. Jno. Williams — Charlotte. Colo. Wm. Williams — Cumberland. Lieut. Colo. Lewis Graham informed the Congress that Colo. Drake's men and the other troops stationed at Horn's Hook, near Hellgate, lodge in an uncomfortable manner, for want of cribs for their beds, and that it is necessary that a carpenter be sent there to make cribs for their beds. Ordered, That Colo. L. Graham procure a carpenter to go to Horn's Hook to make cribs for the men — one of the company of artificers, if he can be spared, and if not, any other proper carpenter. Mr. Hobart informed the Congress that Major Malcom, who was sent to dismantle the light-house, was returned, and had executed that matter effectually, with the assis- tance of Colo. Geo. Taylor and some of his men ; that Major Malcom found it impossible to take out and save the glass, as well for want of tools as by reason of the time necessary for that purpose, and was therefore obliged to break it ; that Major Malcom had delivered the lamps and oil, two tackle falls and blocks, removed from the light- house, to Colo. George Taylor, and taken a receipt for the same, which was read and filed. " Middletown, March 8th, 1776. " Received from William Malcom eight copper lamps, two tackle falls and blocks and three casks, and a part of a cask of oil, being articles brought from the light-house on Sandy Hook, and which I will deliver to him, or to the order of the Provincial Congress of the Colony of New- York, when called for. " GEORGE TAYLOR, Colonel" Daniel Whithead Kissam, one of the committee of Cow- neck and Greatneck, in Queens county, being examined in Congress, says, that on Saturday last, at the house of Rich- ard Smith, in Herrick's, he met Capt. Jacob Mott ; that the said Mott informed him that he had been apprehended by order of Colonel Sears, and had been sworn ; that this examinant there saw a copy of the oath which was ad- ministered to the said Jacob Mott and others ; that this ex- aminant asked the said Jacob Mott why he did not produce to Colo. Sears his restoration or clearance from the Con- gress ; that the said Jacob Mott said he had offered to show it to Mr. Sears, but that he would not look at it ; that the examinant has been informed by James Cornell, Francis Davenport and Jonas Vallentine, severally, that they had been sworn ; that Mr. Sears had with him, as he was informed, a number of armed soldiers, and that the said soldiers brought up the people to be sworn ; that the committee of Cowneck and Greatneck are much dissatis- fied at this proceeding, and think there is no safety ; that the people of Hempstead, and at the south side, whom he has conversed with, are distressed, and that he is of opi- nion that such proceedings tend to convert whigs to be to- nes. Mr. Kissam withdrew. Mr. Randall thereupon moved, and was seconded by Mr. Yates, that Mr. Sears be requested to attend this Congress and inform by whose order he undertook and transacted the said matters in Queens county. Debates arose on the said motion and a considerable time and considerable time spent therein, the farther con- sideration thereof is postponed 'till to-morrow morning. The Congress then proceeded to read the proposals for entering into contracts for the maintenance of the Conti- nental troops in this Colony ; and also a letter on that sub- ject from Curtenius and Elting, and another letter relative thereto from Abraham Livingston. After having heard the whole read, and some time spent therein, the farther consideration thereof is postponed for the present. The Congress adjourned to 10 o'clock to-morrow morn- ing. DIE MERCURII, 10 ho. a. m. March 13th, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, President. Mr. Randall, Mr. Beekman, Colo. Lott, Mr. Van Zandt, Mr. Roose- velt, Mr. Evert Bancker, Mr. Rutgers, Capt. Rutgers, Colo. McDou- gall, Mr. Smith, Mr. Scott— For New-York. Mr. Polhemus — Kings. Colo. John Williams — Charlotte. General Ten Broeck, Mr. Abraham Yates, Mr. Gansevoort, Colo. Nicoll on service — Albany. Mr. Rhea, Mr. Lefever, Colo. Palmer on service — Ulster. Colo. Allison, Cblo. Hay — Orange. Mr. Adn. Bancker — Richmond. Colo. William Williams— Cumberland. General Woodhull, Mr. Hobart, Mr. Gelston— Suffolk. Colol. Ten Broeck, Mr. Schenk, Gilbt. Livingston on service— Dutchess. Mr. Paulding, Colo. Gilbert Drake, Colo. Lawr. Graham, Mr. Tho- mas — Westchester. Mr. Moore — Tryon. Colonel McDougall delivered in an account current of sundry sums of money by him advanced to messengers and expresses, for sloop hire, and to printers for services on the public account, and for the use of the Colony, which was read and filed. The receipts and vouchers attending the said account and therein referred to, were read. By the said account cur- rent and vouchers it appears that a balance of one hundred and eleven pounds six shillings and one penny halfpenny is due thereon to Colo. McDougall. Therefore, Ordered, That Peter Van Brugh Livingston, Esq. as Treasurer of this Congress, pay to Colo. McDougall one hundred and eleven pounds six shillings and one penny 356 JOURNAL OF THE PROVINCIAL CONGRESS halfpenny, in full for the balance of that account, and take his receipt for the same. A draft of resolution for the loan of moneys to the coun- ty committee of each respective county, was read. Being again read, paragraph by paragraph, Mr. Smith moved, and was seconded by Captn. Rutgers, that the words " and making such allowances to the Deputies in the Provincial Congress, as the respective county committees shall judge proper," be obliterated. Debates arose on the said motions, and the question be- ing put thereon, it was carried in the negative, in manner following, to wit : For the negative. For the affirmative. Every county present except New-York — 4 votes. New-York— 23 votes. Colo. McDougall, Mr. Ad. Rutgers, dissenting. Therefore, the same being resolved on and agreed, was ordered to be entered in the minutes in the words follow- ing, to wit : Whereas the several county committees in this Colony may have occasion to borrow money to enable them to defray the contingent charges they are or may be put to in support of the cause of the United Colonies against the iniquitous attempts of the British ministry and parliament to enslave this Continent : And whereas the imposition of taxes on the inhabitants of this Colony, to enable the county committees to pay the said contingent charges may be very inconvenient at this time ; this Congress from an earnest desire to encourage the friends to liberty in sup- porting the common cause, do Resolve to advance on loan out of the Colon)' Treasury to each county committee a sum of money not exceeding the sums following, for the purpose of paying the charges aforesaid, and of making such allowances to the Deputies in Provincial Congress as the respective county committees shall judge proper : that is to say, to the city and county of New-York the sum of twelve hundred pounds, to the city and county of Albany the sum of eight hundred pounds, to the county of Suffolk the sum of four hundred and sixty pounds, to the county of Richmond the sum of one hundred and twenty-nine pounds, to Kings county the sum of two hundred pounds, to the county of Ulster the sum of three hundred and sixty pounds, to the county of Orange the sum of two hundred pounds, to the county of Westchester the sum of four hundred and thirty pounds, to the county of Tryon the sum of four hundred pounds, to the county of Cumberland the sum of one hundred pounds, to the county of Charlotte the sum of one hundred pounds, to the county of Dutches the sum of four hundred and twenty pounds ; and it is understood that the sums of money which several of the counties had already received out of the Treasury for their particular purposes, shall be deducted by the Treasurer out of the respective sums al- lowed to such county in the foregoing resolutions, and that the security given for such sums be delivered up. And it is Resolved and Ordered, That Peter Van Brugh Living- ston, Esquire, Treasurer of this Congress, shall and do pay to the chairman of each respective county committee in this Colony, such sum or sums of money as the said committees shall from time to time apply for to discharge the contingent charges aforesaid of eacli respective county, provided the sum or sums of money so applied for, shall not in the whole amount to more than the sum herein be- fore allotted to each respective county, and that an order of each respective county committee, signed by the chair- man, and attested by the clerk of the said committee, with a receipt from the person in whose favour such order shall be drawn, shall be to the said treasurer a sufficient voucher for the amount of the said order. And it is further Resolved, That each respective county in this Colony shall stand charged, and be accountable to the Treasurer of this Congress for such sum and sums of money as the said Treasurer shall advance to each respective county commit- I tee pursuant to the foregoing resolutions. And that the same shall be raised and repaid into the treasury of this Congress by tax or assessment on the inhabitants of each respective county, when thereunto required by this or any future Congress of this Colony. The Congress then proceeded to consider of a plan for constituting a Committee of Safety during their next intend- ed adjournment, and to settle the powers of the said com- mittee. A part of the draft of the said plan was read, and that part of the said plan which forms the constitution of the said Committee, and the first fifteen powers given to the said Committee were read, paragraph by paragraph, and agreed to, except by Colo. McDougall, Mr. Rhea, Mr. Hobart and Mr. Moore, who dissented to, and disapproved of, the constitution, or method of forming the said Commit- tee, and that their dissent may be entered. Messrs. Scott, Hobart and McDougall, informed the President that they had received a message from a gentle- man, requesting to see them on some matters of public importance. They, thereupon, with leave withdrew to re- turn without delay. Ordered, That Colo. McDougall, Mr. Yates and Mr. Hobart be a committee to consider what manufactures may be necessary for the convenience and defence of this Co- lony, and to report thereon with all convenient speed. Messrs. Scott, Hobart and McDougall returned, and re- ported it was Lord Stirling who had sent the message, upon which they had obtained leave to go out of the Con- gress ; that Lord Stirling, as commander of the forces here, had received a letter by order of General Washing- ton, from Stephen Movlan, his aid-de-camp, informing that the ministerial army are embarking from Boston, and that his Excellency has good reasons to imagine that New-York will be the place of their destination ; that the said letter was also accompanied with a copy of an application of the select men of the town ; that Lord Stirling had by them sent those papers to this Congress, and requested that they might be returned to him. The said letter was read, and is in the words following, to wit : " Cambridge, 9lh March, 1776. " Sir — I have it in command from his Excellency Ge- neral Washington, to inform you that in consequence of his determination to possess himself of the height at Dor- chester, a cannonade and bombardment was begun on Saturday night last on the town of Boston, continued on Sunday night, and Monday night a vast number of shot and shells were thrown into the town under the cover of which the intended purpose was effected. On the enemy perceiving next morning that we had taken post, they were all hurry and bustle, embarking their troops, as was expect- ed and wished for, to attack us, but the violent storm which came on that day prevented them and disappointed us, who were prepared to give them a warm reception. The pos- session of these heights are preparatory to our forming a fort upon Nook's Hill, which commands the south of Bos- ton, and to which their shipping will be much exposed. This they seem to be well aware of, and are now making every preparation for moving off. Captain Erwin es- caped from town the night before last, assures us that this is their intention ; it is corroborated by a message from the select men in that town to his Excellency, a copy of which you have enclosed. " These informations will not prevent the General from proceeding in his advances to the town, so that if they do not move off he is determined to force them to a battle, or make that town so hot that they will have but little rest therein. His Excellency has good reasons to imagine that New-York will be the place of their destination ; he there- fore desires that you will exert yourself to the utmost in preparing for their reception. He has ordered the armed schooners to be in readiness to attend their motions, and give the earliest intelligence of the course they steer, by which intelligence his motions will be governed ; if they steer west you may expect a large reinforcement from this JOURNAL OF THE PROVINCIAL CONGRESS. 357 army, and in all probability the main body will soon follow. You will please to communicate this to the Provincial Con- gress or Convention, who the General doubts not will co- operate with you in using every endeavour to prevent their forming a lodgment before his Excellency can come or send to your assistance. The fate of America depends upon this campaign, and the success of this campaign will a good deal depend upon your exerting yourselves with vi- gour upon this occasion. " I have the honor to be, " Sir, your most obdt. h. servt. " STEPHEN MOYLAN, A. D. C. "To the Commanding Officer of the American forces, New- York." "As his Excellency General Howe is determined to leave the town with the troops under his command, a number of the respectable inhabitants being very anxious for its pre- servation and safety, have applied to General Robertson for this purpose, who, at their request, has communicated the same to his Excellency General Howe, who has assured him that he has no intention of destroying the town, unless the troops under his command are molested during their embarkation, or at their departure, by the armed force without ; which declaration he gave General Robertson leave to communicate to the inhabitants. If such an oppo- sition should take place we have the greatest reason to ex- pect the town will be exposed to entire destruction. As our fears are quieted with regard to General Howe's inten- tions we beg we may have some assurances that so dread- ful a calamity may not be brought on by any measures without. " As a testimony of the truth of the above we have signed our names to this paper, carried out by Messrs. Thomas and Jonathan Amory and Peter Johannot, who have, at the earnest entreaties of the inhabitants, through the Lieute- nant-Governor, solicited a flag of truce for this purpose. "JOHN SCOLLAY, "TIMOTHY NEWELL, "THOMAS MARSHALL, " SAMUEL AUSTIN. " Botton, March 8th, 1776." Ordered, That the Secretaries keep copies of the letter of Stephen Moylan and of the application of the selectmen of Boston, and that they return the original letter and the copy received from Lord Stilling with all possible despatch. Mr. Scott informed the Congress that Lord Sirling re- quests that a committee of this Congress may be appointed to confer with him on sundry matters relative to the de- fence of this city and Colony. Ordered, That Mr. Scott, Mr. Randall, Colo. McDou- gall, Capt. Rutgers, Mr. Smith and Mr. Hobart be a com- mittee of this Congress to confer with Lord Stirling, and that they report the result of such conference with all con- venient speed. The Congress conceiving that the intelligence received from Cambridge renders it necessary to have a magazine of provisions immediately laid in store, Ordered, That Colo. Gilbt. Drake repair immediately to Westchester county and purchase 1,200 bbls. of the best pork, and have the same safely stored, agreeable to the re- solves of this Congress of the ninth day of March instant ; that he take with him from New-York a sworn inspector and repacker of pork, to inspect and repack the same ; and that he purchase and store, at the cheapest rate in his power, flour sufficient for the use of five thousand men for a month. Die Merctjrii, 4 ho. P. M. 13th March, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. Captain Denning, Mr. Sands, Mr. Beekman, Colo. Lott, Mr. Evert Bancker, Mr. Hallett, Mr. Rutgers, Mr. Scott, Colo. Brasher, Mr. Roosevelt, Mr. Van Cortlandt, Mr. Van Zandt— New-York. Mr. Covenhoven, Mr. Polhemus, Colo. Van Brunt— Kings. Mr. Abraham Yates, Mr. Gansevort, Colo. Nicoll on service, General Ten Broeck— Albany. 90 Mr. Rhea, Mr. Lefever, Colo. Palmer on service— Vltter. Colo. Ten Broeck, Major Schenk — Dutchess. Mr. Adn. Bancker, Mr. Lawrence— Richmond. Genl. Woodhull, Mr. Gelston, Mr. Hobart— Suffolk. Col. Allison, Col. Hay — Orange- Colo. Lawr. Graham, Colo. Gilbert Drake, Mr. Paulding— West- chester. Mr. Moore— Try on. Colo. John Williams — Charlotte. Colo. Wm. Williams — Cumberland. A letter from Major-General Schuyler, dated the 6th day of March instant, was read and filed, and is in the words following, to wit : " Sir — I take the liberty to remind you of the necessity of forwarding, without the least delay, the naval stores which I did myself the honour to request of you in my for- mer letters. A heavy rain has fallen within these two days, and broke up Hudson's river as far down as Halfmoon; a few warm days I hope will clear the river of ice, in all its extent. Please to order up ten sets of pump boxes. I fear it will be impossible to find clothing at this place for Colo. Van Schaick's regiment ; I wish, therefore, that what can be procured may be sent up the soonest poosible. " I am, sir, with esteem and respect, " Your most obedient humble servant, "PH. SCHUYLER. " Albany, March 6, 1776. " To Colo. Woodhull, President, &c." Ordered, That Colonel Curtenius, as a Commissary, procure ten sets of pump boxes and forward them to Ge- neral Schuyler with all possible despatch. Francis Lewis, Esquire, a Delegate for this Colony in Continental Congress, informed this Congress that the sub- ject of commissionating private ships of war and letters of marque, was in contemplation in Congress, and that the Delegates for this Colony requested the sense of this Con- gress relative thereto. Congress took the same into consideration and agreed that it is the opinion of this Congress that such a measure is very right and proper, and Mr. Lewis was informed of the same, and requested to inform the other Delegates of their opinion in this particular. A letter from Captain Daniel Denton, relative to his company raised for the Continental service, and now ready for duty, was read and filed, and is in the words following, to wit : " New-York, nth March, 1776. " Gentlemen — Having received a warrant from your honourable House for the purpose of enlisting a company of men in Orange county, to act in one of the four bat- talions raising within this Province, for the service of the United Colonies, beg leave to inform you that I have my company complete as to number, and that I have enlisted a number of genteel young fellows out of reputable fami- lies, who would choose to clothe themselves entirely, receive the value of some things proposed to be given them, such as hats, shoes, stockings, &c. in cash, and beg your indul- gence in that respect. Some of the men would willingly find their own guns, if they are not already provided, but the most of them are without that article. I am now in town waiting the direction of Congress. " I am, respectfully, gentlemen, " Your most obedient humble servt. "DANIEL DENTON. " To the Honourable Provincial Congress for the Colony of New-York." Ordered, That Capt. Denton be informed, that such men in his company as will provide themselves with any articles promised to be furnished to the troops by Congress at public expense, shall be allowed for the same the prices fixed by the Continental Congress, and that Captain Den- ton be requested to inform his men, that by the terms of enlistment they are to provide their own arms and accou- trements. A letter from Robert Livingston, Esquire, offering to the 358 JOURNAL OF THE PROVINCIAL CONGRESS. public the use of his furnace and hands, to cast cannon for the defence of the country, was read and filed, and is in the words following, to wit : " Manor Livingston, 2d March, 1776. " Sir — I did myself the honour to answer your letter of the 25th. I answered on the 5th Feby. and sent it by my cousin, Gilbert Livingston, who promised me to deliver it, advising that my furnace would be ready to begin her blast early in April, and that the Committee should be very wel- come to have the use of her, with all my stock and hands, to cast guns, or any other implements of war, provided they could procure proper and skilful men who understood the casting and moulding of them, for that I had none about my works. Since which 1 have received no answer. Am now to inform you that the time draws near that we must cut the hearth and put it in, which possibly may not suit the casting of great guns, as we shall do it in such a manner as to suit our business. Wish to have your an- swer before the 1 5th current, that I may know how to con- duct myself. " Am, sir, your most humble servt. "ROBT. LIVINGSTON. " Mr. Joseph Hallett." The Congress took the said letter into consideration, and considering that cannon are already making in another Co- lony for the Continental ships of war, and that it is not probable any other cannon would be cast in this Colony than the few additional cannon that may be wanted for its own defence, and that they have not proper artificers now remaining in the Colony, for that business, are of opinion that it will not be proper to accept of Mr. Livingston's ge- nerous offer, as it may do him a very great injury. Ordered, That Colonel Brasher prepare and report a draft of an answer to Mr. Livingston's said letter. A draft of an answer to the letter of Robert Livingston, Esqr. was read and approved of, and is in the following words, to wit: " In Provincial Congress, > " New-York, 13th March, 1776. i " Sir — This day your letter of the 2d instant came to hand. After returning you our thanks for the offer you have made us of your furnace, for the purpose of casting artillery, we beg leave to inform you that we conceive the season of the year is too far advanced to admit of our send- ing up a proper person determining whether your furnace is so constructed and situated as to answer the end we had in view. The Committee of Safety have informed us that in your first letter, in answer to theirs, you had some doubts on that head. When the Committee of Safety wrote to you, it was from an apprehension that heavy ar- tillery might be wanted; since which, you have doubtless been informed of the manner on which a supply has been obtained. To alter your works only for the purpose of procuring a few pieces of cannon, if it were practicable, would not be worth while. To desire it on our part, would be injurious to you, and inconsistent with the high sense we entertain of your attachment to the rights of your coun- ty- " We are, sir, with great esteem, " Your most humble servts. " By order. " Rodt. Livingston, Esqr." Ordered, That a copy thereof be engrossed, and signed by the President, and be transmitted. A long letter from Colo. Abraham Hasbroock, at King- ston in Ulster county, alleging that he is superseded in his rank as an officer in the militia, was read and filed. Another very long letter from said Colo. Abraham Has- broeck, Johannes Snyder and the other gentlemen lately appointed to be field and staff officers of the northern re- giment in Ulster county, and covering all the field and staff officers of that regiment, was also read and filed. The gentlemen who wrote the last above mentioned let- ter, amongst many other childish reasons therein contained for returning their commissions, have assigned the two following as the principal. First : As they are called offi- cers of the northern regiment of Ulster county. And se- condly : That their commissions bear test on the date pos- terior to the date of many of the inferior officers of their regiment. The said letters and commissions having been received by the post, Ordered, That Mr. McKesson pay the postage, 15s. lOd. The Congress then proceeded further to consider of and determine the powers of the Committee of Safety ; and beginning with the sixteenth power as hereinafter contain- ed, the whole residue of the powers of the said commit- tee were read through, amended and approved of. There- upon, Ordered, That the same remain and be taken into fur- ther consideration the first convenient opportunity. The committee appointed this morning at the request of Lord Stirling, to confer with him on matters relative to the protection and security of this city and Colony, re- turned. The said committee delivered in a report con- taining, 1st. An account of several measures already taken by his Lordship as commanding officer of the Continental forces in this city, for the security and defence thereof. 2dly. A draft of sundry resolutions proposed by the com- mittee, as necessary to be entered into and carried into execution by this Congress for the safety and defence of this city and Colony. The second part of the said report was read, and being again read by paragraphs, and sun- dry amendments therein made, the same was ordered to remain for farther consideration. DIE JOVIS, 10 ho. a. m. March Uth, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Sands, Col. Lott, Capt. Rutgers, Mr. Rutgers, Capt. Denning, Colo. McDougall— For New-York. Colo. Allison, Colo. Hay — For Orange. Mr. Adn. Bancker— Richmond. Mr. Yates, Genl. Ten Broeck, Mr. Gansevoort, Colo. Nicoll on service — For Jllbany. Mr. Rea, Mr. Lefever, Colo. Palmer on service— For Ulster. Colo. Lewis Graham, Mr. Paulding — For Westchester. Mr. Moore — Tryon. Genl. Woodhull, Mr. Gelston -For Suffolk. Colo. Ten Broeck, Major Schenk, Colo. Morris Graham — For Dut- ches. Mr. Polhemius, Lt. Colo. Covenhoven, Colo. Van Brunt — Kings. Colo. John Williams — Charlotte. The bond of John R. Livingston, Esqr. and his securi- ties was read and filed, and is in the words following, to wit : " Know all men by these presents, that we, John R. Li- vingston of Rhinebeck precinct, Dutchess county, and Pa- trick Dennis and John Dawson of the city of New-York, merchants, are held and firmly bound unto Isaac Roose- velt, Nathaniel Woodhull, Abraham Yates, Junr. John Thomas, Junr. Petrus Ten Broeck, John Haring and Ja- cobus Bruyn, and the survivor or survivors of them, in the sum of two thousand pounds current money of New-York, to be paid to the said Isaac Roosevelt, Nathaniel Wood- hull, Abraham Yates, Junr. John Thomas, Junr. Petrus Ten Broeck, John Haring and Jacobus Bruyn, or the survivor or survivors of them, sealed with our seals. Dat- ed the fourteenth day of March, one thousand seven hun- dred and seventy-six. " Whereas the Provincial Congress of the Colony of New-York, pursuant to a resolution of the said Congress, have lent to the above bounden John R. Livingston, the sum of one thousand pounds for two years from the date hereof JOURNAL OF THE PROVINCIAL CONGRESS. 359 without interest, as an encouragement to him to erect a powder mill in such place in Dutchess county as the ge- neral committee of the said county shall approve of : Now therefore, the condition of the above obligation is such that if the above bounden John R. Livingston does within three months from the date hereof erect a powder mill of the best quality in such place in Dutchess county as the general committee of the said county shall approve of; and also if the said John R. Livingston does well and truly repay the said sum of one thousand pounds so lent as aforesaid, unto the above named Isaac Roose- velt, Nathaniel Woodhull, Abraham Yates, Junr. John Thomas, Junr. Petrus Ten Broeck, John Haring and Jacobus Bruyn, or the survivor or survivors of them within two years from the date hereof, then the above obli- gation to be void ; but on failure or non-performance of any or either of the above conditions, to be and remain in full force. " JOHN R. LIVINGSTON, [l. s.] "PATT. DENNIS, [l. s.] " JOHN DAWSON, [l. s.] Sealed and delivered in the presence of " Abm. Lott. " Thomas Jones." John R. Livingston, Esqr. having given bond with secu- rites to Isaac Roosevelt, Nathaniel Woodhull, Abraham Yates, Junr. Esqrs. and the other gentlemen named in the order of this Congress of the ninth instant, and contract- ed to build a powder mill within three months, agreeable to the said resolution. Therefore, Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, advance to John R. Living- ston, Esqr. the sum of one thousand pounds and take his receipt for the same. The Congress agreed that Colo. Drake permit four men in his regiment enlisted with Capt. Lieut. James Moore in his artillery company, to go into that service. A certificate of Stephen Badlam, capt. of artillery, was read and filed. He thereby certifies that he has examined Alexander Hamilton, and judges him qualified to command a company of artillery. Ordered, That the said Alexander Hamilton be, and he is hereby, appointed captain of the Provincial company of artillery of this Colony. Ordered, That Mr' James Gilleland be, and he is here- by, appointed second lieutenant of the Provincial company of artillery of this Colony. The Congress considering that it will be necessary to have some gentleman appointed statedly to pay the Pro- vincial artillery company of this Colony, were of opinion that Colonel [McDougall] would be proper for that ser- vice. Colo. McDougall, present, agreed to undertake that service. Therefore, Ordered, That Colonel McDougall pay the artillery com- pany of this Colony, as their [pay] shall become due, until farther order of this Provincial Congress or their Commit- tee of Safety. The petition of David Shaddell, setting forth his poverty and the injury he received on the eighteenth ultimo in re- moving the cannon from the Battery, and praying for some relief and assistance, was read. Ordered, That Doctor John Charlton for the present take charge of and attend the cure of David Shaddell's hand and arm, and that he report to this Congress the cir- cumstances of the said David Shaddell. The Congress were informed by a member, that the workmen employed in unspiking the cannon on the green in this city, are so negligent in that business that it is ne- cessary to set a guard over them to keep them at work. Therefore, Ordered, That Lord Stirling be authorized, and he is hereby authorized, to command as many blacksmiths, or other fit persons who are acquainted with drilling cannon, as he may think proper, to open the cannon in this city, and place a guard over them to keep them at work, until the said cannon are unspiked, except for such time as shall be necessary for their proper refreshment. A draft of a letter to the county committee of Ulster to at- tend six blank commissions, to be by the said committee fil- led up for the field or staff officers for the first, or northern regiment of the same county, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, March Uth, 1776. \ " Gent. — We have now under consideration the subject of two letters received from Coll. Hasbrook respecting the regiment of militia in your county which he was commis- sioned to command. There appears to be a great dissat- isfaction among the field officers, and the colonel declines serving, by reason of your altering the name of his regi- ment, and our appointing George Clinton, Esqr. brigadier- general of the militia of Ulster and Orange counties. You cannot be ignorant of the multiplicity of business before us, and the impropriety of an application to us upon that subject, as we have, by a letter dated the 22d Decem- ber last, referred the settlement of that matter entirely to you. The reason of this step must be obvious to you when you reflect that it is impossible for us to judge of the qualification of any person in your county. We beg you will accommodate this difference, and that you may not be under the necessity of applying to Congress on the sub- ject, we enclose you six blank commissions, which you will please to fill up for such persons as you conceive best qualified, being previously assured that the person you ap- point will serve, and that his political sentiments are friendly to American liberty. " We are, yours respectfully, " By order. " To Jacobus Bruyn, Esqr. Chairman of Committee of Ulster county." Ordered, That a copy thereof be engrossed, signed by the President, and transmitted, and that six commissions be signed by the President, and countersigned by one of the Secretaries, and enclosed therein. A copy of the examination of Craigg was brought into the Congress by Mr. Robert Benson, who, by order, had called on Lord Stirling and had taken a copy from the original, which was taken by his lordship. The said copy of the examination was read and filed, and is in the words following, to wit : " Craig, lately a soldier in the first regiment of Yorkers, declares that he was employed by one Vernon, a hatter, of this city, to rig out a sloop the said Vernon had lately purchased, by order of Govr. Tryon, to be employ- ed by the Governor as a tender or cutter, and occasionally to cruise in the North and East rivers ; that the said Ver- non was to be supplied by the said Governor with swivels for the said sloop ; that the said Craig went on board (with the said Vernon) of the Dutchess of Gordon, and there conversed with the Governor and with the Attorneys- General Kempe and Skinner, who urged him to be active in procuring as many men as possible, not only for the said sloop, but for the Asia and other men of war soon expect- ed here ; that above 50 or 60 soldiers now in town, in the Continental service, were engaged by the said Vernon for the service of the ministry." Ordered, That Colo. Hay and Colo. Morris Graham be a committee to go to Thomas Vernon and take his exami- nation, and report the same with all convenient speed. A letter or memorial from Jacob Bamper was read and filed ; he thereby requests a captain or lieutenant's com- mission in the Continental service. Ordered, That the member of King's county who brought in the said letter inform Mr. Bamper that there is not any vacancy. Die Jovis, 4 ho. P. M. March Uth, 1776. The Congress met pursuant to adjournment. Present— Brigadier-General Woodhull, President, 360 JOURNAL OF THE PROVINCIAL CONGRESS. Colo. McDougall, Colo. Lott, Mr. Randall, Mr. Sands, Mr. E. Bancker, Capt. Rutgers, Mr. Hallett, Mr. Van Cortlandt, Capt. Denning— For New- York. Mr. Paulding, Colo. Lewis Graham — Westchester. Mr. Moore— Tryon. Mr. Yates, Genl. Ten Broeck, Mr. Gansevort, Colo. Nicoll on duty — For jilbany. Col. Ten Broeck, Major Schenk — Dutches. Colo. Allison — For Orange. Mr. Polhemus — Kings. Colo. John Williams — Charlotte. Genl. Woodhull, Mr. Hobart, Mr. Gelston— For Suffolk. Mr. Rea, Mr. Lefever, Colo. Palmer on service — Ulster. Mr. Ad. Bancker — Richmond. Colo. Wm. Williams — Cumberland. The several proposals for victualling the Continental troops in this Colony were read, and referred to Mr. Ran- dall, Mr. Hallett, Mr. Paulding and Mr. Sands as a com- mittee to report thereon with all possible speed. The committee above mentioned reported, that the pro- posal of Mr. Abraham Livingston for contracting for the Continental troops in this Colony is the lowest and most advantageous. Therefore, it is Resolved and Agreed, That his proposals be accepted, and that a letter be wrote to the Continental Congress, in- forming that honourable body of the terms on which the said troops can be supplied with rations. Ordered, That Hamilton Young be, and he is hereby, permitted to go on board of His Majesty's ship Asia, or the packet, in company with the port-master, to receive his letters, he having first been duly sworn that he will not communicate on board of the ships of war, or any of the other ships in the harbour, any intelligence concerning the preparations making for the defence of this city and Colony, or carry any letters or papers relative thereto, or giving any intelligence concerning the same. Mr. Sands and Mr. Hallett are appointed a committee to view such letters as Mr. Young brings on shore, before they be delivered. It was represented to Congress that Captain Daniel Denton, of Orange county, has his company full and ready for service ; that Lord Stirling has ordered him, with his company, to New-York ; and that he is in necessity for some money to pay the wages due to his men, that they may furnish themselves with some necessaries. Ordered, That Peter Van Brugh Livingston, Esquire, as Treasurer of this Congress, advance to Captain Daniel Denton the sum of sixty pounds on account in part of the - pay of his company, and take Captain Denton's receipt for the same, Captain Denton to be accountable for that sum paid him on account for his company. A permit was given to the port master to carry on board of the ships Phoenix, Packett, Asia and Dutchess of Gordon a great number of articles, mentioned in a memorandum delivered in by the port master and filed ; he was also per- mitted to carry on board, for the use of the ship Asia, cer- tain quantities of provisions and other articles specified in a list or memorandum of Abraham Lott, contractor, and endorsed on the back of the port master's memorandum, rum excepted. A letter from Abraham Livingston, Esquire, was read and filed ; thereby informs that he has received a deputa- tion from Walter Livingston, Esqr. in the department of Commissary-General to furnish all Continental troops in this part of the Colony with provisions, and that he will continue to act on that appointment until further order, or some contract made for supplying the said troops. A letter from the committee of Essex county, in New- Jersey, on the subjects of the pay and provisions, &c. of their militia, ordered into this Colony by Lord Stirling, was read and filed, and is in the words following, to wit : " Newark, March 14, 1776. " Sir — The Earl of Stirling last night requested of the county of Essex the assistance of three or four hundred men, to march to New-York as soon as possible. We think proper to inform you of it, and also that we have agreed to comply with the request, provided it be agreea- ble to the Provincial Congress of New-York. You will therefore be kind enough to let us know by the bearer the sense of the Congress about it. We have given orders for the men to be raised immediately, and they will be ready to march by to-morrow, or next day at farthest. The Con- gress is desired also to inform us how the men are to be provided for, and by whom to be paid, and when quarters and provisions will be ready for them. Three hundred men are ordered to [be] raised in this county. " I am, sir, your most humble servt. "WM. BURNET, Chairman. " To President of Congress, New- York." A draft of a letter in answer to the committee of Essex county, in New-Jersey, was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, March Wh, 1776. $ " Sir — I have communicated to Congress your favour of this day, and am directed to inform you that they ap- prove of the requisition made by the Earl of Stirling. The Congress have a grateful sense of the readiness your peo- ple manifest to comply with his request. Quarters will be provided for your troops, but we wish them to bring a quarter-master with them. An assistant to the Deputy Commissary-General will furnish them with provisions. Who shall pay the troops is a question to be determined by the Continental Congress. When our aid shall become necessary to our neighours we shall cheerfully give it, and put this question on the same issue. " I am, sir, your very humble servant. " To Wm. Burnet, Esqr. Chairman of the Committee of the town of Newark." Ordered, That a copy thereof be engrossed, and sign- ed by the President, and transmitted by the bearer from New Ark, in waiting. The Congress then proceeded to take into farther con- sideration the report of the committee who conferred with Lord Stirling on the 13th instant, on the measures neces- sary to be taken for the defence of this city and Colony. The said report being read, and again read, by paragraphs, and those parts of it that remain to be carried into execu- tion, corrected, amended, resolved on and unanimously agreed to, is in the words following, to wit : " Regulations agreed to for the defence of the city of New-York between Lord Stirling, general of the Conti- nental, and a committee of the Provincial Congress of the Colony of New- York. " Lord Stirling has already ordered Colo. Dayton, with the third regiment of the New- Jersey troops, and also six companies of the second battalion of the Pennsylvania troops, immediately to proceed to this city. " He also wrote to the chairmen of the committees of six counties in New-Jersey to send at least 300 picked men, well accoutred, from each, and has informed the Pre- sident of the New-Jersey Congress of the intelligence re- ceived from General Washington concerning the embarka- tion of the Ministerial troops at Boston, and requested him to give us all possible assistance, on the supposition that the troops are destined hither. He has also ordered all the artillery to be put in the best order possible. " Lord Stirling informed the committee of the arrival of a quantity of powder in this city, and that another quantity is soon expected, both directed by the Continental Con- gress for the service of the army at Cambridge. It is agreed that the forwarding of the said powder be deferred 'till further order of the Continental Congress, and that an express be immediately despatched to them by Lord Stir- ling on the subject. " 1st. Resolved and Ordered, That all the male inhabi- tants, capable of fatigue, be immediately employed on the fortifications of this city, and as well all the negro men in JOURNAL OF THE PROVINCIAL CONGRESS. 361 the city and county of New-York, in the manner hereinaf- ter mentioned, to wit : " That the commanding officer of each corps draw out one-third of his respective corps, and also one-third part of all the male inhabitants, capable of fatigue, within the dis- tricts or beats of the militia whereof he is the commanding officer, to parade in the common at nine o'clock to-morrow morning, without arms, but provided with as many in- trenching tools as they are possessed of ; and that they take care to have one-third of all the negro men in their respec- tive districts turned out, provided in the same manner ; that they continue to have the third part of their respective corps, and one-third part of all the male inhabitants capa- ble of fatigue, and also one-third part of all negro men within their respective beats, turned out every day, and so on, from day to day, to work on the said fortifications until further ordered ; that the commanding officer of each re- spective corps, for the time being, on any fatigue or day of labour, may receive an able bodied hired man in the place of any other person, or any servant or slave in the place of his master, when it is not the proper tour of labour or duty of such hired man, servant or slave. " 2dly. Resolved, That it be recommended to the gene- neral committee of New-York to make immediate report of all the provisions and bar iron in town, to prevent the exportation of either of those articles from the city and county of New- York, 'till further order of this Congress or the Committee of Safety, except such provisions as the sub-committee of the city of New-York have or may have given permits for before the receipt of this resolve, of which the said sub-committee are at liberty to permit to be ex- ported, but from the city of New-York only, and agreea- ble to the permits they have already given, if they think proper. " 3dly. Resolved, That Doctor John Jones and Doctor Treat, are hereby authorized to purchase all the hospital medicines and stores, and apparatus in this city, which they shall think necessary in the premises, and that they make report of their doings to this Congress or the Committee of Safety ; and that they take the direction and disposition of the hospital stores in the possession of Mr. Commissary Curtenius. " 4thly. Resolved, That the Provincial Congress issue immediate orders to the committee of Kings county to or- der the inhabitants of that county to give assistance in fa- tigue to Colo. Ward, thereby turning out for the service as many of the male inhabitants, negroes included, every day to work at the fortifications in that county, as the commit- tee of that county and Colonel Ward shall think necessary ; and that they take with them their spades, pick axes, sho- vels and hoes, &c. to begin to work on Friday next, and they be under the like regulations, as to the number of offi- cers, pay and provisions as to the militia of the city of New-York. " 5thly. Resolved, That the marine committee be and are hereby empowered to take the directions and management of keeping proper look-outs, and by proper persons, to dis- cover any number of ships on the coast, or approaching, or entering Sandy Hook ; and that every committee, officer and person in this Colony give them any necessary aid for that purpose which the said marine committee may require. " 6thly. Resolved and Ordered, That the colonels of the regiments in Orange county, on the south side of the mountains, do draft out of their regiments at least one hun- dred men, in the following proportions, to wit : 65 privates out of Colonel Hay's regiment, and 35 privates out of Colonel Lent's regiment, and as many more men out of these two regiments as will turn out volunteers for that service, to be immediately sent to this city, armed and ac- coutred in the best manner possible, who shall be entitled to receive the same pay and provisions as the other Conti- nental forces in this Colony. "7thly. Resolved and Ordered, That Colonel Joseph Drake and Colonel Thomas Thomas, of Westchester 91 conuty, do draft out of their regiments 200 men, in the fol- lowing proportions, to wit : Two companies of 65 privates each, besides the captains and other inferior officers, out of Colonel Joseph Drake's regiment, and one company of 65 privates, with the captain and other inferior officers, of Co- lonel Thomas' regiment, and as many more men out of those two regiments as will turn out volunteers for that service, to be immediately sent to the city of New-York, armed and accoutred in the best manner possible, and to be joined to Colonel Samuel Drake's regiment, and to receive the same pay and provisions as the other Continental forces in this Colony. " 8thly. Resolved and Ordered, That the respective commanding officers be directed, pursuant to the regula- tions made for the militia of this Colony, to levy and col- lect a fine of ten shillings upon each of those who do not appear according to the above order, and carefully reserve the same for the disposition of this Congress or Commit- tee of Safety. " 9thly. Resolved and Ordered, That the officers be in the proportion of one colonel, one lieutenant-colonel, one ma- jor, one adjutant and one quarter-master, to each regiment consisting of six hundred and fifty men; and one captain, two lieutenants and one ensign, for every sixty-five privates, and non-commissioned officers in the same proportion. That the officers and soldiers so employed be allowed the Con- tinental pay, and ten pence halfpenny per day instead of provisions, for each day they shall do work. " lOthly. Ordered, That the officers commanding the parties upon fatigue, do make an exact return of all the men so employed to the Provincial Congress or Commit- tee of Safety, every night." Ordered, That the Secretaries deliver out copies to the colonels of the respective regiments of the before written resolutions mentioned, as may be necessary for them re- spectively. Captain John Warner, of the militia of New- York, attend- ing at the door, sent in a warrant from Lord Stirling, as commander of the Continental forces at present of this city, authorizing the said John Warner to proceed to Richmond county and take the person of James Boyd and bring him before the Provincial Congress or Committee of Safety, with such evidence as he had against him. The said John Warner was called in and heard. Joseph Welpley, a witness against John James Boyd, of Richmond county, was called in and examined, and his examination taken down in writing and filed. The Congress, considering the evidence offered, are of opinion, that the said John James Boyd is so unimportant and insignificant a person in the community, as not to de- serve the expense or trouble of apprehending him, without further testimony of some overt acts inimical to the Ame- rican Colonies, and therefore dismissed Captain Warner and Joseph Welpley, with commendations of their vigi- lence and readiness, and directed them to inform the Con- gress or Committee of Safety if they should know of any future ill behaviour of the same John James Boyd. The Congress took into consideration the late letter of William Leary, town major, setting forth his great share of hard duty, and his small means to support himself and his family without pay. Thereupon a motion was made and seconded, that Wil- liam Leary, town major, be allowed the pay of a captain on the present Continental establishment, from the 8th day of December last to the 8th day of April next, one of these days included. The question being put thereon, it was determined in the affirmative in manner following, to wit: For the affirmative. New-York, 4 Westchester, 2 Albany, 3 Kings, 2 Cumberland, 2 Tryon, 2 Suffolk 2 Ulster, 2 Richmond, 2 — Charlotte, 2 25 Dutchess, 2 Orange divided. 362 JOURNAL OF THE PROVINCIAL CONGRESS. Therefore, Resolved, That William Leary, the town major, be al- lowed the pay of a captain on the present Continental esta- blishment, from the 8th day of December last to the eighth day of April next, one of those days included. Oliver Templeton, of the city of New-York, merchant, at the door, was admitted ; he informed this Congress that a ship laded under his direction, by order of the Conti- nental Congress, bound for Ireland, is ready to put to sea ; that as the said ship, or the greater part of her, is owned in Britain, and the lading consigned for the payment of Bri- tish debts, as appears by the papers relative thereto, he is in hopes to prevail on Captain Parker to permit the said ship to pass him and go to sea, and therefore requests permis- sion to go on board of Captain Parker's ship for that pur- pose. The said Oliver Templeton, having in Congress taken the oath usually administered to persons going on board of ships of war in this harbour, a permit was given to him in the words following, to wit : " Ordered, That Mr. Oliver Templeton be, and he is hereby permitted to go on board His Majesty's ship Phoe- nix, with the port master, and to return, he having been sworn that he will convey no intelligence relative to the fortifications erecting in or near this city." DIE VENERIS, 9 ho. a. m. March 15th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. Mr. Sands, Mr. Randall, Mr. Van Cortlandt, Mr. Rutgers, Capt. Rutgers, Colo. McDougall, Mr. Evert Bancker, Colo. Lott — For New- York. Mr. Polhemus — Kings. Col. Jno. Williams — Charlotte. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Gansevoort, Colo. Nicoll on service— For Albany. Mr. Rhea, Mr. Lefever, Colo. Palmer on service— Ulster. Colo. Hay, Colo Allison — Orange. Mr. Evert Bancker — Richmond. Colo. Wm. Williams — Cumberland. Genl. Woodhull, Mr. Hobart, Mr. Gelston— Suffolk. Colo. Ten Broeck, Colo. M. Graham, Major R. G. Livingston — Dutchess. M. Paulding— Westchester. Mr. Moore— Tryon. The Congress were informed that Mr. Jacob Le Roy says, Doctr. Wm. Farquar told him he might depend on it that the ministry would exert their utmost force against the Colonies, and that 60,000 foreign troops were coming over. Ordered, That Mr. Pettit, the door-keeper, call on Ja- cob Le Roy, Esqr. and Doctr. Wm. Farquhar, and request them respectively to attend at the Congress Chamber, in the City Hall, immediately. Mr. Abraham Livingston, attending, was admitted. He produced a draft of a contract for victualling the troops to [be] employed in this Colony, which was read. Mr. Li- vingston then requested to know what sum of money this Congress would advance him to enable him to carry on the contract, and what sum per month they will agree to pay him ? Mr. Livingston withdrew. Debates arose on the said request. The sums proposed were £5,000, as soon as Mr. Livingston shall have given security to perform his contract, and five thousand pounds per month, if the supplying of the troops shall require that sum. The question being put thereon it was carried in the affirmative, Capt. Rutgers only dissenting from the vote of his county. Resolved, therefore, That this Congress will advance to Mr. Abraham Livingston «£5,000, as soon as he shall have s;iven security to perform his contract, and pay him 5,000 pounds per month, if the supply of the army station- ed in the Colony of New-York shall amount to that sum or require it. Ordered, That Mr. Roosevelt and Mr. Gansevort be a committee to examine the said draft, and report thereon this afternoon. Mr. Jacob Le Roy, attending, was admitted. Jacob Le Roy, Esqr. says, that Doctor Wm. Farquar told him he might depend on it, that the ministry would do what they could by force ; that there were 60,000 foreign troops com- ing over, among which were 20,000 Russians ; that on his asking Doctor Farquhar how he knew, that he answered Mr. Temple had said so ; that he, Mr. Leroy, then offered, that he would lay a beaver hat with Mr. Temple that it was not true ; that Doctor Farquhar offered to lay him a beaver hat of the truth of it ; that he, this examinant, re- fused to take the advantage of him, but said he was ready to lay the wager with Mr. Temple ; that he, this exami- nant, then told Mr. Farquhar that he should make use of the intelligence he had given him, and that he must give him leave to call on him as the author. Doctor Wm. Farquar, attending, was admitted. Doctr. Wm. Farquhar says, he had heard some countrymen at the ferry say that Mr. Temple had said that thirty thousand fo- reign troops were coming over here. Having heard Mr. Le Roy's examination read, says that he did not inform him of 60,000, but of 30,000 ; that he told Mr. Leroy that he wondered at the different reports, that Mr. Temple should have told some that no troops were coming over, and has told others that large numbers were coming over ; that he does not know the persons of whom he heard the report at the ferry. A permit was given to Robt. Murray and Ichabod B. Barnet, (after being sworn,) in the words following : " Ordered, That Robt. Murray and Ichabod B. Barnet, be and they are hereby permitted to go on board His Ma- jesty's ship Phoenix and Govr. Tryon's ship, (in company with the port master,) and to return, they having been sworn that they will give no intelligence relative to the for- tifications erecting for the defence of this Colony." Ordered, That the general committee of the city of New-York, assist Mr. Garret Roorback, the barrack mas- ter, to provide quarters without delay for the following troops, expected soon to arrive in this city, to wit : For six companies of Pennsylvania regulars ; for eight compa- nies of Jersey regulars ; for one thousand Jersey militia, and for at least three hundred militia from different coun- ties in this Colony, and that the troops of the respective corps be placed as near each other as possible. A letter from the committee of Suffolk county was read and filed, and is in the following words, to wit : " Suffolk county, March 1, 1776. " Gentlemen — In pursuance to your recommendation, the committee of this county have ordered that no wheat or flour that shall be made after this date, nor any barrel pork or beef, be exported from this county until the first day of April next, unless the Provincial Congress, or this committee, shall otherwise order. As this county stands in need of a considerable sum of money, to defray their past expenses, and to pay their Deputies for their attendance on Congress for the present year, we beg the favour of a loan of five hundred pounds, which this county will repay as soon as it will be in their power to collect the same, and desire the Deputies from this county may receive the money, they having our order for that purpose. " We are, with the greatest respect, " Your humble servants, " By order, "WM. SMITH, Chairman. " To the Honourable Provincial Congress in New-York." On reading the said letter, the Congress agreed to lend, or advance to the Deputies of Suffolk county, on their bond or the bond of those present, £460. Whereupon the said entry of that matter and order there- JOURNAL OF THE PROVINCIAL CONGRESS. 363 on, was read and agreed to, in the words following, to wit: " In Provincial Congress, ? " New-York, 15th March, 1776. J " The committee of the county of Suffolk having, by letter dated the first instant, requested the loan of a sum of money, which they therein say their county will repay as soon as it is in their power to collect the same : And whereas the Provincial Congress of this Colony by their resolution of the thirteenth day of March instant resolved to advance, on loan out of the treasury of this Congress, to each county committee a sum of money not exceeding the sum for that purpose therein mentioned, and amongst others to the committee of Suffolk county, the sum of four hundred and sixty pounds, payable to the chairman of the county committee or his order : And whereas the Depu- ties of the said county of Suffolk, for want of such order, have requested that the said sum of four hundred and sixty pounds may be advanced to them, on the bond of Nathaniel Woodhull, John Sloss Hobart and David Gelston, Esquires, to Peter Van Brugh Livingston, Esquire, Treasurer of this Congress, until such certificate from the county committee shall be produced to entitle them to have the said bond re- turned, to which request this Provincial Congress unani- mously agrees, and the said bond is executed accordingly. Therefore, " Ordered, That Peter Van Brugh Livingston, Esquire, Treasurer of this Congress, pay to the said Nathaniel Woodhull, John Sloss Hobart and David Gelston, or any one or more of them, the sum of four hundred and sixty pounds, and take a receipt of the payment for the same, and that he receive the bond before mentioned for that money, and retain the same until such certificate as aforesaid from the said county committee, shall be delivered to him in lieu thereof, or until the further order of the Provincial Con- gress, or of the Committee of Safety." Die Veneris, 4 ho. P. M. March 1 5th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. Mr. Randall, Mr. Van Cortlandt. Mr. Evert Bancker, Capt. Rutgers, Mr. Sands, Mr. Hallett— For New-York. Mr. Paulding — Westchester. Mr. Moore — Tryon. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Gansevort, Col. Nicoll on service — For Jllbany. Mr. Rhea, Mr. Lefever, Colo. Palmer on service — For Ulster. Mr. Polhemus— Kings. Colo. Wm. Williams — Cumberland. General WoodhuU, Mr. Gelston— For Suffolk. Colo. Ten Broeck, Major Robt. G. Livingston, Colo. Morris Graham — Dutches. Mr. Ad. Bancker— Richmond. Colo. Hay, Colo. Allison— Orange. Colo. Hay, from the committee appointed to examine Thomas Vernon, delivered in their report and the examina- tion of the said Thomas Vernon, which was read and filed. It thereby appears that the said Thomas Vernon is a worthless fellow of no consequence. That no dependence is to be put on his information. As to Craig, the said com- mittee gave it as their opinion that he ought to be separated from Vernon, and not confined in the same place with him. The Congress then resumed and read the constitution and powers for a Committee of Safety during their recess ; the whole were read, sundry amendments made thereto, and the same being finally determined, resolved on and agreed to, are in the words following, to wit : Resolved, That the Committee of Safety for this Colony, appointed by this Congress on the sixteenth day of Decem- ber last, be and is hereby entirely dissolved ; and that a Committee of Safety for this Colony shall notwithstanding any former order or resolve, be formed and is hereby form- ed, in the manner and with the powers hereinafter mention- ed, and that a quorum thereof shall consist of seven coun- ties represented in committee. That any three or more of the members for the city and county of New-York be a quorum to represent that city and county in the said Committee of Safety. That Peter R. Livingston, Robert Yates and Jacob Cuy- Ier, for the city and county of Albany ; Dirck E. Wynkoop, Esqr. Samuel Brewster and Henry Wisner, Junr. for the county of Ulster ; Morris Graham, Jacob Eversen, or any other member, for the county of Dutches ; Colo. Pierre Van Cortlandt, Colo. Gilbt. Drake and Mr. Paulding, for the county of Westchester ; Jeremiah Clark and Teunis Cooper, for the county of Orange ; Mr. Polhemius, Mr. Leffertse, Mr. Van Derbilt and Mr. Covenhoven, for Kings county ; Thomas Tredwell, or any other member, for the county of Suffolk; Colo. John Williams, or Mr. Alexander Campbell, for the county of Charlotte ; Mr. Moore or Mr. Wills, for the county of Tryon ; Mr. Adrian Bancker, or Mr. Richard Lawrence, for the county of Richmond ; and Colo. Wm. Williams, for Cumberland county ; with any three or more members for the city and county of New- York, be the Committee of Safety for this Colony, to have duration until the second Tuesday in May next. That each of the counties, except New-York, be effectu- ally represented by one member. That every vote, order or resolve in the said Committee be by counties, and not by poll, and that in estimating every vote, order or resolve, the respective voices be as follows, to wit : the city and county of New- York, four ; the city and county of Alba- ny, three ; and every other county, two. That every member of this Congress, who attends the Committee of Safety, may sit in said Committee and join in the vote of the county to which he belongs. That in case any of the before named persons should, through sickness or otherwise, be unable to attend the said Committee, the Deputies of the county where such person or persons, so unable to attend resides, shall appoint and immediately send one other of their number to supply such deficiency. That the said Committee of Safety be fully vested with the following powers and authorities, and under the follow- ing regulations, to wit : 1st. A power to grant all commissions in the militia of this Colony, subject to the regulations thereof as establish- ed by the Provincial Congress ; and the said Committee have the same powers as to the nomination and election of officers, and the granting and refusing of commissions to officers of every rank, as this Provincial Congress while sitting. 2d. A power during the recess of this Congress, in case of any alarm, insurrection or invasion, or for any matter or thing for the executing whereof military force shall or may be necessary, to order and direct the militia of the Colony or any part thereof, subject nevertheless to the control of this and of the Continental Congress. 3d. The like power during such recess from time to time, in such cases as are last mentioned, to order and di- rect any of the Continental forces that shall be within this Colony, and be by any order or appointment of the Conti- nental Congress, under the direction of this Congress, sub- ject nevertheless to such control as aforementioned. 4th. A power by drafts on the Treasurer to apply all such moneys as shall be appropriated to uses, but not ac- tually applied by this Congress. 5th. A power by like drafts to appropriate and apply any such moneys as shall from time to time be by them judged necessary for contingent services, provided the same do not in the whole exceed five thousand pounds. 6th. A power to execute, or cause to be executed, or- ders, resolves and recommendations as well of the Conti- nental as of this Congress. 7th. A power for the care, direction and disposition of the magazines, arms and ammunition and other military stores and implements belonging to this Colony, or which shall be committed by the Continental Congress to the care and direction of this Congress. 364 JOURNAL OF THE PROVINCIAL CONGRESS. 8th. A power in the recess of this Congress to call a meeting of the same when and where, in the judgment of the Committee, any emergency shall require it. 9th. A power to enjoin secrecy on their members and others under their direction as to all matters in the ex- ecution of their trust, wherein they shall judge it necessary. 10th. A power during the recess of this Congress to open and answer all letters directed to this Congress, or the President thereof. 11th. A power to comply as far and as often as they shall think proper, with any requisition by the generals of the Continental forces, or any or either of them. 12th. A power to take up and examine persons suspected to have broken the resolutions of the Continental or this Con- gress, or to have in any otherwise acted inimical to the liber- ties of their country ; and according to the discretion of the said Committee of Safety, to discharge such persons or to send them to the general committee of the county to whom it may belong to determine the matter. 13th. A power to carry into execution a settlement of accounts with the Continental Congress, which this Con- gress recommends to their Committee of Safety to be done with all possible despatch. 14th. A power to appoint signers for the emission of paper currency lately resolved to be issued, and to insert their names in the plan agreed to and resolved on by this Congress for that purpose. 15th. A discretionary power to purchase arms and am- munition, and apply the same to the public service. 16th. A power in case of a deficiency of the Provincial treasury to answer the appropriations and applications by this Congress, entrusted to the Committee of Safety; to sup- ply such deficiency as often as it may happen by a vote of credit to be made good by provisions hereafter to be made by this Congress. 17th. A power to answer and determine all questions that may be inquired of or put to them by the committee for accounts, and that may arise in their department. 18th, A power to purchase, secure and lodge at the public expense, in such places of safety as they may think proper, as much pitch, tar and turpentine as the said Com- mittee may think necessary for the public use and public safety. 19th. A power to provide for the removal of and to remove the poor that are or may be in the alms-house at the city of New-York, and to place them in such a place, or places of safety, as the said Committee of Safety may think proper. 20th. A power to remove the records of the Colony of New-York, and the records of the city and county of New- York, and the treasury of this Congress, and the treasury of the said Colony, in the hands of Abraham Lott, Esquire, or any or either of them, to such place or places of safety, and under such guards and directions as to the said Com- mittee of Safety shall seem necessary. 21 si. A power to restore any person or persons who may have been held up as inimical to his country, and who shall have made proper concessions and signed or sub- scribed the general association, and given to the Committee of Safety such asurances of his or their future good con- duct, and willingness and determination to conform, and in all things be obedient to the resolutions of Congress, as shall be satisfactory to the said Committee of Safety. 22d. A power to advance to Abraham Livingston, con- tractor for the maintenance of the Continental troops in this Colony, the sum of five thousand pounds as soon as he shall have given sufficient security for that sum, or for ful- filling such contract, and farther to advance to the said contractor any sum of money not exceeding the sum of five thousand pounds, at the expiration of every month from the commencement of such contract, if in the opinion of the Committee of Safety the supply of the army in the Colony shall require it. 23d. A power to the Committee of Safety from time to time to make such dispositions and distributions of any quantity or quantities of gunpowder, or other Colony stores of arms or ammunition, as they shall think necessary for the defence of the Colony. 24th. That the Committee of Safety keep exact journals of their proceedings, subject to the inspection of this, or a future Provincial Congress. Ordered, That Mr. Richard Norwood, Commissary of Colony stores, be directed, and he is hereby directed, to weigh the powder lately purchased of Mr. Nicholas Low, so as to know exactly the quantity thereof, and to examine, or cause to be examined with great care, the quality there- of, and to report the quantity and quality thereof particu- larly, to this Congress, or the Committee of Safety, with all possible speed. DIE SABBATI, 9 ho. a. m. March 16th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Capt. Denning, Mr. Van Corilandt, Mr. Hallett, Capt. Rutgers, Mr. Sands, Mr. Smith, Colo. McDougall, Colo. Lott— For New-York. Colo. Allison, Colo. Hay absent on service — For Orange. General Ten Broeck, Mr. Abraham Yates, Mr. Gansevoort, Colo. Nicoll on service — For Mbany. Mr. Rea, Mr. Lefever, Colo. Palmer on service — For Ulster. Mr. Polhemius — Kings. Mr. Moore— Tryon. Genl. Woodhull, Mr. Gelston, Mr. Hobart— For Suffolk. Colo. Peter Ten Broeck, Colo- Morris Graham, Major R. G. Living- ston — Dutches. Mr. Ad. Bancker— Richmond. Colo. Wm. Williams — Cumberland. A letter from Mr. John Berrien dated the 15th instant was read. He has therein stated an account of moneys by him advanced to Barnard Romans, while employed as an engineer in this Colony, amounting in the whole to seven- teen pounds seven shillings and seven pence. Ordered, The said letter remain with the Secretaries, and that the Committee of Safety, or the auditors of ac- counts, on a settlement with Barnard Romans deduct those moneys, or so much thereof as they shall find him chargeable with, out of his pay. A letter from Major-General Schuyler, relating to Cap- tain Wynkoop and the command of the vessels on the lakes, was read, and is in the words following, to wit : " Mbany, March 8th, 1776. " Sir — I am honoured with yours of the 4th instant. The Continental Congress have resolved that Capt. Wyn- koop should be employed upon the lakes under Commodore Douglass. Whether the latter gentleman means to engage in the service I do not know. Of this Congress can very speedily inform itself, as he resides near New-York. Should he not engage, there is no person I would more willingly have to command the vessels than Capt. Wyn- koop. At any rate I wish you to send him up the soonest possible, with a sufficient number of sailors for the two schooners and sloop. " I am, sir, your most obedient, " And very humble servt. "PH. SCHUYLER. " Nathaniel Woodhuxl, Esq." Thereupon a message was sent to Mr. Wynkoop, who attended. A copy of the said letter was delivered to him. He was requested to go to Major Douglass with the copy of the said letter, show it to him and request to know of him whether he will accept of that command, and that Capt. Wynkoop give an answer to the Committee of Safety, whether he will proceed to the lakes in the station assigned him. The letter from the committee of Suffolk county, dated the first day of March instant, and inserted in the minutes JOURNAL OF THE PROVINCIAL CONGRESS. 365 of yesterday, was again read. The Congress took into con- sideration that part of it — the embargo laid by the county committee on the provisions in that county. Thereupon, Ordered, That it be entirely submitted to the care, wis- dom and direction of the committee of Suffolk county to continue the said embargo after the first day of April next, or otherwise, as they shall think proper and best for the inhabitants of that county in particular, and of the Conti- nental service in general", as occasion and circumstances may then point out or require. The Congress was informed by Mr. Paulding, one of the members, that Captain Jonathan Horton has recruited a great part of his company, and is in necessity for a sum of money to pay the wages due to his men. N. B. A list of the names of the men enlisted in Cap- tain Horton's company, is filed this day. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, advance to Captain Jonathan Horton the sum of fifty pounds in part of the pay of his company ; that Captain Horton be accountable for that sum in part of the pay of his company, and give a receipt for the money to the said Treasurer. Mr. Hobart moved that a captain-lieutenant and other lieutenants be appointed to serve in the company of artillery whereof John Grcnnel is appointed captain. The Congress thereupon resolved and agreed that the under named gentlemen be appointed officers in that com- pany, vizt: Joseph Crane, Captain-lieutenant, on his pro- ducing a certificate that he has been examined and is duly qualified; George Fleming, 1st lieutenant; Thomas Grennel, Junr. 2d lieut. ; John Reed, Junr. 3d lieutenant, or lieutenant fire-worker. The Congress resumed the consideration of that part of the report of their committee on the 8th of March, which contained Lord Stirling's answer as to the case of Samuel Gale, and taking the case of the said Samuel Gale into consideration, Resolved, That this Congress are of opinion that he ought to be forthwith discharged from his confinement, he having been taken, carried away and imprisoned without any hearing, trial or adjudication whatever. And Ordered, That a letter be written to the chairman of the committee of Fairfield county in the Colony of Con- necticut, requesting the immediate discharge of the said Samuel Gale. A draft of a letter to the chairman of the committee of Fairfield county, was read and approved of, and is in the words following, to wit : " Sir — The enclosed resolution of the Provincial Con- gress will shew you their opinion in the case of Samuel Gale. I have it in charge from the Provincial Congress, to request your order that he may be immediately discharg- ed from confinement. " 1 have the honour to be with the greatest respect, " Sir, your most obedient humble servt. " To the Chairman of the Committee of Fairfield county." Ordered, That Nathaniel Woodhull, Isaac Roosevelt, Abraham Yates, Junior, Morris Graham and William Paulding, Esquires, members of this Provincial Congress, do execute the contract agreed to with Mr. Abraham Li- vingston, for supplying all the Continental troops to be employed in this Colony, with the rations allowed by Congress, in pursuance of the resolutions and recommen- dations of the Continental Congress on that subject, made and passed on the day of February last past, a certi- fied copy whereof is filed amongst the minutes and pro- ceedings of this Congress on the twenty-second day of February aforesaid. The committee appointed to consider what manufactures ought lo be encouraged in this Colony, delivered in their report, which was read ; and being again read, paragraph by paragraph, and amended and unanimously agreed to, is in the words following, to wit : 92 "Whereas it is necessary for the security of this Colo- ny to establish manufactures of gunpowder in the same, and this Congress having resolved to lend money for the encouragement thereof, and it being judged expedient to add some further encouragement to those who shall erect powder mills in this Colony: " Resolved, That any person who shall on or before the 20th day of May next, erect a powder mill in this Colony, except in the counties of New-York, Richmond, Kings and Queens, capable of manufacturing 1,0001b. of good merchantable gunpowder per week, shall be entitled to re- ceive of the Treasurer of this Congress the sum of one hundred pounds. "Resolved, That the person who shall on or before the 10th day of June next, erect the second powder mill in this Colony, (except as before excepted) capable of manufactur- ing 1,0001b. of good and merchantable gunpowder per week, shall be entitled to receive of the Treasurer of this Congress the sum of seventy-five pounds. "Resolved, That the person who shall on or before the 1st day of July next, erect the third powder mill in this Colony, (except as before excepted) capable of manufac- turing 1,0001b. of good and merchantable gunpowder per week, shall be entitled to receive of the Treasurer of this Congress the sum of fifty pounds. Provided that no per- son shall be entitled to receive any of the premiums afore- said unless he shall first prove to the satisfaction of the committee of the county in which such powder mill shall be erected, by his oath or the oath of the principal manu- facturer and three of the most reputable freeholders in the neighbourhood of the powder mill, that the same was completed within any of the periods aforesaid ; and also have proved to the satisfaction of the said committee by the oath of the proprietor and of the principal manufacturer, that the quantity of 1,0001b. weight of good and merchant- able gunpowder was manufactured at the same mill in one week or seven days successively, and shall produce to the Congress or the Committee of Safety of this Colo- ny for the time being, certificates from the said committee of his having proved the same. " Whereas it is also necessary to encourage the set- ing on foot manufactures of firearms within this Colony : " Resolved, That this Congress will lend for two years without interest from the date hereof, the sum of £200 to any inhabitant of this Colony, who shall enter into good and sufficient security to Peter Van Brugh Living- ston, Esqr. as Treasurer of this Congress, or to the Trea- surer of this Congress for the time being, for the repay- ment of the same, and that he will without delay, esta- blish a manufactory of gunlocks in some county within this Colony to the northward of the city and county of New-York, and in default thereof to be subject to repay the principal with seven per cent per annum interest for the sum borrowed, and the further penalty of thirty pounds. "Resolved, That any inhabitant of this Colony who shall at one or more periods on or before the 15th clay of Au- gust next, produce for sale to the Congress or the Com- mittee of Safety of this Colony for the time being, the greatest number of good and sufficient doubled bridled gun- locks, (not less than five hundred,) manufactured in this Co- lony at one manufactory, shall be entitled to a premium of four shillings for every good and sufficient gunlock as aforesaid, so offered for sale. "Resolved, That any inhabitant of this Colony who shall manufacture within the time before mentioned, the second greatest number of gunlocks as aforesaid, not less than three hundred, and offer them for sale as aforesaid, shall be entitled to a premium of three shillings for each. "Resolved, That any inhabitant of this Colony who shall manufacture within the time before mentioned, the third greatest number of gunlocks as aforesaid, not less than two hundred and fifty, and offer them for sale as aforesaid, 366 JOURNAL OF THE PROVINCIAL CONGRESS. shall be entitled to the premium of two shillings for each. Provided that no person shall be entitled to receive any of the above premiums for the manufacturing of gunlocks, unless he shall first prove to the satisfaction of the com- mittee of the county where the same shall have been ma- nufactured, by the oath of the proprietor and the foreman of the work, that the same were bona fide manufactured within this Colony, and produce a certificate thereof to- gether with the aforesaid depositions, to the Congress or the Committee of Safety of this Colony for the time being. " Resolved, That this Congress will lend for two years, without interest, from the date hereof, the sum of £400 to any inhabitant of this Colony who shall enter into good and sufficient security to Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, or the Treasurer of the Congress of this Colony for the time being, for the repay- mentof the same, and that he will, wilhoutdelay, erect works for the making and boring of musket barrels of three-fourths of an inch bore, capable of boring, by water, five barrels at a time, in some county to the northward of the city and county of New-York ; and in default thereof to be sub- ject to repay the principal with seven per cent per annum interest for the sum borrowed, and the further penalty of sixty pounds. " Resolved, That any inhabitant of this Colony who shall at one or more periods, on or before the 1 5th day of August next, produce for sale to the Congress, or the Committee of Safety of this Colony for the time being, the greatest number of good and sufficient musket barrels, each of them three feet and a half in length, and of three-fourths of an inch bore, well fortified at the breech, not less than five hundred, with an equal number of good bayonets, each of the length of one foot nine inches from the shoulder, manufactured in this Colony at one manufactory, shall be entitled to a premium of eight shillings for every good and sufficient musket bar- rel and bayonet as aforesaid, so offered for sale. " Resolved, That any inhabitant of this Colony who shall manufacture as aforesaid the second greatest number of musket barrels and bayonets as aforesaid, not less than three hundred, and offer them for sale as aforesaid, shall be en- titled to a premium of six shillings for a barrel and bayonet. "Resolved, That any inhabitant of this Colony who shall manufacture as aforesaid the third greatest number of mus- ket barrels and bayonets as aforesaid, not less than two hundred and fifty, and offer them for sale as aforesaid, shall be entitled to the premium of four shillings for a barrel and bayonet ; provided, that no person shall be entitled to re- ceive any of the above premiums for the manufacturing of musket barrels and bayonets unless he shall first prove to the satisfaction of the committee of the county where the same shall have been manufactured, by the oath of the pro- prietor and the foreman of the work, that the same were bona fide manufactured within this Colony, and produce a certificate thereof, together with the aforesaid depositions, to the Congress or the Committee of Safety of this Colony for the time being. " Resolved, That neither of the said premiums for the erecting of powder mills, making of gun locks or musket barrels and bayonets, is intended to be given to the proprie- tor of any powder mills already erected, or to any person with whom the Congress or Committee of Safety of this Colony have already contracted, or to any person in their behalf, for the making of gun locks or musket barrels and bayonets. " Resolved, That the Committee of Safety of this Colony be, and they are hereby authorized to contract for any num- ber not exceeding five thousand stands of arms, to be ma- nufactured in this Colony, on account of and for the defence of the Colony. " Whereas, the Continental Congress have directed that the Assemblies, Conventions, orlheCommilteesor Councils of Safety of the respective United Colonies, do cause works to be erected in each of them, at their respective expense, for the manufacturing saltpetre. " Resolved, That the Committee of Safety be, and are hereby authorized to contract and agree with proper per- sons to erect works for manufacturing of saltpetre, in the several counties of New-York, Albany, Ulster, Orange, Dutchess, Westchester and Suffolk. " Whereas, the ministry of Great Britain are not only depriving us of the means of defence but have arbitrarily ordered, in a piratical manner, their ships of war to ruin our commerce and deprive us of the necessaries of life, which renders it the incumbent duty of the representatives of the people of this Colony to provide for the comfortable subsistence of their constituents. " Resolved, That this Congress will lend to any person, for the term of two years from the date hereof, a sum not exceeding £200, for the purpose of erecting works without delay for the making of salt out of sea water in this Colony, upon his giving to Peter Van Brugh Livingston, Esquire, as Treasurer of this Congress, or to the Treasurer of this Congress for the time being, good and sufficient security for the repayment of the same ; and in default of erecting such works, to be subject to the repayment of the princi- pal and of seven per cent interest on the sum so borrowed, and the further penalty of thirty pounds. " Resolved, That any person who shall, on or before the first day of December next, make the greatest quantity of good merchantable salt in this Colony, not less than 1,200 bushels, shall be entitled to £100 premium. " Resolved, That any person who shall, on or before the saidfirst day of December, makethesecond greatest quantity of salt of the quality aforesaid, in this Colony, not less than 900 bushels, shall be entitled to £75 premium. " Resolved, That any person who shall, on or before the said first day of December, make the third greatest quan- tity of salt, of the quality aforesaid, in this Colony, not less than 600 bushels, shall be entitled to £50 premium. Pro- vided that any person who shall claim any of the above premiums for having manufactured salt as aforesaid, shall produce a certificate thereof, signed by three of the princi- pal freeholders of the neighborhood where the said works shall be erected, and an affidavit of the person who shall have made, and of some other person who shall have mea- sured the said salt, in order to entitle him to any of the premiums above mentioned. " Resolved, That the Committee of Safety be, and they are hereby directed to collect dissertations upon the making of salt, without delay ; and that they cause 500 of the said dissertations to be printed, in order that the inhabitants of the Colony be informed of the process used in the making of salt ; and that the said Committee be also directed to publish, with the utmost despatch, 200 copies of these re- solutions, and the other resolutions of this Congress for the encouraging the erecting of powder mills within this Colony." Ordered, That the Secretaries have such part of the aforegoing resolutions as relate to the making of salt in this Colony printed in the public newspapers. A copy of two resolutions of the committee of Albany, on the first of March, certified by Matthew Visscher, their secretary, and covered in a short letter of the said secre- tary, by their order, was read and filed. By the first of their said resolutions they recommend Thomas Williams, Junior, for quarter-master of the regiment raising for Con- tinental service for the counties of Albany, Trvon and Charlotte ; and by the second they recommend Peter A. Fonda for adjutant of the said regiment. Ordered, That the members from Albany county inform their committee that the appointments of adjutants and quarter-masters for the regiments is given to the respective colonels. The Congress were informed by Colo. Jesse Woodhull that through the unhappy dissatisfaction in the company of his regiment, whereof Silas Pierson has been appointed captain, the said company will be useless in their present JOURNAL OF THE PROVINCIAL CONGRESS. 367 state, and he therefore requested the Congress to provide some relief in the premises. Ordered, That a set of blank commissions for that com- pany, signed by the President, and countersigned by one of the Secretaries, be sent up to the chairman of the committee of Orange county ; that he be requested to lay this matter before the committee of the county, and that the said com- mittee, if they should think it advisable, order a new elec- tion for officers of the said company, and fill up the com- missions for the officers who shall be so elected. Thereupon a draft of a letter to the chairman of the committee of Orange county was read and approved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, 16th March, 1776. J " Sir — This Congress being informed that a company of militia, commanded by Capt. Person in Col. Jesse Woodhull's regiment, in your county, is at present in an unhappy situation, occasioned from a party arisen in the election of a captain, by which means the said company would be useless, should any emergency happen. We have therefore enclosed a set of blank commissions and recommend that you lay this matter before the com- mittee of the county with all convenient speed, and if they should think it advisable, to order a new election, and fill up the commissions for the persons so elected. " We are, sir, yr. humble servt. " By order. * To Elihu Marvin, Esqr. Chairman of the Committee, Orange County." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted, together with four blank commissions, signed and attested in the manner above men- tioned. A contract with Abraham Livingston for victualling all the Continental troops in this Colony, was read and ap- proved and is in the words following, to wit : " Articles of agreement indented and made this sixteenth day of March in the year of our Lord one thousand seven hundred and seventy-six, between Abraham Livingston of the city of New-York, merchant, of the one part, and Na- thaniel Woodhull, Isaac Roosevelt, Abraham Yates, Junr. Morris Graham and William Paulding, and the survivor or survivors of them, on behalf of the Provincial Congress of the Colony of New-York, pursuant to a resolution of the Continental Congress of the seventeenth day of Fe- bruary last past, of the other part, as follows, to wit : The said Abraham Livingston doth hereby covenant, promise and agree to and with the said parties of the second part, and the survivor and survivors of them, that the said Abra- ham Livingston shall and will furnish and supply such troops as are or shall be employed for the defence of this Colony in the city and county of New- York, Kings county and at the fortifications now erecting in the Highlands, for the term of six months from the date hereof, with good and wholesome provisions, and with soap and candles, agreea- ble to the rations or quantities allowed by the Continental Congress, at ten pence halfpenny, New-York currency, per ration per man, each ration to consist of the follow- ing kinds and quantities of provisions, to wit : One pound of beef, or three quarters of a pound of pork, or one pound of salt fish per day ; one pound of bread or flour per day ; three pints of peas or beans per week, or vegetables equi- valent, at one dollar per bushel for peas or beans ; one pint of milk per man per day, or at the rate of one-seventy-se- cond of a dollar ; one quart of spruce beer or cider per man per day, or nine gallons of molasses for a hundred men per week ; half a pint of rice, or one pint of Indian meal per man per week ; three pounds of candles to one hundred men per week, for guards ; and twenty-four pounds of soft or eight pounds of hard soap per hundred men per week ; which several articles he the said Abraham Living- ston is to deliver at the city and county of New-York and in Kings county, and at the fortifications in the Highlands, at proper store houses, to be provided by the parties of the second part, in the city and county of New-York, and in Kings county, and at each of the said fortifications in the Highlands, so as that the said Abraham Livingston may not be put to the expense of more than one cartage to each of the said store houses, which rations he the said Abraham Livingston doth covenant to deliver to the quarter-master of the troops stationed or to be stationed at each of the said places. And in case it shall be thought necessary for the public service to transport or carry any of the said rations from the said store houses, so to be provided as aforesaid, to any other place or places, it is understood that the charge and expense of such second carriage or transpor- tation, shall be paid by the parties of the second part, or the survivor or survivors of them. And the said Abraham Livingston doth further covenant, promise and agree to and with the said parties of the second part, to furnish the troops at each of the aforesaid places with firewood, at the rate of twenty shillings, New-York currency, per cord, and straw at the rate of thirty shillings for every hundred sheaves, including cartage : Provided he, the said Abra- ham Livingston, is put to no more than one cartage to either of the said places. And the said parties of the second part, and the survivor or survivors of them, do hereby pro- mise and agree to and with the said Abraham Livingston, that if it should so happen that any such provisions, wood or straw, for the purposes aforesaid, should be taken or de- stroyed any otherwise than by the carelessness or negli- gence of the said Abraham Livingston, or his agent or agents ; that then and in that case the loss that shall or may thereupon accrue shall be sustained by the said parties of the second part and the survivor or survivors of them. " In witness whereof the parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written. " AB. LIVINGSTON, [l. s.] '* NATHL. WOODHULL, [l. s.] " ISAAC ROOSEVELT, [l. s.] "ABM. YATES, Junr. [l. s.] " MORRIS GRAHAM, [l. s.] "WILLIAM PAULDING, [l. s.J " Sealed and delivered in the presence of, ) (the word ' Livingston' in the 5 line be- > ing first interlined.) ) " Robert Benson, "John McKesson." Resolved, That Nathaniel Woodhull, Isaac Roosevelt, Abraham Yates, Junior, Morris Graham and William Pauld- ing, Esquires, shall be and each and every of them shall be fully indemnified by this Provincial Congress or the Provincial Congress of the Colony for the time being, against all losses, costs, charges, payments, damages or demands that shall or may happen, arise, accrue or be to be borne, or suffered by reason, means, or on account of their having entered into the said contract by the said Abra- ham Livingston, for supplying the said troops with rations as therein mentioned, in pursuance of a resolution of the Continental Congress recommending a contract for that pur- pose to be made. And, Resolved, That the Provincial Congress of this Colony for the time being, or any other such representatives of the good people of this Colony [as] shall then represent the same, shall and will use their utmost endeavours, with the other representatives of this Continent that the said con- tract shall be fully discharged, without any particular loss or injury to the parties of the second part therein named, or their or either of their legal representatives. And that in the mean time the said Nathaniel Woodhull, Isaac Roose- velt, Abraham Yates, Junior, Morris Graham and William Paulding, their and each of their heirs, executors and ad- ministrators, and their and each of their goods and chat- tels, lands and tenements, shall be saved harmless and kept indemnified from all payments, costs, charges, damages and demands whatsoever, by reason, or means, or on ac- count of their having entered into and executed the said contract. 368 JOURNAL OF THE PROVINCIAL CONGRESS. Whereas, It is apprehended by some persons that the regiments or companies of minute men in this Colony are not subject to the command of the brigadier-generals with- in whose district they generally reside. Resolved and Ordered, that the brigadier-generals in this Colony be authorized, and they are hereby authorized, to command all regiments or companies of minute men within their respective districts, in as full and ample man- ner as any other of the militia of their respective bri- gades. A message was received from Lord Stirling, by Captain Morris, requesting the barrack necessaries may be order- ed by this Congress to be supplied to a company of mili- tia from New-Jersey, arrived at this city to enter on duty. Thereupon, an order was made and directed to Col. Cur- tenius and the barrack-master to supply the said company of militia with barrack necessaries. Ordered, That the Committee of Safety be authorized, and are hereby authorized, to hear and determine the case of John Grigg. [Although no entry of any adjournment appears on the Journal, yet it would seem that the Congress adjourned on this day.] JOURNAL OF THE COMMITTEE OF SAFETY. DIE LUNiE, 10 ho. a. m. March 18th, 1776. Committee met pursuant to adjournment. Present— Mr. Hallett, Capt. Rutgers, Colo. McDougall, Capt. Denning, Mr. Scott— New- York. Mr. Polhemius — Kings. Colo. P. Ten Broeck, Colo. Morris Graham — Dutches. Mr. Paulding — Westchester. Mr. Moore — Tryon. Mr. Gelston— Suffolk. Colo. Allison— Orange. Colo. Wm. Williams — Cumberland. Mr. Hallett was unanimously chosen Chairman. Capt. Denning produced a certificate, dated 14th in- stant, signed by Abraham Purdy, chairman of the sub- committee, at Peekskill, that Capt. Albert Sevrin had gi- ven bond, with security, to offer the following quantity of provision for sale to the President of the Provincial Con- oress, the Chairman of the Committee of Safety, or to dis- pose of it to the friends of liberty, to wit: 18 bbls. beef, 19 firkins of lard, 1,400 bushls. of wheat, which Capt. Denning says are his property. Capt. Denning also produced another certificate of the like tenor and date, that bond of the like tenor and date had been given for 16 barrels of beef, 2 do. tallow, 51 pork hams, 41 pieces dried beef, 27 firkins lard. The said quantities of provisions and other articles were offered for sale to the Committee of Safety. Certificates thereof were given to the said Sevrin, and permits to land them. Elias Nixsen, the port master, showed a list of articles to be carried on board of the ships of war and Governor Try- on's ship. He was informed that he might take them with him on board. He was also informed that he was permitted to bring on shore a list of all the letters on board in the mail for citizens of New-York, [and] any of the said letters which he might be requested by the citizens to bring on shore; but that he must produce all such letters as he may bring on shore to Mr. Hallett and Mr. Sands, for their in- spection, before he delivers them out. 93 Major Abeel, the officer of the working parties for the day, being at the door, requested to know whether any allowance of rum shall be given to the working parties or fatigue men of the working parties. The Committee are of opinion that the fatigue men will be dissatisfied without some allowance of strong liquor, as it is usually allowed in all services, and was recommended by General Lee. Ordered, That the fatigue men of the militia of this city, be allowed one quart of spruce or ship beer per man per day, or the value thereof in rum, while on labour at the works carrying on in this city. The keeper of the Bridewell delivered in three returns of prisoners put in the goal under his care. Ordered, That Colo. Curtenius deliver or supply, or cause to be supplied, to Alexr. Montcrief, provisions for fourteen prisoners, now in his custody, to wit : For John Craig, Rynier Van Housen, Joseph Purdy, William White, and the nine prisoners late belonging to the ship Asia, and who were brought from Suffolk county ; the provisions to be delivered according to Montcrief's returns to the 22d instant, but only at the rate of § of a ration for each per- son. Colo. McDougall informed the Committee that he is in want of cash, as well to pay Capt. Ledyard's company as the other new levies now in town. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, advance to Colo. McDougall, on Continental account, the sum of five hundred pounds, on account, for the purpose of enabling him to pay troops, and take his receipt for that sum on Continental account. The petition [of] Mr. Bernard Romans, attending at the door, was read and filed, and he was called in. He as- signs such reasons as he could give for his absence, and for the charges he had made in his account against this Colony. After he was heard, he withdrew. Ordered, That Mr. Berrien be requested to attend here at 4 o'clock this afternoon, to give information as [to] the moneys by him charged as advanced for Bernard Romans. A letter received from John Hancock, Esqr. dated the fifteenth instant, was read, and is in the words following, vizt : 370 JOURNAL OF THE COMMITTEE OF SAFETY. " Philada. March Mh, 1776. " Gentlemen — As it is now apparent that our enemies mean to prosecute this cruel and unjust war with unrelent- ing fury, and as every intelligence assures us that they mean to bend their force against your Colony, I would not do you the injustice to suppose there will be any occasion to use arguments to stimulate you to exert your most stre- nuous endeavours to expedite the raising and arming the battalions ordered to be raised in your Colony for its de- fence. Enclosed I send you the commissions for the field officers. If any of them are provided for in Canada, they are to continue there, and others will be elected in their room. Such of them as are in Canada, and unprovided for, have orders immediately to repair to their respective regiments. " Lest our enemies should come upon you before the Continental troops can be in readiness to receive them ; or in case they should come with superior force, the Congress have thought proper to empower the Continental com- mander at New-York, to call to his assistance the militia of your Colony, and that of Connecticut and New-Jersey, agreeably to the enclosed resolves ; and I have it in com- mand to request you to hold your militia in readiness to march in such numbers and at such times as he may de- sire. " The Congress have ordered five tons of powder for the use of the troops employed in your defence, which will be forwarded with the utmost expedition. " I have the honor to be, " Gentlemen, your very hole. sevt. " JOHN HANCOCK, Presidt. " The Honourable the Convention of New-York. " The colonel of the 3d battalion is not appointed, for reasons that will be mentioned by your Delegates, to whose letter I beg leave to refer you." " In Congress, March 15th, 1776. " Resolved, That the Governor of Connecticut, the Conventions or Councils or Committees of Safety of New- York and New-Jersey, be requested to hold their militia in readiness to march in such numbers and at such times, for the defence of New-York, as the Continental commander at New-York shall desire ; and that the pay of the militia called to the defence of New- York, be the same as that of the Continental troops raised and employed in the middle department, to commence from the time they begin their march. " Extract from the minutes. " CHAS. THOMSON, Secy. " Transmitted to the Honb. Convention of New-York, bv order of Congress. " JOHN HANCOCK, Presidt. " Convention or Comtt. of Safety, New-York." A letter from John Chalfield, Esqr. chairman of the committee of East Hampton, was read in the words fol- lowing, to wit : " Easthampton, March \ Uh, 1776. " Gent. — On Wednesday, the 6th instant, the ship Sally (that belonged to Mr. Samuel Franklin, of New- York, and taken by the men of war at New- York and sent for Boston) was drove on shore in a gale of wind at Mon- tauk. The committee of Easthampton ordered the com- mander, vizt. Charles Smith, mate of the Asia man of war, and Mr. Young, of Philadelphia, Mr. Elder and Mr. McDermott, who say they were passengers on board the ship, and that they were bound to Boston to procure a pas- sage home to England ; also Mr. Woolcomb, who was mate of a transport lately taken at Amboy, and served as mate of this ship, and ten seamen that belong to the Asia ; all which persons we send to New- York under a guard commanded by Lieut. John Foster, in the minute service. "We also send you by Lieut. Foster, all the letters and pa- pers that we could procure from on board her. We have employed a number of men to endeavour to save as much of the sails, rigging, &c. as possible ; her cargo, being salt, is all lost, and expect to save very little of the ship, as she lies upon rocks, with the surf continually breaking upon her. " We are, gent. " Your most obedient, humble servts. " Signed by order and in behalf of the committee of East Hampton, " JOHN CHATFIELD, Chairman." The examinations of the prisoners, taken before the committee of East Hampton, were read, and are in the words following, to wit : " The examination of Mr. John Young, who saith that he was born in Philadelphia, had been in New-York about a week, took a passage in the ship Sally for Boston, in order to gel a passage to London, and there was only ten muskets put on board the ship Sally ; and that Capt. Smith hove a number of guns overboard after the ship got on shore, but don't know how many." "The examination of Mr. Wm. Elder, who saith, he was born in Scotland, and came into this country about the first of May last, and that he has no recommendations to Rhode Island or Boston, and that he was on board the Asia about three weeks." " The examination of Mr. Wm. McDermott, who saith, he was born in Ireland, has been in America about five years ; has been a lieutenant in the 47th regiment ; had sold his commission about eighteen months agone; and that he was bound to Rhode Island or Boston to get a passage home." " The examination of Joseph Woolcomb, who saith, he was born in England ; has been in this country about four years ; came last mate of a transport taken at Amboy, and had been on board the Asia about a fortnight." " Thomas Lambo, Willm. Hatch, Robert Craw, Wm. Philips, Rowland Waller, Hugh Hall and Patrick Pen- dergrass all say that they belong to the ship Asia, Capt. Vandeput." " The above examinations were taken before the com- mittee of Easthampton. "Attest. "JOHN CHATFIELD, Chairman." A number of letters taken from on board of the ship Sally, some from Governor Tryon, Captain Parker and others, to Genl. How and other persons at Boston, were transmitted by the said committee with the prisoners taken from on board of the said ship, were filed. Die Lun^e, 4 ho. P. M. March 18th, 1776. Committee met pursuant to adjournment. Present — Joseph Hallett, Esqr. Chairman. Mr. Hallett, Capt. Rutgers, Colo. McDougall, Mr. Scott, Mr. Sands — For New-York. Mr. Polhemus — Kings. Colo. Morris Graham — Dutchess. Mr. Paulding— Westchester. Mr. Moore— Tryon. Mr. Gelston— Suffolk. Colo. Allison — Orange. Colo. Wm. Williams — Cumberland. Mr. John De Lancey came to the Committee to com- plain of the treatment he had received of Capt. De Witt, and informed that a party are gone to levy a fine by dis- tiess on his goods. Mr. De Lancey engaged to state his complaint in writ- ing and deliver it in to-morrow morning. " Ordered, That all proceedings against Mr. John De Lancey for not attending in his beat on fatigue be stayed until further order of this Committee. " To Capt. De Witt and the other officers of his beat." Colo. Lott came into the Committee and returned Elias Brevoort, Esqr. to be captain of the company of militia of foot in beat No. twenty-six, in the third regiment, whereof Colo. Lolt is colonel, the said Elias Brevoort having been elected in the stead of John Gregg, who is disqualified and JOURNAL OF THE COMMITTEE OF SAFETY. 371 confined in the barrack guard house for conduct inimical to his country. Ordered, That his commission issue, and it was issued accordingly. A return from Colo. Jacobus Swartwout was read and filed. He thereby returns the officers of a company of minute men, raised for his regiment, and which Lord Stirl- ing has requested may be sent to this city, to wit : Wil- liam Clarke, captain ; Gilbt. Strang, first lieut.; and Abra- ham Hyat, 2d lieutenant. Ordered, That commissions issue for those gentlemen, and they were issued accordingly. Mr. Oliver Templeton applied for liberty to go on board the ship Phoenix, to obtain leave of Capt. Parker for his vessel, laded by order of Continental Congress, to go to sea. An oath was administered to Mr. Templeton in the words following : " You do solemnly swear on the Holy Evangelists of Almighty God, that you will not give any intelligence or information whatever to any person or persons on board of the ships of war in this harbour, or on board of Governor Tryon's ship, or the packet or any of them, relative to any fortifications erecting for the defence of this city and Colo- ny ; and that you will not carry on board any or either of the said vessels, or deliver to any person on board of or be- longing to the said vessels any letter or paper writing un- til you shall have read the same, and know that it does not contain any information relative to the said fortifica- tions, or any of them : so help you God." Ordered, That Mr. Oliver Templeton be, and he is hereby, permitted to go on board His Majesty's ship Phoe- nix, with the port master, and to return, he having been previously sworn that he will not convey any intelligence relative to the fortifications erecting for the defence of this city and Colony. The account of Christopher Duyckinck and his com- pany for going to Nassau island and tarrying sundry days, by order of the Provincial Congress, to attempt to take a pilot, was brought into the Committee and read ; it amounts to £44 Is. 6d. only. Ordered, That it [be] submitted to the auditors or pay- table board. The Committee took into consideration the case of John Young, brought from East Hampton, now prisoner at the barracks, and the letters and examinations relating to him, and thereupon made the following order, to wit : Ordered, That John Young, a native, and the son of a gentleman of Philadelphia, who, contrary to the will of his father, has entered as a volunteer into the ministerial service, and is now in custody in the barracks of this city, be safely conveyed to Philadelphia, together with certified copies of the several letters of recommendation found upon him in his passage to Boston ; and the Right Ho- nourable Earl of Stirling is hereby requested to supply such guard and furnish such other necessary means for the safe conveyance of the said John Young to Philadelphia as his Lordship shall think proper. A draft of a letter to the committee at Philadelphia was read and approved, and is in the words following, to wit : " In Committee of Safety, 7 "New-York, March IHth, 1776. ) " Gektn. — The unhappy excursions of the son of any gentleman friendly to the general interests of America give us great pain. Upon the subject of Mr. Young, we thought the best thing we could do, would be, to secure his conveyance to your committee, not doubting that the good sense of the parent, cooperating with filial piety, will bring the young gentleman to a proper sense of his duty. We enclose the papers necessary to elucidate his case, and are, " With great respect, gentn. " Your most obed. servts. " By order of the Committee of Safety. " To the Genl. Committee of Asso." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted ; and the Secretaries prepare and enclose therein copies of the sundry letters and papers brought from East Hampton, which relate to the said John Young. A long letter from Jacamiah Allen, bearing date on the 16th instant, was read and filed. He thereby informs that 82 of the guns beyond King's Bridge, are cleared and un- spiked ; that he will be able to complete the whole in three weeks from the date thereof, and he thereby offers his ser- vices to guard those guns for one-half of what David Bar- clay gets. A letter from Abraham Lent, Esquire, colonel of the Orange Town regiment, bearing date the 17th instant, was read and filed. He thereby informs that he has received the resolution and order of the Provincial Congress of the 13th instant, for sending a number of men from his regiment to New-York ; he theieby proposes to send a captain and set of officers for a minute company, and requests an explana- tion of the order which he appears to have misunderstood. A draft of an answer to Colo. Lent, was read and ap- proved of, and is in the words following, to wit : "In Committee of Safety, ) " New-York, March 18th, 1776. ) " Sir — we received yours of yesterday, and have only to observe, that only a lieutenant's party was to be taken from your regiment, and as for your minute men, we would remind you that there can be no such thing, unless a com- pany is regularly formed ; therefore advise you to send down with all convenient speed the 35 men wrote for, with a first lieutenant and ensign, with non-commissioned offi- cers in the same proportion. " We are, respectfully, sir, " Your very humble servants, " By order of the Committee. " Colo. Ab. Lent, Orange." Mr. Paulding, one of the members, informed the Com- mittee that several of the members from Westchester coun- ty conceiving that they were directed to purchase pork for a magazine, were purchasing quantities for that purpose ; that Colonel Gilbert Drake, by a late order of the Con- gress, was also purchasing the whole quantity directed to be stored in that county, whereby there is danger that the said article of provisions may be purchased at an exorbi- tant price. Thereupon the Committee came to the determination in the words following, to wit : Whereas different appointments have been made by the Provincial Congress, for the purchase of barrelled pork for the public service in Westchester county ; it is therefore Ordered, That no person employed in that service pay more for that article of provision than four pounds per bar- rel, subject to the expense of the sellers for cartage to the place of delivery in the county. Captain Wyncoop attended the Committee and informed that, in pursuance of the directions of the Provincial Con- gress, given to him on last, he had called on Major Douglass and delivered to him a copy of General Schuy- ler's letter of the instant, relating to the service on the lakes ; that Major Douglass declined giving him any definite answer on that subject, and intimated that if he did undertake that service, he would not be able to attend it sooner than two months hence. Thereupon a draft of a letter to Major Douglass was read and approved of, and is in the words following, to wit : " In Committee of Safety, ) "New-York, March 18fA, 1776. $ " Sir — A gentleman engaged in the public service should be always ready to determine upon any question of service submitted to his option. Mr. Wyncoop, we are in- formed, communicated to you the copy of a letter from Ma- jor-General Schuyler ; from which it appears that the Con- tinental Congress has reserved for you the office of com- 372 JOURNAL OF THE COMMITTEE OF SAFETY. modore on the lakes, and designated Capt. Wyncoop for service under you in that department. The general has recommended Mr. Wyncoop to that command, in case of vour refusal. Lest you should have forgot the contents of the general's letter, we enclose you a copy of it. We re- quest your immediate answer. If you accept of the ap- pointment, we expect that you will stand ready at a minute's notice for the execution of duty, whenever the service re- quires it. " We are, sir, your humble servants, " By order of the Committee of Safety. " To Major Douglass." A long letter from Colonel Isaac Nicoll, at the fortifica- tion in the Highlands, dated the fifteenth instant, was read and filed. Amongst other things, he therein complains of many inconveniences at the post for want of a commissary of provisions, and barrack furniture ; and encloses an ac- count of ammunition supplied by the commissioners to Capt. Samuel Raymond, and not returned ; which account is in the words following, to wit : " Capt. Samuel Raymond, Dr. To ammunition delivered by the commissioners and not returned : 1776, Jany. Powder, pounds, 16 Musket balls, pounds, 29 do cartridge paper, quires, 2 Fort Constitution, March 8th, 1776. WILLIAM BEDLOW, JONTN. LAWRENCE, Commissioners ." Ordered, That the said report and letter remain over for consideration, inquiry and answer. A return of Capt. Benj. Egberts' company, from beat No. 2, of the city of New- York, who had been on fatigue yesterday at the fortifications, was brought into the Com- mittee and filed. DIE MARTIS, 10 ho. a. m. March 19th, 1776. The Committee met pursuant to adjournment. Present — Joseph Hallett, Esqr. Chairman. Mr. Hallet, Major Stoutenburg, Captain Rutgers, Mr. Scott— For New-York. Colo. Wm. Williams — Tryon. Mr. Gelston, Mr. Hobart— Suffolk. Colo. Morris Graham, Genl. Petrus Ten Broeck — Dutchess. Mr. Paulding — Westchester. Mr. Contine — Ulster- Colo. Allison — Orange. Mr. Polhemius— Kings. Captain Blauvelt, from Orange Town, attending, re- quested the sense of the Committee whether the 3. r ) men ordered to this city out of Colo. Lent's regiment may not come down under the command of a captain and ensign. The Committee are of opinion that the thirty-five pri- vates, ordered from Orange Town, may be commanded by Captain Blauvelt and his ensign. John Griffiths attending, was admitted ; he requested a permit to go on board the packet and to return. Whereupon a permit was given him in the words fol- lowing, to wit : Ordered, That Mr. John Griffiths be and he is hereby permitted to go on board the packet, with the port master, and to return ; he having been sworn that he will not give, or convey, any intelligence on board said ship, or either of the ships of war, or the Governor's ship, relative to the fortifications erecting for the defence of this city and Co- lony. Capt. Mercier applied to the Committee of Safety for an order to take 25 water casks from the stores, for the use of a vessel purchased by the marine committee for an armed vessel. Thereupon Ordered, That Capt. William Mercier have leave to take immediately twenty-five such water casks as he shall choose of those now in store, or yard, near Warren's wharf at Hudson's river, the same being for public use for one of the Colony armed vessels. Capt. Mercier farther informed the Committee that the blacksmiths, carpenters and other mechanics, who are and have been employed in making the carriages for cannon, are much in want of cash ; that three hundred pounds will be sufficient to pay them, in part, for the present. There- upon Ordered, That Peter Van Brugh Livingston, Esquire, as Treasurer of the Provincial Congress of this Colony, advance to Wm. Mercier the sum of three hundred pounds, on account, towards paying and discharging the accounts and debts become due for making gun carriages, and that the Treasurer take Capt. William Mercier's receipt for the same. The Chairman and Capt. Rutgers informed the Com- mittee that, in pursuance of the direction of the Provin- cial Congress, of the day of March instant, they had purchased a sloop to be made an armed vessel for the defence of the trade of this and the neighbouring Colonies ; that they had agreed to pay the sum of £430 for the said sloop. Ordered, That the Treasurer pay to Captain Anthony Rutgers the sum of four hundred and thirty pounds, to pay for the said vessel, and that the Treasurer take Mr. Rut- gers' receipt for the same. Colo. Hyer, Major Malcom and Capt. Wool, of the se- cond battalion or regiment of the city of New-York, came into the Committee. They informed that they were au- thorized by the said battalion, to offer their service as a regiment, to be taken into constant pay as minute men. After some conversation on that matter, the committee in- formed those gentlemen that they would take that matter into consideration, and give them an answer as soon as conveniently they can determine. Abraham Lott, Esqr. agent victualler, and Thomas Horsefield, the brewer at Broecklyn ferry, at the door, were admitted. They stated the difficulties attending the send- ing on board beer to the ships of war, under the attendance of, and with, the port master only ; as it happens at times that his other necessary engagements in his duty and going to the ships in the haibour, will not permit him to go at the hours they want his attendance. Mr. Lott and Mr. Horsefield withdrew. The committee having considered of the said application, are of opinion and determine not to make any alterations in the mode fixed for supplying the ships, or either of them. Mr. Horsefield was called in and informed of the deter- mination of the Committee. John Murray at the door, was admitted. He requested a permission to send bread on board of the ship Dutches of Gordon. After having fully heard Mr. Murray, the Com- mittee consented that Mr. Murray shall have a permit de- livered to the port master, to send five hundred weight of bread on board of the said ship, but that he shall not have any further permit until he produces an account of the provisions and stores on board of the said ship, for ship's use. A return from Asahel Berry, the officer of the port guard at the North river during last night, and therein said to be made to the captain of the main guard at the lower barracks, was delivered to the Chairman, and read. The prisoners therein mentioned, except James Coffin, being brought to the door by a guard, David Ketch and William Douglass were brought in and examined. Two witnesses with respect to them were called in and examined. It ap- pears lhat David Ketch flashed his gun several times at some of the sentinels. Ordered, That the gun be examined whether it is load- ed, as the witnesses suppose, and that application be made to a magistrate to bind over the said David Ketch, and take sureties for his keeping the peace and being of good be- haviour. And, JOURNAL OF THE COMMITTEE OF SAFETY. 373 Ordered, That the runaway negro therein mentioned, be sent to bridewell, and that the overseer thereof, receive and advertise him ; that the free negro be discharged ; and that until these matters are done, and farther order given, the said prisoners (except the free negro,) be returned to the guard house. Application being made for a permit to send letters on board of the packet, Ordered, That Mr. Scott and Colo. Morris Graham be a committee to examine all letters designed to be sent on board of the packet before they are sealed, and to retain them until they are sent on board by the port master. That those gentlemen on their honour keep secret the con- tents of every letter they may so examine, unless in their opinion it should so far concern the public that they should think it their duty to communicate the contents to the Committee of Safety. And, Ordered, That the inhabitants as occasion may require be informed of this order. The case of Mr. John De Lancey, and his complaint against Mr. John De Witt, captain of the militia in the beat where Mr. De Lancey resides, was sent into the Committee. For want of lime to take the same into con- sideration, it is deferred for the present. A letter from Lord Stirling relating to the artillery, im- mediately necessary to be fitted for use, was read. A state of the whole artillery on the island, and of what is necessary to complete them to a certain degree ; and also a separate return of the cannon down to six pounders inclusive, and of what is necessary to complete them to a certain degree, received in Lord Stirling's said letter, were respectively read. Ordered, That the bearer be discharged from the door, and that the said letter be taken into consideration this af- ternoon. Die Martis, 4 ho. P. M. March 19th, 1776. The Committee met pursuant to adjournment. Present — Mr. Joseph Hallett — Chairman. Mv. Scott, Colo. McDougall, Capt. Rutgers, Mr. Sands, Major Stou- tenburgh — For New-York. Mr. Paulding — Westchester. Mr. Gelston— For Suffolk. Colo. Morris Graham, Genl. Peter Ten Broeck — For Dutches. Mr. Polhemius — Kings. Mr. Contine— For Ulster. Colo. Allison — Orange. Mr. John Moore — Tryon. Colo. Wm. Williams— Cumberland. The Chairman laid before the Committee a letter from Mr. Moses Ogden, of New Ark, requesting an advance of jGlOO, to pay for coal, to cast the shot which Mr. Hallett had agreed with him for, by order of the Provincial Con- gress. Thereupon a draft of a letter Mr. Moses Ogden, was read and approved of, and is in the words following, to wit : " In Committee of Safety, ) "New-York, 19th March, 1776. \ " Sir — Your letter on the subject of shot, for which a verbal contract only now subsists, I laid before the Com- mittee of Safety. They have it much at heart to be im- mediately supplied with that article, and are therefore extremely ready to enable you, by a reasonable advance of cash, to execute your part of the contract. But they wish it should be reduced to writing, that nothing may be left to doubtful construction. I am directed by the Committee to request your immediate attendance on them, for the pur- pose of carrying a contract of so much importance into immediate and effectual execution. "I am, sir, your very humble servt. "To Mr. Moses Ogden, at Newark." Ordered, That a copy be engrossed, and signed by the Chairman, and transmitted. 94 Colonel McDougall informed the Committee that the wife of Captain John Lamb of the artillery (now Major John Lamb, in Canada, has a letter of attorney from her hus- band to receive part of his pay. That she has a family to maintain and is in want of money ; and Colonel McDou- gall requests to know whether the Committee will autho- rize him from time to time to advance her some money in part of her husband's pay. Thereupon, Ordered, That Colonel McDougall be and he is hereby authorized to advance to Mrs. Lamb, the wife of Major John Lamb, such sums per month as she is by a power of attorney from her said husband empowered to receive as part of his pay, and that Colonel McDougall take her re- ceipt for such sums as he shall from time to time advance to her, and see that the same be deducted out of Major Lamb's pay. A return of barrack necessaries now wanting for Lieut. Colonel Mathias Ward's battalion of militia from Essex county, New-Jersey, was brought in, read and filed, as follows : 8 rooms want 3 dishes in each room, 24 ; 8 rooms want 9 spoons in each room, 72. Ordered, That Colonel Curtenius deliver to the quar- ter-master of Lieutenant-Colonel Mathias Ward's regiment of militia, from New-Jersey, 24 dishes and 72 spoons for the use of his troops or militia placed in 8 rooms in this city. Colonel Lott came into the Committee half an hour past five o'clock. The Committee took into consideration the proposal of Colonel Hyer and the other officers of the second battalion of the city of New-York, made to the Committee this morn- ing, and thereupon came to the determination in the words following, to wit : " The Committee of Safety, taking into consideration the application of Colo. Heyer, respecting the second bat- talion of independent companies of the militia of this city, are willing to engage the said battalion as minute men on immediate pay, to continue two months, upon the follow- ing terms, vizt. " The battalion to consist of at least 7 companies, each company to consist of 86 men, including sergeants, cor- porals, drum and fife, besides officers ; to have 1 colonel, 1 lieutenant-colonel, 1 major, 1 adjutant, 1 quarter-master. The pay to be the same as the Continental troops, with an allowance of eight shillings per week for their rations and barrack furniture. The officers to receive pay in propor- tion to the number of men in their respective companies — that is to say, that according to the whole number of men as many officers shall receive pay, as conformable to the rules or discipline and service shall be a sufficient body of officers for such a command as the number of men shall amount to." Ordered, That a certified copy of the above be deliver- ed to Major Stoutenburgh to be proposed to the said se- cond battalion. ' A letter from Governor Tryon to the inhabitants of this Colony, at the request of a member, was brought from Hugh Gaines to the Committee and read. Ordered, That the secretary keep an exact copy there- of and return the original to Hugh Gaine with all possible despatch. A copy thereof was taken and filed. Mr. Hobart, Mr. Thomas Smith and Mr. Ray, came into the Committee at half an hour past six o'clock. The Committee took into consideration the proposal of Jacamiah Allen contained in his letter to guard the can- non at King's Bridge for half the money Mr. David Bar- clay now gets for that service. Ordered, That Jacamiah Allen take the charge of guards ing those guns in future, while a guard for them shall be wanted, and on the conditions he has offered. The petition of Josiah Robertson, Johannes Tack and 49 other of the inhabitants of Marble Town in Ulster county, subscribers thereto, was read and filed. They pray that they may be embodied into a company of grena- 374 JOURNAL OF THE COMMITTEE OF SAFETY. diers in Colo. Levy Paulin's regiment in Ulster county. That having obtained the approbation of the commanding officer of the regiment, and of the committee of the town- ship, and of the officers of the militia in Marble Town, they have elected Charles W. Broadhead for captain ; Ja- cob D. Lameter for first lieutenant ; Moses M. Cantine for 2nd lieutentant ; and Jacob Chambers for ensign. A letter from Colo. Levy Pauling, chairman of the committee of Marble Town, requesting that the said offi- cers might be commissioned, was also read. Ordered, That commissions issue for those gentlemen respectively. The Committee then took into consideration the letter of Lord Stirling, and returns of artillery stores wanting, which were received at noon. The same were again read, and are as follows : " New-York, March 18th, 1776. " Sir — It is of the utmost importance to the safety of this city and Province, that all the artillery we are to rely on be completed in every article ; it was but lately that I could obtain a complete state of all the artillery on this is- land. It was then so near the adjournment of your Con- gress that I did not care to introduce to it a matter so long in detail. 1 now enclose you a return, No. 1, of the whole artillery and the articles wanting to equip and com- plete them to 100 rounds, by which you will observe that all the cannon below six pounders are in want of every ar- ticle, and would take up more time than we can spare at present to complete them ; I have therefore made out ano- ther return, No. 2, of all the cannon down to six pounders inclusive, and these, if the work be properly distributed, may soon be equipped with every necessary ; and I must request that the Committee of Safety will as soon as pos- sible, take measures to have all necessaries provided, and you may be assured that I will lend every assistance in my power for forwarding the work. As I have no copies of these returns, I should be glad to have them sent back to me when you have taken copies of them. " I am, sir, your most obedient humbl. servt. " STIRLING. " To the Chairman of the Committee of Safety, New- York." " A return of the cannon that are (or are capable of being made) fit for service, in or near the city of New- York, with the articles wanting to equip them for action, with 100 rounds for each gun. GUNS IN THEIR PRE- SENT SITUATION. C «3 O) "U 1/1 u 3 .o o — -a ft 21 3 17 14 4 9 3 69 CD U W til 17 27 Q. o 3 60 4 I 4 2 25 65 19 4 124 si 0 42 1 10 18 20 31 74 22 4 222 37 1 10 14 14 1 77 ARTICLES WANTING TO EQUIP THEM, ALLOWING 15 CANISTERS FOR A 32 POUNDER AND 50 FOR THE OTHER PIECES. 'J 15 20 40 6 16 54 22 4 3N 50 54 80 112 226 16 12 32 108 44 01 c . C3 (A a v r- 6o ft 300 2700 C a a f-t pe a CI ft 228 500 1000 3700 1100 1200 1200 200 200 200 630 50 500 900 1000 1550 3700 4300 6600 9730 7650 145 1000 1550 3700 1200 200 t/l QJ 60 £5 c 6 3- u «3 31 74 22 4 35 1 7 7 16 31 74 22 4 197 22 10 13 29 74 22 4 174 a a o S 42 1 10 18 20 31 74 22 4 222 300 2700 42 1 10 18 20 31 74 1100 22 200 4300 222 42 1 10 18 20 31 74 22 4 222 42 1 10 18 20 31 74 22 4 222 pi 42 1 10 18 20 31 74 22 22 4 4 222 192 648 264 48 96 1125 96 96 222 " New-York, March the Wth, 1776. " S. BADLAM, Capt. of Artillery. " There is wanting, besides the above returns : Sheepskins for sponges 100") Sponge tacks, 2000 ( Ordered to be provided, Caps for sponges, 222 [ March 11th, 1776. Horns to prime guns, 200 J " N. B. Small shot in abundance about town, of private property, should be collected ; Mr. Anthony Griffith is thought a proper person to be appointed a fire-master, and to oversee the laboratory. Lieut. Bayne, fire-worker is recommended." Return of the Cannon that are (or capable of being made) fit for service in or near the city of New- York, with the articles wanting to equip them for action, with 100 rounds for each gun. GUNS IN THEIR PRESENT SITUATION. -3 a a o ' a 32 24 18 12 9 6 Total,. 1/1 ^ U 3 o o 21 ft- 0 17 59 27 „ o S bo P. v CO J3 ° § o H 36 42 1 lu 18 20 31 01 60 1 37 1 10 14 14 1 122 I 77 ARTICLES WANTING TO EQUIP THEM, ALLOWING 15 CANISTERS FOR A 32 POUNDER, AND 50 FOR THE OTHER PIECES. 15 20 'Si 38 6 50 16 54 32 146 — 60 a i 16 12 32 68 s 01 ■3 03 . 01 Efl Ck'S '3 ctf — cs ft 01 01 S 60 g C l_ Pi 02 ...I 500 300 1 1000 C30 50 500 900 1000 1550 1 5 1000 1550 8 31 2550 45 22 71 42 1 10 18 20 31 122 300 42 1 Id 18 20 31 300 122 42 1 10 18 20 31 122 42 1 10 18 20 I 20 31 31 16 122 122 16 192 16 192! 16 o 'S £ 42 1 10 18 20 31 122 Recapitulation of articles wanting to complete the cannon, according to the above return. New-York, March With, 1776. 20 garrison carriages, 5 for 32 pounders. 15 6 do 2 18 do 8 12 do 6 9 do 16 6 do 146 hand spikes, 4 for 32 pounders. 68 drag ropes, . 38 12 do 50 9 do 54 6 do 8 18 do 16 12 do 12 9 do 32 6 do JOURNAL OF THE COMMITTEE OF SAFETY. 375 300 flannel cartridges, 300 for 1,500 paper cartridges, 500 1,000 4,630 canisters filled with shot, .... 630 50 500 900 1,000 1,550 2,550 round shot, 1,000 1,550 45 sponges, with rammers, 1 5 8 31 97 ladles, 35 7 7 16 31 6 pounders. 9 do 74 worms, .... 122 lint stocks, 300 tubes, 122 priming irons, 22 10 13 29 42 1 10 18 20 31 , 300 42 1 10 18 20 31 122 gimlets, 42 10 18 20 31 122 oil cloths, 42 10 18 20 31 122 aprons of lead, 42 1 10 18 20 31 16 haversacks, 16 192 port fires, 192 16 port fire sticks, 16 16 tube boxes, 16 122 tompions, 42 10 18 20 31 6 32 24 18 12 9 6 9 6 24 18 9 6 32 24 18 12 9 6 32 12 9 6 32 24 18 12 9 6 6 32 24 18 12 9 6 32 24 18 12 9 6 32 24 18 12 9 6 32 24 18 12 9 6 6 6 6 6 32 24 18 12 9 6 do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do Lord Stirling sent to the Committee of Safety a copy of sundry resolutions of the Continental Congress, which was read and filed, and is in the words following, to wit : "In Congress, March Hth, 1776. " Resolved, That eight thousand men be ordered for the defence of the Colony of New-York. " That orders issue to Colonel Irvine, immediately to march with his battalion to New-York and put himself un- der the command of the officer commanding there. " That Colonel Dayton be likewise ordered with his bat- talion to march to New- York, and join the forces there. " That Colonel Shee and Colonel Magaw, be also order- ed to march with their battalions to New- York. " Resolved, That it be recommended to the several As- semblies, Conventions and Councils or Committees of Safety of the United Colonies, immediately to cause all persons to be disarmed, within their respective Colonies, who are notoriously disaffected to the cause of America, or who have not associated and refused to associate to de- fend by arms these United Colonies, against the hostile at- tempts of the British fleets and armies, and to apply the arms taken from such persons, in each respective Colony, in the first place, to the arming the Continental troops raised in said Colony ; in the next place, to the arming such troops as are raised by the Colony for its own defence, and the residue to be applied to the arming the associators. That the arms when taken, be appraised by indifferent per- sons, and such as are applied to the arming Continental troops be paid for by Congress, and the residue by the re- spective Assemblies, Conventions, or Councils or Com- mittees of Safety." " March 15 " New-York, March 23d, 1776. $ "Gentlemen — On the 16th instant, the Provincial Congress, then about to adjourn, received a letter from Ma- jor-General Schuyler respecting Major Douglass and Cap- tain Wynkoop, of which we enclose a copy, No. 1. " The Provincial Congress immediately sent for Capt. Wynkoop, read the General's letter to him, delivered him a copy ; desired him to call on Major Douglass with it, and return an answer the speediest possible. " On the 18th Capt. Wynkoop informed the Committee of Safety that he had called on Major Douglass, (who is in Colo. Ward's regiment in Kings county,) and delivered him a copy of the General's letter. That Mr. Douglass had intimated that he was now in service, that it would be at least two months before he could attend at the lakes if his health would then permit. The Committee there- upon wrote to Major Douglass, and on the 21st received his answer, of which we enclose you copies No. 2 and 3. " The season is so far advanced that the service must suffer if the vessels on the lakes are not immediately em- ployed. We have prevailed on Capt. Wynkoop by this reason only, to engage seamen and proceed to the Gene- ral with all possible despatch. We beg leave through you, to inform Congress that Capt. Wynkoop was bred a ma- riner, has frequently been master of mercantile vessels ; served with reputation last war, both in the land and ma- rine departments ; we think him an officer of merit, and we have heard his conduct in the last campaign highly applauded. We have promised to recommend Mr. Wyn- koop to Congress for the command of the vessels on the lake. This we do with the greatest cheerfulness, as we think him equal to the command and worthy of the trust ; and from General Schuyler's letter, we are induced to believe it would not be disagreeable to him. We do not wish to impose Capt. Wynkoop's services on Congress in this com- mand if it is not perfectly agreeable to them ; and should the Congress think proper to order Major Douglass or any other gentleman to go up to take that command, we pray their determination may be speedy, that the service may not suffer, as Capt. Wynkoop will not continue in that service under Major Douglass. " We are, gent. &c. " To the New-York Delegates in Continental Congress." DIE SOLIS, 9 ho. a. m. March 24^, 1776. Several members met pursuant to adjournment. No material business appearing necessary, the Commit- tee adjourned to go to church. Die Solis, 3 ho. P. M. March 24, 1776. The Committee met on summons. Present— Colo. McDougall, Capt. Denning, Mr. Roosevelt, Mr. Van Zandt, Colo. Lott, Major Stoutenburgh, Mr. Evert Bancker, Mr. John Van Cortlandt, Mr. Prince, Mr. Beekman, Colo. Brasher— For New-York. Colo. Peter R. Livingston — For Albany. Genl. P. Ten Broeck— For Dutchess. Mr. Tredwell— For Suffolk. Mr. Cuyper — For Orange. Mr. Moore —For Tryon. Colo. Brasher was unanimously chosen Chairman. The letter hereinafter mentioned from John Chatfield, chairman, received by express, which occasioned a sum- mons of the members, was read, and sundry copies thereof taken. The following resolve and letters for sending gun- powder to Suffolk county was read and agreed to, but for want of another county represented, the members present were adjourned to ten o'clock to-morrow morning. DIE LUNyE, 10 ho. a. m. March 25th, 1776. The Committee met pursuant to adjournment. Colo. Lott, Colo. McDougall, Colo. Brasher, Mr. Prince— For New- York. Mr. Paulding — Westchester. Colo. Wm. Williams — Cumberland. Colo. Peter R. Livingston — For Albany. Mr. Contine —For Ulster. Mr. Leffertse — Kings. Mr. Cuyper— Orange. Mr. Tredwell— For Suffolk. Genl. Petrus Ten Broeck, Mr. Everson — For Dutchess, Mr. Moore — Tryon. The letter from John Chatfield, Esqr. chairman of the committee of East Hampton, received and read yesterday, was again read, and is in the words following, to wit : " Easthampton, March 22d, 1776. " Gent. — This day about ten o'clock in the forenoon, our guard station at Montauck saw twenty sail of square- rigged vessels ; five of them appeared to be large, and two sloops, bearing about SSE. from the point of Mon- tauck, about nine or ten miles to sea ; the wind SSE. the weather something thick and hazy, steering about NE. by N. and sailed to the eastward of Block island, and supposed by the course they steered that they were going into Rhode-Island. This, gentlemen, is all the informa- tion we can give you concerning them, as about one o'- clock they disappeared behind Block island, and they saw them no more. As we are a frontier at the east end of Long island, I am destitute of men to defend us, and have but little ammunition ; should be very glad if the Honble. House would use their endeavours that we have some as- sistance. " We are, gentlemen, " Your most obedient humble servts. " Signed by order of the Committee of Easthampton. " JOHN CHATFIELD, " Chairman." JOURNAL OF THE COMMITTEE OF SAFETY. 383 The Committee, taking into consideration the defenceless state of Suffolk county, Resolved, That 1,0001b. of gunpowder and 4,000lb. of lead be immediately despatched by a boat to Huntington, for the use of the inhabitants of Suffolk county, to be charg- ed to the county, and the county to be accountable for the same ; that a letter be wrote to Brigadier-Genl. Woodhull, informing him of the supply of ammunition sent to his county, and that Mr. Tredwell have the management of forwarding the same ammunition. And Resolved, That Brigadier-Genl. Woodhull be and he is hereby authorized to make such disposition of the militia of his brigade, on any sudden invasion, when he may find it necessary, as he from time to time shall think best, with- out delaying for directions from tbe Provincial Congress, Committee of Safety, or the Commander-in-Chief of the Continental forces in this Colony, or from the county com- mittee. Ordered, That Mr. Norwood, the Colony Commissary of stores, deliver to Thomas Tredwell, Esqr. or his order, 1,0001b. of gunpowder, and 4,000 weight of lead, for the use of the inhabitants of Suffolk county, and that Mr. Nor- wood take Mr. TredwelPs receipt for the same. A draft of a letter to Brigadier-Genl. Woodhull, was read and approved, and is in the words following, to wit : " Sir — We have, by this conveyance, sent to Hunting- ton 1,0001b. of gunpowder, and 4,0001b. of lead, for the use of the inhabitants of your county, to be charged to the county to be accountable. We must add, that ammunition is so scarce that it is not probable you will soon receive any farther supply. " By a resolution of the Committee of Safety, you are authorized to make such disposition of the militia of your brigade, on any sudden invasion, as you from time to time shall think best, without delaying for directions from the Provincial Congress, Committee of Safely, or of the Com- mander-in-Chief of the Continental forces in this Colony, or from the county committee. " We are respectfully, sir, " Your very humble servts. " To Brigadier-Genl. Woodhttll." Ordered, That the said letter be engrossed, signed by the Chairman, and transmitted. Ordered, That Mr. Norwood, Commissary of the mili- tary stores of this Colony, do not deliver out any powder, ball or flints, belonging to the Colony, without the order of the Congress, or Committee of Safety of this Colony, for the time being, except in time of invasion, and when neither the Congress, or Committee of Safety of this Co- lony, are convened. Ordered further, That the said Commissary make a re- turn to this Committee, of the powder, ball and flints he has delivered, particularly specifying bv whose order, and to whom delivered ; and also of the quantity of powder, ball and flints he shall have in store belonging to this Co- lony, after the order of this day for supplying the county of Suffolk be completed. A letter from the Committee of Safety at Philadel- phia, was read. They thereby inform us that they have sent Capt. Charles Alexander and Lieut. John Henessey, two officers of the armed boats in that Province, for the purpose of recruiting seaman for the naval service of that Province, and recommend them to this Committee for as- sistance. A letter from James Duane, Esqr. at Continental Con- gress was read and filed, and is in the words following, to wit : " PhUad. 21st March, 1776. " Gentlemen — The bearer, Mr. Carpenter Wharton, is commissary for the Pennsylvania troops ; he supplies them by contract, at seven pence per ration, Philadelphia currency. He will probably make the same offer for the rest of the army in the middle department, and unless others will be equally reasonable, must be entitled to a pre- ference, it being the intention of Congress to have their ar- mies supplied on the easiest terms. He supports a very fair character in this place, and is well connected. " I have the honour to be, " With the utmost regard, gentlemen, " Your most obedient humb. serv. "JAMES DUANE. " Honble. Convention at New- York." Mr. Wharton delivered to a member, who brought it in- to the Committee, the following resolve, to wit : "In Congress, March 16th, 1776. " Resolved, That Carpenter Wharton, Commissary, continue agreeable to his contract to supply with rations the Pennsylvania battalions serving in New-York. " Extract from the minutes, " CHAS. THOMSON, Seen/." It appearing necessary that this Committee should know how many officers and men are at the fortifications erecting at Hellgate, Ordered, That Colo. Lott and Colo. Brasher be a com- mittee to go to Horn's Hook and muster all the troops there, both officers and privates, and return an exact list of those troops, specifying the names of the officers and of the men in their respective companies there in actual ser- vice, and that the said committee see every man whose name they shall take down or report. Ordered, That the port master be and he is hereby per- mitted to put on board the packet one barrel of ale, and on board of the Dutches of Gordon five hundred weight of bread. James Cooper, a boatman, and George Allisony, a saw- yer, going on board of the packet with the port master with wood, were severally duly sworn on the Holy Evange- lists, not to give any intelligence to any person on board of the said packet, Governor Tryon's ship, or the ships of war in the harbour, relative to the fortifications erecting for the defence of the city or Colony, and that they will not carry on board any letters or paper writings whatsoever. Ordered, That they be permitted to go on board with the port master. Mr. James Campbell, merchant, from Canada, was ad- mitted ; he was duly swornon the Holy Evangelists not to communicate any intelligence to any person or persons on board of the packet, or of Governor Tryon's ship, the Dutchess of Gordon, or either of the ships of war in this harbour, with respect to the fortifications erecting for the defence of this city and Colony, and that he will not carry on board nor deliver to any person on board of either of those vessels any letter or writings relative thereto, and that he will not carry on board any other letters or papers whatsoever, except his own private papers, or such as shall be first inspected by order of this Committee. There- upon, Ordered, That Mr. James Campbell be and he is here- by permitted to go on board the packet, (with the port master,) not to return, he having been^duly sworn that he will not communicate any intelligence with respect to the fortifications erecting for the defence of this city and Co- lony, or carry any letters or papers which contain any in- telligence relative thereto. Capt. Johannis Jacobus Blauvelt, attending, informed the Committee that he was come down with a party of minute men from Orange Town ; that he and his lieutenant's com- missions are for the militia, and prayed that a commission be made out for him as a minute captain, and another for his lieutenant as an ensign of the same nature, his lieute- nant having agreed to accept of ensign's pay. Ordered, That commissions issue to Johannis Jacobus Blauvelt as captain, and Jacobus Smith, as ensign, of the Orange Town company of minute men, and they were issu- ed accordingly. A permit from Nicholas Cooke, Esqr. Governor of the Colony of Connecticut and Rhode-Island Plantations, un- der the seal of the said Colony, bearing date the ninth 384 JOURNAL OF THE COMMITTEE OF SAFETY. day of March instant, was read. He thereby permits Up- ton Fraser, master of the sloop Greenwich, to proceed to the Colony of New-York, in ballast only, and there take on board a lading of provisions and other articles, under the direction of the committee of inspection of the city, town or county where he shall lade, and to return to that Colony, sufficient bond having been given that he the said Isaac Upton shall in all things conform himself to the Continen- tal association. " Ordered, That the general committee of the city of New- York, or their sub-committee of inspection, be per- mitted, and hereby [are] permitted to give permission to Isaac Upton, master of the sloop Greenwich, to take on board a lading of flour, bread or any other provisions what- soever, (beef and pork excepted,) and any quantity of pig iron that they may think proper, and export the same to Rhode-Island, under such directions or restrictions and in such manner as they may think proper. " To the General Committee of the city of New-York, and to Mr. Ray and Colo. Hyer, their sub-committee, and to Capt. Wm. Mercier." The Committee, finding that a sufficient quantity of lead cannot be purchased for the use of the public service and the necessary defence of this Colony, Ordered, That Mr. Samuel Prince be and he is hereby authorized to employ proper mechanics for that purpose, and to take the leads out of the window cases of the City Hall of this city, and also out of the Exchange in this city of New-York ; to keep an account of the weight of lead taken out of each building separately, that the weight of lead taken out of each may be known, and that Mr. Prince cause the said lead to be delivered to Mr. Curtenius, or his order. Mr. Prince informed the committee that Mr. John Meyer, the keeper of the City Hall, refused to open the doors of the different apartments in the Hall, unless he should be ordered by this Committee. Thereupon it was Ordered, That Mr. John Meyer be and he is hereby di- rected and required to open the doors of all the rooms and apartments in the City Hall of the city of New-York, that Mr. Samuel Prince may be enabled to take the leaden weights out of the window casements, pursuant to an or- der of this Committee of this day. Committee adjourned 'till 4 o'clock this afternoon. Die Ltjnve, 4 ho. P. M. March 25th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esqr. Chairman pro tempore. Mr. Prince, Colo. McDougall — For New-York. Mr. Contine— Ulster. Mr. Leffertse — Kings. Colo. P. R. Livingston — Albany. Mr. Everson, Colo. Ms. Graham— Dutchess. Mr. Moore— Tryon. Mr. Tredwell— Suffolk. Mr. Paulding — Westchester. Colo. Wm. Williams— Cumberland. Ordered, That Mr. Norwood deliver to Colo. McDou- gall, or his order, one quarter cask of gunpowder to be for- warded to Cornelius Atherton for the purpose of proving the musket barrels the said Atherton hath made by con- tract with Colo. McDougall and Colo. Curtenius, the price of the said gunpowder to be deducted out of the first pay- ment to be made on the said contract. John McDonald, the person lately sent by Provincial Congress pursuant to an order of Congress to explore the lead mines of New-Canaan, returned. His report with several letters relating thereunto, were read and filed. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, pay to John McDonald the sum of eighteen dollars for his ser- vices in going to explore a lead mine at New-Canaan, pur- suant to an order of the Continental Congress, and take his receipt for the same on Continental account. Resolved, That the captains and inferior officers and the mariners of the armed vessels now fitted out or to be fitted out by this Colony for the protection of its trade against the depredations of the enemy, be subject to and governed by the articles of war made by the Continental Congress for the government of the navy of the United Colonies, and that Captain Smith of the sloop Schuyler, and Captain Ro- gers, be each of them served with a copy of this resolution. A letter from Colo. Hay, dated the 24th instant, was read, and is in the words following, to wit: " Haverstraw, March 24th, 1776. " Sir — In compliance with the resolution of Congress of the 13th inst. ordering sixty-five privates to be drafted out of my regiment and sent to New-York, I have called the regiment together for the purpose ; Lieut. Colonel Cooper, of the minute regiment, attended, and insisted on- drafting every fourth man to complete his regiment : this created great uneasiness in my regiment, and rendered it impossible for me to send down the detachment required without greatly distressing the inhabitants, which made it necessary for me to postpone the business until Wednes- day next, which day the regiment is again ordered to at- tend. I am of opinion that the public service will be greatly promoted if the Committee of Safety would order to New- York the minute regiment, or sixty-five of that corps, instead of the detachment from my regiment ; the public by this means will be furnished with young men well accoutred. I should be happy to have the sentiments- of the Committee of Safety on the subject by the bearer hereof. If the Committee of Safety should agree in opinion with me, be pleased to forward their order to Colonel Cooper by the bearer of this, so that I may have it by Wednesday next. " I am, sir, with great esteem, " Your most obt. humble servt. " A. HAWKES HAY." An answer to Colo. Hay was read and approved, and is in the words following, to wit : " In Committee of Safety, > " New-York, March 25th, 1776. J " Sir — In answer to yours of yesterday, we would just inform you that we shall give orders to Coll. Cooper, who is now in town, to send down a company of minute men in lieu of those ordered by the Congress to be drafted out of your regiment ; at the same time, as the enemy have quitted Boston, and we know not how soon they will be here, we would urge it upon you with the greatest earnest- ness to use your utmost endeavours to have your regiment in all possible readiness to march upon the shortest no- tice. " We are respectfully sir, " Your very humble servants. " To Colo. A. Hawkes Hay." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Ordered, [That] Lieut. Colo. Cuyper, of the Orange county regiment of minute men, send down to New-York as soon as possible, one full company of the Orange county regiment of minute men, completely armed, accoutred and appointed in the best manner, and each with his blanket ; that this company be sent down to New-York instead of the company which Colonel Hay was desired to despatch from his regiment. A letter from the chairman of the committee of Dutch- ess county was received and read, and is in the words fol- lowing, to wit : " Dutchess County Committee, ? " March 19th, 1776. 5 " Sir — The following recruiting officers, vizt : Capt. Swarthout, Capt. Barker and Capt. Pierce, came before this committee and informed us that they were under great difficulties with respect to raising men in this county, by JOURNAL OF THE COMMITTEE OF SAFETY. 385 reason of the reduction of the wages of the soldiers, and that many of the young men in this county, that were dis- posed to go into the service, had enlisted in the Connecti- cut regiments, as their pay is there still kept up to the former establishment, vizt : 53s. \d. bounty and 53s. 4.d. per month, and a month's pay and the bounty advanced immediatelyupon enlisting. Theylikewise informed us that they labour under another difficulty from this circumstance, that the time of enlistment is not limited, but left indefinite in the instructions. From this information, and from our own observations of the dissatisfaction throughout the country, caused by the late establishment of the soldiers' pay, this committee are of opinion the companies cannot be filled in this county without an augmentation of wages. You will please to favour us with the sentiments of Con- gress respecting these matters as soon as possible, as the officers wait for our answer. " We are, sir, your humble servants, " By order of the committee, "EGBT. BENSON, Chairn." Draft of an answer to the letter from the chairman of the committee of Dutchess county was read and approved, and is in the words following to wit : "In Committee or Safety, } " New-York, March 26th, 1776. ) " Gentlemen — We are this day favoured with your letter of the 19th instant stating the difficulties of the recruit- ing officers in your county. We apprehend their difficul- ties arise from mistake. The pay, clothing and bounty allowed to the Continental troops now raising in this Colo- ny are the same allowed in Connecticut, Jersey, &c. It is the Continental establishment for all troops raised for service in the middle Colonies, and for all Continental for- ces whatever that we know of, except those raised for the service in Canada. The troops raised for the Canadian service only have 53s. \d. per month, one month's pay ad- vanced, but to be discounted ; and we conceive that the arduous service they undertake, and the high prices that must be there paid for every necessary, render their pay and service not the most eligible. The allowances and regulations published in this Colony are in the very words of the Continental Congress : it is not in our power to change the terms given to the troops in any one article. " We hope the gentlemen in your county may succeed in raising their companies, as we have some time ago re- fused several gentlemen who offered their services with full companies, out of respect to your county committee's recommendations, and that your county might have an op- portunity of employing their proportion of officers and men. But if any of them cannot raise their men we ought to be informed of it as soon as possible, as Continental Congress has more than once directed inquiries whether the troops are raised, or how near being completed. " We are, respectfully, gentlemen, " Your very humble servts. " By order of the committee. * To the Chairman and Members of the Committee of Dutchess county." Ordered, That a copy thereof be engrossed and trans- milted. A letter from John Barnes, of Charlotte precinct, in Dutchess county, was read, and is in the words following, to wit : " Charlotte Precinct, ) " Dutchess county, 22d March, 1776. S " Sir — In consequence of a variety of accidents, the enclosed alterations have taken place in the four companies of militia in this precinct ; I have therefore to beg you will be pleased to return me the several commissions here specified, soon as possible, lest the service may be im- peded by delay, as some individuals are so obstinate as to refuse training until their captains produce their commis- sions. I am also sorry to observe, that the late nomina- tion of Bernard Doughty and Dirck Doty as captains, (though conformable to the rules prescribed) were, I am 97 persuaded, chosen under an undue influence, and done merely to render the service of their companies useless and contemptible ; of course it cannot be expected the in- ferior officers named, (who are good men) together with a number of men belonging to these two companies, (who would otherwise be embodied) will obey orders ; for these reasons I have not troubled you with their names. " These several circumstances were debated yesterday in county committee then sitting, and Capt. Doughty ex- amined thereupon, yet still we found it impossible to set aside his election. Capt. Doty's, though not examined in person, we found exactly in the same predicament. Upon the whole, therefore, it was proposed that their commis- sions only should be wrote for, and when received, that Colo. Sutherland be requested to see that every part of their duty as captains be strictly attended to. By this mode of proceeding, it is expected they will bring on their own dissolution, and thereby create a new election, when it may reasonably be expected a better one will succeed. " I am respectfully, sir, " Your very humb. servt. " JOHN BARNES. " Stoutenburg's, late Wm. Gay, declined — Joseph Ha- german, capt.; John Hagerman, 1st lieut.; Jonathan Holmes, 2d lieut. "Gidney's, late De La Vernge, preferred — Fredk. Stritt, capt.; Wiilm. Woodworth, 1st lieut.; Danl. Hamill, 2d lieut.; David Ostrom, ensign. " Christr. Tobias, late Jacob Tobias, deceased — Ber- nard Doughty, captain. " Sharpstone's, late Isaac Bloom, on minute service — Dirck Doty, capt. " Nathl. Woodhull, Esqr." DIE MARTIS, 10 ho. a. m. March 26th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esqr. Chairman pro tern. Colo. McDougall, Mr. Sands — For New-York. Mr. Cuyper — Orange. Colo. Wm. Williams — Cumberland. Colo. P. R. Livingston — For Albany. Mr. Contine — Ulster- Mr. Paulding — Westchester. Mr. Leffertse —Kings. Mr. Tredweli— Suffolk. Colo. Graham, Mr. Everson — Dutchess. Mr. Moore — Tryon. Whereas the allowance made by the Continental Con- gress for the frocks of the troops to be raised in this Colo- ny, appears to be insufficient, owing to the great scarcity of the proper stuff to make them of : And whereas it is necessary for encouraging the raising the said troops ex- peditiously that they should be clothed in uniform : Resolved, That it is the opinion of this Committee that, as well for the reputation as the security of this Colony, the troops should be raised without delay, and that all encouragement should be given for that purpose. There- fore, Ordered, That Colo. Curtenius be, and he is hereby, directed to provide frocks for the troops raising for the de- fence of this Colony of the most proper cloth he may be able to procure, and on the most reasonable terms in his power. Mr. Peter Van Dervoort, attending, requested permis- sion to export twenty barrels flour for the use of some persons employed in erecting a fortification at New-Lon- don. Ordered, That Mr. Peter Van Dervoort be, and he is hereby, permitted to export twenty barrels flour for the use of those who are erecting a fortification at New-London. 386 JOURNAL OF THE COMMITTEE OF SAFETY. Ordered, That Mr. Tredwell and Mr. Moore be a com- mittee to consider of and report a plan for disarming the tories, pursuant to the resolution of Continental Con- gress. Ordered, That the colonels or commanding officers of the respective corps of minute men now in service at New-York or the places adjacent, do permit the recruiting officers of the several regiments now raising in this Colo- ny for Continental service, to enlist any men they can out of the said minute regiments, and that the said recruiting officers be permitted to take such men as they may so en- list into their respective corps of Continental troops im- mediately. A letter from Brigadier-Genl. Thompson was received and read, and is as follows, vizt : " Gentlemen — I must request you would furnish me with the sum of three hundred dollars, which I at present stand in need of for the public service. Major Scull, who waits on you with this, will give the proper receipt. "I am, gentlemen, yr. very hble. servant, " WM. THOMPSON, Brigr. Genl. "New-York, 26th Mar. 1776." Thereupon, Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, ad- vance to Brigadier-Genl. Thompson the sum of three hun- dred dollars, and take a receipt for the same on Continen- tal account. Ordered, That Captain Post be, and he is hereby, di- rected to furnish the barrack master with as many tables, benches, and other necessary articles, for the use of the troops in this city, as the barrack shall from time to time require or stand in need of. A letter from Mr. Isaac Sears, with General Lee's or- ders to him for his expedition to Queen's county, were se- verally read. Mr. Sears desires that the bills he drew while employed on that expedition may be paid. Ordered, That the said papers be filed. Ordered, That five hundred weight of gunpowder be sent to the committee of Orange county, and that the com- mittees of the counties of Ulster and Dutchess, be autho- rized, and they are hereby authorized, to receive each one thousand weight of the ton of gunpowder lodged at Fort Constitution, belonging to this Colony, and that the re- spective counties above mentioned, be charged with the said powder, and that the said powder be disposed of by the respective committees of the said counties in the best manner to prevent the attacks or ravages of any enemy who might attempt to proceed up Hudson's river. And Ordered, That the committee of each of the said coun- ties respectively give such directions for the disposition of the said gunpowder, that it may not be wasted or expend- ed but in the defence of the country, lest those counties might be distressed before any other possible supply can be afforded to them. And Ordered, That Mr. Richard Norwood, Commissary, de- liver to Theunis Cuyper, Esqr. five hundred weight of gun- powder for the county committee of Orange county, and that Mr. Norwood take Mr. Cuyper's receipt for the same. A draft of an answer to Colo. Nicoll's letter of the 21st instant, which was received on the 22d, was read and ap- proved of, and is in the words following, to wit : " In Committee of Safety, ) " New-York, March 26th, 1776. J "Sir — Yours of the 21st inst. came safe to hand, and we are of opinion that Palmer's being appointed one of the commissioners does by no means supersede or inter- fere with your appointment as commander of the troops at the posts, and that you should still continue to command all the troops at the different fortifications in the Highlands, according to your original appointment, until you shall be relieved by some Continental officer, or until the further or- der of a Committee of Safety, or Congress of this Co- lony. But the commissioners undoubtedly have power to direct that the troops be set to work in such numbers, and at such parts of the fortifications, as they may think proper to carry on the works. We have no reason to doubt but you will so command the troops as will render them most useful for that purpose. The accounts you sent down could not be audited, for want of proper vouchers, but that you may have the money as soon as possible, we shall or- der the commissioners to audit and pay them. " We are, sir, with respect, " Your very humble servants." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Die Martis, 4 ho. P. M. March 26lh, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esqr. Chairman pro tempore. Colo. McDougall, Mr. Van Cortlandt, Mr. Sands— For New-York. Mr. Cooper — Orange. Mr. Leffertse— Kings. Colo. P. R. Livingston — For Albany. Mr. Contine — Ulster. Mr. Paulding — Westchester. Colo. Wm. Williams — Cumberland. Mr. Tredwell -Suffolk. Colo. M. Graham, Mr. Everson — Dutches. Mr. Moore — Tryon. Mr. Ad. Bancker — Richmond. Ordered, That Capt. Charles Alexander and Lieut. John Hennessey be at liberty to enlist the mariners late- ly brought from the east end of Nassau island, and now confined in the jail of this city, and take them to Philadel- phia, and that the said mariners be discharged from con- finement on the request of those gentlemen. The Committee of Safety having called and examined the gentlemen enlisting mariners for the three vessels on the lake by order of Continental Congress, and the captains of the armed vessels fitting out by order of this Colony for the defence of trade between Sandy Hook and the Capes of Delaware, are informed that there are but few mariners in this city and no more, if so many, as will be sufficient for the necessary purposes above mentioned. The Com- mittee are therefore of opinion that they can not, with jus- tice to the Colony, or to the public service to the north- ward, consent that Captain Alexander and Lieutenant Hen- nessey enlist or take away any other mariners than those above mentioned. Thomas Hockley of Philadelphia, merchant, and John Warder of the same place, merchant, being two of the people called Quakers attending, were admitted. Mathias Aspin, of Philadelphia, and William Horner, of Virginia, also attending, were admitted. The said Thomas Hockley and John Warder were re- spectively duly affirmed, and the said Mathias Aspin and William Horner, were respectively duly sworn on the Holy Evangelists, not to give any information or intelligence whatsoever, to any person or persons whomsoever, on board of the packet, the ship in which Governor Tryon resides, the ships Asia or Phoenix, or on board of any other vessel in this Colony, under the care or direction of, or connected with any person on board of either of the vessels above mentioned, relative to any fortifications erecting for the defence of this city and Colony, or any other of the United Colonies, nor relative to the American fleet, or any armed vessels fitted out by any Colony or place, and not to carry on board of either of the said vessels, nor deliver to any person belonging to either of them, any papers or writings whatever relative thereto, nor any other papers or writings but such as shall have been first shown to this Committee and permitted to be taken on board. Thereupon permits were given to the said four persons respectively to go on board of the packet with the port master. JOURNAL OF THE COMMITTEE OF SAFETY. 387 The Committee took in consideration Mr. Duane's let- ter received yesterday by Commissary Wharton. Thereupon a draft of a letter to the Continental Con- gress, on the subject of the contract for victualling the troops, was read and approved of, and is in the words fol- lowing, to wit : " In Committee of Safety, ) " New-York, March 26th, 1776. J " Sir — In the month of February last the Provincial Congress of this Colony received, amongst other things, resolutions of the Honourable Continental Congress, dated the 17th, under the hands of the President and Secretary, ' that the sum of 35,000 dollars to be advanced to the Con- vention or Committee of Safety of New- York, for the sup- port of the troops employed for the defence of that Colony : that it be recommended to the Convention or Committee of Safety of New-York, to contract with proper persons for supplying the said troops with the rations allowed by Congress, and fuel and other necessaries, on the most rea- sonable terms in their power.' " To prevent trouble we enclose an exact copy of the said two resolutions, marked No. 1. " The Provincial Congress appointed a committee to re- ceive proposals of contracts for supplying the said troops, which committee caused the rations and other necessaries to be supplied, to be published in the New- York newspa- pers, and, agreeable to their advertisements, received all proposals offered for that purpose sealed up, to prevent collusion as far as possible. " After every care and precaution taken, the Provincial Congress, on the fifteenth of March, accepted of the pro- posals of Mr. Abraham Livingston for supplying the said troops, his being the most reasonable that were offered, and on the sixteenth the contract was perfected and exe- cuted by five gentlemen from different counties, on behalf of the Provincial Congress, pursuant to the resolution above mentioned, and by Mr. Abraham Livingston. " We enclose you a copy of the contract, No. 2, and, therefore, need not repeat its contents. " Mr. Livingston has, by bond, given sufficient sureties, in the sum of £30,000, to perform his contract, and the Provincial Congress have agreed to advance him £5,000, and to pay him £5,000 at the expiration of every month, if the support of the troops by him supplied shall amount to that sum. " In pursuance of those agreements, Mr. Livingston has purchased provisions to a very large amount. The Pro- vincial Congress were induced to make the said contract, not only because it was the most reasonable terms then in their power, but considering the risk and expense of trans- portation ; should any force obstruct the navigation be- tween this city and Kings county, or between this city and the Highlands, the contract would be highly advantageous to the Continent. " Yesterday we saw a resolution of Congress, that Car- penter Wharton, Commissary, continue, agreeable to his contract, to supply with rations the Pennsylvania battalions serving in New-York, and were favoured with a letter from Mr. Duane, recommending him as contractor for the re- giments raised in this Colony on the same terms he is al- lowed for the Pennsylvania battalions. " We are sorry that it is now out of our power to con- tract with that gentleman, even should he be willing to supply the troops raised here on the same terms he does the others. " The Provincial Congress of New- York are not only di- rected ' to contract for the troops employed for the defence of that Colony,' but the method directed appeared the most eligible, as the larger the contract offered the more reason- able terms were to be expected, and could be offered. " Should Congress determine to supersede what has been done in this Colony, as far forth as it relates to the Pennsylvania battalions, we will endeavour to make the best terms we can with Mr. Livingston as to that part of his contract, and are inclined to believe he will not take any unreasonable advantages of the gentlemen bound to him in the contract, or of the public. " Whatever further directions Congress may think pro- per in their wisdom to give in the premises, we would wish to receive with all convenient speed. " We have the honour to be, " Most respectfully, your most " Obedient humble servants." Ordered, That a copy thereof be engrossed and signed by the Chairman, and transmitted. DIE MERCURII, 10 ho. a. m. March 27th, 1776. Committee met pursuant to adjournment. Present — Mr. William Paulding, Chairman. Mr. Sands, Mr. Beekman, Colo. McDougall, Mr. John Van Cortlandt — For New-York. Mr. Cuyper — Orange. Colo. Wm. Williams — Cumberland. Colo. P. R. Livingston — For Albany. Colo. Morris Graham, Mr. Everson — Dutches. Mr. Leffertse— Kings. Mr. Tredwell— Suffolk. Mr. Paulding — Westchester. Mr. Ad. Bancker — Richmond. Mr. Nicholas Low returned to the Committtee of Safety with an order of this Committee, dated the 2lst instant, permitting him to export provisions and lumber to the West Indies, to the amount of eight hundred and ninety-six pounds and nine pence, in return for military stores import- ed into the Colony of New- York, and formerly sold and delivered to the Committee of Safety of the Colony. Mr. Low requests that Mr. Joseph Lewis may have permis- sion, on his behalf, to export the value of two hundred pounds in provisions, lumber, or any other kind of produce of this Colony, from Suffolk county, in this Colony, to the West Indies ; and that the said sum of two hundred pounds be deducted from Mr. Low's said permit. This request appearing to the Committee to be reasona- ble, and agreeable to the resolutions and practice of the Continental Congress, Ordered, That Mr. Joseph Lewis be permitted to ex- port provisions, lumber, or produce of any kind, from Huntington, in Suffolk county, or any other part of Suf- folk county, to the amount or value of two hundred pounds, and no more ; and that the committee of inspection, or such other committee at Huntington, or in any other part of Suf- folk county as may have the care and direction of exports, see that Mr. Lewis do not exceed this permit in the value of his exports, and that Mr. Lewis be accountable to them to show from time to time the value and quantity of the ar- ticles to be by him exported before they are exported, and to give all due proof and satisfaction relative thereto to such committee or committees. And Ordered, That such committees make proper returns thereof to this Committee of Safety or the Provincial Con- gress, to enable them to make return to the honourable Continental Congress of the quantity and value of such exports, agreeable to a resolution of the Continental Con- gress, dated the 26th day of December last past, in such cases provided. And Ordered, That the general committee of the city and county of New- York, or their sub-committee for exports, deduct the sum of two hundred pounds from Mr. Low's said permission to export, and permit him to export on his said order of the twenty-first day of March instant only the amount or value of six hundred and ninety-six pounds and nine pence, and no more. Colo. Brewer, the barrack master general, sent in to the Committee of Safety a memorandum which was read and 388 JOURNAL OF THE COMMITTEE OF SAFETY. filed. He thereby signifies that he would want 834 pots and 100 tea kettles, for five thousand men hourly expected ; the said memorandum or request also mentions a supply of wood, for which he will give a receipt that will bring the money. Ordered, That Colo. Brewer be informed that Mr. Abra- ham Livingston is, by contract, to supply the army with wood ; and Colo. Curtenius is hereby requested to give assistance or directions to Colo. Brewer to enable him to get the number of pots he wants, and to be so kind as to give any assistance, advice or directions he conveniently can to Colo. Brewer, as to the procuring any necessaries Colo. Brewer may have occasion to procure. Colo. Curtenius attended and informed the Committee that he is much in want of cash, to enable him to comply with the order of the Provincial Congress for purchasing necessaries for the troops raising in this Colony, and other orders which he has received. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Congress of this Colony, advance to Peter T. Curtenius, as Commissary of the Provincial Congress of this Colony, the sum of five thousand pounds, on ac- count, and take a receipt for the same. Mr. Abraham Livingston attended and delivered to the Committee a bond from Philip Livingston and John Alsop, Esqrs. and himself, in the sum of thirty thousand pounds, conditioned for fulfilling his contract for victualling the troops in this Colony. The said bond was read and filed, and Mr. Abraham Livingston requested an order on the Treasurer for five thousand pounds, pursuant to the agreement of the Pro- vincial Congress on the fifteenth day of March instant, and the 22d power given by the Provincial Congress to the Committee of Safety. Ordered, therefore, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Co- lony, advance to Abraham Livingston, as contractor for victualling the Continental troops in this Colony, the sum of five thousand pounds, on account in that department, Mr. Abraham Livingston to be accountable and to give his receipt to the Treasurer for the same. Ordered, That Capt. Charles Alexander and Lieut. John Hennessey be at liberty to enlist Wm. Craig, a pri- soner now confined in the jail of this city, and take him to Philadelphia ; and that the said Wm. Craig be discharged from confinement on the request of those gentlemen. Ordered, That John McDonald immediately proceed to Orange county, and apply to Thomas Smith, Esqr. for in- formation relative to a lead mine, formerly mentioned by Mr. Smith in Congress as very valuable, in some part of the said county ; that Mr. McDonald take Mr. Smith's ad- vice and direction relative to the same. And, Ordered, That the said Jno. McDonald, (after having explored such mine or mines in Orange county as Mr. Smith or such other person or persons as Mr. Smith shall recommend him to for advice and assistance shall point out to him,) proceed to the Little Nine Partners, in Dutchess county, and there apply to Colo. Morris Graham and Jo- nathan Landon, Esqr. and take their advice and direction relative to lead mines in Dutchess county ; that Mr. Mc- Donald carefully explore such mines in Dutchess county as he may be advised to explore by Colo. Graham and Mr. Landon, and report the state and quality of all such mines, both in Orange and Dutchess, as he shall or may explore, to this Committee, with all convenient speed. A letter from Christian Jacobson, chairman of the com- mittee of Richmond county, was read. They thereby re- turn the names of persons for field officers, and inform the Committee that they have divided the county into four dis- tricts ; that they will speedily hold elections for captains and subalterns, and return their names to be commissioned. Ordered, That Mr. Bancker write a letter to the com- mittee of Richmond county, requesting them to transmit the names of such persons for field officers (as they may be assured will serve,) when they return a list of captains and subalterns. Die Mercurii, 4 ho. P. M. March 21th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esqr. Chairman. Colo. Lott, Mr. Sands, Colo. McDougall— For New-York. Mr. Bancker — Richmond. Colo. P. R. Livingston — For Jilbany. Mr. Everson, Colo. Mr. Graham — Dutchess. Mr. Moore — Tryon. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Colo. Wm. Williams — Cumberland. The Committee were informed that Capt. Anthony Post has such work in hand to be done by his company of artificers under the direction of the commander of the Continental troops here, that none of those artificers can be spared to make cribs for the Continental troops, and that as many are hourly expected, and some of those now here not yet supplied. Ordered, That Mr. Sands and Colo. Lott, be authoriz- ed and hereby are authorized to employ workmen or con- tract with proper persons to make cribs, tables and benches for the Continental troops coming into this city ; that they get them made on the most reasonable terms and with the greatest despatch. Mr. Joseph Bull attended and delivered in his bond ex- ecuted to Peter Van Brugh Livingston, Esqr. in the sum of £2,000, with a condition that he will cause Isaac Gid- ney to be delivered a prisoner in Westchester jail, and that the said Joseph Bull will procure good and sufficient security in the sum of £3,000 to the said obligee, that the said Isaac Gidney will remain a prisoner in the said jail during the pleasure of this Committee of Safety, or some future Committee of Safety or Congress. The said bond was read and filed. Thereupon, Ordered, That Isaac Gidney, a prisoner now in the jail of this city, be delivered up to Colo. Joseph Bull ; and that Joseph Purdy, another prisoner in the said jail, be discharged, they paying the expenses attending their con- finement while in jail. An association of a company in the township of Jamai- ca was read and filed. The officers elected by the said company, have subscribed a declaration similar to that di- rected by the rules published by the Provincial Congress, to be subscribed by officers before they enter upon the ex- ecution of their offices. Thereto is annexed a certificate of Joseph Robinson and Nathaniel Tuthill, freeholders and inhabitants of Jamaica, that the persons elected officers were duly chosen in their presence, agreeable to the regulations of the Provincial Congress, and subscribed the said declaration in their pre- sence. Therewith is transmitted the names of the company, consisting of forty men, exclusive of commissioned offi- cers, with their declaration, that they have associated themselves into a company of militia, and agreeable to the rules of Congress, have chosen Ephraim Baylis, captain; Increase Carpenter, first lieut. ; Abraham Van Osdall, 2d lieut. and Othniel Smith, ensign ; and recommend them to be commissioned. Ordered, That commissions issue for the officers of the said company without delay ; and they were issued ac- cordingly. The Committee took into consideration the resolutions of Continental Congress for disarming disaffected persons ; the same having been under consideration at different limes. The Committee came to a unanimous determina- tion, in the words following, to wit : JOURNAL OF THE COMMITTEE OF SAFETY. 389 " In Committee of Safety, ) " New-York, March 27th, 1776. $ " Whereas the Continental Congress, on the 14lh inst. did 'recommend to the several Assemblies, Conventions and Councils or Committees of Safety of the United Colonies, immediately to cause all persons to be disarmed within their respective Colonies, who are notoriously disaffected to the cause of America, or who have not associated and refuse to associate to defend by arms these United Colonies against the hostile attempts of the British fleets and armies, and to apply the arms taken from such persons in each re- spective Colony, in the first place, to the arming the Con- tinental troops raised in said Colony ; in the next, to the arming such troops as are raised by the Colony for its own defence, and the residue to be applied to the arming the associators. That the arms when taken, be appraised by indifferent persons, and such as are applied to the arm- ing Continental troops be paid for by Congress, and the re- sidue by the respective Assemblies, Conventions, or Coun- cils or Committees of Safety :' And whereas the neces- sity of having the Continental troops and other inhabi- tants of these Colonies who are disposed and willing to defend the rights of their country immediately armed, ren- ders it highly expedient that the said resolution should be carried into immediate execution. Therefore, " Resolved, That it be recommended to the committees of the several cities, counties, manors, townships, pre- cincts and districts in this Colony, forthwith to cause to be disarmed, all persons within their respective districts who are known to be disaffected to the cause of America, and also all such persons as shall refuse to sign the following association, to wit : " ' We, the subscribers, inhabitants of in the county of and Colony of New- York, do volun- tarily and solemnly engage and associate, under all the ties held sacred amongst mankind, at the risk of our lives and fortunes, to defend by arms the United American Colonies against the hostile attempts of the British fleets and armies, until the present unhappy controversy between the two countries shall be settled.' " And that it be recommended to the said committees to use all possible prudence and moderation in carrying said resolve into execution ; and that in such districts where the committees find it absolutely necessary to call in an armed force, they are hereby empowered to order any part of the minute men or common militia of their districts to their assistance, that they and the field officers of the forces shall judge necessary. " And that the arms so taken be appraised by indifferent persons, appointed by said committees, and that an account be made of their number, the persons they belong to, and their appraised value, and that each one be marked with the initial letters of the person's name from whom they were taken ; and that the arms, together with the account of them, be delivered to the chairman of the committee of the district in which they were so taken, or to such person or persons as shall be appointed by the said committee for that purpose, he or they giving a receipt for the same ; which accounts from the several districts are to be forth- with transmitted to the chairman of, and to be laid before, the county committee, who are hereby directed to transmit an account of the number of arms so taken, and how many of them are fit for immediate service, to the Committee of Safety, or Provincial Congress of this Colony, that they may be enabled to make further order therein ; and in those counties where there are skillful artificers for the purpose that the said committees do cause the said arms to be fitted up with bayonets, steel rammers and other ne- cessary repairs, without delay, at the public expense ; and where there are no such artificers, the committees are to send said arms to the Committee of Safety, or Provincia Congress, as soon as collected." Ordered, That a copy of these resolutions be transmit- ted to the chairman of the committee of each county in the 98 Colony, who is hereby directed to furnish the chairmen of the committees of the several towns, precincts and districts in the county, with copies thereof, without delay. DIE JOVIS, 9 ho. a. m. March 28th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esqr. Chairman pro tempore. Colo. McDougall, Mr. Prince— For New-York. Mr. Cuyper — Orange. Mr. Adrian Bancker — Richmond. Mr. Paulding — Westchester. Colo. Wm. Williams — Cumberland. Mr. Tredwell— Suffolk. Colo. Morris Graham — Dutches. Mr. Leffertse — Kings. Ordered, That the barrack master be, and he is hereby authorized, to supply all the troops which are already or shall hereafter arrive, as also those that may be ordered to Kings county, with the necessary barrack furniture and utensils, as far as those which he has already provided and in store will enable him to supply them with. Ordered, That the barrack master assist Colo. Brewer in providing proper stores for storing provisions and other necessaries for the use of the Continental troops in this city, and that the barrack master be authorized to demand the keys of such stores as he thinks best calculated to an- swer the purpose ; and further, that he be authorized to enter and take possession of all such stores and deliver them to the care of Colo. Brewer, or his order. A letter from General Thompsson was read and filed, and is in the words following, to wit : " Gentlemen : — Please to give Mr. Hugh Huges, commissary of military stores, an order for 10,000 flints, and two tons of lead, on the person who is entrusted by you with those articles, and you will much oblige " Yr. very hble. servant, " WM. THOMPSON, Brigr. Genl. "New-York, March 26, 1776. " To the Honble. Committee of Safety." Ordered, That Mr. Richard Norwood, Commissary, de- liver to Mr. Hugh Hughes 10,000 flints, and two tons of lead, and that Mr. Norwood take Mr. Hughes' receipt for the same, on Continental account, as being ordered by the Continental general for Continental troops. John Van Ness, Esqr. colonel of the first minute regi- ment of Dutchess county, being deceased, whereby the command of that regiment has devolved on Cornelius Humphrey, Esqr. lieutenant-colonel of that regiment ; and Mr. Humphrey being now here in actual service with the said regiment, or a part thereof, and recommended as well qualified to be colonel of the said regiment ; Ordered, That Cornelius Humphrey be appointed co- lonel of the said regiment of minute men in the place of John Van Ness, Esqr. deceased, and that a commission issue to him accordingly. Mr. Thomas Lefoy, who served as a lieutenant in Capt. Wynkoop's company in the last campaign, being unpro- vided for, and the first lieutenancy of Capt. Ambrose Hor- ton's company being yet vacant, Ordered, That a warrant issue to the said Thomas Le- foy, to be first lieutenant in Captain Horton's company, and the same was issued accordingly. 4 ho. P. M. March 28th, 1776. The Committee met pursuant to adjournment. Present — Mr. Wm. Paulding, Chairman. Mr. Cuyper — Orange. Mr. Moore — Tryon. Mr. Everson, Colo. Morris Graham — For Dutchess. 390 JOURNAL OF THE COMMITTEE OF SAFETY. Mr. Leffcrtse— Kings. Win. Williams— Cumberland. Mr. Tredwell— For Suffolk. Mr. Paulding— For Westchester. Mr. Ad. B&ncker — Richmond. A letter from Mr. Abraham Livingston, requesting that permits might be given to his drovers, who are employed to purchase beef cattle, to enable him to supply the army with provisions, was read and filed. Ryer Schemerhorn, a person who has contracted with Mr. Livingston, or is by him employed, applied for a certi- ficate ; whereupon a certificate was given to Ryer Sche- merhorn, in the words following, to wit : " The bearer hereof, Mr. Ryer Schemerhorn, having contracted with Mr. Abraham Livingston, (the contractor for supplying the Continental troops in this city with the rations allowed by Congress,) with a quantity of fresh beef ; and the said Ryer Schemerhorne being under a necessity of going into the different parts of this Colony, as well as into the Colony of Connecticut, to purchase and procure cattle to fulfil his said contract ; it is therefore recommend- ed that he be suffered to pass and repass with such cattle as he may be able to procure, unmolested. " To the Committee, and to every friend of liberty in the United Colonies." " Ordered, That the Secretaries give similar passports to Mr. Livingston's other drovers. A letter from Mr. John Berrien, one of the commission- ers for erecting fortifications in the Highlands, was read and filed, and is in the words following, to wit : "New-York, 26lh March, 1776. " Gentlemen — I have to request that you will furnish me with an order on the Treasurer for the sum of five hun- dred pounds on account, to enable me to discharge sundry debts contracted for ordnance stores, bricks, shingles, boards and plank, intrenching tools, &c. for the use of the fortifications in the Highlands. " I am, very respectfully, " Your obedient humble servt. "JOHN BERRIEN. " To the Honourable Committee of Safety for the Colony of New-York." Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, ad- vance to Mr. John Berrien, commissary for the commis- sioners for erecting fortifications in the Highlands, and one of the said commissioners, the sum of five hundred pounds on Continental account, to enable him to discharge sundry debts contracted for ordnance stores, brick, shingles, boards and plank, intrenching tools, and other necessaries for the use of the said fortifications. A return for a great number of commissions from Fre- dericks Burgh, in Dutches county, for the militia officers in that district, was read and filed, and is in the words follow- ing, to wit : " Fredericksburgh in Dutches county, March 15th, 1776. "Pursuant to a resolve of the Provincial Congress of New-York, passed the 9th of August, 1775, the Committee proceeded to call together the several companies of militia in this precinct, for a choice of officers, as follows : "Beat No. 1. — Friday March 8th, the company did meet, and under the inspection of Joshua Myrick, Daniel Mertine and David Myrick, three of the committee, did choose Ebenezer Robinson, capt.; Nathaniel Scribner, 1st lieut.; Hezekiah Mead, Junr. 2d lieut.; Obadiah Chase, ensign. " Beat No. 2. — Monday March 11th, the company met, and under the inspection of David Waterbury and Moses Richards, two of the committee, did elect David Water- bury, capt.; Isaac Townsend, 1st lieut.; Jonathan Webb, 2d lieut.; Timothy Delavan, ensign. " Beat No. 3. — September 20th, 1775, the company met, and under the inspection of Jonathan Paddack, Sime- on Tryon, David Crosby, three of the committee, made choice of Jonathan Paddack, capt.; Jeremiah Burges, 2d lieut.; Joseph Dykeman, ensign. — N. B. Simeon Tryon is since appointed a lieutenant in the Continental army. "Beat No. 4. — Tuesday, March 12th, the company of met, and under the inspection of Solomon Hopkins, David Myrick and David Smith, did elect John Crane, capt.; Elijah Townsend, 1st lieut.; David Smith, 2d lieut. and John Berry, ensign. " Beat No. 5. — Wednesday, March 13th, the company met, and under the inspection of Solomon Hopkins and Joshua Myrick, two of the committee, did elect William Colwell capt.; Joel Mead, 1st lieut.; Stephen Ludinton, 2d lieut. and David Porter, ensign. " Beat No. 6. — Thursday, March 14th, the company met, and under the inspection of Isaac Chapman and Joshua Crosby, two of the committee, did choose David Hecock, capt.; William Calkin, 1st lieut.; and Moses Sage, ensign. " The above gentlemen are all persons of respectable characters, have been friendly to liberty, and have signed the general association recommended by the Congress. " By order of the committee, " DAVID SMITH, Chairman pro tempore. " A true copy. Test " Joshua Myrick, Clerk. " N. B. Increas Bennet afterwards refused to serve as lieutenant." A letter from the committee of Suffolk county, bearing date the 27th day of March instant, relative to assistance of troops and a magazine of provisions, was read and filed ; and a resolution of the said county committee to send an express with their letter, and appointing persons to pur- chase provisions, were respectively read and filed,, and are in the words following, to wit : " Suffolk county, March 21th, 1776. " Sir — Whereas the east end of Long island is in a very defenceless situation, and much exposed to the rava- ges of the Ministerial army, which now are distressing these Colonies ; and as they have now quitted the town of Boston, we are very apprehensive they may attempt to get possession of this part of the island, which they may easily effect under our present defenceless situation, and which would be of great importance to them. We therefore think it necessary that a number of troops should be sta- tioned there, which we presume you, in your wisdom, will think a proper measure. If so, we depend you will apply to the commanding officer of New- York for that purpose, and as a quantity of provisions will be absolutely necessary for the support of such troops, and as a supply may now be had in the county, and laid up as a magazine for that purpose ; and as little or no loss will probably attend the laying up such a store, therefore we hope you will direct that a suitable quantity may be purchased and deposited in such place or places in this county, as you shall think pro- per ; otherwise we are apprehensive that such provisions will soon be exported from this county. " We are, gentlemen, with respect, " Your most obedt. humble servts. " Signed by order of committee. "WM. SMITH, Chairman." "In Suffolk County Committee,? " March 21th, 1776. 5 " Resolved, That an express be sent to the Committee of Safety at New-York, to take their resolve upon the ex- pediency of purchasing provisions in this county for the use of the troops that may be ordered or stationed in this county ; and that Jesse Brush, Samuel Philips, Phi- nehas Fanning, Mallby Gelston and Burnett Millar, be a sub-committee to put the resolve of the Committee of Safety respecting the same into immediate execution. " By order, "WM. SMITH, Chairman:' JOURNAL OF THE COMMITTEE OF SAFETY. 391 DIE VENERIS, 10 ho. a. m. March 29th, 1776. The Committee met pursuant to adjournment. Present — William Paulding. Esqr. Chairman. Mr. Prince — For New-York. Mr. Paulding- — Westchester. Mr. Moore — Tryon. Mr. Tredwell— For Suffolk. Mr. Cuyper — Orange. Colo. Wm. Williams — Cumberland. Colo. Morris Graham, Mr. Eversen — Dutches. Mr. Leflertse — Kings. Colo. Wm. Williams came to take leave of the Com- mittee and departed before Mr. Tredwell came in ; and therefore the Committee, though they spent the whole morning in considering and preparing different matters, could not do any acts to be entered on the minutes, for want of a quorum. Adjourned till this afternoon, 4 o'clock. Die Veneris, 4 ho. P. M. March 29th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esqr. Chairman. Colo. MeDougall, Mr. Prince, Mr. Scott, Major Stoutenburg, Mr. Van Zandt — For New-York. Mr. Leflertse — Kings. Mr. Tredwell— For Suffolk. Mr. Paulding— Westchester. Mr. Moore — Tryon. Mr. Eversou— Dutchess. Mr. Cuyper — Orange. Mr. Bancker — Richmond. Mr. Pat. Sinclair attended to get permission to go on board of the Packet. As the port master is gone down to the ships, Mr. Sinclair was requested to call to-morrow morning. Mr. Nichs. Low informed the Committee that the sloop James, Richd. Puller master, with provisions for the West Indies, in return for military stores imported, is ready to sail, and requests a permit. Ordered, That the sloop James, Richd. Puller master, be permitted to sail, and it is recommended to all friends to American liberty to afford every necessary aid to the said sloop and master. Colo. Ephraim Martin, from Essex county in New-Jer- sey, delivered in a return of the following barrack neces- saries wanting for his regiment of militia, and which he says he can not obtain by purchase or otherwise, but by order of this Committee to Colo. Curtenius. Ordered, That Colo. Curtenius deliver to Colo. Ephraim Martin 50 bowls, some large and others small, and 228 spoons for the use of his regiment, on Continental account, and take Colo. Martin's receipt for the same. A return or memorandum, signed by Capt. Peter Dicker- son, requesting some order that may procure him dishes and spoons for the use of his company, in Colo. Dayton's regiment from New-Jersey was read. Ordered, That Colo. Curtenius supply, on Continental account, twenty dishes or bowls, some large and some small, and eighty-six spoons, for Capt. Peter Dickerson's company, of Colo. Dayton's regiment from New-Jersey, and that Mr. Curtenius take a receipt for the same. A long letter from Messrs. Palmer and Livingston, two of the commissioners at the fortifications in the Highlands, on the subject of provisions, rum for fatigue men, and other matters, was read, and is in the words following, to wit: " Fort Montgomery, March 28th, 1776. " Gentlemen — Fourteen days ago we began at this post, with carpenters and masons, and have our buildings now in a fine way. Our store-house is completed, and a barrack of eighty by twenty feet will, in a few days, be so far finished as to receive one hundred and sixty men. Our bake-house also almost finished, and a quantity of fascines made, so that we shall soon begin to erect the battery ; we have now here about one hundred and forty men, and ex- pect one company more in two or three days ; the greater part have been at this post about six days, quartered in vessels. But the disaffection of the soldiers, with respect to their provisions, is so great that they will soon refuse their duty as labourers, and even now do not half the labour that might reasonably be expected from the numbers we have here, as they have nothing more of the several spe- cies of provision allowed a soldier than pork and bread ; this added to their uncomfortable situation on board the sloops makes them very uneasy and mutinous ; we have used our utmost endeavours, with the influence of their offi- cers, to quiet them, by telling them they will soon be bet- ter provided for. But we see no likelihood of that, as re- peated applications have been lately made to the commis- sary at Albany, and the deputy commissary, (Mr. Phelps,) now at Fort Constitution, and all to no purpose ; we are, therefore, under the necessity of applying to you, and beg that you will immediately give such orders to the contrac- tors and deputy commissary that this post may be supplied with every species allowed to make the full rations to each soldier ; and if it can not soon be done in that way, your order to us to supply the troops here will be sufficient, as every necessary wanting is to be had in great plenty. We beg you will not pass over this application unnoticed, for in case the soldiers are not better provided for they will not labour, and when that is the case it can not be expect- ed that we can carry on the work. " Capt. Andrew Billings we have sent with this, who will be able fully to state the deplorable situation of the troops here, if the Committee will call on him, which we beg they may do ; and if he returns without a remedy, it will then be out of our power to give them any kind of satisfaction. " The soldiers know the errand Capt. Billings goes on, and the expectation of relief on his return keeps them from mutinying, and we have reason to think from quitting the post in a body ; at least the greater part of them. " Sentiments of humanity as well as sound policy con- strain us to add, that in a plentiful country it is cruel not to provide well for those men that step forth to defend the rights of their country. Our common enemies, the tories, take the advantage of it, and secretly retard the recruiting companies filling, which for that and other reasons goes on slowly. " We are sensible that the above application to your body is not strictly proper, yet as necessity has and must war- rant many things which have imposed themselves on you, we make the present application with full confidence that some immediate relief may be had in the premises ; we would beg leave to add that rum is an article very much wanting for the fatigue parties. If a supply of that could be immediately sent up it would have a very good effect ; in case a sufficiency cannot be provided, if we have orders, a plenty of cider and beer can be had, which would an- swer perhaps as well. " We send enclosed a copy of an affidavit which proves the assiduity of our enemies, and the necessity of a watch- ful eye on all their motions. " In consequence of the resolve of the Provincial Con- gress of the 8th instant, to which we beg to refer, we have called chiefly Continental troops to this post, thinking they are most to be depended upon ; those troops, we think, are and ought to be under our sole directions, as to the work that is to be done. As to what little military parade that is at present necessary, we conceive the eldest captain here 392 JOURNAL OF THE COMMITTEE OF SAFETY. abundantly sufficient ; the present body being merely a working party. " We are, gentlemen, with much esteem, " Your very humble servants, " GILBERT LIVINGSTON, " THOS. PALMER. "To the Chairman of the Committee of Safety, N. York." DIE SABBATI, 10 ho. a. m. March 30th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esqr. Chairman. Colo. Scott, Mr. Prince, Major Stoutenburgh, Mr. Helme— For New- York. Mr. Lefl'ertse— Kings. Mr. Tredwell— For Suffolk. Mr. Cuyper— Orange. Mr. Adn. Bancker — Richmond. Mr. Everson — Dutchess. Mr. Paulding — Westchester. Mr. Moore — Tryon. Colo. McDougall informed the Committee that Colo. Trumbull, the Commissary-General, stood in great need of some place to store provisions in. Colo. McDougall further informed the Committee that the cellars of the hos- pital are well calculated for the purpose. Ordered, That Colo. Trumbull, commissary of provi- sions, be and he is hereby authorized and empowered to take possession of the cellars of the hospital in this city, and make use of the same for the purpose of storing pro- visions and other articles in his department. A certificate of Doctor Jones was read in the words fol- lowing : " This is to certify, that Mr. Gerards. G. Beekman is by my advice going to Bristol in Pennsylvania, in order to drink the mineral waters of that place for the benefit of his health, which for some time past has been sensibly impair- ed. Dated in New-York, March 28th, 1776." Mr. Beekman requested a passport that he might be per- mitted to go to Bristol and return unmolested. There- upon the following certificate was given Mr. Beekman. " It is hereby certified that Mr. Gerard G. Beekman is permitted to go to Bristol for the benefit of his health ; that he is a friend to the cause of American liberty. It is there- fore recommended to all the friends of liberty to suffer him to pass unmolested." Ordered, That Mr. Josh. Pots be permitted to go on board of the packet (with the port master,) to procure a passage to England, he having been sworn that he will not convey any intelligence relative to the fortifications erect- ing for the defence of this city and Colony. Ordered, That the general committee of the city of New-York, or their sub-committee, be and they are here- by authorized to permit Paul Pincknam to lade on board the sloop Royal County, such provisions as he may want, (beef and pork excepted,) and take the same to Falmouth, in the Colony of the Massachusetts Bay. Capt. Andrew Billings of Dutches county attended and was admitted, He informed that his company is nearly completed, and (except a few men at work or on duty in one of the minute regiments now at New-York,) are now on duty at the fortifications in the Highlands ; that many of his men have been enlisted a considerable time, and that he stands in great need of cash to pay his men that they may be enabled to purchase necessaries. Ordered, That Capt. Billings and the privates and non- commissioned officers of his company be considered as part of the four regiments raising in this Colony for Conti- nental service. And, Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, ad- vance to Capt. Andrew Billings the sum of three hundred pounds on account, to be by him applied toward the pay of his company, as above mentioned, and that the said Treasurer take Capt. Billings' receipt for the same. Ordered, That Colo. Curtenius, Commissary of the Provincial Congress, deliver to Capt. Andrew Billings for his company in the Continental troops raising in this Co- lony the following articles, vizt : 30 wooden bowls, 86 wooden spoons, 86 frocks, 86 pair of shoes, 86 hats, 14 iron pots, 86 canteens, 4 do. for officers, 86 pair yam homespun men's hose, 86 soldiers and 4 officer's blankets, 1 drum and fife ; and that he also deliver to Capt. Bil- lings the like quantity or number of each article (except blankets and hose) for Capt. Jacobus Rosekrans' company; and that Mr. Curtenius take Capt. Billings' receipt for the same. A letter from Capt. John Grennell to Thomas Tredwell, Esqr. dated the 27th March, resigning his warrant as a captain of artillery in the Continental service, and declin- ing the service, was read and filed. Major Sebastain Beauman having signified his willing- ness to render any services in his power for the defence of the liberties of this country : This Committee reposing especial confidence in his patriotism, valour, conduct and fidelity, think him well qualified to command an artillery [company] in the Continental service. Resolved and Ordered, That Sebastian Beauman, Esqr. be and is hereby appointed captain of the Continental com- pany of artillery ordered to be raised in this Colony, which company Mr. Beauman is hereby authorized and requested to enlist with all possible despatch. A draft of a letter to the commissioners erecting the for- tifications near Pooplopen, in answer to theirs of the 28th, was read and approved, and is in the words following, to wit : " In Committee op Safety, ) "New-York, March 30th, 1776. S " Gentlemen — We are favoured with your letter of the 28th instant. In answer thereto, we inform you that Mr. Abraham Livingston has, some days ago, contracted to supply the troops at the posts in the Highlands, with the rations allowed by Congress. " Mr. Livingston has a vessel with necessaries and a com- missary ready to go up to the Highlands, and you may as- sure the troops that they will be supplied with every part of the rations allowed by Congress, that can reasonably be procured, as soon as wind and weather will permit. This supply has some days ago been attended to, and no un- avoidable delay will be made. " Rum for fatigue parties, in our opinion, can not easily be obtained at present, beside the price is exorbitant. The commissary will furnish the troops with a quart of spruce beer per man per day, or the molasses allowed by Congress ; if you find it necessary to make a farther al- lowance of beer or cider, you are hereby authorized to pro- cure and allow the fatigue men one quart of small beer or cider per man per day. But we beg leave in this matter to recommend frugality as much as is consistent with the good of the service, as an extra allowance to fatigue men is not by order of Continental Congress, and may there- fore be a Colony charge. " We approve of your calling in the Continental troops as fast as possible. " Colo. Nicoll was appointed to command at the forti- fications in the Highlands, in pursuance of an intention of Continental Congress that a gentleman of that rank should command there. We doubt not but you will receive his aid by commanding and inspiriting the men at the works, as he is answerable for their defence in case of an attack. "We have not heard any objections to Colo. Nicoll's conduct as an officer or a gentlemen, therefore we can not without injustice abridge his appointment. " The Continental Congress having thought that those posts should be commanded by an officer of that rank, we do not allow ourselves to have any conceptions on that JOURNAL OF THE COMMITTEE OF SAFETY. 393 subject, holding it our duty in this instance to obey and not to dictate. " We are, respectfully, gentlemen, " Your very humble servants." The Committee considering of the best method to pre- serve the stock on Staten island, if a fleet should arrive and attempt depredations, are of opinion that it should be removed to Jersey, on any appearance of an enemy. Ordered, That Mr. Bancker get two good scows built, to have them in readiness to remove stock, or ferry troops to that island. Thereupon A draft of a letter to the committee of Richmond county was read and approved of, in the words following : "In Committee of Safety, ? " New-York, March 30th, 1776. $ " Gentlemen — The ministerial army and navy having been obliged to desert Boston, and much in want of fresh provisions, we are under great apprehensions they may come this way, and make, or attempt to make, depreda- tions on the stock in your island, before the necessary aids could be sent to you. " We are anxious for the preservation of the stock of your island. The best method that we can devise is, for the owners to procure places for their stock in Jersey. We therefore earnestly recommend to you to advise or di- rect the inhabitants of your county to provide proper places in New-Jersey for the reception of their live slock, and on the approach of an enemy, or any proper notification of danger to give directions to remove all the live stock in the said county (horses, working oxen, milch cows, and such as are within a month of calving, excepted,) to such places as they shall have so provided. " Humanity as well as our duty to our constituents and our desire to prevent every inconvenience or loss to them as far as in our power, induces us to wish that you would not suffer this matter to be neglected. We assure you that we have the best information, that if the preservation of your stock is not attended to by the proprietors, the Con- tinental forces on the first approach of real danger, will prevent the ministerial troops from having any benefit of it. We have authorized Mr. Bancker, one of our Depu- ties, to get two good scows built for assisting to remove stock when necessary. " We are, respectfully, gentlemen, " Your very humble servants, " By order. " To the Chairman and Members of " committee of Richmond county." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. A certificate or passport was given to Henry Hegeman, a drover, employed by Mr. Abraham Livingston the con- tractor for the troops, to procure cattle and live stock, a copy whereof is filed. And similar passports were also given to several em- ployed by Mr. Ab. Livingston, as drovers. Die Sabbati, 4 ho. P. M. March 30th, 1776. The Committee met pursuant to adjournment. Present— William Paulding;, Esqr. Chairman. Colo. Lott, Major Stoutenburg, Mr. Prince, Colo. McDougall— For New- York. Mr. Adn. Bancker — Richmond. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Moore— Tryon. Mr. Everson— Dutchess. Mr. Paulding — Westchester. Ordered, That Messrs. James Campbell, Joseph Potts and John Lloyd be permitted to go on board of Govr. Try- on's ship and the packet, (with the port master) to inquire whether they can procure a passage to England, with per- mission to return on shore if they should not be able to procure a passage, or if the said packet should be likely 99 to sail soon, they having been sworn that they will not convey any intelligence relative to the fortifications erect- ing for the defence of this city and Colony. Ordered, That Mr. Stephen Rapalye be permitted to go on board His Majesty's ship Phoenix, with the port ma- ster, to demand his schooner lately seized by order of Captain Parker, he having been sworn that he will not convey any intelligence relative to the fortifications erecting for the defence of this city and Colony. The Committee took into consideration the resolution of the Provincial Congress empowering them to contract for 5,000 stands of arms. Thereupon a draft of an advertisement was read, and is in the words following, to wit : " The Provincial Congress of this Colony having em- powered this Committee to contract for a number of mus- kets, (to be manufactured in the Colony,) public notice is hereby given, that this Committee are ready to receive proposals from, and treat with, any person or persons who are willing to engage in manufacturing good muskets or the locks, barrels or any necessary parts thereof, and re- quest all persons who choose to engage to be speedy in their proposals." Ordered, That the aforegoing be published in all the public newspapers in this Colony. Colo. McDougall informed the Committee that the men enlisted in his regiment stood in need of some cash to pur- chase necessaries, and that a large sum is due to his regi- ment. Thereupon, Ordered, That Peter Van Brugh Livingston, as Trea- surer of the Provincial Congress of this Colony, advance to Colo. McDougall on account in part of pay for his regiment, the sum of one thousand pounds, and lake a receipt for the same on account. A letter from Genl. Thompson was read and filed, in the words following, vizt : " Gentn. — A number of troops are arrived and more are hourly expected who must be quartered in the city, and as I understand that many of the inhabitants who have quitted the town have left part of their furniture in their houses, I must request that you will give such directions as you may judge best for securing the property of those people whose houses are or shall be occupied as barracks for the troops ; and you will much oblige, " Gentn. your most obedt. hum. servt. " WM. THOMPSON. "New-York. 30th March, 1776. '•' To the Committee of Safety." Warrants issued to Wm. Dunn, 2nd lieut. and Jno. Gar- rison, ensign, in Capt. Ambrose Horton's company. DIE LUNiE, 9 ho. a. m. April 1st, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman pro tern. Mr. Sands, Mr. Denning, Mr. Van Cortlandt, Colo. McDougall, Colo, Brasher — For New-York. Mr. Leffertse — Kings. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Adn. Bancker — Richmond. Mr. Everson — Dutchess. Mr. Paulding — Westchester. Mr. Moore — Tryon. A letter from Colo. Jonathan Hasbrouck, dated at New- burgh, March 20th, 1776, containing a statement of his regiment of militia in Ulster county, was read and filed. " Newburgh, March the 20th, 1776. " A true state of the regiment of militia in the county of 394 JOURNAL OF THE COMMITTEE OF SAFETY. Ulster, whereof Jonathan Hasbrouck is colonel, consisting of eleven companies. " My whole regiment consists of six hundred and eight (608) men, officers included ; likewise four hundred and fifty (450) firelocks, two hundred and ninety-three (293) swords, one hundred and eighty-eight (188) cartridge box- es, thirty-two (32) pounds of powder, one hundred and twenty (120) pounds of lead. " A true state of my regiment after the fourth man was selected as a minute man, according to the resolves of your Honourable House, given under my hand the day and date above mentioned. « J. HASBROUCK, Coll" A letter from Henry Wisner, Esqr. informing the Com- mittee of the progress of his powder mill, was read and filed, (see same letter again mentioned on the following page and there copied.) A letter from Brigadier-Genl. Heath was received and read, and is in the words following, to wit : " City of New-York, April 1st, 1776. " Gentlemen — I find myself necessitated to request of you two thousand and twenty-five dollars and five-ninths of a dollar, for Continental purposes. " I am, gentlemen, with esteem, "Your most humble servt. " WM. HEATH, Brigr. Genl. " Committee of Safety, New- York." Thereupon, Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, ad- vance to Brigadier-Genl. Heath the sum of two thousand and twenty-five dollars and five-ninths of a dollar for Con- tinental purposes, and take a receipt for the same on Con- tinental account. A letter from John Haring, Esqr. dated Orange Town, March 28th, 1776, enclosing Colo. Lent's commission and resignation, was read and filed. " Orange Town, March 28lh, 1776. " Sir — Col. Lent was with me the evening before last, and appeared to be much out of humour on account of the late behaviour of part of his regiment. He says that his orders have been treated with contempt and himself slan- dered by those from whom he expected assistance. " The colonel has for a number of years last past been a militia officer, and I believe we never had one who was more punctual in obeying and performing the orders of his superiors, and he consequently expected that those under his command should also obey him ; but by experi- ence he finds that he cannot get the orders of Congress, which from time to time issue, properly expedited ; and he is apprehensive that if he continues in office any longer he will be censured by his superiors as well as blamed by his inferiors. " The Orange Town regiment is chiefly composed of such as know but little of the English language and no- thing of military affairs, wherefore I must impute their backwardness and delays to ignorance and ill-founded jea- lousies of being imposed upon by their commanders, and not to disaffection. " The commission of the Colonel, together with his re- signation, you have enclosed ; he brought the commission to me, and would not be prevailed upon to take it home again, so that I thought it my duty to send it to you by the first opportunity. " The command of the above said regiment now de- volves upon Lieut. Col. Blauvelt. I am fearful that Lent's resignation will be followed by others, but I shall do all that is in my power to prevent it. " I am, sir, " Your most obedient and very humble servant, "JOHN HARING. " To the Chairman of the Committee of Safety, New-York." The said resignation was also read. " To all to whom these presents shall come or may concern : " Whereas I, the subscriber, have some time since been commissioned by the Honourable Provincial Con- gress of the Colony of New-York to be colonel of the re- giment of the militia foot in Orange Town : And where- as I have been much blamed and slandered, by some officers and others in said regiment, for giving orders in pursuance of a late resolve and order of said Congress, I have thought proper to resign my said commission, and accordingly do resign the same, choosing rather to serve as a private, than command people who are prejudiced against me. " Given under my hand the 26th day of March, A. D. 1776. " ABRAHAM LENT." A letter from Govr. Trumbull, dated 22d March, 1776, enclosing Mr. Hopkins' report on the lead mines at New- Canaan, was read and filed. " Lebanon, 22d March, 1776. " Sir — Eliphalet Dyer and Wm. Williams, Esquires, are authorized and empowered by the Governor and Council appointed to assist him in the recess of the General As- sembly, to move your body to grant this Colony, for its use, the loan of such a number and sizes of cannon as you can spare without detriment, which if granted, the return of them or their value shall be secured. The reason of this application is, that we have under- taken to set the furnace at Salisbury in blast to cast cannon, &c. for use at this important crisis of public af- fairs ; that the hearth is laying, ore, coal and every other necessary preparing ; workmen provided for every part of the business, and hope to begin by casting cannon in all next month, or early in May. " They can with greater ease be transported to New- York, and used where needed, than brought here ; in the mean time, fearing our necessity of cannon for use before this work can be effected, and apprehending that a great number, of various sizes, may be spared from your Colony, without injury to the common service, do therefore hope for a compliance with our motion. " This Colony has been exploring lead mines ; one at Middletown is opened, fifty or sixty tons of ore raised, a smelting furnace built there, and expect thirty or forty tons of lead to be run out soon. " A committee appointed by our Assembly in Octr. last to explore and examine a lead mine at New-Canaan, in your Colony, made report at our session in December last. Copy thereof is enclosed. If worthy your attention, and ore raised there, the furnace at Middletown may serve for smelting what is raised at both places. Any service we can render your Colony, in that or any other instance, will be done with pleasure. " I am with great truth and regard, sir, " Your most obedient, humble servt. " JONTH. TRUMBULL. " To the Honble. Nathl. Woodhull, Esqr." Ordered, That Mr. Norwood, the Commissary of Co- lony military stores, deliver to Colo. McDougall, or his order, three thousand two hundred flints, for the use of his regiment. The Committee being applied to for an order to obtain rum for the men on fatigue parties at Home's Hook, Ordered, That Mr. Abraham Livingston, in pursuance of the resolution or order of the Provincial Congress of the twentieth day of February last, henceforth continue to is- sue (until further ordered) a gill of rum per day, for each of the men of the minute regiments at Home's Hook, when on fatigue. And Ordered, That the commanding officer at Home's Hook, for the time being, from time to time deliver to Mr. Abra- ham Livingston exact lists of the men on fatigue at that post, and that the commanding officer, and each of the JOURNAL OF THE COMMITTEE OF SAFETY. 395 other officers, take especial care that no rum be issued but to men on fatigue. Ordered, That the Treasurer of the Provincial Congress of this Colony, be and he is hereby authorized to advance to the auditors or committee of the pay-table, or their or- der, any such sum or sums, from time to time, as they may think proper, and keep a separate account or memo- randum thereof, until they include the same in some au- dited accounts, so as that the said moneys may then ap- pear in the general accounts. A return of the captains and subalterns of the four com- panies of militia in Richmond county, signed by Christian Jacobson, chairman of the committee, was read and filed. Ordered, That commissions issue agreeable to the said return ; likewise, that the field officers' commissions issue agreeable to the said return received and read March 27, ulto. A letter from Henry Wisner, Esqr. dated Goshen, 28th March, 1776, was read and filed. " Goshen, 28th March, 1776. "Dear Sir — Some days ago my son received a letter from you, desiring him to inform you what quantity of powder we had then made, what quantity we could make per week, and what quantity of materials we had by us. But as we had at that time but just began, he could only have given a partial answer, and, therefore, omitted giving an answer till we had made further trial, and to which I now have to inform you that we had made, before the 1 2th of this instant, only 200 weight; the first week after that time, we made 800 weight ; the second week we made 1,100 weight, and I believe this week we shall make out 1,200, so that I believe by Saturday night we shall have some better than 3,000 weight. We have tried the quality of it by shooting with a gun. Several of our gunners have tried it, and all say it is of the best quality. As to mate- rials, we have saltpetre enough to work about two weeks only ; we have had a promise of ten tons, to be sent from Philadelphia, which was sent as far as Bordentown several months ago, and was to have been sent forward to our works. I wrote twice to the Congress about it, though the last letter they cannot have received. I hope they willl soon send it. As to sulphur, I cannot say what quantity we have ; part of it is at New-Windsor ; I wish more might be had ; I believe we have not got much. "I have made application to the committee of our county for liberty to build a mill in our county ; on the encourage- ment given by your honourable board I believe I shall suc- ceed ; if so, I make no doubt but will build one to make a ton a week, and more if necessary. I shall be glad of your assistance in procuring materials. I wish you would direct what we shall do with the powder as fast as it is fit for being sent off. " As powder is an article that will take a considerable time to dry, especially at this time of the year, so that we shall have in the drying house at least 2,000 weight all the time. In that case, query, whether there will not be dan- ger of some tory setting fire to it in the night by firing the house 1 If so, query, whether it would not be right to keep a guard 1 As the powder all belongs to the public, query, whether the expense ought not to be borne by the public ? I should be glad of an answer by the first oppor- tunity. " I am, with the greatest regard and esteem, " Your assured friend and humble servant, "HENRY WISNER. " To the President of the Provincial Congress, or Chairman of the Committee of Safety, at New-York. " P. S. If you should think proper to order a guard, I believe 4 men would be sufficient for the purpose. I hope you will excuse this scrawl ; I should have copied, but have only 3 half sheets more of paper, and do not know where to get the next." A draft of an answer to the letter of Henry Wisner, Esqr. was read and approved. " In Committee of Safety, ? "New-York, 1st April, 1776. J " Sir — Yours of 28th ultimo, in answer to a letter wrote to your son by the Provincial Congress, is come to hand. It gives the Committee of Safety great pleasure that you have so fair a prospect of manufacturing the article of gun- powder, and doubt not but you will meet with every en- couragement which, with the approbation of your country, must be very pleasing. We think, that as fast as your powder is cured, it [should] be put up properly and con- veyed to Fort Constitution, where it will be safe, you tak- ing a receipt from the commissioners at that fort for the dif- ferent parcels you deliver them. " In answer to that part of your letter relating to a guard, if it be necessary, your application must he made to the commander of the Continental forces for the purpose, as, you observe, the powder is the property of the Con- tinent. " We are, &c. " By order. " Henry Wisner, Esqr." Ordered, That the same be engrossed and transmitted. The Committees of Safety being informed that com- missaries are appointed for all the Continental troops ordered to this city, who are fully supplied with, and have provided large quantities of provisions, and that Mr. Abra- ham Livingston, the contractor, has also laid up considera- ble quantities of provisions, are of opinion that a large magazine in Westchester will not be absolutely necessary. Therefore, Ordered, That Colo. Gilbert Drake and the other mem- bers of Westchester county, do not purchase any more provisions until farther order, and that they return with all convenient speed to this committee an account of all the provisions they have purchased, and in what stores they are placed. A letter from Brigadier-General Heath, was received and read. He therein mentions that a sloop is arrived from Albany with a number of women and children and baggage taken at St. John's, and sent here by Cenl. Schuyler, on their way to New-Brunswick, that the captain was fearful of going to Brunswick lest his vessel might be detained by the ships of war on his return, and he requests the com- mittee to take the management of obtaining a pass from Capt. Vandeput, for the sloop to go to Brunswick and re- turn, which he doubts not will be readily granted, as it will obtain every convenience for the prisoners. Ordered, That a member wait on the General and inform him that there are boats here from Brunswick who will readily receive the prisoners and baggage and carry them to Brunswick, and that he request the General to order the prisoners and baggage to be sent by those boats. Die Lun^!, 4 ho. P. M. April 1st, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esqr. Chairman pro tern. Mr. Sands, Major Stoutenburg— For New-York. Mr. Adn. Bancker — Richmond. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Moore — Tryon. Mr. Everson — Dutchess. Mr. Paulding — Westchester. Abner Briggs attending, produced a certificate, which being read, was in the words following, to wit : " Barnstable, March 5th, 1776. " These may certify that the sloop Defiance, Abner Briggs master, is bound to New-York, or Connecticut, in order to purchase 50 barrels of pork, fifty barrels of beef, thirty firkins of hogs lard, ten firkins butter, five hundred bushels of corn or rye, fifty bushels beans, four hundred weight cheese, all which is wanted for the internal consumption of the inhabitants of Nantucket ; and the said Briggs is 396 JOURNAL OF THE COMMITTEE OF SAFETY. permitted to import said articles for the internal use of the inhabitants of said island. " DANIEL DAVIS, " RICHARD BAXTER, " DANIEL TAYLOR, " Justices of the Peace for the county of Barnstable." Thereupon, Ordered, That Abner Briggs be permitted to purchase the articles mentioned in the within certificate, and export the same to Barnstable, for the purpose mentioned in the said certificate. Simeon Deane, attended with a copy of an agreement, dated the 11th Jany. last, between Samuel Ward, Ben- jamin Franklin and others, a committee of secrecy of the Continental Congress, and Silas Deane and Barnabas Deane of the Colony of Connecticut, authorizing them to ship the produce of the United Colonies to proper ports in the foreign West Indies, and in Europe, to the amount of thirty thousand dollars, with an appoinment thereon, dated the 21st of January, to Simeon Deane, to carry the said contract into execution. Simeon Deane informed the Committee that he has had separate permits from Mr. Ray, and other gentlemen of this city, as a sub-committee of the general committee of the city, but that the whole exports in consequence of the agreement, do not much exceed half the sum permitted to be exported, and requested a farther permit for 230 bar- rels of flour. Ordered, That the general committee of the city of New- York, or the sub-committee of inspection and exporta- tions, be at liberty to permit Simeon Deane on account of the said contract, to export from New-Yoik to Connecticut, with design to be thence exported to some foreign port, 230 bbls. of flour, (on the usual terms or bonds on which he formerly exported,) in a sloop whereof John Reiley is master. Capt. Wm. Jackson from Ulster county attending, sent in a memorandum subscribed with his name, which was read and filed. He therein mentions that he has enlisted seventy-three men in the Continental service. Ordered, That Capt. Jackson inform the General that he has so many men ready for service. Capt. Abraham Riker made a return of the names and dates of enlistment of the men in his company, whereby it appears that he has enlisted only thirty-one men. The return is filed. A draft of a letter to the chairman of each county com- mittee where any troops are enlisting, was read and ap- proved of, and is in the words following, to wit : " Sir — We earnestly request you to send us the names of the officers recruiting in your county, for the Continen- tal service, and that you cause returns to be made to us immediately of the number of men already enlisted for each company. " We farther request you to direct the able bodied men that are or shall be raised at the time of your receipt here- of, to be sent to the city of New-York under a proper officer or officers, according to their number; and so from to time till the companies are full, except such troops as are, or shall be, ordered to the fortifications in the Highlands. "We are, respectfully, sir, " Your humble servants." Ordered, That a number of copies be engrossed, and signed, and one sent to the chairman of each committee. DIE MARTIS, a. m. April 2d, 1776. The Committee met pursuant to adjournment. Present -Wm. Paulding, Esqr. Chairman. Major Stoutenburg, Mr. Van Cortlandt, Mr. Sands, Mr. Denning, Mr. Beekman — For New-York. Mr. Adn. Bancker— Richmond. Mr. Tredwell— Suffolk. Mr. C'uyper — Orange. Mr. Moore — Tryon. Mr. Everson — Dutchess. Mr. Paulding — Westchester. The Honourable Hugh Wallace, being requested by some of the inhabitants to go on board the ships of war in this harbour, to use his influence with the commanders relative to their vessels seized by the ships of war; Ordered, That the Honourable Hugh Wallace, be and he is hereby permitted to go on board His Majesty's ships of war in this harbour. Ordered, That the port master be permitted to take with him on board the Governor's ship, for the use of the said ship, 1 box candles, 1 spar for a main yard, 2 galls, lamp oil, 561b. rosin, 2 galls, paint oil, 3 kegs lampblack, 1 cat block, 1 keg sugar, 2 kegs bread, 1 pr. slings, 1 small case of wine, 1 small box clothes and 1 box books for Mr. Bar- row, six qrs. beef for the Phoenix, 8 qrs. beef and 1 mut- ton for the Asia, 1 qr. veal and 1 of pork for the Go- vernor. Whereas barracks are necessary for the troops now arrived and daily arriving in this city, and cannot be ob- tained without placing them in houses much to the injury of the inhabitants remaining in the city, as well as with great detriment to the service : And whereas it appears to the Committee of Safety that the hospital in this city is a proper situation for troops, and that a number of troops must necessarily be posted there for the defence of the works there and of the city in general. Therefore, Ordered, That the governors of the hospital be request- ed to give directions to have the hospital put in a proper state for the reception of troops. And Ordered, That in case the said governors have not cash, Mr. John Stagg repairs the hearths in the hospital where wanted at Continental expense, and make them fit for the reception of Continental troops as soon as the governors of the hospital shall have given directions on the subject. Whereas the present guard of the first regiment of the city of New-York, where the records of the Colony are deposited, has, by experience, been found a very expensive Colony charge ; and although the Committee are of opi- nion that the guards hitherto employed in that service have great merit and are worthy of the highest confidence, yet they conceive themselves bound in duty to the good people of this Colony, to prevent every expense that can be saved : And Whereas the Committee are fully in- formed that Capt. Alexander Hamilton's company of ar- tillery raised for this Colony, now consists of so many men as that they may safely and easily perform that duty : Therefore, Ordered, That Capt. Hamilton be directed to place and keep a proper guard of his company at the Records, until further order, and that one of the Secretaries deliver a copy of this order to Colo. Lasher. Whereas, Some proper place is wanted and absolutely necessary to be procured wherein to place gunpowder, as it is thought imprudent and unsafe to keep all the powder that is or may be in the city in any one place, and it is suggested to the Committee of Safety, that the upper part of Mr. Henry Cuyler's sugar house will be a proper place for that purpose : Therefore, Ordered, That whoever has the present care and di- rection of the said sugar house be directed to place the utensils and materials therein in such proper or convenient places in the said sugar house as may allow the upper part thereof to be used as a magazine. That Colo. McDougall be authorized and is hereby authorized to see this order carried into execution, and thereupon the upper part of the said building be used as a magazine, for such purposes as the Commander-in-Chief of the Continental troops for the time being shall at any time direct. JOURNAL OF THE COMMITTEE OF SAFETY. 397 A draft of a letter to the Provincial Congress of New- Jersey requesting them to recommend sending speedy sup- plies to this market, was read and approved of, and is in the words following, to wit : " Sir — As the ships of war in our harbour are daily committing acts of piracy and depredation on vessels and property of the inhabitants of the United Colonies, we apprehend orders will soon issue for stopping all farther supplies to them. As such an event will also stop the inter- course by water between your Colony and us, we think it advisable that you immediately recommend to all persons supplying this Colony with any kind of necessaries to be as speedy as possible in sending their articless to this mar- ket, especially hay and fuel, as a great number of horses are daily expected from the eastward. " We are, sir, your very humble servts. " By order. " To Saml. Tucker, Esqr. President of " the Provincial Congress, New-Jersey." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. Die Martis, 4 ho. P. M. April 2d, 1776. The Committee met pursuant to adjournment. Present — Mr. William Paulding, Chairman. Mr. Sands, Capt. Denning, Colo. McDougall, Major Stoutenburg, Mr. John Van Cortlandt — For New-York. Mr. Tredwell— For Suffolk. Mr. Eversen — Dutches. Mr. Cuyper — Orange. Mr. Lawrence — Richmond. Mr. Moore — Try on. Mr. Paulding — Westchester. A letter from Brigadier-General Heath, was read and filed, and is in the words following, to wit : " City of New-York, April 2d, 1776. " Sir — I have an immediate call for 2400 musket car- tridges ; if you have them I shall take it is a favour if you will deliver that number to Major D. Hart, the bearer hereof. " I am, sir, with respect your most humble servt. "W. HEATH. " To the Chairman of the Committee of Safety, New-York." An order was thereon made in hcec verba. " Mr. Richd. Norwood. " Sir — Deliver on receipt hereof to Major De Hart 2400 musket cartriges on Continental account, to be replaced, and take his receipt for the same." Capt. William Jackson attended the committee yester- day, and informed that he had seventy-three men enlisted and ready for service, and requested directions where to proceed with his company. Ordered, That Capt. Jackson repair to Fort Constitu- tion with his company, and there put himself under the direction of Colo. Nicoll the commanding officer there. It was suggested to the committee that it would greatly encourage the enlistment of troops in the regiment raising in this city, if those already enlisted could be uniformed with frocks, and that it would be necessary to direct Mr. Curtenius not to deliver out any frocks until the further or- der of this committee. Ordered, That Colo. Curtenius do not deliver out any frocks for the troops raising in this Colony until the further order of this committee, the order of the 31st ulto. to the contrary notwithstanding. Colo. Lott and Colo. Brasher came into the Committee. The Committee of Safety were informed by sundry of the members that there is a considerable quantity of bar iron in this city. Mr. Cuyper also informed that forty tons might be brought from Haverstraw, and it was sug- gested that by allowing a free exportation thereof, ihe ma- nufacturers of iron will be induced to bring iron to mar- ket. Therefore, 100 Ordered, That the general committee of the city of New-York, or their sub-committee of inspection, be at li- berty to give permissions for the exportation of bar iron at any time when they may think proper. The letter from Colo. Isaac Nicoll, received yesterday, and which is an exact copy of his letter formerly receiv- ed, dated the 15th of March, was read and filed, request- ing supplies. Thereupon, Ordered, That Mr. John Berrien immediately purchase on Continental account, and forward to Colo. Isaac Nicoll, at the most northwarly fortification in the Highlands, as bar- rack necessaries, for the use of the troops at the garrison there, wooden bowls, wooden spoons, iron pots and other necessary barrack furniture for three complete full compa- nies of minute men or Continental troops there. A draft of an answer to the letter of Colo. Nicoll, was read and approved of, and is in the words following, to wit : " In Committee of Safety, / "New-York, April 2d, 1776. £ " Sir — We acknowledge the receipt of your letter of the 15th of March. In answer thereto we inform you that Mr. Abraham Livingston has contracted to supply all the troops at the posts in the Highlands with the rations allowed by Congress, and fuel and straw. A sloop with necessaries is gone up the river for the purpose, with a commissary on board, and we hope your troops will be rendered as comfortable as their situation will admit ; we have directed Mr. Berrien to send you by the first convey- ance, barrack necessaries for three full companies. The account of ammunition delivered to Capt. Raymond, is by us delivered to the auditors at the pay table, and will be settled with him. " The public arms in the garrison have always been in- tended to be preserved and kept in order, but not be deli- vered out for any use unless in case of some attack or in- vasion. In such case they are to be put into the hands of any troops there who are destitute of arms. " We are respectfully, sir, " Your humble servants. " P. S. Please, sir, to send down, by some convenient opportunity, to the committee, a particular account of the articles charged for a court martial, expresses, &c. with proper vouchers." DIE MERCURII, a. m. April 3d, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman. Colo. Brasher, Mr. Van Zandt, Mr. Sands, Major Stoutenburg, Colo. Lott, Capt. Denning — For New-York. Mr. Tredwell, Mr. Strong— For Suffolk. Mr. Cuyper — Orange. Mr. Lawrence — Richmond. Mr. Everson — Dutchess. Mr. Pauldiug — Westchester. Mr. Moore — Tryon. A letter from General Heath was received and read. He thereby requests three or 4 guides for particular pur- poses. A member was sent to procure them and take them to the General. Ordered, That Mr. Sands and Mr. Strong be a commit- tee to wait on Genl. Heath with a copy of the letter from Wm. Smith, chairman of the committee of Suffolk coun- ty, dated March 27, 1776, to confer with Genl. Heath ou the subject of the said letter and report to this Committee with all convenient speed. Ordered, That Mr. Jno. Murray be permitted to go on board the ship Dutchess of Gordon, (with the port master) and to return, he having been duly sworn that he will not convey any intelligence relative to the fortifications erect- ing for the defence of this city and Colony. The Committee being informed by Mr. Lawrence, one 398 JOURNAL OF THE COMMITTEE OF SAFETY. of the members of this Committee from Richmond coun- ty, that the county is already supplied with fourteen good flats or scows, which are fully sufficient for the removal of the stock of that island, and that any more scows will be an unnecessary expense at present : Therefore, Ordered, That the building of the two scows or flats which Mr. Bancker was empowered to have made, be de- layed for the present, and that neither of them be built until further order of the Provincial Congress or of this Committee. The Committee were informed the brigantine Eliza- beth, John Palmer master, is ready to sail, and that a certificate is requested as protection for her in case she should meet with any of the Colony cruisers. Thereupon a certificate was given in the words following, to wit : " It is hereby certified that the brigantine Elizabeth, Capt. John Palmer master, is laded on Continental ac- count at the port of New- York, by permission and direc- tion of the Continental Congress. The said brigantine and master are hereby recommended to the favour, aid and protection of all friends to American liberty ; and all friends to these Colonies are requested to protect her in her voyage or in port." A return made by Capt. John Davis of Suffolk county, of the number of men enlisted in his company, was read and filed. He therein says, he has enlisted about 70 men ; expects that he will soon complete the whole. A return by Benja. Marvin, first lieut. of Capt. Grif- fin's company, was read and filed. He therein mentions that the officers of that company have enlisted 75 men. The Committee of Safety considering the defenceless state of this Colony, think it necessary to furnish the coun- ties of Albany and Tryon with such quantities of ammu- nition as can be spared for that purpose : Therefore, Resolved and Ordered, That Mr. Richard Norwood deliver to John Moore, Esqr. two thousand five hundred weight of gunpowder for the counties of Albany and Tryon, in the following proportions, to wit : five hundred pounds for the county of Tryon and two thousand pounds of gun- powder for the city and county of Albany ; that the re- spective counties above mentioned, be charged with the respective quantities of gunpowder above mentioned ; that the said gunpowder be disposed of by the respective county committees of the said counties, in the most advantageous manner for the defence of the inhabitants ; and that the committees of the said counties respectively give such particular directions for the preservation of the said gun- powder, that it may not be wasted or expended but in the defence of the country, lest those counties may be distress- ed before any other possible supply can be afforded them. And Ordered, That the committee of the city and county of Albany be informed, that by reason of some late losses and misfortunes, they are not to expect any farther supply of gunpowder for several months, at the soonest. Die Mercurii, 4 ho. P. M. April 3d, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman pro tern. Colo. McDougall, Colo. Brasher, Mr. Sands, Major Stoutenburgh, Colo. Lott, Mr. Denning— For New-Yoik. Mr. Tredwell, Mr. Strong— For Suffolk. Mr. Cuyper — Orange. Mr. Lawrence— Richmond. Mr. Everson — Dutchess. Mr. Paulding— Westchester. Mr. Moore — Tryon. Mr. John Murray attending with a letter from Gcnl. Heath to this Committee, wherein he informs the Com- mittee that Mr. Murray had applied to him for his appro- bation of the permit granted to Mr. Murray this morning, to go on board the Governor's ship , that by the said per- mit it appears that Mr. Murray is restricted only relative to the fortifications, and that he, the General, cannot con- sistent with his duty, consent to his going on board, un- less under greater restrictions. Thereupon a permission was given to Mr. Murray, in the words following, to wit : "John Murray, of this city, merchant, attending, re- quested permission to go on board the ship Dutchess of Gordon, wherein Govr. Tryon resides, (with the port ma- ster,) and to return." Thereupon the said Jno. Murray was solemnly sworn on the Holy Evangelists of Almighty God, that he will not communicate any information or intelligence whatever, to any person or persons on board any of the ships of war, the ship Dutchess of Gordon, the packet, or any other vessel in this Colony under the care or direction of, or in connection with, any person on board either of the vessels above mentioned, relative to the fortifications erecting for the defence of this city and Colony, nor carry on board or deliver to any person belonging to any of the said ships or vessels any papers or writings relative thereto; and that he will not communicate any intelligence of any kind, or enter into any conversation on any subject whatever, with any person on board of either of the said vessels, but what relates to his own private business. Ordered, That the said John Murray be, and he is hereby permitted to go on board the ship Dutchess of Gordon, (with the port master) and to return. Michael Conner of the city of Philadelphia, merchant, agent for the owners of the brigantine Mary, bound from St. Christopher's to Cork, in Ireland, laded with rum, lately seized and now detained by Captain Parker of His Majesty's ship Phoenix, applied to the Committee for a permission to go on board of the said ship Phoenix, to de- mand the said brigantine and cargo. Thereupon the said Michael Conner was duly and so- lemnly sworn on the Holy Evangelists of Almighty God, that he will not communicate any information or intelligence whatever to any person or persons on board of any of the ships of war, the ship Dutchess of Gordon, the packet, or any other vessel in this Colony, relative to the fortifica- tions erecting for the defence of this city and Colony, nor carry on board or deliver to any person belonging to any of the said ships or vessels any papers or writings relative thereto ; and that he will not communicate any intelligence of any kind or enter into any conversation on any subject whatever, with any person on board of either of said ves- sels but what relates to his own private business. Ordered, That the said Michael Conner be permitted and he is hereby permitted to go on board of the ship Phoe- nix, (with the port master,) and to return. Mr. Sands, from the commiltee appointed to wait on General Heath, and confer with him on the subject matter of the letter from the commiltee of Suffolk county, dated March 27th, 1776, reported : That General Heath desired them to inform the Commiltee of Safety that if the Com- mittee of Safety thought it necessary that the three com- panies raised in Suffolk county for the defence of this Co- lony in Continental service, should be stationed at the east end of Nassau island, he would give the necessary orders ; but requested that this commiltee would take this matter into consideration, and give him the opinion of the Com- miltee in writing how and in what manner it will be most proper to dispose of the said troops to prevent depredations by the Ministerial navy and army. The committee taking into consideration the defenceless state of the easternmost part of Suffolk county, are of opi- nion that the three companies raised in Suffolk county for the defence of this Colony in Continental service, should be continued in that county until further order; that Bri- gadier-Genl. Woodhull should be requested, by his orders to Capt. Griffin, to station the said three companies in such numbers and at such places as he shall think best to pre- vent the landing of any of the Ministerial troops, or de- JOURNAL OF THE [COMMITTEE OF SAFETY. 399 predations being committed by them in any part of the said county ; that those troops be so stationed on condition that the county committee and inhabitants of Suffolk county furnish them with all necessaries whatever, while so sta- tioned in the county, at the allowance of lOJd. per man per day, exclusive of such quantities of wood as is allowed by Congress, without any other additional expense, charge, or allowance whatever. His Worship, the Mayor of the city of New-York, at- tending, and having given his word of honour in terms similar to the oath administered to Messrs. Murray and Conner ; Ordered, That he be permitted to go on board the ships of war and the Governor's ship, (with the port master,) and to return. Colo. McDougall informed the Committee of Safety that cartridges are preparing for the Continental magazine, but are not yet made ; that he stands in need of a number of cartridges for his regiment, and requests the loan of a number of cartridges out of the Provincial store, which he engages to replace. Ordered, That Mr. Richd. Norwood deliver to Colo. McDougall, for the use of his regiment, such number of cartridges as he may want for the use of his regiment, and take his receipt for the same. Two letters, one from Azor Betts, the other from John Blackler, received by post, and requesting their discharges, were read and filed. Thereupon the following entry for their discharge was made in the words following : "The letter of Azor Belts, dated the 21st ultimo, re- questing his discharge, was received and read. His pe- tition to the Provincial Congress, dated the 20th day of February last, with the certificate of William Elsworth, Esquire, chairman of the committee of Kingston, endorsed thereon, was also again read. The letter of John Black- ler was also read. " Ordered, That the said Azor Betts and John Black- ler, be respectively discharged from their confinement, on their respectively subscribing the general association, acknowledging their penitence for their past conduct, and making oath respectively that they will not bear arms against the inhabitants of the American Colonies, or do any other act inimical to the liberties of the United Colonies, or contrary to the resolutions of Congress, during the pre- sent controversy between Great Britain and the American Colonies, and paying their expenses while in confinement, if they have any means wherewith to pay the same, or in- stead of such oath, on their respectively giving bond with two good and sufficient sureties for each in the penalty of two hundred pounds, with condition thereto for their future good behaviour in the terms above mentioned for their oath." DIE JO VIS, 10 ho. a. m. April Uh, 1776. The Committee met pursuant to adjournment. Present — Wra. Paulding, Esqr. Chairman pro tern. Colo. McDougall, Mr. Sands, Mr. Prince, Mr. Van Cortlandt, Mr. Van Zandt, Capt. Rutgers, Colo. Brasher, Mr. Rutgers, Mr. Roosevelt — For New- York. Mr. Tredwell, Mr. Strong— For Suffolk. Mr. Cuyper — Orange. Mr. Lawrence — Richmond. Mr. Van Derbilt, Mr. Covenhoven — Kings. Mr. Everson— Dutchess. Mr. Paulding — Westchester. Mr. Moore— Tryon. Colo. Mifflin, quarter-master-general, came into Com- mittee and informed the Committee that in the course of 8 or 10 days, at farthest, troops will arrive in this city, which, with those already here, will amount to 12,000 men. He requested that proper houses may be immediately provided for the reception of those troops. Colo. Mifflin farther requested that houses in an airy part of the city may be immediately prepared for a general hos- pital, capable of containing 800 sick, and within a mile of the city, and houses in a proper situation, and about the same distance, to contain 400 convalescents; that a suitable house or houses, in the city, will be necessary for General Washington ; that proper stables will speedily be wanted for one hundred horses, and sheds or proper places where- in to put wagons ; that it will be necessary to fix on a house fit for a guard house, for a provost guard, and four other separate houses for main guards ; that to prevent inebriety and neglect of duty among the soldiery ii will be absolute- ly necessary to limit the number of innkeepers, dramshops and retailers of strong liquors in this city and its environs, and that the names of the persons licensed to retail, and a description of their respective places of residence in the city delivered to him, to the end that none others, except one suttler to each regiment may be permitted. Colonel Mifflin farther mentioned, that by inquiry he has found that the Continental troops, by the police of this city, must pass at the common ferries or pay the ferriage if they are transported across either of the rivers by any other means. That however useful this regulation may be in time of peace, he conceives that in the present situa- tion of affairs, the expense will be enormous to the Con- tinental army, as it must frequently, if not daily happen, that great numbers of troops must be transported between the city of New-York and Nassau island, and between the said city and Jersey shore. Colonel Mifflin, on being asked what means he could propose to remedy ferriages, answered and proposed, that he could purchase boats, or have them built for the trans- portation of troops, and that the army could ferry them- selves, if that mode was agreeable to the Committee. Colonel Mifflin farther informed the Committee, that the necessary expenditures of wood which might be made by the Continental troops, might increase the price to the detri- ment of the inhabitants, as well as of the army, unless some method could be fallen on to prevent the same ; that he should want not less than 40 or 50 cords of wood per day, and was desirous that the Committee should fix the price which they would advise him to offer for wood. Colonel Mifflin farther mentioned, that by experience he had found in other places, that forestalling and engrossing had been very detrimental to the Continental troops, and that in some instances, that it had been found very neces- sary to prevent the same by military force, or directions, and that he requested the advice of the Committee what might be proper on this head. The Committee took the matter aforesaid respectively into consideration. And thereupon Ordered, That the general committee of the city of New- York be requested to convene, without delay, and by an appointment of sub-committees for the purpose, or by such other methods as they shall think proper, to fix on so many houses for barracks for the reception of troops, as will con- lain (together with those now in the city) 12,000 men. That the said general committee be informed that the Pro- vincial Congress, in the time of their last session have pro- cured the dwelling-house, barn and stable where John Fowler did lately dwell, on the hill beyond Fresh Water, for hospitals, and that the said general committee be requested to fix on other proper houses for hospitals, so that the whole may be capable of containing 800 men ; and also proper houses for 400 convalescents. That they be also request- ed to fix on stables to contain 100 horses belonging to the army. And Ordered, That the said general committee be further requested to appoint one or more sub-committees to take the names of all innkeepers, and retailers of strong liquors in the city and its environs, with the description of the streets or places of their abode, distinguishing those who 400 JOURNAL OF THE COMMITTEE OF SAFETY. are licensed from those who are not, and to send such list of innkeepers and retailers of strong liquors to this Com- mittee with all convenient speed. Ordered, That Colonel Lott and Mr. Prince be a com- mittee to inquire for and designate proper sheds for wa- gons in this city, and to report thereon. The Committee of Safety then took into consideration the great expense that would arise, should the Continental troops, or any persons on their behalf, be subjected to the payment of ferriage and are of opinion that any benefit of that kind could not have been an object with, or expected by the tenants of the ferries at the times they respectively took their leases, that therefore it will be no injustice to the tenants of the ferries that the Continental troops should pass and repass the rivers without any emoluments to the tenants or keepers of the ferries. Thereupon Ordered, That Colonel Mifflin be at liberty to hire, purchase, build, or procure, as many ferry boats or craft of any kind, for the use of the Continental army, as he may think proper, and that the Continental troops be at li- berty to pass and repass the rivers in such boats without be- ing subject to any ferriage or toll. And Colonel Mifflin is requested to give such order that none but Continental troops, or those employed in some military business or department, may be permitted to pass in the boats to be provided for the army. The Committee then took into consideration Colonel Mifflin's proposal to fix the price of fire wood in this city; and thereupon Agreed, That it ought not for the present to be at any higher price than twenty-two shillings per cord for oak wood, to be corded by the sworn inspectors, on carman's carts, in the usual manner, and that Colonel Mifflin may advertise that he will give that price for all the oak wood which he can purchase in this city before the first day of May next. On the subject that there is danger of forestalling and engrossing, which might enhance the markets to the detri- ment of the army, Colonel Mifflin was informed by the Committee of Safety, that the by-laws of the mayor, al- dermen and commonalty of this city, and the legal modes of punishing forestallers and engrossers if duly put in exe- cution will, it is hoped, be a proper check, and prevent any inconveniences of that kind ; but that if those should prove insufficient, some remedy may then be provided. Colonel Mifflin was farther informed, that the General himself, or some of the military gentlemen, will be the most proper persons to determine in what part or parts of the town the provost and main guards ought to be kept, and which of the houses in or near those places that are empti- ed and allotted for use of the army may be most proper for and with the least injury be converted into guard houses. The Committee being informed that it is scarcely possi- ble to provide empty houses, or barracks, for the reception of the troops already arrived in this city ; that many of them are now so crowded in small rooms that it is not only incon- venient but dangerous to the health of the troops ; that there is no probability of procuring barracks, or empty hou- ses, for the troops speedily expected, as the officer whose proper department it is has requested of this Committee a provision of that kind for 12,000 men within eight days : the Committee were further informed, that there are at present very few, if any, students in the college in this city ; that it is a strong edifice and finished in such a man- ner as to be very little injured by the reception of troops : Therefore, Ordered, That the governors of the college in this city be requested to remove the college library, and every other matter in that building which might receive injury, and se- cure the same in such manner as they may think proper, and to have the edifice left only in a proper state for the reception of troops, within six days from this day, or as much sooner as will be convenient for the governors of the said college. The Committee, at the request of a member, resumed consideration of having the three companies of Continental troops raised in Suffolk county stationed there for the pre- sent. And thereupon, Resolved, That General Woodhull be requested to see that the three companies of Continental troops raised or raising in Suffolk county be mustered by some proper per- son or persons, by him to be appointed, and that regular muster rolls be returned to this Committee with all con- venient speed. Resolved, That it is the opinion of this Committee that the troops above mentioned, while on their march to the respective stations to which they shall be ordered, will be entitled to the allowance of Continental troops while on their march to join their regiments, the resolution of this Committee yesterday notwitstanding. The Committee of Safety conceiving that the number of Continental troops soon expected in this city, with those now here, will be sufficient to carry on the military works erecting for the defence of this Colony, and for every other necessary purpose, except in cases of invasion, and that therefore it will tend to the public benefit that the yeomen- ry of the Colony be permitted to remain at home at this season of the year, for the cultivation of their farms : Therefore, Ordered, That Colonel Gilbert Cooper be, and he is hereby directed to stop the marching of the Haverstraw minute company, lately ordered to be recruited, till further order, as their services are not required in this city for the present. A letter was received from Colo. Josiah Smith, of the minute regiment in Suffolk county, dated the 28th of March, and read and filed. He thereby informs that the gentleman formerly appoint- ed adjutant of the minute regiment is unwilling to act in that department, and recommends Mr. Ephraim Marvin in his place, and prays that his commission may be made out and sent up by the first opportunity. Ordered, That a commission be made out for Mr. Ephraim Marvin, as adjutant of the minute regiment in Suffolk. A certificate of an election for officers of a minute com- pany in Brookhaven township, dated March 27th, 1776, signed by Nathl. Roe and Saml. Thompson, committee men, whereby it appears that Selah Strong was chosen captain; William Clark, 1st lieut. ; Caleb Brewster, 2d lieut. ; Nathl. Brewster, ensign, of the said company. Ordered, That commissions issue to the said gentlemen without delay. The Revd. Dr. Saml. Auchmuty informed the Committee of his desire to go into New-Jersey to visit his family, and requested a permission for that purpose. Ordered, That the Revd. Dr. Saml. Auchmuty be, and he is hereby permitted to go to New- Jersey and to return ; and it is earnestly recommended to all the friends of American liberty to permit him to pass unmolested. Ordered, That the port master be, and he is hereby permitted to take with him on board the Asia and Phoenix ships of war, the Governor's ship and the packet, the fol- lowing articles, vizt : 1,3001b. beef, for the Asia. 1,0001b. beef for the Phoenix ; with 18s. worth vegetables. Two qrs. beef; 1 doz. dishes ; 2 doz. plates ; 1 doz. spoons; 2 mugs ; 2 barls. ale, for the packet. One tierce of peas ; six barls. beer ; 2 qrs. beef, for the Governor's ship. The Committee adjourned till 4 o'clock this afternoon. Die P. M. April Ath, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman. Colo. McDougall, Colo. Lott, Major Stoutenburgh— For New-York. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Van Derbilt— Kings. JOURNAL OF THE COMMITTEE OF SAFETY. 401 Mr. Everson — Dutches. Mr. Paulding — Westchester. A sufficient number of counties not being represented, adjourned till to-morrow morning. DIE JO VIS, a. m. April 5th, 1776. The Committee met pursuant to adjournment. Present— Wm. Paulding, Esqr. Chairman. Colo. McDougall, Mr. Randall, Colo. Lott, Capt. Rutgers— For New- York. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Everson — Dutchess. Mr. Paulding— Westchester. A letter from General Putnam was received and read, and is in the words following, to wit : " New-York, April 5, 1776. " Gentlemen — The Continental Congress, imagining the new levies in this Province to be in great forwardness, and finding, on inquiry, that none of the four regiments to be raised in it are properly regimented and completed, 1 must request of you, as the service absolutely requires it, that you exert yourselves to the utmost to accomplish this necessary service, and that the troops already raised be ordered to the city without delay. " I am, gentlemen, with respect, " Your humble servant, "ISRAEL PUTNAM. " To the Chairman of the Committee of Safety of the Province of New- York." A majority of counties not appearing, the Committee ad- journed till 4 o'clock this afternoon. 4 o'clock in the afternoon. The same members met and adjourned till to-morrow morning, 10 o'clock. SATURDAY, a. m. April 6th, 1776. The same members met, and it appearing that there would not be a sufficient number of counties represented until next Tuesday morning, the members present adjourned till next Tuesday morning. DIE , A. M. April 10th, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman. Colo. McDougall, Mr. Randall, Mr. Imlay, Colo. Lott, Capt. Rut- gers — For New-York. Mr. Treadwell— Suffolk. Mr. Cuyper — Orange. Mr. Everson, Colo. Ms. Graham — Dutchess. Mr. Paulding — Westchester. Mr. Leffertse — Kings. Only six counties appearing, the members present di- rected the Secretary to write to the Deputies of Rich- mond county, and request their attendance to-morrow morn- ing ; and then the Committee adjourned till to-morrow morn- ing, 10 o'clock. A. M. April llth, 1776. The following members met, vizt : Colo. McDougall, Mr. Imlay, Colo. Lott, Mr. Beekman- New-York. 101 Mr. Tredwell-Suffolk. Mr. Cuyper — Orange. Mr. Everson, Colo. Ms. Graham — Dutchess. Doct. Treat was sent for and attended ; he was request- ed to take care of and attend a soldier, who has got the small pox. Adjourned till this afternoon, 4 o'clock. P. M. April Uth, 1776. Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman. Colo. Lott, Mr. Sands, Mr. Imlay, Colo. McDougall— New-York. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Covenhoven— Kings. Mr. Everson, Colo. Ms. Graham— Dutchess. Mr. Paulding — Westchester. Mr. Lawrence — Richmond. The Committee were informed that a man on board of one of the transports which brought Genl. Sullivan's bri- gade of troops from the eastward to this city, is taken with the small pox ; that the danger of such a disorder spread- ing at this time amongst the troops quartered in and near this city, makes it absolutely necessary that some proper place should be provided for the reception of the person above mentioned, and of such persons as may be seized with the small pox in future. And it being suggested that the island with the buildings thereon, commonly called Little Barn island, belonging to Mr. Montresor, is the most suitable and safe place for that purpose : Therefore, Ordered, That Doctor Malichi Treat, and such other person or persons as he shall employ, or such other per- son as the commanding officer of the Continental troops at New-York shall direct, to attend the sick sent to the said island, be hereby authorized and empowered to set apart and make use of such parts of the house and other buildings on the said island, as he or they shall think most proper and best calculated for the reception of all such per- sons as now are or shall be seized with the small pox ; and that Doctor Treat take the management and direction of such sick persons as may be placed on that island, until further order of the Provincial Congress, or Committee of Safety of this Colony, or of the commanding officer of the Continental forces at New- York, for the time being. Mr. Covenhoven informed the committee that Colo. Hand, with his regiment of riflemen, were stationed at New-Utretch, in Kings county, to guard the shore and to keep a look out there, and that the service of the Kings county light horse, employed in that service, is now be- come unnecessary : Therefore, Ordered, That Captain Waldron be, and he is hereby authorized and directed to discharge his company of light horse from the service of keeping a look out on the south- ern coast, in Kings county, until the further order of this Committee, or the Provincial Congress of this Colony. Many persons attending daily, for permission to export flour and bar iron to the neighbourhood Colonies, and the committee being of the opinion that this Colony is so well supplied with those articles as to render the restraint lately laid on their exportation unnecessary : Therefore, Ordered, That the general committee of the city of New- York, or their sub-committee of inspection, be at li- berty to permit the exportation of flour and bar iron until further order, subject to the restrictions and regulations of the Continental Congress. Colo. McDougall informed the Committee that he is in want of cash to pay Captain Ledyard's company their pay and enlisting money, and requested five hundred pounds for that use. Colo. McDougall further requested that some gentle- men should be appointed and directed to audit the accounts of the public moneys which he has received, as he may speedily be sent from this city on duty. 402 JOURNAL OF THE COMMITTEE OF SAFETY. Ordered, That Peter Van Brugh Livingston, Esquire, 1 as Treasurer of the Provincial Congress of this Colony, advance to Colo. McDougall the sum of five hundred pounds on his receipt on account for the subsistence of his regiment in Continental service. And Ordered, That the gentlemen who constitute the com- mittee of accounts, or any three or more of them, audit Colo. McDougall's accounts of all the public money which he has received, and pass or certify all such of them as they shall find regular. The Committee of Safety were informed that His Ma- jesty's Council are summoned to meet on board of the ship Dutches of Gordon, and it is supposed with design fur- ther to prorogue the General Assembly of this Colony. Ordered, That the members of His Majesty's Council of this Colony, and Samuel Bayard, Junr. Esqr. deputy- secretary, be and they are hereby permitted to go on board the ship Dutches of Gordon and return. Ordered, That Mr. John Kelly be permitted and he is hereby permitted to go on board the ship Dutches of Gor- don, and return on the same day that His Majesty's Coun- cil shall first go on board. Mr. Nixon, the port master, delivered in an estimate of stores provided by twelve gentlemen who are going pas- sengers in the packet, and informed the Committee that he would not choose to go on board the packet with them without a permit from this Committee. Ordered, That the port master be permitted and is here- by permitted to go on board of the packet with the said stores. A letter from General Putnam, dated the ninth instant, was read and filed, and is in the words following, to wit : " Head-Quarters, N. York, April 9th, 1776. " As the city records are of the greatest consequence, and it being necessary that particular attention should be paid for their preservation, the General desires the first city battalion of Independents, commanded by Colo. La- sher, will undertake this guard. Capt. H. G. Living- ston's company of fusileers will relieve the company of artillery to-morrow morning, ten o'clock. The General has no doubt but they will receive the like consideration the grenadier and light infantry companies did. "ISRAEL PUTNAM. " To the Chairman of the Committee of Safety." A letter from Burnett Miller, chairman of the commit- tee of East Hampton, dated the 7th instant, informing that their guard at Montauk saw a number of vessels about sunset of the 6th, off Block island ; and that at 9 o'clock of the 7th, saw 13 vessels between Fisher's island and Gardner's island, and could hear their signal guns during the day, the weather being too thick and foggy to discern their size, was read and filed. A letter from Thomas Wickes, chairman of Huntington committee, dated April the 8th, communicating intelli- gence of a fleet of 30 square rigged [vessels] having been seen in the Sound, was read and filed. A letter from Samuel Buel, dated at Huntington on the 10th. He therein mentions that he left East Hampton on Monday morning after 9 o'clock ; that no further discove- ries of the fleet mentioned in the committee's letter of the 7th, except that a number of ships made a harbour at Fisher's island on Sunday evening ; these, he supposes, were what is called Wallis's fleet, and that those seen from the cast end at sea, on Sunday afternoon, were probably from the West Indies or Boston, who by their firing were collecting their scattered fleet, was also read and filed. A letter from Col. A. Hawkes Hay, dated at Haver- straw on the 4th instant, requesting that the minute men from his regiment choose their officers, was read and filed. A letter from Nathan Fordham, Burnet Miller and Tho- mas Youngs, a sub-committee of Sagg Harbour, dated the 3d instant, representing that they are much exposed to the ravages of the Ministerial army, and requesting war- like stores for their defence, was read and filed. A letter from Jeremiah Clark, dated the 5th instant, with a certificate of Elihu Marvin annexed, recommend- ing Lieutenant William Roe for captain, and David Man- devill, Junr. as his first lieutenant, in the 4 battalions to be raised, was read and filed. A letter from Col. Isaac Nicoll, dated at Fort Constitu- tion on the 2d instant, mentioning that of necessity he had taken 100 bushels of peas out of Hermanus Cuyler's sloop for the use of the garrison, for which he had given Captain Cuyler a receipt, and requesting that the Com- mittee of Safety will order the same to be paid for, was read and filed. A letter from Wm. McDermott, a prisoner confined in jail, praying to be heard before the Committee, was read and filed. A letter from John Vernon, also a prisoner, complain- ing of ill health and want of a suitable allowance in prison, and praying to be released, was read and filed. A letter from Col. Isaac Nicoll was read in the words following, vizt : " Fort Constitution, the 8th of April, 1776. " Sir — I have done every thing in my power to have my regiment filled up so as to make a return, agreeable to a letter from the Congress, dated March the 4th, but find it not possible to fill them with good men, and such as are able to furnish themselves with arms, &c. by reason of their pay being lowered. " Last Friday I went to Goshen in order to meet the of- ficers of the minute men and militia, to know the state of the regiment, as I had sent orders and wrote a number of letters, and all to no purpose, and by that means missed seeing the Prussian General, Doctor Franklin, and the gen- tlemen with them. The regiment is not half full, and not one of them has any arms, and arms are not to be had. I am well persuaded that there can but little dependence be put on the minute men upon the plan that they are now raised, for by the time a company is full their 4 months is up, which keeps the officers continually recruiting, and the people seem determined against being drafted. " Enclosed you have the particulars of the expense of the court martial and Genl. Lee's orders for holding it. I have discharged Captain Raymond's company of minute men consisting only of 31 men, officers included, as there was a great uneasiness amongst the men, and Captain Jackson's company of standing forces marches in on Wednesday, which will fill the barracks. " I have also enclosed a report of the committee of Hano- ver precinct of John Handley, who is now a prisoner here, and should be glad you would advise me what is to be done with him. " I am with esteem, sir, your most humble servt. "ISAAC NICOLL. " To William Paulding, Esqr. Chairman of the Committee of Safety, New-York." General Lee's order to Col. Nicoll to secure Ensign Goodgian, dated the 17th of February last, and enclosed in Col. Nicoll's letter, was filed. Genl. Lee's letter to Col. Nicoll of the 25th of Feb. last, advising that he had or- dered Genl. Clinton to call a court martial, and enclosed as above, was also filed. An account of the expenses of taking and trying Wil- liam Goodgion, an ensign in Capt. Peter Hill's company of Ulster county minute men, and certified by Col. Nicoll, amounting to £7 lb's. 5d. was filed. An order from the committee of Hanover precinct sign- ed William Cross, chairman, for the commitment of Wil- liam Hanley, charged with having enlisted in the King's service, was also filed. A letter from Walter Livingston, Esquire, Deputy Com missary-General, dated at Albany on the 3d instant, re- I polling some misrepresentations respecting the forwarding i clothing for the Green Mountain Boys, was read and filed. JOURNAL OF THE COMMITTEE OF SAFETY. 403 The Committee of Safety were also informed that Nichs. Bayard, Esqr. at whose house the records are lodged, is very desirous that the guard be changed for a guard of citizens. Therefore, Ordered, That Colo. Lasher be requested to relieve the guard now placed to guard the records at Mr. Bayard's, by a guard from his regiment. A letter from Wm. Leary, town major, dated yesterday, was read and filed. He thereby informs that the time of his continuing in pay as town major is expired, and re- quested to know whether he was to be continued in ser- vice. Mr. Leary called on the committee personally for an answer, and was informed by the committee that they did not conceive themselves authorized to continue him in pay, and that it also appeared unnecessary at present to require his services and continue his pay. A certificate from S. Badlam, captain of artillery, dated the 8th instant, was read and filed. He thereby certifies that he has examined Joseph Crane as to his knowledge in gunnery, and considering his merits and experience, thinks him qualified for a Captain Lieutenancy. Therefore, Ordered, That the said Joseph Crane pursuant to the order of the Provincial Congress of the 16th of March last, be captain lieutenant of the Continental company of artillery, whereof Sebastian Beauman, Esqr. is cap- tain. A return of the 2d regiment of militia in the south end of Ulster county, commanded by James McClaughry con- taining a state of the arms, accoutrements, powder and ball, was read and filed. It is thereby returned, that the regiment has 585 guns, 28 bayonets, 495 swords, 296 cartouch boxes, 55 lbs. gun- powder, and 191 lbs. lead. A letter from Mr. Ad. Bancker, and return for commis- sions for sundry officers of militia in Richmond county, therein named, was read and filed. The commissions therein requested were issued. 10 HO. A. M. April 12th, 1776. The Committee met pursuant to adjournment. Present— Mr. William Paulding, Chairman. Colo. Lott, Mr. Randall, Mr. Imlay, Mr. Sands, Colo. McDougall, Mr. Beekman, Mr. Van Zandt— For New-York. Mr. Tredwell— For Suffolk. Mr. Cupyer — Orange- Colo. Covenhoven — Kings. Mr. Eversen, Colo. M. Graham — Dutches. Mr. Paulding — Westchester. Mr. Lawrence — Richmond. Peter Du Bois, who has attended some days on charg- es exhibited against him by the Reverend Barnard Page, Ethan Sickles and others, together with the said witnesses and others, attending, the Committee determined to pro- ceed thereon ; and Mr. Du Bois and all the other persons attending thereon, were called in. Ethan Sickles was first called up near the Chair and ex- amined. Notes of his examination taken and read to him in the presence of Mr. Du Bois are as follows, vizt : "Ethan Sickles, of the city of New-York, being per- sonally examined says : that on last Thursday morning he went from Paulus Hook with Mr. Peter Du Bois and Colo. Smith and another gentleman in the stage, proceed- ed to Woodbridge ; that while Colo. Smith was with them Mr. Du Bois appeared a high whig ; that by the way they took in Colo. Zedwitz ; that Mr. Du Bois was con- tinually asking him questions, and when he found any op- portunity was finding fault ; and from Mr. Du Bois's con- versation thought he was not a whig. " That he heard that Mr. Page and Mr. Du Bois got in a warm argument at Philadelphia, and differed in senti- ments ; that Mr. Du Bois said that Genl. Gage was a gentleman and man of honour ; and that Mr. Du Bois acknowledged the dispute and what the examinant had heard on that subject in the presence of the examinant ; that on the road homeward, Mr. Du Bois frequently spoke against the American forces ; and wherever they stopped, he was speaking to the people he met in that strain ; that he said the New-England forces would deceive us, and that we might depend upon it ; that he, the examinant, told Mr. Du Bois not to continue his discourse, and told him he was not a friend to his country. " That it was mentioned in the stage, that the officers who are prisoners at Trentown had run the Congress to £150 expense in one week, and that it was paid ; that he, the examinant, spoke disrespectfully of them for having been in his opinion so extravagant ; for which, Mr. Du Bois in return, treated him with ill names and abusive language ; that his conversation, on the whole, was in- tolerable ; that he particularly found fault with the oaths that have been administered to people by the General ; said it was no sin to break such an oath, and found great fault with the Congress on that subject ; that he spoke of some person near him who had refused to bear arms and had been tarred and feathered ; that he called the men who had done it a damned set of rascals, and said he would have satisfaction of them at the risk of his life. Being asked how he understood Mr. Du Bois when he said the New-England men would deceive us, he answered, that he understood him to mean a deceit by treachery. " Theodorus De Forrest being examined says, that Mr. Du Bois run down the American troops very greatly, and said they had no discipline or order among them ; said the New-England officers had no order among them, that if ever they came to an engagement the New-England troops would deceive the other Colonies ; that he understood that Mr. Du Bois meant that they were not true to the cause ; that Mr. Du Bois embraced the company of the regular officers on every opportunity ; that he spoke of an officer near where he lived who had been tarred and feathered ; said some of the Committee were amongst those who tarred and feathered the man, and that they were a parcel of rascals. " Mr. Du Bois went on his defence : — Asked Mr. Sickles whether he was present when he commended or spoke highly of Genl. Gage ; was answered that he men- tioned it as what he had heard. " Mr. Du Bois says, he only meant that the New-Eng- land troops never had equal order or discipline of the Pennsylvania troops and others, and that people would be deceived in their military character if they came to action. " That as to the matter of affecting the company of the officers who are prisoners, he says that they are his old friends and acquaintances, and that he was but a few minutes with them. " That the conversation about oaths was general ; that he had spoken against oaths administered by compulsion, and had said many people did not conceive themselves bound by such an oath. " That as to the person tarred, he referred to one Gold- smith, who had been captain of a company ; that on Mr. Jackson's being elected captain, according to the regula- tions of Congress, Goldsmith refused to bear arms in the company, and refused that his son should bear arms, for which he had been tarred and feathered ; and that he had execrated such conduct ; Mr. Du Bois says, that Captain Jackson and some of the Committee were at the head of those young men who tarred the said Goldsmith. " That when Mr. Page charged him with being a tory, he had declared he was not ; that he was bred in revo- lution principles, and disapproved of the acts of Parliament for laying taxes on America. " That what he said of General Gage was in answer to illiberal expressions of Mr. Page, against General Gage as a rascal and a coward. 404 JOURNAL OF THE COMMITTEE OF SAFETY. " That what he said of the New-England troops was speaking of them in a comparative view with the Pennsyl- vania troops : says that he has signed and promoted the signing of the general association of the Colony." Bernard Page being examined says, " that on last Sa- turday, or Sunday following, Mr. Du Bois came into the room where he, the examinant was ; they fell into conver- sation on public matters. In substance Mr. D. gave Genl. Gage the highest character of reputation, honour, integrity, and the like ; that he, the examinant, replied that he did not look on his character in that light, but that he had sacrificed his most honourable engagements and pledges, particularly in the affair of the inhabitants of Boston, touch- ing his promise to permit them to leave the town on deliver- ing up their arms. " That Mr. Du Bois got into a passion and declared that General Gage never was impeached with a dishonourable act, and that he was a man of the strictest integrity and impartiality, or other words to that effect. " That he, the examinant, answered that his character was not honoured, that he was rather looked on as a coward. That How and Burgoin, and the other officers, were es- teemed as gentlemen who would fight, but that he did not think Genl. Gage could support his character in that fa- vourable light. That Mr. Du Bois told him he was a mi- nister, but that no other man would dare to say so. That Mr. Du Bois, with warmth, declared that the majesty of the people of Great Britain would never be insulted or imposed on by the people here, (meaning the people of America as the examinant understood,) and then left the room. That during their stay at a tavern Mr. Du Bois ap- peared to him to endeavour to know of every strange gen- tlemen who came there, on which side of the question they were, but did not enter in any further conversation there with the examinant. " That on Monday, at Bristol, Mr. Du Bois, as soon as they stopped, seized an opportunity to speak privately with the prisoners there. That he saw Mr. Du Bois convers- ing with them. That at dinner time, at Mr. Hill's, at Trentown, Mr. Du Bois came into the room and declared that he had been to see some gentlemen who were priso- ners there, had been in their room, and been invited to dine with them, but chose to dine with the company who came in the stage with him. " In proceeding onward on the way, Mr. Du Boise spoke something, in the examinant's opinion, disrespectful of the New-England troops, vizt : in substance, that ihey fought behind walls, and in secret places, and were afraid to show themselves openly, or words to that effect. That he, the examinant, replied in the negative, and endeavoured to sup- port their character in the instance at Bunker's Hill, in which Mr. D. had thus charged them with this cowardice. That he particularly mentioned having seen Bunker's Hill at different times and not observed any stone fence or wall there ; that he observed the American troops there, by every account, had fought manfully, and that the action it- self demonstrated that the troops did not deserve any such charge as Mr. Du Bois had made against them ; that Mr. Du Bois replied, in a contemptuous manner, that the New- England troops would certainly deceive the rest, meaning as he, this examinant apprehended, the other Colonies ; that Mr. Du Bois repeated to the same effect several times and once in particular said they would deceive the people. That he, the examinant, alleged that the New-England troops were well disciplined, courageous, possessed of con- duct and that in general there were not belter troops on the Continent. That Mr. Du Bois said he knew what troops were, looked on the New-England troops in a different light ; he spoke well of the Pennsylvania troops, but said the New-England troops would deceive the people. That Mr. Du Bois got into a violent passion, and endeavoured to browbeat him, and that he, this examinant, endeavour- ed to support the character of the New-England troops and alleged they only took up the sword to support their liberties. That he, the examinant, told Mr. Du Bois that he looked on him as very unfavourable to the cause, and to be a tory, and suspected that he was a spy, and had been abroad to procure Ministerial letters, and had such with or about him, or words to that effect. That he ground- ed his charges on the whole of Mr. Du Bois' conduct. " That speaking of a person who was tarred and feather- ed, Mr. Du Bois said if he had been so treated he would have had vengeance, and would have taken it privately if he conld not obtain it publicly. That, speaking of oaths that were and had been tendered by Congresses and Committees, he alleged such oaths were of no force, and that he should entirely disregard them, or other words to that effect, but said he would abide by an oath which he mentioned as contained in some statute. " That any personal difference which he has had with Mr. Du Bois does not influence his testimony as to public matters. " Mr. Page, cross-examined by Mr. Du Bois one or two questions. " Mr. Du Bois renewed his defence ; declares he does not recollect to have used such expression as to the majes- ty of the people of Great Britain, as Mr. Page has men- tioned." Mr. Du Bois and the witnesses withdrew. Ordered, That he be called in and reprimanded, and that Colo. McDougall deliver the reprimand, and direction to be more careful for the future. Mr. Du Bois being called in at the bar, Colo. McDougall informed him, that it is the opinion of the Committee that he has discovered a temper inimical to his country ; that such conduct is inconsistent with the philosopher, the sol- dier or the good man ; and after summing up the matters given in proof, and their tendency, and a charge to impress a more careful conduct, he was discharged. 3 ho. P. M. April \2th, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Chairman. Colo. McDougall, Mr. Sands, Colo. Lott, Mr. Beekman, Mr. Van Corllandt, Mr. Randall, Mr. Imlay— For New-York. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Covenhoven — Kings. Mr. Everson — Dutches. ■ Mr. Paulding — Westchester. Mr. Lawrence — Richmond. A letter from Lord Stirling dated this day was read and filed, and is in the words following, to wit : "New-York, 12th April, 1776. "Sir — As I have General Putnam's orders to march with a brigade of troops for Staten island, and as I shall be under a necessity of quartering them in the farm houses there, until the season of the year will admit of their being en- camped, I shall esteem it a favour of the Committee of Safety, if they will as soon as possible desire the committee of Richmond county to give notice thereof to the inhabi- tants, that they may be prepared to receive the troops in the manner most convenient to themselves ; and they may be assured that my best endeavours will be used to render the residence of the troops amongst them as little burthen- some as possible ; and this I hope will be the easier effected, as house room is the only article that will be re- quired, every thing else they may stand in need of will be punctually paid for. " Colonel Ritzema's regiment is one of the corps ordered to compose my brigade. On inquiry I find the companies of which his regiment is to be composed, are not yet fixed or arranged. I must beg the favour of the Committee of Safety to attend to this matter, and fix it as soon as pos- sible. " I am, sir, your most humble servant, "STIRLING. " To the Chairman of the Committee of Safety, New-York." JOURNAL OF THE COMMITTEE OF SAFETY. 405 Ordered, That the Secretaries prepare and certify a copy of so much of Lord Stirling's letter as relates to the quartering of the troops on Richmond county, to be sent to the committee of Richmond county. And, Ordered, That the committee of Richmond county be requested with all possible despatch to prepare empty farm houses where they may be had, and where those cannot be had, that they prepare quarters and places for them in dwelling houses ; that the said committee use their in- fluence with the inhabitants to consider the soldiers as their countrymen and fellow citizens employed in the defence of the liberties of their country in general, and of the inhabi- tants of Richmond county in particular, and to endeavour to accommodate them accordingly. Mr. Abraham Livingston attended the Committee and requested money agreeable to the resolution of Congress, to enable him to comply with his contract for victualling the troops in this Colony. As there is but a small sum now in the treasury, the Committee are of opinion that a larger sum than £2,500 cannot be advanced to him at pre- sent. Therefore, Ordered, That Peter Van Brugh Livingston, Esquire, advance to Mr. Abraham Livingston, in part of the money due to him on contract, for supplying the Continental troops in this Colony, the sum of two thousand five hundred pounds on account, and take his receipt for the same. Colo. Curtenius, as Commissary of the Provincial Con- gress of this Colony, applied to the Committee for money, to enable him to provide necessaries for the army. Ordered, That Peter Van Brugh Livingston, Esquire, as Treasurer of the Provincial Congress of this Colony, advance to Peter T. Curtenius, as agent or Commissary of the Provincial Congress of this Colony, to provide clothing and arms, accoutrements, &c. for the troops, the sum of five thousand pounds on account, and take his receipt for the same. Mr. Randall informed the Committee that he stands in need of cash to discharge debts contracted in purchasing and in part fitting out an armed schooner. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, advance to Mr. Thomas Randall, Esqr. the sum of nine hundred pounds on account, in part of moneys by him ad- vanced for the purchase of an armed schooner and her arms and outfit, the Treasurer to take Mr. Randall's receipt for the same. The Committee have for the present appointed the fol- lowing seven captains, with their subaltern officers and companies, to be under the command of Colo. Ritzema, as seven companies of his regiment, to wit : Capt. Andrew Billings, Capt. Daniel Denton, Captain Abraham Riker, Captain Cornelius Hardenbergh, Captain Jonathan Horton, Capt. Hobby, and Capt. Amos Hutchins. This arrangement to continue as to the rank of captains in this regiment until a general arrangement of the whole four regiments is made on a return of the companies raised. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, ad- vance to Colo. Ritzema the sum of eight hundred pounds, on account, to enable him to pay such troops as are put under his command, as his regiment, the Treasurer to take Colo. Ritzema's receipt for the same. Ordered, That Mr. Richard Norwood, commissary of Colony stores, deliver to Thomas Randall, Esqr. two hun- dred and fifty pounds of gunpowder and three hundred weight of lead for the use of a small armed schooner fitted out by the marine committee by order of the Provincial Congress, the said commissary to take a receipt for the same. Capt. Increase Child, of a company of minute men now discharged from service, requests a warrant to raise a com- pany in the Continental service. Ordered, That Capt. Increase Child be, and he is hereby authorized, in conjunction with Mr. John Loyd as first 102 lieutenant, Samuel Dodge, second lieutenant, and John Punderson, ensign, to raise a company for the Continental service in this Colony, agreeable to the warrants issued by the Provincial Congress of this Colony for that purpose, on condition that those gentlemen enlist and raise the said company and make return thereof in proper form, or bring the said company to New- York for actual service within three weeks. Ordered, That Colo. Ritzema direct the captain or such other officer in each company of his regiment as he shall think proper, to apply to the county committee, or any pre- cinct committee, in the counties where such companies were respectively raised, for arms for the said companies, out of those collected by disarming the disaffected persons pursuant to the resolutions of the Continental Congress. The Commitee are informed that Lord Drummond is in such a state of health that his physicians advise him to re- move to the island of Bermuda for the preservation of his life, and that he requested permission of this Committee for that purpose. Therefore, Ordered, That Lord Drummond be, and he is hereby permitted to depart this Colony and go to the island of Bermuda ; and it is hereby recommended to all the friends of America not to interrupt him on his passage, but to let him pass in safety and without molestation. DIE SABBATI, a. m. April 13th, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman. Colo. McDougall, Mr. Van Cortlandt, Mr. Imlay, Mr. Sands, Mr. Randall, Mr. Van Zandt, Mr. Scott, Capt. Rutgers, Colo. Lott, Mr. Bancker, Mr. Roosevelt — For New-York. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Van Derbilt, Mr. Covenhoven, Mr. Leffertse — Kings. Mr. Everson — Dutchess. Mr. Paulding — Westchester. Mr. Lawrence — Richmond. The memorial of Samuel Lowden, printer, with remarks on the subject, were read and filed. " To the Honourable the Committee of Safety of the Colony of New- York : " The memorial of Samuel Loudon of the city of New- York, printer, Sheweth : "That some weeks ago a manuscript composed by a gen- tleman at some considerable distance, and sent in order to be printed here, in answer to the celebrated pamphlet en- titled Common Sense was put into my hands by a gentle- man of this city who desired me to print it. As a publication of this nature required mature deliberation, I did not in- cline, nor did the gentleman require me to comply with his proposal till I should be convinced that the manuscript was written with decency, or did not express or even imply any disapprobation of the proceedings of the Honourable Conti- nental Congress, or the glorious cause in defence of which Americans are spending their blood and treasure. Being satisfied as to these particulars, I agreed to print the manu- script on my own account. " Having made some progress in printing off the sheets, I advertised the publication of the pamphlet in Mr. Gaines' Gazette, not imagining that any offence could justly be taken by my fellow citizens. But to my great surprise I soon found that the advertisement had given disgust to some of the inhabitants, who highly resented it. " On the evening of the 18th ulto. I received a mes- sage to attend on the committee of mechanics. I attended accordingly, and was interrogated by Mr. Christopher Duyckinck, the chairman, who was the author of the ma- nuscript I was printing, and who gave it to me. I told them I did not know the author, and that I got the manu- script from a gentleman of this city whose name, in my 106 JOURNAL OF THE COMMITTEE OF SAFETY. opinion, ihcy had no right to demand. Displeased at this | reply, they threatened to burn the pamphlets ; blaming me in strong terms for printing it. I expostulated with them on the impropriety of condemning a book before they had read it ; proposed to send them the sheets that were print- ed for their perusal, and to refer the whole affair to the Com- mittee of Safety, and abide by their determination. They did not however think it proper to regard any of my pro- posals, but sent six of their number to my house who nailed and sealed up the printed sheets in boxes, except a few which were drying in an empty house, which they locked and took the key with them. The following evening they returned the key and informed me that they had referred the matter to the general committee of inspection. Same evening I received a note to wait on that committee. I at- tended, and was informed by the chairman, Col. Broome, that a complaint had been preferred against me for printing an answer to the pamphlet entitled Common Sense, and the committee advised me not to persist in publishing it at present, as my personal safety might be endangered. I thanked the committee, and promised to comply with their advice. This availed nothing for my security ; for some time after 10 o'clock the same night the before mentioned Mr. Duyckinck, without any commission from commit- tee, attended by a considerable number, to appearance more than forty persons, who rushed into my house ; some of them ran up stairs to the printing office, while others guarded the door, and took away the whole impression of said pamphlets, being about 1500, which at a very mode- rate calculation amounts to £75, they carried them to the commons and there burnt them, as I have been informed. " Your memorialist conceiving the above mentioned transaction a violent infraction of the liberty of the press and an unjustifiable attack on his private property, prays, that the Honourable Committee will take such measures and give directions in the premises, as may secure the liberty of the press, protect private property, prevent such insults for the future, and enable your memorialist to recover damages adequate to the injuries he has sustained. " And your memorialist, &c. "SAML. LOUDON. " New-York, March 28th, 1776." " I would not. anticipate the reflections that will naturally arise in the mind of every candid and dispassionate reader of this plain and impartial narrative I have given in the memorial to the Honourable Committee of Safety but justice to the public, and myself requires me to subjoin a few re- marks. " As the question concerning American independence hath not, to the best of [my] knowledge, been decided by the Continental Congress, nor by any legal subordinate Con- vention, there can be no criminality in publishing the ar- guments for and against it ; and as it is a question of the greatest importance, it should not be decided before the arguments are fully discussed. " Though a formal answer to the phamplet entitled Com- mon Sense hath been published in Philadelphia, the prin- ter hath not fell under the resentment of the Continental Congress, which is a decisive evidence that the represen- tatives of North America do not judge him to be a trans- gressor. My zealous, well meaning, misguided opponents would have acted a consistent part had they paid a due de- ference to the wisdom and good sense of that honourable body of men whom they have solemnly promised to sup- port, by suspending all proceedings against me 'till the Phi- ladelphia printer had been called to account and condemn- ed by them. "The public will determine whether by not suffering any other person to publish their sentiments but the author of the above mentioned pamphlet and such as have adopt- ed his way of thinking ; many thousands of steady friends to the common cause of America are not deprived of one of their essential privileges— the liberty of declaring their opinion upon a subject of the greatest moment, and in which they are unspeakably more interested than the sup- posed author of that pamphlet. " It is at any rate self-evident that if any set of unau- thorized men shall be permitted to assume the power of legislating for their fellow-citizens, and punishing them as they please, our legal conventions and committees, with all the precious liberties for which we are contending will be in effect annihilated, and we will be in a more miserable slavery than would arise from the most successful exertion of all the tyrannic acts of the British Parliament. " The freedom of the press is now insulted and infringed by some zealous advocates for liberty. A few more noc- turnal assaults upon printers may totally destroy it, and America in consequence may fall a sacrifice to a more fatal despotism than that with which we are threatened. " I have no consciousness of guilt in the affair for which I have been persecuted. It is well known that I have al- ways been a steady friend to the liberties of America, and I am resolved to risk my all in their defence, and cheer- fully submit to every determination of the Continental Con- gress, of the Provincial Congress of this Colony, and the general committee of this city, that is not contrary to the dictates of religion, justice and humanity — hoping at the same time that the reputation of American councils will never be contaminated by any determination of such an ini- quitous kind ; I only claim common justice, and desire that for the future all political publications, issued from any press, be legally and impartially tried by the publicly avow- ed principles of the Colonies met in Continental Congress. If at any time I shall publish principles opposite to these, under any other predicament than that of common news, let me be treated with all the severity which an enemy to his country deserves. " SAML. LOUDON. " The following are all the names I have as yet been able to collect of the persons who took away and burnt my pamphlets, viz: Christopher Duyckinck, John Gilbert, Tho- mas Pratt, John Buchanan, tavern keeper at the new slip, Brower the carpenter, Bicker, an officer, Malcom McEuen, a pewterer. Ordered, That the consideration thereof be postponed 'till next week. Coffin, of the island of Nantucket, attending, pro- duced a certificate, signed by three justices' of the peace for the county of Barnstable, in Massachusetts Govern- ment, permitting him to export from New-York or Con- necticut, for the internal use of the inhabitants of the island of Nantucket, the following articles, vizt: ], 0001b. ham, 12cwt. hogs lard, 1,0001b. cheese, 601b. feathers, 4 M. staves, 10 bis. cider, 40 bis. pork, 20 bis. flour, 2 gross corks, 1 M. bunch onions, 30 barrels apples. Ordered, That the sub-committee of the general com- mittee of the city of New-York be at liberty to permit Capt. Coffin to export the whole or any part of the articles mentioned in the within certificate, and for the purposes therein mentioned. The letter from Robt. Treat Payne, Esqr. to the com- mittee of the Continental Congress, enclosing the resolu- tions of Congress relative to the erecting works for the manufacturing saltpetre, &c. was read and filed. Ordered, That the said letter and resolves be taken into consideration on Wednesday next. A letter from the Honble. John Hancock, enclosing the proceeding of the Continental Congress for issuing letters of marque and commissioning private armed vessels, was read as follows, viz : "Philadelphia, April 10th, 1776. " Gentlemen — It is necessary, in conducting the war- like operations on the part of America, to meet our enemy on every ground, and to defend ourselves in the best man- ner we can against all attempts, in whatever shape, to de- prive us of either liberty or property. So far, the British Ministry, from showing the least relaxation in their bar- barous schemes of reducing the American Colonies to sla- JOURNAL OF THE COMMITTEE OF SAFETY. 407 very, that they have passed an act to 6eize and confiscate our property whenever found on the high seas. In conse- quence of this measure the Congress have come to a reso- lution of fitting out letters of marque and reprisal. The commission, instructions, and bond, preparatory to which, I have the honour to enclose you, and " Am, gentlemen, your most obedt. " And very humble servt. " JOHN HANCOCK, Prest. " The Honble. Convention of New-York." " In Congress, April 3, 1776. "Resolved, That blank commissions for private ships of war and letters of marque and reprisal, signed by the President, be sent to the General Assemblies, Conven- tions and Councils, or Committees of Safety of the United Colonies, to be by them filled up and delivered 1o the per- sons intending to fit out such private ships of war formak ing captures of British vessels and cargoes, who shall ap- ply for the same, and execute the bonds which shall be sent with the said commissions, which bonds shall be re- turned to the Congress. " By order of Congress, "JOHN HANCOCK, President." " In Congress, April 3, 1776. " Resolved, That every person intending to set forth and fit out a private ship or vessel of war, and applying for a commission or letters of marque and reprisal for that purpose, shall produce a writing subscribed by him, con- taining the name and tonnage or burthen of the ship or vessel, the number of her guns with their weight of me- tal, the name and place of residence of the owner or owners, the names of the commander and other officers, the number of the crew, and the quantity of provisions and warlike stores ; which writing shall be delivered to the Secretary of Congress or to the Clerk of the House of Representatives, Convention or Council, or Committee of Safety of the Colony in which the ship or vessel shall be, to be transmitted to the said Secretary and shall be re- gistered by him, and that the commander of the ship or vessel, before the commission or letters of marque and reprisal may be granted, shall, together with sufficient sureties, seal and deliver a bond in the penalty of five thousand dollars if the vessel be of one hundred tons or under, or ten thousand dollars if of greater burthen, paya- ble to the President of the Congress, in trust for the use of the United Colonies, with condition in the form following, to wit : ' The condition of this obligation is such, that if the above bounden who is commander of the called belonging to of in the colony of mounting carriage guns, and navigated by men, and who hath applied for a commission or letters of marque and reprisal, to arm, equip and set forth to sea the said as a private ship of war, and to make captures of British vessels and cargoes, shall not exceed or transgress the powers and authorities which shall be contained in the said commission, but shall in all things observe and conduct himself, and govern his crew by, and according to the same, and certain instructions therewith to be delivered, and such other instructions as may hereafter be given to him, and shall make reparation for all damages sustained by any misconduct or unwar- rantable proceedings of himself or the officers or crew of the said then this obligation shall be void or else remain in force : " 1 Sealed and delivered in presence of " Which bond shall be lodged with the said Secretary of Congress. " By order of Congress, " JOHN HANCOCK, President:' " In Congress, Wednesday, April 3, 1776. " Instructions to the commanders of private ships or vessels of war, which shall have commissions or letters of marque and reprisal, authorizing them to make captures of British vessels and cargoes. " I. You may by force of arms, attack, subdue and take all ships and other vessels belonging to the inhabi- tants of Great Britain on the high seas, or between high water and low water marks, except ships and vessels bringing persons who intend to settle and reside in the United Colonies, or bringing arms, ammunition or warlike stores to the said Colonies, for the use of such inhabitants thereof as are friends to the American cause, which you shall suffer to pass unmolested, the commanders thereof permitting a peaceable search and giving satisfactory in- formation of the contents of the ladings and distinctions of the voyages. " II. You may by force of arms, attack, subdue and lake all ships and other vessels whatsoever, carrying sol- diers, arms, gunpowder, ammunition, provisions or any other contraband goods to any of the British armies or ships of war, employed against these Colonies. " III. You shall bring such ships and vessels as you shall take, with their guns, rigging, tackle, apparel, fur- niture and ladings, to some convenient port or ports of the United Colonies, that proceedings may thereupon be had in due form, before the courts which are or shall be there appointed, to hear and determine causes civil and mari- time. " IV. You or one of your chief officers shall bring or send the master and pilot, and one or more principal per- son or persons of the company of every ship or vessel by you taken, as soon after the capture as may be, to the judge or judges of such court as aforesaid, to be examined upon oath and make answer to the interrogatories which may be propounded touching the interest or property of the ship or vessel and her lading ; and at the same time, you shall deliver or cause to be delivered to the judge or judges all passes, sea-briefs, charter-parties, bills of lad- ing, cockels, letters and other documents and writings found on board, proving the said papers, by the affidavit of yourself or some other person present at the capture to be produced as they were received, without fraud, addition, subduction or embezzlement. " V. You shall keep and preserve every ship or vessel and cargo by you taken until they shall, by sentence of a court properly authorized, be adjudged lawful prize, not selling, spoiling, wasting or diminishing the same, or breaking the bulk thereof, nor suffering any such thing to be done. " VI. If you, or any of your officers or crew, shall, in cold blood, kill or maim, or by torture or otherwise, cruelly, inhumanly, and contrary to common usage, and the practice of civilized nations in war, treat any person or persons surprised in the ship or vessel you shall take, the offender shall be severely punished. " VII. You shall, by all convenient opportunities, send to Congress written accounts of the captures you shall make, with the number and names of the captains, copies of your journal from time to time, and intelligence of what may occur or be discovered concerning the designs of the enemy, and the destinations, motions and operations of their fleets and armies. " VIII. One-third, at least, of your whole company shall be landmen. " IX. You shall not ransom any prisoners or captains, but shall dispose of them in such manner as the Congress, or if that be not sitting in the Colony whither they shall be brought, as the General Assembly, Convention or Council, or Committee of Safety of such Colony shall di- rect. " X. You shall observe all such further instructions as Congress shall hereafter give in the premises, when you shall have notice thereof. " XI. If you shall do any thing contrary to these instruc- tions, or to other hereafter to be given, or willingly suffer such thing to be done, you shall not only forfeit your com- mission and be liable to an action for breach of the condi- 408 JOURNAL OF THE COMMITTEE OF SAFETY. tion of your bond, but be responsible to the party grieved for damages sustained by sucli malversation. " By order of Congress. "JOHN HANCOCK, President." Die Sabbati, 4 ho. P. M. April 13th, 1776. The Committee met pursuant to adjournment. Present — Mr. William Paulding, Chairman. Mr. Scott, Mr. Randall, Mr. Imlay, Colo. Brasher, Mr. Sands, Colo. Lott, Capt. Rutgers, Mr. J. Van Cortlandt— For New-York. Mr. Tredwell— For Suffolk. Mr. Cuyper — Orange. Mr. Covenhoven — Kings. Mr. Everson — For Dutches. Mr. Paulding — Westchester. Mr. Lawrence — Richmond. A letterfrom Major-General Schuyler to General Thomp- son was read, of which the following extract is the last sentence, to wit : " Will you be so good as to request the New-York Con- gress that the sailors may be sent up without delay ?" Capt. Jacobus Wynkoop, on request, attended the Com- mittee, and agreed to accept of and execute the following order : Ordered, That Capt. Jacobus Wynkoop do enlist the number of mariners desired by Major-General Schuyler for the service at the lakes, with all possible despatch ; that Capt. Wynkoop proceed to Albany with the said ma- riners to General Schuyler, and take his directions as to the vessels on the lakes until the Honourable the Conti- nental Congress shall have appointed him to that command, or some other gentleman shall arrive at the Lakes, autho- rized to take the command. Ordered, That Mr. Scott, Colo. Brasher and Mr. Van Cortlandt be a committee to wait on General Washington. DIE LVNJE, a. m. April 15th, 1776. The Committee met pursuant to adjournment. Present— Wm. Paulding, Esqr. Chairman. Mr. Scott, Mr. Van Zandt, Mr. Beekman, Mr. Sands, Mr. Randall, Mr. Rutgers, Major Stoutenburgh — For New-York. Mr. Tredwell— For Suffolk. Mr. Cuyper — Orange. Mr. Covenhoven — Kings. Mr. Everson — Dutchess. Mr. Paulding — Westchester. No other members attending, the Committee could not proceed to business for want of a representation from ano- ther county. A return of the prisoners in the Committee jail, and by whom committed, was read and filed. A letter from Thos. Vernon, one of the said prisoners, and requesting his discharge, was read and filed. A return of Prisoners in jail, fyc. New-York, the 1 5th of April, 1776. When confined. March 1, do 14, do 17, do 17, do 17, April 8, do 8, do 8, do 8, do 8, do 8, do 8, do 8, do 8, do 3, do 8, Prisoners' names. Ryner Vanhuser, Thomas Vernon, Wm. McDermott, Joseph Woolcomb, William Alder, Thos. Remington Harris, William Medcalf, Henry Kilgrove, Casar Freeman, Michael Conery, Jeremiah Readon, Francis Climes, David Shockness, John Gibbons, Derby Doyle, Isaac Nevarra, William Haselton, James Moffatt, James Johnson Thos. Mclntire, By whom confined. Provincial Congress, do Committee of Safety, do do Genl. Putman, do do do do do do do do do do Col. McDougall, Capt. Ledyard, do do . ... Where confined. Jail, do do do do do do do do do do do Hospital, Upper barracks, . Jail, do do do do do Occupation. Pilot, Hatter, Reduced officer, Sailor, do Master's mate,. . Midshipman, . . . Pilot, Sailor, do do do do do Farmer, Oysterman, .... Armourer, Soldier, do do DIE MERCURII, a. m. April llth, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman. Colo. McDougall, Mr. Van Zandt, Mr. Randall, Mr. Rutgers, Colo. Brasher, Mr. Roosevelt, Colo. Lott— For New-York. Mr. Tredwell— Suffolk. Mr. Everson — Dutchess. Mr. Cuyper — Orange. Mr. Paulding — Westchester. Mr. Van Derbilt — Kings. Mr. Bancker — Richmond. Mr. William Mercier, (who is appointed to superintend the fitting out the armed sloop Montgomerie, whereof Wm. Rogers is commandant,) applied for an order on the store keeper for 6 pr. pistols, 2001b. musket balls, 20 cartridge boxes, 6001b. gunpowder. Mr. Mercier also applied for the sum of £200, to be applied towards defraying sundry expenses accrued in fitting out said sloop. Thereupon, Ordered, That Mr. Richard Norwood deliver to Capt. Wm. Mercier six pair pistols, 2001b. musket balls, 20 car- tridge boxes, and 6001b. gunpowder, for the use of the armed sloop Montgomerie, Capt. Rogers. Ordered farther, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Co- lony, advance to Capt. Wm. Mercier, the sum of two hundred pounds, to be applied towards paying off the ac- counts of expenses accrued in fitting out the armed sloop Montgomerie, and take his receipt on account for the same. Colo. Miflin attending, informed the Committee that General Washington is very solicitous to have the great number of taverns and tippling houses in this city suppress- ed, because they tend greatly to debauch the soldiers ; and requests that this Committee will be pleased to regulate and make out a list of such tavern keepers and retailers of spirituous [liquors,] as this Committee shall deem ne- cessary for the convenience of the inhabitants of this city. The Committee, taking the same into consideration, Ordered, That Mr. Evert Bancker be, and he is hereby directed to withhold granting the excise on spirituous li- quors, to any person within the city and county of New- York, until the further order of the Provincial Congress or Committee of Safety of this Colony. JOURNAL OF THE COMMITTEE OF SAFETY. 409 Colo. Miflin farther informed the Committee, that it would be necessary to erect a wharf on Nutten island, for the more convenient and safe landing of the troops and stores which may from time to time be ordered to that is- land, and requested the assistance of this Committee in pro- curing timber for the same. Mr. Van Zandt said he would assist to procure logs. A draft of a letter to His Excellency Genl. Washington was read and approved, and is in the words following, to wit : " Sir — The Committee of Safety of this Colony, having been requested to apply to your Excellency to obtain a re- lease of seven citizens now detained on board the ships Phoenix and Asia, as prisoners ; they are well informed an exchange may be effected if your Excellency would be pleased to give the Committee the benefit of a number of your prisoners of equal rank. Should either of the ships depart with their prisoners on board, their respective fami- lies must labour under additional misfortunes. Some of them have been detained a long time. The Committee enclose a list of their names ; and beg leave to assure you, that they are, with the greatest esteem, " Your Excellency's most humble servts. " His Excellency Genl. Washington. " The names of the prisoners alluded to in the aforego- ing letter, are as follows, to wit : William Mount, master of a vessel ; Robt. Johnson, mate ; Wm. Berwick, pilot ; Jacob Germaine, pilot ; Charles Galatian, Wm. Dillon, boatmen ; Wm. Bicker, hatter, — Asia." Die Mercurii, 4 ho. P. M. April nth, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esquire, Chairman. Colonel McDougall, Mr. Van Zandt, Mr. Beekman, Mr. Randall, Mr. Kutgers, Mr. Sands, Mr. Denning — For New-York. Mr. Tredwell— Suffolk. Mr. Everson — Dutchess. Mr. Cuyper — Orange. Mr. Paulding — Westchester. Mr. Van Brunt — Kings. Mr. Bancker — Richmond. Lieutenant William Scudder sent into the Committee of Safety an open letter or memorial, dated on the 15th in- stant, which was read and filed. He thereby informs that he had received a warrant to enlist men in the Continental service in this Colony, in the company whereof Henry O'Hara is captain ; that he has enlisted and has on billet, in New- Jersey, about 35 men at his own expenses ; that Capt. O'Hara went to Albany about seven weeks ago, to return in three weeks, since which he has not had any intelligence from him ; that his men call daily for money, and will desert if he is not ena- bled to support them. He therefore prays the Committee to take some method for his relief. To the said letter was annexed a list of the names of forty-seven persons, non-commissioned officers and privates therein, said to be under the care of the said Wm. Scud- der. William Lightbourn, who was appointed second lieu- tenant in Capt. John Wyley's company in the first regi- ment, having resigned his warrant, (which was occasioned by the decease of his father,) Ordered, That the said Wm. Scudder be appointed and is hereby appointed 2d lieutenant in Capt. Wyley's com- pany, in the place of Mr. Lightburn ; that a warrant issue to him accordingly, and that he apply to Colo. McDougall for farther direction and assistance. A warrant was issued for Lieut. Scudder. Mr. Sands produced the following letters, which were read, in order to support his request for an order on the treasury for the sum of eleven hundred and fifty pounds, to pay for the sloop Sally and the schooner Polly. 103 " St. Eustatia, March the 2d, 1776. " Sir — I am sorry to relate to you the sad misfortune that I have met with on the high seas. On the 10th day of February, in the lat. 23° 09', long. 63° 00', I met with the Portland ship of war of 50 guns. In spite of my en- deavours, she brought me to, and took all my people and sent the sloop to Anteago, with two officers and 5 men. I had the good fortune to save part of my money, which I have lodged in the hands of Samuel Cousens. I expect to sail in 6 or 7 days for New-York, in a fast sailing sloop belonging to Amboy. I have enclosed a bill on Mr. Car- son & Seaton, and do intend to bring a copy of the same myself. " Sir, I still remain, yours, "WILKIE DODGE." A letter from Matthew Van Alstyne, to his brother Abra- ham Van Alstyne, of this city, merchant, dated St. Eusta- tia, Feby. 24th, 1776, of which the following is an extract : ,; I am sorry to inform you of my misfortune of being taken by the Pamone frigate. I had been at Martineco, and going to Guardeloop. I was becalmed under the land when he took me." Also another letter, from Capt. Mathew Van Alstyne, to Abraham Van Alstyne, dated St. Eustatia, Feby. 4th, 1776. " I am going to St. Christopher's, to take charge of Capt. Sanders' brig rather than come home, for the sea is full of all kind of cruizers. There is not one vessel in ten that escapes, going or coming. On my arrival here I wrote up to my friends at St. Christopher's, and related my mis- fortune of being taken." Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, pay to Mr. Comfort Sands six hundred and fifty pounds for the sloop Sally, whereof Wilkie Dodge was late master. And the further sum of five hundred pounds for the schoo- ner Polly, Mathew Van Alstyne, master, which was in- sured at that price by Sands, on account of this Colony. The Committee then proceeded to finish their resolutions for encouraging the manufacture of saltpetre in this Colo- ny; and the following resolutions, reported by Mr. Tred- well, were read, amended, approved of, and agreed to for that purpose, in the words following, to wit : " In Committee of Safety, ) " New-York, April nth, 1776. \ "Whereas the Continental Congress, on the 23d of Feby. last, ' did recommend it to the several Assemblies, Conventions and Councils, or Committees of Safety, and Committees of Correspondence and Inspection, in the United Colonies, to exert themselves in devising farther ways and means for promoting and encouraging the manufacture of saltpetre, and of introducing that manufacture into private families, and to the several Assemblies and Conventions in the United Colonies, that they establish public works in each and every county in their respective Colonies, at the expense of such Colonies, for the manufacture of saltpetre, and appoint committees of their own members immedi- ately to set up such manufacture :' " And Whereas the Provincial Congress of this Colo- ny have authorized the Committee of Safety to carry the above resolutions of Congress into execution : Therefore, " Resolved, That committees be appointed, agreea- ble to the said resolutions, to erect works for manufactur- ing of saltpetre in every considerable town or village in the several counties of New- York, Albany, Suffolk, Ulster, Orange, Dutchess, Westchester and Kings ; and that Isaac Stoutenburg, Samuel Prince and Evert Bancker, be a committee for that purpose in the city and county of New- York. " That Henry Glen, Abraham Yates, Junr. and Leonard Gansevort, be a committee for the like purpose, in the city and county of Albany. "That Thomas Tredwell, David Gelston and Ezra 410 JOURNAL OF THE COMMITTEE OF SAFETY. L'hommedieu, be a committee for the like purpose, in the county of Suffolk. " That Dirck Wynkoop and Charles De Witt be a com- mittee for the like purpose, in the county of Ulster. " That William Allison and John Haring be a committee for the like purpose, in the county of Orange. " That Peter Ten Broeck and Cornelius Humphries be a committee for the like purpose, in the county of Dutchess. "That Ebenezer Lockwood and Gilbert Drake be a com- mittee for the like purpose, in the county of Westchester. " And that John Van Derbilt, Nicholas Covenhoven and Rutger Van Brunt, be a committee for that purpose, in the county of Kings. "And the said committees are hereby severally authoriz- ed and empowered, in behalf and on account of this Colony, to contract with proper persons for erecting said works, and carrying on the said manufacture, under the superinten- dence and directions of the said committees. " And the said committees are hereby directed to report to the Provincial Congress, or Committee of Safety, from time to time, their proceedings in the premises, and the progress that shall be made in said manufacture. "And to encourage the setting up of private works, and the manufacture of saltpetre in private families, which is the only way of obtaining a speedy and effectual supply of that article, the committees hereby appointed in the se- veral counties, are empowered and authorized to purchase on the account of the Provincial Congress of this Colony, all well refined saltpetre that shall be made in this Colony, and offered to them for sale before the first day of Novem- ber next, at the rate of six shillings per pound ; and it is farther recommended to the committees of the several ci- ties, counties, towns, manors, precincts and districts in this Colony, in the neighbourhood of any places suspected to contain mines of sulphur, that they cause diligent search to be made for such mines in their respective districts, and report their discoveries to the Provincial Congress, or the Committee of Safety, without delay." Ordered, That the Secretaries prepare copies of these resolutions for the printers in this city, and that the same be printed in all the public newspapers in this Colony. " Edward Tylee being examined saith, that he has been a prisoner on board the Asia seven months ; that he was well treated by Capt. Vandeput during the whole time, and that upon the whole, he did not receive any ill treatment from any of the ship's company. This examinant farther saith, that Lord Rosehill informed this examinant just be- fore he came from on board the Asia, that he, Lord Rose- hill, had given the information to Captain Vandeput by the way of Amboy, which occasioned his being taken pri- soner. This examinant being examined relative to the Asia's firing on the city, said that he was not on board at the time, but was informed after being on board, that Captain Vandeput gave orders for the first firing, but that he, Capt. Vandeput, went down between decks to stop the 2d firing ; that the next morning the 1st lieutenant, Mr. Galbreath, had loaded an 18 pounder with grape shot to fire on the inhabitants ; that Capt. Vandeput jumped out of his cabin in his shirt to prevent it. " This examinant further saith, that one John Noble of this city, came continually on board the Asia with intelli- gence from this city ; that he has frequently heard him give intelligence on board, particularly relative to the troops taking possession of Bedlow's island ; that he, the exami- nant, heard Noble say, he managed and brought about the escape of Capt. Harris, when he, said Noble, was on guard ; that the said Noble the week before last brought on board 3 rifle guns ; that Lawrence Hartwick was another person who continually brought intelligence ; that he was one of the persons who attempted to set fire to the furnace with combustibles made on board the ship Asia, and gave the information which caused the two boats with iron to be seized ; that with respect to the supply of fresh provisions they used to have it brought on board by many persons who he did not know ; they refused to take Continental money for it ; that a blockmakcr, a tall man with a snuff- coloured coat, brown hair, who said he was a committee man, came on board twice some time in the month of No- vember, to the best of his knowledge, in company with one Lawce. Hartwicke ; that this examinant gave Hart- wicke a letter to carry for him to Nathl. Tylee in New- York, and that in the presence of the said blockmaker ; that the said blockmaker told this examinant, ' You know you and I are not of the same way of thinking ;' that the said blockmaker and Hardwicke broke the said letter open and showed the same to Captain Vandeput, as Captain Vandeput informed this examinant, upon which this exami- nant was more closely confined, and suffered considerably thereby. " This examinant further saith, that Mr. Bogert, the butcher, one or two nights before the ship Lady Gage was cut out, was on board the Asia ; that two or three nights after the cutting out of the said ship, the said Bogert was on board again, and was invited by the gentlemen of the gun-room to go down with them in the gun-room ; that this examinant was in the gun-room ; that this examinant heard Bogert say, that when he, Bogert, was coming from Bedlow's island, he saw Mr. Nixen put off from alongside the Asia, and that he, Bogert, lay down in the boat and let a sailor set upon him to prevent Nixcen's seeing him ; that the officers in the gun-room on informing Bogert of the expedition in cutting out the Lady Gage, and laugh- ing very heartily about it, one of the officers said to Bogert, ' We told you of our going upon that expedition the other night ;' that Bogert answered, ' Yes, you did, but I did not want to hear it ;' that one Nicolls, of Connecticut, a friend of this examinant, gave Bogert 16s. to purchase ne- cessaries with for this examinant; that Bogert brought him off 2 gallons of rum, and the remainder of the money he kept for near three months, though often solicited to bring him some necessaries for the remainder, which he never did, till a friend of this deponent came on board to see him, and who he gave an order on Mr. Bogert to receive it and send him some necessaries, which he accordingly did." "Neiv-York, nth April, 1776. " Sir — By the enclosed resolutions of the Honourable Continental Congress you will observe that they have thought it expedient to open the ports under several re- strictions ; and that they have also determined to make re- prisals by the seizing of British property. By the reso- lutions the Assemblies or Conventions of the Colonies are to appoint the proper officers who are to take the securi- ties of exporters, as also judges to determine on captures. As the Committee of Safety are incompetent for those purposes, and the trade of the Colony as well as its repu- tation will suffer if the necessary regulations are not made to enable the inhabitants to avail themselves of the benefit of the said resolutions, the Committee of Safety think it absolutely necessary that the Congress of this Colony do meet in this city on the first day of May next ; they, there- fore, earnestly entreat you to attend on that day that our constituents may, if they are so disposed, export their pro- duce and be as early as their neighbours at market. The Committee of Safety would not choose to be chargeable with any loss this Colony might sustain in consequence of any delay in complying with the resolutions of the Conti- nental Congress, in making on our part as a Colony the proper arrangement. " We are, sir, your humble servants, " By order of the Committee of Safety, " WILLIAM PAULDING, Chairman." James Smith, captain of the armed sloop called the Ge- neral Schuyler, and Colo. Alexander McDougall, of the city of New-York, executed their joint and several bond to the Honourable John Hancock, President of the Congress of the United Colonies, in the sum of five thousand dollars, with condition thereto that the said James Smith, com- mander of the said sloop shall not exceed or transgress the JOURNAL OF THE COMMITTEE OF SAFETY. 411 powers and authorities which shall be contained in his com- mission as commander of the said sloop, but shall in all things observe and conduct himself, and govern his crew, by and according to the same, and certain instructions therewith to be delivered, and such other instructions as may hereafter be given him ; and shall make reparation for all damages sustained by any misconduct or unwar- rantable proceedings of himself, or the officers or crew of the said sloop. Thereupon a commission was filled up and delivered to the said James Smith, as commander of the said sloop, and his instructions were also delivered to him. Thomas Cregier, commander of the armed schooner Genl. Putnam, and Thomas Randall of the city of New- York, duly executed a similar joint and several bond to John Hancock, Esqr. President as aforesaid, in the sum of five thousand dollars, with a similar condition thereto as to the conduct and behaviour of the said Thomas Cregier, and his officers and crew. Thereupon a commission was filled up and delivered to the said Thomas Cregier, as commander of the said armed schooner General Putnam, and a set of instructions deliver- ed to him. Capt. William Rogers, commander of the armed sloop Montgomerie, and Joseph Hallett of the city of New-York, duly executed a similar joint and several bond to John Han- cock, Esqr. President as aforesaid, in the sum of five thou- sand dollars, with a condition thereto for the good conduct and behaviour of the said Wm. Rogers, as commander of the said armed sloop Montgomerie, and of his officers and crew, in terms similar to the condition of the bond of the said James Smith and Alexr. McDougall. Thereupon a commission was filled up and delivered to the said Wm. Rogers, as commander of the said armed sloop Montgomerie, and a set of instructions delivered to him. Mr. Richard Norwood, commissary of Colony stores, made a return of the gunpowder purchased of Mr. Nicho- las Low, which was read and filed. It thereby appears that the quantity is 1,503 pounds ; and the quality thereof, as proved and ascertained by Mr. Jecamiah Allen, is but middling. A letter from Colo. Gilbt. Drake, dated the 9th instant, was read and filed. He thereby acknowledges the receipt of the letter from this Committee of the first instant, and says he will stop buying provisions ; and informs that John Thomas, Junr. Ebenezer Lockwood and himself, have bought about 1,000 barrels of pork and 600 barrels of flour. That the peas ordered from Albany are in store at Peekskill landing, and the pork stored in Cortlandt's Manor, Bedford and North Castle. A letter from twelve disaffected persons in Queens county, (usually called tories,) was read and filed. They therein say they have been disarmed, and therefore re- quest that they may be excused from being called out when the militia is called to train or muster. A letter from General Washington on the subject of put- ting a stop to any intercourse with the ships of war, was read and filed, and is in the words following, to wit : " Head-Quarters, llth April, 1776. "Gentlemen — There is nothing that could add more to my happiness than to go hand in hand with the civil authority of this or any other government to which it may be my lot to be ordered ; and if in the prosecution of such measures as shall appear to me to have a manifest tenden- cy to promote the interest of the great American cause, I shall encounter the local convenience of individuals or even of a whole Colony, I beg it may be believed I shall do it with reluctance and pain ; but in the present impor- tant contest, the least of two evils must be preferred. " That a continuance of the intercourse which has hi- therto subsisted between the inhabitants of this Colony and the enemy, on board the ships of war,is injurious to the com- mon cause, requires no extraordinary abilities to prove. A moment's reflection not only evinces this truth, but points out the glaring absurdity of such procedure. We are to consi- der ourselves either in a state of peace or war with Great Britain. If the former, why are our ports shut up, our trade destroyed, our property seized, our towns burnt, and our worthy and valuable citizens led into captivity, and suffering the most cruel hardships ? If the latter, my ima- gination is not fertile enough to suggest a reason in support of the intercourse. " In the weak and defenceless state in which this city was some time ago, political prudence might justify the correspondence that subsisted between the country and the enemy's ships of war ; but as the largest part of the Continental troops is now here, as many strong works are erected and erecting for the defence of the city and har- bour, those motives no longer exist, but are absorbed in others of a more important nature. " To tell you, gentlemen, that the advantages of an in- tercourse of this kind are altogether on the side of the en- emy, whilst we deiive not the smallest benefit from it, would be telling what must be obvious to every one. It is indeed so glaring that even the enemy themselves must de- spise us for suffering it to be continued ; for besides their obtaining supplies of every kind by which they are enabled to continue in your harbours, it also opens a regular chan- nel of intelligence by which they are from time to time made acquainted with the number and extent of our works, our strength, and all our movements ; by which they are enabled to regulate their own plans to our great disadvan- tange and injury. For the truth of this, I could produce instances, but as it may be the subject of future discus- sion, I shall decline it at present. It would, gentlemen, be taking up too much of your time to use further argu- ments in proof of the necessity of putting an immediate and total stop to all future correspondence with the enemy. It is my incumbent duty to effect this, convinced as I am of the disadvantages resulting from it ; and it cannot be thought strange or hard, that under such conviction I should be anxious to remove an evil which may contribute not a little to the ruin of the great cause we are engaged in, and may in its effects prove highly detrimental to this Colony in particular. " In effecting the salutary purposes above mentioned, I could wish for the concurrence and support of your Hon- ourable Body. It will certainly add great weight to the measures adopted, when the civil authority cooperates with the military to carry them into execution. It will also redound much to the honour of the government and of your Committee in particular, for the world are apt to judge from appearances ; and while such correspondence exists, the reputation of the whole Colony will suffer in the eyes of their American brethren. " It is therefore, gentlemen, that I have taken the liber- ty to address you on this important subject, relying upon your zeal and attachment to the cause of American liberty for your assistance in putting a stop to this evil, and that you will cooperate with me in such measures as shall be effectual, either to prevent any future correspondence with the enemy or in bringing to condign punishment such per- sons as may be hardy and wicked enough to carry it on otherwise than by a prescribed mode, if any case can pos- sibly arise to require it. " I have the honour to be, " With the utmost respect, gentlemen, " Your most obedient, humble servant, " GO. WASHINGTON." Ordered, That all the Deputies to the Provincial Con- gress now in this city, be summoned to attend this Com- mittee to-morrow morning at nine o'clock, and that the Continental Delegates now in this city be requested to at- tend, to take this letter into consideration. 412 JOURNAL OF THE COMMITTEE OF SAFETY. DIE JOVIS, A. M. April 18th, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding. Esqr. Chairman. Mr. Randall, Mr. Prince, Mr. Denning, Colo. Lott, Mr. Scott, Colo. McDougall, Mr. Bancker, Mr. Roosevelt, Mr. Van Zandt, Mr. Smith— For New- York. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Covenhoven, Mr. Van Brunt — Kings. Mr. Everson — Dutchess. Mr. Paulding, Colo. Gilbt. Drake, Mr. Thomas— Westchester. Mr. Bancker — Richmond. Philip Livingston and Francis Lewis, Esqrs. were pre- sent by request of the Committee. On application from the general committee of the city of New- York, Ordered, That Alexr. Moncrief be, and he is hereby, directed to receive into his custody all such persons as shall be, from time to time, committed by order of the general committee of the city and county of New-York, and confine them in the jail set apart for the confinement of prisoners committed by the Provincial Congress or Com- mittee of Safety of this Colony. Whereas this Committee is informed that the public service is greatly impeded by the neglect or refusal of the gunsmiths to despatch the work put into their hands by the Commissary : it is, therefore, Resolved and Ordered, That Colonel Curtenius do im- mediately apply to the several gunsmiths in this city, and employ them in fitting up the guns wanted for the public service ; and if any of the said gunsmiths shall refuse to be employed in the public service, or shall neglect to per- form the work assigned, in that case, the said Colo. Cur- tenius is hereby ordered and required to report to this Committee [such] as shall so refuse or neglect to despatch the public work. Mr. Adjutant-General Gates, attending, was admitted. 1st. He informed the Committee that the General con- ceives it would tend to public convenience and the good government of the army and punishment of delinquents, if the provost marshall could be supplied with a room in the jail for his prisoners, and also another room in the jail, or any other part of that building, for the holding of a court martial, if any such room can be spared in that building, and requests the intervention of this Committee in the premises. 2d. That it is the opinion of the General that proper per- sons should be appointed at different stations to make signals upon the approach of any enemy, and that corps of minute men or militia should be appointed immediately and have their directions to repair immediately on any signal given or alarm made, to particular places or stations assigned them respectively, to prevent the confusion or irregularity that will necessarily ensue on any such occasion, without such order or regularity. Ordered, that these matters be taken into consideration. Whereas many inconveniences may arise by admitting the inhabitants of this Colony to an unrestrained com- merce with the Continental troops stationed in this Co- lony : Therefore, Resolved and Ordered, That any inhabitant of this Colony do not on any pretence whatever, receive or purchase from any non-commissioned officer or soldier in the Continental service, any goods, clothing or other article whatsoever, unless such non-commissioned officer or soldier shall first produce to such inhabitant a certificate signed by the com- manding officer of the regiment or company to which such non-commissionod officer or soldier belongs, specifying the particular goods or articles which he or they are permilled to dispose of, together with the name or names of the vendor or vendors ; and the several committees and sub- committees in the respective cities, counties, towns, pre- cincts and districts in this Colony, are hereby requested to see that this resolution be strictly complied with. Ordered, That this resolution be published in the news- papers. " In Committee of Safety, ) " New-York, April 18th, 1776. S Whereas the Provincial Congress of this Colony, by their order of the 18th Feby. last, did forbid all communi- cation between the ships of war in the port of New-York and the ship in which Governor Tryon resides, on the one part, and all the inhabitants of the Colony on the other, except for supplies of necessary provisions for the use of the said ships only, under certain restrictions therein mention- ed : And whereas the said Congress on the 8th of March last, did resolve and order further regulations for furnishing such supplies as aforesaid, upon express proviso however, that the said supplies were to take place and be continued on condition that there should be no obstruction given to any boats or vessels bringing provisions, provender orfirewoodto this city ; which obstruction has nevertheless been repeat- edly given, and the benefit of such supplies are thereby become forfeited : And whereas the said Congress by a resolve of the 15th of March last, did, among other things, authorize this Committee to execute or cause to be execut- ed, orders, resolves and recommendations as well of the Continental as of the said Provincial Congress, and also to comply as far as this Committee shall think proper with any requisition by the General of the Continental forces or any or either of them : And whereas His Excellency General Washington has in writing signified to this Com- mittee, that he conceives any intercourse whatsoever with the enemies on board the said ships is injurious to the com- mon cause, by enabling them while they are furnished with provisions, to continue in our harbours and maintain a regular channel of intelligence advancive of their own plans and to our great disadvantage and injury, and has thereby requested our assistance in putting a stop to this evil and to cooperate with him in such measures as shall be effectual either to prevent any future correspondence with the enemy, or in bringing to condign punishment such persons as may be hardy and wicked enough to carry it on : It is, therefore, Resolved and Ordered, That no inhabitant of this Co- lany, upon any pretence or for any purpose whatsoever, either in person or in writing, directly or indirectly, do presume to have or maintain any intercourse whatsoever with any ship or vessel belonging to, or employed in, the service of the King of Great Britain, or any of his officers or ministers, or with any person or persons on board of the same, upon pain of being dealt with in the severest manner as enemies to the rights and liberties of the United North American Colonies. Resolved and Ordered, That His Excellency General Washington be furnished with a copy of this and the afore- going order and resolve, and be assured that this Commit- tee will cooperate with him in the execution of the same, and any other measure which may be judged by this Com- mittee advancive of the salutary purposes of his requisition. Resolved and Ordered, That a copy of the two afore- going resolves and orders be immediately published in handbills and in all the public newspapers of this Colony, and that a copy of these resolves be enclosed by the Chair- man to the General in the following letter, to wit : " Committee of Safety, ) "New-York, April 18th, 1776. { " Sir — Your recommendations of yesterday we took into consideration immediately on receipt of it, and there- upon framed the enclosed resolves and orders. We cannot sufficiently thank your Excellency for your most delicate attention to the civil government of this Colony, and beg leave to give you the strongest assurances that we most eagerly embrace this as we shall every other opportunity of cooperating with you in every measure JOURNAL OF THE COMMITTEE OF SAFETY. 413 which shall come recommended to us with the argument of public utility. " We are, sir, with the greatest respect, " Your most obedt. humble servts. " By order of the Committee. " To His Excellency Major-General Washington." Ordered, That a copy of the said letter be engrossed, and signed by the Chairman, and together with a copy of the said resolutions transmitted to General Washington. Messrs. Van Zandt and Randall, of the marine commit- tee, informed the Committee of Safety that the pilot boat, the Hamden, belonging to the Provincial Congress of this Colony is at Philadelphia, in the Colony of Pennsylvania ; that she can not, with safety, be brought from thence ; and that it is their opinion that the said vessel should be sold. Mr. Van Zandt further informed the Committee that a small quantity of goods which arrived in the said sloop Hamden, and belong to the Colony, are in his custody : Thereupon, Ordered, That the marine committee appointed by the Provincial Congress of this Colony sell the said sloop at Philadelphia, and pay the amount of the sales to the Trea- surer of the Provincial Congress of this Colony. And, Ordered farther, That the said marine committee do sell and dispose of the said goods and merchandise which were imported in the said sloop, and pay the amount of the sales thereof to the said Treasurer ; and that they deliver in to the Provincial Congress, or Committee of Safety, an ac- count of the amount of the sales of the said sloop and goods. A letter from the committee of the city of Albany, dated on the 2d instant, was read and filed. The said committee therein mention that the officers in that county recruiting for the four regiments of Conti- nental troops raising in this Colony find great difficulties for want of money ; that they have understood that money is allotted for that service, and they request that some mo- ney for the said troops may be sent to them. Die Jovis, 4 ho. P. M. April 18th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Chairman. Mr. Scott, Mr. Beekman, Mr. Randall, Mr. Smith, Colo. Lott. Colo. McDougall — For New-York. Mr. Tredwell— For Suffolk. Mr. Eversen — Dutches. Mr. Paulding — Westchester. Mr. Cuyper — Orange. Mr. Van Brunt — Kings. Mr. Bancker — Richmond. Colo. Ritzema, by a letter to the Chairman which was read and filed, requests an order to Mr. Norwood, the commissary of Colony stores, for arms for some of the men in his regiment who are destitute. Ordered, That Mr. Richard Norwood, commissary of Colony stores, deliver to Colo. Ritzema, or to such cap- tains in his regiment as shall have Colo. Ritzema's order, all the muskets and firelocks fit for use, noio in the Colony store, in his custody ; and that the said commissary take a receipt of Colo. Ritzema or the captains to whom such arms are delivered, to the end that the same may be ac- counted for and paid for to the Colony. A recommendation from Henry Wisner, Esqr. was read and filed. He thereby recommends Colo. Isaac Nicoll as a proper person for a field officer in one of the battalions to be raised in this Colony. Ordered, That Mr. McKesson inform Colo. Nicoll that there are not any directions from Congress for raising another battalion. DIE VENERIS, a. m. April 19th, 1776. The Committee met pursuant to adjournment. Present— Wm. Paulding, Esqr. Chairman. 104 Colo. McDougall, Colo. Lott, Mr. Roosevelt, Mr. Beekman, Mr. Smith, Mr. Rutgers, Mr. Randall— For New-York. Mr. Tredwell— Suffolk. Mr. Everson — Dutchess. Mr. Van Brunt — Kings. Mr. Cuyper— Orange. Colo. Gilbt. Drake, Major Lockwood, Mr. Paulding, Mr. Thomas— Westchester. Mr. Bancker — Richmond. Mr. Abraham Depeyster one of the sub-committee of the city of New- York, appointed to procure houses for hospitals, together with Mr. John Berrien another of the committee of New- York attended. Mr. Depeyster in- formed that the barrack master general had called on him for houses for an hospital, and that he requested the ad- vice of this committee in the premises. Mr. Depey- ster was thereupon advised to endeavour to get or procure empty houses near that already engaged for that use. Mr. Francis Child, the deputy sheriff, attending, was ad- mitted, he informed the committee that Derby Doyle is confined as a prisoner in the jail, and requested directions what is to be done with him. As the said Derby Doyle was taken by military order for some correspondence with, and aid given to the Minis- terial army and navy, and is a prisoner on that account, the particulars whereof are unknown to this committee, Mr. Child was directed to apply to the General for di- rections. Mr. Child farther requested that in fixing on rooms in the jail for the provost marshal and courts martial, the sheriff's jail rooms and the room in which he resides may be re- served. Benjamin Waldo, late a mariner and carpenter on board of the armed schooner Schuyler, James Smith comman- der, was admitted, he complains in substance, 1 st. That Capt. Smith having discharged him, and know- ing that he had refused to go to sea with him, Capt. Smith had prevented him from being employed as a carpenter on board of the armed vessel, commanded by Capt. Rodgers. 2d. That Capt. Smith had violently beat and abused him very much, without any just provocation. Ordered, That the doorkeeper summon Capt. Smith to attend at five o'clock, and the complainant attend at that time. A letter from the committee of Goshen precinct in Orange county, sent by Major Hetfield as the bearer, and covering the accounts of the blankets and arms pur- chased by the said committee, was read and filed, and is in the words following, to wit : " Goshen Precinct, April 16th, 1776. " Gentlemen — " In obedience to a request of the Honourable the Provincial Congress of the Colony of New-York, the committee of this precinct hath purchased and delivered unto Capt. Daniel Denton the number of guns and blan- kets agreeable to the enclosed accounts, with the voucher, which is humbly presented with a request that the bills may be discharged by paying the money unto Major Mo- ses Hatfield. " The committee also beg leave to inform your honoura- ble body that we have a number of good muskets, or fire- locks, remaining on our hands, which Capt. Denton would not give us his receipt for, because his soldiers did not please to take them. The committee humbly conceive that it was not the intention of Congress that the private soldiers of any company should have it in their power to reject the arms purchased by the committees and adjudged by them fit for the service ; and so the guns consequently fall upon the hands of those committees who have cheer- fully complied with the request of Congress ; therefore pray that you would be pleased to discharge the account which Major Hetfield will deliver to you of those guns also, and give farther directions to this committee in 414 JOURNAL OF THE COMMITTEE OF SAFETY. what manner you would be pleased to have them disposed of. " I am, in behalf of the committee, "Gent, your most obedient servt. "JOHN HATHORN, " Chairman of the Committee for the precinct of Goshen. " The Honble. Committee of Safety for the Colony of New-York." A draft of an answer to the committee of Goshen pre- cinct, was read and approved of, and is in the words follow- ing, to wit : "In Committee of Safety, ? "New-York, April 19th, 1776. $ " Gentlemen — We are favoured with your letter of the 16th inst. by Major Hetfield. We highly approve of your conduct in having so far supplied Captain Denton's com- pany with blankets and arms. " Please to send the five muskets which were refused, by some safe, careful person, and the first such opportuni- ty, to New- Windsor, with directions that they be sent to us by Capt. Jackson, or some other sloop whose captain may be relied on. " Major Hetfield has informed us that these five arms are good muskets, and that it is his opinion that several more very good arms may be purchased in your precinct. " We therefore earnestly request you to purchase as many more good arms as you can get at reasonable prices, and transmit them to us as above directed. " We are, respectfully, gentlemen, "Your very humble servts. " To the Committee of Goshen precinct, &e." Ordered, That a copy thereof be engrossed, signed and transmitted. Colo. Gilbert Drake, one of the members of Westchester county, brought to the Committee of Safety a bill of the money emitted by the late Provincial Congress, which is erased and altered, having been issued of the value of five dollars ; it has been attempted to be changed to a bill of the value of ten dollars, and the names. " Sir — This Committee having received information that some of the bills of the late emission of money struck by the Congress, for the public service, have been coun- terfeited, and are now passing in your county, you are requested forthwith to call the general committee of the county together, and take every step in your power to discover the counterfeiter or counterfeiters, and those who have passed the said bills knowing them to be counterfeit. For this purpose you are to order the persons accused to be brought before you, and to examine on oath the witness- es for and against the accused, and transmit the whole of your proceedings to this Committee, or to the Congress, if then sitting, that they may make further order therein. If upon the evidence that may be offered, your committee shall be of opinion that any of the persons accused are guilty, in that case you are forthwith to order them into close custody ; and if upon the whole of the evidence it should appear to you doubtful whether they are guilty, in that case you are to take good security that the prisoner or prisoners appear before the Congress at such time and place as they may appoint. But if, after hearing the whole of the evidence, you should be of opinion that the accused are not guilty, you are to discharge them. " We are, &c. " To Thomas Thomas, Esqr. Chairman of the Committee of West Chester county." Ordered, That a copy of the said letter be engrossed, and signed by the Chairman, and transmitted. A draft of instructions to Capt. William Rodgers, com- mander of the armed sloop Montgomery, was reported by Mr. Randall, and read and approved, and is in the words following, to wit : " Sir — As the armed sloop Montgomerie, whereof you are commander, is now completely fitted in a warlike man- ner, our orders are that you repair on board with your offi- cers and men, and proceed to sea and act against the ene- mies of the United Colonies, agreeable to your instructions from the Congress. " You are to cruise along shore on our coasts, any where between Sandy Hook and Cape May, or from Sandy Hook lo the east end of Long island. You are always too keep some inlet under your lee, so that you may secure a retreat from a superior force. Be careful to send such prizes as you may take, into some place of safety in the United Co- lonies. It is very necessary to have a good pilot on board, and also that you make yourself well acquainted on the coast. You are to assist any of the friends of the United Colonies by every means in your power, and assist to car- ry them into some place of safety ; and where different ob- jects for assistance offer at the same time, you are to give the preference to the vessels and inhabitants of this Colo- ny. You are always and by every opportunity, to advise the Provincial Congress, or Committee of Safety of this Colony, of your proceedings. " We wish you success, and remain, " Your friends and humble servts." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and delivered to the said Wm. Rogers. This Committee having taken into consideration the re- solutions and recommendations of the Continental Con- gress on the 21st of March last, for promoting the growth of hemp and flax, and the increase of wool, and the erect- ing and establishing manufactories in this Colony, agreed upon an essay and recommendations in the words follow- ing, to wit : "In Committee of Safety, ) " New-York, April 19th, 1776. $ " The Continental Congress have, by resolve, on the 21st of March last, recommended it to the several Assem- blies, Conventions, and Councils or Committees of Safety, and Committees of Correspondence and Inspection, that they exert their utmost endeavours to promote, among other things, the culture of hemp, flax and cotton, and the growth of wool in the United Colonies. " It is therefore most earnestly recommended to the in- habitants of this Colony to attend to the following consi- derations, which, exclusive of the best regard to the public good, must engage every farmer from a just attention to his own private interest, to the increase of the staples of hemp, flax and wool. " By the restraints which the Parliament of Great Bri- tain have most tyrannically imposed on our commerce, and the danger thence arising on the exportation of provi- sions, the husbandman has no inducement to employ his skill and industry in the produce of those articles, beyond the necessity of home consumption. It is therefore evi- dent that the culture of grain must, under our present cir- cumstances, naturally diminish. This diminution ought, from motives both of private interest and of public utility, to be compensated for by the improvement of our lands, in such a way as will most infallibly be attended with great profit to the land holder. As by the danger to which our exports are exposed, the usual growth of grain will neces- sarily be discouraged, it will be laudable economy to de- vote a larger part of our lands than usual to the culture of hemp and flax, and the pasturing of sheep. " The present great scarcity of linen and woollen goods will be increased to a distressing degree by the continuance of arbitrary parliamentary restraints on our trade and pru- dent Continental restrictions on our imports ; the latter of which would indeed necessarily fail, were there no other reasons for it than the want of sufficient exports to support them. From this scarcity we may in a great measure be relieved without loss to the public, and with manifest pro- fit to the farmer, by improving our lands in such a manner as will furnish both clothing and employment for our inha- bitants. " Our soil and climate naturally invite us to it, but our necessities and the prosperity of the husbandman clearly command it. It is doubtless the most advantageous use to JOURNAL OF THE COMMITTEE OF SAFETY. 415 which, in ordinary times, we can apply our lands ; but at this juncture the advantage will be so highly improved by the enhanced prices of hemp, flax and wool, that every farmer who neglects to take uncommon pains for the in- crease of those necessary articles, will be most culpably inattentive to the general weal and his own private interest. Little, therefore, would need to be said on this head, were we not urged to it by its vast importance. For this reason this committee do earnestly recommend it to every farmer in this Colony to exert himself to raise large quantities of hemp and flax, and to increase his stock, and improve his breed of sheep. "And in order to increase the breed of sheep, it is earnestly recommended to the inhabitants of this Colony, not to kill any lambs, nor any ewes under four years old, until further order of the Provincial Congress. And lest any farmers or butchers should be so far lost to all sense of public virtue, as to disregard this recommendation con- cerning the increase of our flocks of sheep, it is most ar- dently recommended to the inhabitants of this city, totally to abstain from the purchase of lamb and of such ewe mutton as they shall discover to have been, at the time of killing, under four years old ; and are requested to report to this Committee or the Provincial Congress all such per- sons as shall attempt to sell or purchase any lamb or mut- ton contrary to this recommendation." Ordered, That the aforegoing recommendations be forthwith published in all the public newspapers in this Colon)'. The Committee adjourned to 4 o'clock in the afternoon. Die Veneris, 4 ho. P. M. April 19th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Chairman. Mr. Scott, Mr. Randall, Mr. Smith, Capt. Denning, Mr. Beekman, Mr. Rutgers — For Keic-York. Mr. Tredwell— For Suffolk. Mr. Eversen — Dutches. Mr. Paulding— Westchester. Mr. Cuyper — Orange. Mr. Van Brunt— Kings. Mr. Bancker — Richmond. Garret Kip and Benjamin Burroughs informed the Com- mittee of Safety that Wm. Winterton, who was lately employed in the Ministerial service on the Pest island, is in this city and may be apprehended. Thereupon a warrant was made to Capt. Wm. W. Gil- bert in the words following, to wit : " The Committee of Safety being informed that Wm. Winterton, who was lately employed in the Ministerial service on the Pest island, is now in this city, and may be apprehended, " Ordered, That Capt. Wm. W. Gilbert, or any other officer of the militia in this city, possessed of a copy of this order, do exert himself (with such of his corps or company as he may think proper to command on that ser- vice) to apprehend the said William Winterton, and him safely keep, and bring him before the Committee of Safe- ty to be examined." The warrant issued to Mr. W. Walkins, as lieutenant in Capt. Van Wyck's company, in the regiment whereof Colo. McDougall is colonel, was returned, and Mr. John Reed is appointed second lieutenant in that company in his stead, on condition that he enlist thirty men in three weeks. Major Malcom Morison, having some time since re- turned his commission as major and resigned, and Capt. John Schenk being recommended as a proper person to fill that office, and the next in rank in that regiment, Ordered, That Capt. John Schenk be appointed to the vacant majority in the regiment of A letter from Egbert Benson, Esqr. chairman of the committee of Rhinebeeck precinct, Dutches county, dated the thirteenth instant, was read and filed. The said letter informs that the committee of the said precinct had lately committed Mordecai Lester, Esqr. and a certain Frederick Klein to the jail in Kingston, in Ulster county, as the peace and security of the precinct rendered the confine- ment of those persons absolutely necessary ; that the com- mittee at Kingston had requested of that committee to make provision for the support of the prisoners they had sent there ; that in pursuance thereof, the Rhinebeeck com- mittee had personally engaged for the support of Doughty, Lester and Klein. The residue of the said letter request- ed that means may be devised to make the maintenance of these prisoners a public charge, and assigned reasons for such request. On reading the said letter from Egbert Benson, Esqr. chairman of Rhinebeeck precinct, Resolved and Ordered, That the committee of Kings- ton, in Ulster county, be requested to furnish to Frede- rick Kleyn, a prisoner now confined in the jail at Kingston by order of the committee of Rhinebeeck precinct, in Dutchess county, such provisions as he may necessarily stand in need of for his subsistence during his confinement, and that the said committee transmit an account of the expense to this Committee or the Provincial Congress of this Colony for payment. Ordered further, That the said committee of Kingston be requested to provide in the same manner for Timothy Doughty and Mordecai Lester, other prisoners in the same jail, provided it shall appear to the satisfaction of the said committee that they have not estates or means sufficient to enable them to provide for themselves. A draft of a letter to the committee of Rhinebeck pre- cinct was read and approved of, and is in the words follow- ing, to wit : " Gentlemen — Your letter of the 13th instant, directed to the member attending from the county of Dutchess, was this day presented by Mr. Eversen, and immediately taken into consideration. " The Committee, confiding in the prudence of the Rhinebeck committee in apprehending and securing those persons whose conduct is inimical, and where their con- finement is absolutely necessary for the peace and security of the precinct, highly approve of your conduct with re- spect to Doughty, Lester and Klein. " Enclosed is the copy of an order transmitted to the committee of Kingston, relative to the support of your pri- soners now in their custody. "As a meeting of a new Congress is near at hand, this Committee does not think it prudent to make the order more general at present, leaving the matter for the consi- deration of Congress, on future application. " We are, gentlemen, "Your very humble servts. " To the Chairman and Members of the Committee of Rhynbeeck precinct, Dutchess county " Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. DIE S ABB ATI, 10 ho. a. m. April 20th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Chairman. Colo. McDougall, Mr. Denning, Mr. Randall, Mr. Rutgers— For New-Vcrk. Mr. Tredwell— For Suffolk. Mr. Eversen— Dutches. Mr. Van Brunt — Kings. Mr. Paulding — Westchester. Mr. Cuyper — Orange. Mr. Bancker — Richmond. A letter from the committee of Orange county, dated the 18th instant, was read and filed. They thereby recom- 416 JOURNAL OF THE COMMITTEE OF SAFETY. mend Mr. Setli Marvin for a captain, and Joshua Brown for first lieutenant of a company in the four regiments of Continental troops raising in this Colony. Ordered, That Mr. Seth Marvin, who is attending, be informed that there is not at present any vacancy for a captain, as the returns of the warrants issued by Congress are not received. Another letter from the committee of Orange county dated the same day was also read. They thereby request a copy of the resolution of Congress allowing a certain sum out of the treasury for the use of their county committee, and have therein inserted an order for the payment of the said money to Mr. Seth Marvin, the bearer. Mr. Seth Marvin was informed that, for want of money, the said order can not be complied with. A draft of a letter to the committee of Orange was read and approved of, and is in the words following, to wit: " Sir — The order of the committee of the 18th instant, for payment of the money allotted to your county, has been received and read. " We are sorry to be obliged to inform you that the drafts on our treasury have been so great that it is become empty. We hope soon to have it replenished. " A copy of the order of Congress for advancing to your county £200 will be forwarded to you by the next oppor- tunity. If you should appoint any other person to receive the money hereafter, you will please to draw an order simi- lar to the one now sent, mentioning the name of the person whom you shall direct to receive it. " We are respectfully, " Sir, your humble servants. " To Elihu Marvin, Esqr. Chairman of Committee, Orange county." Capt. Wynkoop requested an order to the contractor to supply him with rations of provisions for his mariners en- listed for the service on the lakes. Ordered, That Mr. Abraham Livingston, from time to time, supply Captain Jacobus Wynkoop with rations, from Monday last included, while he continues in this city, for the seamen raised for the service on the lakes, and for the said captain, according to Captain Wynkoop's returns, tak- ing receipts for the same. Mr. Chairman informed this Committee, that a certain Isaac Navaro is confined in the jail ; that he has made in- quiry, and finds that he has been there committed without any or on slight grounds. Ordered, That Alexander Montcrief, the keeper of the jail set apart for the confinement of prisoners committed by order of the Provincial Congress, this Committee, or the ge- neral committee of this city, be and he is hereby directed to discharge Isaac Navarro from his confinement, and that he be permitted to go at large. DIE MERCURII, 10 ho. a. m. April 24th, 1776. The Committee met pursuant to adjournment. Present— Colo. McDougall, Mr. Van Zandt, Mr. Randall, Mr. Evert Bancker, Major Stoutenburgh — New-York. Mr. Othoudt— Mbany. Colo. Van Coi tlandt, Colo. Jos. Drake— Westchester. Mr. Eversen— Dutches. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Mr. Polhemius— Kings. Mr. Ad. Bancker — Richmond. Colo. Pierre Van Cortlandt was unanimously chosen Chairman. Captain Jacobus Wynkoop attended the Committee, and informed that he had enlisted the number of seamen want- ed for the service of the lakes, and is ready to proceed by the first opportunity, which he expects will be to-morrow, and requested a letter to Genl. Schuyler, informing him on what conditions Mr. Wynkoop has entered into the ser- vice. Ordered, That one of the Secretaries prepare a draft of such a letter. Mr. Randal, of the marine committee, informed that he had at different times waited on the General, and spoken to him about the armed vessels fitted out by this Colony, of which the General had requested the loan. That, agreeable to the sentiments of the Committee of Safety on a former day, he had offered one or both of the sloops to the General on Continental account ; that the General ap- peared disinclined to take them, or either of them, on those conditions ; that the marine committee had agreed to lend him two of the vessels for service in the bay, and to send the third to sea. Mr. Randal farther reported, that Captain Smith has only twelve men, and wants eighteen more to man the sloop Schuyler, and that the General intimates that if he supplies the other men wanting in the said sloop, he would expect to appoint the master and officers on board. Captain James Smith was called in. He says that he does not expect that he can enlist the men wanting in the said sloop in this city, but imagines that he could get them in the neighborhoods in the East river. Ordered, That Mr. Randal wait on the General and in- form him that the Committee are ready to lend the sloop Schuyler to the General, agreeable to former promise, as soon as a sufficient number of men can be obtained for her, and that if the General chooses to take the said sloop on Continental account, at the expense of her purchase and outfit, she shall be delivered to his order. Colonel McDougall returned to the Committee the war- rant formerly issued to Mr. Lightburne, as second lieuten- ant of Captain Wylley's company, in the first regiment, Mr. Lightburne having resigned. Ordered, That a warrant be issued to Henry Douw Trip, as second lieutenant in Captain Wyley's company, in the stead of Mr. Lightburne, on condition that he enlist and bring to the company thirty men in three weeks. Mr. Francis Child attended, and was admitted ; he in- formed the Committee that five prisoners, who were for- merly confined below under the care of Montcreif, are now in the upper jails among the debtors, where they are very troublesome and do great mischief. That the provost mar- shal refuses to let them be below in the prison ; and Mr. Child requests that they may be removed out of the she- riff's prisons. Mr. Child further informed, that the provost marshal has also maltreated the turnkey of the jail, and some other persons in the jail, without any provocation, Ordered, That Mr. Randal inform the General that the provost marshal's conduct is very troublesome to the jailer and his prisoners, and inconsistent with peace and good or- der in the jail ; and that he farther inform, that the jail does not contain rooms sufficient to admit the provost marshal to continue there with his prisoners, consistent with the safety of the prisoners in the custody of the sheriff, and of those committed by the Provincial Congress, the Commit- tee of Safety and the general committee of this city, for conduct inimical to the liberties of this country. And Ordered, That Alexander Montcreif, the jailer of the Provincial Congress of this Colony, take the care and charge of William McDermot, William Alder, Joseph Woolcombe, Thomas Rimmington Harris and William Metcalf, into his custody, together with all the other pri- soners which were heretofore in his custody, and confine them in the room or jail below where they were formerly confined. And Ordered, That the said Alexander Montcreif have and keep the key of the said room, and the care and custody of all the said prisoners, without any interruption, until fur- ther order of the Provincial Congress or of this Committee of Safety. And Ordered further, That if Thomas Vernon shall hereaf- JOURNAL OF THE COMMITTEE OF SAFETY. 417 ter behave refractory, or do any damage to the place of his confinement during the time that he shall be a prisoner, that in such case the said jailer do confine the. said Thomas Vernon in irons, or otherwise, at his discretion. Captain Nathan Pearce, Junr. from Dutches county, at- tending, was admitted. He produced his warrant, dated the 27th of Feby. last, in which Dusenberry and Piatt are named as his lieutenants, and Thornton as his ensign. Captain Pearce reported that he has sixty-two men, who are enlisted and ready for service, and requests directions. Ordered, That Captain Nathan Pearce with his officers and company, be a part of Colonel Ritzema's regiment, and that he immediately apply to Colonel Ritzema and take his directions. And Ordered farther, That Captain Pearse apply to the county committee or to the committees of the precincts in Dutchess county, to supply his men with blankets, and with as many such good arms as are fit for use, of those taken from disaffected persons in their county, as will be sufficient to arm his whole company. And all committees in that county are requested to exert themselves to supply this company, and all the other companies enlisted in that County, with blankets and good arms. Die Merourii, 4 ho. P. M. April 2±th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Evert Bancker, Mr. Randall, Captain Denning — For New-York. Mr. Oothout— Albany. Mr. Cuyper— Orange. Mr. Polhemus— Kings. Mr. Tredwell— Suffolk. Colonel Van Cortlandt — Westchester. Mr. Adn. Bancker — Richmond. A letter from Captain Andrew Billings of the 22d of April instant, was received and read ; he therein request- ed a determination of this Committee that subaltern offi- cers may continue in his service. The recommendation from the county committee of Dutchess county, recom- mending the subaltern officers of Captain Billings' compa- ny, was also read ; they thereby recommend David Bald- win, for first lieutenant ; Elihu Marshall, for second lieu- tenant, and Thomas Cole, ensign. Ordered, That those gentlemen stand confirmed as the subaltern officers of Captain Billings' company. The letter from Captain Andrew Billings of the 11th instant, was read ; he therein mentions two guns, to wit : a musket and fowling piece, found by his men hid in straw under a barn at Mrs. Striker's farm in the out ward of the city of New-York, and mentions the particulars relating thereto. That he had left a billet in writing, informing Mr. Staple that he had taken the arms, and would keep them until he received orders. Ordered, That a letter be wrote to Captain Billings, directing him to get the arms valued by persons who are competent judges of their price. That he deliver the musket to such one of his soldiers as may choose to take it at the valuation, and that he retain the fowling piece till further order, and inform the Provincial Congress or Committee of Safety of the valuation of each. " Sir — Both your letters were delivered by Lieutenant Marshall and immediately taken into consideration ; en- closed is a certified copy of the determination of this Committee with respect to your subalterns. " As to the arms taken at Mrs. Striker's on your pas- sage up, you are directed to have them valued by persons who are competent judges of their price. The musket you may put in the hands of such one of your soldiers as may choose to take it at the valuation. The fowling piece you are to retain till further order, and inform the Pro- vincial Congress or Committees of Safety of the valua- tion of each. We are informed that Mrs. Striker has made great complaints of the rudeness of your men when 105 at her house, by treating her with indecent language, and carrying off eggs and bed clothes, &c. We hope you will exert yourself and prevent such behaviour in future, especially towards a female ; and that you will see that compensation is made if the complaint is well founded. " We are, sir, your very humble servants, " By order. " Captain Andrew Billings, Fort Montgomerie." Ordered, That a copy thereof be engrossed, and signed by the chairman, and transmitted. Several weeks being elapsed since the extracts of the resolutions of the Continental Congress, and the recom- mendations of this Committee for the disarming of disaf- fected persons were despatched to the county committees — no returns being as yet made, and arms much wanted for the troops, The following draft of a letter to be sent to the county committees, was read and approved of, vizt : " In Committee of Safety, ) " New-York, April 24th, 1776. ] " Sir — As it must be evident at first sight, that troops without arms will be only a useless expense to the public, we hope that upon the receipt of the former directions for carrying into execution the resolution of Continental Con- gress for disarming disaffected persons, the committees would have complied with a measure of such evident ne- cessity without delay ; but as we have not heard what steps have been taken in consequence thereof in your county, we think it necessary to request that you will ex- ert yourself to cause the said resolution of Continental Con- gress to be fully executed, if not already done in your county, according to said directions, as soon as possible, for arms are much wanted. " We are, most respectfully, sir, " Your very humble servants." Ordered, That several copies of the above letter be en- grossed, and signed by the chairman, and that the Secre- taries direct and transmit one to the chairman of each county committee in this Colony. Captain Jacobus Roosekrans attending with sundry other officers, they were admitted. Captain Rosekrans requested crokus or beds for his company. Ordered, That Colonel Curtenius deliver to Captain Rosekrans, crokus or beds for a full company, and take his receipt for the same. Captain Abraham Swartwout, of Dutchess county, re- quested the supply of sundry articles engaged to the troops raised in this Colony, for 50 men enlisted in his company. Ordered, That Colonel Curtenius deliver to Captain Swartwout a due proportion of each article (ordered to be provided for the troops raising for the defence of this Co- lony,) for 50 men of his company, and take his receipt for the same. And Ordered further, That Colonel Curtenius deliver to Captain John Belknap, a due proportion of each article or- dered to be provided for the troops raising for the defence of this Colony, for a full company, and take a receipt for the same. DIE JOVIS, 10 ho. a. m. April 25th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Van Zandt, Mr. Randall, Colonel Lott, Mr. Evert Bancker, Ma- jor Stoutenbergh, Mr. Prince, Captain Denning, Mr. Scott — For New- York. Mr. Oothout — Albany. Mr. Polhemus — Kings. Mr. Cuyper — Orange. Mr. Tredwell— Suffolk. Mr. Van Cortlandt — Westchester. Mr. Adn. Bancker — Richmond. 418 JOURNAL OF THE COMMITTEE OF SAFETY. A letter from Walter Livingston, Esquire, dated at Alba- ny on the 7th day of April inst. was read. For the reasons therein mentioned, (requesting that 400 barrels of pork may be sent to him for the use of the northern army, to be re- placed by the like quantity ordered from Connecticut by contractors appointed by Gen. Lee,) Ordered, That Mr. Van Zandt and Mr. Randall wait on General Washington and shew him the said letter. Messrs. Van Zandt and Randall returned and reported that the General had informed them that the 400 barrels of pork ordered from Connecticut were coming down, and might be soon expected, and that it will go to Albany with- out unlading, but that the General requested that the said letter might be shewn to Colonel Trumbull, Commissary- General. Ordered, That one of the Secretaries shew the said let- ter to Colonel Trumbull. Alexander Montcrief informed the Committee that the provost marshal of the army refuses to let him have the use of the jail room, which he formerly had, and that he is thereby hitherto prevented from obeying the order of this Committee, given to him yesterday, with relation to sun- dry prisoners therein named. Mr. Randall informed the Committee that his son has an inclination to purchase the sloop Bishop of Landaff, and therefore he would not choose to be concerned in making the sale. Mr. Van Zandt informed the Committee that Mr. Robert Randall had offered four hundred pounds for the said sloop, and he requested their advice in the premi- ses. The Committee were of opinion that, the said sloop is worth more, and desired that Mr. Robert Randall should be informed thereof, and know the utmost that he would offer. A letter from Colo. Gilbt. Drake, dated the was read and filed ; he thereby informs that Capt. Hyat, with his officers, have seventy men ready for the service. That on encouragement formerly given him, he has waited to know if there is any vacancy for the company. Capt. Hyat was desired to call in the afternoon. Two letters from General Washington*, one dated the 20th, and the other the 24th, were read. Ordered, That they be delivered to Mr. Scott to pre- pare a draft of an answer. Ordered, That Colo. McDougal be desired to make a return of the state of his regiment to this Committee, with all possible despatch. A draft of a letter to Major-General Schuyler, to be de- livered by Capt. Wynkoop, was read and approved, and is in the words following, to wit : " In Committee of Safety, } "New-York, April 25th, 1776. $ " Sir — Your letter of the 8th ultimo, requesting seamen for the service on the lakes, came to hand on the 16th; the Provincial Congress on that day sent Capt. Wynkoop to Major Douglass on that subject ; his answer was not satisfactory. The Committee of Safety wrote to him ; his letter in answer was, in our opinion, indeterminate. Capt. Wynkoop was ready for the service, but refused to serve under Major Douglass. The Committee of Safety imme- diately recommended Capt. Wynkoop to Congress for the command, enclosing copies of all the letters on the subject, and requesting they would give immediate directions, which we have not received. On the 13th instant, on sight of your letter to the General, we found that Major Doug- lass was gone to Connecticut. " We then prevailed on Captain Wynkoop to undertake that service, on condition to have leave to resign and leave that department, if any person should arrive there to take the command of the vessels as his superior. "Nothing but the pressing necessity of the case, an attachment to the service, the cause of his country, and to you, sir, as his general, would have prevailed on Capt. Wynkoop to enlist the men and proceed to put the vessels in order under the present uncertainty of his station. Should the appointment of a superior oblige him to quit that department, we hope, sir, it will not be considered to his disadvantage. " It was not in our power to send you seamen without an officer. We assure you, sir, that we have done every thing in our power in this matter, and had it not been for the difficulties which arose from the appointment of Major Douglass, you would have had the seamen in due season, and in the month of March. " We are, " With the highest respect and esteem, sir, " Your very humble servs. " M*jor-Genl. Schuyler." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. A letter from Saml. Tucker, Esquire, President of the Committee of Safety of the Province of New-Jersey, was read and filed, in the words following, vizt : " In Committee of Safety, I " New-Brunswick, April Wth, 1776. $ " Gentlemen — This day were brought before us three persons belonging to Westchester county, in your Province, who for some lime past have been on board the ship Lady Gage, and lately deserted from thence at Sandy Hook, and put themselves under the protection of our guard at the Highlands of Nevesink. Their names are Henry Smith, Isaac Horton and Stephen Daniels, by whose examinations it appears that one Thomas Gibson living at the Fish Kills, hath enlisted a number of persons in your government for the King's army ; that a boat was lately sent from the ships of war to Hempsted on Long island, for provisions, and not returned when they left the ship two days past ; that one Robert Hambleton, a schoolmaster, had enlisted a num- ber of men now on board the King's ships, and was gone to Westchester to enlist more ; Smith and Daniels it ap- pears were enlisted by said Gibson ; Horton says he was impressed on board the Asia last month. These persons will soon be sent to you. " By order of the Committee of Safety of New-Jersey. " I am, gentn. " Your most obedt. servt. " SAML. TUCKER, President. " To the Honble. the Provincial Congress, or Committee of Safety, New- York." A letter and recommendation from the committee of Kings district, in the county of Albany, recommending Thaddeus Noble as a gunsmith, was read and filed, and is in the words following, to wit : " To the Committee of Safety for the Province of New-York : " Gent. — Thaddeus Noble, gunsmith, of this district, has made application to us, the committee of the said district, for our recommendation in his behalf to your Committee, as an able workman at his trade or occupation of gun-making. " We being willing to lend said Noble our assistance in such a necessary and laudable business at such a time as this, when muskets are so much needed, to defend our na- tural rights and liberties against the potent power of Great Britain, "And do accordingly hereby recommend said Noble as a workman at said business, so far as we are acquainted therein, and can inform that we have often seen [specimens] of his said work, and that it has been generally to [the] ac- ceptance of the public. " And as the said Noble may not be able to procure all such materials as maybe necessary for carrying on said busi- ness, if you, gentlemen, should contract with said Noble for making muskets, &c. if he should want money for any part of the business, we desire you to furnish him therewith to the amount of thirty pounds, if he requires that sum, and on his failure we will be accountable for the same ; and any orders that you shall have occasion to give from time to time in the premises, we shall readily obey. If you grant JOURNAL OF THE COMMITTEE OF SAFETY. said request, please to let this Committee know, and the terms, &c. " Gent, we are your very obedient servants, (Signed,) " MATT. ADGATE, " Chairman of said Committee in the name and behalf of said Committee. * Dated Kings district, 18th April, A. D. 1776." The said Thaddeus Noble was called into the Commit- tee. They conversed with him on the subject of the said letter, and he was desired to attend again at five of the clock in the afternoon. The Committee adjourned to four o'clock in the afternoon. Die Jovis, 4 ho. P. M. April 25th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Mr. Randall, Colonel McDougall, Colonel Brasher, Major Stoulenbergh, Mr. Prince — For New-York. Mr. Tred well— Suffolk. Mr. Cuyper — Orange. Mr. Polhemus— Kings. Mr. Oothout — ilbany. Colonel Van Cortlandt — Westchester. Mr. Adn. Bancker — Richmond. Colonel McDougall informed the Committee that Gene- ral Washington requested of the Committee a copy of all the late resolutions of Continental Congress, relative to the fortifications in the Highlands. Ordered., That the Secretaries transcribe copies of the said resolutions, and deliver the same to the General. Captain Heman Allen attending, was admitted. He delivered a letter from Major-General Schuyler, as to sun- dry demands of Captain Allen, not within his department. Also, a certificate from Richard Varck, the General's se- cretary, certifying the number of men he had in service last year, with some other matters relative thereto. He also delivered a muster roll of his company, and a number of accounts for blankets, the use of arms, clothing, money by him advanced, commissions, and moneys by him received and paid, &c. whereby he claims a balance of upwards of three hundred and ten pounds. Ordered, That the said letters and accounts be referred to the auditors. Colonel McDougall informed the Committee that Gene- ral Washington had permitted Lord Drummond and Doc- tor Peter Middleton to go passengers in a vessel they pro- cured for that purpose, to Bermuda, on their parol of ho- nour, not to communicate any information or intelligence whatever, and in substance the same as the affidavit here- inafter written ; that the General submitted it to this Com- mittee to take such oaths of secrecy of the master, mari- ners, and other passengers going in the said sloop as the Committee should think proper. Thereupon the following oath was administered to John Healy, the master ; Thomas McKenney, the mate ; and to Nicholas Vineyard, Charles Le Telleir, and John Rose- mary, mariners of the sloop Charming Polly. " You do severally solemnly swear on the Holy Evange- lists of Almighty God that you will not communicate any information or intelligence whatever, either by word or writing, to any person or persons whomsoever, in any place whatsoever, relative to the state of the army or navy of the United Colonies in America, or any part thereof, or of any fortifications erecting for the defence of this city and Colony, or of any other part of America ; that you will take every care and precaution to avoid speaking with any British ves- sel or vessels belonging to the British navy ; and that you will not take any person or persons on board of your ves- sel but such as shall have permission from General Wa- shington or this Committee." John McAdam and Henry Nicoll, two passengers in- tending to go on board of the said sloop to Bermuda, and Robert Cheesly, a servant to Lord Drummond, severally 419 attended the Committee, and were respectively sworn in the words of the oath above mentioned, except the last sentence relative to taking passengers or other persons on board of the said vessel. A letter from General Washington, dated the 20lh in- stant, which had been before read, was again read, and now filed, and is in the words following, to wit : "April 20th, 1776. " Gentlemen — I thank you for the polite and ready at- tention you paid to my requisition of" the 17th instant. When the civil and military powers cooperate and afford mutual aid to each other, there can be little doubt of things going well. I have now to request the favour of your in- formation in what manner and in what time a body of 2,000 or 2,500 militia might be collected from this Colony for actual service, upon any sudden emergency. " Although we may not, and I trust in God shall not, have occasion for their aid, common prudence does never- theless dictate the expediency of a preconcerted plan for calling them in, that in case of necessity they may be drawn together in proper corps, without tumult or disor- der, and at the same time with the utmost expedition. This will not be the case if men are not regularly embodi- ed, and notified that they are to step forth at a moment's warning. " The idea which strikes me as the properest to be pursu- ed at present, is to establish out of the Continental forces good look-outs on the heights and head-lands at the entrance of the harbour, who, upon the appearance of a fleet, shall make such signals as, being answered from place to place, shall convey the earliest intelligence to head-quarters, of the strength and approach of the enemy. These signals, for greater certainty, to be followed by expresses, and then in case any thing formidable should appear, for the Com- mittee of Safety, if sitting, if not, to those to whom the power shall be delegated, upon application from the com- manding officer of the Continental forces, to order in one, two, or more battalions, as the exigency of the case may require ; or for greater despatch, such militia, or part of them, as shall be allotted to this service by the Commit- tee might be assembled, (if the town or its vicinity,) by signals to be agreed on. A mode of proceeding of a simi- lar kind concerted with Jersey, would bring in a reinforce- ment speedily, and without those irregularities and unne- cessary expenses which but too frequently attend the move- ments of militia. " Thus, gentlemen, I have expressed my sentiments to you upon the occasion. Your prudence will suggest to you the necessity of adopting these, or other methods of a like nature. " And your wisdom will point out the most effectual and expeditious manner of carrying them into execution. I therefore submit them to your consideration, and am, with great respect, " Gentlemen, your most obedient, " And very hum!, servant, "GO. WASHINGTON. " To the Chairman of the Committee of Safety for the Colony of New-York." Another letter from General Washington, dated the 24th instant, was also read and filed, and is in the words follow- ing, to wit : "New-York, April 24th, 1776. " Gentn. — It being necessary that I should know the number of troops to compose the army here, I must request the favour of your honourable body to inform me how ma- ny regiments are raising in this Province for the Continen- tal service, by older of Congress, and what their state is as to men and arms. From the accounts I have had, I have reason to fear there is a great deficiency in the latter, which at a crisis when nothing else seems left to decide the con- test we are engaged in, is truly alarming, and calls aloud on every power for their utmost exertions to procure them. " The pleasing and ready assurances I have received 420 JOURNAL OF THE COMMITTEE OF SAFETY. from you to cooperate with me in every measure advancive of the common cause, leave me no room to doubt but pro- per steps will be pursued for obtaining them, and lead me to ask what expectations and source you have for getting a supply. " If any officers have been commissioned by you, I shall be obliged by having a list of their appointments. "I have been informed that there is a number of arms at Kingston, that were taken from the tories in Dutchess county ; if so, are they not at your disposal, and can they be had? " I am, gentn. with the greatest respect " And esteem, your most obed. servt. "GO. WASHINGTON." A draft of an answer to the two letters received of Ge- neral Washington was read and approved of, and is in the words following, to wit : " In Committee of Safety, ? "New-York, April 25th, 1776. $ " Sir — The polite sensibility with which you have been pleased to treat our attention to your requisition of the 17th instant, affords us singular pleasure ; convinced, with you, that there can be little doubt that things will go well under an harmonious cooperation of the civil and military power, permit us once more, sir, to assure you of our most vigorous exertions in seconding your efforts in the common cause. " We wish it were in our power immediately to inform you in what time a body of 2,000 or 2,500 militia might be collected from this Colony for actual service on a sud- den emergency ; although we do not at present foresee that emergency it may nevertheless happen. It is, there- fore, our indispensable duty to be provided with a plan for calling them in with the utmost despatch, well equipped and without disorder; and this we are fully convinced can- not be effected without a preconcerted plan. To this end, we would request an explanation whether you would wish the proposed aid should exclude or include the militia of this city. As soon, sir, as we are favoured with an explana- tion on this head, we shall lose no time in forming an ar- rangement for so important a service. We flatter our- selves, however, that in either case, the required number will, upon such steps as we shall lake, be ready at a very short warning ; and lest necessity should require the aid in any small interval of adjournment of this Committee, we shall take care to have our place supplied by a sub- committee to comply with the application of the Com- mander-in-Chief whenever the exigency of affairs shall re- quire it. " Give us leave, sir, to express our approbation of the plan you propose for establishing good look-outs, and as you, very properly, judge it best that they be made out of the Continental forces, we can only assure you that upon no- tice of the approach of danger, or on any other necessity for the assistance of the militia, all the succours in our power to command shall be most cheerfully and speedily contributed. " We shall consider of a necessary signal on such oc- casion, which may perhaps be best settled when we know that, which besides expresses, is to convey intelligence to the Commander-in-Chief from the look-outs you propose to establish. The whole plan would perhaps be best formed in concert with New-Jersey, the vicinity of which will afford this city as speedy succour as the nearest coun- ties in this Colony. On this head we are ready, sir, if you should think it necessary, to appoint a committee to meet you for settling the arrangement, especially as while we cannot sufficiently thank you for the confidence you are pleased to place in us, we cannot think of taking so mo- mentous a matter entirely upon ourselves. " We heartily wish, were it in our power, to inform you of the present state of the New-York Continental troops ; the number of troops to be raised by us, and destined by Congress for the protection and defence of this Colony, is four battalions ; besides these there is one battalion for the Canada service, directed to be commanded by Colo. Van Schaick, an inhabitant in the northern part of this Colony ; this regiment was naturally to be recruited in that quarter; for this reason, the moneys sent to us for that purpose by Congress, we immediately sent to General Schuyler, who has the forming of that battalion solely under his direction. " With respect to the four battalions, Congress has thought proper to put them under our immediate direction, saving, in the appointment of field-officers, the right of ap- pointing out of our recommendation ; the field-officers are all appointed and a list of them is subjoined ; we have is- sued warrants to all the officers under that degree ; we have taken the necessary steps for filling up the battalions and for enforcing a return of their present state, with which we will furnish you as soon as we are possessed of them. The list of those under the degree of field-officers is so mutable in its nature that it would answer no purpose to trouble you with it now ; their warrants are all conditional in their nature ; if any of them are negligent or unfortu- nate in recruiting, they must give way to new appoint- ments, for we are determined to fill the four battalions with the utmost expedition, and for this purpose we have order- ed returns ; when the arrangement is settled it shall be laid before you. You cannot, sir, feel more sensibly than we do, at the prospect of a deficiency of arms at a crisis when we are compelled by Great Britain to the last appeal, in which we must, without arms, necessarily prove unequal combatants ; we should, therefore, esteem ourselves deaf to the most alarming call, should we not exert our every power to procure them. When the affair of Lexington proclaimed the war, this Colony was extremely destitute of arms ; our brethren of New-England, who were first called on for the defence of American liberty, had purchas- ed many arms from our inhabitants ; our Colony troops were supplied last year with arms at our Provincial ex- pense ; most of those still remain in the Canada service. These considerations, together with our ineffectual at- tempts to obtain foreign supplies, increase the difficulty of arming our battalions. We are not, however, without hopes of succeeding ; we have made several contracts al- ready with manufacturers ; we have published encourage- ment for people in that branch. We shall continue to make as many contracts for the purpose as we shall, from time to time, have in our power ; we have also di- rected the committees in the several counties to purchase arms ; and we hope we shall be able to furnish our four battalions. The number already furnished by our Com- missary is 311 ; he has still on hand a few. We have reason to believe many of our troops will come provided ; and upon the whole, we hope we shall not be very defi- cient in so material an article. Colo. Ritzema is authoriz- ed to send an officer into the different counties wherein his officers have recruited, for the purpose of collecting from the committees the arms that have been taken from the disaffected inhabitants, and as we have given repeated and pressing orders to the committees to execute the Con- tinental resolve for disarming tories, we hope for some supply from that source. Your information concerning the arms at Kingston is well-founded, and we shall immediate ly order them either to this city or to be applied for arming the troops raising in that quarter. We assure you, sir, we shall not fail to furnish you with returns of the men and arms as often as we shall be able to procure them. "We would beg leave, sir, to inform you that, since the commencement of hostilities our situation and the public exigencies have obliged us to submit to the burden of a great variety of departments not properly within the sphere of a Provincial Congress, such as paymaster, commissary, &c. for Continental service, in the course of which we have received and issued large sums of Continental money, and though our accounts are nearly ready to lay before Congress, they are so excessively voluminous that it will require some weeks to complete them. However, though JOURNAL OF THE COMMITTEE OF SAFETY. 421 the balance is not struck, we are sure it must be considera- bly in our favour. In the mean time, sir, we should think ourselves inexcusable were we not to inform you that we have not one farthing of Continental money iu our hands, and that the public service under our care is now suffering for want of an immediate supply. We shall, without de- lay, apply to Congress, but we can not have the necessary relief from that quarter so soon as the despatch of business requires it. We are, therefore, constrained to request of you the advancement of £6,000, of which, if you please, you may estimate the subjoined advancements to the diffe- rent commanding officers as a part, and for which we are ready to give you a receipt ; or if you think it best to ad- vance the whole sum to us, we will debit the Congress with the moneys advanced to those gentlemen. " We are, sir, with the " Greatest respect and esteem, " Your most obedt. servts. " To His Excellency Genl. Washington." On a separate sheet was transmitted, with this letter, a list of the field officers of the four regiments raised for the defence of this Colony ; the list of the moneys lent to general officers, and a copy of the state of the companies, as under named, vizt : " The following companies are placed in Colonel Ritzema's regi- ment: Captain Billings, a full company, at the fortifications in the High- lands, ordered to New-York. Captain Denton, a full company, at Xew-York. Captain Riker, a few men. Captn. Hardenbergh,. a full company, at fortifications, ordered to New-York. Captn. Horton, no return made. Captn. Hobby do Captn. Hutchins, nearly full, at New- York. Captn. Fearce, do ordered to the city. Besides the above regiment, Colonel McDougalFs, and that raising in Albany and Tryon counties, the following companies, at the time of the last returns to the Committee, consisted of the following numbers, and will be speedily regimented : Captain Swartwout, 50 men, at the fortifications. Captn. Rosekrans, 77 do at do Captn. Belknap, full, at do Captn. Jackson, full, at do Captn. Childs, no return made. Captain Griffin, full, j) Qn d . Suff , k . rf f G Captain Davis, fuU, \ nera / Heath „ * J Captain Roe, near full, > " 1776— Feb. 10. To General Lee, £400 0s. Od. 28. To ditto 1,000 0 0 March 26. To General Thompson, 120 0 0 April 1st. To General Heath, 810 4 5£ £2,330 4s. 54 « 11th April, 1776. $ " Sir — Yours of the 1st instant, together with a copy 424 JOURNAL OF THE COMMITTEE OF SAFETY. of General Putnam's letter of the 5lh, directed to the Chairman of the Committee of Safety of the Province of New- York, we have before us, and note the contents. " We have now the officers of five companies recruiting in this city and county ; their names and their number of men by them respectively enlisted, you have in the enclos- ed return, and considering that nearly the whole of Colo. Van Schaick's regiment is recruited in this county, and that General Schuyler has engaged here a number of car- penters and batteaux men for the Continental service, we are persuaded that no part of the censure thrown on this Colo- ny can justly be attributed to this county. Besides, our offi- cers, without an advance of a shilling of money, must ne- cessarily meet with difficulties in recruiting, when with many the principal inducement to enlist arises from the hopes of cash. This committee, some time ago, apprized of these difficulties, wrote to Congress for such a sum of money as they might conceive necessary to promote the service. " Without any authority over the troops, this Committee are at a loss to know how they can order their march ; they will refer the request to General Schuyler. " By the promotion, death or removal of several of the militia officers in this city and county, it often hapens that vacancies arise in the regiments. We would, therefore, be glad if you would furnish this Committee with about one hundred blank commissions, which will be filled up from time to time as occasion may arise, and return to Congress the names of such officers as shall be so commissioned. " We observe a resolve of the Continental Congress, re- questing all tories to be disarmed. We humbly request to receive, with all speed, your instructions in the premises. " We are, respectfully, sir, " Your very humble servts. " By order of the Committee. " ABM. YATES, Junr. Chairman." The list and returns of the companies raising in the county of Albany, were read and filed, and are in the words following, to wit : " Albany, April 11th, 1776. "List of officers recruitingin the city and county of Albany, and the number of men enlisted from each company. "Corns. Van Santvoordt, capt. ; Abraham Becker, 1st lieut. ; Obadiah Vaughan, 2d lieut. ; David Becker, en- sign — 89 men enlisted. " Samuel Van Veghten, capt. ; John Hoogkirk, 1st lieut.; John Ball, 2d lieut. ; Daniel Everts, ensign — 47 men en- listed, officers included. " John H. Wendell, capt. ; John C. Ten Broeck, 1st lieut. ; John Welch, 2d lieut. ; John Ostrander, ensign — 49 men enlisted, officers included. " Gerrit S. Veeder, Junr. capt. ; Solomon Pendleton, 1st lieut. ; David Bates, 2d lieut. ; Ephraim Snow, ensign — 38 men enlisted. "Harman Vossburgh, capt. ; Barent Staats Salsbury, 1st lieut. ; Isaac Bogert, 2d lieut. ; Silas Howard, ensign — 70 men enlisted, officers included. " 2 companies in Tryon county. Henry O'Harro, cap- tain in Charlotte county. " Col. Wynkoop, Lieut. Col. Van Cortland." The Committee took the said letter and return from the committee of Albany into consideration ; and thereupon Ordered, That the companies within mentioned, the Iwo Tryon county companies and Captain O'Hara's com- pany, compose Colonel Wynkoop's regiment. And, Resolved and Ordered, That Peter V. B. Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, advance to Lieut. Colonel Philip Van Cort- landt, the sum of one thousand pounds out of the first moneys that shall come into the treasury, for the recruit- ing and billeting of Colo. Wynkoop's regiment ; that Lieut. Colo. Van Corllandt proceed to Albany to forward the recruiting of the said regiment ; that he wait on His Ex- cellency General Washington, for such directions as he may choose to give, and that he call on Colo. Wynkoop in his way, for his aid and direction and assistance. Resolved and Ordered, That Doctor Ebenezer Havi- land be and is hereby appointed surgeon to Colonel Wyn- koop's regiment, and that he immediately take the directions of the field officers of the regiment, as to his duty and attendance. The committee then took into consideration the appoint- ments of companies to Colo. Clinton's regiment, and thereupon appointed the following companies to compose that regiment, vizt : 1 . Capt. Griffin's company ; 2. Capt. Rosekrans' company ; 3. Capt. Davis' company ; 4. Capt. Jackson's company ; 5. Capt. Bellknap's company ; 6. Capt. Swartwout's company ; 7. Capt. Child's company ; 8. Capt. Roe's company. Ordered, That a copy of this appointment be given to Lieut. Colo. Henry B. Livingston. Colo. McDougall informed the Committee that there are some of the sentinels of Colo. Ritzema's regiment sick, and that it is necessary to appoint a surgeon or mate to take care of them. As Doctor Woodruff who has been recommended by Colo. Ritzema to that regiment, is not yet returned from Canada, and is soon expected, the Committee determine to appoint a surgeon's mate to the regiment. The certificate of Doctor John Jones and Doctor Saml. Bard, dated the 13th day of April, recommending Daniel Menema, and which has since remained on file, was read. Ordered, That Daniel Menema be appointed, and he is hereby appointed, surgeon's mate to the regiment of Con- tinental troops, whereof Rud. Ritzema, Esqr. is colonel. The Committee took into [consideration] the recommen- dation of two gentlemen to the Continental Congress, for the majority of Colo. McDougal's regiment. And there- upon Resolved and Agreed, That Major Barnabas Tuthill, of Suffolk county, and Capt. Marinus Willett, of this city, be recommended to Congress for that office. Doctor Treat, at the request of the Committee, attend- ed. He informed the Committee that he has reason to believe that the orders to Mr. Adams for medicines for two of the armed vessels are nearly completed. That bark is scarce and not to be obtained. That the quantity pur- chased by the Colony and in his care is large, being 100 weight or upwards. That medicines are provided for three regiments of this Colony. That he stands in need of one or two pounds of bark for the use of such Continental troops now here as have not surgeons to their regiments. That Adams has some pretence to a preference to a small part of those me- dicines, if any are spared, because he made and furnish- ed to the importer the invoice for importing them. Mr. Adams' application for part of the medicines was also read. Ordered, That Doctor Treat supply Mr. Adams with such medicines out of those in his custody, belonging to the Colony, as will complete the medicine chests for the armed vessels ; and also with five pounds of bark for Mr. Adams' own use. And Ordered, That Doctor Treat have liberty to use so much of those medicines as he shall have occasion for, for the use of the troops which he now does or shall hereafter attend, while the medicines are in his custody. DIE LUNiE, 10 ho. a. m. April 29th, 1776. The Committee met pursuant to adjournment. Present— Pierre Van Corllandt, Esqr. Chairman. Mr. Scott, Mr. Sands, Colo. McDougall, Mr. Bancker— For New- York. Mr. Othoudt— For Albany. JOURNAL OF THE COMMITTEE OF SAFETY. 425 Colo. Van Cortlandt— Westchester. Mr. Leffertse — Kings. Mr. Tredwell— Suffolk. Mr. Wynkoop — Ulster. Only six counties appearing, the members continued together till one o'clock, and adjourned to three o'clock. Die LuNiE, 3 ho. P. M. April 29th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. Chairman. Mr. Scott, Mr. Sands, Colo. McDou!*alI, Mr. E. Bancker— For New- York. Mr. Othoudt— For Albany. Mr. Wynkoop— Ulster. Mr. Cuyper — Orange. Mr. Tredwell— Suffolk. Colo. Van Cortlandt — Westchester. Mr. Leffertse — Kings. Henry Van Rensselaer, Esqr. attending, was admitted. At his request they consented and agreed that Mr. have four weeks to complete his application for the loan of one thousand pounds for the erection of a powder mill, by giving the necessary security and entering into contract, agreeable to the resolution of the Provincial Congress. A draft of a letter to the committee of Albany, in an- swer to their letter of the eleventh, was read and approv- ed of, and is in the words following, to wit : " Gentlemen — We acknowledge the receipt of your favour of the 11th instant, with the returns of the com- panies raising in your county. " These companies, with the two companies from Try- on county and one from Charlotte county, are placed un- der Colonel Wynkoop ; and Lieutenant-Colonel Van Cort- landt with one thousand pounds in cash, proceeds immedi- ately for Albany to take charge of the regiment, unless Colonel Wynkoop should be there. " The treasury has been empty many days. This has rendered us unable to give any prior assistance with cash. " Enclosed you have copies of the resolutions and re- commendations for disarming disaffected persons. We again earnestly recommend to you to carry them into exe- cution without delay, and with all possible vigour. " We expected Peter R. Livingston, Esqr. had furnish- ed you with these resolutions long since, and the arms of such disaffected persons would in part arm the troops rais- ed in this Colony for Continental service. " We have not the number of blank commissions you request. We have not delivered out any blank com- missions hitherto, and hope it will not be inconvenient to your committee to have them delayed until the meeting of Congress. " We are respectfully, gentlemen, " Yours, &c. " Abraham Yates, Junr. Esqr. Chairman, and the Members of the Committee of the County of Albany." " In Committee or Safety, ) New-York, April 29th, 1776. ] " To Genl. Washington. " Sir — Your favour of the 27th we have received ; in answer to which we would inform you that we shall, as soon as possible, take measures for put- ting our militia in such a situation as to afford the army the most speedy and effectual assistance in our power whenever you shall think it necessary to call for their aid, either for the defence of this or the neighbouring Colonies. We thank you for the information respecting the signals fixed upon below to give intelligence of the approach of an enemy. We assure you, sir, we meant not by our letter to intimate the least desire of being consulted in that matter, for which the gentlemen of the army must be more competent than ourselves. But as you intimated that similar signals might possibly be of service in assem- bling the militia in the neighbourhood of this city and the 107 adjacent parts of New-Jersey, we proposed to appoint a committee to wait upon you, that we might be informed of any plan that you might have thought of for that pur- pose. We omitted in our last to inform you that we have not been entirely inattentive to the subject of this part of your recommendation ; every regiment of our militia has its place of rendezvous appointed, and riders are fixed at dif- ferent stages in this and the neighbouring Colonies, to alarm the country in case of invasion ; but if upon consi- deration, we shall judge that signals may be of service in calling in our militia more speedily than can be done in that way, we shall communicate to you our determination upon that head. We are sorry to find there is a possibili- ty of misunderstanding the passage in our letter respect- ing the four battalions raising in this Colony. Be assured, sir, that we never considered them as under our direction except so far as concerned the forming and equipping them ; and if you will be pleased to refer yourself to our last let- ter, the distinction taken therein between the four battal- ions and Van Schaick's regiments, will convince you that we meant nothing more than in obedience to Congress to have the completing of them for the command of the Con- tinental general ; nor do we esteem them so pointedly un- der our direction in this respect, as to exclude your solici- tude as Commander-in-Chief, to have them speedily com- pleted and armed — a solicitude highly becoming your sta- tion, and which, instead of affording the least ground for umbrage, serves to heighten the opinion which your for- mer conduct has invariably taught us to entertain of your vigilant attention to the important duties of your office, and of your zeal for the defence and security of the rights of this much injured country. You have an unquestiona- ble right to know the slate of the regiments raising in this Colony, and it has given us no small concern that we have not been able to procure the necessary returns from the counties (though we have some time since taken the pro- per steps for that purpose) to enable us to give you other than a very partial and unsatisfactory information upon that head. We enclose you a return in which you will find the first battalion is most deficient ; the return is formed from information which came to hand since we had the honour of writing our last letter to you. We send you herewith a blank warrant containing our terms of enlist- ment, which are substantially a copy of the resolutions of Congress. But upon these we would observe, that al- though it appeared to us that the defence of this Colony was the primary or more immediate object for which the four battalions were designed, yet we took particular pains to inform the recruiting officers, that we did not conceive that to be the only object, but that they would be liable to be ordered into any of the neighbouring Colonies (Canada excepted) where the commanding officer in this department should judge their assistance to be necessary for repelling the invasions of our common enemy. We hope, sir, that the general nature of the cause we are engaged in, the generous attention of the Continent to the defence and se- curity of this Colony, and the readiness of our neighbours to come to our assistance, from time to time, when they have apprehended us to be in danger, will serve to exclude from our minds the narrow distinction of Colonies, and teach us to esteem the British fleets and armies as much our enemies while on the coasts of Connecticut, New- Jersey or Carolina, as if they lay in the East river. " We have to acknowledge the receipt of your letter of this day, enclosing the resolve of Congress, on the subject of arming the New-York battalions, in answer to which, we beg leave to refer you to our letter of the 2f>th instant, and to assure you that we shall exert ourselves by every means in our power for their being properly armed and ac- coutred." " In Committee of Safety, ? " N. York, 29th April, 1776. J " Gentlemen — On the 23d of March last, we wrote to you upon a subject of the utmost importance — the com- 426 JOURNAL OF THE COMMITTEE OF SAFETY. mand in the marine department on the lakes. Our appli- cation was occasioned by a letter from General Schuyler, a copy of which we then enclosed to you. The General, in that letter, informed our Congress that, in case Major Douglas should decline that command, there was ' no per- son he would more willingly have to command the vessels than Capt. Wynkoop, and requested, at any rate, to send him up the soonest possible, with a sufficient number of sailors for the two schooners and sloop.' We further in- formed you, that we immediately sent for Capt. Wynkoop, communicated to him the General's letter, and sent him with a copy of it to Major Douglass. That he delivered it to him, and received for answer, from Major Douglass, that he was then in service, and that it would be at least two months before he could attend at the lakes, if his health would permit. That we, thereupon, wrote him a letter, a copy of which, and of his answer, we also enclosed to you. In our letter to him, we gave him a gentle reproof, for his uncertain answer to Wynkoop, and signified that we ex- pected his immediate answer, and, in case of his accept- ance, he should stand ready for the execution of his duty at a minute's warning, whenever the service should require it. In his answer, he informed us, ' I told Capt. Wynkoop what I now tell you, that whenever I should receive orders from the Congress, or the General, I was willing to com- ply if my health would permit ; and as Capt. Wynkoop is desired by the General to get his men and go up, I beg you would assist and forward him, and if I am not called upon, shall endeavour to serve my country in some station of" as much importance as to command on the lakes.' We farther reminded you, in the above mentioned letter, that the season was so far advanced that the service would suf- fer, if the vessels on the lakes were not immediately em- ployed ; and conceiving that Major Douglass's indetermi- nation would make room for a new appointment, we took the liberty, through you, to recommend Capt. Wynkoop as a person who was bred a mariner, had frequently been mas- ter of mercantile vessels, had served with reputation last war, both in the land and sea service ; that we then thought him (as we still do) an officer of merit, and that we had heard his conduct in the last campaign highly applauded, and conceived him to be worthy of the trust, and thought, from General Schuyler's letter, the appointment would not be disagreeable to him. We farther informed you that Capt. Wynkoop would not continue in the marine service under Major Douglass ; but that, nevertheless, we had pre- vailed on him, with the argument of danger that the ser- vice would suffer, to engage seamen and proceed to the Ge- neral with all possible despatch. To this letter we have hitherto not been favoured with an answer, but have heard a report that some order from Continental Congress has been sent to Major Douglass to repair to the post assigned him. General Schuyler, still attentive to the importance of the service on the lakes, in a letter of 4ih instant to General Thompson, who furnished us with a copy of it, writes thus : ' Will you be so good as to request the New-York Congress that the sailors may be sent up without delay.' In consequence of this, we sent for Capt. Wynkoop, be- ing convinced of the impossibility of sending up the sea- men without an officer, and engaged him to enlist the men and proceed to put the vessels in order, under the present uncertainty of his station, on condition that he be permitted to quit the service, in case he should be superseded. Of this we informed General Schuyler, by letter of the 25th instant, of which Capt. Wynkoop, who is gone up with his seamen, is the bearer. " After what has been said already, in recommendation of Capt. Wynkoop, we shall presume to say no more than that in case Major Douglass should decline, we hope that this fresh instance of Capt. Wynkoop's zeal for the public service, added to his former merit, will have sufficient weight with the Congress to confirm him in that command, which was destined for Major Douglass. " We herewith send you the petitions and remonstrances of New-York for redress of grievances. " Major Benedict of the first New-York battalion, con- ceiving himself unfit for that office, has made a voluntary resignation, by which that majority has become vacant. On this occasion we conceive it to be our duty to hold up two candidates for the choice of Congress. Major Barna- bas Tuthill, of Colo. Holmes' regiment of the last year's service, and the person who from an attention to rank we put on the list of lieutenant-colonels for the present levies, is one. He was an officer in the last war, and we have never heard any thing to his disadvantage, either in civil or military character. Capt. Marinus Willet was in ser- vice during the last war, and was captain in the last year's New-York levies ; and with an attention to his rank as se- cond captain in the first battalion, and when Capt. Wi- senfelt, who was the first captain, was promoted to a lieu- tenant colonelcy, we recommended Capt. Willet for the majority, but by some mistake, as we conceive, Capt. Be- nedict, the 2d captain of the fourth battalion, was preferred to him. Capt. Willet can not, in our opinion, have a bet- ter recommendation than General Schuyler's letter to us the 4th of March last, which is literally as follows, to wit : ' When an officer has acted with remarkable attention and propriety, it becomes a duty in his commander to give pu- blic testimony of it. Such has been the conduct of Capt. Willet during the last campaign. He is therefore entitled to the attention of his country.' For these reasons we beg leave to hold up Capt. Willet as another candidate for the majority ; and are, &c. " To our Delegates at Phila." " New-York, 29th April, 1776. " Gent. — Sometime before I left Cambridge, I receiv- ed an order of Congress to apply to the Assemblies or Conventions of the four New-England Colonies for arms to supply the deficiency of their respective regiments, and if not to be had, to discharge the men that wanted them. When I came to this place and was informed by Colo. Ritzema of the want of this article for his regiment and the other troops of this Colony, it became my duty to make this want known to Congress, at the same time giv- ing it as my opinion, that as we found it no easy matter to recruit men with the expedition they were required, it might be disserviceable to discharge any of the York troops, as some lucky hit might throw arms into our hands; in consequence of which I received by post the enclosed resolution, which, without delay, I lay before your ho- nourable body, " And am, gent. yr. most obedt. hble. serv. " GO. WASHINGTON." " In Congress, April 26, 1776. " Resolved, That none of the troops already raised be for the present disbanded for want of arms, and that the General apply to the Convention and Committee of Safety of New-York for such arms as may have been collected under the resolve of Congress for disarming non-associa- tors and disaffected persons, or any other arms they can supply and deliver to the New- York troops." DIE MARTIS, 10 ho. a. m. April 20th, 1776. The Committee met pursuant to adjournment. Present — William Paulding, Esquire, Chairman. Mr. Scott, Mr. Sands, Mr. Evert Bancker, Capt. Denning— For New- York. Mr. Oothout — Albany. Mr. Cuyper — Orange. Mr. Leffertse — Kings. Mr. Tredwell— Suffolk. Mr. Paulding — Westchester. Mr. Wynkoop — Ulster. JOURNAL OF THE COMMITTEE OF SAFETY. 427 Mr. Abeel, deputy chairman of the general committee of the city of New-York, attended and was admitted. He informed that a number of fire-arms, formerly belonging to the troops under the command of Captain Clark, are at Captain Clark's house. Ordered, That Mr. Scott call on Mr. Clark and make inquiry as to those arms. Mr. Abeel further informed, that by the unanimous con- sent and request of the committee he was directed to in- form the Committee of Safety that Mr. Robert Ray has had the management, inspection and direction of all per- mits to vessels permitted to export ; and that the general committee request, that in the establishment of a custom house, Mr. Ray may be thought of as an officer. Major Malcom, Captain Wool and Mr. Blake, of the second battalion, attending, were admitted. Major Malcom informed the Committee that, by the resignation of seve- ral officers and the consequent promotion of other gentle- men in their places, new commissions are become neces- sary for most of the officers of the said battalion. That he and the gentlemen with him were sent to request of the Committee the said commissions. Major Malcom further informed, that the officers of that regiment have amongst themselves thought of such persons as would be agreeable to them for field officers ; that the regiment are fully sensi- ble that the right of nomination of field officers belongs to this Committee and not to the regiment, but that the offi- cers of the regiment, notwithstanding, request to know whether it will be agreeable that they should mention in their return (by way of recommendation) the names of those gentlemen who would be agreeable to the regiment, for field officers. The Committee informed Major Malcom and those gen- tlemen with him, that new commissions should be made out for the captains and subalterns of the said regiment when a return of their names and rank should be made to this Committee ; and that it would be agreeable to the Committee that the officers of that regiment should men- tion in their return the names of those gentlemen of whom they approved for their field officers, and that they send their return to this Committee by Mr. Stoutenbergh as soon as convenient. Mr. Comfort Sands informed the Committee that he is about to make a journey to and beyond Albany ; that by a determination of the committee at Albany, it is become necessary that every friend to liberty travelling through their district have a passport from some committee of the place from whence he came ; that therefore he requests a certificate of this Committee. A certificate was given to Mr. Sands in the words following, to wit : " It is hereby certified that the bearer hereof, Mr. Com- fort Sands, is a respectable and useful member of the Pro- vincial Congress of this Colony and of this Committee of Safety ; that he has steadily exerted himself as a sincere and active friend to the liberties of this country, and as such he is hereby most cordially recommended to all friends to American liberty." "New-York, 30th April, 1776. " Gentn. — I perceive by the tenor of your favour of yesterday, that my letter of the 25th has given umbrage, which I am sorry for, as it was not, most distantly, in my ideas to give any. " Three things led me to suspect that the York batta- lions were not upon the same establishment of the other Continental troops — current report, an implied exception in the order for detaching six more battalions to Canada, and that part of your letter signifying that four of these battalions were to be raised under your immediate direc- tion, which intimation, coming in corroboration of the two first reasons, (for I never had any information of this mat- ter from Congress) led me to believe that you intended it as a genteel hint that I was not to consider them in the same light I did the others. It was not to be wondered at, therefore, that I should wish to know the extent of my au- thority over them, (that my conduct might be regulated thereby) or that I should be so solicitous in arming regi- ments raised for local purposes as those for the general service, when the latter are also greatly deficient in this essential point. These were the ideas that filled my mind at the time of writing. If the extreme hurry, occasioned by a variety of business which is continually pressing upon me, clouded the meaning I wished to convey, I can only add that it never was, and I hope never will be, my intention to give unprovoked offence. Of this your Com- mittee may be once for all assured — that it is my earnest wish to cooperate with them in every measure which can conduce to the general good, and that if I should, at any time, differ from them in the means, I shall feel my share of the concern. " Being with respect, gentn. " Yr. most obed. hble. sert. " GO. WASHINGTON." DIE MERCURII, 10 ho. a. m. May 1st, 1776. The Committee met pursuant to adjournment. Present — Mr. William Paulding, Chairman. Colo. McDougall, Major Sloutenburgh, Mr. John Van Cortla&dt, Colo. Lott, Mr. E. Bancker — For New-York. Mr. Othoudt— For Albany. Mr. Wynkoop — Ulster. Mr. Paulding — Westchester. Mr. Tredwell— Suffolk. Mr. Cuyper — Orange. Colo. Van Brunt, Mr. Polhemius — Kings. A letter from Christopher Tappen and Joseph Gasherie, Esqrs. loan officers of the county of Ulster, dated at Kings- ton, April 23d, and directed to Mr. Wynkoop, was read and filed. They thereby inform that they have received more of the money mentioned in the resolution of the ninth day of March last, than they will be able to let out. They also mention sundry other difficulties as to carrying the said resolution into execution. Ordered, That the said letter remain for the considera- tion of the Provincial Congress. A letter from Capt. John Belknap, dated at Fort Mont- gomery, yesterday, was read and filed. He therein com- plains, that by the list or arrangement which he has seen, of Colo. Clinton's regiment, he is placed below Capt. Wm. Jackson ; that he is willing to serve his country, but can- not serve his country in that rank. Mr. Stoutenburgh delivered in a return of the field offi- cers, captains, subalterns and staff officers, of the second battalions, as at present arranged. The same was read and filed. Ordered, That commissions issue for the officers of that company, agreeable to the said return. Ordered, That Mr. Bayley, of this city, cutler, be di- rected to exert himself to finish, with all possible despatch, the trepanning instruments and scalpels, which he was em- ployed to make for this Colony ; that he give that work the preference, as it is the most important, and that one of the Secretaries serve Mr. Bayley with a copy of this or- der. Die Merctjrii, 4 ho. P. M. May 1st, 1776. The Committee met pursuant to adjournment. Present — Mr. William Paulding, Chairman. Colo. Lott, Capt. Denning, Capt. Rutgers— For New- York. Mr. Othoudt — For Albany. Mr. Wynkoop — Ulster, Mr. Paulding — Westchester. Mr. Tredwell— Suffolk. Mr. Cuyper— Orange. Colo. Van Brunt— Kings. 428 JOURNAL OF THE COMMITTEE OF SAFETY. A letter of John Jay, Esqr. one of the Delegates of this Colony at Continental Congress, was read and filed, and is in the words following, to wit : " Gentlemen — The Congress having been informed of a very extraordinary oath ordered by Governor Tryon to be administered to passengers in the late packet, where- by they bound themselves not to disclose any thing relative to American affairs, except to the Ministry, have ap- pointed a committee (of which I am one,) lo ascertain this fact. " I must, therefore, request of you, gentlemen, to ap- point proper persons to examine into this matter, and, if possible, ascertain the truth of the report by affidavits taken before the mayor, or one of the judges of the supreme court. " I have the honour to be, gentlemen, " Your most obedt. servt. "JOHN JAY. "Philadelphia, 27 'th April, 1776. " To the Honble. the Commiltee of Safety for the Colony of New-York." Ordered, That Mr. Alderman Brasher and Capt. Den- ning, be a committee to take the said letter and comply with the contents thereof, and report thereon to the Pro- vincial Congress or this Committee of Safety. Francis Lewis, one of the Delegates of this Colony to the Continental Congress, attended the Committee, and delivered in a charge against John Thurman and Nor- mand Tolmie, which he said was in the handwriting of one of the witnesses, was read and filed, and is in the words following, to wit : "On the evening of Tuesday, the twenty-third inst. April, Messrs. John Thurman and Normond Tolmie, re- Eorted in the presence of Messrs. Willm. Maxwell, Willm. lowther, John Ramsay and David Currie, that Francis Lewis, Esqr. having had an order from the Continental Congress to make a purchase of a considerable quantity of duck in this city, for the service of the public, which he effected at the rate of three pounds currency per piece, but that he charged and rendered an account thereof to the said Congress, at the rate of four pounds ten shillings said currency per piece for same. " Also mentioned that there were several instances where persons had sent their vessels with cargoes to sea, of their own property, with whom the Congress had agreed to run the risk of the whole interest if lost or taken, and that on the arrival of said vessel the owners were to receive one hundred per ceni advance on the. cargoes from the Congress." Thereupon, Ordered, That Messrs. John Thurman and Normond Tolmie, of the city of New-York, do respectively person- ally appear before this Committee, at the Assembly Cham- ber in the City Hall of the said city, to-morrow at 1 1 o'clock in the forenoon, to answer to a charge exhibited against them by Francis Lewis, Esqr. for publicly charg- ing him with fraud in the execution of a trust to which he is appointed by order of the honourable the Continental Congress. Ordered, That Mr. Pettit, the door-keeper, serve Messrs. Thurman and Tolmie each with a copy hereof, and that Mr. Pettit summon the witnesses to attend likewise. Mr. Pettit returned and informed the Committee that he had been to the usual places of abode of Messrs. Thurman and Tolmie ; that he was informed that Mr. Thurman was gone to Albany, that Mr. Tolmie was abroad, but was ex- pected home in the morning, and that he left a summons at his house. DIE JO VIS, a. m. May Id, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman. Mr. Scott, Mr. Evert Bancker, Capt. Denning — For New-York. Mr. Oothout — Albany. Mr. Wynkoop, Mr. Wisner — Ulster. Mr. Paulding, Mr. Thomas, Major Lockwood, Colo. Gilbt. Drake — Westchester. Mr. Tredwell— Suffolk. Mr. Cuyper, Colo. Allison — Orange. Colo. Van Brunt, Mr. Covenhoven — Kings. Mr. Adn. Bancker — Richmond Normand Tolmie, pursuant to the summons of this Com- mittee of yesterday, attended. Mr. Tolmie denied the general charge as exhibited against him by Mr. Lewis. Mr. Maxwell and Mr. Currie attended likewise. Mr. Maxwell, on his examination, says that Mr. Thur- man said, in the hearing of him, Mr. Currie, Mr. Lowther and Mr. Ramsay, that in several instances persons had sent vessels and cargoes to sea of their own property, with whom the Congress had agreed to run the risk, and that the persons or shippers, were to have a profit of 100 per cent on the proceeds of the cargo, and that Mr. Tolmie said he had heard the same story some months ago. Mr. Maxwell farther said that Mr. Thurman declared, in the hearing of him, Mr. Maxwell, and the other gentlemen, that Mr. Lewis had purchased a quantity of duck, by or- der and on account of the Continental Congress, at the rate of £3 per piece ; and that Mr. Lewis rendered an ac- count of the same at the rate of £4 10s. per piece ; that Mr. Thurman said he knew this of his own knowledge. Mr. Currie being called, agreed with Mr. Maxwell in his relation of the whole conversation. Mr. Tolmie acknowledged that on Mr. Thurman's re- lating the matter relative to the Congress insuring the ves- sels, and allowing the person so great a profit, he said he had heard the same story some months ago ; that he had entirely forgot who he heard it of. A letter from John Lloyd, Junr. to John Sloss Hobart, Esqr. dated the 8th of April, and another letter from Mr. Loyd to Thomas Tredwell, Esqr. dated the 25th of April, the subject whereof is hereinafter recited, were severally read. The Committee came to a determination thereon, in the words following, to wit : Whereas, Henry Loydd, who is under the censure of the public, and has lately fled from Boston, with the Ministerial fleet and army, hasleft a considerable real and personal estate in Queens village, in Queens county, on Nassau island in this Colony : And whereas his nephew John Lloyd, Ju- nior, of Queens village aforesaid has, through John Sloss Hobart, Esquire, represented, to this Committee his wil- lingness to save the said estate from destruction ; and that the live stock belonging to the said Henry Lloyd is in a suffering condition, and if not removed will, from its ex- posed situation, be in danger of falling into the hands of the enemy during the course of the summer, and requested the opinion and advice of this Committee what steps he should take respecting said estate, especially the live stock : Resolved, That it be recommended to the said John Lloyd, Junr. that he, together with Zebulon Williams and Samuel Townsend, Esquires, do take an exact inventory and appraisement of all the real and personal estate of the said Henry Lloyd within this Colony, and report the same in writing under their hands to this Committee, or the Pro- vincial Congress of this Colony, without delay ; and that JOURNAL OF THE COMMITTEE OF SAFETY. 429 the said John Lloyd, Junior, remain in possession of the said real and personal estate, and that he do not make any sale or transfer of any of the said real or personal es- tate, until order can be taken therein by Provincial Con- gress. Ordered, That one of the Secretaries certify a copy thereof, to be transmitted to the said John Lloyd, Junr. Die Jovis, P. M. May 2d, 1776. The Committee met pursuant to adjournment. Present — Wm. Paulding, Esqr. Chairman. Mr. Scott, Colo. McDougall, Mr. Evert Bancker, Colo. Loll, Capt. Denning — For New-York. Colo. Gilbt. Drake, Mr. Paulding, Major Lockwood, Mr. Thomas— Westchester. Mr. Oothout — Albany. Mr. Wynkoop, Mr. Wisner — Ulster. Mr. Covenhoven, Colo. Van Brunt— Kings. Mr. Tredwell— Suffolk. Colo. Allison, Mr. Cuyper — Orange. Mr. Bancker — Richmond. A letter from Cornelius D. Wynkoop, Esqr. colonel of the 4th regiment of the Continental troops, raising for the defence of this Colony, directed to Dirk Wynkoop, Esqr. was read and filed. He therein recommends Mr. George Graham as sur- geon's mate to his regiment. A certificate from the Doctors John Jones and Samuel Bard, dated April 10th, 1776, was also read and filed. They therein certify that they have attentively examined Mr. George Graham respecting his knowledge in physic and surgery, and that they find him completely qualified to act as a surgeon's mate. Thereupon, Resolved and Ordered, That George Graham be and he is hereby appointed surgeon's mate to the 4th regi- ment of Continental troops, whereof Corns. D. Wynkoop, Esqr. is colonel. Ordered, That Colo. Curtenius supply to any of the field officers of Colo. Clinton's regiment, or the order of any one of them, and in the absence of all the field officers of that regiment, then to the captains of that regiment respec- tively, the following articles for the respective companies of that regiment, who have not already been supplied, vizt : shoes, frocks, bed covers, cartridge boxes, bells and gun- slings, canteens, haversacks and hose, and that he take receipts of such field officers or captains to whom he shall have delivered the same. Colonel Gilbert Drake having informed this Committee that he is bound by bond for seventy pounds and upwards, payable to William Lownsberry, one of the persons con- cerned in spiking the cannon at King's Bridge, and who escaped from confinement, and is now supposed to be on board the Asia ship of war, on the first day of this instant, May, and that Reuben Bloomer had applied to him by let- ter, signifying that he was authorized by the said Lowns- berry to receive the said moneys, and demanding payment thereof ; Ordered, That the said Colonel Drake withhold pay- ment of the said moneys until further order of this Com- mittee or the Provincial Congress of this Colony ; and that Colonel Drake cause a copy of this order to be served on the said Reuben Bloomer. A letter from Isaac Gidney, dated the twentieth day of April, was delivered by Colo. Joseph Bull, and read and filed. The said Isaac Gidney requests to be enlarged on his giving security in such manner as this Committee shall direct. Resolved and Ordered, That Isaac Gidney, a prisoner confined in the county jail of Westchester county by order of this Committee, be and he is hereby discharged from his confinement, and permitted to go at large, on his giving sufficient security to the chairman of the committee of the said county that he will personally appear before the Pro- vincial Congress or Committee of Safety of this Colony 108 when he shall be thereto required ; that he will not bear arms against the inhabitants of the American Colonies, or do any other act inimical to the liberties of the said Colo- nies, or contrary to any resolution or order of the Continental Congress, or of the Provincial Congress or Committee of Safety, or of any of the county committees of this Colony during the present contest between Great Britain and the American Colonies, and on his paying the expenses of his confinement, if he has any means wherewith to pay the same. Whereas Joshua Gidney, of Westchester county, who was confined as prisoner for his agency in spiking up the cannon beyond King's Bridge, formerly escaped ; and it ha- ing been intimated to this Committee of Safety that the said Joshua Gidney is desirous to return to his family and give security for his appearance when required and future good conduct; Resolved and Ordered, That the said Joshua Gidney be and is hereby permitted to return to his family in West- chester county and to go at large, on his giving sufficient security to the chairman of the committee of the said coun- ty, that he will from time to time personally appear before the Provincial Congress or Committee of Safety of this Colony when he shall be thereunto required ; that he will not bear arms against the inhabitants of the American Co- lonies, or do any other act inimical to the liberties of the said Colonies, or contrary to any resolution or order of the Continental Congress, or of the Provincial Congress or Committee of Safety of this Colony, or of the committee of any county in this Colony, within which he may reside, during the present contest between Great Britain and the American Colonies. A return from Wm. Cross, chairman of the committee of Hanover precinct, in Ulster county, dated the 22d of April, was read and filed. He thereby returns Henry Van Keuren, (who had been formerly elected first lieutenant,) duly chosen captain of the company of militia of foot, (for- merly commanded by Capt. William Jackson, now in the Continental service,) and Robt. Munnel, duly elected first lieutenant in the place of Henry Van Keuren promoted ; that the elections were held agreeable to the rules and or- ders of the Provincial Congress, in the presence of John Barkly, James Rea and the said Wm. Cross. Ordered, That commissions issue for these gentlemen agreeable to the said return; and they were then issued ac- cordingly. Mr. Garrison, chairman of the committee of Richmond, now present, requests to know, 1st. Whether the inhabitants will be paid for some fire- wood furnished to the troops in Richmond county, and whether they must continue to supply the said troops with firewood ? 2d. To whom the committee must apply for payment for repairing the guard-house, which was done at the request of Lord Stirling. He was directed to apply to Colo. Mifflin for both of these matters. Mr. Garrison mentioned that he had lent a small sum to an officer recruiting in Richmond, and requested to know if he would be repaid. He was desired to send in his account before the billet- ing roll recruiting fees of the company are paid off. DIE VENERIS, 10 ho. a. m. May 3d, 1776. The Committee met pursuant to adjournment. Present— Mr. Evert Bancker, Colo. McDougall — For New-York, Mr. Othoudt— For Many. Mr. Wynkoop, Mr. Wisner, Junr. — For Ulster. Mr. Cuyper, Colo. Allison — Orange. Mr. Ad. Bancker — Richmond, 430 JOURNAL OF THE COMMITTEE OF SAFETY. Mr. Tredwell— Suffolk. Colo. Gilbt. Drake, Colo. Jo. Drake, Major Lockwood, Mr. Thomas, Mr. Paulding— For Westchester. Colo. Van Brunt— Kings. Mr. William Paulding, who has been Chairman, with leave departed, that county being fully represented ; and Dirck Wynkoop, Junr. Esqr. was unanimously chosen Chairman. The Committee being informed that Capt. Jesse Hunt of Westchester county, is about to take a journey to South Carolina, they made a certificate as to Capt. Hunt, and delivered for his use a copy thereof, in the words following, to wit : " It is hereby certified that the bearer hereof, Capt. Jesse Hunt, of New-Rochelle, in Westchester county, is one of the captains of the militia, in Colo. Drake's regiment, of that county, formed pursuant to the regulations of the Provincial Congress of this Colony. That the said Jesse Hunt is a most vigilant and active officer, a steady friend and guardian of the liberties of his country, and in his pri- vate character a gentleman of good reputation ; and he is hereby cordially recommended to all friends to American liberty." A return from the committee of Southold, attested by Ro- bert Hempsted, chairman, whereby it appears that the following persons were chosen officers of two companies of minute men, in Colo. Josiah Smith's regiment, viz : "1st company — Jonathan Bayley, capt.; Joshua Youngs, 1st lieut. ; John Tuthill, 2d lieut. ; James Reeve, ensign. " 2d company — Paul Reeve, capt. ; John Corwin, 1 st lieut. ; David Horton, 2d lieut. ; Nathl. Hodson, ensign." Ordered, That commissions issue to those officers re- spectively. A memorial of Dirck Leffertse of the city of New- York, merchant, dated the 1st instant, was read and filed. He therein in substance sets forth that upwards of thirty minute men from Westchester, under the command of Colo. Drake, have been quartered upon him at his house from some time in the month of February last until now, or very lately. That he has furnished them with many ne- cessaries and conveniences, vizt : firewood, vegetables, cider, &c. That the said minute men, by order of Engineer Smith, (as he supposed,) went on the wood land of the memorial- ist, purchased for his own particular use to supply his fa- mily with firewood, and cut down and destroyed a great part of the tract there growing, and almost entirely ruined the young wood there, for building the fort at Home's Hook. The memorialist thereby prays the Congress or Commit- tee to take the matters mentioned in said memorial into con- sideration, and grant him such redress as they in their dis- cretion may think reasonable and adequate to the loss and damage he has sustained. Ordered, That the said memorial be referred to the con- sideration of the Provincial Congress. Die Veneris, 4 ho. P. M. May 3d, 1776. The following members of the committee met. Present— Dirck Wynkoop. Esqr. Chairman. Colo. Lott, Capt. Denning, Colo. McDougall— For New-York. Mr. Wynkoop — Ulster. Mr. Ad. Bancker — Richmond. Mr. Olhoudt— Jllbany. Colo. Allison, not a member — Orange. Mr. Tredwell— Suffolk. Mr. Covenhoven, Colo. Van Brunt — Kings. For want of a quorum no business could be done. At six o'clock Colo. Gilbt. Drake, Mr. Thomas and Ma- jor Lockwood, for Westchester, attended, but several other members having before departed, there was nol a quorum to be obtained though a messenger was sent out for the pur- pose. DIE SABBATI, 10 ho. a. m. May 4th, 1776. The Committee met pursuant to adjournment. Present — Dirck Wynkoop, Junr. Esqr. Chairman. Colo. Lott, Capt. Denning, Mr. Evert Bancker, Mr. Roosevelt — For New-York. Mr. Ad. Bancker — Richmond. Mr. Othoudt— For Jllbany, Mr. Wynkoop — Ulster. Colo. Allison— Orange. Mr. Tredwell— For Suffolk. Colo. Gilbt. Drake, Major Lockwood, Mr. Thomas — Westchester. Colo. Van Brunt— Kings. The committee took into consideration the letter from Saml. Tucker, Esqr. President of the Committee of Safety of New-Jersey, dated the 20th April, and the examina- tion of Henry Smith, on the of April, relating to the persons therein mentioned to have been employed in enlisting men for the Ministerial army. Thereupon, Ordered, That the Secretaries prepare certified copies of the said letter from Mr. Tucker and examination of Henry Smith, and enclose one copy of each to the chair- man of the county committee of Westchester county, another copy of each to the chairman or committee of cor- respondence of Dutchess county, and a third copy of each to the chairman of the precinct committee at Fishkill. That each of the said county committees and the com- mittee at Fishkill respectively, be requested to give the most pointed directions, and use every means in their power to have Thomas Gibson and Robert Hamilton seiz- ed and taken. That they cause both or either of them, that may be taken, to be immediately confined in close jail in such manner as to prevent an escape, or any conference with any accomplice until he or they respec- tively can be brought to trial, or until the further order of the Provincial Congress or of the Committee of Safety of this Colony, and that each of the said committees give such prudent directions as to prevent the said Thomas Gibson or Robert Hamilton from having any notice of this order, or of any proceedings thereon that may occasion their flight. Lieut. Colo. Livingston attended and produced his or- ders from General Washington. He is hereby directed to apply to the Committee of Safety to procure arms for the soldiers of Colo. Clinton's regiment. Thereupon, Ordered, That the committees of the counties of Dutch- es and Ulster, and the committees of the respective dis- tricts in those counties deliver to Lieut. Colo. Livingston, or to such captains in that regiment as shall have Lieut. Colo. Livingston's order, so many good arms fit for use out of those collected by disarming disaffected persons in their respective counties and districts, as may be ne- cessary to complete the arming of the companies of that regiment, now stationed at the fortifications in the High- lands. That the committees take care to have the said arms marked and appraised and an account of the value, mark and appraisement of each kept before the same are delivered; and that the captain of each company take care to keep a roll of the value of each gun, musket, or firelock which shall be delivered to him, and of the name of the soldier to whom each such gun, musket or firelock shall be so delivered ; and that he deliver one copy of such roll and value of the arms of his company to the colonel or com- manding officer of the regiment, and another copy to the Provincial Congress or Committee of Safety of this Co- lony. And, Ordered farther, That the committees in Suffolk coun- ty do, in like manner, provide and deliver arms to the cap- tains of the three companies of the second regiment, which were raised in that county, and that those captains keep and return the like rolls of the value of the arms they may so receive, and of the names of their respective soldiers to JOURNAL OF THE COMMITTEE OF SAFETY. 431 whom delivered, in such manner that each soldier may be accountable for the arms delivered to him, or the value thereof, that the same may be accounted for to the public. And Resolved, That any captains or officers, by whose neglect or default the value of any one or more of such arms shall be lost to the public, shall be accountable for the value thereof. DIE LUN/E, 10 ho. a. m. May 6th, 1776. The following members met pursuant to adjournment. Present — Dirck Wynkoop, Esqr. Chairman. Capt. Denning, Mr. Bancker — For New-York. Mr. Wynkoop, Doctor Dewitt, Colo. Palmer— Ulster. Mr. Othoudt— Albany. Colo. Allison, who is not a member of the Committee though a mem- ber of Congress — Orange. General Woodhull, Mr. Tredwell— Suffolk. Mr. Polhemius — Kings. Near one o'clock, for want of a sufficient number of members to form a Committee, the gentlemen present ad- journed to four o'clock. All persons attending on the Committee, on matters of business, were directed to attend again at five o'clock. 4 ho. P. M. May 6th, 1776. The following members met pursuant to adjournment. Present— Dirck Wynkoop, Junr. Esqr. Chairman. Colo. Lott— For New-York. Mr. Wynkoop, Mr. Wisner, Mr. Dewitt, Colo. Palmer — Ulster. Mr. Othoudt— For Albany. Col. Allison, of the Provincial Congress but not of the Committee of Safety — Orange. Genl. Woodhull— Suffolk. Mr. Polhemius— Kings. Mr. Lawrence, late — Richmond. The gentlemen present, for want of a sufficient number of members to form a complete quorum, could not do any final act as a Committee ; but Mr. Peter Puillon, who was apprehended at the Narrows, and Joseph Blanchard ar- rested by order of General Washington, and sundry mili- tary gentlemen, who are witnesses, and necessarily obliged to return to Kings county where they are stationed, being attending, it was thought absolutely necessary to examine : Thereupon the letter received from General Washington this morning was read. The General thereby informs that Peter Puillon was yesterday apprehended, for having sup- plied persons on board of the King's ships with provisions, in violation of, and contrary to the regulations which have been adopted for preventing such practices, and that Jos. Blanchard was apprehended for carrying on a correspon- dence with persons on board. " New-York, May 6lh, 1776. " Gentn. — I beg leave to refer to your examination Joseph Blanchard and Peter Puillon, who were yester- day apprehended ; the former on suspicion of carrying on a correspondence with persons on board the King's ships, the latter of having supplied them with some provi- sions, in violation of, and contrary to the regulations which have been adopted for preventing such practices. There are witnesses against both, who are ordered to wait on you, and also some papers found in possession of Mr. Blan- chard, which, though previous to your resolves in point of date, indicate an intimacy between him and Col. Fanning, the Secretary, to whom I am told he has wrote since their publication, and his knowledge of them. " I am, gentn. with great esteem, " Yr. most h. servt. " GO. WASHINGTON. " P. S. Capt. Gibbs will deliver the papers." Capt. Derby says, that on Friday evening last, he was in company with Mr. Joseph Blanchard. That Joseph Blanchard said that the communication was not entirely cut off with the ships below ; that he had lately received letters from thence, and that on the then last Monday he had wrote a letter to Colo. Fanning, and delivered it to a friend to convey it, and that he was informed and believed that it was sent on board. Mr. Blanchard says he believes his letter did go on board. Capt. Derby farther says, that yesterday he went into Mr. Fisher's, after he left the General's. That Mr. Blanchard there said several disa- greeable things ; intimated that he thought that Capt. Der- by would take away his life ; spoke in reflecting terms of the army, and said that they were bought whigs, and that it was not in the power of the army to cut off the commu- nication with the ships. Joseph Blanchard says, that he did not mean to reflect on the army in general ; but said he was a whig from prin- ciple, but that they were bought whigs, meaning the com- pany then present. Capt. Derby says, that Mr. Blanchard said if he had been treated like a gentleman, it was in his power to have found out the person who had conveyed the letters, but that it was now too late, as he did not know that he could now discover. Colo. Prescott confirms what Capt. Derby says as to what passed at Fisher's, and says that if it had not been with an expectation of getting farther intelligence, he should not have borne the insults thrown out against the whigs, and the insults offered to Capt. Derby. That the woman spoken of to have conveyed a letter from Blan- chard, and some military books, was Mrs. Hatch. Capt. Gibbs says, that after he had arrested Joseph Blanchard by order of General Washington, Mr. Blan- chard told his landlady that he was arrested as being sus- pected for carrying on a correspondence with Govr. Tryon, or his Secretary, and that at that time he, Capt. Gibbs, had not intimated to Mr. Blanchard the cause of the ar- rest. That the several letters and papers now delivered to the committee, were taken or received from the said Joseph Blanchard. That the first paper he saw in the room was on his table, and was General Sullivan's brigade orders to his brigade before he left New- York. That Mr. Blanchard told the examinant he did not know how he got that paper, and made that observation before he asked any thing about the paper or the orders. That Mr. Blanchard said he had delivered the letter to Mrs. Hatch ; that Mrs. Hatch, after some recollection, said that Mr. Blanchard often inquired there for letters ; that she had not any acquaintance with him ; that he left a letter and some military books for Colo. Fanning, about 10 days ago, and that they were sent by Colo. Fanning's ser- vant. Capt. Gibbs says, the letter to Lord Stirling was sealed when he received it from Joseph Blanchard. Capt. Derby and Capt. Gibbs severally say, that Mr. Blanchard said that he knew the communication with the vessels was stopped, and that any communication with them was against the resolution of the Committee of Safety and the General's proclamation. Lieut. Brown, of Colo. Prescott's regiment, confirms Capt. Derby's testimony, and says farther, that Mr. Blan- chard said he received those orders of General Sullivan at Lieut. Fisher's, of Colo. Wyan's regiment ; that he has in- quired of Lieut. Fisher, who says he never saw such or- ders, and does not know that such had been in his house or taken from thence. That Mr. Blanchard said he was not paid for being a whig ; that the officers were paid for being whigs, and were bought whigs. Colo. Prescott says, that Mr. Blanchard said the com- munication with the ships never would be found out and 432 JOURNAL OF THE COMMITTEE OF SAFETY. never would be stopped ; that he did not know the method of communication ; that he never asked the mode of com- munication, or he supposed it would have been told him ; that he did not desire to know the method of communica- tion, and that if he did know it he would not discover it. Mr. Blanchard says, that a woman who lives with Mrs. Hatch brought him the letter from Colo. Fanning ; that she told him she would soon have an opportunity to send down there. That when he sent his letter he knew it was against the resolution of the Committee of Safety, and that his only reason for writing was to endeavour to secure the money mentioned in one of the letters, which he was unwilling to lose. DIE MERCURII, 10 ho. a. m. MaySth, 1776. The Committee met pursuant to adjournment. Present — Dirck Wynkoop, Junr. Esqr. Chairman. Mr. Bancker, Mr. Beekman, Capt. Denning, Colo. McDougall — For New-York. Mr. Wynkoop, Doctr. De Witt, Mr. Wisner, Colo. Palmer— Ulster. Mr. Cuyler, Mr. Glenn, Mr. Othoudt— Jllbamj. Colo. Allison, Mr. Haring — Orange. Mr. Polhemius — Kings. Genl. Woodhull, Mr. Tredwell, Mr. Wickham— Suffolk. Mr. Paulding, Mr. Ward — Westchester. Mr. Lawrence — Richmond. Mr. Philip Woodward, of New Town, in Queens coun- ty, on Nassau island, (having received a warrant from the Provincial Congress of this Colony, for recruiting men in a company of Continental troops, raising for the defence of this Colony,) attended and was admitted. He informed this Commitltee, that notwithstanding the best endeavours of the officers of the company, they have been unsuccess- ful in that service, and have little prospect of being able to recruit so many men as will entitle them to commissions. Mr. Woodard, considering that the defence of this Colony necessarily requires the immediate raising and embodying the said troops, generously offered to resign his said war- rant in the said company, to the end that some other per- son be employed, who may have it in his power to raise the men with that expedition which the service absolutely requires. Thereupon, Resolved and Ordered, That from the necessity of the case, Mr. Woodard's resignation be accepted of; that he be paid for his services from the date of his warrant to this day, and that the thanks of this Committee be and is here- by given him for his patriotic spirit shown on this occasion. That Mr. Woodard's conduct is an additional proof of his attachment to the true interest of his country, and that the benefit of the public service only has induced Mr. Woodard to this resignation, and induced this Committee to accept it. Ordered, That a copy of the aforegoing be delivered to Mr. Woodard. Thomas Mitchell of Greatneck, in the township of Hemp- stead, in Queens county, being examined, says, that Capt. John Sands, agreeable to the resolution of the Provincial Congress, has called out his company once a month to mus- ter; that Thomas Wooley,ofCowneck,feltmaker, within the district whereof Mr. John Sands is captain, on two differ- ent days of mustering or training, would not answer to his name, nor appear in the ranks or muster; that Captain Sands levied a fine for each neglect ; that he, this exami- nant, was informed by sundry persons that the said Tho- mas Wooley applied to a magistrate to have a suit brought against Capt. Sands, to recover back the fines which had been levied by distress; that on Saturday the 4lh instant, the company was again called out to muster and train ; that the said Thomas Wooley was there at the place of training, and refused to train or to answer to his name when called ; that when he was called on Saturday last, he went to Captain John Sands and spoke to him in an abrupt man- ner, and about half an hour after abused the captain very much, and challenged the captain to fight him with sword and pistol ; that some days before this, he, this examinant, was informed that said Thomas Wooley challenged Capt. Sands in the like manner, and that Capt. Sands told him he should apply to the committee if he thought himself ag- grieved, and that Wooley said he knew no committee, but would apply to a magistrate ; that Capt. Sands' company were called to train on the first Saturday in April ; that after the clerk had on that day called his name three times and he neglected to answer, Capt. Sands said, ' Mr. Wooley, it seems you do not choose to answer to your name.' That Wooley answered, ' I will so far answer as to let you know that you have no right to call me here, and that I do not con- sider myself as within your district.' That on Saturday last, after the said Thomas Wooley had ill-treated the captain, and challenged him, and refused to answer when called, Capt. Sands made out a warrant against the said Thomas Wooley, and sent him under a guard with Aspinwall Cor- nell, his second lieutenant, to Queens county jail ; that he, the examinant, was informed that Hope Mills, the jailer, when the prisoner was brought to him said he was not the jailer for the Congress, and thought he had no right to keep him; that he has been farther informed that on the next day the jailer applied to the sheriff, who, as this examinant was informed, directed him not to retain the prisoner without a warrant from a magistrate ; that the said Thomas Wooley was that day discharged ; that the said Wooley publicly says, that the captain's warrant was of no validity, and threatens to prosecute the whole guard who went with him to Jamaica, in obedience to Capt. Sands's warrant. " THOMAS MITCHELL. " Sworn this 8th day of May, 1776, > before me, J " Ab. Brasher, Aldn." Ordered, That Capt. John Sands, of Greatneck, be re- quested without delay, to cause Thomas Wooley, of Cow- neck, feltmaker, to be apprehended, and sentto the Provincial Congress, or Committee of Safely, at New- York, under a proper guard, at the sole expense of the said Thomas Wooley, and with all convenient speed, to be further dealt with as the said Congress or Committee of Safety shall direct; and that Capt. Sands send down any one or two witnesses that he may think proper. The Committee took into consideration and examined into the case of Peter Poillon, and heard the said Peter Puillon also state his case, which he appeared to do with candour. It fully appears to this Committee, that the re- gulations adopted for preventing the intercourse with the ships, were not published in Richmond county until Thurs- day the 2d or Friday the third instant ; that the said Peter Puillon, from his remote situation, was entirely unacquaint- ed with any regulations on that subject ; that the said Peter Puillon left his house with a considerable sum of money to discharge a debt he owed to a person in Kings county, and with some articles of provisions intended for New- York market, of the value of about three pounds. It farther ap- pears by the testimony of a gentleman of reputation, that the said Peter Puillon was as near to the shore with his boat, and at as great a distance from the ship Asia at the lime the ship fired at him, as he could be with safety at that time of the tide ; that his situation with the wind and tide was such, that he could not safely escape when the ship fired at him. It farther appears by the testimony of reputable witnesses, that the said Peter Puillon, from the general tenor of his conduct and behaviour, has appeared to be, and has been esteemed a friend to the liberties of his country. Resolved, therefore, That the said Peter Puillon has been unfortunate in being the means of supplying the ship Asia with certain provisions, mentioned in a list or memoran- JOURNAL OF THE COMMITTEE OF SAFETY. 433 dum now in his custody, and would have been culpable for the risk he run with the said provisions, if he had known of, or had an opportunity to have known of, the regulations adopted with respect to the said ships ; yet it is the opinion of this Committee, that the said Peter Puillon was entirely innocent in this instance, and did not take the said provisions in his boat with any intention or design to supply the said ship with provisions. And it is earnestly recommended to the said Peter Puil- lon, not only to be very cautious himself, but also to endea- vour to prevent any other inhabitant of Richmond county from attempting to come with any provisions within reach of the guns of the said ship, or of any other Ministerial ship or vessel which may be in that channel, and to use his best endeavours to make the regulations adopted with respect to the said ships, publicly known in Richmond county. Ordered, That Colo. Curtenius deliver to Capt. Beau- man such barrack necessaries for his company, agreeable to the Continental or usual regulations, as he may want and Colo. Curtenius has in store, taking Captain Beau- man's receipt for the same. Major Malcom, Mr. Berrien and Mr. Harper, of the city committee, attending, were admitted. They requested that a magistrate or some proper person may be appointed to attend with the members of the committee of the city, to administer an oath to such persons as they shall disarm, that they have faithfully delivered up all their arms. Mr. Alderman Brasher, now present, was requested to attend that service ; and it is agreed that he be excused from attendance in the Congress Chamber, while he is employed in that service. A letter and an indenture, therein enclosed, from Capt. Varick to Mr. McKesson, by order of General Schuyler, were read, and follow, vizt : " Albany, May I, 1776. " Sir — I am directed by General Schuyler to write to you, desiring you to send up one hundred spades, with all possible despatch, to Mr. Philip Van Rensselaer, store- keeper at this place. " I am also directed by the General to send up to Ti- conderoga a suit of sails, of certain dimensions, for a pettiauger, and as much rope as will rig two Albany sloops, (cables, shrouds and hawsers excepted) and also enough for two large pettiaugers ; blocks for all. " On inquiry, I am informed that no sail-cloth is to be had in this town, and that the Provincial Congress have purchased all that was to be had at New-York, for the use of the Colonies. I, therefore, request you, in the name of the General, to send up to Mr. Van Rensselaer, five bolts of good sail-cloth, without the least delay. " 1 enclose you an estimate of the rope which will be wanted for the purposes above mentioned, of which none is to be had here, and which I also request you, in the General's name, to send immediately to this place. " Capt. Ivers, who is now here, informs me that his son can supply this article. " It may be proper to show the estimate to some rope maker or rigger, at New -York, to know whether there will be sufficient. If there is not, you will be pleased to send as much as may be thought necessary. " I beg you to procure an account of what blocks will be necessary for two sloops and two pettiaugers, from some rigger or blockmaker in New- York, and to send them up with the rope, as none of these articles are to be had here. " All the articles above mentioned are so much wanted at the lakes, and not to be had any where but at New- York, that I must earnestly entreat you that no delay may be made in sending them up to this place. " I am, sir, your most obedt. humble servt. " RICHD. VARICK, Secy. to M. Genl. Schuyler. "To John McKesson, Esqr. Secy, to the New-York Provincial Congress, or in his absence to Robt. Benson, Esqr." An indenture for making running rigging and stays for 2 sloops, the size of Albany sloops ; 2 coils, 2\ inches, 100 fathoms each, for haliards, tackle falls, jib sheets ; 2 jib stays, 16 fathoms each ; 2 down hauls, 1^ inches, 16 fathoms each ; 100 fathoms ratline. 2 schooners rigging, viz : 100 fathoms 3 inch ; 2 stays, 28 fathoms, 3i inches ; 2 coils, 2 inches, 120 fathoms ; 1 coil of thread ratline spun yarn, in proportion for the whole ; house line ; mar- line ; 1 doz. hamberline, white. A letter from Captain Varick, secretary to General Schuyler, directed to Mr. McKesson, was read, and is pre- fixed. Mr. Varick thereby requests, in the General's name, the articles mentioned in the following order, to be forwarded to Albany with all possible despatch. There- upon, Ordered, That Colonel Curtenius, as Commissary, transmit to Albany, by the first opportunity, for the Conti- nental service, in compliance with General Schuyler's re- quest, (made by his secretary,) a complete set of blocks of every kind, for two vessels and two pettiaugers on the lakes, and five pieces of English duck, for sails for the pettiau- gers, and the following rigging and necessaries, viz : 6 coils of spun yarn ; 2 jib stays of 6i inches, 200 fathoms 2 inch rope ; 200 fathoms 2\ inch rope ; 100 fathoms 3 inch rope ; 2 coils of ratline ; 3 J inch stays ; 1 dozen white hamber- line ; 12 doz. marline and houseline ; and that he direct the store keeper, or commissary at Albany, to give notice thereof, when he receive those articles, to Major-General Schuyler, or Captain Varick. 109 JOURNAL OF THE PROVINCIAL CONGRESS. DIE MERCURII, 4 ho. p. m. May 8, 1776. Several matters of the utmost importance as well to the United Colonies in general as to this Colony in particular, rendering it necessary for a speedy meeting of the Pro- vincial Congress of this Colony. The Committee of Safety therefore ordered circular letters to be sent to all the members, requesting their attendance in Provincial Congress, at New-York, on the first day of this inst. May. On that day, and every day since, many members attended, but not a sufficient number to make a Congress, till this afternoon, when the following members met, vizt : Mr. Scott, Mr. Beekman, Colo. McDougall, Mr. Evt. Bancker, Colo. Brasher, Mr. Denning — For New-York. Mr. Ward, Colo. Jos. Drake, Mr. Paulding, Col. Lewis Graham — For Westchester. Mr. Cuyler, Mr. Oothout, Mr. Glen — For Jllbany. Mr. Wynkoop, Mr. Dewitt, Colo. Palmer, Mr. Wisner — For Ul- ster. Mr. Lawrence— Richmond. Genl. Woodhull, Mr. Tredwell, Mr. Wickham — For Suffolk. Colo. Allison, Mr. Haring — Orange. Mr. Polhemus — Kings. The President, Genl. Woodhull, took the chair, and the Congress proceeded to business. The Congress having found by experience, that the pu- blic service is daily suffering for want of money, and be- ing informed by many members that the treasury has for the most pait of the time, been empty near three weeks past, and that several members have lent considerable sums for the public service : That sundry officers under marching orders from the General, are now in town wait- ing for money to discharge the billeting and other expen- ses of their men, without which they cannot remove them : That the sum this Congress ordered to be issued by the Committee of Safety, being entirely in small bills, made for change, requires so much lime to sign the bills, that the money cannot be signed so fast as to satisfy the de- mands on the treasury : Therefore, Resolved and Ordered, That the whole sum ordered by this Congress on the fifth day of March last to be printed, be issued. That Mr. Isaac Roosevelt be requested to have all the bills mentioned in the resolutions of this Con- gress on that day, and ordered by those resolutions to be printed, to wit, the whole sum of one hundred and thirty- seven thousand five hundred dollars, numbered, signed, and sent to the treasury. The Congress took into consideration the state of Colo. McDougall's regiment, and heard the returns of each se- parate company read. Ordered, That Capt. Brown of Colo. McDougall's re- giment, and his subalterns, and the subalterns of the com- pany whereof Capt. Willett was appointed to be captain, do attend on this Congress to-morrow morning, at eleven o'clock. Capt. Increase Child attending, was admitted. He in- formed the Congress, that by order of the Committee of Safety, he was authorized to enlist a company in the Con- tinental service in this Colony, on condition that he could raise his company in three weeks from the twelfth day of April last. That he and the gentleman intended as his first lieutenant, have enlisted fifty-six men. That he re- ceived his warrant so late that he had not had the oppor- tunity which he before expected, to enlist out of the mi- nute regiment, and that he had met with greater difficul- ties in recruiting than he expected. Resolved, That if Capt. Increase Child and his first lieutenant shall, within fourteen days from this day, bring fifty-six or more men, fit for service, to Lieut. Colo. Livingston, to join the regiment at the fortifications in the Highlands, and thereafter obtain from Lieutenant-Colo. Livingston, and transmit to the Provincial Congress or Committee of Safety, a certificate thereof, that the said Increase Child, and John Lloyd, his first lieutenant, shall be entitled to commissions. That if the said company be completed within three weeks from this day, that the other subalterns shall also be entitled to commissions. This Congress being informed that General Washington has ordered Lieutenant-Colonel Livingston to repair to the Highlands, are of opinion that they would not discharge their duty to the Continent, and might incur blame if Co- lo. Nicoll should be continued there in service. Resolved, therefore, That Colonel Nicoll be relieved from further service at present at the fortifications, as soon as Lieutenat- Colonel Livingston shall have arrived there, and be ready to receive the command. That the thanks 43(3 JOURNAL OF THE PROVINCIAL CONGRESS. of this Congress be and hereby are given to Colonel Ni- coll for his faithful service, and his strict attention to the public interest since he has been in the command at the said fortifications. DIE JOVIS, 9 HO. A. M. May 9th, 1776. The Congress met pursuant to adjournment. Present — General Woodhull, President. Mr. Scott, Colo. McDougall, Mr. Prince, Mr. Beekman, Mr. Bancker, Mr. Roosevelt - For New-York. Colo. Jos. Drake, Colo. Graham, Mr. Paulding, Mr. Ward— West- chester. Mr. Cuyler, Mr. Glen, Mr. Oothout— For Albany. Mr. Wynkoop, Mr. Dewit, Colo. Palmer, Mr. Wisner — Ulster. Mr. Polhemus, Mr. Covenhoven— Kings. Genl. Woodhull, Mr. TredweU, Mr. Wickham— Suffolk. Mr. Haring, Colo. Allison — Orange. Mr. Lawrence — Richmond. Ordered, That Mr. Norwood, the Commissary, deliver to the Captains Griffin, Roe and Davis, of Colo. Clinton's regiment, for the use of their respective companies, car- tridge pouches, bayonets, belts, slings and flints, not ex- ceeding eighty-four of each article to each company, ex- cept flints, and of those two hundred and fifty-two to each company, and take their respective receipts for the same. Major Malcom attending was admitted ; he informed the Congress that the second regiment has been on duty six weeks, and are much in want of money. He requested that a month's pay might [be] paid to them. Mr. Malcom withdrew. Ordered, That Mr. Scott, Mr. Bancker, Mr. Paulding and Mr. Cuyler, be a committee to inquire into the terms and conditions on which the second regiment were em- ployed, and by whom, and whether they will be paid at the Continental expense ; and that the said committee, or a majority of them, report with all convenient speed. Capt. Brown of Colo. Mc Dougall's regiment, with his subalterns, and the subalterns for enlisting the company whereof Captn. Willet was formerly appointed captain, at- tending according to order, were admitted. Their returns were examined, whereby it appears that the subalterns of the late Capt. Willet's company have only 17 or 18 men, non-commissioned officers included, in their company ; and Capt. Brown no more than 12 or 13 men, non-commission- ed officers included, in his company. Those gentlemen being withdrawn, the Congress, taking the state of those companies into consideration, are of the opinion that the public exigencies absolutely require that those gentlemen be dismissed the service. Therefore, Resolved, That they be dismissed, and they are hereby dismissed accordingly ; and that they be paid for their ser- vices, from the dates of their respective warrants to this day, and their enlisting money for so many effective men as they shall deliver to the regiment, when they shall have delivered the arms and accoutrements they have received, to Capt. John Johnson ; and that it be recommended to Colo. McDougall to add the privates of those two compa- nies to Captn. John Johnson's company. And it is here- by declared that the above mentioned gentlemen are not dismissed from any dissatisfaction with their conduct, but, with great reluctance, from necessity only, because they have been so unfortunate in their attempts to recruit their companies. And as to such non-commissioned officers of those two companies, as are well qualified for iheir offices, Resolved, That they be placed in such companies of the regiment as are not supplied with such officers, and that the other non-commissioned officers of the said com- panies be and they are hereby dismissed. Mr. Roosevelt informed the Congress that he has sent 12 or 1300 pounds, in small money, lo the treasury ; that he has, pursuant to the order of this Congress, delivered out a number of the paper bills of large denominations lo be signed, and expects that by Monday next several thou- sand pounds will be ready to send to the treasury. The petition of Joseph Wood, the younger, on behalf of himself and other merchants of Philadelphia, therein named, was read. They therein set forth their loss by the seizure of a vessel and cargo belonging to them, by Jo- siah Martin, Esqr. late Governor of North Carolina, with an account of their loss thereto annexed, amounting to £1,295 3s. Id. Pennsylvania currency, and pray an order to seize the effects of the said Josiah Martin in this Colo- ny to reimburse the petitioners. The invoices and bills of lading of the cargo of the said vessel, a report of a committee of the Congress of North Carolina, on the case of the petitioners, and also a protest of Thos. Jones, a notary public at North Carolina, for the loss suffered by the petitioners, were severally read. Ordered, That Mr. Scott, Mr. Wynkoop and Mr. Har- ing, be a committee to take the said petition and papers into consideration, and report thereon with all convenint speed. A letter from Mr. Abraham Livingston, requesting that his contract for supplying the troops be settled, and offering to relinquish said contract, as the Continental Congress con- sider his agreement extravagant, was read and filed. A copy of a letter from Mr. Livingston to the Continen- tal Congress, also offering to relinquish said contract, was read and filed. Die Jovis, 4 ho. P. M. May 9th, 1776. The Congress met pursuant to adjournment. Present — General Woodhull, President. Mr. Scott, Mr. Evert Bancker, Mr. Prince, Colo. Lott — For New- York. Mr. Wynkoop, Mr. Dewit, Mr. Wisner — Ulster. Mr. Cuyler, Mr. Oothout, Mr. Glen— Albany. Colo. Allison, Mr. Haring — Orange. Mr. Covenhoven — Kings. Genl. Woodhull, Mr. TredweU, Mr. Wickham— For Suffolk. Mr. Paulding, Colo. Jos. Drake, Colo. Lewis Graham — Westchester. Mr. Lawrence, Mr. Evert Bancker — Richmond. The Committee of Safety reported to this Congress, that Brigadier-General Gates, attended yesterday with a mes- sage from His Excellency General Washington ; that he delivered a letter from Thomas R. Harris, late master's mate, and Wm. Metcalfe, late midshipman of the Ministe- rial armed vessel the Savage, now prisoners of war, in the jail, requesting some relaxation of their confinement. Mr. Gates mentioned that many such prisoners have been enlarged, and are prisoners on their parol. That His Excellency General Washington thinks it necessary that some inland town or village in this Colony, should be fixed on, where the above mentioned prisoners, and such others as may from time to time be thought proper to be enlarged, may be sent to and lodged. Resolved, That the township of Goshen, in Orange county, is the most proper inland town or village in this Colony for the placing of prisoners on parol, as well on account of the unanimity of the inhabitants in the cause of their country, as of ils distance from any navigable river. And it is hereby earnestly recommended to the committee of Goshen precinct in particular, and to every other friend to American liberty in this Colony, to apprehend any such prisoner as may be sent to Goshen, if such prisoner or person shall be found out of the limits assigned him. General Washington's letter to the Committee of Safety on the 20th day of April last, on the subject of having part of the militia in readiness to be called in on any emergen- cy, was read. Ordered, That Mr. Haring, Colo. Lott, Colo. Palmer, Mr. Wisner and Colo. Drake, be a committee to take the said letter into consideration, and to report thereon with all convenient speed, and that the said letter be delivered to one of those gentlemen. JOURNAL OF THE PROVINCIAL CONGRESS. 437 Capt. Alner, Lieut. Rutgers and Capt. Wool, three of the general committee of the city, attended on the Congress, and informed, that in pursuance of the resolution of the Con- tinental Congress, and the resolutions and directions of the Committee of Safety for disarming disaffected persons, the committee of the city had determined that such persons as refused to subscribe the declaration that they would de- fend the United Colonies by arms, should, on oath, deliver up all their arms which they had in this Colony. That some persons who have refused to sign the declaration, have also refused to take an oath that they have delivered up all their arms. That John L. C. Rome was the first who refused, and others now follow his example. That by this means they may probably retain arms to be used against the Colonies, and that they request such farther powers, and such line of direction to the committee, as this Con- gress shall think proper and necessary. Ordered, That the said application be taken into consi- deration to-morrow. Capt. Mercier informed the Congress, that one or two deserters from the armed vessel, of which Capt. Nathl. Rodgers is commander, are on shore, and requested to know whether he should cause them to be apprehended ; and if so, what farther should be done with them. Mr. Mercier was desired to call to-morrow for directions. DIE VENERIS, 10 ho. a. m. May 10th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Scott, Mr. Prince, Colo. Lott, Mr. Beekman, Mr. Bancker— For New-York. Mr. Cuyler, Mr. Glenn, Mr. Othoudt — Albany. Doctor De Witt, Mr. Wynkoop, Mr. Wisner, Colo. Palmer— Ulster. Colo. Allison, Mr. Haring— Orange. General Woodhull, Mr. Tredwell, Mr. Wickham— Suffolk. Mr. Paulding, Colo. Lewis Graham, Colo. Jos. Drake — Westchester. Mr. Bancker, Mr. Lawrence — Richmond. Colo. Covenhoven — .Kings. Jacob Sharpe, Esqr. of Kings county, attended, and deli- vered a letter dated this day, from Charles Friend, giving information that he has reason to believe that the Conti- nental money is counterfeited on Nassau island, and that he can give farther information on the subject. The Congress was informed that the said Charles Friend is at Broecklyn ; that he is under some difficulties which prevent his coming to this city, but will cheerfully attend on his receiving a protection from this Congress. Thereupon, Resolved, That the said Charles Friend be and here- by shall be protected from all arrests in coming to this city attending upon this Congress, until he shall be discharged, and until he shall have returned to his usual place of abode. And all sheriffs, constables, and other civil officers whom- soever, are hereby strictly charged not to arrest or inter- rupt the said Charles Friend during the time aforesaid, as the person or persons so offending will answer the contrary at his or their peril. Mr. Benson reported, that according to the order of the Congress yesterday, he waited on General Washington, and had informed him that by a former order of this Con- gress the committee of Suffolk county had agreed with pro- per persons to supply the troops ordered there with rations at 10^ per ration, and requested to know whether the said troops should be provided in that manner, or supplied by the Commissary-General or his order. That the General was pleased to give for answer that it will be most proper, to prevent confusion in accounts, that the Commissary-General should supply them, but that lest the Commissary-General should not be prepared to supply them immediately, that it would be well that the per- sons contracted with should continue to supply them until the Commissary shall have it in his power to supply them. 110 A resolution of the committee of the county of Albany, dated the 1st March, 1776, was read and filed, they there- by give power and authority to any three of their deputies to represent the said city and county in Provincial Con- gress. Capt. Henry O'Harra, of Colo. Wynkoop's regiment, attending, was admitted. He produced a certificate signed by Stephen Moylan, commissary of musters, whereby it appears that he mustered that part of Captain O'Harra's company which is now in New-York, consisting of one captain, the ensign, two sergeants, four corporals, one drum and one fife, with thirty-seven privates. Captain O'Harra assured the Congress that he has enlisted as many more men in the counties of Albany and Charlotte as will com- plete his company ; that the regiment is ordered to be sta- tioned at the northern posts ; he therefore requested an or- der on the Commissary for frocks, &c. for his whole com- pany, that he may be enabled to march with the men en- listed here and with those enlisted to the northward, to join the regiment. Thereupon, Ordered, That Colo. Curtenius deliver to Captain O'Harra, of Colo. Wynkoop's regiment, such articles, (in his department,) as are allowed by Congress for 86 men, non-commissioned officers included, and take his receipt for the same. Jacob Sharpe, Esqr. returned, and brought with him Charles Friend, who, being examined, gave the following intelligence, to wit : Charles Friend, of Westbury, in Queens county, says, " that he went about three weeks to Cold Springs ; that he called at the house of one John An- derson, who told him that there was a countryman of his, the examinant, down there; that he asked him what his name was, he answered Henry Dawkins ; he further asked him where he resided ; he told him at Isaac Youngs. He, the examinant, then replied that he supposed they were making money. Anderson answered and said he knew it, and told the examinant that Dawkins' tools, and a chest of tools, were at Isaac Youngs' house; he farther told the exa- minant that one of the Youngs, Israel or Isaac, had been to Nathl. Williams', at Huntington, to purchase paper, but found that the paper would not do. Anderson farther told this examinant that he has heard Isaac Youngs say that he would pay all his debts this summer in Congress money. This examinant says he believes one Isaac Ketchum to be concerned ; that he was told yesterday that Dawkins was gone to live with Isaac Ketchum. "CHARLES FRIEND. " Sworn before me this 10th > May, 1776. 5 " Ab. Brasher, Aldn." Whereupon the following order was unanimously agreed to : Whereas this Congress is informed, on oath, that there is great cause of suspicion that Henry Dawkins, Israel Youngs, Isaac Youngs, Isaac Ketchum and John Ander- son, of Cold Spring, on Nassau Island, are counterfeiting the paper currency emitted by the Continental and this Congress : Ordered, therefore, That Colo. Malcom be requested forthwith to despatch Captain Wool with a sufficient guard to Cold Spring, on Nassau Island, and that the said guard do take all possible means in their power to apprehend and seize the said Henry Dawkins, Israel Youngs, Isaac Youngs, Isaac Ketchum and John Anderson, and bring them, (together with all suspicious tools and other mate- rials,) before the Congress, without delay ; and the seve- ral committees within whose neighbourhood the said sus- pected persons respectively reside, are hereby requested to give all the aid that shall be required of them by Captain Wool, for the effectual execution of this order. A return daled April 13th, 1776, signed by Jonathan Lawrence, chairman of the committee of New Town, in Queens county, was read, whereby it appears that the fol- 438 JOURNAL OF THE PROVINCIAL CONGRESS. lowing persons were chosen officers of the militia in the said township, to wit : Abraham Rcmsen, capt. ; Benjamin Coe, 1st lieut. ; Robert Furmarj, 2d lieut. ; Benjamin North, ensign, of a company of militia for the southernmost beat or district. Jonathan Lawrence, capt.; William Sacket, 1st lieut.; William Lawrence, 2d lieut. ; Jesse Warner, ensign, for the north beat or district. Richard Lawrence, capt. ; Daniel Lawrence, 1st lieut.; Samuel Riker, 2d lieut.; Jonathan Coe, cornet ; Peter Rapalye, qr. master, troop of light horse. Ordered, That commissions issue to those gentlemen in- stantaneously ; and they were issued accordingly. Ordered, That Mr. Tredwell draft a letter to the com- mittee of Queens county, recommending to them the form- ing and regulating the militia of the said county without delay. Ordered, That Mr. Wynkoop, Colo. Allison and Colo. Lewis Graham be a committee to consider of and report an amendment to the militia law, so far as the same respects the disarmed non-associators, with all possible speed. Colo. Palmer applied for an order on the Treasurer. He informed the Congress that the commissoners at the lower fort, to wit, at Pooplopen kill, borrowed two hundred and fifty-two pounds of the commissioners at the upper fort ; that the commissioners at Pooplopen's kill are indebt- ed for sundry articles ; that they will have occasion for at least the sum of one thousand pounds. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of the Provincial Congress of this Colony, ad- vance to Colo. Thomas Palmer, as one of the commis- sioners for erecting the fortifications in the Highlands, the sum of one thousand one hundred and fifty-two pounds, to be expended and applied for erecting the fortifications in the Highlands, and take his receipt for the same, on Con- tinental account. Henry Wisner, Junr. Esqr. having applied to the Com- mittee of Safety for the premium for erecting a powder mill, is entitled to receive the same, on giving security and entering into contract. Mr. Wisner also informed the Con- gress that there is a very considerable sum due to him from the Colony, on the resolution of the Provincial Con- gress for manufacturing of gunpowder ; that he intends to have his partner bound with him in the contract for erecting a powder mill; that he requests the sum of £150 from the treasury on his bond for that sum, in part of either of the sums above mentioned : Thereupon, Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, advance to Henry Wisner, Junr. Esqr. the sum of £150 on his bond payable the first day of July next. Whereas, frequent complaints have been made to this Congress that many of the male inhabitants have, at this critical season, withdrawn themselves from the capital of this Colony, whereby its strength and powers of defence are much weakened, and the inhabitants who remain the more exposed : On motion, Resolved and Ordered, That every male inhabitant of the city and county of New-York, above the age of sixteen years, and under the age of fifty years, who has withdrawn himself from the same since the first day of June last, past, be required, and he is hereby required, to return without delay with his arms and accoutrements, and that every male inhabitant between the said several ages be henceforth pro- hibited, and is hereby prohibited, from departing this city and county, and absconding himself from the same for more than twenty-four hours, without leave of the Colonel, or commanding officer of the battalion or regiment to which he belongs; and that the committees in the neighbouring coun- ties and Colonies into whose district such inhabitant of this city and county have so withdrawn themselves, be, and they are hereby requested, to take effectual means to com- pel the said inhabitants who have so withdrawn themselves, to return to their usual places of abode in the said city and county. And, Ordered, That this resolution be published in all the public newspapers in this Colony. Die Veneris, 4 ho. P. M. May \0th, 1776. The Congress met pursuant to adjournment. Present— Brigadier-General Woodhull, President. Mr. Scotl, Colo. Lott, Mr. Bancker, Mr. Beekman, Mr. Prince, Colo McDougall — New-York. Mr. Wynkoop, Mr. De Witt, Colo. Palmer, Mr. Wisner, Junr.— Ulster Mr. Cuyler, Mr. Glenn, Mr. Othoudt— Albany. Mr. Haring, Mr. Allison— Orange. Mr. Bancker, Mr. Lawrence — Richmond. General Woodhull, Mr. Tredwell, Mr. Wickham— Suffolk. Colo. Jos. Drake, Colo. L. Graham, Mr. Paulding— Westchester. Mr. Covenhoven — Kings. Directions for Capt. Thomas Cregier of the armed schooner General Putnam, were read and approved, and are in the words following, vizt : " Capt. Thomas Cregier : " Sir — You are hereby directed to inform his Excellency General Washington, that the armed schooner named the General Putnam under your command, is fitted and ready to proceed to sea. " You are diligently to observe and follow such orders and directions as you shall from time to time receive from General Washington, until the further order of the Provin- cial Congress, or Committee of Safety of this Colony." A copy of the said instructions signed by the President, were delivered to the said Thos. Cregier, and he was di- rected to show them to Genl. Washington. Ordered, That Mr. Alderman Brasher, Capt. Denning, Mr. John Van Cortlandt, Mr. Stoutenburgh, Mr. Prince and Mr. Rutgers be requested to attend this Congress pre- cisely at nine o'clock to-morrow morning, and that the door- keeper fail not to give notice to those gentlemen of this order, without delay. And Ordered, That every member now present who has not leave of absence, do attend at the same time with punc- tuality. DIE SABBATI, a. m. May llth, 1776. The Congress met pursuant to adjournment. Present— General Woodhull, President. Mr. Beekman, Colo. Brasher, Colo. McDougall, Capt. Denning, Mr. Evert Bancker, Mr. Prince, Colo. Stoutenburgh, Mr. Scot!, Colo. Lott — For New- York. Colo. Lewis Graham, Mr. Paulding, Colo. Jos. Drake — Westches- ter. Mr. Oothout, Mr. Cuyler, Mr. Glen— Mbany. r. Dewit, Colo. Palmer, Mr. Wynkoop, Mr. Wisner— Ulster. Colo. Van Brunt— Kings. Genl. Woodhull, Mr. Wickham— For Suffolk. Colo. Allison, Mr. Haring — Orange. Mr. E. Bancker — Richmond. Thomas Wooley, of Cowneck, feltmaker, was brought under a guard before the Congress pursuant to the order of the Committee of Safety of the 8th instant. The examination of Thomas Mitchell was read to Tho- mas Wooley. He denies the charges therein charged against him, and and says he is clerk to Colo. BlackwelPs regiment. Capt. Sands says the charges are true, and first produces a certificate from Timothy Smith, Es<|r. Isaac Smith, of Hempstead, in Queens county, Esqr. being examined, says : that he was talking with Capt. Sands at Richard Smith's ; that Thomas Wooley came up to them in his brother's house, and told Capt. Sands that JOURNAL OF THE PROVINCIAL CONGRESS. 439 he had taken his goods from him ; that he had taken a hat from him which lie usually sold at 50s. and sold it for 30s. and that he demanded satisfaction ; that he turned to Mr. Smith, and told him he demanded a summons for him ; that he understood it was for taking away his goods, to wit, the said hat ; that he, the examinant, declined having any thing to do with the affair and left them. Being asked by Wooley whether he said he had no other demand against him, Mr. Smith says, he does not remember that he said he had no other demand. Captain Sands gave a relation of the transaction at Her- rick's. Thomas Wooley also related the affair in his own light : says he did apply for a summons ; that Capt. Sands had formerly had dealings with him ; that he thought Capt. Sands had acted illegally, and he intended to sup- port his suit as well as he could. Mr. Sands related the charge of the challenge on the last field-day. Thos. Wooley says, that he was summoned, the first day he appeared without arms ; the second day he appear- ed, and told Capt. Sands he thought he had no right to call on him under arms ; that the last day he determined not to insult him in the execution of his office ; that Mr. Sands affronted [him] by calling him a fellow ; that in the inter- val he called on him for satisfaction ; that Mr. Sands told him he should have it ; that he thought Mr. Sands' answer entitled him to propose a sword and small thing that would speak. That he had not arms of his own when Colo. Herd was in Queens county, which he told Colo. Herd ; that he told Colo. Herd he had voted against Deputies ; that he told him he had one which was left as a pawn for a debt, and which he has since sold to Mr. Allen ; that he is willing to bear arms if it is the opinion of this Con- gress. Thomas Mitchell was called, and his deposition again read. Thomas Wooley says, that he can prove by some of the guard that he did not threaten to prosecute the whole guard ; that the jailer said he was not a jailer for the Con- gress ; that he prevailed on the jailer to keep him in his house till next day ; that the jailer went to the sheriff next day and returned ; said the sheriff did not think proper to detain him. Aspinwall Cornell says, that he has seen the deputy sheriff since, who told him that Thomas Wooley would not stay with him ; that he did not detain him because he thought the captain's warrant not sufficient. The demand of the prisoner from the jailer by Capt. Sands was read. The jailer's answer thereon was read. Being cross-examined by the defendant he says, that the defendant did not attempt to escape, used the guard well, but declared his opinion that Capt. Sands had not power to commit him. The parties and witnesses were ordered to withdraw into the City Hall. The Congress took the premises into consideration, and after some time spent therein, Mr. Haring moved, and was seconded by Colo. Stoutenburgh, that Thomas Wooley be immediately committed to the jail of Queens county. Debates arose, and the question being put thereon, it was carried in the affirmative in manner following, to wit : For the negative. Albany, 3 Richmond, 2 Kings, 2 For the affirmative. Orange, 2 Ulster, 2 Westchester, 2 New-York, 4 — 7 10 Therefore, Resolvp.d, That Thomas Wooley be immediately com- mitted to the jail in Queens county. Thereupon a warrant or mittimus was made out and de- livered to Capt. John Sands, in the words following, to wit : I " Whereas it appears to this Congress, upon sufficient proof, and after hearing of, and defence made by Thomas Wooley, of Cockneck, in Queens county, felt maker, that the said Thomas Wooley has three times contumaciously refused to appear in arms in the military company of the district in which he resides, commanded by Captain John Sands, and has challenged his said captain to a duel for having done his duty in his office towards the said Thomas Wooley, and therefore appears to this Congress as a per- son whose going at large is dangerous to the liberties of America : it is hereby " Ordered, That the said Captain Sands do convey the said Thomas Wooley to the common jail of Queens coun- ty ; and the keeper of the said jail is hereby ordered and required to receive the said Thomas Wooley into his cus- tody, and him safely keep in the common jail aforesaid, at his own expense, until further order of this or some future Provincial Congress or Committee of Safety of this Co- lony." Brigadier-Genl. Gates informed the Congress, that His Excellency General Washington has ordered all the troops (except the artillery corps) immediately to encamp. That the General wishes some respectable citizens were appointed to take care of the houses from which troops are removing, to have them shut up ; that His Ex- cellency conceives that it may be necessary to have the houses cleaned, to prevent any infection or disorder to arise therefrom in the city ; and that General Washington is willing to give any aid in his power for that purpose. Ordered, That General Washington's message be re- ferred to the general committee of the city of New- York, as within their proper department. Mr. Prince produced to the Congress two receipts, both dated April 1st, 1776, and signed by Wessel F. Wessels, for and on behalf of Peter T. Curtenius, Commissary, ac- knowledging to have received from Mr. Prince, twenty-eight sash lead weights, weighing four hundred, three quarters and twenty-three pounds, taken out of the Exchange ; as also seventy-nine sash lead weights, weighing fourteen hundred, one quarter and twenty-seven pounds, all gross weight, taken out of the old City Hall, by order of the Committee of Safety, made and delivered to him on the 25lh day of March last past. Die Sabbati, ho. P. M. May Uth, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President, Mr. Scott, Mr. Prince, Mr. Bancker, Mr. Beekman, Mr. Stouten- bergh, Colo. McDougall — For New-York. Colo. Jos. Drake, Mr. Paulding, Colo. L. Graham — Westchester. Mr. Oulhout, Mr. Cuyler, Mr. Glenn — ilbany. Mr. Wisner, Mr. De Witt, Colo. Palmer— Ulster. Colo. Van Brunt — Kings. Mr. Woodhull, Mr. Wickham— Suffolk. Colo. Allison, Mr. Haring — Orange. Mr. Adn. Bancker — Richmond. DIE LUNiE, 9 ho. a. m. May 13th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Colo. McDougall, Mr. Beekman, Captn. Denning, Mr. Evert Bancker, Mr. Prince, Colo. Stoutenburgh, Colo. Brasher, Mr. Brasher— For New- York. Mr. Cuyler, Mr. Glenn, Mr. Oothout — Albany. Colo. Palmer, Doctor Dewitt, Mr. Wisner — Ulster. Mr. Paulding, Colo. Joseph Drake, Colo. Lewis Graham— West- chester. General Woodhull, Mr. Wickham— Suffolk. Mr. Haring, Colo. Allison — Orange. Mr. Leffertse— Kings. A letter from Doctor Perkins, bearing date this day, was 440 JOURNAL OF THE PROVINCIAL CONGRESS. read and filed. He thereby requests to be appointed sur- geon to Colonel Ritzema's regiment. A letter from General Washington, bearing date this thirteenth day of May, was read and filed, and therein en- closes a resolve of Congress, regulating the price of tea, and a letter from Mr. Isaac Sears, alleging that he has hitherto observed the said resolution of Congress in the sale of his teas, but that he has been informed that there is a probability that some persons in New-York may violate the said resolution, and therefore signifies that he will with- hold the further sale of his teas. Ordered, That the said papers be filed. "New York, nth May, 1776. " Sir — As applications are frequently made by officers of militia, that come for the defence of this city for their pay, I enclose you a resolve of Congress on that subject, which passed the 26th of April. You have also herewith a letter I received from Mr. Sears, of New-Haven, the subject of which is of consequence, but very foreign to my department. I doubt not but your Honble. Convention will take the matter under consideration, and put a stop to the evil Mr. Sears is apprehensive of. " I have the honour to be, sir, " Your most ob. h. st. " GO. WASHINGTON. " To the President of the New-York Convention or Congress." " In Congress, April 26th, 1776. " Resolved, That the respective governments from whence militias have come for the defence of the city of New-York, be desired speedily to transmit to Congress authenticated muster rolls, and accounts of moneys due to such respective militias, in order to their being immediate- ly settled and discharged." Colonel McDougall informed the Congress that the time allowed to Colonel Ritzema, to receive arms from the Co- lony storekeeper, is expired, and that, therefore, he re- quests an order for arms in his turn. Thereupon, Ordered, That Mr. Richard Norwood, Commissary of Colony stores, deliver to Colonel McDougall, or to such captains in his regiment as shall have Colonel McDougall's orders, all the muskets and firelocks fit for use, which now are or may come into the Colony store in the course of fif- teen days from the date hereof, and that the said Commis- sary take a receipt of Colonel McDougall, or of the cap- tains to whom such arms shall be delivered, to the end that the same may be accounted for and paid for to the Colony. Resolved, That Alexander Montcreif, the jailer of the Provincial Congress, be allowed for his pay at and after the rate of four pounds per month, from the fourteenth day of March last, the day he was employed as such, while he continues in that service. And, Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, pay to Mr. Alexander Mont- crief the sum of eight pounds for his wages, from the 14th day of March last to the fourteenth instant, included. A warrant was issued to Leonard Bleecker, gentleman, to be first lieutenant of Captain John Johnson's company, in Colonel McDougall's regiment, given on condition there- in expressed, that if the said Leonard Bleecker does actu- ally enlist and be ready to join the regiment with 25 men, in three weeks from this day, the date thereof, that he will be entitled to a first lieutenant's commission. Ordered, That Peter Van Brugh Livingston, Esquire, as Treasurer of the Congress of this Colony, pay to Tho- mas Pettit, the doorkeeper, the sum of eight pounds one shilling, in full, for his account, for pay and disbursements to the 14th instant, included. The Congress took into consideration the service of Mr. Anthony Griffiths, at the laboratory of Colony ammu- nition and stores, and his account of disbursements, amount- ing to £9 7s. 3 1776, before me. ) " Wm. Waddell, Aldn." Die Martis, 3 ho. P. M. May 14th, 1776. In the Congress Chamber of the City Hall of New- York, the following gentlemen met pursuant to their ad- journment and aareement of this morning, vizt : Colo. Brasher, Colo. Stoutenburgh, Mr. Bancker, Captain Denning — For Xew-York. Mr. Cuyler, Mr. Glen— Albany. Mr. Paul Schenk — Dutchess. Mr. Haring — Orange. General Woodhull, Captn. Wickham — Suffolk. Mr. Paulding — Westchester. Mr. Polhemus, Mr. Covenhoven — Kings. No other members appearing, the gentlemen present could not proceed to business as a Congress : But prison- ers brought from Nassau island, bv Captn. Wool, were separately brought in and examined, in the presence of Mr. Alderman Brasher ; and the examinations of Thomas Hen- derson, Henrv Dawkins and Isaac Youngs respectively follow, vizt : " City of New-York, ss. Thomas Henderson, of Cold Spring, in the township of Huntington, in Suffolk county, cooper, being duly sworn on the Holy Evangelists, de- poseth and saith, that he knows Charles Friend, and has known him since some time last summer ; that he knows a person who is commonly called and known by the name of Henry Dawkins ; that said Dawkins has for several weeks past resided at the house of Israel Youngs, in Huntington ; that Dawkins said yesterday, in the deponent's presence, that he had been there upwards of eight weeks ; that some 112 weeks ago he saw the said Dawkins grinding some tools, which he then took to be engravers' tools ; that soon after Dawkins came up to Cold Spring he told the deponent that he was an engraver and a silversmith ; that there has been a suspicion in that neighbourhood that Dawkins and the Youngs were counterfeiting money ; that he, the deponent, some lime ago, informed Charles Friend that Henry Daw- kins, a countryman of his, was in the neighbourhood at Israel Youngs ; that Friend asked what he was doing there ; that he the deponent said he supposed living on his money which the Provincial Congress paid him for culling plates ; that Friend said then that he was on some such business now, and that he would have it out of him ; that he the depo- nent told Friend he had the same suspicion ; that he far- ther told Friend that no person was permitted to go into Dawkins' chamber, and that Israel Youngs himself split the wood for fire, and carried it up himself ; that Friend went to see Dawkins." " City of New- York, ss. Henry Dawkins late of the city of New- York, at present of Cold Spring, in Hun- tington, engraver, being examined, says, that he left New- York nine weeks ago this day ; that Israel Youngs had frequently before that applied to him to undertake to cut plales to make such bills as those issued by the Provincial Congress ; that he, this examinant, would not undertake to make him such, because he had been sworn not to cut any other such ; that the said Israel Youngs frequently came to see the examinant in New-York jail, and came to see him while he, the examinant, was culling those very plates; ihat after he, the examinant, was out of jail some weeks, Israel Youngs came to the examinant, and lent him some money to pay his shop rent, and took him, the examinant, up to the said Youngs' house in Youngs' sloop, together with his, the examinant's, lillle son ; that Israel Youngs had several times both before and after he, the examinant, came out of jail applied to him to cut plates to print Provincial bills of credit; that after he, the examinant, had been a day or two at Cold Spring, the said Israel Youngs showed him a large bundle of money and took out of it a Connec- ticut bill of 40s. and asked if he, the examinant, could imitate that for him, and requested him to do it immediately, and told ihe examinant that he, the said Israel, was about to pay a large sum of money, and wanted it done imme- diately, that he might pay it away as the examinant then understood ; that the said Israel Youngs told the examinant that he would reward him generously, and that he should never want ; that the said Israel Youngs came to New- York for a press, but having got a book-binder's press, which would not suit the purpose, he, the examinant, di- rected him to Woolhaupter, to make a proper press ; that in the mean lime ihe said Israel Youngs was so impatient that at his solicitation, he, the examinant, rubbed and made about a dozen of copies with a burnisher ; that he believes the bills were signed by Israel Youngs ; that he, the examinant, saw Israel Y oungs sign three or four of those iubbed off with the burnisher; that the said Israel, af- terwards desired him, t he examinant, to rub off some others in the same method ; that he t he examinant refused, as it injured the plate ; that after the rolling press was brought to Israel Youngs' house and put up, he, the examinant, pressed off seven other bills in Israel Youngs' presence, and showed him how to press the bills, and make them ; that any others that have been pressed and made, were made by Israel Youngs, or some of ihe others concerned; that by the handles of ihe press being very black, he judged at several different times that they had been at work ; that it is about four weeks since ihe press was brought there ; that Isaac Youngs and Townshend Hulet, were concerned in this business; that Isaac Youngs frequently came and staid with him hours at a time, and Townshend H u let was frequently there, and used to sleep in the room with him ; that some time ago, to wit, about a month ago, as he thinks, Israel Youngs came from New- York, and when he returned home, brought with him a newspaper printed by 446 JOURNAL OF THE PROVINCIAL CONGRESS. Hugh Gaine, mentioning the difference between certain counterfeited Connecticut bills and the true bills, and got him, the examinant, to alter and amend the plate he had cut, to correct the differences or faults pointed out in that newspaper ; that he, the exarninanl, did correct and amend the plate accordingly ; that the counterfeit Connecticut bills described in that newspaper, were those which had been struck off, or printed on, the said plate, cut by him, the examinant ; that soon after the rolling press before men- tioned was set up, that he then pressed the seven bills before mentioned, and found that he had corrected the faults men- tioned in that newspaper; that Israel Youngs told him when he gave him the newspaper, that the bills were suspected ; that he made no other plates for Connecticut money than the two plates for the 40s. bills ; that after the examinant had completed the plate above mentioned, Israel Youngs applied to him to make two plates to print thirty dollar bills, Continental money ; that he, the examinant, also completed those two plates ; that Israel Youngs told this examinant that Isaac Ketchum was to go to Philadelphia to procure paper for the purpose of printing thirty dollar bills ; that he, this examinant, does not know whether Isaac Ketchum succeeded, or brought such paper with him from Philadelphia or not ; that Israel Youngs next applied to him to cut plates to print bills of Massachusetts money of the denomination of forty-two shillings, lawful money each ; that he, this examinant, did engrave for him, the said Israel Youngs, two plates for making those bills of 42s. lawful ; that he never saw but one impression of the last mentioned bills struck or printed, after which, he, this examinant, cor- rected the plate for the front of the bill. The examinant being shown four copies of such bills, says they have been made with the plates which he, the examinant cut ; that the said Israel Youngs when the last mentioned plates were finished, took all the six plates which were finished and put them away together ; that sometimes the said Israel Youngs used to put the said plates in a large deep chest in his parlour, and sometimes in his desk ; ihat he, the examinant, has at some times seen him put the plates in his pocket, and go up stairs towards the rolling press. " That the said Israel Youngs afterwards applied to the examinant to cut plates for a two dollar bill, and gave him a sample or bill ; that he, the examinant had proceeded to cut a part of the plate for the front of the bill. The said last mentioned plate being produced to him, he says that is the plate which he had begun to engrave ; that when Israel Youngs left home to come to New-York, about six or seven days ago, he locked up the plate in his chest of drawers; that Israel Youngs about a month ago told the deponent that Thomas Henderson had intimated to him that he, the said Henderson, knew what they were about, and seemed to suspect that he, the examinant, must have dropped some words that had given Henderson cause of suspicion or some knowledge of the affair. That the said rolling press was fixed and set. up in the garret, with a small window in it, which garret had not a floor, but that boards were laid there to support the press ; that it was a low garret, in which a person could not stand upright; that the passage to that garret was a small door out of the room in which the examinant lodged into a passage up or place where a small stairs was made ; that the said small door was placed in a wall where a bed stood before it; and that he, the examinant, did not know of the said small door, stairs or garret, until the said Israel Youngs asked him to go up there to put the rolling press together, which was then up in the garret. That the bills which Israel Youngs signed he subscribed three names to them, to wit, the same names which were signed to the bill from which the plates were engraved ; that he, the exami- nant, was importuned by both Israel and Isaac Youngs to sign or subscribe the names to the counterfeited Connecticut bills ; that through their importunities he attempted to sign one bill, but that that bill was destroyed ; that Isaac Ketchum went to Philadelphia to get paper, as Israel Youngs informed the examinant, and that they expected the paper. "HENRY DAWKINS. " Taken before me this 14th ) day of May, 1776. i "Ab. Brasher, Aldn." " City of New-York, ss. Isaac Youngs, of Cold Spring, in the township of Huntington, on Nassau island, being examined says : that Henry Dawkins has resided in Israel Youngs' house, which is under one roof with his, the examinant's house, for several weeks past; that he did not know that Henry Dawkins was engraving plates to print money ; that he did not know that a rolling press was in Israel Youngs' garret until after Captain Wool came there last Sunday morning; that he once saw Henry Dawkins rubbing a copper plate, but did not know what it was for ; that he did suspect that Dawkins was cutting plates to make money, but never informed himself, nor ever attempted to inform himself ; that his brother-in-law, Townshend Hulet, did sometimes sleep in the room with Dawkins ; that he does not know where Townshend Hu- let is ; that the said Hulet does not stay much at home of late ; that Isaac Ketchum has not frequented his brother's house more of late than formerly ; that he did imagine that Henry Dawkins was making money, and spoke to his bro- ther about it ; that Israel Youngs said he never would pass any of it. Isaac Youngs farther says that he did not de- ny to Capt. Wool that there was any door or passage up to the garret where the press was found ; that he did in- form him that there was a door and showed it to him ; that Henry Dawkins informed the examinant that he could make a plate so exactly that it would not vary from the Congress bills, or words to that effect; that he, the examinant, informed Israel Youngs of it, and told him that he, this ex- aminant, thought it was a sin to pass such money, if it should not be found out, and that he would not have any hand in it ; that the said Israel Youngs said he would not pass any of it. "ISAAC YOUNGS. "Taken this 14th day of May, ) 1776, before me. > " Ab. Brasher, Aldn." Isaac Ketcham having requested to be farther heard be- fore the gentlemen present, was again brought in and ex- amined, and his short examination now taken, and by him subscribed in the presence of Mr. Alderman Brasher; was taken on the same paper with his examination in the form- er part of the day, and is herein before contained. In the Congress Chamber of the City-Hall of New- York- DIE MERCURII, 10 ho. a. m. May \5th, 1776. The following gentlemen met pursuant to adjournment. Mr. Bancker, Mr. Stoulenbergh, Captain Denning, Mr. P. P. Van Zandt, Mr. Scott, Mr. Alsop— For New-York. Mr. Cuyler, Mr. Glenn — Albany. Mr. P. Schenk— Dutchess. Colo. Blackwell, Mr. Lawrence— Queens. Mr. Journey, Mr. Conner — Richmond. General Woodhull, Captain Wickham— Suffolk. Mr. Paulding, Mr. G. Morris— Westchester. Mr. Lefferise, Colo. Van Brunt, Mr. Polhemus, Mr. Covenhoven— Kings. Mr. Alexr. Webster — Charlotte. Mr. Alderman Brasher being much indisposed, Mr. Al- derman Waddell, on request, attended, and Israel Youngs was examined before Mr. Alderman Waddell, and his ex- amination, by him subscribed in the presence of Mr. Wad- dell, is as follows : " City of New-York, ss. Israel Youngs, of Cold Spring, in the township of Huntington, in Suffolk county, being JOURNAL OF THE PROVINCIAL CONGRESS. 447 examined says, that he never applied to any person to cut any plates for him to print or impress money ; that Henry Hawkins lodged in his chamber when at his house. That he does not know that Hawkins cut any plates while he was there. That he look Hawkins to his house at Haw- kins' request. That he visited Hawkins a few times while he was in New-York jail ; that he never lent any money to Hawkins. That he first knew Hawkins in New- York jail. That he never applied to Dawkins for any work but to cut a seal. That he took up a rolling press from a person named Woolhaupter, as he thinks, to his house at Hawkins' request; that the letter to procure the rolling press Hawkins gave him ; that when it was opened by Woolhaupter, it was wrote in the name of one Cox, to the best of his remembrance ; that he, the examinant, then had some suspicion that Hawkins was about to print some thing which he ought not ; that Townshend Hulet when at his house used to sleep in the same room with Dawkins ; that his wife usually carries the keys of a large blue chest in his house ; that he knows nothing of a two dollar bill or any plate taken out of a chest of drawers in his house ; that Hawkins mentioned to him that money might be struck if paper could be got ; that he told Hawkins it was most probable that if to be got it must be in Pennsylvania, and that Isaac Ketchum was going there and would be as like- ly as any person to get it, or words to that effect ; that he, the examinant, spoke to Isaac Ketchum about paper, and told him what Hawkins said ; that Ketchum said he did not think it could be procured ; that he spoke to Levi Lott, at Rariton, and informed him that a person had told him money could be made, and inquired of him whether paper could be obtained ; that Lott told him he thought paper could not be obtained ; that he saw Lott at his neighbour's house ; that he applied to Lott about paper because he had heard that his brother had a paper mill ; that he purchased some sheets of large paper in New-York, and a parcel of colours, of one Duyckinck, for Hawkins to make a draft for him, the examinant; that Isaac Ketchum, since his re- turn from Philadelphia, desired him to tell Hawkins that he thought the paper he wanted could not be got ; that he does not recollect to have ever seen Henry Hawkins sign or attempt to sign a bill, or counterfeited bill of Connecticut money ; that his only motive or inducement to inquire about paper, was to oblige Hawkins who lived at his house ; that the only subject on which he, this examinant, was to have wrote to Levy Lott, was on account of some wheat, and that he never wrote the letter ; that he does [not] know that he sent any message to Levi Lott by Isaac Ketchum ; that it was only about wheat, if he sent any message ; that he lias a Connecticut bill, which he supposes to be a counterfeit ; that it is in his pocket book; that he shewed it to a boatman and some butchers ; that he was looking over his money when lie discovered it ; that he did not ever offer to pay it away ; that he has another bill at home, which was refused some time ago, as bad, be- cause it looked greasy and dirty ; that the last mentioned was a 40s. Connecticut bill ; that he has never seen any Massachusetts bill unsigned ; that he once went up to his chamber and there saw a Connecticut bill unsigned, on one of the beds ; that it appeared to be a 40s. bill ; that he does not know how it came there ; that he left the bill there, and never inquired about it ; that he did not suspect that Dawkins had made any of any other sort ; that the rolling press was set in the garret as being the most convenient place for it. " ISRAEL YOUNGS. "Taken this 15th day of May, > 1776, before me. $ "Wm. Waddell, Aldn. n In the Congress Chamber in the City-Hall of New- York, Hie Meruurii, 4 ho. P. M. May \5th, 1776. The following gentlemen met pursuant to adjournment. Mr. Scott, Mr. Evert Bancker, Major Van Zandt, Colo. Remsen, Colo. Stoutenburgh, Captain Denning, Mr. Jieekman— For New-York. Mr. Cuyler, Mr. Glenn — ilbany. Mr. Paul Schenk — Dutchess. Colo. Blackwell, Captn. Lawrence— Queens. Mr. Journey, Mr. Conner — Richmond. General Woodhull. Mr. Wickham— Suffolk. Mr. Morris, Major Lock wood, Colo. Gilbert Drake, Mr. Paulding — Westchester. Mr. Covenhoven, Mr. Leffertse, Mr. Polhemius — Kings. Mr. Webster— Charlotte. Mr. Alderman Waddell attended agreeable to request of the gentlemen present in the morning. James Parsons, of the city of New-York, merchant, by request, attended and produced a pocket book of Israel Youngs', sealed up with different seals, impressed by the seal of the said Israel Youngs. The said Israel Youngs being brought in, and the said pocket book shewn to him, declared that he was satisfied that it had not been opened since he sealed it. It was then opened in his presence, and the money therein contained counted in his presence and put up in lists. Out of that book, in presence of the said Israel Youngs, was retained two bills of 42s. Massa- chusetts ; one of them much blued. Also two bills of Connecticut, 40s. each ; one of them the said Israel Youngs says he supposes to be bad ; that he discovered it lately ; received it, as he supposes, from some person from the eastward. These bills were retained by Mr. McKes- son, by order of the gentlemen present. All these trans- actions were in the presence of Alderman Waddell. Isaac Kelcham sent in a request that he might be again heard, he was brought in, and his farther declaration taken in the presence of Mr. Waddell, at the end of his former examinations herein before contained. Henry Hawkins sent in a request to the Council, that he might be again called before them and examined. He was accordingly brought in and examined before Mr. Alderman Waddell, and his examination by him subscribed, hereafter follows, to wit : " City of Neiu-York, ss. Henry Hawkins, late of the city of New-York, engraver, being examined in the pre- sence of William Waddell, Esqr. alderman of the north ward of the said city, and one of the justices of the peace for the city and county of New-York, says, that a bill of cre- dit of the Colony of Massachusetts Bay, now produced to him, dated the seventh day of Hecember, 1775, of the va- lue of forty-two shillings, lawful money, numbered 4,354, signed J. Wheeler and Tho. Rice, is a bill which he for- merly received of Israel Youngs, of Huntington, as a pat- tern to cut a plate to imitate the said bill, and to make bills of the same denomination ; that the said bill above men- tioned is yet stained with Prussian blue, which the exami- nant put thereon in order to obtain the imitation of the bill on a plate ; that the said bill is yet smooth, from the exa- minant having rubbed it on a plate with a burnisher ; that after he, this examinant, had engraved the plate intended to print such bills, he delivered the said bill and the plate to the said Israel Youngs. The said examinant farther says, that a bill now produced to him, in form of a Connecticut bill, of forty shillings, lawful money, dated May 10th, 1775, and numbered 12,486, and appearing to be signed Wm. Puthm, Thos. Seymour, Jesse Root, is a bill which he made for the said Israel Youngs, at his request, on a plate which he, the said examinant, cut for the said Youngs ; that it is one of the first twelve bills which the examinant rubbed off the said plate with a burnisher, before the said 448 JOURNAL OF THE PROVINCIAL CONGRESS. Youngs obtained a rolling press ; that before any bills were rolled wild the press, he corrected the plate, by making the two small crosses after the asterisk and before the obelisk, to join together, which they do not in this bill ; that this bill is one of the best which were rubbed off with the burnisher ; that he saw the said Israel Youngs sign four of those bills ; that he signed with red ink made of carmine ; that he believes the bill now produced to be one of those which he saw signed with the signers' names by the said Israel Youngs ; that he knows it to be one of the bills rubbed off with a burnisher by the hardness of the paper and its smoothness, and from the light colour of the bunches of grapes, which was afterward corrected in the plate. " HENRY DAWKINS. " Taken and examined this 15th ) day of May, 1775, before me. J " Wm. Waddell, Aldn." In Congress Chamber, in the City Hall of the city of New-York. DIE JO VIS, a. m. May 16th, 1776. The following gentlemen met pursuant to adjournment. Colo. Stoutenbergh, Mr. Hallett, Captn. Denning', Captn. Rutgers; Mr. Scott - .For New-York. Mr Cuyler, Mr. Glenn — Albany. Mr. Paul Schenk — Dutchess. Colo. Blackwell, Captn. Lawrence — Queens. Mr. Little — Orange. Mr. Alexr. Webster — Charlotte. General Woodhull, Mr. Wickham — Suffolk. Mr Morris, Colo. Gilbert Drake, Mr. Paulding, Major Lockwood — Westchester. Mr. LefFertse — Kings. Mr. Journey, Mr. Conner— Richmond. For want of a sufficient number of members to represent the Colony, the gentlemen present, at one o'clock, ad- journed to meet at 5 o'clock in the afternoon. Die Jovis, 5 ho. P. M. May 16th, 1776. The following members met pursuant to adjournment. Mr. Scott— For New-York. Mr. Paul Schenk — Dutchess. Colo. Blackwell, Mr. Lawrence — Queens. Mr. Alexander Webster — Charlotte. Mr. Cuyler, Mr. Glenn — Albany. Colo. Gilbert Drake, Major Lockwood, Mr. Morris, Mr. Paulding — Westchester. Mr LefTertse, Mr. Covenhoven — Kings. General Woodhull, Mr. Wickham— Suffolk. Mr. Archd. Little — Orange. Mr. Journey, Mr. Conner — Richmond. At 6 o'clock the gentlemen present, for want of a suffi- cient number to proceed to business, adjourned till 10 o'clock to-morrow morning. In the Congress Chamber of the City Hall in New- York. DIE VENERIS, 10 ho. a. m. May nth, 1776. The following members met pursuant to adjournment. Colo. Stoutenburgh, Colo. Remsen — For New-York. Mr. Schenk — Dutchess. Colo. Blackwell, Captn. Lawrence — Queens. Mr. Cuyler, Mr. Glenn — Albany. Mr. Paulding, Mr. Morris, Colo Gilbert Drake — Westchester. Mr. Journey, Mr. Conner — Richmond. General Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Little — Orange. Mr Webster— Charlotte. At one o'clock the gentlemen present adjourned for want of a sufficient number of members, and agreed to meet again at four o'clock. In the Congress Chamber of the City Hall, in New-York. Die Veneris, 4 ho. P. M. May \lth, 1776. The following gentlemen met pursuant to adjournment. Colo. Remsen, Mr. E. Bancker, Colo. Stoutenbergh, Mr. Beekman, Mr. Hallett, Mr. Scott— For New- York. Colo. Gilbert Drake, Major Lockwood, Mr. Paulding — Westchester. Mr. Webster — Charlotte. General Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Colo. Blackwell, Mr. Lawrence — Queens. Mr. Paul Schenk — Dutchess. Mr. Corlelyou, Mr. Conner — Richmond. Adjourned till ten o'clock to-morrow morning. DIE SABBATI, 10 ho. a. m. May ISth, 1776. The following members met. Mr. Jacobs. Van Zandt, Mr. Van Cortlandt, Mr. Bancker, Colo. Rem- sen, Major Stoutenburg, Mr. Hallett, Mr. Scott — For New-York. Mr. Little — For Orange. Mr. Journey, Mr. Conner — For Richmond. Mr. Cuyler, Mr. Glen— For Albany. Mr. Paul Schenk — For Dutchess. Colo. Blackwell, Capt. Lawrence — For Queens. Mr. Moore, Mr. Harper — For Tryon. Genl. Woodhull, Mr. Wickham, Mr. Gelston— For Suffolk. Mr. Morris, Colo. Gilbt. Drake, Major Lookwood, Mr. Paulding — For Westchester. Mr. LefTertse— For Kings. Mr. Webster — For Charlotte. The following officers of this Congress were then una- nimously chosen, to wit : Brigadier-General NATHANIEL WOODHULL, President. John McKesson, > s - Robt. Benson, £ Thomas Pettit, Doorkeeper. The credentials from several counties were respectively read, to wit : A certified extract of the minutes of the general com- mittee of the city and county of New- York, was read and filed. It thereby appeared that at an election held at the City Hall in the city of New-York, on the third Tuesday of April last, (pursuant to the resolutions of the late Provincial Congress,) the following persons were, by plurality of voices, elected Deputies to represent the said city and county in Provincial Congress, to wit : John Jay, Philip Livingston, John Alsop, Francis Lewis, Abraham Brasher, Evert Bancker, Jacobus Van Zandt, Henry Rem- sen, Thomas Randall, Comfort Sands, John Van Cort- landt, Isaac Roosevelt, Isaac Stoulenburgh, John Morin Scott, John Broome, William Denning, James Beekman, Peter Praw Van Zandt, Joseph Hallett, Anthony Rutgers, James Duane. A certified copy of a resolution of the said general com- mittee, was also read. They thereby resolve that any five of the said Deputies shall constitute a quorum. A copy of such part of the minutes of the committee of the county of Albany, dated April 25lh, 1776, as re- lates to the election for Deputies to represent the said county in Provincial Congress, and certified by Mat. Visscher, Secry. was read and filed. It thereby appears that Abraham Yates, Junr. John Js. Bleecker, Robert Van Rensselaer, Francis Nicoll, Leonard Gansevoort, John Ten, Broeck, Jacob Cuyler, Abraham Ten Broeck, Robert Yates, Henry Glen, Christopher Yates and Peter R. Li- vingston, were duly elected Deputies to represent the city and county of Albany in Provincial Congress, and by a resolve of the said committee any three of them are au- thorized to represent the said city and county in Congress, as aforesaid. JOURNAL OF THE PROVINCIAL CONGRESS. 449 A certificate dated April 18th, 1776, signed by William Smith, chairman, and attested by Ezra L'hommedieu, clerk of the committee of Suffolk county, was read and filed, whereby it appears that Nathaniel Woodhull, Tho- mas Tredwell, Selah Strong, John Sloss Hobart, Thomas Wickham, David Gelston, Daniel Brown and Ezra L'hom- medieu, Esquires, were duly elected to represent the said county in Provincial Congress, and either three of them to be a quorum. A certificate dated April 16th, 1776, signed by Egbert Benson, chairman, and attested by Melancton Smith, clerk of the committee of Dutchess county, was read and filed, whereby it appears that at an election held on the said 16th day of April, Anthony Hoffman, Morris Graham, Henry Schenk, James Livingston, Theodorus Van Wyck, Junr. John Field, Paul Schenk, James Van Derburgh and Ben- jamin De Lavergne, Esquires, were elected Deputies to represent the said county in Provincial Congress for one year and no longer, and any three of them to be a quo- rum. A certificate dated on the third Tuesday of April last, and signed by Thomas Thomas, chairman of the commit- tee of Westchester county, was read and filed. It there- by appears that Colo. Pierre Van Corllandt, Colo. Lewis Graham, Colo. Gilbert Drake, Major Ebenezer Lockwood and Governeur Morris, William Paulding, Jonathan G. Tomkins, Samuel Haviland and Peter Fleming, Esqrs. were duly elected to represent the said county in Provin- cial Congress for twelve months, with such powers and authority as was recommended in the resolutions of the late Provincial Congress to be given them ; any three of whom to be a quorum. A certificate dated April 16th, 1776, and signed by George Townsend, chairman of the committee of Queens county, was read and filed. It thereby appears that Colo- nel Jacob Blackwell, Jonathan Lawrence, Cornelius Van Wyck, Waters Smith, Samuel Townsend, Esqr. James Townsend, Thomas Hycks, Esqr. and Captain John Wil- liams were legally chosen to represent the said county in Provincial Congress ; and that they, or any three of them, when met in Congress, to have full power to transact all matters which may concern the said county, and particu- larly to assist the other counties in the choice of persons to represent this Colony in Continental Congress, and like- wise to appoint, out of their body, any number of persons to be a Committee of Safety for this Colony, if it be thought necessary. A certificate dated April 16th, 1776, and signed by John Leffertse, chairman, and Abraham Van Ranst, clerk of the committee of Kings county, was read and filed. It there- by appears that John Leffertse, Nicholas Covenhoven, Je- remiah Remsen, Theodorus Polhemus, Leffert Leffertse, Rutgert Van Brunt, Jeremiah Van Derbilt and John Van Derbilt were chosen to make out a representation for the said county out of their body ; and that any four, three, two or one of them make a quorum, with full powers, in behalf of the said county, to appoint delegates to represent this Colony in Continental Congress, and to make such or- ders and take such measures as they shall judge necessary, not repugnant to, or inconsistent with any rules or orders of the Continental Congress, for the preservation of the rights, liberties and privileges of the inhabitants of this Colony. A certificate, with a resolve and order subjoined, from the committee of Tryon county, dated April 16th, 1776, and signed by William Seeber, chairman, and attested by John Eisenlord, clerk, were read and filed ; whereby it appears that Christopher P. Yates, Isaac Paris, John Moore and William Harper were duly elected, and that they, or any two of them, have power to represent the said county in Provincial Congress, for not longer than twelve months from the said 16th of May. A letter from the committee of Richmond county, dated 113 April 23d, 1776, signed by Christian Jacobson, chairman, and attested by Israel D. Bedell, clerk, directed to Messrs. Paul Mecheau, Richard Conner, Aaron Cortelyou and John Journey, was read and filed ; whereby it appears that those gentlemen were duly elected to represent the said county in Provincial Congress, with power to any two of them to constitute a quorum to represent the said county as afore- said, until the second Tuesday in May, 1777. A letter from the committee of Charlotte county, dated atN ew-Perth, May 1st, 1776, signed by John Williams, chairman, and Edward Savage, clerk, was read and filed ; whereby it appears that Colo. John Williams, Major Alex- ander Webster and Major William Malcom were legally chosen to represent the said county ; and it further appears, by a resolve and order of the said committee subjoined, that they, or either of them, shall represent the said county in Provincial Convention, until the second Tuesday in May, 1777. A certificate from the county committee of Orange county, with two resolutions of the said committee dated the 10th day of May instant, subscribed by Elihu Marvin, chairman, and attested by Thomas Moffat, clerk pro tem- pore, were read and filed. It thereby appears that on the 16lh day of April last, elections were respectively duly held in the precincts of Goshen and Cornwall, for Deputies to represent the county of Orange in the Congress of this Co- lony, pursuant to the resolutions of the late Congress of the 12th day of March last, for that purpose made and pro- vided ; that Peter Clowes and William Allison, Esquires, were unanimously elected in the precinct of Goshen, and vested with all the powers mentioned in the resolves of the said 12th day of March last, except the power of electing Delegates to represent this Colony in Continental Con- gress ; that Archibald Little, Esquire, was unanimously chosen in Cornwall precinct, to be one of the Deputies to represent Orange county in this Congress, with all the powers specified in the aforesaid resolves of the 12th day of March last. Thereto is subjoined resolutions of the said committee, 1st. That those gentlemen were duly elected, and that they be returned as legal members to this Congress. 2dly. That any two of the Deputies chosen in the said county of Orange should be a quorum to represent that county in this Congress. A certificate from the county committee held on the south side of the mountains, in Orange county, on the 16th day of May instant, subscribed by Johannes Isa. Blauvelt, chairman pro tempore, and John Coleman, clerk, was read and filed. It thereby appears that at elections held for that purpose in the several precincts of Orange Town and Haverslraw, on the third Tuesday in April last, (according to a determination of the county committee,) John Haring, Esquire, in Orange Town, and David Pye, Esquire, and Mr. Roeloff Van Houten, in the precinct of Haverstraw, were duly elected Deputies from Orange county to this Congress for the space of twelve months. That any two Deputies chosen in that county should be a quorum to re- present that county in this Congress, with all the powers mentioned or set forth in the resolutions of the late Con- gress of this Colony of the 12th day of March last, pro- viding for such elections. It was then proposed to determine in what manner the votes of the respective counties, here represented, shall be taken on any division, and debates arose thereon. Thereupon Mr. Leffertse moved, and was seconded by Mr. Gelston, that the farther consideration thereof be postpon- ed, and a future day now fixed for the consideration thereof, and that in the mean time the counties respectively have the same number of votes as in the late Congress of this Colony. The question being put thereon it [was] agreed to be determined, and was determined by polls, in the manner following, vizt ; / 4,10 JOURNAL OF THE PROVINCIAL CONGRESS. For the affirmative. For the negative. Mr. Lcflertse, Every other member present. Mr. Gelslon, and Mr. Conner. After some farther time spent in consideration of this matter, and debates thereon, it is unanimously Resolved, Agreed and Ordered, That every question on any division be determined by a majority of the votes of the several counties then having a representation in this Congress, and that The city and county of New-York shall have 8 votes. The city and County of Albany, 6 The county of Dutchess, 5 do Suffolk, 4 do Ulster, 4 do Westchester, 4 do Orange, 3 do Queens, 4 do Kings, 2 do Richmond, 2 do Tryon 3 do Charlotte, 2 do Cumberland, 2 do Gloucester, 1 In all 50 votes. The following rules were unanimously resolved on and agreed to as the rules of this Congress, vizt : 1st. That the President, and in his absence a President to be appointed pro tempore, shall preside at every meet- ing and keep order and decorum, and that it shall be his duty to sign all letters from this Congress. 2d. That all motions be made in writing, and read by the member moving, in his place, and then delivered at the Chair, and that all addresses be made to the Chair, and standing. 3d. That if more than one shall rise to speak at the same time, the President shall determine who shall first be heard. 4th. That the substance of every motion made and se- conded shall be entered on the minutes, unless withdrawn by leave of the Congress. 5th. That no interruption shall be suffered while a mem- ber is delivering his sentiments, unless by calling such member to order. 6th. That after the determination of any matter or thing, the same shall not be reassumed but with the consent of such majority as aforesaid, upon notice of a motion for that purpose previously given, at least one day before the same is made. 7th. That when any question is determined upon a di- vision, the names of the respective counties shall be enter- ed as they shall vote on each side ; but any member for any county may be at liberty to have his name and dissent from the vote of his county entered on the minutes. 8th. That this Congress shall from time to time meet on their own adjournments. 9th. That for the despatch of business, and to prevent interruptions, the doors of our meetings shall be shut, un- less on any such occasion where a majority as aforesaid shall determine otherwise. 10th. That no question shall be determined on the day that it is agitated, if three counties shall request that it be deferred to the next day. llth. That no member shall be at liberty to speak more than twice, to the same point, without leave from the Pre- sident for the time then being. 12th. That every member of this Congress shall keep secret all such matters, proceedings, and things in this Congress, as shall be enjoined from the Chair to be kept secret, upon pain of expulsion. 13th. That whenever the proceedings of this Congress shall be published at the close of this session, all the mi- nutes shall be published, and no part concealed, unless such as the unanimous votes of the counties shall declare to be of a secret or unimportant nature ; but that extracts of the proceedings may, nevertheless, be published, from time to time, as the Congress shall think fit. Resolved and Ordered, That Messrs. Jacobus Van Zandt, Capt. Denning, Mr. Sands, Mr. Beekman and Mr. Evert Bancker, be a committee for the auditing of ac- counts, and to compose a pay table for the purpose of au- diting all accounts against the treasury of this Congiess. That they, or any three or more of them, do endorse or subscribe every account they shall pass, and certify how much shall be paid for or on such account. That such en- dorsement or certificate shall be a sufficient voucher to the Treasurer of this Congress for the payment of such sum or sums as shall be certified by the said committee, or a major part of them, to be due or payable on, or for such account ; that the said committee do enter in a book, or books, to be by them kept for the purpose, a regular ac- count of all the accounts by them passed. That they be empowered to hire and employ one able and sufficient clerk, and a room for the purpose, and that this Congress will make provision for the payment thereof. That they be directed to make a separation in the Trea- surer's accounts, between those that are of a Continental nature, and those that are merely Provincial, and keep them in a proper state to be transmitted to the Continental Con- gress, when thereunto directed by this Congress, or the Committee of Safety. That they lay before this Congress, or Committee of Safety, a state of the accounts of this Colony, from time to time, as they shall be thereunto required. That the said committee be allowed a reasonable com- pensation for their services. The President informed the Congress that General Wa- shington had discovered to him that he had lately received certain letters, affidavits and advices of some dangerous machinations in this and one of the neighbouring Colonies. That the General does not at present think it necessary to communicate those matters to the whole Congress, but would be obliged by the appointment of a secret commit- tee to confer with him on the dangers to which this Colony is exposed from its intestine enemies. Thereupon a motion was made and seconded that be a committee on behalf of this Congress, to confer with the Commander-in-Chief of the Continental forces in this Colony, on all such matters as he shall choose to mention or communicate to them. Mr. Scott moved (and was seconded) for the following amendment, to wit : that the words " relative to the exe- cution of his office," be inserted between the word " mat- ters " and the word " as." Debates arose on the said proposed amendment and the question being put thereon, it was carried in the affirma- tive for the amendment in manner following, to wit : For the affirmative. For the negative. New- York, 8 Suffolk, 4 Tryon, 3 Westchester, 4 Charlotte, 2 — Kings, 2 8 Richmond, 2 17 Ordered therefore, That the said amendment be made. Thereupon, Resolved and Ordered, That Mr. Scott, Mr. Morris, Colo. Remsen, Mr. Cuyler and Mr. Wickham, or any three or more of them, be a secret committee on behalf of this Congress, to confer and advise with the Commander- in-Chief of the Continental forces in this Colony, on all such matters " relative to the execution of his office as he shall choose to mention or communicate to them." Charles Friend, who voluntarily came to the late Pro- vincial Congress and gave them information whereby Israel Youngs, Henry Dawkins and others have been ap- prehended, and are now in custody for counterfeiting Con- tinental currency and the bills of credit of the Colonies of Massachusetts Bayand Connecticutfand] hassincethat lime been detained here as an evidence, prays to be dismissed ; and John Henderson, who was also brought to this city on JOURNAL OF THE PROVINCIAL CONGRESS. 451 the fourteenth instant, as a witness against the said prison- ers, and is so poor as to be without means to return home, prays to be dismissed. This Congress are of opinion that, considering the po- verty and fidelity of the said Charles Friend, he merits a reward. Therefore, Ordered, That John McKesson, one of the Secretaries, advance to John Henderson two dollars, to bear his ex- penses in returning home ; and that the said Secretary ad- vance to the said Charles Friend twenty dollars, as a re- ward for his fidelity, time and expense, in coming to New- York to give the information aforesaid. That the door- keeper discharge the account of the boarding of the said two witnesses since they arrived in this city, and charge the same in his account. And Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, repay to John McKesson the said sum of twenty-two dollars and take his receipt for the same, for which a certified copy of this entry shall be a sufficient voucher. Die Sabbati, 4 ho. P. M. May 18th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Scott, Mr. Bancker, Mr. Van Zandt, Colo. Stoutenburgh, Mr. Hallett, Mr. Van Cortlandt, Capt. Denning — For New-York. Mr. Leflertse — Kings. Major Webster— Charlotte. Mr. Cuyler, Mr. Glenn— Albany. Mr. Morris, Mr. Paulding, Major Lockwood, Colo. Gilbt. Drake— Westchester. Mx. Journey, Mr. Connor — Richmond. Mr. Wickham, Genl. Woodhull, Mr. Gelston— Suffolk. Mr. Little— Orange. Mr. Moore, Mr. W. Harper — Tryon. A letter from Christian Jacobson, chairman of the com- mittee of Richmond county, dated the 14th instant, was read and filed. He therein informs, that John Garritson has declined an ensign's commission in the Continental troops, and recommends John Decker to be appointed with that commission. Ordered, That the said letter be filed. A letter from James Duane, Esquire, chairman of the Continental Treasury office, dated at Philadelphia, on the ninth instant, covering copies of resolutions of Congress for numbering the inhabitants of this Colony, was read, and follows, to wit : " Treasury Office, Philadelphia, May 7, 1776. "Honourable Gentlemen — We enclose to you the re- solutions of Congress, passed the 26th December, 1775, and 17th February following, and have to request your Honourable House will cause the number of inhabitants of your Colony to be taken and transmitted to this office, con- formable to the directions laid down in the first mentioned resolve. I have the honor to be, in the name of the super- intendents of the treasury, " Honourable gentlemen, " Your most obedient humble servant, "J AS. DUANE, Chairman. " To the Honble. the Convention of New-York." The resolutions of Congress, copies whereof were re- ceived with the preceding letter, were read, and follow, to wit : "In Congress, December 26th, 1775. "Resolved, That it be recommended to the several As- semblies, Conventions, Councils, or Committees of Safety of the respective Colonies, to ascertain, by the most im- partial and effectual means in their power, the number of inhabitants in each respective Colony, taking care that the lists be authenticated by the oaths of the several persons who shall be intrusted with this service ; and that the said Assemblies, Conventions Councils, or Committees of Safe- ty, do respectively lay before this Congress a return of the number of inhabitants of their respective Colonies, as soon as the same shall be procured. (Copy.) " Extract from the minutes. "CHARLES THOMSON, Secy." " In Congress, February llth, 1776. " 1st. Resolved, That a standing committee of five be appointed, for superintending the treasury. " 5th Article. That it shall be the business of this com- mittee to obtain from the different Assemblies and Conven- tions of the United Colonies, accounts of the number of inhabitants in each Colony, according to a resolution of Congress on that subject. (Copy.) " Extract from the minutes. " CHARLES THOMSON, Secy." " At a Board of Treasury, held at the Treasury office in Philadelphia, the seventh day of May, Anno Domini 1776, Present — James Duane, Chairman, i Thomas Willing, > Superintendents. Eldredge Gerry, Esqrs. ) John Gibson, Auditor-General. William Webb, Assistant. " Ordered, That letters be written pursuant to the reso- lution of Congress of the seventeenth day of February, to the different Assemblies and Conventions of the United Colonies, requesting them to furnish accounts of the num- ber of the inhabitants of each Colony respectively, accord- ing to the resolution of Congress on that subject, and that a copy of the last mentioned resolution be forwarded to each of them. " Extract from the minutes of the Treasury Board, "JOHN GIBSON, Aud. General" Ordered, That Mr. Glenn, Colo. Stoutenburgh and Mr. Gelston, be a committee to form and report a plan to ascer- tain the number of inhabitants in this Colony, and that they report with all convenient speed. A letter from James Duane, Esqr. chairman of the Con- tinental Treasury office at Philadelphia, requesting an ac- count to be rendered of the expenditure of Continental moneys passed through this Convention, was read, and follows, to wit : " Treasury Office, Philadelphia, May 7, 1776. " Honourable Gentlemen — The Congress having on the 17th February last, appointed a standing committee for superintending the treasury, and on the first of April, among other things, "' Resolved, That all Assemblies, Conventions, Coun- cils and Committees of Safety, commissaries, paymasters, and others intrusted with public moneys, should, within a reasonable time after being called upon for that purpose by the committee of the treasury, produce their accounts at the Treasury office, in order to their being settled and ad- justed :' " We are, in pursuance of the said regulations, to re- quest that your Honourable House will be pleased to give orders that an account be rendered of the expenditure of the Continental moneys, which, by the acts of Congress, have passed through your hands into this office, with the proper vouchers, that the same may be settled and adjusted here, and reported for the final allowance of Congress. " I have the honour to be, in the names of the superin- tendents of the treasury, " Honourable gentlemen, " Your most obedient humble servant, "JAS. DUANE, Chairman. "To the Honble. the Convention of New-York." The President at the request of several members in- quired of those members who form the pay table committee in what forwardness they had got the public accounts ? Those gentlemen replied that the public accounts are in great forwardness, and that they expect the accounts of disbursements of public money, will soon be ready to trans- mit to Continental Congress. Another letter from James Duane, Esqr. chairman of the superintendents of the treasury, at Philadelphia, re- 452 JOURNAL OF THE PROVINCIAL CONGRESS. questing to know what allowances have been made to the New-York, battalions, and the reason why Heman Allen's accounts were in part rejected, was read, and follows, vizt : " Treasury Office, Philadelphia, May 1th, 1776. "Honourable Gentlemen — Captn. Heman Allen's ac- count of disbursements as captain of a company in Colonel Warren's battalion, is now under examination in this office. He informs us that he could not settle it with your honour- able body to his satisfaction, nor are we able without some information to state it in a clear light to Congress. We, therefore, request that you will be pleased to let us know what allowances you have made to the New-York bat- talions, and the reason why Captain Allen's claim was in part rejected. " 1 have the honour to be, in the name of the superin- tendents of the treasury, " Honourable gentlemen, " Your most obedient humble servant, "J AS. DUANE, Chairman. " Honble. Committee of Safety, New-York." Ordered, That the above letter be referred to the audi- tors, or members, who compose the pay table committee, to be answered. A certificate signed by Samuel Brewster and Hugh Umphrey, two of the committee of the precinct of New- Windsor, in Ulster county, dated the sixth instant, was read and filed. They thereby certify that on that day they attended an election of officers for one of the companies of militia in the said precinct, and in the second regiment of Ulster county. That James Umphrey was then chosen captain of the said company, and that on the first day of February last, James Kernaghan was chosen second lieu- tenant, and Richard Wood, ensign, of the said company. Ordered, That commissions issue to those gentlemen accordingly. A letter from William Elsworth, Esquire, chairman of the committee of Kingston, in Ulster county, relative to Azor Belts and John Blackler, was read. He therein says that those prisoners have broke their promises, and behaved ill, and deserved no farther compliments from the com- mittee. Ordered, That the said letter be filed. A letter from Lieutenant-Colonel Van Cortlandt, dated the 15th instant at Albany, was read and filed. A resolu- tion of the committee of Albany therein enclosed, was also read and filed. Colo. Van Cortlandt by his letter recom- mends, and the committee of Albany by their resolutions also recommend, Mr. Thomas Williams, Junior, to be quarter-master to Colonel Wynkoop's regiment. Ordered, That Mr. Glenn, by letter, inform Colonel Wynkoop, and the committee of Albany, that the appoint- ment of adjutants and quarter-masters to the regiments of Continental troops raised in this Colony, is given to the colonels of the respective regiments, who may appoint and displace them at pleasure. A letter from Johannes Hardenbergh, Esquire, chairman of the committee of Ulster county, dated the 15th instant, was read and filed. He thereby gives some information of the stale of the several companies of Continental troops which were directed to be raised in Ulster county. A letter from Colonel Ritzema, dated this day, was read and filed. He thereby recommends Doctor Ledger for a surgeon to his regiment; requests arms for his men, and that the billeting money and subsistence of some of the companies in his regiment, which is not finally settled, may be fully paid off and discharged. A letter from Gerrit Abeel, deputy chairman of the ge- neral committee of the city of New-Y r ork, was read and filed. He thereby informs that a sub-commillee of their body viewed the houses lately inhabited by the troops ; that it would be difficult to clean and repair them, and suggests that it would be proper for this Congress to appoint some person to see that business executed. Ordered, That Mr. Gerrit Roorback, the barrack-mas- ter, be, and he is hereby, directed to employ as many per- sons as he shall judge necessary, to clean all the houses and yards lately occupied by the troops in this city ; that Mr. Roorback superintend the cleaning of the said houses and yards, and render an account of the expenses attending the same, to this Congress. Colonel Remsen informs the Congress that it frequently and necessarily happens that the colonels of the respective regiments in this city are out of town for a short time ; that in the absence of any such colonel, any person of his re- giment, or battalion, cannot obtain a furlough to go out of the city on any emergency whatever. For remedy whereof, Ordered, That any of the field officers of any battalion or regiment of militia in the city and county of New-York, be empowered to give such leave of absence, as by a re- solution of this house of the tenth instant, is directed and permitted to be given by the colonel, or commanding officer of such regiment or battalion. A letter from General Washington, dated the 17th in- stant, was read as follows, vizt : " NevrYork, May 17th, 1776. " Sir — As I have no doubt of the willingness of the mi- litia of this city to join in its defence, against the attempts of the enemies of America, it is highly necessary, in or- der to avoid confusion in the time of any alarm, that the posts of the several regiments of militia [be] fixed on, in conjunction with those of the Continental army, and that they be allotted to the brigades most convenient to their se- veral situations ; and as I am now arranging that part of the business of the army, it will, I presume, be proper that directions be given to the commanding officers of the seve- ral corps to take the stations I shall assign, and to obey the orders they may in time of danger receive from me, or the brigadier-generals of the Continental army. The like measure will be equally necessary with regard to the mili- tia of Kings county, and part of Queens county, on Long island, and also the militia of Staten island ; and I am per- suaded that the mention of a matter so obviously necessary will be sufficient to induce the Congress of this Province to give such directions as are proper on this occasion. " I have the honour to be, " With great respect, sir, " Your most obedient servant, "GO. WASHINGTON. " To the Honble. the Prest. of the Colony of New-York." A letter from the committee of Dutchess county, was read as follows, viz : " Dutchess county, May 6lh, 1776. " Sir — It having been represented to the general com- mittee of this county, that the southern regiment of militia was too large and extensive, containing twelve companies, and covering a space of country upwards of thirty miles in length, we have therefore, not only because in other re- spects it was expedient, but also in compliance with the resolution of Congress prohibiting a regiment to consist of more than ten companies, divided it, and instead of one have formed the militia in that quarter into two regiments. Enclosed you have the description of the regiments, to- gether with a list of persons nominated for field officers. As this part of our militia will remain unregimented till the officers receive their commissions, we must request that the commissions be made out as soon as possible, and sent to the committee in Rumboul's precinct, with directions to for- ward them to the officers immediately. " I remain, (by order of the committee,) " Your very humble servt. "EGBERT BENSON, Chairman? The description of the two regiments, enclosed in the letter from the committee of Dutchess, was read as follows: " One regiment, to consist of all the militia in Pauling's precinct, (except the northern company,) all the militia in JOURNAL OF THE PROVINCIAL CONGRESS. 453 southeast precinct, and the militia on the northern and mid- dle short lots, in Fredericksburgh precinct, in the county of Dutchess. John Field, colonel; Andrew Morehouse, lieut. col.; Jonathan Paddock, 1st major; Isaac Tallman, 2d major ; Isaac Crane, adjutant ; Reuben Crosby, quarter- master. '• The other regiment to consist of all the militia in Fre- dericksbourgh precinct, (except the northern and middle short lots,) and all the militia in Phelps' precinct, in the county of Dutchess. Moses Dusenberry, colonel ; Henry Luddington, lieut. col.; Reuben Ferris, 1st major; Joshua Nelson, 2d major; Joshua Myrick, adjutant; Solomon Hopkins, quarter-master." A letter from Genl. Schuyler, was read as follows : "Saratoga, May 13th, 1776. " Sir — Mr. Duer informs me that he has presented a petition* in behalf of a considerable number of freeholders and freemen, in the county of Charlotte, to your Honble. House, in which he engages himself to support the facts therein alleged, before the Convention, on or about the 14th day of this present month. As I find it necessary to the public service to engage Mr. Duer's assistance in execut- ing an important commission, I have to request the favour that your House will not proceed to determine with re- spect to the election lately held in Charlotte county, until Mr. Duer's arrival in New-York, which will be as soon as the matter is completed in which he is at present embark- ed. 1 have no doubt but you will then be of opinion that his stay was not only justifiable but highly expedient. " I am, sir, and gentlemen, " With the greatest respect, " Your most obdt. humble servt. "PH. SCHUYLER. Directed ' To the Honble. the Prest. and Members of the Provincial Con- vention al New-York.' " " Mr. Duer begs Mr. Yanbeuren will deliver this into the hands of J. M. Scott, Esqr.; in case of Mr. Scott's ab- sence to Jacob Cuyler, Esquire. A letter from Christopher Smith, directed to Mr. Robert Benson, dated at Jamaica, on Long island, on the 14th in- stant, was read. He therein mentions that he had read in the newspapers a resolve of Congress ordering every per- son who has withdrawn himself from the city since the first of June last, to return without delay, and requesting, from infirmity of body, that he may [be] exempt from said resolve. Ordered, That said letter be not answered by this House, but that Mr. Benson be directed to answer the same. DIE SOLIS, 10 HO. A. M. May 19th, 1776. The Congress met pursuant to adjournment. Present — Brigadier Genl. Woodhull, Presidt. Mr. Hallelt, Mr. J. Van Zandt, Colo. Rerasen, Majr. Stoutenburgh, Mr. Sands, Capt. Denning. Mr. Beekman. Mr. Bancker. Mr. Roosevelt, Mr. Scott — For Xeu>York. Mr. Glenn, Mr. Cuyler— Albany, Mr. Morris, Colo. Gil. Drake. Major Lockwood — Westchester. Mr. Journey, Mr. Conner — Richmond. Genl. Woodhull. Mr. Wickham, Mr. Gelston— Suffolk. Mr. Moore, Mr. Harper— Tryon. Mr. Webster— Charlotte. Mr. Leffertse, Mr. Polhemius, Mr. Van Derbilt — Kings. Mr. Morris, from the committee who conferred with General Washington, informed the Congress lhat sundry matters of great importance had been conferred on with the General ; that the General wished for the advice and assistance of this Congress to carry into execution his own * Was the petition ever presented which is referred to in the above letter, or did Col. Duer abandon it? Was that the reason the above letter is not noticed by the Secretaries on the minutes ? J. M. K. 114 powers, if not also the assistance of the power3 of this Congress ; that the matters conferred on are of such im- portance that in order to preserve secrecy it is necessary that each particular member be sworn not to reveal to any person out of the Congress the matters to be mentioned, or the subjects of this day's debate. The President then put the question whether every mem- ber is willing to take an oath of secrecy, and the same was unanimously agreed to. Thereupon, Ordered, That the President of this Congress do take the following oath, to wit : " I do solemnly swear on the Holy Evangelists of Al- mighty God, that I will keep secret the matters and busi- ness that shall be moved, proposed, agitated, consider- ed or determined in this Congress this day, and every thing relating thereto, until leave shall be given from the Chair, by order of this Congress, to reveal the same. " And I do farther, in the same manner, solemnly swear that I will at all times keep secret all such matters and things as shall at any time be given charge from the Chair, by order of this Congress, to be kept secret, until leave shall be given from the Chair, by order of this or a future Congress of this Colony, to reveal the same." The President was then sworn accordingly. There- upon, Ordered, That the President administer the like oath to each of the members present, and to the Secretaries ; and the said oath was administered to each of them ac- cordingly, except to Mr. Alexr. Webster, who was sworn to the same oath with uplifted hand, beginning the oath in these words : "I do solemnly swear in the presence of Almighty God, Father, Son and Holy Ghost." Ordered, That if any other member shall attend this Congress this day, that he be required to take the oath before written before he hear any of the debates or matters in agitation ; and that any member who shall hereafter attend this Congress do take the general oath before written, be- fore he take his seat. Ordered, That Mr. Scott and Mr. Morris wait on Gene- ral Washington and inform him that the Congress hath ta- ken an oath of secrecy, and the nature thereof, and receive of him such papers as may be necessary to communicate to this Congress. Messrs. Scott and Morris returned from General Wa- shington and delivered to the President such papers as they had received of the General ; they reported that a scheme of a junction is forming between the disaffected in Con- necticut and on Long island, in order to join the Ministe- rial army and oppress the friends to liberty in these Colo- nies ; that the papers will give farther information. Thereupon a letter to General Washington from Jona- than Sturges, of Fairfield, dated the 14th day of May inst. with a list of deserted tories therein enclosed, were respec- tively read and filed. Mr. Morris farther informed the Congress by informa- tion from General Washington, that several persons who were strangers have been observed taking notice of and fixing on proper places for landing on the south side of Long island ; that the people of Hempstead keep up a constant communication with the ships of war. The list enclosed in the letter above mentioned. A letter from Matthew Adgate, chairman of Kings dis- trict, to General Washington, dated the 13th, was read. Mr. Morris and Mr. Scott informed the Congress that the bearer of the letter is delayed in town for the exami- nation of this Congress, and the plot therein mentioned was, to have massacred the inhabitants who are friends to liberty, and the person who had given the information had been in the councils of the disaffected. The informations of two witnesses given to a select number of the members of Kings district, and taken on oath before Mathew Adgate, chairman of lhat committee, were read and filed. The Congress spent some time in consideration of the 454 JOURNAL OF THE PROVINCIAL CONGRESS. information received, agreed to consider thereof farther un- til to-morrow morning. Mr. Van Derbilt informed the Congress that he has good reason to believe that John Hendrickson, of Queens county, can give some material information relative to the matters which General Washington has communicated to the com- mittee of this Congress appointed yesterday to confer with him. Ordered, That Mr. Van Derbilt be and he is hereby re- quested to cause a messenger to go to the said John Hen- drickson, and request him to attend this Congress to-mor- row morning. DIE LUN7E, 9 ho. a. m. May 20th, 1776. The Congress met pursuant to adjournment. Present— Brigadier-General Woodhull, President. Mr. Bancker, Mr. Alsop, Mr. Lewis, Mr. Jas. Van Zandt, Mr. Hal- lett, Capt. Denning, Mr. Scott, Colo. Stoutenburgh, Mr. Sands, Mr. Peter P. Van Zandt— For New-York. Mr. Glenn, Mr. Cuyler— Jlbany. Mr. Paul Schenk — Dutches. Mr. Litlle — Orange. Mr. Leffertse— Kings. Mr. Journey, Mr. Conner— Richmond. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Morris, Major Lockwood, Colo. Gilbt. Drake— Westchester. Mr. Moore, Mr. Harper— Tryon. Mr. Webster— Charlotte. The following gentlemen attending to take their seats, were sworn, and severally took the same oath which was administered to the members yesterday, as entered on the minutes, vizt : Mr. Alsop, Mr. Lewis, Mr. Peter P. Van Zandt, Mr. Little, Mr. Schenk, Mr. Lawrence and Colo. Blackwell. The whole proceedings of yesterday, with the several papers brought by the committee from General Washing- ton yesterday, were read and taken into consideration, and some time spent therein. John Henderickson attending, agreeable to the request of yesterday, the following oath was administered to him : " I, John Hendrickson, do solemnly swear, on the Holy Evangelists of Almighty God, that the evidence that I shall give to this Congress shall be the truth, the whole truth, and nothing but the truth, and that I will keep secret my examination before this Congress, until leave shall be given by order of this Congress to reveal the same." The President, by order of the Congress, assured Mr. Hendrickson that his name, and the substance of the evi- dence which he shall give, shall, for the present, be kept secret. " John Hendrickson, being examined on oath, says, that he does not know of any private plot among the disaffect- ed on Long island ; that he has observed the people of Hempstead in high spirits of late ; that the general part of the inhabitants of Hempstead and Rockaway are against the measures of the Colonies, and in favour of the King ; that about a fortnight ago there was a report that a fleet was expected to arrive ; that they appeared rejoiced at it ; that they expected to reap a benefit from the arrival of a fleet ; that some of them say, they expect to join the King's troops if they arrive. That Richard Hulett and Thomas Cornell were esteemed leading men of those dis- affected in Hempstead and Rockaway ; that Stephen Hu- lett was also esteemed a man of influence among them, and active. That Richard Hulett and Thos. Cornell are absent. That Isaac Denton, near Rockaway, is thought to be active at present, and to assist in sending provisions to the ships of war ; that Isaac Denton has a sloop of his own, and that he, the examinant, has heard that the said Isaac Denton has put provisions on board ; that he has lately heard James Smith) of Hempstead, say he would join the King's troops if they should arrive ; that people come to Hempstead from other places, who are said to come there for refuge ; that he has not lately seen many strangers going there, but that in January and February last he has seen many persons, sometimes a number in a day, who were strangers, going to Hempstead ; that they appeared to be reserved and cautious ; that he has lately seen some strangers in the county who are not residents ; that he believes several of the inhabitants are yet armed ; that he has lately been informed that along the south side, among the gunners, every other man at least is armed ; that he lately saw two or three men like private men, who, he supposed, belonged to one of the ships of war ; that they appeared like sailors ; that from his general acquain- tance, it is his opinion, that most part of the inhabitants would oppose the liberties of America if British troops should arrive ; that there are yet some arms in and about the town of Hempsted ; that the inhabitants are 500 or 600 in number ; that he has heard the inhabitants speak of Ga- briel Ludlow, Justice Clowes, Daniel Kissam, Esqr. and Isaac Smith, Esqr. as principal men, but that he has not heard any of those gentlemen say any thing disaffected to the Colonies, and has not had conversation with them on the subject of the present troubles ; that last winter a num- ber of the inhabitants met two or three different limes at the house of George Ryerson ; that there were 30 or 40 men at each of those meetings, as he imagines; that he has seen David Colden, Capt. W hitehead, Doct. Arden, Thos. Cor- nel, Captain Richard Hulett and Isaac Smith, go there ; that Captain Hicks, at Rockaway, who formerly had a commission from government, had about 140 men in his company ; that he conceives many concealed their best arms when Colo. Herd came to disarm them ; that they sometimes go out gunning and shooting, but complain for want of ammunition ; that the few friends to liberty in that part of the country, are afraid, on account of the openness and threats of the disaffected ; that Nathan Smith told the examinant that one Ackerman had informed him that he, the said Ackerman, had seen a quantity of beef and pork on board of Isaac Denton's sloop, that there were also but- ter, eggs and gammons on board, and that the sloop pro- ceeded out of Rockaway inlet towards the ships of war ; that this was a few days before Capt. Parr came up there with a company of riflemen ; that he has at three different times seen one sloop come into Rockaway inlet ; that at one time it was Denton's sloop which he saw, and that the last he saw was a light sloop, which came in there on a Friday, which was a fortnight ago last Friday ; that from the cau- tion the greatest part of the inhabitants observe with the few friends to liberty, it is very difficult to obtain a know- ledge of their intentions or designs ; that he was informed, that lately, at a vendue at Rockaway, one Jacob Foster, who had a cockade in his hat, was much abused and ill treated because he was a whig ; that the cockade was taken out of his hat and trod on by one Joseph Beagle ; that he also heard that Jacob Hendrickson was abused and his hair pulled, because he was a whig; that he, the exa- minant, while he was at that vendue, and before he left it, saw Joseph Langdon there; that he appeared to be disaf- fected and active among the people ; that at a sheep part- ing lately in Hempstead, there was fresh lime punch plenty to be sold, and that it was sold in the pens by Ti- mothy Clowes, a tavernkeeper. "JOHN HENDRICKSON." Martin Beebe, the messenger who brought despatches from Kings district to Genl. Washington, was called in, sworn and examined, and his deposition follows, vizt: "New-York, ss. — Martin Beebe, of Kings district, in the county of Albany, farmer, being duly sworn on the Holv Evangelists, deposeth and saith, that he has acted as clerk of the committee of Kings district; that he is bound by oath not to mention the names of two persons JOURNAL OF THE PROVINCIAL CONGRESS. 455 who on oath gave the informations to sundry members of the committee of Kings district, which are contained in two papers now shewn to him, and of which he was the bearer to General Washington ; that the two persons who gave those informations are esteemed to be persons of ve- racity and to be believed ; that he has known them a con- siderable time ; that he is informed that the person mention- ed by the name of Brown is now a non-commissioned offi- cer in Capt. Vosburgh's company, in the Continental ser- vice, and that he, this deponent, has been informed that when the said company comes to action the said Brown is to take the command of that company ; that he has under- stood that the information that Brown was an officer in the 13ih regiment was obtained from McDonald the miner, who told it to George Hinsdale ; that Silas Howard is esteemed to be a tory ; that George Hinsdale is esteemed to be deceitful and inimical to his country ; that the last ac- count he heard of Brown was that he was gone to Johns Town ; that he has heard, and believes, that the said Brown has told the soldiers of Capt. Vosburgh's company that he should sometimes be gone, but they must not won- der at it; that he would sometimes be drunk, but they must not think strange of it ; that when they came into any engagement their captain would be missing, and they must follow him ; that Capt. Barret Dier has formerly been a committee man in Kings district ; that Samuel Messenger is reputed to be a tory ; that John Guernsey is a person who was sometime ago disarmed ; that the two persons who were examined on oath before part of the committee of Kings district, and whose names are con- cealed, were persons who had formerly been dealt with by the committee of Kings district, and had been laid under solemn obligations not to do anything against the liberties of this country, and to give information to the committee of any plot, conspiracy or mischief agreed or determined on against the country ; that the said two persons have since declared that the schemes and plans in agitation appeared so horrible that through compunction of conscience they came to the committee to give information of what they knew ; that they at the same time declared that unless their names were concealed they would not give information of what they did know ; and that the members of the commit- tee who were then present, and this examinant, were sworn to conceal their names before the said two persons gave the information contained in the two papers exhibited as their testimony. "MARTIN BEEBE." Die Lvnm, 5 ho. P. M. May 20th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Scott, Mr. Sands, Major Stoutenburg, Mr. Jacs. Van Zandt, Mr. Peter P. Van Zandt, Mr. E. Bancker, Capt. Denning, Mr. Van Cort- landt, Francis Lewis — For New-York. Mr. Glenn, Mr. Cuyler — Albany. Mr. Paul Schenk — Dutches. Mr. Little — Orange. Mr. Lawrence, Colo. Blackwell— Queens. Mr. Journey, Mr. Conner — Richmond. Mr. Webster — Charlotte. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Morris, Colo. Gilbt. Drake, Mr. Paulding, Major Lockwood— Westchester. Mr. Polhemius, Mr. Leffertse, Mr. Van Derbilt — Kings. Mr. Moore, Mr. Harper— Tryon. The President informed the Congress, at the request of Mr. Webster, that Colo. Malcom is returned a member of this Congress for Charlotte county, where he has respecta- ble freeholds, as appears by return of the members for that county, which has been read and filed, and that Mr. Web- ster desires that Mr. Malcom may lake his seat. It was objected by some members, that Mr. Malcom is not a resident in Charlotte county, and therefore ought not to be admitted to a seat. Debates arose thereon, and the question being put whe- ther Mr. Malcom shall be admitted to take his seat, it was determined in the affirmative in manner following, vizt : For the affirmative. For the negative. Suffolk 4 Kings, 2 New-York, 8 Tryon, 3 Richmond, 2 — Charlotte, 2 5 16 Westchester equally divided. Ordered therefore, That Mr. Malcom be admitted to take his seat, and that Mr. Webster inform Mr. Malcom that he will please to attend and take his seat. Mr. Stoutenburg with leave of the House withdrew. The Congress then resumed the business of the day, and proceeded to consider of the information contained in the papers received of General Washington, and the exa- minations of John Hendrickson and Martin Beebe. After some time spent therein, and some gentlemen having delivered their sentiments on the subject ; Ordered, That Mr. Schenk, Mr. Paulding and Mr. Lit- tle, be a committee to consider McDonald's reports about lead mines, and to report to this Congress their opinion, whether either and which of the said lead mines are worth pursuing, and that they report with all convenient speed. Ordered, That all the members of this Congress from the city and county of New-York, and the counties of Queens, Kings, Richmond and Westchester, do attend this Congress on Friday next. DIE MARTIS, 10 ho. a. m. May 2lst, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Presidt. Mr. Halletl, Mr. Bancker, Mr. Randall, Colo. Stoutenburgh, Mr. Pe- ter P. Van Zandt, Mr. Van Cortlandt, Mr. Alsop, Mr. Scott— for New- York. Colo. Blackwell, Capt. Lawrence— Queens. Major Webster, Colo. Malcom — Charlotte. Mr. Cuyler, Mr. Glen — For Albany. Mr. Paul Schenk— Dutchess. Mr. Little — Orange. Mr. Van Derbilt, Mr. Polhemus— Kings. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Colo. Gilbt. Drake, Mr. Paulding, Major Lockwood, Mr. Tomkins, Mr. Morris — Westchester. Mr. Journey, Mr. Conner — Richmond. Mr. Moore, Mr. Harper — Tryon. Mr. Randall, Colo. Malcom and Mr. Tompkins came in- to Congress as members, and each of them respectively were sworn, and took the general oath, as before written in the minutes on the 19th instant. Ordered, That Mr. Paul Schenk, of Dutchess county, have leave to return to his county to procure a representa- tion of his county to be sent to this Congress without de- lay, and that Mr. Schenk return to this Congress immedi- ately. Ordered, That Capt. Ezekiel Hyat and Capt. Corns. Steinrod, with their respective subalterns and companies, continue to be a part of Colonel McDougal's regiment, and that Captain Ambrose Horton, with his company, join Colonel McDougall's regiment, as a part thereof, until far- ther order. Ordered, That Capt. John Titus, in the township of Bushwick, Capt. Ferdinandus Sydam and Capt. Barent Johnson, in the township of Broecklyn, Capt. Cornelius Vanderveer, in the township of Flat Bush, Capt. Jeremiah Van Derbilt, in the township of Flat Lands, Capt. Aaron Van Brunt, in New Utright, and Capt. in Gravesand, be respectively authorized and requested, and they are hereby respectively requested, in the respective townships and districts in which they respectively reside, to proceed from house to house, through their respective 456 JOURNAL OF THE PROVINCIAL CONGRESS. districts, and purchase at the cheapest rate they can be ob- tained for ready money, all such good muskets and fire- locks, fit for the use of soldiers, as can be spared by the inhabitants of those townships. That those gentlemen, respectively, be requested not only to purchase as cheap as they reasonably can, but in no case to exceed the price of four pounds for any one gun, musket, or firelock. That those gentlemen, respectively, as soon as they can conveniently, send those arms to Colo. Cunenius, in New-York, and transmit the account of the arms so purchased to this Con- gress, or the auditors thereby appointed, that the same, to- gether with a reasonable reward for the trouble of purchas- ing them, may be paid. And Ordered, That Colonel McDougal be requested to send such proper officers or persons to assist the gentlemen above named in the purchase aforesaid as are acquainted with good arms. And it is hereby recommended to the inhabi- tants of the said townships to sell such muskets or firelocks as they can spare, retaining arms for their own use. Whereas it appears by the return from the county com- mittee and a number of respectable freeholders in Queens county, that Colo. Jacob Blackwell, Jonathan Lawrence, Cornelius Van Wyck, Waters Smith, Samuel Townshend, Esqr. James Townshend and Capt. John Williams, were elected Deputies to represent the said county in this Con- gress. And whereas only Colo. Blackwell and Mr. Law- rence have hitherto attended, whereby that county remains unrepresented : Therefore, Ordered, That Cornelius Van Wyck, Waters Smith, Samuel Townshend, Esqr. James Townshend and Capt. John Williams do respectively attend this Congress and take their seats, or show the cause of their neglect. Ordered, That Colo. Ritzema send such prudent officer as he shall think proper, to Westchester county, to apply to the chairman of the county committee and to the respec- tive sub-committees in that county for such good arms fit for soldiers' use, as they may have collected by disarming disaffected persons in that county ; and the respective com- mittees are hereby requested to deliver such of those arms as are fit for the army, to such officer, taking and preserv- ing his receipts for the same ; that the said committees, re- spectively, take care that all such arms be appraised, and an account of the value of each kept agreeable to the di- rections heretofore given for that purpose, and such officer as Colo. Ritzema shall send to collect those arms is hereby directed to deliver all such arms as he shall so receive, to Colo. Curtenius, that they may be repaired where it may be necessary. Ordered, That all the Deputies elected to represent Richmond county in this Congress, and named in the re- turn of their Deputies, made by the committee of that county, do attend this Congress and take their seats on Friday next, as important, business is designed for that day, or in default of such attendance, that the absent members, if any, return in writing the cause of their neglect. A letter from General Washington, dated this day, was received and read. He therein informs that the Continen- tal Congress has been pleased to request his attendance in Philadelphia ; that he is about to set out immediately ; that he had judged it. necessary to give Major-General Put- nam instructions for the regulation of his conduct in case the Congress came to any determination respecting the tories in the city of New-York and on Long island, and should have occasion for military assistance to carry their determination into execution, and that he had enclosed a copy of his said instructions. The instructions to Major-General Putnam, above men- tioned, were also read. He is therein informed of the mat- ters mentioned in the said letter, and required during Ge- neral Washington's absence to concert measures with Ge- neral Greene, and to afford every aid which this Congress or their secret committee may apply for. Die Martis, 4 ho. P. M. May 2\st, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Scott, Mr. Randall, Mr. Alsop, Mr. Bancker, Mr. P. Van Zandt, Mr. Hallett, Mr. Jacs. Van Zandt, Capt. Denning, Mr. Sands, Mr. Stou- lenburgh — For New-York. Mr. Cuyler, Mr. Glenn — For Albany. Major Lockwood, Colo. Gilbt. Drake, Mr. Tompkins, Mr. Morris— Westchester. Mr. Moore, Mr. Harper— Tryon. Mr. Webster— Charlotte. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Colo. Blackwell, Capt. Lawrence — Queen*. Mr. Polhemius, Mr. Van Derbill— Kings. Mr. Journey, Mr. Conner — Richmond. Mr. Alsop, from the committee appointed to consider of ways and means to prevent the dangers to which this Co- lony is exposed by its intestine enemies, brought in the re- port of the said committee, which he read in his place and then delivered in to the Chair, where the same was again read. Ordered, That the same be copied by the Secretaries before the House meets in the morning. Capt. Jonathan Clarke, late from the French West In- dies, and bound to some port to the eastward, attended, and was admitted. He informs that he has had the misfortune to have his vessel and cargo seized and taken by an armed tender near Block Point, below Sandy Hook ; that he has four men of his late crew with him ; that they depend on him for support, and that he is in want of a small sum of money to support them for the present. Ordered, That Peter Van Brugh Livingston, Esqr. Treasurer of this Congress, do advance to Capt. Jonathan Clarke twenty-five dollars, and take his receipt for the same. Notes of Capt. Jonathan Clark's intelligence, which he gave to the Congress, were taken on the rough short notes of the day, and are filed. A bond from Messrs. Lindlay Murray and Robert Mur- ray to Peter Van Brugh Livingston, Esqr. in the sum of two hundred pounds, with a condition thereunder written, that the said Lindlay Murray will erect works for the ma- nufacturing of salt in this Colony, and the repayment of the sum of £100 lent thereon, agreeable to the resolution of the late Provincial Congress on the 12th day of March last, was read. Thereupon, Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer of this Congress, advance to Mr. Lindlay Mur- ray the sum of one hundred pounds, on receipt of the said bond, and take Mr. Lindlay Murray's receipt for the same. The Congress reassumed the consideration of the report of the said committee, on the ways and means to prevent the danger to which this Colony is exposed by its intestine enemies; the same was again read, paragraph by paragraph, and on reading the second paragraph thereof, Mr. Sands moved, and was seconded, that Richmond county be in- serted amongst the names of the counties, in the second clause. Debates arose on the said motion, and the ques- tion being put thereon, it was carried in the affirmative, in manner following, to wit: For the affirmative. For the negative. New-York, 8 Kings, 2 Charlotte, 2 Richmond, 2 Suffolk 4 — Westchester, 4 4 Tryon, 3 21 Ordered,, therefore, That Richmond county be inserted. On reading the blank paragraph of the said report, Mr. Scott moved, and was seconded, that the oath therein men- tioned be extended to all such as refused to sign the asso- ciation. Debates arose thereon, and the question being JOURNAL OF THE PROVINCIAL CONGRESS. 457 put, it was carried in the affirmative, by every county pre- sent. Mr. Morris dissented, from Westchester county. DIE MERCURII, 9 ho. a. m. May 22nd, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General WoodhuJl, President. Mr. Alsop, Major Stoulenburgh, Mr. Evert Bancker, Mr. Sands, Mr. Scott, Mr. Randall, Mr. Lewis— For New-York. Colo. Glenn, Capt. Cuyler— Albany. Mr. Morris, Colo. Drake, Mr. Tompkins, Mr. Haviland, Mr. Paulding — Westchester. Mr. Van Derbilt, Mr. Polhemius— Kings. Mr. Moore, Mr. Harper — Tryon. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Haring, Mr. Little — Orange. Mr. Lawrence — Queens. Mr. Journey, Mr. Conner — Richmond. Mr. Webster— Charlotte. Ordered, That Mr. Richard Norwood, Commissary of Colony stores, from time to time deliver to Colonel Curte- nius, or his order, for the use of the Continental troops raised in this Colony, as many pouches and belts, bayonet belts and gun slings, as Colonel Curtenius shall order and direct. That Mr. Norwood, from time to time, take re- ceipts for such parcels as he may from time to time deliver. A. letter from Doctor John Hill, dated at Albany the 1 2th instant, was read and filed. He thereby requests that he may be appointed surgeon to Colonel Clinton's regiment. Mr. Haviland of Westchester county, and Mr. Haring of Orange county, respectively attended as members to take their seats ; and each of them respectively was duly sworn, and took the general oath of secrecy, in the words following, to wit : " I do solemnly swear on the Holy Evangelists of Al- mighty God, that I will at all times keep secret all such matters and things as shall at any time be given in charge from the Chair by order of this Congress to be kept secret, until leave shall be given from the Chair, by order of this Congress, to reveal the same." Ordered, That Mr. Cuyler and Colo. Gilbt. Drake, be a committee to take into consideration the charge against Joseph Blanchard, (a prisoner on his parol,) for having kept a communication with some person on board of either one of the ships of war, or the ship on board of which Gover- nor Tryon resides, contrary to the regulations established for that purpose. That the said committee have power to send for and examine persons and papers, and that they make report by what persons and by what means such com- munication has been kept open, and such olher matters re- lative thereto as the said committee may think necessary or proper. The Secretaries, agreeable to directions given yesterday evening, brought this morning a fair copy of the report of the committee appointed to consider of ways and means to prevent the dangers to which this Colony is exposed by its intestine enemies. The same was taken into consideration and read, and some amendments made in some parts thereof. Mr Lewis brought into Congress some papers which he said [he] received from General Putman, and in some mea- sure relate to the matters now in consideration. The same were read. The first was an affidavit of Silas Howard, dated the 16th day of May instant, and taken before James Gals, chairman of the committee of Berkshire county in the Co- lony of Massachusetts Bay. The second is a very long affidavit of a person whose name is concealed, taken on the 18th dav of May instant, before Valentine Rathbon, chair- man of the convention of eleven committees. The Congress then proceeded in the farther considera- tion of the report last above mentioned, and on reading the 115 section thereof, relative to taking hostages of the inhabitants of certain parts of Queens county, for their fu- ture peaceable behaviour, a motion was made and seconded that that part of the said report be struck out. Debates arose on the said motion, and the question being put there- on, it was carried in the affirmative, in manner following, to wit : For the negative. Westchester, 4 Tryon,... 3 For the affirmative. Kings, 2 Orange, 3 Richmond, 2 New-York 8 7 Charlotte, 2 Suffolk 4 21 Ordered, therefore, That the said clause for taking hostages, be struck out. The said report being read through, and sundry amend- ments made therein, Mr. Morris ihen moved and was se- conded, that the whole of the said report be recommitted. Debates arose on the said motion, and the question being put thereon, it was carried in the negative, in manner fol- lowing, to wit : For the negative. Suffolk 4 Charlotte, 2 New- York, 8 Tryon, 3 For the affirmative. Westchester, 4 Kings, 2 Richmond, 2 8 17 Orange equally divided. Therefore, the said motion was rejected. Francis Lewis, Esquire, informed this Congress that William Hawxhurst is employed by contract in making anchors for the Continental navy, in which business he cannot proceed wilhout a small supply of gunpowder, and therefore he applied for 100 weight of gunpowder, for William Hawxhurst, for the use of the iron works, to be paid for in cash. Ordered, That Mr. Richard Norwood, commissary of Colony stores, deliver to Mr. William Hawxhurst one hun- dred weight of gunpowder, at the price of thirty pounds, on receiving the ready money for the said hundred weight of gunpowder, and that the said Richard Norwood, pay the said sum of thirty pounds to Peter Van Brugh Livingston, Esquire, as Treasurer of this Congress, and take a receipt for the same. A member suggested to the Congress that Mr. Abraham Livingston is very anxious to have his late contract for vic- tualling the troops in this Colony settled ; that no step has been taken in pursuance of his letter of the 9th instant to the late Congress of this Colony, and that Mr. Livingston is ready to submit to a committee of this Congress to be appointed for that purpose, whether any and what compen- sation shall be made him for his damages by the loss of that contract. Ordered, That the auditors of pay table committee be a committee to take into consideration whether any, and what, allowance shall be made to Mr. Livingston, in lieu of that contract, and to adjust and audit his accounts and make a final settlement with him for the same. Die Mercurii, 4 ho. P. M. May 22d, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Bancker, Mr. Scott, Mr. Hallett, Mr. Sands, Mr. Alsop, Mr. Lewis— For New-York. Mr. Lawrence — Queens. Mr. Moore, Mr. Harpur — Tryon. Mr. Cuyler, Mr. Glen — Albany. Mr. Morris, Mr. Haviland, Mr. Tomkins, Colo. Drake— Westchester . Mr. Polhemius — Kings. Mr. Webster, Colo. Malcom — Charlotte. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Haring, Mr. Little — Orange. Mr. Conner, Mr. Journey — Richmond. 458 JOURNAL OF THE PROVINCIAL CONGRESS. Mr. Stoutenbergh from the committee appointed to con- sider of and report the most expedient and effectual method of obtaining a true and impartial account of the number of inhabitants within ihis Colony, reported that a letter be writ- ten for that purpose to the county committee of each re- spective county in this Colony, in the words following, to wit : "In Provincial Congress, ? "New-York, May 22d, 1776. $ " Gent. — In pursuance of an order of the Honourable Continental Congress for ascertaining the number of inha- bitants in this Colony, you are hereby requested to appoint such persons in your county as you shall think proper, to ascertain the number of inhabitants within your county, distinguishing the sex and age, agreeable to the enclosed form, which is to be laid before this Congress, or in their recess, before the Committee of Safety, with all conveni- ent speed, upon oath of the person or persons employed in taking the same, agreeable to the following form, vizt : " 'I, A. B. do swear that the aforegoing list contains a true and faithful account of the number of inhabitants within the district of in the county of in the Colony of New-York, according to the best information that I have been able to obtain, by applying at each dwelling house, and by all other ways and means in my power within the said dis- trict.' " I am, gentlemen, your very humble servant, " By order." The form of a return of inhabitants referred to in the above letter, is as follows, vizt : Names of the heads of families. Males. Females. Negroes. Male & female Above 50 years of age. Above 16 years of age and under 50 Under 16 years of age. Above 16 years of age. Under 16 years of age. Above 16 years of age. Under 16 years of age. Ordered, That the Secretaries prepare a number of co- pies of the said letter, which was unanimously agreed to, and a number of copies of the said form of a return of in- habitants ; that the President sign the said letters, and that one of them be directed to the county committee of each respective county in this Colony. The Congress were informed that Asa Douglass, who came to General Washington with the deposition of Silas Howard, and the other papers which were laid before this Congress this morning, has some material intelligence to communicate to this Congress, they directed him to be brought in. The said Asa Douglass signified to the Pre- sident that he has material matters to mention, but could more freely confer to the committee of the House appoint- ed for that purpose. Thereupon, Ordered, That Mr. Morris and Mr. Cuyler be a com- mittee to examine Captain Asa Douglass, and to report to this Congress the information that they may obtain from him. Mr. Randall informed the Congress that Colo. Curte- nius has four muskets of a particular kind, unfit for soldiers' use, which would be very useful and necessary on board of the private vessel of war named Putnam. Ordered, That Colonel Curlenius deliver to Thomas Randall, Esquire, or his order, four muskets, such as Mr. Randall may choose for the use of the armed schooner Putnam. Mr. Morris reported that Mr. Cuyler and himself had heard Captn. Douglass ; that Captain Asa Douglass says in substance, that great weight is to be given to those affi- davits which he brought from Kings district, though the names of the witnesses are concealed ; that he and ano- ther person, by talking to a neighbour of his who had long been suspected to be unfriendly, they impressed on him a religious dread of his conduct, and obtained from him some information which afforded a clue, and they pursued it farther ; that Silas Howard was afraid to go home after he was sworn, and that at his request the committee had sent him to Hartford ; that he, Douglass, believed General Schuyler innocent of what is alleged against him, but that through a bad opinion of the General, the people in his Colony, (Massachusetts Bay,) will not enlist ; that Gene- ral Schuyler ought not to be trusted, lest he should deceive the country ; and finally, that if this Congress will give him, the said Asa Douglass, an order, he will march ten thousand men to Albany in a few days to obey the com- mand of this Congress. And that this is the burthen of his song. DIE JOVIS, 9 ho. a. m. May 23d, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Sands, Mr. Scott, Mr. Alsop, Mr. Bancker, Mr. Randall, Mr. Beekman — For New-York. Mr. Lawrence — Queens. Colo. Cuyler, Capt. Glenn — For Albany. Colo. Gilbt. Drake, Mr. Paulding, Mr. Tomkins, Mr. Haviland, Mr. Morris — Westchester. Mr. Polhemus, Mr. Leffertse — Kings. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Haring, Mr. Little— Orange. Mr. Conner, Mr. Journey — Richmond. Mr. Moore, Mr. Harper— Tryon. Mr. Webster, Colo. Malcom — Charlotte. General Putnam, attending, was admitted. He produc- ed a letter from General Washington, containing extracts of a letter from Major-Genl. Schuyler, requesting intrench- ing tools, rigging, sail cloth and sailmakers, and lead, de- siring General Putnam to request the aid of this Congress to procure those articles, or spare any of those articles, if they have them in store. General Putnam was informed that sail cloth, rigging and blocks have lately been sent up, in pursuance of a re- quest of General Schuyler, of which he shall be furnished with a particular account. Ordered, That Mr. McKesson call on Colo. Curtenius, and obtain a copy of the particulars of sail cloth and rig- ging lately sent to Albany, and acquaint the General there- with. That he inform himself as to lead, duck and in- trenching tools to be obtained in this city, and acquaint the General with the information he may obtain. Mr. John Lloyd, Junr. delivered to the President an in- ventory and appraisement of the real and personal estate of Henry Lloyd, late of Boston, subscribed by Samuel Town- shend and Zebulon Williams, Esquires, and the said John Lloyd, Junr. which was read and filed. It thereby appears that the said personal estate amounts to the valueof £203 2s. ]Qd. and that the said real estate is appraised at £3,000. The said John Lloyd, Junr. requests the direction of this Congress to take the care and management of the said estate. Ordered, That Mr. John Lloyd, Junr. do remain in pos- session of the estate at Queens village, belonging to Henry Lloyd, Esqr. to improve the same to the best ad- vantage, and to render an account thereof to this, or some future Congress, when called upon. Die Jovis, 4 ho. P. M. May 23d, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. JOURNAL OF THE PROVINCIAL CONGRESS. 459 Mr. Scott, Colo. Brasher, Mr. Randall, Mr. Alsop, Mr. Bancker, Mr. Sands, Mr. Beekman, Mr. Hallelt — For New-York. Mr. Lawrence, Mr. Smith— Queens. Mr. Moore, Mr. Harper — Tryon. Mr. Cuyler, Mr. Glenn — llbany. Mr. Paulding, Mr. Tompkins, Mr. Haviland, Mr. Morris— Westches- ter. Mr. Leffertse, Mr. Polhemius— Kings. Colo. Malcom, Major Webster — Charlotte. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Haring, Mr. Little — Orange. Mr. Conner, Mr. Journey — Richmond. Col. Abraham Brasher, of New- York, and Mr. Waters Smith, from Queens county, respectively attended as mem- bers, to take their seats, and each of them was duly sworn and took the general oath of secrecy, in the words and agreeable to the order of the l ( Jth instant. DIE VENERIS, 9 ho. a. m. May 24th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. Mr. Alsop, Mr. Hallett, Colo. Broome, Mr. Randall, Mr. Sands, Mr. Bancker, Capt. Denning, Mr. Scott, Colo. Remsen, Capt. Rutgers, Mr. Van Cortlandt— iVcw- York. Mr. Moore, Mr. Harper — Tryon. Colo. Cuyler, Capt. Glenn — Jllbany. Colo. Gil. Drake, Mr. Morris, Mr. Paulding, Mr. Tompkins, Mr. Haviland — Westchester. Mr. Lawrence, Mr. Wat. Smith, Colo. Blackwell — Queens. Mr. Journey, Mr. Conner, Colo. Cortelyou — Richmond. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Haring, Mr. Little — Orange. Mr. Polhemius, Mr. Jno. Van Derbilt, Mr. Jeremiah Van Derbilt— Kings. Colo. T>!alcom, Mr. Webster — Charlotte. A letter from General Putnam, dated this day, was read. He thereby informs that His Excellency Genl. Washing- ton, was much pleased with the exertions of this Congress to prevent the small pox in the army, and had issued ge- neral orders similar to the resolves of the Congress; not- withstanding which a certain Doctor Betls has had the as- surance to inoculate a number of people ; he thereby re- quests some immediate exertion on this matter, and offers any aid in his power, and by a postcript thereto, informs that Doctor Foster is an evidence to the above. Ordered, That the said letter be sent and referred to the general committee of the city of New-York, who are re- quested to examine into the matter with all possible de- spatch ; to examine the said Betls and the said witness above named, and any other witnesses that they may know of or can obtain on that matter ; that if they find the charge proved against the said Belts, that they immediately cause him to be sent to jail ; and that the said committee be far- ther requested to report thereon to this Congress. The Congress were informed that Colo. Rilzema has many arms which have been collected for his regiment, which want repairs ; that he has armourers in the regiment which could repair those arms if they were supplied with tools for the purpose. Ordered, That Colo. Curtenius procure and deliver to Colo. Ritzema, or his order, such armourer's tools as he may require, for the purpose of employing some of the men of his regiment in repairing such of the arms of the said regiment as may be out of repair. The report of the committee for that purpose, on the danger to which this Colony is exposed from the intestine enemies, and the ways and means necessary to be taken to guard against those dangers being fail ly copied, agreeable to the directions given to the Secretaries yesterday even- ing, the same was signed by John Alsop, Esqr. their chairman, read and approved of, and is as follows, vizt : " Your committee do report : That there is great reason to believe that the enemies of American liberty have a ge- neral communication with each other through this and part of the neighbouring Colonies, by reason whereof the influence of the British government is much extended and the minds of the people poisoned by false reports and sug- gestions. " That many ill disposed people have lately resorted unto, and a great number dwell in, the southern and eastern parts of Queens county ; that there are also several ill dis- posed persons in the city and county of New-York, and in Kings county, and in sundry other parts of this Colony, many of whom will most probably take up arms on the part of our foes, whenever they shall see a prospect of suc- cess. " That from the various reports and the best intelligence which can be obtained from Europe, as also from the po- sitive assertions of the disaffected throughout this and the neighbouring Colonies, and from such of their measures as have come to the knowledge of your committee, there is no room to doubt that a large hostile armament will soon arrive in this Colony. " That the greater part of those who now hold offices and commissions under the Crown, and many others who are generally reputed inimical to American liberty, will be liable to suffer injuries from the resentment of the people, and the Colony in general exposed to great danger from the active exertions of those among us who are determined to assist in the subjection of America. " Your committee are therefore of opinion, that as well out of regard to the safety of individuals, as for the gene- ral welfare of America, it is highly and indispensably ne- cessary to take speedy and effectual measures to prevent the hostile intentions of our foes, to stop the channels of intelligence and communication among the disaffected, and to quell the spirit of opposition which hath hitherto pre- vailed. " Your committee do propose, that for these purposes the following persons be apprehended by the assistance of the Continental troops, now stationed in and near this city, to wit : [Names not entered on the minutes.] " That a committee be appointed to confer with the Commander-in-Chief, now here, upon the subject of ap- prehending the persons above named, and to superintend the taking of them. That upon and after the apprehension of the said persons, such of ihem as shall give good and sufficient security on oath, and otherwise as the said com- mittee shall think proper, that they will not be concerned in any measures taken, or to be taken, against the United American Colonies, or any or either of them, and that they will discover all measures taken or to be taken against the said Colonies, or any or either of them, as far as the same shall come to their knowledge, respectively be permitted to go at large ; and that as to such persons as shall refuse such security, it shall be in the discretion of the said committee to admit on their parol of honour, to be given to ihe said com- mittee or to the Continental Congress, as many of the said persons as may, in the judgment of the said committee, safely be trusted on their said parol, to reside in some part of one of the neighbouring Colonies, such as shall be chosen by the said respective persons, and approved of by the said com- mittee ; and that all such persons as in the opinion of the said committee cannot safely be trusted on their said parol, or if to be trusted shall refuse to give such parol, shall be report- ed to this Congress, to be severally dealt with as this Con- gress shall think proper. " That it be recommended to all the general county com- mittees in the several counties in this Colony, to apprehend all persons holding military commissions under the King of Great Britain, and also all such persons holding civil offices under the said King, or being possessed of influence in their respective counties, as are suspected of holding principles inimical to the said United Colonies ; and after they shall 460 JOURNAL OF THE PROVINCIAL CONGRESS. have been apprehended, to deal with them in such manner as is prescribed for the conduct of the committee above named. " All which is, nevertheless, most humbly submitted. "JOHN ALSOP, Chairman:' Col. John Broome and Mr. Anthony Rutgers of New- York, Mr. Jeremiah Van Derbilt from Kings county, and Col. Aaron Cortelyou of Richmond county, attending to take their seals, were duly sworn, and severally look the oath of secrecy, agreeable to the resolution of the 19th inst. The order of the day being read, the Congress proceeded to take into consideration the resolution of the Continental Congress of the 1 5ih of May instant, on the subject of com- posing and erecting some form of government. Mr. Morris opened the business by a long argument, shewing the necessity of the measure, and that this is the crisis in which it should be done, and concluded with a motion, and was seconded by Mr. Webster, in the words following, to wit : I move that a committee be appointed to draw up a re- commendation to the people of this Colony, for the choos- ing of persons to frame a government for the said Colony. Mr. Scott, who came in when Mr. Morris was speaking, opposed the motion in a long argument, and concluded, that he is of opinion this Congress has power to form a government, or at least, that it is doubtful whether they have not that power, and that therefore, in his opinion, that point ought to be reserved, and a committee appointed to consider of and report on that matter. Thereupon, Mr. Sands moved, and was seconded by Mr. Scott, for the following amendment to Mr. Morris's motion, to wit : I move that the words therein following after the word appointed, be obliterated, and the following words there inserted, vizt : " to take into consideration the reso- lutions of Continental Congress of the 15th May instant, and report thereon with all convenient speed." Debates arose on the said proposed amendment. Mr. Morris supported his motion in a long argument in opposi- tion to the said proposed amendment. The question being then put on Mr. Sands's motion, it was carried in the affirmative, in manner following, to wit : For the affirmative. For the negative. Orange, 3 Kings, 2 New-York, 8 Richmond, 2 Charlotte, 2 — Tryon 3 4 Suffolk, 4 Westchester, 4 Mr. Morris dissented. Queens, 4 28 The Congress then proceeded to nominate and appoint a committee for the purpose before mentioned. There- upon, Resolved, That Mr. Scott, Mr. Haring, Colo. Remsen, Mr. Lewis, Mr. Jay, Mr. Cuyler and Colo. Broome, be a committee to take into consideration the resolutions of Con- tinental Congress of the 15th May instant, and that the said committee report thereon with all convenient speed. As Colonel Remsen is appointed one of the committee to report on the stations of the neighbouring regiments of militia in case of any invasion or alarm, as requested by General Washington's letter of the 17th instant, which might interfere with his attendance on the committee above appointed, Ordered, That he be discharged from the committee re- lating to the militia, and that Colo. Malcom be added to that committee in his stead. A letter from General Putnam was received, read and filed. He therein mentions that an old house very [much] endangers the great laboratory in the new bridewell near the Green ; that Colonel Knox is very desirous to take it away ; that as it is in a ruinous condition, there is no in- ducement to keep it standing. Ordered, That Mr. McKesson inform the General that the magistrates have given orders to remove the paupers out of that house without delay, and given permission to Colonel Knox to have it removed as soon as it is evacuated. DIE SABBATI, 9 ho. a. m. May 25th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Colo. Broome, Mr. Sands, Mr. Jay, Mr. Jacs. Van Zandt, Mr. Ran- dall, Mr. Bancker, Colo. Remsen, Mr. Scott — For New-York. Mr. Conner, Mr. Journey, Mr. Cortelyou — Richmond. Mr. Cuyler, Mr. Glenn — Hbany. Major Parks, Mr. Contine, Colo. Hasbrouck, Mr. Brewster— Ulster. Mr. Haring, Mr. Little — Orange. Mr. Polhemius, Mr. Leffertse, Capt. Jer. Van .Derbilt — Kings. Mr. Moore, Mr. Harper — Tryon. Mr. Wickham, Mr. Gelston, Genl. Woodhull— Suffolk. Mr. Morris, Mr. Paulding, Mr. Tompkins, Mr. Haviland — Westches- ter. Mr. Wat. Smith, Colo. Blackwell, Capt. Lawrence— Queens. Colo. Malcom, Mr. Webster — Charlotte. Mathew Contine, Esqr. appeared and produced the cre- dentials of the Deputies chosen to represent the county of Ulster in Provincial Congress, dated at New-Paltz, April 16th, 1776, and signed by Johannes Hardenbergh, chair- man of the committee of the said county. Whereby it ap- pears that Colo. Charles Dewitt, Colo. Abraham Hasbrouck, Colo. Johannis Snyder, Matthew Contine, Esqr. Matthew Rhea, Esqr. Mr. Arthur Parks, Henry Wisner, Junr. Esqr. and Saml. Brewster, Esqr. were duly elected to represent the said county in Provincial Congress, with power, in con- junction with the other counties, to elect Delegates for this Colony in Continental Congress, and a recommendation to them to nominate George Clinton, Esqr. as one of the said Delegates. Colo. Abraham Hasbrouck also appeared and produced another credential from the same county, of the same date, and signed by Johannis Hardenbergh, chairman of the said county committee ; whereby it appears that the same gen- tlemen were duly elected to represent the said county in Provincial Congress ; and that any two of them be a quo- rum, reserving to the people of the county at large the right of choosing a Delegate for the Continental Congress. The said credentials were respectively read, and the question being put whether those gentlemen shall take their seats : Agreed, That those gentlemen (as well as any other of the gentlemen in the said credentials named,) take their seats. And, Ordered, That a letter be wrote, enclosing copies of the said credentials to the chairman and members of the com- mittee of Ulster county, requesting of them to transmit to this Congress, without delay, a true state of the proceedings of the said committee relative to the election of Deputies for the said county ; and further, that they inform the Con- gress of the reasons for sending two sets of credentials contradictory to each other, with respect to the subject of appointing Delegates for the Continental Congress. Mr. Sands reported that he had spoke with Colo. Cur- tenius on the subject of contracting to supply Capt. Hamil- ton's artillery company with provisions ; that Colo. Curte- nius refused entering into contract himself, as he could not attend the business, his time being altogether taken up with other public business, but that Cornelius Roosevelt and Wessel Wessels were willing to contract for supplying the said company with provisions, at the rate of lO^d. per ra- tion, and that Colo. Curtenius would become surety for their true and faithful performance of the same. Ordered, That Mr. Sands be authorized to make the said contract with those gentlemen, on the terms they have offered. JOURNAL OF THE PROVINCIAL CONGRESS. 461 A return of officers of a minute company at Newburgh, in Ulster county, whereby it appears that the following persons were elected : Uriah Drake, capt. ; Jacob Law- rence, first lieut. ; William Ervin, 2d lieut. ; and Thomas Dun, ensign, was read and filed. Ordered, That the issuing commissions be delayed till the report of the committee on Genl. Washington's two letters be taken into consideration. Messrs. John Berrien and Robt. Harpur, two of the members of the general committee of the city and county of New- York, attending, were admitted. They delivered in the report of the said committee on the case of Azor Betts, charged with having inoculated persons for the small pox ; whereby it appears that Doctor Betts has, by the re- peated applications of the officers of the Continental army, inoculated some of them, particularly Colo. Molton, Capt. Parkes, Doctor Hart and Lieut. Brown ; and that the said committee has committed the said Azor Betts in close cus- tody in jail, until he be released by order of this Congress. Messrs. Berrien and Harper farther inform that the wife of Azor Beits, on her examination, says, that Lieutenant Seymour, from Long island, had informed her that seven persons of the army, (officers as she understood,) on Long island were taking mercurial preparations, and as he, the said Seymour supposed, were inoculated, or preparing to be inoculated with the small pox. Ordered, That the Secretaries prepare a copy of the said report of the general committee, to be delivered to Major-General Putnam, that he may give such directions to the Continental army for preventing the small pox among them on Long island as he may think necessary, Messrs. Berrian and Harper also informed the Congress that William Newton, of this city, has been charged and convicted, before the general committee of New-York, of violating a resolution of the Continental Congress, in re- fusing to receive in payment the Continental paper money ; that the said Newton has since consented to receive the said money in payment. The general committee therefore request the advice and opinion of this Congress on a doubt which hath arisen in the said committee, to wit: Whether the said Newton ought, (notwithstanding his present willing- ness to receive the said money,) to be held up to the pub- lic as an enemy to this country. The said committee were informed, as the opinion of this Congress, that it would be most prudent not to hold the said Newton up to the public as an enemy to this coun- try, provided he receives the said money without interest from the day on which the same was tendered to him in payment. The same gentlemen also delivered in a certified copy of the proceedings of the said committee against Mr. An- drew Gautier, Junr. charged and convicted by the said committee of violating the resolution of Continental Congress, in refusing to receive in payment the Con- tinental paper emission. That the said committee had resolved to hold Mr. Gautier up to the public as an enemy to his country, unless he appealed to the Congress; that Mr. Gautier had been sent for, and attended the com- mittee, and made acquainted with their determination, whereupon the said Mr. Gautier informed the said com- mittee that he would appeal from the decision of their body to that of the Honourable the Provincial Congress. There- upon, Ordered, That Mr. Andrew Gautier, Junr. appear be- fore this Congress on Wednesday next, at 10 o'clock in the forenoon, to support his appeal from the determination of the general committee of this city, on the charge exhi- bited against him in violating the resolution of Continental Congress, by refusing to receive in payment the paper cur- rency emitted by the said Congress. Several members of this Congress, now present, having not yet taken an oath of secrecy as to such matters as may 116 be charged from the Chair to be kept secret, they were requested to be sworn. Thereupon Mr. Jay, Major Parks, Mr. Contine, Colo. Hasbrouck and Mr. Brewster, came up to the Chair, and were respectively sworn, in the words following, to wit : " I, do solemnly swear, on the Holy Evan- gelists, that I will keep secret all such matters and things as shall by order of this Congress be given in charge from the Chair to be kept secret, until leave shall be given from the Chair, by order of this or some future Congress or Le- gislature of this Colony, to reveal the same." The report of the committee on the dangers to which this Colony is exposed by its intestine enemies, which was approved of, and agreed to by this Congress yesterday, was again read. Ordered, That Mr. Scott, Mr. Morris, Mr. Jay, Mr. Haring and Colo. Remsen, be a committee to frame a law of this Congress, in pursuance of, and according to the spirit and intention of the resolutions contained and agreed to in that report. And Ordered, That the said committee report with all con- venient speed. The report of the committee appointed to take into con- sideration General Washington's tv/o letters, on the sub- ject of appointing the stations and places of rendezvous of the militia, was read. Ordered, That the consideration thereof be postponed till Tuesday next. Ordered, That Colonel Remsen, Colo. Malcom, Colonel Broome, Colonel Blackwell, Captain Wickham, Mr. Cor- telyou and Mr. Scott, be a committee to lake into conside- ration the state of the militia of this Colony, and proper dispositions of the same, and that they report with all con- venient speed. A letter from the committee of Kingston, dated the 22d instant, signed by William Elsworth, chairman, enclosing ihe examinations of James and Lemuel Monger, charged with counterfeiting and passing bills of credit of the Conti- nental emission, and the emissions of this Congress, and of the Colony of Connecticut; that said Mongers are in Kingston jail, and the committee request the advice of this Congress in the premises. They also mention that God- frey Hains, heretofore sent to said jail, had made his es- cape. Ordered, That those examinations remain, until the case of the money makers, now confined in New-York, be re- sumed. The petition of Israel and Isaac Youngs, praying to be discharged or admitted to bail, was read. Ordered, That the said petition lie on the table. Col. Henry Remsen, from the committee to consider of the resolutions of the Continental Congress, of the 15th of May, for forming a government, delivered in a report, which was read. Ordered, 'I hat the consideration thereof be deferred un- til Monday morning, to be then taken up. Mr. Morris had leave of absence until Monday morning. Mr. Jay the like ; their counties being represented without them. Mr. Conner moved, and was seconded, that this Con- gress do adjourn until Monday next. For to-morrow. For Monday. Suffolk,. . 4 Richmond, ? Westchester, 4 Kings, % New-York, 8 Queens, 4 Ulster, 4 — Orange, 3 8 Charlotte, 2 Tryon, 3 28 The Deputies from Richmond and Queens counties ask- ed for, and obtained leave of absence until 9 o'clock on Monday morning. 462 JOURNAL OF THE PROVINCIAL CONGRESS. DIE SOLIS, 9 ho. a. M. May 26th, 1776. Present — Mr. Randall, Colo. Broome, Colo. Remsen, Mr. Bancker —New- York. Mr. Polhemius— Kings. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Tompkins, Mr. Paulding, Mr. Haviland — Westchester. Mr. Moore, Mr. Harper— Tryon. Colo. Hasbrouck, Mr. Cantine, Mr. Brewster, Major Parkes— Ulster. Mr. Haring— Orange. Mr. Webster, Colo. Malcom— Charlotte. A letter from Captain Alexander Hamilton, dated this day, requesting for his company the pay of the Continen- tal artillery, the bounty of frocks and some expenses of his officers in recruiting, was read and filed. Thereupon, Resolved, That the artillery company of the said Cap- tain Hamilton be allowed the same pay as the Continental artillery, and that the said Captain Hamilton receive 10s. for every man he has or shall enlist, not exceeding 100 men, and that each of the men of said company be allow- ed a frock as a bounty. DIE LUNtE, 9 ho. a. m. May 27th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Presidt. Colo. Jay, Colo Remsen, Colo. Broome, Mr. Randall, Capt. Den- ning, Colo. Brasher, Mr. Scott, Mr. Alsop, Mr. Lewis — For New-York. Mr. Haring, Mr. Little — Orange. Mr. Cuyler, Mr. Glen— Albany. Colo. Hasbrouck, Mr. Brewster, Mr. Contine, Major Parks— Ulster. Mr. Moore, Mr. Harper— Tryon. Genl. Woodhull, Mr. Gelston, Mr. Wickham— Suffolk. Mr. Paulding, Mr. Haviland, Mr. Tomkins — Westchester. Mr. Covenhoven, Mr. Jerh. Van Derbilt— Kings. Colo. Malcom, Mr. Webster— Charlotte. Colo. Remsen represented to the Congress that many persons were confined by order of this and the former Congress and Committee of Safety, and the necessity of appointing a standing committee to examine and discharge such of them as shall appear to be innocent of the charges alleged against them. Thereupon, Ordered, That Colo. Broome, Mr. Cuyler, Colo. Rem- sen, Colo. Malcom, Colo. Brasher, or any three of them, be a standing committee to take examinations of and try all such persons as are taken into custody and confined by order of ihis or any former Congress, or Committee of Safety of this Colony ; as also all such persons as shall hereafter be taken into custody by order of this Congress, or their Committee of Safety, (excepting those already committed on suspicion of counterfeiting paper currency ;) that the said committee have power to call in and examine witnesses and papers for that purpose. And farther, that the said commitlee be and they are hereby authorized to dis- charge all such prisoners as shall, on full inquiry, appear to the said commitlee [to] be innocent of the charges alleged against them respectively. The said committee to keep a record of their proceedings in the premises, and to recom- mit all such of the said prisoners as they shall find guilty, and report them, with their crimes, and the substance of the evidence that shall have been given for and against them. A letter from General Putnam relating to Amos Bull and some other prisoners who had been taken by one of the military guards, was read ; a memorandum enclosed in the said letter was also read. The said memorandum con- tains the names of sundry witnesses against John Beck and Mary his wife, on a charge of attempting to supply provisions to the ships of war, and refers to pans of a let- ter in custody of one of the Secretaries ; and also contains a memorandum that a Frenchman known by the name of Doct. Du Buke, had been taking notes on the batteries and. fort with a pencil. Ordered, That Mr. McKesson wait personally on the ge- neral committee of this city, now sitting, and deliver to them General Putnam's letter, and all the other papers in his custody, relalive thereto, and give them such other in- formation on that subject as he may have obtained, that the said general committee may proceed thereon. It was suggested to the Congress that some gentlemen are of opinion that it would be advantageous for the defence of this Colony to impede the navigation between Redhook, on Nassau island, and Bedlow's island, if the same can be done. Therefore, Ordered, That Colo. Malcom and Capt. Daniel Shaw, and such persons as they shall think proper to take to their assistance for the purpose, be and they are hereby authorized to sound the depth of the water between Red Hook, on Nassau island, and Bedlow's island, and make report of their doings to this Congress ; and that they apply to the Com- mander-in-Chief of the Continental troops in this Colony for permission to perform the said service without inter- ruption or molestation from the troops on board. Mr. Covenhoven was duly sworn and took the usual oath of secrecy. The order of the day being read, the Congress proceed- ed to hear the report of the committee on the resolution of the Continental Congress of the (15th May,) relating to a new form of government ; the same was read, and being again read by paragraphs, is in the words following, to wit : " That your committee are of opinion that the right of framing, creating, or new modeling civil government, is, and ought to be, in the people. " 2dly. That as the present form of government, by Con- gress and Committees in this Colony, originated from, so it depends on, the free and uncontrolled choice of the in- habitants thereof. " 3dly. That the said form of government was instituted while the old form of government still subsisted, and there- fore is necessarily subject to many defects which could not then be remedied by any new institutions. "4thly. That by the voluntary abdication of the late Governor Tryon, the dissolution of our Assembly for want of due prorogation, and the open and unwarrantable hosti- lities committed against the persons and property of the in- habitants of all the United Colonies in North America by the British fleets and armies, under the authority and by the express direction and appointment of the King, Lords and Commons of Great Britain, the said old form of go- vernment is become, ipso facto, dissolved ; whereby it hath become absolutely necessary for the good people of this Colony to institute a new and regular form of internal go- vernment and police. The supreme legislative and execu- tive power in which should, for the present, wholly reside and be within this Colony, in exclusion of all foreign and external power, authority, dominion, jurisdiction and pre- eminence whatsoever. " 5lhly. That doubts have arisen, whether this Congress are invested with sufficient authority to frame and institute such new form of internal government and police. " 6thly. That those doubts can and of right ought to be removed by the good people of this Colony only. " 7thly. That until such new form of internal police and government be constitutionally established, or until the ex- piration of the term for which this Congress was elected, this Congress ought to continue in the full exercise of their present authority, and in the mean time ought to give the good people of each several and respective county in this Colony, full opportunity to remove the said doubts, either by declaring their respective representatives in this Con- gress, in conjunction with the representatives of the other counties respectively, competent for the purpose of esta- blishing such new form of internal police and government, and adding to their number, if they shall think proper, or JOURNAL OF THE PROVINCIAL CONGRESS. 463 by electing others in the stead of the present members, or any or either of them, and increasing (if they should deem it necessary) the number of deputies from each county, with the like powers as are now vested in this Congress, and with express authority to institute and establish such new and internal form of government and police as afore- said. " 8thly. That, therefore, this House take some order to be publicly notified throughout the several counties in this Colony, whereby the inhabitants of each county respec- tively, on a given day 10 be appointed in each of them re- spectively by this Congress for the purpose, may, by plu- rality of voices, either confirm their present representatives respectively in this Congress in their present powers, and with express authority, in conjunction with the representa- tives in this Congress for the other counties, to institute a new internal form of government and police for this Colony, suited to the present critical emergency, and to continue in full force and effect until a future peace with Great Biitain shall render the same unnecessary, or elect new members for that purpose, to take seats in Congress in the place of those members respectively who shall not be so confirmed. The whole number to be capable of such addition or in- crease in each respective county, as aforesaid. " Bv order of the committee. "HENRY REMSEN, Chairman." The said report being considered, was accepted. Mr. Covenhoven and Mr. Jeremiah Van Derbilt dissent from said 4th paragraph, and the 7th and 8th paragraphs. Ordered, That Mr. Scott, Mr. Jay and Mr. Haring, be a committee to take the said report and frame it into reso- lutions, to be published. The office of captain of the company of light horse in the city and county of New-York becoming vacant by the promotion of Abraham P. Lott to the colonelcy of the 3d regiment of militia, Mr. John Leary, Junr. is returned as captain of the said company, vice Abm. P. Lott ; Peter Kettletas, 1st lieut. ; Thomas Beekman, cornet, and Jaca- miah Allen, adjutant and quarter-master. Ordered, That commissions issue to those gentlemen respectively ; and they were issued accordingly. Monday, 5 ho. P. M. May 27, 1776. Present — Brigadier-Genl. Woodhull, Prest. Mr. Alsop, Mr. Scott, Mr. Randall, Mr. Van Zandt, Capt. Denning— For New-York. Mr. Moore, Mr. Harper — Tryon. Mr. Glen — Albany. Mr. Paulding, Mr. Morris, Mr. Haviland — Westcheiter. Mr. Webster— Charlotte. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. M. Haring, Mr. Little — Orange. Mr. Cantine, Mr. Brewster, Major Parks, Col. Hasbrouck — Ulster. Mr. Jerh. Van Derbilt — Kings. Mr. Van Derbilt had leave of absence for this after- noon. Ordered, That Mr. Gelston, Mr. Brewster and Mr. Paulding, be a committee to take into consideration the se- veral reports upon lead mines, and report thereon to this house. A letter from Cornelius Swartwout was read. He prays to be appointed a 3d lieutenant in Capt. Bowman's com- pany. Ordered, That he be appointed accordingly, and that John Reid, Junr. be 2d lieutenant of said company. A petition from the city committee of New-York, to ena- ble them to build sheds for the poor in Westchester county was read. After some time spent in consideration thereof, it was Ordered, That the same be referred to Mr. Haviland, Mr. Glenn and Col. Hasbrouck, to report thereon. A letter from Mr. Robert Harpur, chairman of the city committee of New-York, was read. He thereby informs that they have sent Mrs. Beck to jail, for sending provi- sions on board the ships of war. DIE MARTIS, 9 ho. a. m. May 28th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Randall, Mr. Peter Van Zandt, Mr. Jay, Mr. Alsop, Mr. Beek- man, Colo. Broome, Colo. Remsen, Mr. Scott, Mr. Sands — For New- York. Mr. Morris, Mr. Tomkins, Mr. Haviland, Mr. Paulding — Westches- ter. Mr. Livingston, Mr. De Lavergne-Duic/tcss. Mr. Cuyler, Mr. Glen— Jlbany. Colo. Hasbrouck, Mr. Brewster, Mr. Contine, Major Parks— Ulster. Colo. Blackwell. Capt. Lawrence, Mr. Smith — Queens. Mr. Moore, Mr. Harper — Tryon. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Haring, Mr. Little— Orange. Mr. Polhemus — Kings. Mr. Cortelyou, Mr. Journey — Richmond. Mr. Webster, Colo. Malcom — Charlotte. A letter from Petrus JSchoonmaker, captain of a company of militia in Colo. Pawling's regiment, Ulster county. He complains that the Committee have not given him his pro- per rank in the regiment, therefore has returned his com- mission to the Congress. Ordered, That the foregoing letter be referred to the Deputies for Ulster county. A letter from Lieut. Jacob Lawrence, of a minute com- pany in Ulster county. He informs Congress that himself, Ensign Dunn and Sergeant Lane, marched eight days through four different precincts, to fetch 17 of their men to go to Fort Montgomerie, for which they have not been paid. Ordered, To lie on the table for the perusal of the mem- bers. A letter from Paul Mecheau, Esqr. of Richmond county, setting forth that his bad state of health renders it impossi- ble for him to attend Congress as Deputy for the said county. Postponed for consideration. Mr. Smith informed Congress that Captain Baylies' company of militia, and also some of the minute men in the township of Jamaica, stood in great need of some gun- powder, and requested that a small quantity be ordered to be delivered to the general committee of Queens county, to be dealt out among the men of the said company. There- upon, Ordered, That Mr. Norwood, Commissary of Colony stores, deliver to Capt. Ephraim Baileys, one hundred weight of gunpowder, and take his receipt for the same. Ordered, That Capt. Baileys deliver the said gunpowder to the county committee of Queens county, who are le- quested to distribute the same to the minute men and mili- tia of the said county, who may appear to the said com- mittee to be well affected to the American cause ; the said county committee to stand charged for said powder at the rate of twenty-five pounds per hundred ; and the chairman is requested to take care that the sum of twenty-five pounds be remitted to this Congress, or their Treasurer, for the said gunpowder. Colo. Flemming attending, was admitted. He returned General Putnam's thanks for the exertions of this Congress and the general committee of the city, for the commitment of Doctr. Azor Belts, and their extraordinary exertions to prevent the spreading of the small pox among the Conti- nental army ; and he requests to know whether this Con- gress will consent that he publish the copv of the determi- nation of the city committee and of this Congress on that subject. The Congress returned their thanks to General Putnam for his polite message, and will send him an answer as to publishing the determination of the committee and report of this Congress. 464 JOURNAL OF THE PROVINCIAL CONGRESS. The order of the day being read, the Congress proceed- ed to hear the report of the committee on General Wa- shington's two letters, on the subject of having a part of the militia [at] all times ready, on any alarm, to join the Con- tinental troops, was read. Ordered, That it be postponed till the afternoon. A letter from Capt. Corns. Steinrod, dated this day, was read and filed. He therein mentions that he did not re- ceive his warrant to enlist a company in the Continental service, until the 27lh of last month, but had engaged many of his men on the ninth day of the month ; that about twenty of the said men have refused, and still do refuse to join the company, unless they are allowed pay from that day. He also informs that two of his men are confined under guard by Capt. Hobby, as persons who have also enlisted in his company ; and Capt. Steinrod requests the direction of this Congress in the premises. The Congress are of opinion that Capt. Steinrod ought not to receive pay for any of the men in his compa- ny, prior to the date of his warrant, and for such of his men who enlisted after the date of his warrant, only from the time of their respective enlistment. Ordered, That one of the Secretaries write a letter to Capt. Steinrod to this effect. Mr. James Livingston and Doctr. Benjamin Delavergne, two members from Dutches county, having this morning attended and taken their seats, the said two gentlemen, at the Chair, were respectively duly sworn and took the ge- neral oath of secrecy, as before entered on the minutes, to keep secret all such matters and things as shall be given in charge, by order of this Congress, to be kept secret un- til leave shall be given by like order to divulge the same. Colo. Malcom came into the Congress and reported the soundings between the Red Hook and the Pest island. The report was read. Ordered, That it be returned to Colo. Malcom to be amended and reduced to a scale. Mr. Scott, from the committee appointed to report a law, or " set of resolutions of lhis Congress, to prevent the dangers to which this Colony is exposed by its internal enemies," brought in the report of the said committee, which he read in his place and delivered in at the Chair. The same was again read through, and was then read pa- ragraph by paragraph. On reading the third paragraph of the preamble, and the question being put thereon, whether the Congress agrees with this committee in their report, Richmond county voted against it. Die Martis, P. M. May 28th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Kathl. Woodhull, Presidt. Mr. Scott, Mr. Lewis, Mr. Sands, Mr. P. Van Zandt, Colo. Broome, Mr. Randall, Mr. Jay, Mr. Beekman, Colo. Remsen, Mr. Bancker, Mr. Denning — For New-York. Mr. Livingston, Mr. Delavergne — Dutchess. Mr. Cuyler, Mr. Glen — Jllbany. Mr. Contine, Major Parkes, Colo. Hasbrouck — Ulster. Mr. Morris, Mr. Tomkins, Mr. Haviland, Mr. Paulding — West- chester. Mr. Cortelyou, Mr. Conner — Richmond. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Harin?, Mr. Little — Orange. Colo. Blackwell, Mr. Smith, Capt. Lawrence — Queens. Mr. Moore, Mr. Harper— Tryon. Mr. Webster, Colo. Malcom — Charlotte. Capt. Jeremiah Wool attending, was admitted. He in- formed the Congress that the persons under guard, charg- ed with counterfeiting Continental and Provincial money, were not properly attended to by some of the guards, and that there is great danger of an escape. Thereupon the Congress made the following order, to wit : " Whereas it lias been represented to this Congress, that Israel Youngs, Isaac Youngs, Henry Dawkins and Isaac Ketchum, committed to the custody of guards ap- pointed by Genl. Washington, at the request of divers members of this Congress, on suspicion of counterfeiting the Continental money, and that of the neighouring Colo- nies, are meditating their escape, Ordered, That the said persons be forthwith put in irons and kept in the place where they now are, and that the guards be directed not to permit any person to have access to them, without license from this Congress, till the fur- ther order of this Congress. Ordered, That Capt. Jeremiah Wool be requested to see this order, as far as it relates to the putting the said persons in irons, duly executed. And Ordered farther, That Capt. Wool be requested to pro- vide the said persons with necessary provisions, at their own particular expense ; and that the said guard permit Capt. Wool to enter the room where the said persons are confined, whenever he shall think necessary, for the pur- pose of supplying them with provisions as aforesaid. Ordered, That a copy of the aforegoing order be deli- vered to Capt. Wool, who is requested to deliver the same to the officer of the guard, to be handed to the different offi- cers, who shall relieve the said guard, from time to time. A letter from the committee of New Town, dated yes- terday, was read and filed. They therein inform, that on complaint of several of the inhabitants of New Town of a fresh insult to the United Colonies, by hoisting, or suffer- ing to be hoisted on his ground, a large flag in imitation of the King's standard, and that he had refused to give suffi- cient satisfaction to the committee, and that they have sent him down to this Congress for examination, together with flag, under a guard by Capt. Abraham Remsen. Capt. Abraham Remsen, with the said flag and John Moore, Junr. the prisoner, were brought in. John Moore, Junr. examined, says, it was a parcel of school boys, who go to school in New Town, who hoisted colours in his field ; that he first saw them on a small stick, and afterwards on a high pole of 15 or 20 feet ; that he does not know whose colours they are and why they were put up ; that he first saw them hoisted on a fast day ; that the boys told him they got the colours of a lad from New-York, now in New Town, whose name is Moore ; that he ordered them down on the fast day, but not after- wards ; that as children put them up he did not imagine that men would take notice of it ; that he has not signed the general association ; that it was not offered to him to sign ; that he knew where the association was one day ; that no person ever advised him to have the flag taken down ; that it was flying in his yard when the gentlemen of the committee came for him yesterday, and they took it down ; that it has been up some days, and down on other days ; that he lives near the school ; that Thomas Wal- ton's son lodges with him ; that there are there two sons of Mr. Le Roy, two of Thos. White's, one of Mr. Ma- thew's, and others about 16 or 17 in number; that he does not recollect what is in the association. Being asked if he would defend the United Colonies by force of arms, an- swered, that he did not choose to fight, and never meant to fight if he could avoid it ; and would avoid it as long as he could. Capt. Abraham Remsen withdrew with his prisoner, and the Congress took the same into consideration. On motion of Mr. Morris, Ordered, That John Moore, Junr. be kept in this town a prisoner upon his parol, until the Congress shall make farther order concerning him. Capt. Remsen and John Moore, Junr. were called in. The said John Moore, Junr. in Congress, gave his promise parol to abide and tarry in the city of New-York and at- tend at the City Hall from day to day, ready to obey the call or direction of this Congress, and not to depart the city without leave. He was thereupon permitted to go at large. JOURNAL OF THE PROVINCIAL CONGRESS. 465 A draft of a letter to the committee of New Town re- turning them thanks for their vigilance, was read and ap- proved, and is in the words, following, to wit : " Gentlemen — I am directed by the Congress to re- turn you the thanks of this Congress for your zeal mani- fested in the securing John Moore, Junr. and sending him to this city. With the warmest wishes for success upon every effort you shall make in the great and glorious cause of freedom, " I have the honour to be, gentlemen, " Your most obedt. and hum. servt. " To the Chairman and Members of the Committee of New Town." Ordered, That a copy of the said letter be signed by the President and transmitted. "Capt. Thomas Harriot being called before this commit- tee was duly convicted of having refused to receive in payment the Continental bills, and still persists in refus- ing the same ; and further said he would appeal to the Pro- vincial Congress, but refused to give security for his an- swering to the said appeal, though a gentleman present of- fered his service to him on that account, and the said Har- riot added that he did not care whether he was held up or not to the public as an enemy to his country ; and when he was informed of the disagreeable circumstances that he might bring himself into by his conduct, he replied that he hoped or expected he would be provided for. " This committee, conceiving the said Thomas Harriot to be a dangerous person, do request that the Provincial Con- gress may acquaint them if they think he ought to be suf- fered to go at large, as he is now in the custody of the guard. " By order of the committee, " ROBT. HARPUR, " Depy. Chairman. "New-York Committee Chamber, May 28th, 1776. "To the Honble. the Congress of the Colony of New-York." " In Provincial Congress, ? " New-York, May 28th, 1776. 5 " Ordered, That the general committee of the city of New-York be requested and authorized, and are hereby re- quested and authorized, to direct that Thomas Harriot be immediately committed to close jail in this city, there to remain until further order of this Congress, for which this shall be their direction and authority. " Extract from the minutes. " JOHN McKESSON, Secry. DIE MERCURII, 9 ho. a. m. May 29th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Presidt. Colo. Broome, Mr. Sands, Mr. Randall, Mr. Jay, Mr. P. Van Zandt, Mr. Van Cortlandt, Mr. Alsop, Mr. Scott— For New- York. Mr. Haring, Mr. Little — Orange. Mr. Cuyler, Mr. Glen, Mr. Ten Broeck— For Albany. Colo. Hasbrouck, Mr. Contine, Mr. Brewster, Major Parks — Ulster. Mr. Morris, Mr. Haviland, Mr. Tomkins, Mr. Paulding— Westches- ter. Mr. Cortelyou, Mr. Journey — Richmond. Genl. Woodhull, Mr. Wickham, Mr. Gelston— For Suffolk. Mr. Livingston, Mr. JJe Lavergne, Major H. Schenk — Dutchess. Colo. Blackwell, Mr. Smith. Capt. Lawrence — Queens. Mr. Moore, Mr. Harper— Tryon. Mr. Webster, Colo. Malcom — Charlotte. Major Henry Schenk, a Deputy for Dutchess county, and John Ten Broeck, Esqr. a Deputy for the city and county of Albany, appeared in Congress, and after taking the general oath of secrecy, respectively, took their seats. A letter from Colo. Charles De Witt, enclosing returns of officers chosen for two minute companies in his regi- ment, and requesting commissions may be sent. 117 Ordered, To remain for farther consideration, till the militia committee make their report. A letter from Colo. Levi Pauling, at Marble Town, set- ting forth that Zacharias Rosekrans, ensign in Capt. Jo- cham Schoonmaker's company had resigned, and that Mo- ses Depue, Junr. was duly elected in his stead. Ordered, That a commission issue to Moses Depue, Junr. vice Zacharias Rosekrans, resigned. A letter from Colo. Thomas Thomas, of Westchester county, was delivered in and read. Colo. Thomas informs that Elijah Hunter is desirous of raising a grenadier com- pany to belong to the regiment of militia whereof Thomas Thomas is colonel ; that the following are the intended of- ficers, to wit: Elijah Hunter, captain; Richard Sacket, 1st lieut. ; Silas Miller, 2d lieut. ; and Jeremiah Lowns- berry, ensign, and prays commissions may be issued speedily. Ordered, That commissions issue ; and they were ac- cordingly immediately issued to those gentlemen. Mr. Sands, on behalf of the auditors, informed the Con- gress that the officers of the first, or Colo. Lasher's batta- lion, have delivered in their accounts for the services of that regiment on fatigue, in pursuance of the order of the Provincial Congress of the fourteenth day of March last ; that the officers of that regiment have charged full pay and the number [of] rations allowed to officers in the Continental army at \0\d. for each ration for every day they were on duty, though it appears by their returns that very fre- quently they had not the number of privates on duly or- dered and directed by the ninth resolution and order for that purpose passed on the said 14th day of March last; that as the said ninth resolution does not enable the audi- tors to discharge those accounts, the auditors request the directions of this Congress on the subject. Determined, That the officers shall be allowed the like number of rations as the Continental officers of like rank are allowed : but that the officers who, in any instance, have not had the full complement of men on duty or fatigue, agreeable to the said ninth resolution, be allowed only a proportion of pay, and a proportion of the value of rations, in the proportion the number of men they had on fatigue bears to the number ordered for a regiment or a company, by the said ninth resolution of the fourteenth day of March last. Mr. Andrew Gautier, Junr. attending at the door, (in pursuance of the order of the day,) to prosecute his appeal from the judgment of the general committee of the city of New-York, that he [be] held up publicly for having refused Continental money. Ordered, That the doors be set open ; that notice be given at the door and below in the hall, where the inhabi- tants are assembled at an election for members of the city committee, that the door is set open for all persons. The said Andrew Gautier, Junr. came into the chamber and attended at the bar. Some members of the general committee, who were below in the hall, came in and at- tended. The report of the evidence given to the general commit- tee, and their determination thereon, with the said appeal of the said Andw. Guatier, Junr. and the order of this Congress for hearing the said appeal, were read. Mr. Guatier delivered his defence in writing, which was also read. The appellant informed the Congress that his witness is at present absent out of town, and the witnesses against the appellant not appearing at present, Ordered, That the further hearing of this appeal be de- ferred until next Tuesday morning. The appellant and persons attending withdrew. From the circumstances attending this appeal and other infoimation, it is represented to this Congress that persons under various pretences sell tea at more than six shillings per pound. Ordered, That Mr. Jay, Mr. Morris and Mr. Sands, be 466 JOURNAL OF THE PROVINCIAL CONGRESS. a committee to inquire into the grounds of such reports, and to report the measures they may think necessary to prevent any infraction of the resolution of the Continental Con- gress, thereupon published, and that they report with all convenient speed. A letter from William Smith, Esquire, of Suffolk coun- ty, of the 25th instant, informing Congress by the request of a meeting of the committee of Brookhaven, Manor of St. Ceorge, and Patenteeship of Merilches, and informing Congress that there is a communication kept up between Winthrop's patent and the ships of war at Sandy Hook, and that men, water, oysters and clams, are carried from the inlet at South Bay on board the men of war. Ordered, That Mr. Randall and Mr. Gelston be a com- mittee to wait on General Putnam and confer with [him] on the subject of said letter. The gentlemen returned and reported that the General had read the letter from Mr. Smith, and was much dis- pleased when informed that the armed vessels had not sail- ed, and said that he would give immediate orders that they take their stations, but did not say that he would give any particular directions as to that inlet. Mr. Morris moved, and was seconded, that the resolu- tions of the last and this Congress for compelling all the inhabitants of this city who had removed therefrom before the first day of last June, to return, be reconsidered. The question being put thereon, it was, For. Jlgainst. New-York, 8 Orange, 2 Albany 6 Westchester, 4 Suffolk 4 Mr. Morris dissents. Richmond, 2 Charlotte, 2 Ulster, 4 — Queens, 4 8 Tryon, 3 Dutchess, 5 36 Die Mercurii, P. M. May 29th, 1776. The Congress met pursuant to adjournment. Present — Brigadier- Genl. Woodhull, Presidt. Mr. Scott, Mr. Jay, Mr. Alsop, Mr. Randall, Colo. Broome, Mr. Van Cortlandt, Mr. Peter Van Zandt, Mr. Bancker, Mr. Sands 6 o'clock— For Nevo-York. Mr. Haring, Mr. Little— Orange. Mr. Cortelyou, Mr. Journey— Richmond. Mr. Cuyler, Mr. Glen, Mr. Ten Broeck — ilbany. Colo. Hasbrouck, Mr. Contine, Major Parkes— Ulster. Mr. Morris, Mr. Haviland, Mr. Tomkins, Mr. Paulding— Westches- ter. Mr. Moore, Mr. Harper — Tryon. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Livingston, Mr. De Lavergne, Major H. Schenk — Dutchess. Colo. Blackwell, Mr. Smith, Capt. Lawrence— Queens. Mr. Webster, Colo. Malcom— Charlotte. A draft of a letter to William Smith, Esqr. at Brookha- ven, in answer to his letter, received and read this morn- ing, being read and approved, is in the words following, to wii : "Sir — I am desired by the House to inform you that measures have already been taken to prevent all commu- nication between the King's ships and the inhabitants of the southern parts of Nassau island ; and also that such steps will be taken in future as the House shall deem necessary for that purpose ; they are further of opinion that it will not be necessary to burden the county with the allendance of minute men, to prevent the attempts of the enemy at the inlet mentioned in your letter. You will be pleased to send down the arms collected in your county, or so many of them as shall remain after the supplies which may be found necessary for the troops now in your county, with as much despatch as possible. " I am, &c. by order. " To Wm. Smith, Esqr." Ordered, That a copy thereof be engrossed, signed by the President, and transmitted. A letter from Alexander Moncrief, keeper of the Con- gress jail, was read. He therein informs Congress that his bad slate of health renders him incapable of executing the office of jailer any longer ; therefore prays to be dis- charged from his said office, and recommends Daniel Gold- smith as a very proper person to succeed him. There- upon Agreed and Ordered, That Daniel Goldsmith be, and he is hereby appointed keeper of the jail set apart for the reception and confinement of all such persons as shall or mav from time to time be committed to close custody, by order of this Congress, their Committee of Safety, or of the general committee of the city and county of New-York. That the said Mr. Goldsmith keep no prisoners in his cus- tody at the expense of this Colony (as to provisions) but such as shall lie committed by order as aforesaid ; and that Mr. Goldsmith be allowed at the rate of four pounds per month for his services while employed as jailer as afore- said. It being suggested in Congress that there is an absolute necessity of imposing some penalty on persons convicted of violating the resolution of the Provincial Congress, pro- hibiting the practice of inoculating for the small pox in this Colony, till the further order of Congress, Ordered, That Mr. Ten Broeck, Mr. Van Cortlandt and Mr. Livingston, be a committee to prepare some reso- lutions imposing a penalty on persons who shall presume to inoculate for the small pox in this Colony, and that they report the same with all convenient speed. A petition of Charles Loosly and Thomas Elms, paper- makers, praying to be exempted from military duty. Ordered to lie on the table. Colo. Malcom brought into Congress a draft containing the soundings of the depth of water in the channel between Red Hook and Bedlow's island. Ordered, That Mr. Morris, Mr. Randall and Colo. Mal- com, be a committee to take the same into consideration, and report their opinion thereon as soon as possible. John Moore, the person sent by the committee of New Town to this Congress under guard, for suffering a flag in imitation of a royal standard to be hoisted on his land, re- questing permission to return home on his parol, Ordered, That he be permitted to return home, on his promise parol to attend this Congress whenever he shall be summoned to appear. DIE JOVIS, 9 ho. a. m. May 30lh, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Presidt. Colo. Broome, Mr. Sands, Mr. P. Van Zandt, Mr. Jay, Mr. Randall, Capt. Rutgers, Mr. Beekman, Mr. Scott — For New-York. Mr. Haring, Mr. Little — Orange. Mr. Covenhoven— Kings. Mr. Ten Broeck, Mr. Cuyler, Mr. Glen— Jlbany. Mr. Contine, Colo. Hasbrouck — Ulster. Mr. Morris, Mr. Paulding, Mr. Tomkins, Mr. Haviland — Westchester. Mr. Journey, Mr. Cortelyou— Richmond. Genl. Woodhull, Mr. Wickham, Mr. Gelston— Suffolk. Mr. Delavergne, Mr. Livingston, Major H. Schenk— Dutchess. Mr. Smith, Colo. Blackwell, Mr. Saml. Townsend, Mr. Jas. Town- send, Capt. Lawrence— Queens. Mr. Moore, Mr. Harper — Tryon. Mr. Webster, Colo. Malcom — Charlotte. Colo. Hasbrouck, from the committee appointed to take into consideration the letter from Capt. Fetrus Schoon- maker, complaining that the Committee have done him in- justice in settling the rank of the companies in Colo. Pau- ling's regiment, Ulster county : they report as their opinion that a letter be wrote to the county committee, directing JOURNAL OF THE PROVINCIAL CONGRESS. 467 them to settle the arrangement of said regiment with Capt. Schoonmaker; and if he is dissatisfied with such arrange- ment that they give orders to the company commanded by the said Petrus Schoonmaker to elect other officers, in the room and stead of such officers who refuse to serve, and that their names be transmitted to be commissioned, with- out delay. The said report being read and approved, a draft of a letter to the committee of Ulster county, agreea- ble to the said report, was read and approved. Ordered, That a copy thereof be signed by the Presi- dent and transmitted. A letter from Genl. Putnam was read ; he informs Con- gress that the ladies visit the tory gentry confined in jail, and that some bad fellows daily visit women of the same character in jail, and refers the matter to the considera- tion of the Congress. Ordered, To lie on the table for further consideration. The petition of Amos Bull was read ; he prays to be heard and tried before this Congress for the charge of sup- plying, or aiding others in supplying the ships of war with provisions, of which he is entirely innocent. Ordered, To be referred to the committee appointed to examine and take examinations of persons committed to custody by order of Congress, who are directed to report thereon without delay. The Congress were informed, by a member, that one Mr. Latham was unnecessarily fired at and wounded by a Continental of Colo. McDougall's regiment. Ordered, That Mr. Gelston and Mr. Schenk be a com- mittee to make inquiry into this matter, take the necessary examinations and make report thereon to this House. The memorial of Samuel Loudon, presented to the Com- mittee of Safety of the late Congress, against Christopher Duyckinck and others for entering his house without any authority, and burning and destroying printed copies of the pamphlet entitled " The Deceiver Unmasked," with his re- marks on the subject, were read. Ordered, That the memorial of Samuel Loudon be ta- ken into consideration on Tuesday next ; and that the door- keeper summon Samuel Loudon to attend, with his wit- nesses, on that day, at 10 o'clock in the forenoon ; and that the doorkeeper also summon Christopher Duyckinck, John Gilbert, Thomas Pratt, John Buchannen, the inn- keeper, Brower, the carpenter, Bicker, now or late an officer, and Malcom McEuen, a pewlerer, to at- tend this Congress at the same time, to answer to the charge of entering the house of the said Samuel Loudon, unwarrantably and without proper authority, destroying a number of pamphlets, as the same is set forth more par- ticularly in the said memorial. The Congress taking into consideration the dangers to which this city and colony will be exposed, should the Mi- nisterial troops speedily arrive ; Resolved, That two battalions be taken into the pay and service of this Colony for three months. And Ordered, That a committee be appointed to take into consideration and report to this Congress their opinion of the number of which the said battalions shall consist; what pay shall be given them ; whence they shall be procured, and by what regulations governed ; together with such other matters relative to the same as they may think proper and necessary. And Ordered, That Mr. James Livingston, Mr. Cuyler, Mr. Jay, Mr. Morris and Mr. Saml. Townsend, be the com- mittee. A petition from the vestrymen of the city and county of of New-York, selting forth the distresses which must un- avoidably attend the poor of the said city and county for want of money in the hands of the churchwardens to de- fray the expenses attending the maintenance of the city alms-house, and praying the loan of five thousand pounds for that purpose, was read and filed. Ordered, That Mr. Scott, Mr. Rutgers, Mr Beekman and Mr. Paulding, be a committee to take the said petition into consideration, and inquire into the state of the corpo- ration funds. A letter from Mrs. Beck, confined in jail by order of the general committee, for supplying our enemies. Referred to the committee appointed to take examinations and try persons charged with offences. Mrs. Youngs, wife to one of the prisoners confined for counterfeiting Continental money, attending, prayed that she may be permitted to visit her husband. Thereupon, Ordered, That the officer of the guard appointed to guard the prisoners charged with counterfeiting the Continental money, be authorized and requested to permit the wives of those prisoners to visit and converse with their husbands, in the presence and hearing of the officer of the said guard, till further ordered. Messrs. Samuel and James Townsend, Deputies from Queens county, were sworn to the general oath of secrecy. An information, signed by Aaron Stockholm, Samuel Prince, John Bogert and Thomas Gardner, referred to this Congress by the general committee of the city of New- York, charging Peter McClean, Samuel Galsworthy, Fran- cis Delaroach and a young man in military clothing of their acquaintance, with uttering sentiments highly inimical and dangerous to the cause of America, was read and filed. Ordered, That the names be added to the list of dan- gerous, disaffected persons to be apprehended. The affidavits of Amasa Mills, Ebenezer Sumner, Henry Champion and Robt. Warner, and the substance of the af- fidavit of Saml. Richards, ensign of Capt. Mills' company, charging Amos Bull with expressions inimical to the Co- lonies, both dated 30th May, were read. Referred to the committee of examination and inquiry. Mr. Smith and Mr. Haviland [have] leave of absence ; their counties being fully represented. DIE VENERIS, 9 ho. a. m. May 31st, 1776. The Congress met pursuant to adjournment. Present— Genl. Woodhull, Presidt. Mr. Bancker, Major Van Zandl, Mr. Randall, Colo. Stoutenburgh, Mr. Beekman, Mr. Scott— For New-York. Mr. Haring, Mr. Van Houten, Mr. Little— Orange. Mr. Glen, Mr. Cuyler, Mr. Ten Broeck— For Albany. Colo. Hasbrouck, Major Parkes — Ulster. Mr. Tomkins, Mr. Paulding— Westchester. Mr. Cortelyou, Mr. Journey — Richmond. Genl. Woodhull, Mr. Wickham, Mr. Gelston— For Suffolk. Mr. Livingston, Major Schenk, Paul Schenk, Mr. Delavergne — Dutchess. Mr. Saml. Townsend, Mr. Jas. Townsend, Colo. Blackwell, Capt. Lawrence — Queens. Mr. Moore, Mr. Harper — Try on. Mr. Webster, Colo. Malcom— Charlotte. A draft of a letter to the county committee of Ulster county, was read and approved of, and is in the words fol- lowing, to wit : " Gentlemen — The Deputies from your county have produced to this Congress two credentials, signed by your chairman, bearing the same date, but contradicting each other as to the powers given to your Deputies for the elec- tion of Continental Delegates. " Although this Congress is fully authorized to elect De- legates at their pleasure, even if your countv should not join in the choice, but remain unrepresented there, yet Congress would choose to be informed how far the good people of your county have authorized, or intended to au- thorize their Deputies to join in such election of Delegates, if it. should take place, and by what means returns so very different in themselves have been made, and to have a true slate of the proceedings of your committee on that subject. " Copies of your different returns, and of the order of 468 JOURNAL OF THE PROVINCIAL CONGRESS. this Congress thereon, are herewith enclosed for your exa- mination. "We are, gentlemen, " Your very humble servants, " By order. " To the Chairman and Members of the County Committee, Ulster county." One of the members informed the Congress that some of Captain Hamilton's company of artillery have deserted, and that he has some reasons to suspect that they are on board of the Continental ship, or vessel, in this harbour, under the command of Capt. Kennedy. Ordered, That Capt. Alexander Hamilton, or any or either of his officers, be and they are hereby authorized to go on board any ship or vessel in ibis harbour, and take with them such guard as may be necessary, and that they make strict search for any men who may have deserted from Captain Hamilton's company. It was suggested to the Congress by the President, that Mr. Nathaniel Williams has hopes that some discoveries may be made of a large sum of money which he has lost, if Mr. John Carpenter could be permitted to have a private conference with Isaac Ketchum, now a prisoner in the City Hall. Ordered,, That the officer commanding that guard be de- sired lo permit Mr. John Carpenter to have a private con- ference with the said Isaac Ketchum, either in the room where the prisoners now are, or in any other room in the City Hall ; that the officer place one or more sentries at the door of the room where Mr. Carpenter and the said prisoner may go to confer, while they are together ; and the officer of the guard is requested lo keep the substance of this order and its design, a secret from the guard. Mr. Van Houten, one of the Deputies of Orange county, attending, and having taken his seat, came up to the Chair and took the general oath of secrecy which has been admi- nistered to the other members. Ordered, That Mr. Norwood, the Commissary of Co- lony stores, deliver to Colo. Rilzema, or his order, all the muskets or firelocks fit for use, which now are or may come into the store for the course of three weeks from last Monday, the arms collected in Kings county excepted. A return from John Jackson, chairman of the commit- tee of Goshen precinct, dated the 28th instant, was read and filed. It is thereby returned, that the following persons are elected officers of the company in Colo. Hawthorn's regi- ment, called the Pond company, vizt : Peter Berlolf, cap- tain ; John De Bow, 1st lieutenant; Anthony Finn, 2d lieutenant ; Joseph Jewell, ensign ; and that the said elec- tion was made in the presence of Henry Wisner and John' Minthorne, two members of the committee of Goshen pre- cinct. It [is] further thereby returned, that a new company is formed in Goshen precinct and added to that regiment, by the name of the Sterling company, and the following gen- tlemen were elected officers of that company, in the presence of Henry Wisner and Nathaniel Ketcham, two members of the committee, vizt : John Norman, captain ; Solomon Finch, first lieut. ; William Filz Gerald, 2d lieut. ; and Elisha Bennet, ensign. Ordered, That commissions issue for those eight gen- tlemen as officers of those two companies, in the rank they have been respectively elected ; and they were issued accordingly. Mr. Gelston reported, that the committee appointed for that purpose, had obtained the affidavits of Latham, and of two other persons ; that the said Latham was shot at and wounded bv a sentinel on one of the wharves of this city, in coming in in the ni " Sir — Your letter by Mr. Chapman of the 5th inst. was laid before the Congress, who are of opinion that the contents require the most serious consideration, and have directed me to acquaint you that whenever several matters of importance for the general defence and preservation of the Colony now under consideration are despatched, the committee of Salem may be assured a proper attention will be paid to their application. The Congress not doubting that committee will still persevere with zeal in the cause of their country. " By order. " To Ezekiel Hawley, Esqr. Chairman of the Committee of Salem, Westchester." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. The President reported that he had waited on His Ex- cellency Genl. Washington, and communicated to him the resolution of yesterday, to which His Excellency returned the following answer : " Gentlemen: — I am extremely obliged for the high sense you entertain of my services, and for your promises of every possible assistance in the discharge of my impor- tant duty. " You may rest assured that every attention to the in- terest and happiness of this Colony shall not be wanting, nor my regard to its civil authority remitted, whilst I am honoured with the command I now hold." Sunday Afternoon, June 9th, 1776. The Congress met pursuant to adjournment. Present— General Woodhull, Prest. Mr. Scott, Mr. Van Cortlandt, Mr. Denning, Mr. Van Zandt, Mr. Sands, Col. Broome, Col. Stoutenburgh— New-York. Col. G. Drake, Col. L. Graham, Major Lockwood— Westchester. Mr. Ten Broeck, Mr. Cuyler, Mr. Glenn— Albany. Mr. Livingston, Mr. P. Schenk, Mr. De Lavergne— Dutches. Col. Hasbrouck, Major Parks— Ulster. Genl. Woodhull, Mr. Tredwell, Mr. Strong— Suffolk. Mr. Little, Mr. Haring — Orange. Mr. Moore, Mr. Harper — Tryon. Mr. Webster— Charlotte. The report of the committee for raising a detatchment of the militia was taken up, and after some time spent in the consideration thereof, the same was agreed to in the words following, to wit : " Your committee appointed for taking into consideration regulations and instructions for raising the detachments of militia to reinforce the army of New- York, and that in Ca- nada, do report that they have maturely considered the matters referred to them, and think it necessary to report the following regulations, for the more orderly and de- spatched levy of the militia destined to reinforce the Con- tinental army in this city, and that in Canada, to wit : As it is evident that the nature of the service hereby provided for, requires the utmost despatch, this House do recommend it to the several counties to furnish their respective quotas with all possible expedition ; and as it would by no means be proper to leave it to the discretion of the different coun- ties, your committee do advise that this Congress earnestly recommend, " lstly. That the several levies to be made in the differ- ent parts of this Colony, from without the city and county of New- York, for the purpose of reinforcing the army at New-York, begin their respective marches to the city of New-York, unless the Commander-in-Chief of the Conti- nental forces should order them to march to some other place, at the latest on the several days hereafter mentioned, to wit, those of Kings county and Richmond county on the fifteenth instant ; those of Westchester and Queens county on the seventeenth instant ; those of Orange on the nine- teenth instant ; those of Dutchess, Ulster and Suffolk on the twenty-first inst. ; and those of the county of Albany on the twenty-third. " 2dly. That those of the city and county of New-York be ready for parade and review on the 14th inst. " 3dly. That though your committee are of opinion that the several levies above mentioned of, consisting of volun- teers, would be most advancive of the public service, yet they conceive that the said levies ought at all events be made with the utmost despatch. For which reason your committee do advise that each detachment in the several and respective counties except New-York, be mustered two days before the respective days of their march, and that of New-York two days before the day of their parade and review, and that the deficiency of volunteers in each quota on such days, ought respectively to be completed by drafts, to be ascertained by casting of lots, and that to this end the several commanding officers do assemble on such day their respective battalions. " 4thly. That the rank and number of the officers which are to command the respective detachments be fixed by this Congress ; that it be recommended to the commanding officer of each battalion, out of which any detachment is to be made, on or before the day of muster, and with the as- sistance of the sub-committee or sub-committees, to pro- cure volunteer officers of such battalion under the degree of field officers, to command such detachment, if volunteers can be had on or before the day of muster, and if not, to select them on that day, by casting of lots ; and that such officers, thus selected, either as volunteers or by casting of lots, be the officers to command the detachment ; and if a detachment should consist of men belonging to different battalions, the several commanding officers, with the seve- ral sub-committees within whose district such detachment shall be, do proportion the officers, as to rank and number, according to the number from each battalion who form such detachment ; and if too great a number of officers shall JOURNAL OF THE PROVINCIAL CONGRESS. 487 offer iheir service as volunteers that it be determined by casting of lots for the honor of the service. 5thly. That in case of detaching by draft, every drafted non-commissioned officer and private be permitted to sup- ply an able bodied man in his room, so that such indul- gence do not retard the march of the detachment. " 6thly. That care be taken that at the respective times of the commencement of such marches, respectively, from the other counties, and at the time of such parade as afore- said in New- York, each detachment be completely pro- vided with arms, accoutrements and ammunition, as di- rected by the regulations for the militia ; and to that end that their deficiencies in these particulars, if any such there be, be made up from those of the other men belonging to their respective battalions, either by purchase, to be de- ducted out of the pay of the several persons detached who shall be thus provided for march or parade, or by loan as the respective owners shall choose ; they to be secured in that case for return, in good order, to such respective owners, or by an allowance on valuation out of the pay of the persons, respectively, who shall thus be provided for their march or parade ; and in case of loss or injury, and there be not sufficient pay due and in arrear, to the person thus armed and accoutred, to recompense the owner to whom the loss or injury shall happen, then, in such case the recompense to be made by the Colony ; for which pur- pose just valuations shall be made by the sub-committees through whose districts each brigade shall extend, and the brigadier-general of the brigade, if a general muster shall be had for the. purpose, or by the commanding officer of each battalion and the proper district committee or com- mittees, if such general muster shall not be had. And it is further advised that it be recommended to the brigadier- general of each brigade, or in his absence to the next com- manding officer, and the several county committees into whose respective districts such brigade shall respectively extend, to determine whether such musters as aforesaid shall be held in brigades or battalions ; and that the bri- gadier-general and the county committees, if such muster shall made in brigade, preside over, direct and conduct the making of such detachments aforesaid, and the valuation of arms as aforesaid ; and if the said detachments shall be made in battalions, then such presidence, direction and con- duct to be in the commanding officer of the battalion and the district committee or committees ; and that all ques- tions in the execution of the matters so submitted to their presidence, direction and conduct, respectively, be deter- mined by majority of voices ; and being thus done and transacted, a report under their hands be made by them thereof, as well as of the respective detachments, to be di- rected to the brigadier-general to be appointed by this Congress for the command of the detachments of militia of the Colony of New-York, destined to reinforce the Conti- nental army at New-York, and to be transmitted to him by the hands of the commanding officer of each detachment respectively. " 7thly. That to this end this Congress immediately do, in pursuance of the resolve of the Continental Congress, nominate and appoint such brigadier as aforesaid. " 8thly. That it be committed to the care of the briga- dier-general and general committee, and other command- ing officers, and district committees as aforesaid respec- tively, to give proper orders for the regular and despatch- ful march of the several detachments, either by land or by water, as will best expedite the arrival of the several de- tachments at New-York. " 9thly. That the necessary despatches, for the purpose of expediting the raising the aforesaid detachments, des- tined to join the army at New- York, be made by the said brigadier-general so to be appointed by this Congress, to the respective counties in this Colony, either by express or otherwise, as he shall think proper, at the public ex- pense of this Colony ; and that he transmit therewith co- pies of all the resolutions and proceedings of this Congress relative to the said detachments. " lOthly. That in forming the detachments above men- tioned, the minute battalions, as well officers as privates, ought to be considered as part of the common militia. " llthly. That the detachments to join the army in Ca- nada, be formed in one battalion, and that the making the said detachments, in the manner above directed, be com- mitted to the care of the different county committees, and the brigadier-general of Albany and Tryon ; and the march of the said battalion, either in body or detachments, shall be on such day or days respectively, as the said brigadier of Albany and Tryon, and the said general committees of the counties wherein such detachments are to be levied, shall by majority of voices be determined ; provided always, that the last day of such march do not exceed the first day of July next. "12thly. That all returns as aforesaid, respecting the said battalion, be respectively made in manner aforesaid to this Congress. "Lastly. For the encouragement of all privates who shall be employed in the aforesaid service, your committee do advise that it be resolved by this Congress, that in case the Continental Congress do not increase their pay, from forty shillings to fifty-three shillings and four pence, cur- rent lawful money of this Colony, then this Congress will make full provision for such increase." " Resolved and Ordered, That the aforesaid report stand confirmed, and that it be deemed, esteemed and taken in all things as a resolve and order of this Congress. And " Resolved, That the rank and number of officers of the said three thousand militia, destined to reinforce the army at New-York, be as follows, to wit : " The detachments from Queens, Kings and Richmond counties to be joined to, and make a part of, the two bat- talions of the city and county of New-York ; that two captains, three first lieutenants and two second lieutenants be appointed in Queens county ; that one captain and one second lieutenant be appointed in Kings county ; and that one captain and one second lieutenant be appointed in Richmond county. " That there be appointed in Westchester county, one colonel, four captains, four first lieutenants and four se- cond lieutenants. " That there be appointed in Suffolk county, one lieu- tenant-colonel, three captains, two first lieutenants and three second lieutenants. " That there be appointed in Orange county, one major, three captains, two first lieutenants and three second lieu- tenants. " That the detachments from the three last mentioned counties, with such addition as is hereafter mentioned, be one battalion. " That there be appointed in the county of Dutchess, one colonel, four captains, five first lieutenants and four second lieutenants, " That there be appointed in Ulster county, one lieu- tenant-colonel, four captains, four first lieutenants and four second lieutenants. " That there be appointed in Albany county, one major, two captains, three first lieutenants and two second lieu- tenants. " That one first lieutenant, one sergeant, one corporal and twenty-two privates from Albany county be joined to the detachment of Orange county ; that one first lieute- nant, one sergeant, one corporal and twenty-two privates from Dutchess county be joined to the detachment of Suf- folk county ; that a sergeant and nine privates from the detachment of Dutches county be added to the two batta- lions of New-York. " That the detachment of 175 men from Albany, and the detachments from Dutches and Ulster (excepting those directed to be joined to the detachments of Orange 488 JOURNAL OF THE PROVINCIAL CONGRESS. and Suffolk, and to the battalions of New-York) be one separate battalion. " Extract from the minutes, " ROBT. BENSON, Secy." A return of officers of a minute company in Smith Town was read. Ordered, That their commissions issue. The Congress proceeded, by ballot, to the choice of a brigadier-general for the four battalions of militia to rein- force the army at New- York, when Mr. Scott was elected in the following maner, to wit : For Mr. Scott. For Genl. Woodhull. New-York, 8 Orange, 3 Westchester, 4 Suffolk, 4 Tryon, 3 Dutchess, 5 Charlotte, 2 Ulster, 4 Alhany, 6 16 23 The Congress having taken into consideration the ap- pointment of a brigadier-general, to take the command of the three thousand of the militia, of the Colony of New- York, destined by the resolve of the Continental Congress of the 3d instant, to reinforce the army at New- York, Resolved and Ordered, That John Morin Scott be, and he is hereby nominated and appointed brigadier-general of the said three thousand of the militia of this Colony, and it is hereby Ordered, That a commission be signed by the Presi- dent for this purpose and issued accordingly. A draft of a commission to John Morin Scott, as briga- dier-general, was read and approved as follows, vizt: "In Provincial Congress, ) "New-York, the ninth day of June, 1776. 5 " To John Morin Scott, Esquire, Greeting : " Whereas the Continental Congress, by their resolu- tions of the 1st and 3d day of June instant, did, among other things, in substance resolve that the Colony of New- York be requested to furnish 3,000 of their militia to rein- force the army at New-York, to be engaged to the first day of December next, unless sooner discharged by Congress ; that a Provincial brigadier-general from New-York, be em- ployed in the New- York department, and that the said brigadier-general should be appointed by this Colony : " We, therefore, reposing especial trust and confidence in your patriotism, valour, conduct and fidelity, do by these presents constitute and appoint you, the said John Morin Scott, Provincial brigadier-general, for the purposes afore- said. You are therefore carefully and diligently to dis- charge the duty of brigadier-general, by doing and perform- ing all manner of things thereunto belonging for the de- fence of American liberty, and repelling every hostile in- vasion thereof. " And we do strictly charge and require all officers and privates, under your command, to be obedient to your or- ders as brigadier-general ; and you are to observe and fol- low such orders and directions, from time to time, in the execution of your said office, as you shall receive from the Continental Congress, or from the Commander-in-Chief for the time being, of the army of the United Colonies, or any other your superior officer, according to the rules and discipline of war. This commission to be enforced until revoked by this, or some future Congress or Legislature of this Colony." Resolved, That the non-commissioned officers and pri- vates of the battalions or detachment of the militia raised in the counties of Albany, Tryon, Charlotte, Cumberland and Gloucester, and destined to reinforce the army in Ca- nada, be allowed a bounty of four dollars each ; and that in case the Continental Congress should not make allow- ance for the same, such bounty shall be at the charge of this Colony. And to expedite the service, it is hereby Ordered, That the Treasurer of this Congress do ad- vance and pay into the hands of Messrs. Henry Glen and John Ten Broeck and Jacob Cuyler, the sum of two thousand eight hundred and eighty dollars, to be applied for that purpose. DIE LUNtE, 9 ho. a. m. June 10th, 1776. The Congress met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, Prest. Mr. Phil. Livingston, Col. Broome, Capt. Denning, Col. Stouten- burgh, Mr. Sands, Major Van Zandt, Mr. Scott, Col. Brasher— New- York. Mr. Haring, Mr. Little— Orange. Mr. Moore, Mr. Harper— Tryon. Col. Van Rensselaer, Mr. Glen, Mr. Ten Broeck, Mr. Cuyler— Albany. Col. Hasbrouck, Major Parks — Ulster. Col. L. Graham, Col. G. Drake, Major Lockwood — Westchester. Mr. Conner, Mr. Journey — Richmond. Genl. Woodhull, Mr. Tredwell, Mr. Strong— Suffolk. Mr. Jas. Livingston, Dr. De Lavergne, Mr. Paul Schenk— Dutches. Mr. Leffertse, Mr. Polhemus— Kings. Mr. Webster— Charlotte. Returns of the officers of the third and sixth companies of the 3rd regiment of Suffolk county militia, were read. Ordered, That commissions issue accordingly. A letter from the Delegates of this Colony at Continental Congress, mentioning that the question of independence was there agitated, and requesting instruction relative thereto, was read with closed door, in the words follow- ing, to wit : " Philadelphia, June 8th, 1776. " Dr. Sir — Your Delegates here expect that the ques- tion of independence will very shortly be agitated in Con- gress. Some of us consider ourselves as bound by our in- structions not to vote on that question, and all wish to have your sentiments thereon. " The matter will admit of no delay, we have therefore sent an express who will wait your oiders. " We are, sir, with the greatest respect, " Your most obt. hum. servts. " WM. FLOYD, " HENRY WISNER, " ROBT. R. LIVINGSTON, " FRANS. LEWIS. " Directed " To Nathaniel Woodhull, Esqr. Prest. of the Hon. the Convention of New- York." Doors opened. The appeal of Thomas Harriot from the decision of the general committee of the city of New- York, that the said Thomas Harriot should be held up as an enemy to his country for having refused Continental bills of credit in payment, and the proceedings before the said committee, were read. The witnesses were examined ; the resolution of the Continental Congress of the 11th day of Jany. last, on that subject, was also read, and the said Thos. Harriot heard in his defence. The same being considered, Resolved, That the decision or determination of the ge- neral committee of the city and county of New- York, in the case of Thos. Harriot, be and is hereby confirmed. Brigadier-Genl. Gates stated to Congress, that the com- missioners who came down Hudson's river, informed him that Fort Constitution is in a bad state of defence. That he has reason to expect the enemy will make a push up the river. That Genl. Washington desires that a regiment of militia be sent immediately there ; and further, that the General requests to know what steps are taken about the militia already ordered. The petition of the vestrymen of the city of New-York, received and read on the inst. being committed to a committee, and no report made thereon, the same being taken into consideration, Resolved, That the sum of £1,500 be by this Congress lent to the justices and vestrymen of the city and county of JOURNAL OF THE PROVINCIAL CONGRESS. 489 New-York, for the purpose of providing for the poor of the said city and county. The said city and county to stand charged with the said sum as lent by the Colony, to be repaid at such time and in such manner as this or some fu- ture Congress or Legislature of this Colony shall direct. And Ordered, That Mr. Peter V. B. Livingston, Esqr. as Treasurer of this Congress, pay to Mr. Abraham Duryee and Peter T. Curtenius, or either of them, as church war- dens and overseers of the poor of the city and county of New-York, the sum of £1,500, to be by them applied in supporting the poor of the said city and county, in the same manner as the money raised by the minister and poor tax for that purpose, hath heretofore been applied. Ordered, also, £100 for Queens county. Returns of militia officers chosen in several towns in Queens county were received and read. Ordered, That commissions issue for the same. The Congress then proceeded to the election of the offi- cers for the two regiments, when the following gentlemen were chosen, to wit : Westchester. — Samuel Drake, colo. Suffolk.— John Hurlbert, lieut. colo. Orange.— Moses Hetfield, major. Dutches. — Corns. Humphreys, colo. Ulster. — Johannes Hardenbergh, lieut. colo. Albany. — Henry Van Rensselaer, major. Monday, 5 o'clock P. M. June 10th, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Phil. Livingston, Esqr. Col. Broome, Capt. Denning, Col. Rem- sen, Mr. Beekman, Mr. Sands, Col. Stoutenburgh, Genl. Scott, Major Van Zandt, Mr. Jay at 8 o'clock— For New-York. Mr. Conner, Mr. Journey — Richmond. Mr. Webster, Col. Malcom — Charlotte. Mr. Glen, Mr. Cuyler, Mr. Ten Broeck, Col. Van Rensselaer — SI- bany. Col. Hasbrouck, Major Parks — Ulster. Col. L. Graham, Col. G. Drake, Major Lockwood — Westchester. Mr. Moore, Mr. Harper — Tryon. Genl. Woodhull, Mr. Tredwell, Mr. Strong— Suffolk. Mr. Jas. Livingston, Mr. De Lavergne, Mr. Schenk — Dutches. Mr. Haring, Mr. Little— Orange. Mr. Polhemus — Kings. The petition of William Tillou of the city of New-York, praying leave to remove with his family to Charlotte pre- cinct in Dutches county, was read and considered. There- upon, Ordered, That the prayer thereof be granted, and that the said William Tillou be and is hereby permitted to re- move from the said city with his wife and family to Dutches county. The Congress then took into consideration the letter re- ceived this morning from the Delegates of this Colony at Continental Congress, which was again read. The powers of this Congress in the resolutions for their election, and the powers of the Delegates at Continental Congress, were also read, and after some time spent in the consideration of said letter, it was Ordered, That the further consideration thereof be post- poned. Sundry resolutions for electing Deputies to form a go- vernment, were also read and discussed, and the further consideration thereof postponed. TUESDAY MORNING, New-York, June nth, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, Prest. Mr. Van Zandt, Col. Broome, Col. Remsen, Mr. Van Cortlandt, Col. Stoutenburgh, Mr. Ph. Livingston, Mr. Sands, Mr. Jay— New-York. Mr. Leffertse, Mr. Polhemus, Mr. Covenhoven— Kings. 123 Mr. Journey, Mr. Conner — Richmond. Col. Blackwell. Mr. Lawrence— Queens. Mr. Cuyler, Mr. Glen, Mr. Ten Broeck, Col. Van Rensselaer— Albany. Mr. Jas. Livingston, Mr. De Lavergne, Mr. P. Schenk — Dutches. Mr. Little, Mr. Van Houten— Orange. Mr. Moore, Mr. Harper — Tryon. Genl. Woodhull, Mr. TredweU, Mr. Strong— Suffolk. Col. Hasbrouck, Major Parks — Ulster- Col. G. Drake, Mr. Haviland, Col. Graham, Mr. Lockwood — West- chester. Col. Malcom, Mr. Webster — Charlotte. On motion, it was ordered that Major Lockwood have leave of absence. Ordered, That Saml. Loudon's application and the par- ties be dismissed, until the further order of this Congress. A letter from Joseph Trumbull, Esqr. Commissary- General, was received and read, and is in the words fol- lowing, to wit : " Gentlemen — I am directed by His Excellency Genl. Washington to apply to you, informing that he understands that considerable quantities of salted pork are shipping from this city and Colony to different foreign ports and places, and that he is apprehensive that the great augmentation of troops to be made here and in Canada, will require all the pork in this and the neighbouring Colonies for their sub- sistence this campaign, until new pork comes in, and there- fore requests your interposition to put a stop to such ex- portations, in such manner as to you shall appear most pro- per to prevent the want of provisions for subsisting the troops employed in the necessary defence of our just rights and liberties. " I am, gentlemen, with great respect, " Your mo. obt. humble servant, " JOS. TRUMBULL, " Commissary of Stores and Provisions. "June Uth. 1776. " To the Honble. the Colonial Congress, New-York." On consideration whereof, the Congress came to the fol- lowing determination and resolution, to wit : Whereas it has been represented to this Congress that great quantities of salted pork and beef have been pur- chased for exportation, which, if not retained, may render the supplies of the army difficult and uncertain ; Resolved, therefore, That no salted beef or pork, ex- cept as much as may be necessary for the use of the crew, be exported from this Colony in any vessel, under any pre- tence whatever, for the space of 14 days, by which time the Continental Congress will have an opportunity of mak- ing some general regulations respecting the same. A draft of an answer to the letter of Jos. Trumbull, Esqr. Commissary-General, received this day, was read and approved of, and is in the words following, to wit : " In Provincial Congress, f "New-York, June Uth, 1776. \ " Sir — Your letter has been received and communicated to the Congress of the Colony. Be pleased to inform His Excellency Genl. Washington, that this Congress has, by a resolution, of which the enclosed is a copy, restrained the exportation of beef and pork for 14 days. " They are of opinion that application should immedi- ately be made to the Continental Congress, in order that a general regulation may take place ; for although this Con- gress will always be ready to pursue such measures as may advance the common cause ; yet the justice due to their constituents, forbids them subjecting their Colony to par- tial restraints. " I am, sir, " Your most obt. servant. " By order. " Jos. Trumbull, Esqr. Commissary of stores and provisions." Ordered, That a copy thereof be engrossed, and signed by the President and transmitted. 490 JOURNAL OF THE PROVINCIAL CONGRESS. A draft of a letter to the Delegates of this Colony at Continental Congress, enclosing copies of Col. Trumbull's letter and answer thereto, and the resolution for restraining the exportation of beef and pork for 14 days, was read and approved of, and is in words following, to wit : " In Provincial Congress, ) "New-York, June Uth, 1776. $ " Gentlemen — I am directed by the Congress of this Colony to transmit the enclosed papers to you, for the pur- pose of being communicated to the Continental Congress. "I am, gentlemen, your mo. obt. servant, " By order. " To the New-York Delegates in Continental Congress." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. The petition of Thomas Wooly, confined in Queens county jail, was read. He therein makes submission for his past offences, and prays to be discharged. Ordered, That the said petition be referred to the com- mittee of Queens county, who are authorized to hear and determine thereon ; and if the said Thomas Wooley shall make such concessions and engagements, (or if they should require it,) give such security as they may think necessary that they may direct him to be discharged. A draft of a letter to the committee of Queens county, covering the petition of Thomas Wooly, was read and ap- proved of, and is in the words following, to wit : " In Provincial Congress, ) " New-York, A. M. June Uth, 1776. $ "Gentlemen — Enclosed you have a petition from Thos. Wooley, to this Congress, which we have chosen to refer to you to judge of ; and if you should think it con- tains a reasonable concession for his offence, you will then give orders for his discharge, only taking security for his future good behaviour, if you should think that neces- sary. " We are, respectfully, sir, " Your most obt. servts. " To the Committee of Queens county." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. A letter from Colo. Ritzema, informing Congress that there are about 30 muskets purchased by the committee of Jamaica, and requesting an order for them, was read. Ordered, That Capt. Riker be and he is hereby autho- rized to receive, from the committee at Jamaica, the said muskets and have them repaired, where necessary, for the use of the troops raised in this Colony ; that Capt. Riker take care that the said committee send a particular account of the price of those arms to Colo. Curtenius, at New- York, and that the said arms pass through the hands of Colo. Curtenius, in such manner that he may be enabled to pay for them, and take proper receipts for them, so that the officer, or officers, to whose company they may be fur- nished may be accountable for them, and that they may be accounted for and paid for to the Colony. Ordered, That Col. Curtenius direct such arms as are fit for the use of soldiers which the general committee of the city and county of New- York- have taken from disaf- fected persons, and sent to him after they are appraised and repaired, where necessary, be put into the Colony store, in the same manner as other arms. Ordered, That Mr. Sands, Mr. Denning and Mr. Ten Broeck, be a committee to inquire into and report the state of the magazines in this Colony, and what quantity of powder is due from the Colony. Ordered, That Capt. Wool examine the situation of Isaac Youngs, a prisoner, and cause the irons to be taken off him, if he thinks it necessary. Tuesday, P. M. June Uth, 1776. The Congress met pursuant to adjournment. Present— Brigadicr-Genl. Woodhull, Prest. And the same members as in the morning, excepting Col. Van Rensselaer, Mr. Lockwood, Mr. Leffertse, Mr. Covenhoven, Mr. Journey and Mr. Conner. Mrs. Betts and a woman from Stone-street, were intro- duced to Congress ; they said they came to be examined respecting a charge of their having kept up a correspon- dence with the Asia ship of war, &c. Ordered, That Mr. Glen and Mr. Schenk be a com- mittee to examine them and report to this Congress. Several resolutions on the subject of independence, mov- ed by Mr. Jay, and seconded by Col. Remsen, were read ; and being again read by paragraphs, were amended and agreed to, and are in the words following, to wit : " Resolved unanimously, That the good people of this Colony have not, in the opinion of this Congress, autho- rized this Congress, or the Delegates of this Colony, in the Continental Congress, to declare this Colony to be and continue independent of the Crown of Great Britain. " But whereas the perseverance of the British King and Parliament in an unjustifiable attempt to subjugate and enslave these United Colonies, may render a determi- nation on that and many other important points highly ne- cessary and expedient, and a recurrence to the people at large for their sentiments on every great question that may occur in the course of the present contest would be very inconvenient to them, and probably be attended with dange- rous delay : " Resolved unanimously, therefore, That it be, and it is hereby, earnestly recommended to all the freeholders and other electors in this Colony, at the ensuing election to be held in pursuance of a resolution of the Congress of the 31st day of May last past, not only to vest their Repre- sentatives or Deputies with the powers therein mentioned, but also with full power to deliberate and determine on every question whatever that may concern or affect the in- terest of this Colony, and to conclude upon, ordain and execute every act and measure which to them shall appear conducive to the happiness, security and welfare of this Colony ; and that they hold and exercise the said powers until the second Tuesday of May next, or until a regular form of government for this Colony shall be established, (in case that event shall sooner take place.) And it is fur- ther recommended to the said freeholders and electors, by instructions or otherwise, to inform their said Deputies of their sentiments relative to the great question of indepen- dency, and such other points as they may think proper." On motion, Agreed, That the publishing of the aforegoing resolves be postponed until after the election of Deputies with pow- ers to establish a new form of government. Ordered, That Mr. Jay and Colo. be a commit- tee to draft an answer to the letter of our Delegates at Continental Congress, received the 10th inst. on the sub- ject of independency. The petition of John Hilton, shewing that he had laden his vessel with beef and pork, and was ready to sail in a few hours, when he was this day informed of the resolve prohibiting the exportation of beef and pork, &c. and praying permission to complete his cargo and depart, was read. Ordered, That Mr. Van Zandt cause the inspector of exportation to collect an account of all the vessels now in this port laden with beef and pork, and the quantity in each, and report the same to this Congress. Ordered, That Colo. Remsen and Colo. Malcom be a committeee to draw and report a plan for drafting, in case of a deficiency of volunteers, to make up the quota of mi- litia of this city and county in the service. Ordered, That Colo. Broome, Col. Van Rensselaer and Mr. Tredwell be a committee to report how the people called Quakers shall be considered and treated in the rais- ing, furnishing and drafting the militia ordered to be em- bodied for service in this Colony. JOURNAL OF THE PROVINCIAL CONGRESS. 491 Ordered, That Mr. Lawrence and Mr. Sands be a com- mittee to consider and report how the 2nd battalion shall be paid. Resolved, That the calling out the militia of the city and county of New-York, for the purpose of raising or drafting their quota of militia for actual service, be deferred until Friday next ; and that the respective colonels of the respective regiments of New-York, cause their regiments to be paraded on that day for that purpose. WEDNESDAY MORNING, June 12th, 1776. The Congress met pursuant^to adjournment. Present — Brigadier-Genl. Woodhnll, Prest. Mr. Jay, Mr. J. Van Zandt, Mr. P. Van Zandt, Mr. Hallett, Mr. Sands, Mr. Brasher, Genl. Scott — New-York. Col. G. Drake, Col. L. Graham, Mr. Haviland— Westchester. Mr. Webster — Charlotte. Mr. Cuyler, Mr. Glen — Albany. Mr. Livingston, Mr. De Lavergne, Mr. P. Schenk — Dutches. Mr. Little, Mr. Van Hoiften — Orange. Mr. Conner, Mr. Journey — Richmond. Mr. Strong, Mr. Tredwell, Genl. Woodhull— Suffolk. Col. Hasbrouck, Mr. Parks — Ulster. Capt. Lawrence, Mr. Blackwell— Queens. Mr. Moore, Mr. Harper— Tryon. Mr. Mercier attended, with a manifest of the cargoes of several vessels now lading in this port. Ordered, That the consideration of John Hilton's peti- tion be postponed, until the expiration of the prohibition contained in the resolutions of yesterday, for preventing the exportation of beef and pork, &c. or until the determina- tion of the Continental Congress, if they should make a prior determination thereon. A letter from Abrm. Yates Junr. enclosing an extract of a letter of Col. Fredk. Bellenger was read, requesting pow- der for the frontier. Ordered, That 1 ,200 pounds of gunpowder be immedi- ately sent to the committee of Albany, for the use of the frontier inhabitants of Albany and Tryon counties, who are most exposed ; and that Mr. R. Norwood, commissary of Colony stores, deliver the said 1,200 pounds weight of gun- powder, in good order, to Jacob Cuyler, Esqr. for the use aforesaid and take his receipt for the same. Ordered, That Mr. Van Zandt, Col. Graham and Mr. Sands be a committee to sell the flour, bread and pease purchased by the Committee of Safety. Ordered, That Mr. Livingston, Mr. Hallett and Mr. Sands be a committee to agree with John McDonald the miner. Resolved, That the calling out of the militia of the city and county of New-York, for the purpose of raising or drafting their quotas of militia for actual service, be deferred until Tuesday next, and that the respective colonels of the militia of the city and county of New- York, and of the counties of Kings and Richmond cause their regiments to be paraded on that day for that purpose. Resolved, That this Congress will give to the general and staff officers a dinner at the public expense ; and, Ordered, That the President wait on His Excellency Genl. Washington to know what day will be most conve- nient to him. Wednesday Afternoon, June 12th, 1776. The Congress met pursuant to adjournment. Present — Genl. Woodhull, Prest. Mr. Scott, Mr. J. Van Zandt, Mr. P. Van Zandt, Mr. Bancker, Mr. Randall — New- York. Mr. Little, Mr. Van Houten— Orange. Col. Blackall, Capt. Lawrence — Queens. Mr. Glen, Mr. Gansevort, Colo. Van Rensselaer — Albany. Mr. Hasbrouck, Mr. Parks — Ulster. Mr. De Lavergne, Mr. Schenk, Mr. Livingston— Dutches. Col. L. Graham, Col. G. Drake, Mr. Haviland— Westchester. Genl. Woodhull, Mr. Strong Mr. Tredwell— Suffolk. Mr. Moore, Mr. Harper— Tryon. Mr. Webster, Colo. Malcom— Charlotte. Mr. Polhemus — Kings. Ordered, That Danl. Goldsmith, the jailer, apply to Mr. Roorback, the barrack-master, for two benches and a table, for the use of the mariners who are prisoners of war ; and that Mr. Roorback supply him with those articles. Generals Putnam and Mifflin having complained to this Congress of the riotous and disorderly conduct of numbers of the inhabitants of this city, which had led this day to acts of violence towards some disaffected persons : it was thereupon, Resolved, That this Congress by no means approve of the riots that have happened this day ; they flatter them- selves, however, that they have proceeded from a real re- gard to liberty and a detestation of those persons who, by their language and conduct, have discovered themselves to be inimical to the cause of America. To urge the warm friends of liberty to decency and good order, this Congress assures the public that effectual measures shall be taken to secure the enemies of American liberty in this Colony ; and do require the good people of this city and Colony to desist from all riots, and leave the offenders against so good a cause to be dealt with by the constitutional representa- tives of the Colony. Mr. Gansevort and Colo. Van Rensselaer took the gene- ral oath of secrecy. The President reported that he had waited on His Ex- cellency Genl. Washington, and that Friday next was fixed on as the most convenient day for His Excellency to accept the invitation of the complimentary dinner resolved to be given him and his officers by this Congress. THURSDAY MORNING, June 13th, 1776. The Congress met pursuant to adjournment. Present — Genl. Woodhull, Prest. Mr. Hallett. Mr. Sands, Mr. P. Van Zandt, Mr. Denning, Mr. Bra- sher, Mr. Randall, Mr. Bancker — New-York. Mr. Van Houten, Mr. Little— Orange. Mr. Polhemus — Kings. Mr. Moore, Mr. Harper — Tryon. Mr. Ten Broeck, Mr. Van Rensselaer, Mr. Gansevoort — Albany. Col. Hasbrouck, Major Parks— Ulster. Col. Drake, Col. Graham, Mr. Haviland, Mr. Tompkins— West- chester. Col. Malcom, Mr. Webster— Charlotte. Genl. Woodhull, Mr. Tredwell, Mr. Strong— Suffolk. Mr. P. Schenk, Mr. Livingston, Mr. Delavergne — Dutches. Col. Blackwell, Capt. Lawrence — Queens. Mr. Conner, Mr. Journey — Richmond. A certificate, dated 31st May, 1776, signed by David Jagger and John Barcley, two of the members of the com- mittee of Hanover precinct, Ulster county, appointed to in- spect the election of the officers of a company of militia ta- ken from the company commanded by Capt. Jackson, (which company was divided by said committee into two compa- nies,) which certificate returned and certified that James Mc- Bride was duly elected captain ; James McClaughry, first lieut. ; Abraham Neely, 2nd lieut. ; and Andrew Neely, ensign. Ordered, That commissions issue accordingly. A letter from Govr. Trumbull, explaining the reasons why he had not sooner answered the letter of this Con- gress of last winter, relative to the people of Connecticut, carrying away James Rivington's types, was received and read, and is in the words following, to wit : " Sir — 1 received your letter of the 12th Deer. ulto. and paid a particular regard to the contents, but the subject 492 JOURNAL OF THE PROVINCIAL CONGRESS. matter being of public concern, by the usage and custom of this Colony, I was not warranted to give an answer be- fore the same was laid before the General Assembly, which was soon after to convene ; when the Assembly met, I early laid your two letters before them ; they appointed a committee to take into consideration the subject matter of your letters, who never made report until near the close of the Assembly, and in the hurry and multiplicity of impor- tant business then crowding, their report was passed over without the Assembly making any resolve thereon. On my return home, I found the unhappy omission, but as the Assembly had the matter under consideration, I could not with propriety make any answer thereto, therefore of necessity it was delayed till the sitting of this Assembly, and can, gentlemen, give you the strongest assurance that the delay in answering those letters, was not from any dis- regard to your respectable body, nor for want of inclina- tion to cultivate the utmost harmony between this and the Province you represent ; and you may be assured, nothing shall be wanting on our part to restore and effect the same. Your candour in imputing the intrusion of a number of our people into your capital, (in the manner they did,) to an imprudent though well intended zeal for the public cause, gives me real pleasure ; and can give you the strongest as- surance that this Colony by no means approve their con- duct, yet a severe censure at this time, upon them, in this unhappy and enervated state of government, might be at- tended with such inconveniences as you will readily appre- hend, and would be needless for me to point out, and which, I dare say, will suggest to you at once a satisfac- tory excuse for our not taking such measures, as might have been expected, in times of peace and quiet ; though in such happy seasons the proper resort for the private injury must have been to the courts of law, which are the only jurisdic- tion who can legally take notice of violences of this kind. As to the public insult, you candidly extenuate by saying that it was noonday, and not in darkness of night, which would be accompanied with terror. Though we by no means approve or justify the people of this Colony taking any part therein ; but the same candour you have expressed in your letter, I presume will induce you to view the matter, so far as it respects this Colony or any of our people being concerned therein, in the still more favourable light, when you reflect that the head or leader of the whole transaction was a respectable member of your city and Congress, who we consider as the proper person to whom the whole trans- action is imputable, and who belongs and is amenable to your jurisdiction alone ; and, therefore, the affair cannot be considered as an intrusion of our people into your Province, but as a violence or disorder happening among yourselves, and not an intrusion from another Colony ; and you have the power to compel the gentleman we point out, to return and restore that property which was taken away, by such methods as you think most proper. Care was taken that the person of Mr. Seabury, who was brought into this Colony, was released and set at liberty. " Your desire signified to us to prevent any of the peo- ple of this Colony from entering into yours for the like purposes, unless invited by your Provincial Congress, or committees, we esteem very reasonable, and you may rely upon it, we do and shall discountenance and endeavour to prevent any such like incursions. " The approbation you express in your other letter of the same date, of our people on request, affording you their assistance in Westchester county, and which came to hand at the same time, gives us much pleasure and shall be ready at all times to afford every friendly aid. We hope what is said on the subject of your letter will prove satisfactory both as to the matter and the occasion of delay in not sooner giving you an answer ; and we hope every jealousy may be removed, and the most friendly harmony and in- tercourse may be renewed, and kept up between this as- sembly and your Provincial Congress, and with whom we sincerely wish to hold the most free and amicable corres- pondence, especially at this time of common danger and oppression. ,: And am with esteem and regard, sir, " Your mo. obt. hble. servt. " JONN. TRUMBULL. " Hartford, June 10, 177G. " The Honble. Nathl. Woodhull." Ordered, That Mr. Sands and Capt. Denning be a com- mittee to wait on Genl. Washington, and ascertain whether he will have further occasion for the attendance of five commissioners now at the forts in the Highlands, and also whether the company of minute men from Orange county militia now at those fortifications, may not be discharged. And whereas it is represented to this Congress that the men of Col. Ritzema's regiment cannot procure their pay, and that they are mutinous for want of it. Therefore, Ordered, That Capt. Denning and Mr. Sands be a committee to call on Colo. Ritzema to know why his men are not paid. Four fishermen were by request admitted. They stated that they have permission from the people of Islip in Suf- folk county, to fish in their bay ; but that the people of Huntington hinder them from bringing their fish down the bay, or crossing towards New-York. The President thereupon advised the said fishermen to procure certificates from Queens county committee, which would protect them from any further interruption. A petition of Mangle Minthorne, who was advertised, praying to be restored, was read. Ordered, That the said petition be referred to Alderman Brasher and Mr. Peter P. Van Zandt. On request of Col. McDougall, Resolved, That Mr. Israel Evans be, and he is hereby appointed chaplain to Col. McDougall's and Col. Ritze- ma's regiments. Resolved, That if Mr. William Tapp shall enlist 20 men in 20 days, for Capt. Van Wyck's company, he shall thereupon be entitled to, and receive the appointment of 2nd lieutenant. Col. McDougall produced to Congress an order of the General, that recruiting officers should have \\ dollars for recruiting fees, and requested to know whether this Congress will grant a like allowance to the officers of his regiment, and direct the auditor accordingly. Colo. McDougall also made a report of the first regiment of troops raised in this Colony for the Continental service, under his command, which was read and filed. Ordered, That Mr. Jay and Mr. Hobart be, and they are hereby appointed two of the members of the committee ap- pointed by this Congress to execute certain resolutions of this Congress of the 5th inst. relative to persons dangerous and disaffected to the American cause, and to persons of equivocal character, and that Colo.Remsen whose necessary attention to the affairs of his battalion engrosses the greater part of his time, be discharged from the said committee. And it is further Ordered, That all the members of the said committee do attend this Congress to-morrow morning, and take the oaths in and by the said resolution prescribed. A sub-committee, from the committee of the city and county of New-York attending, requested permission to in- spect the minutes of Congress. Ordered, That Mr. McKesson furnish the said sub- committee with an abstract of the information they require. A letter from His Excellency Genl. Washington, was received and read, and is in the words following, to wit : " Head-Quarters, \Zth June, 1776. " Sir — I am informed that a number of persons on Long island, (by character not the most friendly to the cause of the United Colonies,) have in their hands considerable quantities of pork, and other provisions, which they refuse to part with for Continental bills. They may have other reasons for their conduct still more detrimental ; and there- fore I must beg the interposition of your Congress in this matter, so as to prevent the evils which are much to be ap- JOURNAL OF THE PROVINCIAL CONGRESS. 493 prehended. The Commissary-General will purchase all their provisions at good prices, and give them Continental bills in pay. Gold and silver he has none. The provi- sions are wanted for the army ; and those who are well wishers to the cause, and live in exposed situations, will undoubtedly be glad to dispose of them. The disadvanta- ges which may result to the public, by leaving them in the hands of men of a different complexion, are too obvious to need animadversion. " I have had your report respecting the obstructions of the navigation of the Hudson river under consideration, and am pursuing measures to carry it into execution with all possible despatch. " With great respect, I remain, sir, " Your mo. obt. humble servt. "GEO. WASHINGTON. '•' To the Honble. the President of the New-York Congress." Ordered, That Mr. Hallett and Mr. Brasher be a com- mittee to wait on J. Trumbull, Esqr. the Commissary-Ge- neral, and ascertain in whose possession the pork is, and also inquire what has become of the pork purchased in Connecticut. Capt. Denning and Mr. Sands, the committee appointed to call on Genl. Washington, returned and reported, that the General has, or will have, an engineer at the fortifica- tions in the Highlands, and says he will not have occasion for the further service of the commissioners there, as he will take the sole direction of those fortifications ; that such minute men as are employed at those fortifications, (only as minute men,) may be discharged ; but that none who are enlisted as Continental troops in Capt. Wisner's company be discharged. Resolved, therefore, That the commissioners employed to superintend the fortifications in the Highlands be, and they are hereby discharged from that service, as being em- ployed by, or under directions from this Congress ; and that all such minute men as are employed at the fortifica- tions only as minute men be immediately discharged ; but that any men who are enlisted as Continental troops in Capt. Wisner's company be not discharged. Thursday Afternoon, June \3th, 1776. Present — Genl. Woodhull, Prest. Genl. Scott, Mr. Hallett, Col. Brasher, Col. Remsen, Mr. Bancker, Mr. Jay, Mr. Randall, Capt. Denning— New-York. Mr. Haviland, Col. G. Drake — Westchester. And from the other counties, the same members as in the forenoon. Mr. James Beekman obtained leave of absence to escort his lady and family to Kingston, and to return as soon as possible. A letter from the Hon. John Hancock, enclosing a reso- lution of the Continental Congress, that all the troops rais- ed in the middle Colonies shall have the same pay as those raised in the eastern Colonies, was received and read. Another letter from the same, giving advice of the ap- proach of a British fleet and army, under command of Ge- neral Howe, was received and read, and is in the words following, to wit : "Philadelphia, June 11th, 1776. " Gentlemen — The Congress have this day received advices, and are fully convinced, that it is the design of Genl. Howe to make an attack upon the city of New- York as soon as possible. The attack they have reason to be- lieve will be made within ten days. I am, therefore, most earnestly to request you, by order of Congress, to call forth your militia, as requested in my letter of the 4th inst. and to forward them with all despatch to the city of New-York, and that you direct them to march in companies, or in any other way that will hasten their arrival there. " The important day is at hand that will decide not only the fate of the city of New-York, but, in all probability, of the whole Province. On such an occasion, there is no ne- 124 cessity to use arguments with Americans. Their feelings I well know will prompt them to their duty, and the sa- credness of the cause will urge them to the field. " The greatest exertions of vigour and expedition are re- quisite to prevent our enemies fromgettingpossession of that town. I must, therefore, again most earnestly request you, in the name and by the authority of Congress, to send forward the militia, agreeable to the requisition of Con- gress, and that you will do it with all the despatch which the infinite importance of the cause demands. " I have the honour to be, gentlemen, " Your mo. obt. and very hble. servt. "JOHN HANCOCK, Preside. "The Honble. Convention, New- York." "In Congress, June Uth, 1776. " Resolved, That letters be immediately wrote by the President and sent by express to the several Colonies who are to furnish militia for the defence of New-York, ac- quainting them with the necessity of forwarding their sup- plies with all possible despatch. " JOHN HANCOCK, Prest." Ordered, That the said letter be immediately communi- cated to Genl. Scott, and that he be desired immediately to take the most effectual measures for expediting the service required of this Colony. Whereas, this Congress have been informed by the Continental Congress, and have great reason to believe that an invasion of this Colony will shortly be made : Resolved unanimously, That it be and it is hereby re- commended to all the officers of militia of this Colony to review the same, and give orders that they prepare them- selves and be ready to march whenever they may be called upon. Ordered, That the foregoing resolutions be published in the public newspapers and printed in handbills to be distri- buted. On motion of Mr. , seconded by Col. Remsen, Resolved unanimously, That the President and 5 or more members of this Congress, for the time being, be au- thorized to order out such detachments of the militia of this county or of the two independent battalions as they may think necessary, to suppress riots or tumultuous meetings in this city at any time when this Congress are not con- vened. Ordered, That the barrack master cause as many of the upper barrack rooms to be cleared out and put in order as Col. Malcolm may direct, for the reception of his regi- ment. DIE VENERIS, 9 ho. a. m. June Uth, 1776. The Congress met pursuant to adjournment. Present— Genl. Woodhull, Prest. Mr. P. Livingston, Mr. Bancker, Col. Remsen, Mr. Sands, Mr. Hal- lett, Capt. Rutgers, Capt. Denning. Colo. Brasher, Mr. Randall — New- York. Col. Blackwell, Mr. Lawrence — Queens. Mr. Polhemus — Kings. Col. Van Rensselaer, Mr. Gansevort — Albany. Col. Hasbrouck, Major Parks — Ulster. Col. Gil. Drake, Mr. Tomkins, Mr. Haviland— Westchester. Mr. Journey, Mr. Conner — Richmond. Mr. Webster— Charlotte. Genl. Woodhull, Mr. Tredwell, Mr. Strong— Suffolk. Mr. Jas. Livingston, Mr. De Lavergne, Mr. Paul Schenk — Dutches. Mr. Little — Orange. Mr. Moore, Mr. Harper— Try on. Resolved, That all proceedings by the loan officers of the city and county of New- York against all persons who owe interest on the principal sums by them borrowed of the Colony, be stayed until the third Tuesday in April next. The securities taken for the payment of the said 494 JOURNAL OF THE PROVINCIAL CONGRESS. principal sums remaining also subject to the payment of the said arrear of interest. A letter from Brigadier-Genl. Nathaniel Greene, dated in camp on Long island this day, was received and filed. He therein requests that his brother, Jacob Greene, be permitted to be inoculated for the small pox, and also that the said Jacob have permission to purchase some guns suitable for a privateer. Ordered, That Philip Livingston, Esqr. delay his re- turn to the Continental Congress, and attend the business of this Congress until further order. Ordered, That Mr. Ph. Livingston be, and he is here- by, appointed a member of the committee constituted by this Congress for the hearing and trial of disaffected per- sons, and persons of equivocal character, according to the resolution of this Congress of the 5th June inst. Ordered, That the administration of the oath to be ta- ken by the members of the committee above mentioned, be postponed until this afternoon. Resolved, That the public records of this Colony, now at the house of Nichs. Bayard, Esqr. be forthwith remov- ed to Kingston, in Ulster county. That Samuel Bayard, Esqr. the Deputy Secretary, be ordered and requested to go and remain with the said records, and continue to exer- cise his office till the further order of this House. That Dirk Wynkoop, Esqr. Col. Abraham Hasbrouck, Joseph Gasherie and Christopher Tappen be, and they are here- by, authorized and directed to provide a proper place for the said records, and proper accommodations for the said Deputy Secretary ; that they have the general superinten- dence of the said records, and, by guards or otherwise, provide for their safety and security. That the said Deputy Secretary leave the seal of the su- preme court with the deputy or one of his clerks, and di- rect him to seal writs and do the common and ordinary bu- siness of the said court. That Mr. Robert Benson, toge- ther with Mr. Bayard, have the direction of the removal of the said records on board of a sloop provided by Mr. James Beekman ; and that Mr. Beekman, with Mr. Bayard, take care of them during the passage, and see them safely landed at Kingston, and committed to the direction of the aforesaid Dirk Wynkoop, Esqr. Colonel Abraham Has- brouck, Joseph Gasherie and Christopher Tappen. Ordered, That if any persons committed to any jail in this Colony by order of this House or any committee there- of authorized to make such commitment, or any of the county commissioners, escape from the custody of the jailer, by design or negligence of the said jailer or jailers to whom they may respectively be committed, the said jailer or jail- ers shall receive the treatment due to the offence whereof the person so escaping stood charged. And, to the end that the said jailer may have all necessary assistance in secur- ing their said prisoners, Resolved, That the county committee, of the several counties, be and they are hereby authorized and required to inspect and cause the jails in their several and respective counties to be made safe and secure, and that this Congress will pay the expense thereof, and charge it to the account of said county. Ordered, That the aforegoing resolution be published. On motion of Mr. Jay, Ordered, That Col. Brasher and Mr. Van Zandt, the committee to whom was referred the petition of Mangle Minturn, report thereon this afternoon. The petition of Azor Betts, confined in the new jail for contravening a resolution of this Congress by inoculating some officers with the small pox, praying to be discharged, was read. Ordered, That it lay on the table. Ordered, That the officer commanding the guard at the City Hall, be requested to permit George Youngs to speak to his sons in custody, this afternoon ; but only in the pre- sence and hearing of the officer of the guard, at such times as it may be convenient to the officer. A letter from John W. Livingston, confined in jail, de- claring his willingness to comply with the resolves of Con- gress, and praying to be discharged, was read and filed. Also a letter from Renier Van Hoese, imprisoned in the City Hall, and praying to be liberated, was read. Ordered, That the said letters be referred to a commit- tee, to consist of Mr. Gansevort and Mr. Lawrence. Mr. Hallett, from the committee appointed to call on Col. Trumbull, Commissary-General, reports, that the said com- mittee waited on Col. Trumbull, who informed them that no person was authorized to receive the pork in question, or pay for it ; that, therefore, the holders sold it. Mr. Abraham Livingston being called in and examined, says, that on being consulted by Col. Trumbull relative to the article of pork, he informed Mr. Trumbull that there was, in his opinion, considerable quantities on Long island; that he thought and was confident in his own mind that the reason why it was not disposed of, was from a dislike many persons here had to receiving Continental money, added to a desire of serving the British fleet and army ; that those persons he believes chiefly resided in Queens and Suffolk counties. Mr. Livingston further informed the Congress, that he has reason to believe there is at least sixty head of horned fat cattle on Sandy Hook, and about one hundred more at or near the Neversinks ; the whole of which he supposes to be the property of Messrs. Hartshorn. Ordered, That Mr. Livingston's information relative to the cattle on Sandy Hook and the Neversinks, be commu- nicated to the Congress of New-Jersey and Genl. Wa- shington. Whereas this Congress have good reason to believe that divers persons on Long island have in store, and have re- fused to dispose of, great quantities of salted pork, which is now wanted for the use of the Continental army : Resolved, That the said persons ought to dispose of the said pork at the market price to the Commissary-General, and on their refusal, that he be and is hereby authorized to take the same, on paying the owner or owners thereof the market price aforesaid. Ordered, That a copy of the aforegoing resolution be enclosed to the Commissary-General. Ordered, That Col. Blackwell, Capt. Rutgers and Mr. Parks, be a committee to settle Col. Drake's and Mr. Duns- comb's accounts about salt and leather. Friday Afternoon, June \Ath, 1776. The Congress met pursuant to adjournment. Present— Genl. Woodhull, Prest. Genl. Scott, Mr. Livingston, Mr. Jay, Mr. Hallettf Mr. Randall, Mr. Stoutenburgh, Mr. Bancker, Col. Brasher, Mr. Van Cortlandt, Col. Remsen, Capt. Rutgers — New-York. Major Parks, Colo. Hasbrouck— Ulster. Mr. Gansevort, Col. Van Rensselaer — Jllbany. Jas. Livingston, Esqr. Mr. De Lavergne, Mr. Schenk, — Dutches. Col. G. Drake, Mr. Tomkins, Mr. Haviland — Westchester. Mr. Moore, Mr. Harper — Tryon. Genl. Woodhull, Mr. Strong, Col. Hasbrouck— Suffolk. Mr. Little, Mr. Van Houten — Orange. Mr. Blackwell, Mr. Lawrence — Queens. Mr. Webster, Col. Malcom— Charlotte. Mr. Cortelyou — Richmond. John Wm. Livingston gave his parol and was discharged, and the resolution of Congress read to him. A draft of a letter to the committee of New-Windsor, in Ulster county, in answer to theirs of the 31st ulto. com- plaining that Mrs. Jonathan Lawrence sold tea at 8*. per pound, and that her husband made Fort Constitution an asylum for that useless herb, was read and approved of, and is in the words following, to wit : "In Congress, New-York, June 1776. "Gentlemen: — We received yours of the 31st ulto. which should have been answered before, but more weighty and urgent business, took up the time of this House. We approve your sending Isaac De Milt to this city. JOURNAL OF THE PROVINCIAL CONGRESS. 495 " The resolves for disarming suspected persons, ex- tends to the Province at large, and has been sent into your county. " As to persons who act contrary to the resolves limiting the price of tea at 6s. pr. lb. we make no doubt but you will act spiritedly against all such as shall be convicted of that offence. Capt. Jonathan Lawrence, with all the com- missioners at the fort, are discharged from their superin- tending. " We are surprised at his conduct, and make no doubt you will treat him and all others according to their demerits after a fair hearing. We recommend your zeal for the public service in this critical and trying hour. " We are, gentlemen, " Your mo. obt. servts. " By order. " To the Committee in New-Windsor, Ulster county." The Congress being informed that John Ten Broeck, Esqr. one of the members of the committee appointed to carry into execution the resolutions of this Congress of the 5th June inst. is very much indisposed, and unable to at- tend. Therefore, Resolved, That Mr. Ten Broeck be discharged from the said committee, and that Mr. Leonard Gansevort be, and he is hereby appointed a member of that committee, in the stead of Mr. Ten Broeck. In pursuance to the order of this morning, the following gentlemen, members of the committee appointed to execute the resolutions of the 5th instant, to wit : Philip Living- ston, Joseph Hallett, Lewis Graham, John Jay, Thos. Tredwell, and Leonard Gansevort, Esqrs. came up to the Chair, and were respectively sworn on the Holy Evangelists, diligently, impartially, without fear, favour, affection, or hope of reward, to execute and discharge the duties im- posed on them by the said resolutions. DIE SABBATI, a. m. June 15th, 1776. The Congress met pursuant to adjournment. Present— Genl. WoodhuU, Prest. Mr. Jay, Mr. Livingston, Capt. Rutgers, Capt. Denning, Colo. Rem- sen, Mr. Randall, Mr. Hallett, Col. Stoulenburgh, Mr. Bancker, Mr. Scott— New- York. Col. Blackwell, Capt. Lawrence — Queens. Mr. Livingston, Mr. De Lavergne, Mr. P. Schenk — Dutches. Mr. Gansevort, Mr. Van Rensselaer— Albany. Col. Hasbrouck, Major Parks — Ulster. Mr. Polhemus, Mr. Leffertse — Kings. Mr. Moore, Mr. Harper — Tryon. Mr. Little — Orange. Genl. Woodhull, Mr. Strong, Mr. Tredwell, Mr. Hobart— Suffolk. Mr. Morris, Colo. Drake, Mr. Tomkins, Mr. Haviland, Col. L. Gra- ham — Westchester. Mr. Webster, Col. Malcom— Charlotte. Mr. Ten Broeck being very sick, has leave of absence to return home. A sailor (Philip Smith,) who made his escape from the Phoenix, being examined, says, that the troops were to set out from Halifax for New-York the 2nd of this month ; that on board the ships at the Hook, it was much wondered where they stayed. This account they received by a store ship from Halifax. A return of officers for a militia company in the district of Musquito Cove, dated Oyster Bay, 13th June, inst. in the words following, to wit : Daniel Cock, capt. ; Robert Coles, 1st lieut. ; Wm. Frost, 2d lieut. ; Wright Craft, ensign. Ordered, That commissions do issue for those gentle- men ; and they were issued accordingly. Resolved, That no military officer in the pay of the Con- tinental Congress, or the Congress of this Colony, ought to be eligible to a seat in the Congress of this Colony. Provided that nothing in this resolution contained, be con- strued to extend to militia officers, who, on a sudden emer- gency, may, for a few days or weeks, be called to action. Ordered, That the aforegoing resolution be published in the newspapers, and printed in handbills, to be distri- buted. Whereas, Micha Lynch and Thos. Hickey, two sol- diers in the Continental army, stand charged on oath with attempting to pass counterfeited money, or bills of credit, which pass current in this Colony : Ordered, That the said Micha Lynch and Thomas Hickey be committed to the guard in the City Hall, where Israel Youngs and others are now confined, and that copies of the affidavits and examinations relating to that matter, be delivered to His Excellency Genl. Washington. Colo. Blackwell, from the committee appointed to take into consideration the case of Colo. Gilbert Drake, relative to a loss of £50 he sustained in receiving and paying out the moneys deposited in his hands, for the purpose of pur- chasing and laying up in store a certain quantity of salted pork, pursuant to an order of the late Provincial Congress, reported as follows, to wit : " Your committee doth report : That the salt taken up by Colo. Drake and Mr. Dunscomb, is part of it now scat- tered about the county of Westchester, and Mr. Dunscomb says, that there is considerable loss ; but they have agreed to collect the salt and make the best of it, and report to this house ; and Mr. Dunscomb says, that if the Congress will not allow him for the loss, that he will bear it himself. " It is the opinion of this committee, that as Mr. Duns- comb was employed by the public that the public should bear the loss should there be any. "It appears to this committee, that Colo. Drake has re- ceived £3,000 from the Treasurer, to pay for pork ordered by the Congress ; he received the cash in packs, without his counting, and in paying it out he sustained a loss of £50, which he is ready to make oath of before this Congress ; and he has spent a considerable time in riding about the country in buying the pork, and other services relating to the same. " It appears to this committee that Colo. Drake ought to be allowed the £50 loss, and a reasonable compensa- tion for his other services." Thereupon, Resolved, That it is the opinion of this Congress that Colo. Gilbert Drake sustained a loss, which accrued in re- ceiving and paying out the public money in purchasing pork by order of the late Provincial Congress. And Resolved, That Colo. Drake be allowed the sum of £70 as a compensation for his services, expenses and commis- sions in purchasing the said pork as aforesaid. Resolved, That the Secretary of this Congress, who shall from time to time be employed by the committee for carrying into execution the resolutions of this Congress of the 5th instant, against persons suspected to be inimical to the cause of liberty, be absolved from his oath of secrecy, as far as may be necessary in the execution of his said of- fice. A draft of a letter to Brigadier-Genl. Greene, in answer to his received yesterday, was read and approved, and is in the words following, to wit : " In Provincial Congress, ? " New-York, 15th June, 1776. $ " Sir — I am directed by the Congress, to inform you that they would be very happy in giving your brother per- mission to be inoculated on Hospital island, but they can- not help considering that spot as improper for the purpose, by reason of its exposed situation, and are, therefore, under the disagreeable necessity of declining a compliance with your request. " The Congress have further directed me, sir, to inform you, that they are equally unfortunate in being obliged to refuse their permission to purchase cannon in this Colony. 496 JOURNAL OF THE PROVINCIAL CONGRESS. The defence of this city, and places in its vicinity, require such extensive works, that so far from parting with the guns now here, we are taking every method in our power to procure more. These reasons, the Congress are confi- dent, will have full weight upon your mind, and therefore decline mentioning the propriety of reserving them for the sea service of the Colony. " I have the honour to be, &c. " By order. " Brigadier-Genl. Nathl. Greene, at the Camp on Nassau island." Govr. Morris, one of the committee appointed to exe- cute the resolutions of this Congress, of the 5th inst. against dangerous and disaffected persons, and those of equivocal character, appeared and was duly sworn, by the President, diligently and impartially, and without fear, fa- vour, affection, or hope of reward, to execute and discharge the duties imposed upon him as one of the members of that committee. Ordered, That John McKesson, Esqr. one of the Se- cretaries of this Congress, do attend the said committee, as their secretary, and that the said committee employ such other assistant secretary, or secretaries, as they may think proper, and such messenger, door-keeper, and other officers, as they may find necessary. Ordered, That the President do absolve (and he did then absolve) the members of the said committee, who are sworn, from their former oath of secrecy, so far as they may think necessary to the execution of the said resolu- tion. Die Sabbati, 5 ho. P. M. June 15th, 1776. Present — Genl. Woodhull, President. Mr. P. Livingston, Mr. Randall, Col. Stoutenburgh, Capt. Denning, Capt. Rutgers — New-York. Mr. Moore, Mr. Harper — Tryon. Col. Hasbrouck, Major Parks — Ulster. Mr. De Lavergne, Mr. Jas. Livingston, Mr. Paul Schenk— Dutches. Major Webster — Charlotte. Mr. Polhemus — Kings. Genl. Woodhull, Mr. Hobart, Mr. Tredwell, Mr. Strong— Suffolk. Col. G. Drake, Mr. Tomkins, Mr. Morris, Mr. Haviland, Col. L. Graham — Westchester. On motion of Mr. Jay, Resolved, That the clergy and licensed physicians be exempted from drafting for the militia to be raised in this city. Resolved also, That such of the firemen be exempted as will agree to form a separate company for the preserva- tion of the city, in case of invasion, and be under the com- mand of the General until the further order of this Con- gress. Resolved, That this Congress will provide for the pay- ment of all such necessary expenses as will be incurred by the committee appointed for carrying into execution the re- solution of this Congress, of the 5th inst. with respect to dangerous and disaffected persons, and persons of equivo- cal character. A letter from Van Home, and other prisoners, in the jail, was read and referred to Mr. Malcom and Mr. Law- rence. Col. Malcom and Col. Brasher reported to Congress, that there would be no riots this night. SUNDAY MORNING, 9 o'clock. June 16th, 1776. The Congress met pursuant to adjournment. Present — General Woodhull, President. Col. Stoutenburgh — New-York. Col. G. Drake, Mr. Tompkins, Mr. Haviland— Westchester. Mr. Harper, Mr. Moore — Tryon. Mr. Gansevort, Col. Van Rensselaer — Jllbany. Mr. P. Schenk, Mr. De Lavergne, Mr. Jas. Livingston— Dutches. Major Webster— Charlotte. Genl. Woodhull, Mr. Tredwell, Mr. Hobart— Suffolk. Col. Hasbrouck, Major Parks — Ulster. Adjourned till to-morrow morning, 9 o'clock. MONDAY MORNING, New-York, June 17th, 1776. Present — Brigadier-Genl. Woodhull, President. Mr. Jay, Mr. Livingston, Mr. Sands, Mr. Randall, Mr. Stoutenburgh, Mr. Van Zandt — New- York. Mr. Schenk, Mr. Livingston, Mr. De Lavergne — Dutchess. Mr. Van Houten — Orange. Mr. Gansevort, Mr. Van Rensselaer — Albany. Mr. Morris, Mr. Haviland, Col. G. Drake, Mr. Hopkins— Westches- ter. Mr. Moore, Mr. Harper — Tryon. Genl. Woodhull, Mr. Strong, Mr. Hobart, Mr. Tredwell— Suffolk. Mr. Hasbrouck, Mr. Parks— Ulster. Col. Joseph Marsh— Cumberland. Mr. Webster— Charlotte. Colo. Joseph Marsh, one of the Deputies from Cumber- land county attending, delivered in his credentials, subscrib- ed by Benjamin Carpenter, chairman of the county com- mittee, and attested by Joel Matthews, clerk, which was read and filed, whereby it appears that Colo. Wm. Wil- liams and Colo. Joseph Marsh, were duly elected, and that they, or either of them, are constituted and appointed to represent the said county in this Congress. Ordered, That Col. Joseph Marsh take his seat. Colo. Marsh was then sworn and took his seat accord- ingly. Mr. Jay offered to the House a handbill, subscribed with the name of "John Morin Scott," which, in his opi- nion, reflected on the honour and impartiality of this House, and moved that the same be read. The said handbill was then read. Whereupon Mr. Jay moved, and was seconded by Mr. Sands, that the Secretary wait on Mr. Scott with the said publication, and ask him if he is the author of that publica- tion ; which motion was agreed to unanimously. Whereas Michael Lynch and Thomas Hickey, two soldiers in the Continental army, are now confined in the City-Hall under guard, by order of this Congress, on a charge of having knowingly attempted to pass a counterfeit bill of credit, and the back part of a real bill of credit, the full or material part thereof being taken off: Resolved, That the courts of judicature of this Colony, be- ing as yet held by authority derived from the Crown of Great Britain are, for that reason, incompetent to the full and im- partial trial of the said two Continental soldiers, for the offence wherewith they stand charged ; and therefore they must, of necessity, be tried by a court martial only. And Ordered, That the original affidavits and examinations, as to the said two soldiers, together with the said bills, and a copy of this order, be transmitted to His Excellency Genl. Washington. A letter from Isaac Ketcham, requesting to be heard be- fore this Congress, was read. Thereupon Ordered, That the officer commanding the guard at the City-Hall, be requested to bring Isaac Ketcham before this Congress with all convenient speed, and, for that pur- pose, that he cause all fetters and irons to be taken off from the said Isaac Ketcham. Mr. Robt. Benson, one of the Secretaries, reported that he had, pursuant to order, waited on Mr. Scott, and asked him whether the publication signed " John Morin Scott " was published by his order ; that Mr. Scott answered yes, it was published by his order. Mr. Jay then moved, and was seconded by Mr. Web- ster, that a committee be appointed to take that publica- tion into consideration ; and the question being put there- on, it was carried in the affirmative by a large majority. Thereupon JOURNAL OF THE PROVINCIAL CONGRESS. 497 Ordered, That Mr. Jay, Mr. Morris, Mr. Phil. Living- ston and Mr. Hobart, be a committee for that purpose. Colo. Marsh delivered to Congress a copy of the minutes of a committee, appointed by the respective committees of Cumberland and Glocester counties, recommending a brigadier-general and a brigade major, for the militia of Cumberland, Charlotte and Glocester counties, which was read. The persons recommended were Jacob Bailey, for bri- gadier-general, and Simon Stevens, for brigade major. And whereas the militia of Charlotte county is a part of that brigade, and directed to be under the same bri- gadier-general, and it appears by the said minutes that no person from that county attended that meeting : There- fore, Resolved, That a copy of the said minutes of the said committee be forwarded, the first opportunity, to the chair- man of the committee of Charlotte county ; and that the said committee be requested to send some answer in the premises, and that for the present the said recommenda- tion remain for further consideration. Isaac Ketcham, being admitted, informed Congress that he had further conversation with the two soldiers, Lynch and Hickley ; that they both said the person who was to go on board the man of war for cutlasses, was one Gilbert Horbush, an Irishman, as he believed, by trade a blacksmith ; that on Sunday last, divers of their party were admitted to them ; that one of their party was with them this day, and brought them some dinner ; that exami- nant asked his name ; they said his name was John Dyall, though examinant is not altogether certain as to the exact pronunciation of the surname ; that he is a middle sized, well sot Irishman, sandy complexion, hair and eyebrows ; they further informed him that one Horbush, an Irishman, who had been a regular in the last war, kept a public house about 30 rods from their camp, is to be their captain, and an artful fellow ; that said Horbush has received money from the Asia to treat the corps, and that who ever brings to him such a piece of paper (as they showed and gave the examinant, and is by him delivered to the committee,) pays nothing for the reckoning, and may call for what he plea- ses ; that Wm. Green, of the Governor's Life Guards, an Englishman, and a kind of camp major, is of the corps, and acts as a clerk for them ; that as a certain person pass- ed by the window yesterday, they pointed at him, said his name was Taylor ; that he was a constable, had been in the service the last war, an inhabitant of this town, and that he was at the head ; that from their conversation this examinant is of opinion they have not as yet fixed any plan of operation ; that sometimes they talk, when the fleet arrives, of cutting down King's Bridge ; that as many of them as would go over to the regulars, and that such as should be obliged to stay will do more execution than five times the number out of the army ; that a man whom they call Coll. Webb, an old countryman, who came from on board the ships, is now travelling about in New-England as a private gentlemen ; that he has money and is bribing the men of note who can lead others ; that they say the enemy are to land at three places in this Province — on Long island, Staten island, either on the island of New-York, or about it ; that they deferred appointing all their officers, lest it should breed a a wrangle among them, and the disappointed ones should discover them ; that Hickey says a number of the rifle- men on Staten island, and the Cape Cod men are concern- ed ; Lynch says only five of the artillery are, to his knowledge, engaged ; Hickey says more ; that they had sounded the hairy caps, but had not divulged the matter to them in full, but believed the greater part of them might be brought over ; that there was a proclamation of the King on board the ships offering free pardon to all who would come over before the time of action ; and also a conside- rable encouragement as to land and houses. 125 The charge of secrecy was given from the Chair to the members, relative to the information given by said Ketcham. Monday Afternoon, New-York, June \lth, 1776. The Congress met pursuant to adjournment. Present — Brigadier-Genl. WoodhuU, President. Mr. Livingston, Mr. Jay, Mr. Sands, Mr. Randall, Mr. Stoutenburgh, Mr. Denning, Mr. Remsen— JVeu> York. Col. Drake, Mr. Morris, Mr. Tompkins, Mr. Haviland— Westchester. Mr. Gansevort, Col. Van Rensselaer — Albany. Mr. Van Houten— Orange. Col. Hasbrouck, Major Parks — Ulster. Mr. Moore, Mr. Harper — Tryon. Mr. Marsh— Cumberland. Genl. Woodhull, Mr. Hobart, Mr. Tredwell, Mr. Strong— Suffolk. Mr. Schenk, Mr. J. Livingston, Mr. De Lavergne, Col.M. Graham — Dutches. Jno. Polhemus — Kings. Mr. Webster, Col. Malcom— Charlotte. Col. Morris Graham took the general oath of secrecy. Mr. Clinton having communicated the substance of a conference he had with His Excellency Genl. Washing- ton ; Ordered, That Mr. Ph. Livingston, Mr. Jay and Mr. Morris, be a secret committee to confer with Genl. Wa- shington, relative to certain secret intelligence communi- cated to this Congress, and take such examinations relative thereto as they shall think proper. The Congress then examined Henry Dawkins, on the charge against him and Philip Youngs, Israel Youngs and Isaac Youngs, for counterfeiting bills of credit ; from which examination it would seem, that Philip Youngs was not concerned with his brothers, or had any knowledge or agency in counterfeiting the bills of credit in question. Whereupon it was Ordered, That Philip Youngs be discharged for the pre- sent, and he is hereby discharged accordingly. Col. Remsen stated to Congress that it would be proper to lessen the quota of militia to be raised in New-York ; because, 1st. Their quota is too large, and will take two men out of every five, which is a much larger proportion than in any other county. 2nd. Because many of them are to be placed under of- ficers not of their election. And 3rd. By a draft, the poor man who has no real estate and very little personal property, is placed on a footing with a man of opulence. Col. Remsen further mentioned, that £3 per man bounty is given in New-Jersey, and drafting thereby dispensed with, and that they compute all men who have there resid- ed but 15 days. The above statement was also confirmed by Colo. Lott and Major Abeel, who suggested further difficulties. Colo. Remsen thereupon moved that the quota of mili- tia to be raised by New-York be lessened ; and after some time spent in the consideration thereof, the said was with- drawn ; and the Congress determined and Resolved, That Capt. Hamilton's company of artillery be considered so many and a part of the quota of militia to be raised or furnished by the city and county of New- York. A letter from the Honble. John Hancock, enclosing a re- solution of the Continental Congress of the 14th inst. pro- hibiting the exportation of salted beef and pork, and a re- solution of the same date, recommending it to the Conven- tion of New- York to make effectual provision for detecting, restraining and punishing disaffected and dangerous per- sons, were respectively read. Ordered, That the said resolution prohibiting the expor- tation of beef and pork, be published in all the public news- papers. 498 JOURNAL OF THE PROVINCIAL CONGRESS. TUESDAY MORNING, June 18th, 1776. The Congress met pursuant to adjournment. Present — Genl. Woodhull, Prest. Mr. Livingston, Mr. Hallett, Capt. Rutgers, Mr. Randall, Mr. Jay, Mr. Bancker, Mr. Sands — New-York. Mr. Polhemus, Mr. Leffertse — Kings. Mr. Webster, Col. Malcom— Charlotte. Col. Van Rensselaer, Mr. Gansevort — Albany. Col. Hasbrouck, Major Parks — Ulster. Col. L. Graham, Mr. Tomkins, Col. Drake, Mr. Morris, Mr. Havi- land — Westchester. Mr. Moore, Mr. Harper — Tryon. Genl. Woodhull, Mr. Hobart, Mr. Tredwell, Mr. Strong— Suffolk. Mr. Schenk, Mr. Livingston, Mr. Dc Lavergne, Col. M. Graham — Dutches. Mr. Van Houten — Orange. Col. Marsh — Cumberland. Col. McDougall applied for a commission for his adju- tant, Andrew Taylor, to be 2nd lieut. in Steinrod's com- pany. Col. McDougal also applied for an order to receive arms, as Col. Ritzema's order is out. Resolved, That Col. McDougall's adjutant, Andrew Tay- lor, be likewise 2d lieutenant in Capt. Steinrod's company. Ordered, That Mr. Norwood, the Commissary, deliver to Colo. McDougall, or his order, all the arms fit to be put in the hands of soldiers, he now has or may have in store, in the course of 14 days from the expiration of Colo. Rit- zema's last order. A letter from Lieut. Colo. Livingston, dated at Fort Constitution, June 14th, informing Congress that Capt. Childs has enlisted a company, though not exactly within the time limited by the resolution of this House of the 8th May last ; that he has, during his short stay at the fort, recommended himself by an industrious application to his duty. Resolved, That Capt. Childs and his first lieutenant be entitled to their commissions. Resolved and Ordered, That Ezra Thompson and Jo- nathan Landon, Esqrs. be requested to superintend the clearing out the pits or shafts of the mine in the Nine Partners, belonging to Bogert, Tiebout and others ; and that they hire four proper labourers, at the cheapest rale, to work with John McDonald ; and that the said Ezra Thompson and Jonathan Landon, (if the owner or person in possession of the land wherein the said mine is, should refuse to permit the working or clearing out the said pits,) be, and they are hereby authorized to take posses- sion of the same, and have it valued by two indifferent persons, and transmit to this Congress their proceedings in the premises. Col. Lott informed the Congress that 70 men in Capt. Taylor's company, in his regiment, are willing to turn out voluntarily, if they may choose their own officers. An- swer : Col. Lott is desired to consult Col. Lasher ; and if it is agreeable to him and his corps of officers, Congress have no objection. A certificate from the committee of safety of Gloucester county, dated 29th May, 1776, signed by Jacob Kent, Prest. and attested by Peter Olcott, clerk, was read and filed. It is thereby certified that they had elected field and staff officers for the militia, to wit : Peter Olcott, colonel ; Jacob Kent, lieut. colo. ; Israel Smith, 1st major; Thomas Smith, 2d major ; John Slaugh- ter, adjutant ; Amos Chamberlain, quarter-master. And for officers to regulate the minute men, to wit : Thomas Johnson, lieut. colo. ; Joel Marsh, major ; Si- meon Stephens, adjutant; Fredk. Smith, quarter-master. Ordered, That commissions issue to the field and staff officers of the militia mentioned in the aforegoing certifi- cate ; and that commissions for the minute officers remain for further consideration. A request from the same committee, signed and dated as above, was read and filed, requesting blank commissions for 10 captains, 13 lieutenants and 10 ensigns for the mi- litia ; and 3 captains, 6 lieutenants and 3 ensigns of the minute men. Ordered, that blank commissions for the militia officers be sent ; those for the minute officers to remain for consi- daralion. A letter received some days ago from Augustus Van Home and others, confined by the general committee of New- York, was again read and taken into consideration. Ordered, That it lay on the table for the perusal of the members. Whereas doubts have arisen respecting the true con- struction of a certain association ordered by the late Com- mittee of Safety of this Colony to be presented for sub- scription to the inhabitants thereof : Resolved, That all doubts respecting the true construc- tion of the said association ought to be removed, and that a committee be appointed to prepare and report a resolu- tion for that purpose. Ordered, That Mr. Tredwell, Mr. Hobart and Mr. Jay be the committee. Resolved, That all the privates of the brigade now rais- ing to reinforce the Continental army, who, when dis- charged, may choose to dispose of their arms to the Con- gress of this Colony, shall be paid the full value of the same, to be ascertained by proper persons, under oath, for that purpose, to be appointed by the Congress of this Colony. The Congress being informed that a negro man slave, the property of Colo. Edmund Fanning, with one or two other negroes or mulattoes, have been apprehended by the provost guard as dangerous persons, Ordered, That they be committed to the jail of the city and county of New-York. Ordered, That Mr. Phil. Livingston, Mr. Jay and Mr. Morris be a committee to take their examinations. Ordered, That the jailer of the said jail bring the said prisoners before the said committee at any time and place they may order and appoint. Ordered, That Colo. Remsen and Mr. Tompkins and Mr. Hobart be a committee to inquire whether any, and what, bounties are necessary for encouraging the manufac- turing of salt, saltpetre, gunpowder, gun locks and gun barrels, and report as soon as possible. Ordered, That Mr. Tredwell, Mr. Sands, Mr. Havi- land and Mr. Hobart be a committee to consider and re- port ways and means for providing places of safety in the country for the poor inhabitants of this city in case of an invasion. Mr. Sands informed the Congress that in consequence of an order of the late Provincial Congress, he had ex- ported a cargo of flour, &c. to St. Eustatia, consigned to Mr. Samuel Curson ; that the proceeds of the said cargo had been shipped in gunpowder and medicines, which said gunpowder and medicines were taken by the Ministerial navy ; that there is a balance due to Mr. Curson, of 641 pieces of eight and 4 bits. Mr. Sands requested an order on the Treasurer for the payment of the same. Ordered, That Mr. Sands' application be referred to the committee of pay table. WEDNESDAY MORNING, June 19th, 1776. The Congress met pursuant to adjournment. Present — Mr. Jay, Mr. Hallett, Capt. Rutgers, Mr. Sands, Col. Remsen, Mr. Livingston, Mr. Randall, Mr. P. Van Znndt— New-York. Mr. Morris, Mr. Haviland, Mr. Tomkins, Col. L. Graham — West- chester. Mr. Gansevort, Col. Van Rensselaer — Jlbany. Col. Hasbrouck, Major Parks— Ulster. Mr. Haring, Mr. Pye — Orange. Mr. Webster— Charlotte. JOURNAL OF THE PROVINCIAL CONGRESS. 499 Mr. Tredwell, Mr. Hobart— Suffolk. Mr. De Lavergne, Mr. P. Schenk, Col. M. Graham— Dutchei. Mr. Smith — Queens. Mr. Moore, Mr. Harper — Tryon. Col. Marsh — Cumberland. Brigadier-General Woodhull being absent, John Haring, Esqr. was unanimously chosen President pro tempore Mr. Randall appointed and sworn as one of the commit- tee for dealing with disaffected persons, in the stead of Mr. Haring. Mr. Schenk informed the Congress that Mr. Benson, chairman of Dutches county committee, is attending at the door, and has something to lay before the Congress rela- tive to the said county. Mr. Benson was admitted. He informed Congress of the late proceedings of the committee of Dutches county, with respect to the disaffected persons in said county ; that the militia in the said county have been called out so fre- quently for the purpose of quieting and apprehending disaf- fected persons, as to make it necessary, in the opinion of the said committee, to embody, and keep in constant pay, about 150 men. Mr. Benson was requested to draw up a state of the cir- cumstances of the said county, and of the requisition of the said committee, in writing, and deliver the same in this af- ternoon. A certificate of militia officers, chosen to the south dis- trict of New Town, Queens county, dated June 17th, sign- ed Jonathan Lawrence and Saml. Morrel, was read ; whereby it appears that Benjn. Coe was chosen captain ; Robert Funnan, 1st lieutenant; Benjn. North, 2nd lieu- tenant, and Jonah Hallett, ensign. Ordered, That commissions issue to those gentlemen ; and they were issued accordingly. Several members being out on committees, the Congress adjourned till 4 o'clock this afternoon. Wednesday Afternoon, June 19th, 1776. The Congress met pursuant to adjournment. Present — Mr. Haring, Prest. pro tern. Mr. Sands, Mr. Denning, Mr. Bancker, Mr. Van Zandt, Mr. Van Cortlandt, Mr. Remsen — New-York. Mr. Tomkins, Col. L. Graham, Mr. Haviland — Westchester. Colo. March— Cumberland. Mr. Gansevort, Col. Van Rensselaer — Albany. Col. Hasbrouck, Major Parks — Ulster. Mr. Haring, Mr. Pye— Orange. Mr. Moore, Mr. Harper — Tryon. Mr. Tredwell, Mr. Hobart— Suffolk. Col. Graham, Mr P. Schenk— Dutches. Mr. Smith — Queens. Mr. Journey, Mr. Cortelyou — Richmond. Mr. Webster— Charlotte. Ordered, That Colo. Taylor be, and he is hereby, re- quested to deliver to Colo. Malcom, or his order, the oil, &c. which was taken out of the light-house some time since, and that Colo. Malcom be requested to take the charge of, and keep the same, till further orders. Egbert Benson, Esqr. chairman of Dutches county com- mittee, attended, pursuant to older of this morning, with a written statement of the reasons and requisition of the said committee, which being read, Mr. Benson then withdrew. The Congress took the same into consideration. Ordered, That the same be committed to the considera- tion of the members of Dutchess, Westchester and Ul- ster counties, who are requested to report in the morning. A letter from Abraham Yates, Junr. Esqr. chairman of the committee of Albany, acknowledging the receipt of the resolve of this House, of the 13th inst. with an assurance that they will exert themselves in the execution thereof, was read and filed. A memorial, or petition, of Alexander Robinson, Geo. Lyndsay, Peter Sim and Marinus Willet, requesting some encouragement in the manufacturing of salt, was read and filed. Ordered To be referred to the committee for encourag- ing manufacturies of salt, saltpetre, &c. A letter from Robert Boyd, Junr. chairman of the com- mittee of Ulster county, dated New Paltz, 14th June, 1776, relative to an order for 1,000 pounds of gunpowder, order- ed by this Congress for the use of the county of Ulster, was read and filed. A letter from Robert Boyd, chairman of Ulster county committee, dated 14lh June, in answer to a letter from this Congress, to the said committee, requesting them to make inquiry into, and inform this Congress of, the reasons of the two sets of credentials being sent from the said com- mittee to this House, was read and filed. The reasons of Colo. Johannis Hardenbergh, as chair- man of Ulster county committee, which he assigned for signing the said two sets of credentials, and the information of Corns. Schoonmaker, relative to the same matter, both enclosed in Mr. Boyd's letter, were also read and filed. A petition of Gerrit Roorback, praying to be recom- mended to General Washington as barrack master for this city, was read and filed. Ordered To lie on the table. A petition of Azor Betts, (confined by order of this House, for inoculating for the small pox,) praying to be dis- charged. Ordered To lie on the table. Mr. Tredwell and Capt. Denning have leave of absence for a few days. THURSDAY MORNING, June 20th, 1776. The Congress met pursuant to adjournment. Present — Mr. John Haring, Prest. pro tern. Mr. Randall, Mr. Hallett, Mr. Sands, Mr. Van Zandt, Mr. Van Cort- landt — New-York. Mr. P. Schenk, Col. M. Graham, Mr. De Lavergne— Dutches. Mr. Polhemus — Kings. Mr. Gansevort, Col. Van Rensselaer — Albany. Col. Hasbrouck, Major Parks — Ulster. Mr. Journey, Col. Cortelyou — Richmond. Mr. Webster — Charlotte. Mr. Haring, Mr. Pye, Colo. Allison — Orange. Mr. Hobart— Suffolk. Mr. Morris, Mr. Haviland, Mr. Tomkins, Col. L. Graham— West- chester. Mr. Moore, Mr. Harper — Tryon. Mr. Smith — Queens. Colo. Allison took the general oath of secrecy. The committee appointed yesterday, to take into consi- deration the requisition of the committee of Dutches coun- ty, relative to the raising a number of men to keep peace and order, and to suppress the disaffected in the said coun- ty, reported as follows, to wit : " Your committee do report, that " Whereas there are sundry disaffected and dangerous persons in the counties of Dutchess and Westchester, who do now greatly disturb the peace of the said counties, and will most probably take up arms whenever the enemy shall make a descent upon this Colony, to the great annoyance of the said counties in particular, and of other the good people of this Colony: And whereas by reason of the several drafts which have been made in the said counties according to the late recommendation of the Continental Congress, the militia thereof are rendered incapable of keeping peace and order in the said counties, without great inconvenience to themselves, and much injury to, and ne- glect of, their private property; and inasmuch as the interest of this Colony may be materially affected by any dissen- sions which may prevail in the said counties, while the 500 JOURNAL OF THE PROVINCIAL CONGRESS. Continental troops are engaged in the defence of those counties more immediately exposed to the inroads of the enemy : " Your committee are therefore of opinion that it will be prudent to take into the service of this Congress 100 men in Dutches county, officers included, and 50 men, officers included, in Westchester county. The said men to be raised in the said counties respectively, and confined to the service of those counties, and to continue in pay until the 1st day of November next, unless sooner discharged by this or a future Congress." The same being read, and again read paragraph by pa- ragraph, the question was put on the preamble, which was agreed to, except as to the second clause thereof, to which Mr. John Van Cortlandt requested his dissent to be en- tered. The last clause of the said report being then read, de- bates arose, and the question being put whether the House will approve of the said clause as it now stands? Debates arose, and the question being put, it was carried in the affirmative, in manner following, to wit : For the affirmative. For the negative. ■ Westchester, 4 Charlotte, 2 Ulster, 4 New-York, 8 Richmond, 2 — Dutches, 5 10 Kings, 2 Orange, 3 Tryon divided. 20 The question being then put whether the Congress agree with their committee in the said report. Debates again arose, and the question being put, was carried in the affir- mative, in manner following, to wit : For the affirmative. For the negative. Westchester, 4 Charlotte, 2 Ulster, 4 Richmond, 2 New- York divided by Mr. Dutches, 5 Scott's coming in. Kings, 2 Orange, 3 Tryon divided. 20 Thereupon, Resolved, That this Congress does agree with their committee in the said report. Mr. Morris then moved that a committee be appointed to draw up and report an arrangement of the rank of the offi- cers, of their pay and subsistence, as well as the pay and subsistence of the privates, and the most advantageous manner to raise the said men. Debates arose. The ques- tion being put on the said motion, it was carried in the affirmative, in manner following, that is to say : For the affirmative. For the negative. Westchester, 4 Charlotte, 2 Ulster, 4 Richmond, 2 Dutches, 5 New-York divided. Kings, 2 Orange, 3 Tryon, 3 23 Ordered, That Colo. Morris Graham, Mr. Paul Schenk and Mr. Tomkins be the committee, and to report with all possible speed. Mr. Hallelt requested leave of absence for a few days, and that he be dismissed from the committee of secrecy. Agreed unanimously, That Mr. Hallelt have leave of absence, and that he be henceforth discharged from the said committee, and absolved from the qualifications and oath by him taken as a member thereof. A letter from Thomas Brown, a Quaker, complaining of his being drafted out of the militia was read. Referred to Genl. Scott. Thursday Afternoon, June 20lh, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Genl. Scott, Mr. Randall, Mr. Van Zandt, Mr. Jay— New-York. Major Parks, Col. Hasbrouck— Ulster. Mr. Delavergne — Dutches. Mr. Polhemus— Kings Mr. Webster— Charlotte. Mr. Gansevort, Col. Van Rensselaer — Albany. Mr. Haring, Mr. Pye, Mr. Allison— Orange. Mr. Journey, Mr. Cortelyou — Richmond. Colo. Marsh— Cumberland. Mr. Hobart— Suffolk. Col. Lewis Graham, Mr. Haviland, Mr. Morris— Westchester. Mr. Moore, Mr. Harper — Tryon. Whereas, the secret committee appointed the 17th inst. have represented to this Congress that they have dis- covered certain dangerous persons who ought to be ar- rested : Resolved, That the said committee, or any two of them, do cause such persons to be apprehended and secured in such manner as they may think most prudent ; and that they have authority either to employ the militia or obtain detachments of Continental troops from the Commander- in-Chief for that purpose, and that they be so far absolved from their oaths of secrecy as may be necessary thereto. A letter from Colo. Edward Fleming, (enclosing the re- solution of the Provincial Congress of this Colony, dated the 29th day of August, 1775, appointing him deputy ad- jutant-general in the Continental army, with the rank of colonel,) wherein he assigns the reasons for his resignation of the said office, was read and filed. A letter from the New- York Delegates at Continental Congress, dated June 17lh, 1776, acknowledging the re- ceipt of the letter from this Congress, in answer to their former letter on the subject of independence, was read and filed. A letter from Capt. Corns. Steinrods, dated this day, was read and filed, recommending Isaac Ryckman as 2d lieu- tenant. Mr. Hobart, from the committee appointed to consider and report ways and means to prevent the extravagant price of salt, introduced the report of the said committee, which he read in his place. After some time spent therein, Ordered, That the same be recommitted. Mr. Hobart, being the only member of the said commit- tee present, the others being absent with leave, and Mr. Hobart's attendance being absolutely necessary on the se- cret committee, Ordered, That Mr. Parks and Mr. Moore and Mr. De- lavergne, be a committee to reconsider the said report, and report their proceedings thereon with all possible speed. Mr. Jay, from the committee appointed to prepare a re- solution for removing doubts which have arisen respecting the true construction of a certain association ordered by the late Committee of Safety of this Colony to be presented for subscription to the inhabitants thereof, reported the fol- lowing resolutions, which being read were unanimously approved of, and are in the words following, to wit : "In Provincial Congress, > " New-York, June 20th, 1776. J " Whereas, the Continental Congress, on the 14th day of March last, did recommend to the several Assemblies, Conventions and Councils, or Committees of Safety, of the United Colonies, immediately to cause all persons to be disarmed within their respective Colonies, who were no- toriously disaffected to the cause of America, or had not associated, and refused to associate to defend by arms these United Colonies against the hostile attempts of the British fleets and armies : And whereas, the late Committee of Safety of this Colony, did thereupon, on the 27th day of March aforesaid, recommend it to the committees of the several cities, counties, manors, townships, precincts and districts in this Colony, forthwith to cause to be disarmed all persons within their respective districts, who were known to be disaffected to the cause of America, and also JOURNAL OF THE PROVINCIAL CONGRESS. 501 all such persons as should refuse to sign the following as- sociation, vizt : " ' We, the subscribers, inhabitants of in the county of and Colony of New-York, do volun- tarily and solemnly engage, under all the ties held sacred among mankind, at the risk of our lives and fortunes, to defend by arms the United American Colonies against the hostile attempts of the British fleets and armies, until the present unhappy controversy between the two countries shall be settled.' " And whereas, it hath been objected to the said form of an association, that by obliging the subscribers, or as- sociators, in such general and express terms, to defend the United Colonies by arms against the hostile attempts of the British fleets and armies, it deprived them of the rights re- served by the militia regulations, and imposed on them the necessity of marching to the most distant of the Colonies whenever called upon, which construction of the said asso- ciation, however nice and casuistical, is inconsistent and fal- lacious, it being manifest that the militia regulation could, by no rules of construction, be supposed to be repealed and abrogated by any subtle implications drawn from the said association. " But as some of the friends to the American cause have been influenced by this objection, to refuse signing the said association, and in consequence thereof been disarmed, it hath become expedient that the said association should be so explained as to render it free from specious as well as solid objections: and, therefore, "Resolved unanimously, That nothing in the said asso- ciation contained, shall extend or be construed to extend to deprive those who have subscribed it, of any rights reserv- ed to them in and by the said militia regulations ; and to the end that all the freemen of this Colony may associate for the preservation of American liberty, in a form entirely unexceptionable ; "Resolved unanimously, That the following form of an association be and it is hereby recommended to them, vizt : " ' We the subscribers, inhabitants of in the county of and Colony of New-York, do most so- lemnly declare, that the claims of the British Parliament to bind at their discretion the people of the United Colonies in America in all cases whatsoever, are, in our opinions, absurd, unjust and tyrannical, and that the hostile attempts of their fleets and armies to enforce submission to those wicked and ridiculous claims, ought to be resisted by arms. " ' And therefore we do engage and associate, under all the ties which we respectively hold sacred, to defend by arms these United Colonies against the said hostile attempts, agreeable to such laws or regulations as our representatives in the Congresses, or future General Assemblies of this Co- lony have or shall for that purpose make and establish.' " And that all persons who have been disarmed for re- fusing to associate with their countrymen for the defence of the United Colonies, in the form prescribed by the late Committee of Safety, as aforesaid, may have no pretence to complain of injustice, and that they may have a fair op- portunity of convincing the public that their refusal to sign the said association did not arise from a disinclination to defend the rights of America, but merely from objections to sign to the form of the said association, and thereby be restored to the privilege of bearing arms in support of a cause so important and so glorious ; "Resolved unanimously, That all persons (other than those whom the committees of the several counties shall adjudge to be notoriously disaffected to the America cause) who have not associated in the form prescribed by the late Committee of Safety, as aforesaid, be called upon (by per- sons to be appointed by the said committees of the several counties) and requested to subscribe the association con- tained and recommended in and by these resolutions. And " Resolved further, That all such of the said persons as shall subscribe the same, (other than notoriously disaffected persons as aforesaid,) ought to be considered and treated as 126 friends to their country ; and that all arms taken from them and not disposed of to the Continental troops, be restored to them ; and that care be taken that they respectively be paid the full price allowed for such of their arms as may have been delivered to the Continental troops, as aforesaid. "And further, that all such of the said persons as shall refuse to subscribe the same, (together with all notorious disaffected persons,) be forthwith (if not already done) dis- armed, and required on oath to declare and discover whe- ther the arms so to be taken from them, be all the arms they respectively have or had, and if not, where the resi- due thereof, to the best of their knowledge and belief, are deposited and may be found ; and that such of them as shall refuse to take, such oath, be committed to safe custo- dy till they will consent to take it. "Resolved unanimously, That it be and it is hereby re- commended to the committees of the several counties in this Colony, to carry the aforesaid resolution into execution with diligence and punctuality." Ordered, That the aforegoing resolutions be forthwith printed in all the gazettes or newspapers published in this city, and in one thousand handbdls for the use of the coun- ties. Ordered, That the said resolutions be read to every per- son to whom the association thereby recommended shall be offered for subscription. Isaac Ketcham, who was examined by this Congress on the 17th inst. being this day further examined, says, that in his last examination he mentioned a certain Colo. Webb as being now in the charater of a private gentlemen in New- England, bribing leading people there. This examinant says that he was mistaken in the name of that person, and that he is a Major Brown, who was a major in the regular service last war. FRIDAY MORNING, June 2lst, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Mr. Livingston, Col. Stoutenburgh, Col. Remsen, Mr. Randall, Gent Scolt, Mr. Jay, Mr. Morris, (the two last on a committee) — New-York' Col. L. Graham, Mr. Haviland, Mr. Tomkins — Westchester. Mr. Moore, Mr. Harper — Tryon. Col. Van Rensselaer, Mr. Ganscvort— Albany. Mr. Haring, Mr. Pye, Col. Allison — Orange. Col. Blackwell — Queens. Mr. PoIHemus, Mr. Lefferlse — Kings. Mr. Webster, Colo. Malcom — Charlotte. Mr. Wickman, Mr. Hobart— Suffolk. Col. Hasbrouck, Major Parks — Ulster. Mr. Schenk, Col. Graham, Mr. Delavergne, Mr. Van Der Bergh — Dutches. Colo. Marsh— Cumberland. Ordered, That Mr. Hobart and Colo. Stoutenburgh be a committee to contract with Jacamiah Allen for making ^unlocks. Mr. Vandebergh, a member for Dutches, appeared, took his seat and was sworn to the general oath of secrecy. A letter from Robert H. Harrison, Genl. Washington's Secretary, enclosing a letter from Genl. Hand, relative to a suspected dangerous man, named Samuel Witten, was received and read. Ordered, That the said letters be referred to the secret committee. A letter from the Honble. John Hancock, dated at Phila. June 1 8th, 1776, was read. He therein recommends to the Convention of New-York, to empower the General at New-York, to call such part of the militia to his assistance as may be necessary to repel our enemies. A resolution of Continental Congress, of the 17th inst. recommending the measure recommended in the letter of John Hancock, Esqr. and a further recommendation to em- 502 JOURNAL OF THE PROVINCIAL CONGRESS. power the said Commander-in-Chief to impress carriages and water craft, when necessary for the public service, and also to remove ships and other vessels in Hudson's and the East rivers, for the purpose of securing them from the ene- my, was also read and filed. A letter from Ebenezer Haviland, surgeon to the 4th, or Colo. Wynkoop's regiment of the New-York troops, dated this day, relative to a medicine chest, was read and filed. Thereupon Ordered, That Colo. Curtenius be requested to procure a proper chest of medicine foi Col. Wynkoop's regiment, and forward the same to the said regiment as soon as pos- sible. Ordered, That the letter and resolution received this day from the Honble. John Hancock, be committed to the consi- deration of Colo. Blackwell, Mr. Gansevort. Colo. Allison, Col. Hasbrouck, Mr. Journey and Mr. Leffertse, who are requested to report thereon without delay. A letter from Lawrence Kortright, relative to some can- non he has to dispose of, was read and filed. Ordered, That Genl. Scolt and Colo. Malcom be a com- mittee to wait upon Genl. Washington, and represent the subject matter of the said letter to him. The petition of John Carpenter, Matthew Gleaves, and Wm. Wood, setting forth that Danl. Inslow, a butcher, had by force taken from the said Wilber Wood eleven head of cattle, which were brought from the country by the said Wilber Wood for the said John Carpenter and Mat- thew Gleaves, was read and filed. Thereupon, Ordered, That Danl. Inslow attend this Congress im- mediately, and that the doorkeeper inform him of this or- der. Mr. Nichs. Low attending, produced an account against the Congress of this Colony, for 1,503 pounds gunpowder at the rate of £30 per hundred. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of this Congress, pay unto Mr. Nichs. Low the sum of £450 18s. Od. in full for 1, 5031b. gunpowder purchased of him, by order of the Congress of this Colony, on the 16th April last, and take his receipt for the same. Danl. Inslow attending, was called in, as also the com- plainants, who were respectively heard. Thereupon, Resolved and Ordered, That Danl. Inslow do imme- diately redeliver to Wilber Wood the cattle which he took from him, and that he see them safely driven to the yard from whence they were driven. The said Danl. Inslow being called in again, and the order read to him, he was reprimanded from the Chair for his imprudent conduct and discharged. Brigadier-Genl. Scott represented to the House that the service rendered it necessary that a major of brigade be immediately appointed to the detachment of mililia under his command, and requested the Congress to appoint a person to that office. Thereupon, Resolved, That Genl. Scolt be authorized and request- ed to nominate and appoint such person to the said office as he shall think proper. Whereupon Genl. Scott nominated and appointed Mr. Nichs. Fish to be his brigade major, and requested that he be commissioned for that purpose, which was unanimously agreed to. Genl. Scott informed the Congress that the majority in Colo. Lasher's regiment is vacant, and that a major is a very necessary and useful officer in forming a new regi- ment. The same being immediately taken into consideration, it was unanimously Agreed and Ordered, That Colo. Lasher, with his offi- cers, be requested to nominate a proper person for major to his regiment, and return his name to this Congress to be commissioned. Egbert Benson, chairman of the committee of Dutches county, delivered in to Congress a written statement of a charge of bribery and corruption in an election for officers of a militia company in Rhinebeck precinct, and of the pro- ceedings of the said precinct committee thereon. Ordered, To be read, and that the same be taken into consideration when the present hurry of business is over. Friday Afternoon, June 2\st, 1776. The Congress met pursuant to adjournment. Present — John Haring, Prest. pro tern. Mr. Randall, Col. Rerasen — New-York. Mr. Schenk, Mr. Van Derbergh, Col. Graham— Dutches. Col. Marsh — Cumberland. Col. Van Rensselaer, Mr. Gansevort— Albany. Mr. Haring, Mr. Pye, Col. Allison— Orange. Mr. Webster— Charlotte. Mr. Hobart, Mr. Wickham— Suffolk. Mr. Tomkins, Col. Graham — Westchester. Mr. Journey, Mr. Cortelyou — Richmond. Major Parks— Ulster. Col. Blackwell — Queens. Mr. Leffertse, Mr. Polhemus — Kings. Mr. Moore, Mr. Harper — Tryon. The committee appointed to make an arrangement of and report the proper mode for raising the two companies in Dutches county, and one company in Westchester county, delivered in their report, which was read, and be- ing again read paragraph by paragraph, was agreed to : and Ordered, That one of the Secretaries prepare a set of resolves agreeable to the said report ; that they be read to the house in the morning, and if approved of, that certified copies thereof be transmitted to the general committee of Dutches and Westchester counties. On motion, Resolved, That it be recommended to the general com- mittee of Kings county, immediately to take effectual mea- sures that all boats and craft in the bay, on the south and southwest sides of the said county, be drawn up on the up- land, to such a distance from the water as to prevent as much as possible the disaffected persons in that county from keeping up a communication with the enemy ; and that the oars and sails belonging to the said boats and craft, be secured in the most effectual manner. Ordered, That a certified copy of the said resolution be transmitted to the committee of Kings county, and that the President write a letter to the said committee, and re- quest, of them to cause the said resolution to be carried into execution without delay. The committee appointed to take into consideration the letter of the Honble. John Hancock, and the resolve of Congress, (therein enclosed,) delivered in their report in the form of resolutions, which were read. And after some lime spent in considering the same, Ordered, That the further consideration thereof be post- poned till to-morrow morning. Mr. Bancker, one of the members of the committee for au- diting the accounts of this Congress, informed the Congress that Capt. Ezekiel Hyatt, of Col. McDougall's regiment, had delivered into the said committee the billeting roll of his company ; that the said billeting roll has been examined by Gerard Bancker, and found to be true and right ; that the men of Capt. Hyatt's company are very mutinous for want of iheir money, and as there is but one member of the said committee in town, the said billeting roll cannot be paid off otherwise than by an order from Congress. Thereupon, Ordered, That P. V. B. Livingston, Esqr. as Treasurer of this Congress, pay to Capt. Ezekiel Hyatt, of Col. Mc- Dougall's regiment, the sum of £141 Is. lid. in full, for the billeting of the said company. The petitions of William Muckelvain and Stephen Foun- tain, both confined in jail by order of the general commit- tee of New-York, were read. Ordered, That they be referred to the general commit- tee of New-York, who are requested to take the same into consideration. JOURNAL OF THE PROVINCIAL CONGRESS. 503 SATURDAY MORNING, June 22d, 1776. The Congress met pursuant to adjournment. Pbesent — John Haring, Esqr. Prest. pro tern. Mr. Randall, Col. Stoutenburgh, Mr. Van Cortlandt— For New-York. Mr. Haring, Mr. Pye, Mr. Allison— Orange. Mr. Journey, Mr. Cortelyou — Richmond. Mr. Harper — Tryon. Col. Van Rensselaer, Mr. Gansevort — Mbany. Col. Hasbrouck, Mr. Parks — Ulster. Col. Graham — Westchester. Mr. Webster, Col. Malcom — Charlotte. Col. Marsh — Cumberland. Mr. Wickham, Mr. Hobart— Suffolk. Col. Graham, Mr. Vandebergh, Mr. Delavergne, Mr. Schenk — Dutches. Mr. Polhemus— Kings. Col. Blackwell — Queens. The resolutions for raising two companies of 50 men each, officers included, in Dutches county, and one com- pany of 50 men, officers included, in Westchester county, were read, and being again read were unanimously ap- proved of, and are as follows, to wit : " Whereas, there are sundry disaffected and dangerous persons in the counties of Dutches and Westchester, who do now greatly disturb the peace of the said counties, and will most probably take up arms whensoever the enemy shall make a descent upon this Colony, to the great annoyance of the said counties in particular, and of others the good people of this colony : And whereas, by reason of the several drafts which have been made in the said counties, according to the late recommendation of the Continen- tal Congress, the militia thereof are rendered incapable of keeping peace and order in the said counties, without great inconvenience to themselves and much injury to, and neglect of their private property ; and inasmuch as the interest of this Colony may be materially affected by any dissen- tions which may prevail in the said counties while the Con- tinental troops are engaged in the defence of those counties more immediately exposed to the inroads of the enemy : Therefore, "Resolved, That 100 men, officers included, be raised in Dutches county ; and that 50 men, officers included, be raised in Westchester county, and taken into the pay and service of this Congress and confined to the service of those counties, and to continue in pay until the first day of November next, unless sooner discharged by this or a fu- ture Congress of this Colony. "That the 100 men to be raised in Dutches county be divided into two companies, each company to consist of 1 captain, 1 lieutenant, 3 sergeants, 3 corporals, 1 fifer, 1 drummer and 40 privates ; and that the 50 men to be raised in Westchester county consist of 1 captain, 1 lieutenant, 3 sergeanls, 3 corporals, 1 fifer, 1 drummer and 40 privates ; that the pay of those 3 companies be the same as the pay of the Continental troops ; that the captains be allowed 18s. each, per week ; the lieutenants be allowed 12s. each, per week ; and the sergeants, corporals, fifers, drummers and privates, 8s. each, per week, in lieu of all rations and subsistence: "That Melancton Smith be appinted captain of one of the said companies to be raised in Dutches county ; and that John Durlin be appointed captain of the other ; and that Micah Townsend be appointed captain of the said compa- ny to be raised in Westchester county : "That the general committees of the said counties be authorized to nominate and appoint the subaltern officers to the said companies in their counties respectively : " That the said three companies be deemed one corps, and that Melancton Smith be captain commandant ; that Micah Townsend be the second captain in rank ; and that John Durlin be the third captain in rank in the said corps : " That the general committees of the said counties be authorized and requested to appoint a muster master in their respective counties to muster the said companies, and that they transmit the names of such muster masters to the committee (apppointed to audit the accounts of this Congress) without delay : " That the said three companies be subject to the order and direction of the general committee of their respective counties, or such other person or persons as this or a future Congress of this Colony shall direct." Ordered, That a certified copy of the aforegoing reso- lutions be transmitted to the general committees of Dutches and Westchester counties. And Ordered, That commissions be immediately issued to the captains, and that blank commissions be sent to the said committees, to be by them issued to the lieutenants. Resolved unanimously, That the President of this Con- gress, for the time being, be enabled to call to his assistance during the daily adjournments of this Congress, any 5 or more of the members, and to take such measures as they shall judge necessary for the safety and preservation of this Colony ; and that this power be continued until Tuesday the 25th inst. and no longer. Lord Stirling attending, was requested to come in ; he informed the Congress that he thought the guard over the prisoners at the City Hall was insufficient, and desired to know whether the Congress chose to have the said guard reinforced. The President, by order, informed his Lordship that the Congress requests of him to order such reinforcement, as he shall think necessary. Whereas there is reason to apprehend a speedy inva- sion of this Colony by a powerful fleet and army under the authority of the King of Great Britain : And whereas ihis Congress are informed that the Commissary-General of the Continental army has orders, in the purchasing of live cat- tle for the use of the troops, to give the preference to such cattle as are fit for use at or near the sea coasts of the United Colonies : Resolved, therefore, That it be recommended to the in- habitants of this Colony, at or near the sea coasts, to sell at a reasonable price to the said Commissary-General or his deputy, all such cattle as he shall judge are fit for the purpose aforesaid. And whereas disputes may arise about the price, it is recommended to the committees of the several counties, cities, towns, manors, precincts and districts, where the same shall happen respectively, upon application to them from the said Commissary-General, or his deputy for the purpose, to appoint any ihree indifferent persons, upon oath, to value such cattle, and deliver the same to the said Com- missary-General, or his deputy, upon their paying the amount of such valuation. Ordered, That a certified copy hereof be immediately transmitted to the Commissary-General of stores and pro- visions, and that the same be published in all the public newspapers in this Colony. Christopher Duyckinck, one of the owners of the priva- teer barge Washington, attending, was admitted. He re- quested that a commission be granted to John Warner, as commander of the said barge. A commission was accordingly issued to the said John Warner, as commander of the said barge ; and the said John Warner and James Riker, Esqr. attorney at law, en- tered into bonds, as directed by the Honble. the Continen- tal Congress. The resolutions reported by the committee for taking into consideralion the letter from ihe Honble John Han- cock, and the resolve of Congress therein enclosed, which was read yesterday and postponed till this morning, was again read and unanimously agreed to, and is in the words following, to wit : Resolved unanimously, That this Congress will, upon application from the Commander-in-Chief of the army of the United Colonies, call to his assistance, when necessity 504 JOURNAL OF THE PROVINCIAL CONGRESS. shall require it, such part of the militia of this Colony as the said Commander-in-Chief shall think necessary, in case of an invasion of this or a neighbouring Colony, and afford him such other assistance as the situation of affairs may require. Resolved unanimously, That the said Commander-in- Chief be and he is hereby authorized and empowered to impress carriages and water craft within this Colony, when necessary for the public service ; and also to remove ships and other vessels in Hudson's and the East rivers, for the purpose of securing them from the enemy. Ordered, That a certified copy of the aforegoing reso- lutions be immediately transmitted to His Excellency Genl. George Washington. Saturday Afternoon, June 22nd, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Mr. Randall, Col. Stoutenburgh — New-York. Major Parks — Ulster. Mr. Webster — Cliarlolte. Mr. Harper — Tryon. Col. Van Rensselaer, Mr. Gansevort — Albany. Mr. Haring, Mr. Pye— Orange. Mr. Polhemus — Kings. Col. Marsh — Cumberland. Mr. Wickham— Suffolk. Colo. Graham — Westchester. Mr. Schenk, Col. Graham, Mr. Delavergne — Dutches. For want of a representation of a sufficient number of counties, The Congress adjourned to to-morrow morning. SUNDAY MORNING, June 23d, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Col. Broome, Mr. Stoutenburgh — New-York. Mr. P. Schenk, Col. M. Graham — Dutches. Mr. Webster— Charlotte. Mr. Gansevort — Albany. Mr. Haring, Mr. Pye — Orange. Col. Marsh — Cumberland. Mr. Wickham, Mr. Hobart— Suffolk. Col. L. Graham — Westchester. Col. Hasbrouck, Major Parks — Ulster. Mr. Moore, Mr. Harper— Tryon. The Congress adjourned till this afternoon, 5 o'clock. Sunday Afternoon, June 23d, 1776. The same members met and adjourned till to-morrow morning. MONDAY MORNING, June 24th, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Mr. Randall, Col. Broome. Col. Stoutenburgh, Mr. Jac. Van Zandt, Mr. P. P. Van Zandt, Mr. Bancker, Mr. Jay, Mr. Livingston (the last two on the secret committee) — New-York. Col. Marsh — Cumberland. Mr. Gansevort, Col. Van Rensselaer — Albany. Mr. P. Schenk, Mr. De Lavergne, Col. M. Graham— Dutches. Mr. Moore, Mr. Harper — Tryon. Mr. Lefl'ertse — Kings. Mr. Wickham, Mr. Hobart— Suffolk. Mr. Haring, Mr. Pye — Orange. Col. L. Graham — Westchester. Mr. Webster— Charlotte. Col. Hasbrouck, Mr. Parks— Ulster. Lieut. Colo. Stoutenburgh represented to Congress that there are several small young fellows in Colo. Malcom's regiment who have no arms ; that Mr. Norwood has 8 carbines, with accoutrements, in store, which are well cal- culated for those men. Colo. Stoutenburgh requests an order for those arms. Thereupon, Ordered, That Mr. Norwood deliver to Col. Malcom, or his order, the eight carbines with their accoutrements, which are in store, to be put in the hands of some of the small men of his regiment. Ordered, That Mr. Norwood, the Commissary, con- tinue to make and fill cartridges of different sizes, to the amount of half a ton of powder, in addition to the former order. A letter from the Honble. John Hancock, of the 21st inst. enclosing a resolve of Congress of the same date, for raising a new regiment of Continental troops in this Colo- ny, were respectively read and filed. Another letter from the Honble. John Hancock, of the same date, enclosing a resolve of the same date, directing the different Colonies to provide clothing to be laid up in store for the Continental troops, to be disposed of by the Commander-in-Chief, was also read and filed. Ordered, That both those letters and resolves be refer- red to a committee, and that Col. Broome, Col. Stou- tenburgh, and Col. Van Rensselaer, be the committee. A letter from Colo. Jesse Woodhull, of Orange county, enclosing a return of the state of his regiment of militia, was read and filed. A letter from Colo. James Clinton, at the fortifications in the Highlands, was read and filed. He therein informs Congress that his regiment has no surgeon, and recom- mends Petrus Tappen of Poughkeepsie for the office. Ordered, That the Secretaries examine the minutes to see whether a surgeon is not already appointed to the regi- ment. Whereas information has been given to this Congress that sundry persons on Nassau island, disaffected and in- imical to the American cause, are in arms in opposition to the civil authority of this Colony, and with a view of aid- ing the enemies of America : Resolved unanimously, That His Excellency General Washington be, and he hereby is, requested to take the most speedy and effectual measures to disarm and secure all such persons. Ordered, That one of the Secretaries wait upon his said Excellency with a certified copy of the aforegoing resolu- tion. By order of the House, the President directed the mem- bers to keep secret the subject of the aforegoing resolution. Monday Afternoon, June 24th, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Col. Stoutenburgh, Mr. Jay, Mr. Livingston, Genl. Scott, Mr. Ran- dall, Mr. Broome, Mr. Phil. Livingston — New-York. Mr. Moore, Mr. Harper — Tryon. Mr. De Lavergne, Col. Graham, Mr. Schenk— Dutches. Mr. Gansevort, Col. Van Rensselaer — Albany. Col. Hasbrouck, Major Parks — Ulster. Mr. Haring, Mr. Pye— Orange. Mr. Webster— Charlotte. Mr. Wickham, Mr. Hobart, Mr. Tredwell— Suffolk. Mr. Morris, Col. Graham (on a committee)— Westchester. Col. Marsh — Cumberland. Mr. Cortelyou, Mr. Conner— Richmond. Ordered, That Col. Broome and Mr. Tredwell be a committee to contract with some person to furnish provi- sions for the prisoners confined by order of the secret com- mittee. Mr. Morris delivered in an account of moneys by him disbursed necessarily, in the business of the secret commit- JOURNAL OF THE PROVINCIAL CONGRESS. 505 tee of three, to wit : £3 6s. Od. to Win. Leary, £2 4s. Od. to John Sweeny. Ordered, That P. V. B. Livingston, Esqr. as Treasurer of this Congress pay to Govr. Morris, Esqr. £5 10s. 0^. for so much advanced by him to those persons for their services by order of the said secret committee appointed by this Congress, Two letters from Salem committee relative to disaffected persons under bonds to said committee, and who have for- feited them were read. Ordered, To remain for further consideration. Mr. Hobart informed Congress that he had, by order of the committtee of secrecy, directed Stephen Kelsey to come to this city, to assist in detecting a dangerous con- spiracy, said to be carrying on in the army. Mr. Hobart produced the account of the said Kelsey, wherein he charges £3 for his attendance. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer of this Congress pay to Stephen Kelsey the sum of £.\ for his services and attendance in New-Yoik by order of the committee of secrecy. The committee appointed to take into consideration the resolves of Continental Congress of the 19th inst. respect- in the clothing of the troops raised and to be raised in this Colony, delivered in their report, which being read, was unanimously approved of. Thereupon, Resolved and Ordered, That Col. Curtenius be request- ed to procure without delay, on account of this Congress, and on the most reasonable terms, all the coarse woollen cloth that is for sale in and about this city, for the purpose of making coats for the troops raised and to be raised in this Colony for the present campaign ; and if a sufficient quantity for that purpose can not be procured in this city, that he send to the city of Albany and the town of Sche- nectady and elsewhere, and cause to be purchased as much more in addition to the quantity purchased in this city as will be sufficient to make one coat for each soldier so raised and to be raised as aforesaid. That Col. Curtenius procure without delay at the places as aforesaid and elsewhere, brain dressed deer's leather sufficient to make each soldier as aforesaid, one waistcoat and one pair of breeches ; and that he employ a sufficient number of hands to make the said coals, waistcoats and breeches with all possible expedition. That Col. Curtenius procure one blanket, one felt hat, two shirts, two pair of woollen hose, and two pair of shoes, for each soldier raised and to be raised as aforesaid ; and that he cause all the articles hereby ordered to be procured, to be baled, invoiced and stored in proper places, there to remain subject to the order of the Continental Congress or Commander-in Chief of the American army. Mr. Hobart represented to Congress the absolute neces- sity of his going home to take care of and provide places of security for his stock of cattle, which are much exposed to the depredations of the enemy, and requested leave to go home for a few days and a dispensation from his atten- dance on the committee for carrying into execution the re- solves of this Congress of the 5th inst. Ordered, That leave be given accordingly. Mr. Moore being indisposed, has likewise leave to go home. TUESDAY MORNING, June 25th, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Mr. Randall, Col. Broome, Mr. Sands, Col. Remsen, Mr. Van Zandt, Mr Bancker, Genl. Scott, Mr. Van Cortlandt— AW York. Mr. Haring, Mr. Pye, Col. Allison — Orange. Col. Van Rensselaer, Mr. Gansevort — Albany. Col. Hasbrouck, Major.Parks — Ulster. Col. L. Graham, Mr. Morris— Westchester. 127 Mr. Webster, Col. Malcom— Charlotte. Mr. Tredwell, Mr. Wickham, Mr. Hobart— Suffolk. Col. M. Graham, Mr. Schenk, Mr. De Lavergne — Dutches. Mr. Conner, Mr. Cortelyou— Richmond. Col. Marsh— Cumberland. Mr. Moore, Mr. Harper — Tryon. Col. Ritzema attending, was admitted. He informed Congress that the men in his regiment have two months' pay due, and that they are very mutinous and uneasy for want of their pay ; that he has applied to the General for a warrant on the Paymaster-General ; that the General told him that as there was not money sufficent in the treasury to pay off the arrearages of all the regiments, it might create jealousies if Col. Ritzema should receive a warrant for the payment of his regiment. Col. Ritzema therefore requested of Congress the loan of as much money as would satisfy his men for the present. Ordered, 'I hat Col. Van Rensselaer and Mr. Wickham wait upon the Paymaster-General, and make inquiry into this matter. Col. Ritzema further informed this Congress that by the promotion of Major Vissher, the majority in his regiment is become vacant, and requested that another major be appoint- ed as soon as may be, as the regiment stands in great need of such an officer. Col. Ritzema further informed that a 2nd lieutenancy is vacant in Capt. Riker's company, and as it is usual in other regiments for the adjutant to hold a lieutenant's commis- sion, therefore requested the Congress to appoint Pelton his adjutant, to be a second lieutenant likewise. A letter from Col. John Field, of Dutches county, dated 23d inst. informing Congress that several persons in his regiment who have been drafted agreeable to the resolutions of this House of the 9lh inst. refuse to serve ; and that 2 captains in the western regiment of said county, forbid the Colonel to draft any men from their companies, and marched them off the ground and dismissed them. And a resolution (subjoined to the said letter,) of the committee of Fredericksburgh precinct, directing Doctor Crane to wait on the members of Dutches county, now in Provincial Congress, for the advice of Congress on the subject of the aforegoing letter, were respectively read. Ordered, That the consideration thereof be postponed till this afernoon. A letter from the general committee of New-York, re- lative to Augustus Van Horn and others, assigning the principles on which the said committee mean to act, with respect lo the said persons who are under confinement, by order of the said committee, was read and filed. Mr. Randall moved that the letter from the general com- mittee of New-York, relative to Augustus Van Horn and others, be immedialely taken into consideration Debates arose, and the question being put, it was carried in the ne- gative, in manner following, that is to say : For the negative. Suffolk, 4 Orange, 3 Cumberland, 2 Charlotte, 2 Ulster, 4 Dutches, 5 20 For the affirmative. New-York 8 Richmond, 2 10 Die Martis, P. M. June 25th, 1776. The Congress met pursuant to adjournment. Present— John Haring, Esqr. Prest. pro tern. Genl. Scott, Col. Remsen, Mr. Randall, Mr. Bancker, Col. Broome — New-York. Mr. Cortelyou, Mr. Conner— Richmond. Mr. Moore, Mr. Harper — Tryon. Mr. Gansevort— Albany. Major Parks, Col. Hasbrouck — Ulster. Mr. Haring, Col. Allison, Mr. Pye — Orange. Major Webster— Charlotte. 506 JOURNAL OF THE PROVINCIAL CONGRESS. Mr. Hobart, Mr. Tredwell, Mr. Wickham— Suffolk. Col. M. Graham, Mr. Schenk, Mr. De Lavergne — Dutches. Col. L. Graham — Westchester. Col. Marsh — Cwnherland. The letter from Col. John Field, relative to the drafted men in Dutches county who refused to serve, was, agree- able to order of this morning, taken into consideration, and after some time spent therein, was referred to a committee consisting of Col. M. Graham, Col. Allison, and Mr. Wickham. Col. Malcom produced a list of officers of three different companies in his regiment, for whom he requested com- misions, to wit : Prussian Blues. — Henry Brasher, capt. ; Walter Mof- fat, lieut. ; John J. Myer, 2nd lieut. Hearts of Oak. — John Meeks, capt. ; Saml. Fleming, 1st lieut. Caledonian Rangers. — Robt. Smith, capt. ; John Hun- ter, lieut. ; Danl. Neavan, 2nd lieut. Light Infantry. — Manly, 1 st lieut. Ordered, That commissions be issued to those gentle- men, and they were issued accordingly. Genl. Scott informed the Congress that he has waited on His Excellency Genl. Washington, and conferred with him on the subject of small cannon for privateers; that His Excellency desired him to inform Congress, that the mer- chants and others are at liberty to take away and make use of any of the 4 pound cannon. WEDNESDAY MORNING, June 2Gth, 1776. The Congress met pursuant to adjournment. Present— John Haring, Esqr. Prest. pro tem. Mr. Livingston, Mr. Randall, Col. Broome, Col. Remsen, Mr. Jay (on committee,) Mr. Sands, Mr. Bancker, Mr. Van Zandt — New-York. Mr. Conner, Mr. Cortelyou — Richmond. Col. Marsh — Cumberland. Col. Van Rensselaer — Albany. Col. Hasbrouck, Major Parks — Ulster. Mr. Haring, Mr. Pye, Col. Allison— Orange. Mr. Moore, Mr. Harper— Tryon. Mr. Tredwell, Mr. Wickham— Suffolk. Mr. Schenk, Mr. Delavergne, Col. M. Graham— Dutches. Col. L. Graham, Mr. Morris (on committee) — Westchester. Mr. Webster — Charlotte. Col. McDougall requested that the last order he received from Congress on the Commissary for arms for his regi- ment, may be continued for one week longer. Thereupon, Ordered, That Mr. Norwood deliver to Col. McDougall or his order, all the arms he has or may have in store in the course of three weeks from the date of Col. Ritzema's last order. Mr. Sands delivered in a certificate signed by three of the members of the committee of Pay Table, which being read, is in the words following, to wit : " We the subscribers, a committee of Pay Table, ap- pointed by New-York Provincial Congress, do hereby cer- tify that we have examined the accounts of Mr. Peter Cur- tenius, as commissary for necessaries, furnished his com- missions, &c. as per his account and vouchers left with us, and that we find a balance of £4,469 8s. Id. due to him the 8th day of June inst. " COMFORT SANDS, "EVERT BANCKER, "JACOBUS VAN ZANDT. " New-York, June 8th, 1776." Thereupon, Ordered, That Peter Van B. Livingston, Esqr. as Trea- surer of the Provincial Congress of this Colony, pay unto Peter Curtenius the sum of £4,469 8s. Id. being the ba- lance due to him on the 8th inst. (for sundries purchased as Commissary to the Congress of this Congress,) agreeable to a certificate of the committee of Pay Table, dated the 8th inst. A letter from the Honble. John Hancock, dated the 25th inst. enclosing a resolve of Congress of the 24lh inst. de- claring " that all persons abiding within any of the United Colonies and deriving protection from the laws of the same, owe allegiance to the said laws, and are members of such Colony ; and that all persons passing through, visiting, or making a temporary stay in any of the said Colonies, be- ing entitled to the protection of the laws during the time of such passage, visitation, or temporary stay, owe, during the same time, allegiance thereto. That all persons, mem- bers of, or owing allegiance to, any of the United Colonies as aforesaid described, who shall levy war against any of the said Colonies within the same, or be adherent to the King of Great Britain, or others, the enemies of the said Colonies, or any of them within the same, giving to him or them aid and comfort, are guilty of treason against such Colony : " That it be recommended to the Legislatures of the se- veral United Colonies, to pass laws for punishing, in such manner as to them shall seem fit, such persons before de- scribed as shall be proveably attainted of open deed, by people of their condition, of any of the treasons before de- scribed : " That it be recommended to the Legislatures of the se- veral United Colonies, to pass laws for punishing, in such manner as they shall think fit, persons who shall counter- feit, or aid or abet in counterfeiting the Continental bills of credit, or who shall pass such bill in payment, knowing such bill to be a counterfeit ;" were respectively read and filed. Ordered, That Mr. Scott, Col. Brasher, Mr. Hallett, Colo. Broome and Major Parks, be a committee to take the said resolves into consideration. Doctor John Jones and Mr. Thomas Pearsall, (two go- vernors of the hospital in this city,) informed the House that they have in store about £30 sterling worth of medi- cines, which were intended for the use of said hospital ; that Doctor Morgan, director-general of the Continental hospital, has applied to them for the said medicines for the use of the Continental hospital, and that he will pay a rea- sonable price for the same. Dr. Jones and Mr. Pearsall requests the advice of Con- gress in this matter. Agreed, As the opinion of this Congress, that the said medicines ought not to be disposed of, but reserved for the use of the poor, and other inhabitants of this city. Philip Livingston, Esqr. represented to Congress that his attendance at Continental Congress is necessary, and that, with permission of this house, he intends to set out for Philadelphia next Sunday. Thereupon, Resolved, That Mr. Livingston be discharged from his attendance in this Congress, and that he have a dispensa- tion from his attendance as a member of the committee ap- pointed to carry into execution certain resolves of this Congress, relative to persons dangerous and disaffected to the American cause, (afler next Saturday.) A certain John Leaver, from Tryon county, attending, requested a passport to go to Pennsylvania ; and the mem- bers of said county representing him as a friend to the American cause, the following certificate was given to him, to wit : " This Congress, having received satisfactory informa- tion that the bearer, Mr. John Leaver, is a friend to the cause of America, therefore he is permitted to pass unmo- lested." Wednesday Afternoon, June 26th, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro. tem. JOURNAL OF THE PROVINCIAL CONGRESS. 507 Mr. Livingston, Col. Broome, Mr. Randall, Col. Stoutenburgh, Genl. Scott— New- York. Mr. Haring, Mr. Pye— Orange. Mr. Conner, Mr. Cortelyou — Richmond. Col. Van Rensselaer, Mr. Gansevort — Jllbany. Col. Hasbrouck, Major Parks— Ulster. Mr. Morris, Mr. Paulding — Westchester. Mr. Moore, Mr. Harper— Tryon. Mr. Tredwell, Mr. Wickham— Suffolk. Mr. De Lavergne, Mr. Schenk, Col. M. Graham — Dutches. Mr. Webster, Col. Malcom — Charlotte. Col. Marsh — Cumberland. Frequent applications having been made to this Con- gress, by many of the inhabitants of this city, being pro- prietors of the cannon at King's Bridge, and elsewhere in this Colony, for permission to dispose of the same, and His Excellency Genl. Washington having signified his ap- probation that the proprietors of all the four pound cannon be at liberty to dispose of the same. Therefore, Ordered, That the proprietors of any of the four pound cannon, now lying at or near King's Bridge, as also of those at the fortifications in the Highlands, and elsewhere in this Colony, be and they are hereby permitted to dis- pose of the same. Whereas, it has been represented to this Congress that the committee of Albany have sent certain inhabitants of that city and county prisoners to Hartford, in Connecticut, vizt : Abm. Cuyler, Henry Cuyler, Stephen De Lancey, John Duncan, Benjn. Hilton and John Monier, Resolved, That the said committee be requested to make known to this Congress their proceedings against the said persons, and the misdemeanours with which they stand charged. Ordered, That the President enclose a certified copy of the said resolution in a letter to the chairman of the com- mittee of the county of Albany. Col. Van Rensselaer and Col. Broome are appointed a committee to inquire what number of prisoners are come from Long island, and which were taken from on board the ship taken on the south side of Long island, which and how many of them are commissioned officers. A letter from Abel Belknap, chairman at a meeting of the committees of the precincts of Newburgh and New- Windsor in conjunction, dated 24th inst. wherein they represent that the said precincts are destitute of gunpow- der, and request a supply of that article, as also that of lead. Capt. Isaac Belknap, who was sent down with the said letter, was called in, and requested to inform the said com- mittees that the Congress have it not in their power to send them any supply of gunpowder now, but that they expect a quantity hourly, and that the said committees may rest as- sured that this Congress will send them a supply of pow- der on the first arrival of that article. Col. Allison delivered in the report of the committee ap- ointed to take into consideration the letter from Colo. John ield, relative to the men drafted out of his regiment of militia in Dutches county, and who refused to march ; also of two certain captains, who refused to permit any men to be drafted out of their respective companies, and the resolve of a sub-committee of the said county thereon. The same being read was unanimously agreed to. There- upon, Resolved, That whereas information hath been given to this Congress that certain captains in Col. Luddington's re- giment of militia, in Dutchess county, have refused to draft, or permit drafts to be made out of their respective companies, for the purpose of completing the brigade of militia to be raised in this county for the Continental ser- vice, as recommended by this Congress, in pursuance of the resolves of the Continental Congress of the 1st, 3d, and 4lh inst. Resolved, That the general committee of the said county be requested to make inquiry into the premises, and upon due proof of the charge against the said captains to send them under proper guard to this Congress to be dealt with according to their deserts. And whereas, this Congress being also informed that some of the troops already drafted in the said county have refused to march : Therefore, Resolved, That it be recommended to the brigadier-ge- neral and the general committee of the said county to pur- sue the most speedy measures to complete their quotas of the 3,000 militia to be raised in this Colony, agreeable to the resolves of this Congress of the 7lh inst. and to forward their march with all possible speed ; and make return to this Congress of the names of all such persons as neglect or refuse to comply with the aforesaid resolves. Ordered, That a certified copy of the aforegoing resolu- tions be immediately transmitted to the general committee of Dutches county. THURSDAY MORNING. June 27th, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Col. Stoutenburgh, Col. Broome, Mr. Randall, Mr. Van Cortlandt, Mr. P. Livingston, Hr. Hallet — New-York. Mr. Polhemus — Kings. Col. Marsh — Cumberland. Col. Van Rensselaer, Mr. Gansevort — jllbany. Mr. Schenk, Mr. De Lavergne, Col. Graham — Dutches. Mr. Conner, Mr. Cortelyou — Richmond. Mr. Tredwell, Mr. Wickham— Suffolk. Mr. Haring, Mr. Pye, Col. Allison — Orange. Mr. Moore, Mr. Harper — Tryon. Col. Hasbrouck, Major Parks — Ulster. Mr. Morris, Col. M. Graham, Mr. Paulding — Westchester. Col. Blackwell — Queens. Mr. Webster — Charlotte. The committee of Pay Table requested the opinion of Congress whether the 48 men which Col. Lasher was re- quested to furnish to guard the records of this Colony was meant exclusive of officers. Resolved, That it is the opinion of this Congress that the guard of 48 men which Colo. Lasher was requested to furnish to guard the records was intended to be 48 privates, exclusive of officers. Ordered, That Jonathan Holmes be and he is hereby appointed second lieut. in Capt. Riker's company, in Colo. Ritzema's regiment, on condition that he join the said regi- ment with 16 able bodied men in 14 days from this day. Ordered, That a warrant be issued to Mr. Holmes, on the conditions as above mentioned. A motion was made by Mr. Morris, in the words follow- ing, vizt : I move that Augustus Van Horn, Vincent Peirce Ashfield, Thomas W. Moore and John L. C. Roome be sent for, and upon their signing the association and giving security to appear and answer to the charges brought against them, that they be discharged. Debates arose on the said motion, and the question being put it was carried in the affirmative, in manner following, that is to say : For the affirmative. For the negative. Westchester, 4 Tryon, 3 Richmond, 2 Charlotte 2 Kings, 2 New-York, 8 Ulster divided. Mr. Randall dissents. Dutchess, 5 Cumberland, 2 Orange, 3 Col. Allison dissents. 15 16 Thereupon, Resolved and Ordered, That Messrs. Augustus Van Horn, Vincent Pierce Ashfield, Thomas W. Moore and John L. C. Roome be immediately brought before this Congress, in custody of the jailer. Mr. Hallet informed the Congress, at the request of Mr. 508 JOURNAL OF THE PROVINCIAL CONGRESS. Lawrence Kortright, that Mr. Kortright has a certain num- ber of guns, 6 pounders, at the fortifications in the High- lands, and elsewhere ; that sundry persons have applied to Mr. Kortright to purchase the said guns, but that he chooses (if the General or Congress want them) to give them the preference. Mr. Korlwright requests farther, that if the General or Provincial Congress shall please to retain them, that lie may be paid such price for them as they may be reasonably worth. Ordered, That Mr. Hallett and Mr. Jno. Van Cortlandt be a committee to confer with Genl. Washington on the subject. Augustus Van Home, Vincent P. Ashfield, Thos. W. Moore, and John L. C. Roome, attending at the door, were called in, and the association in and by the resolutions of this Congress, of the 20th instant, severally tendered to them. Whereupon the said A. Van Horn, V. P. Ashfield and Thos. W. Moore did, each of them, subscribe the same, and did respectively give security to appear and answer to any charges against them, as inimical to the cause and rights of America. Therefore, Ordered, That the said A. Van Home, V. P. Ashfield and Thomas W. Moore be discharged. The said John L. C. Roome, on the said association be- ing tendered to him declared that it was against his con- science to sign the same, and that if he did it would be only for the sake of being discharged from his present confine- ment, that he might (as he is indisposed) have an opportu- nity of going into the country for the benefit of the fresh air. Thereupon, Ordered, That he be remanded to jail until further order of this Congress. Colo. Van Brunt delivered a return of the captain and 2nd lieutenant for the 58 men, being the quota of the mili- tia of the said county to reinforce the Continental army at New-York, to wit : Jacques Rapalye, capt. and Geo. Car- penter, 2d lieut. Ordered, That commissions be issued, and they were issued accordingly. Ordered, That Capt. William Mercier and Capt. John Berrien be, and are hereby, authorized and requested to inquire and obtain intelligence and proof of, and make an inventory and account of, all the cannon, cannon ball, shells and other military stores, belonging to, and now in this Co- lony, or which have by any means been taken out of this Colony for the use of the Continent, or in the Continental seivice, particularly specifying the weight, number and value of each. Col. McDougall informed the Congress that ten shillings Provincial or Pennsylvania money, equal to 10s. 8d. New- York money, is allowed to officers enlisting in other Colo- nies for each recruit. Ordered, That the like allowance be paid to the officers of the Continental regiments in this Colony, for each re- cruit who shall pass muster. Thursday Afternoon, June 27th, 1776. The Congress met pursuant to adjournment. Present — John Hariri?, Esqr. Chairman -pro tern. Col. Broome, Mr. Hallett, Mr. Van Cortlandt, Mr. Randall— New- York. Mr. Polhemus — Kings. Mr. Moore, Mr. Harper— Tryon. Colo. Van Rensselaer — Albany. Mr Schenk, Col. M. Graham, Mr. Delavergne — Dutches. Col Blackwell — Queens. Col. Marsh— Cumberland. Mr. Tredwell, Mr. Wickham— Suffolk. Mr. Haring, Col. Allison— Orange. Mr. Webster— Charlotte. Col. Hasbrouck, Major Parks — Ulster. Col. L. Graham, Mr. Paulding — Westchester. Mr. Conner, Mr. Corlelyou— Richmond. The letter received yesterday from Col. Reid, adjutant- general, informing Congress that John Alner, a citizen of this city, was taken in custody by the guard at the Nar- rows, on suspicion of having been on board the enemy's ships at Sandy Hook, and that he is now in custody of the guard at the City-Hall. The said Alner being ordered into Congress, was exa- mined. He at first denied that he had been on board any of the said ships ; but, being strictly interrogated, acknow- ledged that he had been on board the enemy's ships at the Hook. His examination, as taken by the Secretary, was read to him and filed ; and the said Alner was remanded to the custody of the said guard. Col. Broome delivered in a list of the names of the offi- cers and soldiers taken on board the transport on the back of Long island, and who are now under guard in this city, which was read and filed. After some time spent in the consideration of the most proper place to send those prisoners to, for their future resi- dence, it was agreed that the futher consideration thereof be postponed until to-morrow morning. FRIDAY MORNING, June 2Sih, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Mr. Randall, Mr. Bancker, Mr. Van Zandt, Mr. Hallett— New-York. Col. Blackwell— Queens. Mr. Polhemus — Kings. Col. Van Rensselaer, Mr. Gansevort — Albany. Mr. P. Schenk, Mr. Delavergne, Col. M. Graham— Dutches. Mr. Conner, Mr. Cortelyou — Richmond. Mr. Wickham, Mr. Tredwell -Suffolk. Mr. Haring, Mr. Pye, Col. Allison — Orange. Mr. Moore, Mr. Harper — Tryon. Col. Hasbrouck, Major Parks — Ulster. Col. L. Graham, Mr. Paulding — Westchester. Mr. Webster— Charlotte. Col. Marsh — Cumberland. A letter from Genl. Schuyler, dated June 24th, 1776, relative to one Faukner, of Tryon county, was read and filed. Mr. Hallet reported that, agreeable to order, he waited upon Genl. Washington, and conferred with him on the subject of Mr. Kortright's cannon ; that His Excellency was pleased to inform him that he intends to retain such of Mr. Kortright's cannon as are fit for the public use, and that he will provide for the payment of the same, according to their value, for which end he will direct a proper person to examine and ascertain their value, and requests that Mr. Kortright employ some person for the same purpose. Ordered, That Mr. Hallett inform Mr. Kortright thereof. Ordered, That Mr. Jacobus Van Zandt, Mr. Randall and Mr. Hallett, members of the marine committee, be, and they are hereby, authorized and empowered to cause the cargoes of the prizes, prize ships and vessels lately ta- ken and seized on the back of Long island, and carried in- to Fire island inlet, to be transported to and stored in such place, or places of security, as they shall think proper; and that they dispose and sell the same (when legally con- demned) in such manner as to them shall appear to be most advantageous for the public interest, and render a just and true account of such sales to this or a future Congress, or Committee of Safety, of this Colony. Friday Afternoon, June 28th, 1776. The Congress met pursuant to adjournment. Present— John Haring, F.sqr. Prest. pro tern. Mr. Jay, Mr. Livingston, Mr. Hallett, Mr. Jac. Van Zandt, Mr. Ran- dall, Col. Broome — New-York. Mr. Polhemus, Mr. Leffertse —Kings. JOURNAL OF THE PROVINCIAL CONGRESS. 509 Col. Van Rensselaer, Mr. Gansevort — Albany. Mr. Schenk, Mr. Delavergne, Col. Graham — Dutches. Mr. Conner, Col. Cortelyou — Richmond. Mr. Tredwell, Mr. Wickham— Suffolk. Mr. Haring, Colo. Allison, Mr. Pye — Orange. Mr. Harper, Mr. Moore — Tryon. Col. Marsh — Cumberland. Major Parks, Col. Hasbrouck— Ulster. Col. Graham, Mr. Paulding — Westchester. Col. Blackwell — Queens. Mr. Webster — Charlotte. Mr. Jay, from the secret committee, brought into Con- gress the examinations and depositions (of sundry persons) taken by the said committee, which he offered to report to the House, with their proceedings. Mr. Jay informed Congress that the said committee have not gone through the whole of the business to which they were appointed, and requested leave to sit again ; which leave was accord- ingly given ; and as the House is very much engaged in other necessary business, Ordered, That the reading of the said examinations and depositions, as well as the receiving of the said report, be postponed for the present ; and Ordered, That Mr. Jay and Mr. Livingston remain in Congress this afternoon. Genl. Washington's letter, together with the opinion of several general officers at a council held on the subject of disaffected and dangerous persons, as also on the subject of removing or securing the stock, cattle and horses on Nassau and Staten islands, were respectively read and filed. The former is in the words following, that is to say : » Sir — The necessity of the most vigorous and decisive measures in our present circumstances will, I doubt not, justify to your Honourable Body the removal of the stock of cattle and horses from those parts of the coast most ex- posed to the enemy. After a long and fatiguing voyage, they will need refreshments of this nature, and there is no doubt they will have them if possible on any terms. Com- mon prudence, therefore, and a regard to our own safely, strongly evinces the necessity of depriving them of such supplies as will enable them to act with more vigour and spirit against us. Though painful and disagreeable, it seems to be a measure which the great law of self-preser- vation now requires. Enclosed, I transmit the unanimous resolution of a council of general officers, advising such removal without delay, in which it is proposed to pay a suitable regard to the necessities of the people. I flatter myself that in a matter of such importance and difficulty, the Honourable Body over which you preside, will ap- prove of the proposal, and carry it into execution, or co- operate with me in the most effectual steps for this purpose. " I have the honour to be, With the greatest respect and regard, sir, " Your obt. hble. servant, " GEO. WASHINGTON. " Head-Quarters, New-York, June 27th, 1776. "To the Honble. the President of the Provincial Congress, New-York." Resolution of the council enclosed. " In considering the several matters which your Excel- lency has been pleased to refer to us, we do with regard to Long island and Staten island, think it absolutely necessary for the safety and defence of this Colony, that all the stock of cattle and sheep (except such as may be requisite for the present subsistence of the inhabitants,) be removed to a distance from the sea coast, and that this be done imme- diately, as on the arrival of the enemy it will be impossible to give attention to this matter ; and also that all the horses be either removed, or put under such regulations as that they may be removed on the first approach of the enemy. And with regard to the disaffected inhabitants who have late- ly been apprehended, we think that the method at present adopted by the county committee, of discharging them on I 128 their giving bonds as a security for their good behaviour, is very improper and ineffectual, and therefore recommend it to your Excellency to apply to the Congress of this Pro- vince, to take some more effectual method of securing the good behaviour of those people, and in the mean time that your Excellency will order the officer in whose custody they are, to discharge no more of them, until the sense of Congress be had thereon. " WILLIAM HEATH, " JOS. SPENCER, " NATHANIEL GREENE, " STIRLING. " June 21th, 1776." Thereupon, Ordered, That Mr. Wickham, Mr. Conner, Mr. Tred- well, Colo. Blackwell and Mr. Leffertsebe a committee to confer with His Excellency Genl. Washington on the sub- ject of removing or securing the cattle and stock from such parts of Nassau and Staten island, as are most exposed to invasion, and that they have power to co-operate with His Excellency, in carrying into execution all such measures as they may, in conjunction with him, concert and adopt for that purpose. And Ordered, That the same committee confer with the General on the subject of his application, contained in Colo. Reid's letter, relative to disaffected persons who are now, or may be, in the custody of any of his officers. A letter from Colo. Reid, with the letter from Lieut. Davidson, on board the Schuyler, armed sloop, at Fire island inlet, giving information of Genl. Howe's sailing with the fleet from Hallifax for New-York, was read. Ordered, That the said letters be referred to Genl. Scott. Resolved and Ordered, That Colo. Broome, Colo. Van Rensselaer and Col. Brasher, or any two of them, be a committee to superintend the prisoners of the Continental Congress in this Colony, and of the Congress of this Co- lony ; and that they be authorized to employ proper persons to furnish the said prisoners with rations, agreeable to cer- tain resolves of the Continental Congress of the 21 st May last, and generally to take care that the said prisoners be properly secured and disposed of, and treated with justice and humanity. Ordered, That Col. Allison and Mr. Pye be a commit- tee to inquire into the conduct of Capt. Blauvelt's company of militia, on the south side of the mountains in Orange county, who have not drafted their quota of men to rein- force the Continental army at New-York. Resolved, That Colo. Allison be, and he is hereby, au- thorized and requested to cause all the saltpetre which he hath, or shall purchase on account of the Colony, pursuant to a resolve of the Congress of this Colony, to be manufac- tured into, or exchanged for, good gunpowder, and that he deliver any quantity thereof not exceeding 500 weight to the general committee of Ulster county, to be disposed of by the said committee in such manner as they shall think proper for the defence of the said county. A draft of a letter to the committees of Huntington and Southold, relative to deserters from on board the Provincial armed sloop Montgomerie, now lying at Fire inlet, on the south side of Long island, was read and approved of, and is in the words following, to wit : " In Provincial Congress, 5 " New-York, 2Sth June, 1776. $ "Gentlemen — We have received information that six men, vizt : Thos. Butler of New- York, Richd. Guilder- sleeve, Ebenezer Conklin and Solomon Ketchum, Junr. of Huntington, and Jonn. Armstrong and Elisha Reeves of Southold, belonging to the sloop Montgomery, Capt. Wil- liam Rogers, did, on the night of the 19th inst. desert from Fire island. We think it necessary that every measure should be taken to discourage such desertions, and there- fore request you to use your endeavours to secure said deserters, especially such of them as belong to your dis- JOURNAL OF THE PROVINCIAL CONGRESS. 510 trict, and cause them to be returned to the said Capt. Ro- gers as soon as possible, who has offered a reward of 2 dollars besides reasonable charges for each man thus se- cured and returned to him. " We are, gentlemen, " Your very hble. servts. " By order. " To the Committee of Huntington and Southold." Ordered, That copies thereof be engrossed, and signed by the President pro tern, and transmitted. SATURDAY MORNING, June 29th, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Col. Broome — New-York. Mr. Schenk, Mr. Delavergne, Col. M. Graham — Dutches. Col. Blackwell— Queens. Mr. Gansevort, Col. Van Rensselaer — Jllbany. Mr. Haring, Mr. Pye, Col. Allison — Orange. Mr. Polhemus — Kings. Mr. Tredwell, Mr. Wickham— Suffolk. Col. L. Graham, Mr. Paulding — Westchester. Mr. Moore, Mr. Harper — Tryon. Col. Hasbrouck, Major Parks — Ulster. Mr. Conner, Mr. Cortelyou — Richmond. Colo. Marsh— Cumberland. Mr. Webster— Charlotte. David Salisbury Franks, from Canada, produced a cer- tificate dated at Chamblee, 31st May, and signed by Samuel Brewer, aid-de-camp, and another certificate dated at Al- bany on the 20th inst. and signed by Abm. Yates, Junr. chairman of the Albany committee, whereby it appears that the said Franks is a friend to the American cause, and is permitted to go to New-York with his man servant, on private business. Mr. Franks requested a certificate for himself and ser- vant, to go to Philadelphia. Thereupon the following cer- tificate and pass was given him, to wit : " This Congress having assurance of the friendly dis- position of the bearer hereof, Mr. David S. Franks, to the cause and rights of America, do recommend that he be permitted to pass with his man servant to the city of Phi- ladelphia." A letter from the Honble. John Hancock of the 26th inst. was read and filed, and is in the words following, to wit : " Philadelphia, June 26th, 1776. " Gentlemen — You will perceive from the enclosed resolves, which I do myself the honour of transmitting in obedience to the commands of Congress, that they have appointed not only the field officers in the regiment to be raised in your Colony, but likewise a number of subalterns. The reason that induced Congress to take this step, as it is a deviation from rule, should be particularly mentioned. I am, therefore, directed to inform you, that in consequence of their being furnished with a list of the officers who had served in Canada, they have been enabled to appoint, arid in fact have only appointed, such as were originally recom- mended and appoitited by the Provincial Congress of your Colony, and have served faithfully both the last summer campaign, and through the winter. " It is apprehended, therefore, the Congress have only anticipated you in their appointments, and that the same gentlemen would have met with your approbation for their services to their counlry ; added to this, the last intelli- gence from Canada showing our affairs to be in the most imminent danger, rendered the utmost despatch necessary, that not a moment's time might be lost. " The other officers of the battalion I am to request you will be pleased to appoint, and exert every nerve to equip the battalion as soon as possible. As an additional en- couragement, the Congress have resolved that a bounty of ten dollars be given every soldier who shall enlist for three years. " I have the honour to be, gentlemen, " Your mo. obt. and very hble. scrvt. " JOHN HANCOCK, Prest. " The Honble. Convention, New-York." The resolutions of the Continental Congress of the 26th inst. referred to in the letter above mentioned, from the Honble. John Hancock, commissioning Major Dubois as colonel, with instructions forthwith to raise a regiment to serve for three years, or during the war, and also appoint- ing several officers in said regiment, were also read and filed. The application of Joseph Dwight for a commission as letter of marque for the briganline Enterprize, burthen 160 tons, accompanied by a report or manifest of her warlike stores, was read. Ordered, That a commission issue. Thereupon, the said Joseph Dwight, commander of said brigantine, and William Bell of Philadelphia, merchant, and Archibald Mercer, entered into bonds conformable to the regulations of the Continental Congress. The application of Stewart Deane, for a commission as letter of marque for the sloop Beaver, with a manifest of her warlike equipments, was read. Ordered, That a commission issue. Thereupon, the said Stewart Deane and James A. Stew- art, master and owner of the said sloop, entered into bonds conformably to the regulations of the Continental Congress in such cases made and provided. Saturday Afternoon, June 29th, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Mr. Gansevort, Col. Van Rensselaer — Jllbany. Mr. Haring, Mr. Pye, Col. Allison — Orange. Mr. Wickham, Mr. Tredwell— Suffolk. Col. L. Graham, Mr. Paulding — Westchester. Col. Hasbrouck, Major Parks — Ulster. Mr. Polhemus — Kings. Mr. Webster— Charlotte. Colo. Marsh — Cumberland. Mr. Schenk, Mr. Delavergne, Col. M. Graham— Dutches. Mr. Moore, Mr. Harper — Tryon. The committee appointed to confer with Genl. Washing- ton relative to the stock on Long and Staten islands, re- ported in the words following, to wit: [Report not entered on the minutes ] The members of this Congress from Richmond county, took extracts of such parts of said report as related to their county, and obtained leave to go home and attend to the securing of the stock. Ordered, That Capt. Theop. Beekman have leave to speak to David Mathews, Esqr. on private business, in the presence and hearing of Wm. Paulding, Esqr. a member of this House. A return of officers chosen in the 2nd company of the 3rd battalion of militia in Suffolk county, to wit : Edmund Howell, 1st lieut. ; Selah Reeves, 2d lieut. ; and James Wells, ensign, was read and filed. Ordered, That commissions issue for those gentlemen ; and they were issued accordingly. Mr. John Ramsay applied through a member for the opinion and direction of Congress, relative to a quantity of flax which he has purchased for the purpose of employing the poor of this city, pursuant to an order of the Congress of this Colony, and which he has now in store in this city. Thereupon, Resolved, as the opinion of this Congress, That Mr. John Ramsey ought, without delay, to remove out of this city JOURNAL OF THE PROVINCIAL CONGRESS. 511 and cause to be conveyed to the store of Messrs. P. and J. Schenck at Poughkeepsie, all the flax which lie has pur- chased on account of and by order of the Congress of this Colony, except such part thereof as may be required for the immediate employment of such of the poor inhabitants of this city as are still remaining therein. That such of the said flax as shall be sent to the said store at Poughkeep- sie, be delivered to the care of Messrs. P. and J. Schenk, subject, however, to the direction and order of Mr. Ram- say, who is authorized and empowered to order back to this city, or elsewhere in this Colony, such quantities thereof for the purpose of getting the same manufactured. Mr. Jay asked for and obtained leave to go to Elizabeth Town, and is to return on Monday morning. A draft of a letter to the committee of Elizabeth Town, was read and approved of, and is in the words following, to wit : "New-York, 29th June, 1776, Saturday afternoon. " Gentlemen — At a conference held yesterday between Genl. Washington with the other general officers and a com- mittee for the purpose, appointed by this Congress, it was agreed and determined that the stock be immediately re- moved from Staten island to New-Jersey. " As the inhabitants of the island will require aid herein, and our troops will, in all probability, be necessarily en- gaged in other business, we doubt not the readiness of your committee (which you have so fully shewn on former occasions) in giving them every assistance in your power, as well in the removing of the said stock as in providing proper places for their reception. " We are, very respectfully, gentlemen, " Your most obt. servts. " The Committee of Elizabeth Town." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Whereas, it has been represented to this Congress that lead will speedily be wanted for the use of the army in the defence of this city and Colony : Therefore, Resolved, That Messrs. Daniel Dunscombe and Samuel Prince be requested and authorized, and they are, and each of them respectively is hereby authorized, and empowered, and requested to take to their assistance such persons as they may think proper, and forthwith to cause all the lead of the windows in this city, and also all the leaden weights, (except such small weights as are in use in the course of trade,) to be collected and delivered to Peter T. Curtenius, Esqr. for the use of this Colony, taking his receipt for the same ; that a particular account be kept of the lead taken out of each house, in order that the respective proprietors may receive compensation for the same. SUNDAY MORNING. June 30th, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Prest. pro tern. Col. Broome, Mr. Bancker, Col. Brasher — New-York. Mr. Delavergne, Col. M. Graham — Dutches. Col Van Rensselaer, Mr. Gansevort — Albany. Mr. Haring, Mr. Pye, Col. Allison — Orange. Mr. Tredwell, Mr. Wickham— Suffolk. Col. L. Graham, Mr. Paulding, Mr. Morris — Westchester. Col. Hasbrouck. Major Parks — Ulster. Mr. Moore, Mr. Harper — Tryon. Mr. Webster — Charlotte. Col. Marsh — Cumberland. Colo. Broome, a member of the committee for disposing of the Continental prisoners, informed Congress that a guard of the militia is provided to go with some prisoners to the places of their destination ; and requested that such guard be furnished with arms and ammunition out of the public stores : Thereupon, Ordered, That Mr. Norwood, the commissary, deliver to Capt. Egberts, the officer commanding the guard over the prisoners going to Ulster and Orange counties, 40 cart- ridges filled with powder and ball, and two muskets or fire- locks ; the two muskets or firelocks to be returned as soon as the said guard returns to New-York. Resolved and Ordered, That Col. Jos. Marsh, a mem- ber of this Congress, be, and he is hereby authorized, and empowered, and requested to proceed immediaielv to New Port, in the Colony of Rhode-Island, and apply" to Govr. Cook for the powder in his care belonging this Colony, and cause the same to be disposed of in manner following, vizt : Send 5 barrels of 1001b. each to Charlotte county tt 10 do of 1501b. it to Cumberland do (i 10 do of 1001b. it to Gloucester do £f 10 do of 1001b. tt to Tryon do It 10 do of 1001b. tt to Ulster do if 10 do of 1001b. tt to Dutches do n 10 do of 1001b. tt to Orange no U 10 do of 1001b. t< to Westchester do tt 10 do of 1001b. it to Suffolk do 'C 4 do of 1501b. tt to Albany do tt 54 do of 1001b. tt do do And for this purpose send the quantity intended for Al- bany, Ulster, Dutches, Orange, Tryon, Charlotte and Westchester to Colonel Hoofman at Red Hook, in Dutches county, to the care of Egbert Benson, Esqr. chairman of the committee of said county. A draft of a letter to the Honble. Nichs. Cooke, Govr. of the Colony of Rhode-Island was read and approved of, and is in the words following, to wit : " Sunday Morning, June 30th, 1776. " Sir — Agreeable to the enclosed order, we entreat of you the favour of delivering the powder therein mentioned to Col. Joseph Marsh, the bearer of this letter, and obli- ging this Congress so much as to furnish him with proper guards and other assistance, to convey the same to the se- veral places mentioned in his instructions. This powder is absolutely necessary for the immediate defence of this unfortunate Colony, invaded with the unrelenting spirit of British vengeance on every quarter, and singled out as a victim of the present campaign. The importance of the object now in our view, will apologize to your honour for the urgency of our requests. " We are, with the greatest respect, " Your honour's mos obt. and most hble. sevts. " The Honble. Nichs. Cooke, Govr. of the Colony of Rhode-Island," Ordered, That P. V. B. Livingston, Esqr. advance to Col. Joseph Marsh, (a member of this house,) the sum of £200, to be by him disposed of in paying the expenses which may attend the transporting a quantity of gunpow- der from New Port, in Rhode-Island, to Dutches and Cum- berland counties ; the said Colo. Marsh to account for the expenditure of the said sum to this or a future Congress. A messenger was sent for to request the members from Kings county to meet this Congress this afternoon. Sunday Afternoon, June 30th, 1776. The Congress met pursuant to adjournment. Present — John Haring, Esqr. Pres. pro tern. Col. Broome, Col. Brasher, Mr. Van Cortlandt, Mr. Bancker— New- York. Mr. Polhemus — Kings. Mr. Moore, Mr. Harper — Tryon. Col. Van Rensselaer, Mr. Gansevort — Albany. Mr. Delavergne, Mr. P. Schenk, Col. M. Graham— Dutches. Mr. Webster, Col Malcom— Charlotte. Mr. Wickham, Mr. Tredwell— Suffolk. Mr. Haring, Col. Allison, Mr. Pye— Orange. Colo. Marsh— Cumberland. Col. Hasbrouck, Major Parks — Ulster. Col. L. Graham, Mr. Morris, Mr. Paulding— Westchester. Mr. Morris, with leave from the house, delivered to the care of the Secretary the papers of the secret committee, sealed up. 512 JOURNAL OF THE PROVINCIAL CONGRESS. Colo. McDougall attending, applied for commissions for the officers of his regiment. Ordered, That commissions issue to the officers of Colonel McDougall's regiment, and that the said commis- sions be made to bear dale corresponding to the respective warrants granted to said officers. Ordered, That the commissions in like manner issue to the officers of Colonel Ritzema's regiment. An officer at the door requested to know what he should do with the disaffected persons in his custody, taken at Hemstead, in Queens county. Ordered, That they be referred to the committee ap- pointed for the disposition of Continental prisoners, to be se- cured and treated as they shall think proper. In Provincial Congress, i New-York, 30th June, 1776. S Sunday Afternoon. ) Whereas, this Congress has been credibly informed that a majority of the men who compose the company of militia (in Haverstraw precinct, Orange county,) now or lately commanded by Capt. Avery Blauvelt, are notori- ously disaffected, and have refused to suffer drafts to be made from said company for reinforcing the army at New- York : Resolved, That Col. A. H. Hay be, and he hereby is em- powered, authorized and directed, immediately to apprehend seven of the most refractory men of said company, and also to seize and take all the arms belonging to the disaffected persons in said company ; and that he, without loss of time, send the said seven men and arms to be taken as aforesaid, under a proper guard, to this city, and cause them to be deli- vered to Brigadier-Genl. Scott ; and in order that the said colonel may be enabled with ease to execute the business aforesaid, Resolved, That he be at liberty to apply to Capt. John- son and Lieut. Martin, or either of them, with their re- cruits, to aid and assist him, and the militia under his com- mand, in the execution of this order. Resolved, That the Commander-in-Chief of the Conti- nental forces be, and is hereby, authorized and empowered whenever he shall judge it necessary for the, defence of this Colony, to apply to the brigadier-generalsthereof, foranypro- portion of the militia under their respective commands, and that on the receipt of such application they be, and they are hereby, directed to call out such part of the militia and march to any place or places within this Colony as the said Commander-in-Chief shall order for its defence, and that this order shall continue until revoked by this or some fu- ture Congress, or Legislature, of this Colony ; and that the said Commander-in-Chief be, and he is hereby, autho- rized to take such measures for apprehending and securing dangerous and disaffected persons as he shall think neces- sary for the security of this Colony and the liberties of America. Ordered, That the General have a copy of this resolu- tion. Whereas this Congress has received intimations that divers disaffected and dangerous persons in this Colony, have lately left their usual places of residence and secreted themselves in woods and swamps and other places, in all probability with a design to join the enemy, when an op- portunity shall offer, which, if not prevented, will greatly endanger the peace, quiet and safety of the inhabitants : Resolved, therefore, That it be, and it is hereby, re- commended to the committees of the several towns, cities, manors, precincts and districts in this Colony, to cause to be apprehended and brought before them all such persons as are above described, and that they cause them to be sent under safe guard to some jail, or other place of security in this Colony ; and the said committees are hereby empow- ered to order the officers of the militia in their respective districts, to carry this resolution into effectual execution. Whereas there is great reason to apprehend that an at- tack will soon be made upon this city : And whereas during the tumult and confusion incident upon such attack, it may be difficult to assemble a sufficient number of mem- bers to form a Congress : And whereas the minutes and other necessary public papers and records of this Colony, ought to be removed from this city : And whereas the present or future Congress of this Colony, as well by reason of the removal of the papers aforesaid as for other causes and considerations, wdl be unable to deliberate and de- termine in this city on the several important matters sub- mitted to their consideration : Resolved, therefore, That the Treasurer and Secreta- ries of this Congress, be and they hereby are directed forth- with to repair with all and singular the public papers and money now in their custody or possession, unto the White Plains, in the county of Westchester, and that this Con- gress be, and it hereby is adjourned unto the Court House in the White Plains aforesaid ; there to meet on Tuesday, the 2nd day of July next, and proceed upon business ; and that the next Congress of this Colony do meet at the same place on Monday the 8th day of July aforesaid, unless otherwise ordered by this Congress. Debates arose, and the question being put, it was car- ried in the affirmative in manner following, that is to say : For the question. Against the question. Westchester, 4 Orange, 3 Dutches, 5 Kings, 2 Ulster, 4 — Tryon, 3 5 Charlotte, 2 Cumberland, 2 20 Ordered, That all the lead, powder and other military stores belonging to this State, and now in the custody of Richard Norwood and Colo. Peter T. Curtenius, at the city of New-York, be forthwith removed from thence to the White Plains, and placed there in such safe place, and secured in such manner as Mr. Zebediah Mills shall order and direct. And the committee of the county of Westchester are requested to afford him all necessary aid in executing this business ; and (if he should think it expe- dient,) to order detachments from Capt. Townsend's com- pany to guard the said stores. Ordered, That Mr. Mills be, and he hereby is empow- ered, to impress teams, carriages and boats, for the pur- poses aforesaid. Ordered, That the Treasurer pay Mr. Mills 50 dollars to defray the expenses which may attend executing the or- ders aforesaid, he accounting therefor to this Convention. LIST OF THE MEMBERS OF PROVINCIAL CONGRESS. Philip Livingston,* John Alsop, James Duane,* John Jay, Francis Lewis, Henry Remsen, John Broome, Antho. Rutgers,* Peter Pra. Van Zandl,* Abm. P. Lolt, l)anl. Dunscomb,* Abm. Ten Broeck.* Abm. Yates, Jr. Robt. Yates, Jacob Cuyler,* Robt. Van Rensselaer,* Leond. Gansevoort,* Nathl. Woodhull, Jno. Sloss Hobart,* Thomas Tredwell, Thos. Dearing, New-York. Garrit Abeel, Thomas Randall, Isaac Roosevelt, James Beekman,* Isaac Stoulenburgh, Jno. Morin Scott,* Evert Bancker, Abraham Brasher, Robt. Harpur, Win. Denning. Albany. John Taylor,* Matthew Adgate,* John lileecker, Peter R. Livingston, Christr. Yates, John Ten Broeck." Suffolk. Ezra L'hommedieu, William Smith,* David Gelston, Ben. Miller. JOURNAL OF THE PROVINCIAL CONGRESS. Charles Dewit, Matthew Contine, Christopher Tappen,* Arthur Parks, R. R. Livingston,* James Livingston, Gilbert Livingston, Jonathan Landon, Henry Schenk, Lewis Morris, Governeur Morris,* Gilbert Drake, Pierre Van Cortlandt,* Jonathan G. Tomkins, Jacob Blackwell, Jonathan Lawrence,* Samuel Townsend, James Townsend, Ultter. George Clinton,* Matthew Ray,* Henry Wisner, Junr. Levi Pauling. Dutchess. John Schenk, Nathl. Sacket, Cornelius Humphrey, Zephaniah Piatt.* Westchester. Zebadiah Mills,* Ebenezer Lockwood,* Benjn. Smith, Saml. Haviland, deed. Jonathan Piatt. Queens. Abraham Kettletas, Waters Smith, Corns. Van Wyck. Theodorus Polhemus, Nicholas Covenhoven, John Leffertse, Richard Conner, Aaron Cortelyou, Henry Wisner,* William Allison, Archibald Little, deed. John Moore, William Harper,* Benjamin Newkirk,* William Dner, Alexr. Webster, John Sessions, Simon Stevens,* Jacob Bayley. Kings. Rutgert Van Brunt, Jno. Van Derbilt. Richmond. John Journey, Richard Lawrence. Orange. Joshua H. Smith, Doctor Thos. Outwater, Doctor Sherwood. Tryon. Volkert Veder,* Isaac Paris.* Charlotte. John Williams. Cumberland. Joseph Marsh. Gloucester. * Those thus marked are now in this place. 129 / JOURNAL OF THE PROVINCIAL CONVENTION. At a meeting of a Provincial Congress for the Province of New-York, at the Court House, in the town of White Plains, in the county of Westchester, on Tuesday, 9th July, 1776, the Deputies from a majority of the counties appeared, and they produced their credentials, and pro- ceeded to the choice of the following officers, to wit : Genl. NATHL. WOODHULL, Prest. John McKesson, ? „ . . Robert Benson, \ Secretaries. The Deputies from the city and county of New-York not producing their credentials, the Secretaries informed the House, that soon after the late election for Deputies to represent the city and county of New- York, Col. Remsen delivered into Congress a certified extract of the minutes of the general committee of the city and county of New- York, whereby it appeared that an election was held, and 21 members were chosen, pursuant and agreeable to the resolutions of the Provincial Congress of this Colony, to represent the said city and county, and that five of them be a quorum ; that the said extract is mislaid and cannot be found at present. Ordered, That the Deputies present from New-York take their seats, and that they take measures to procure a copy of their credentials. The Deputies from the city and county of Albany ap- peared, but have omitted or forgotten to procure and bring with them a copy of their credentials. The Deputies from the county of Orange produced their credentials in due form ; whereby it appeared that at an election for choosing of Delegates conformable to the re- solutions of the late Provincial Congress, Col. Wm. Alli- son, Mr. Liltle, John Haring, David Pye and Mr. Outwa- ter, were chosen with full powers to represent said county. Ordered, That the Deputies present take their seats. The Deputies from the county of Suffolk produced a certificate from the committee of said county, dated the 27th day of June, 1776, and signed by Wm. Smith, chair- man ; whereby it appears that Genl. Nathl. Woodhull, Ezra L'hommedieu, John Sloss Hobart, Burnet Miller, Thomas Dearing, David Gelston, Wm. Smith and Thomas Tredwell, Esquires, or any three of them, were duly elect- ed to represent said counly in this Congress, with powers to establish a new form of government. Ordered, That the Deputies from Suffolk take their seats. The Deputies from the county of Dutchess produced their credentials, by which it appears that Zephaniah Piatt, Esqr. Mr. Sackett, Gilbert Livingston, Esqr. Doctor Crane, and Henry Schenk, were duly elected and constituted with full powers to represent said county in this Congress. Thereupon, Ordered, That the said Deputies from Dutchess county take their seats. The Deputies from Westchester attending, produced their credentials ; whereby it appeared that Colo. Lewis Graham, Colo. Pierre Van Cortlandt, Major Lockwood, Wm. Paulding, Jonn. Piatt, Mr. Haviland, Mr. Mills, Gil- bert Drake, Jonathan G. Tompkins, Genl. Morris and Go- verneur Morris were duly elected, with full powers to re- present the said county in this Congress. Ordered, That the Deputies present from Westchester counly take their seats. The Deputies from the county of Queens attending, produced a certificate of the committee of said county ; whereby it appears that at an election held on the 24th ult. Col. Jacob Blackwell, Captain Jonathan Lawrence, Waters Smith, Samuel Townsend, Cornelius Van Wyck, James Townsend, and the Revd. Abraham Keteltas and Benjamin Sands, were elected to represent said counly un- til the 2d Tuesday in May next, with power to determine of the subject of erecting and constituting a new form of government to the exclusion of all foreign jurisdiction, was read and filed. Thereupon, Ordered, That the said Deputies from Queens county take their seats. The Deputies from Charlotte county did not produce any credentials. The Deputies from Cumberland county attending, pro- duced a certificate, signed by James Clay, chairman of the county committee, and dated at Westminster the 28th June last; whereby it appears that Colo. Joseph Marsh, Simon Stevens and John Sesscins, have been duly elected to represent said county in this Congress, and invested with full powers of legislation, &c. Ordered, That the Deputies from Cumberland county take their seats. 516 JOURNAL OF THE PROVINCIAL CONVENTION. Ordered, That the resolution empowering the General to call out the militia be published. Ordered, That the Secretary draw up the resolutions lately passed relative to the stock on Nassau and Staten islands into forms, so that they may be published. All the new members present, that is to say, Col. Van Cortlandt, Mr. Yates, Mr. Keteltas, Mr. Mills, Mr. Sacket, Mr. Stephens, Mr. Piatt, Mr. Sessins, Mr. Crane, Mr. Jonn. Piatt, Mr. W. Smith, Mr. Miller, Mr. Adgate, and such of the old members who had not been sworn, took the general oath of secrecy. Mr. Benjn. Smith refused to take the oath of secrecy, and was therefore desired to withdraw and consider the matter maturely ; and he accordingly withdrew. Mr. Jay, seconded by Mr. Van Wyck, moved, that whereas the. Revd. Mr. Keteltas, one of the Deputies from Queens county, has been solemnly devoted to the service of God and the cure of souls, has good right to ex- pect and claim an exemption from all such employments as would divert his attention from the affairs of that King- dom which is not of this world : Resolved, That the said Mr. Ketletas be at liberty to attend this House at such times only as he may think pro- per, and that his absence be not considered as a neglect of his duty. Debates arose thereon, and the question being put, it was carried in the affirmative, in manner following, that is to say : For the motion. New-York, 8 Queens, 4 Albany, 6 Tryon] 3 Charlotte, 2 23 Against the motion. Orange, , Suffolk, Dutches, Cumberland, Westchester, , 3 4 5 2 4 18 A letter from the Delegates of this Colony at Continen- tal Congress of the 2nd July inst, on the subject of inde- pendence, and requesting instructions from this Congress, was received and read. A letter from the Delegates of this Colony at Continen- tal Congress enclosing the Declaration of Independence, was received and read, and is in the words following, to wit : [The letter not inserted in the minutes.] The Declaration of Independence enclosed in the above mentioned letter, was then read, and is in the words fol- lowing, that is to say : " In Congress, July Mh, 1776. " A Declaration by the Representatives of the United States of America, in General Congress assembled. " When in the course of human events it becomes ne- cessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the se- paration. " We hold these truths to be self-evident — that all men are created equal ; that they are endowed by their Creator with certain unalienable rights ; that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely lo effect their safety and happiness. Prudence, indeed, will dictate that govern- ments long established should not be changed for light and transient causes ; and accordingly, all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these Colonies ; and such is now the necessity which constrains them to alter their former system of govern- ment. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this let facts be submitted to a candid world. " He has refused his assent to laws the most wholesome and necessary for the public good : " He has forbidden his governors to pass laws of imme- diate and pressing importance, unless suspended in their operation till his assent should be obtained ; and when so suspended, he has utterly neglected to attend to them : " He has refused to pass other laws for the accommoda- tion of large districts of people, unless those people would relinquish the right of representation in the legislature — a right inestimable to them and formidable to tyrants only : " He has called together legislative bodies at places un- usual, uncomfortable, and distant from the repository of their records, for the sole purpose of fatiguing them into compliance with his measures : " He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people : " He has refused, for a long time after such dissolutions, to cause others to be elected, whereby the legislative pow- ers, incapable of annihilation, have returned to the people at large for their exercise ; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within : " He has endeavoured to prevent the population of these States ; for that purpose obstructing the laws for the natu- ralization of foreigners ; refusing to pass others to encou- rage their migrations hither, and raising the conditions of new appropriations of lands: " He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers : " He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries : " He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance : " He has kept among us, in times of peace, standing armies, without the consent of our Legislatures : " He has affected to render the military independent of, and superior to, the civil power : " He has combined with others to subject us to juris- diction foreign to our Constitution and unacknowledged by our laws ; giving his assent to their acts of pretended le- gislation. " For quartering large bodies of troops among us : " For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabi- tants of these Slates : " For cutting off our trade with all parts of the world : " For imposing taxes on us without our consent : " For depriving us, in many cases, of the benefits of trial by jury : " For transporting us beyond seas to be tried for pretend- ed offences : " For abolishing the free system of English laws in a neighbouring Province ; establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies : " For taking away our charters, abolishing our most va- JOURNAL OF THE PROVINCIAL CONVENTION. 517 luable laws, and altering fundamentally the forms of our government : " For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. " He has abdicated government here, by declaring us out of his protection, and waging war against us : " He has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives of our people : " He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation : " He has constrained our fellow-citizens taken captives on the high seas, to bear arms against their country, to be- come the executioners of their friends and brethren, or to fall themselves by their hands : " He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and con- ditions. " In every stage of these oppressions, we have petition- ed for redress, in the most humble terms ; our repeated pe- titions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. " Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attempts by their Legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the cir- cumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity ; and we have conjured them by the ties of our common kindred, to disavow these usurpations, which would inevitably in- terrupt our connection and correspondence. They, too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which de- mands our separation, and hold them as we hold the rest of mankind, enemies in war ; in peace, friends. 14 We, therefore, the representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these Colonies, solemnly publish and declare, that these United Colonies are, and of right ought to be, free and independent States ; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved ; and that, as free and independent States, they have full power to levy war, con- clude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our sacred honuur. " Signed by order and in behalf of the Congress. " JOHN HANCOCK, President. " Attest, li Charles Thomson, Secretary." Ordered, That the said letter and Declaration be refer- red to a committee, to consist of Mr. Jay, Mr. Yates, Mr. Hobart, Mr. Brasher and Mr. Wm. Smith. A letter from Colo. Joseph Reid, Adjutant-General of the American Army, was received and read, and is in the words following, that is to say : " Gentlemen — I am directed by the General to solicit the attention of your Honourable Body, to the resolve of the Continental Congress, touching prisoners of war. By that resolve, they are put wholly in the disposition of the Legislature of the respective Colonies, who are authorized to appoint a commissary to make provision for them, and 130 they are to be taken to such places as shall be deemed the most secure. " There are now a number of prisoners in the jail, some of them of some rank ; their expenses run much higher than if in the country, and, in our present situation, ex- tremely dangerous. His Excellency requests no time may be lost in removing, not only those who have been taken prisoners of war, but those committed for practices against the State ; and if some direction was taken with respect to the prisoners for debt, it would be proper, as there is too much reason to fear that, in case of an attack, if the doors were not opened by the jailer, the whole would rise and force them open. Any assistance that may be wanted for this purpose, the General begs leave to tender. 1 have also in charge to mention to you the impropriety of suffer- ing Burrows to continue in the care of the jail ; as from his connections, his appointment, and other circumstances, there is the utmost reason to suspect him. " The distance to which the Congress has removed, will make it very difficult to have their advice and assistance on occasions which frequently present. The General would suggest the propriety of their appointing a small committee in the city to regulate such matters of internal concern as daily present themselves. " The great hurry and engagements of the General pre- vent his writing personally, but he begs his respectful compliments may be made to your honourable body. " I have the honour to be, gentlemen, " Your mo. obt. and very hble. servt. "JOS. REED, Ajt. Genl. "Head Quarters, Few-York, July 3th, 1776." Ordered, That the said letter be referred to a commit- tee, to consist of Mr. John Van Cortlandt, Mr. Gansevort and Colo. L. Graham. Ordered, That Mr. Miller, Mr. Jay and Colo. Van Rensselaer be a committee to take into consideration and report on all the letters received from Congress and our Delegates on the subject of the new regiment to be raised in this Colony ; and also Colo. Flemming's letter, and the letter of William Goforth, of the 6th instant, complaining of being superseded in his rank, and resigning his com- mission as major. Tuesday, P. M. ) White Plains, July 9th, 1776. > The Convention met. Present — General Woodhull, President. Mr. Bancker. Mr. Van Cortlandt, Mr. Jay. Col. Brasher. Mr. Rut- gers — Aeir- York. Mr. Moore, Mr. W. Harper — Tryon. Col. L. Graham, Col. Van Cortlandt, Major Lockwood, Mr. Pauld- ing, Capt. J. Flatt, Mr. Haviland, Mr. Mills, Col. G. Drake, Mr. Tomp- kins, Genl. Morris, Governeur Morris — Westchester. Mr. Yates, Mr. Gansevort, Col. Van Rensselaer, Mr. Adgate Al- bany. Col. Allison, Mr. Little — Orange. Mr. Webster — Charlotte. Genl. Woodhull, Mr. Hobart, Mr. Miller, Mr. Gelston, Mr. Wm. Smith— Suffolk. Mr. Stephens, Mr. Sesscens — Cumberland. Mr. Piatt, Mr. Crane, Mr. Sacket— Dutches. Mr. S. Townsend, Mr. J. Townsend, Mr. Van Wyck, Mr. Ketletas — Queens. A letter from P. T. Curtenius of the 3d inst. requesting an advance of £5,000 on account, and mentioning that the British had landed on Staten island without opposition, and detachments had advanced towards Bergen Point and Elizabeth Town. Thereupon Ordered, That Peter Van B. Livingston, Esqr. as Treasurer of this Congress, advance to Colonel Peter T. Curtenius the sum of £5,000 on account, and take his re- ceipt for the same. A letter from Colo. Malcom, inclosing a certificate from Doctor John Jones, of the qualifications of Wm. Adams JOURNAL OF THE PROVINCIAL CONVENTION. 518 as a surgeon, and requesting the said Adams be appointed surgeon to his regiment, was read. Ordered, That William Adams be, and he is hereby, appointed surgeon to the 2nd regiment of militia, (raised for reinforcing the Continental army at New-York,) where- of William Malcom, Esqr. is colonel. Mr. Robert Yates, Mr. Veeder, Mr. Newhist, Mr. Paris, Mr. H. Schenk and Mr. Harper took the general oath of secrecy. The committee appointed to take into consideration the letter from our Delegates in Continental Congress, and the Declaration of Independence, reported the following, which was unanimously agreed to, and is in the words fol- lowing, that is to say : In Convention of the Representatives ; of the State of New-York. > White Plains, July 9th, 1776. ) Resolved unanimously, That the reasons assigned by the Continental Congress for declaring the United Colo- nies free and independent States arc cogent and conclu- sive ; and that while we lament the cruel necessity which has rendered that measure unavoidable, we approve the same, and will, at the risk of our lives and fortunes, join with the other Colonies in supporting it. Resolved, That a copy of the said Declaration and the aforegoing resolution be sent to the chairman of the committee of the county of Westchester, with orders to publish the same, with beat of drum, at this place on Thursday next ; and to give directions that it be published with all convenient speed in the several districts within the said county ; and that copies thereof be forthwith trans- mitted to the other county committees within the State of New-York, with orders to cause the same to be published in the several districts of their respective counties. Resolved, That 500 copies of the Declaration of In- dependence, with the two last mentioned resolutions of this Congress for approving and proclaiming the same, be published in handbills and sent to all the county commit- tees in this State. Resolved, That the Delegates of this State in Conti- nental Congress be and they are hereby authorized to con- sent and adopt all such measures as they may deem con- ducive to the happiness and welfare of the United States of America. Ordered, That copies of the aforesaid resolutions be transmitted to the Continental Congress. General Morris' daughter being extremely ill, he request- ed and obtained leave of absence. Resolved, 1'hat the sheriffs of this State do and they are hereby respectively authorized and directed to retain and keep in their custody all prisoners, of whatever kind, which are or may be in their custody, until the further or- der of this Convention, or until such of them as may be confined for debt on civil process shall be released by the plaintiffs so brought against them. Ordered, That the above mentioned resolution be pu- blished. Ordered, That Mr. Bancker, Mr. Brasher and Mr. Pauld- ing be a committee to consider of and report the proper places for the reception and means of support of the poor inhabitants of the city and county of New-York. The committee appointed this morning to take into con- sideration the letter of Adjt. Genl. Reed, reported several resolutions, which being amended was agreed to, and are in the words following, that is to say : Resolved, That the committee appointed to carry into execution certain resolves of this Congress with respect to disaffected persons, and the committee appointed to confer with General Washington and examine into the conspiracy lately discovered, be and they are hereby united and made one committee. Resolved, That the following powers be and they hereby are given them in addition to those before vested in the said committee, to wit : A power to dispose of all prisoners that shall be taken in or brought to the city of New-York, other than prisoners of war. A power to appoint a commissary to provide for the said prisoners. A power to remove, if they shall think necessary, all prisoners confined in the city of New-York, other than pri- soners of war as aforesaid, to such place or places of safety as they shall think proper. A power to inquire into the conduct of Burrows, the jailer of the jail in the city and county of New-York, and if they should think it necessary that he should be remov- ed from his office, to request the sheriff to appoint a more suitable person in his stead. And whereas this Congress, on the 30th June last, being then about to adjourn to this place, were under the necessity of giving General Washington the trouble of ap- prehending and securing such dangerous and disaffected persons as he should think necessary for the security of this Colony, and the liberties of America : And whereas that business may now be conveniently executed by the above mentioned committee. Resolved, That it would be unreasonable longer to burthen the General with matters for which this Congress ought to provide, and therefore that the said business be and it is hereby referred to the said committee, and that they be and hereby are authorized and directed to execute the same : And further, that they carry into execution all such resolves of the Continental Congress and comply with all such necessary requisitions of the General as require so much despatch as to render an application to this Congress impracticable or attended with dangerous delay. Resolved, That the following persons, to wit : Mr. Hobart, Mr. Morris, Col. L. Graham, Mr. Gansevort, Mr. Randall and Col. Remsen, or any three of them, consti- tute the aforesaid committee ; that Mr. Tredwell and Mr. Jay be and they hereby are discharged from the said com- mittee ; and that the said committee be and they hereby are authorized and empowered to administer to Colo. Rem- sen an oath similar to that taken by the other members of the said committee on their former appointment. Resolved unanimously, That the said committee be and they hereby are permitted to proceed in the business under them committed, in such a manner as to them shall appear to be most agreeable to the dictates of justice and humanity, and most advancive of the public good, the oath which they have taken notwithstanding. WEDNESDAY MORNING, White Plains, July 10th, 1776. The Convention met pursuant to adjournment. Present — Genl. Woodhull, Prest. Mr. Jay, Col. Brasher, Mr. Rutgers, Mr. Harper— New-York. Mr. G. Morris, Genl. Morris, Major Lockwood, Mr. Mills, Capt. Piatt, Mr. Paulding— Westchester. Mr. Ahm. Yates, Mr. Robt. Yates, Mr. Gansevort, Col. Van Rens- selaer, Mr. Adgate — Albany. Mr. Kctletas, Mr. S. Townsend, Mr. J. Townsend, Mr. Van Wyck— Quceris. Genl. Woodhull, Mr. Hobart, Mr. Miller, Mr. Smith, Mr. Gelston— Suffolk. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Newkerk, Mr. Hader— Tryon. Mr. Piatt, Mr. Sackett, Dr. Crane. Mr. H. Schenk— Dutches. Mr. Webster— Charlotte. Mr. Stephens, Mr. Sessions— Cumberland. The Deputies from Tryon county delivered in the cre- dentials of their election, but the same not being signed by their chairman, or attested by the clerk, one of the said Deputies, to wit : Mr. Benjamin Newkirk, informed the Congress that the said credentials were by him copied from the minutes of the proceedings of Tryon county commit- tee, and that he neglected to have the same signed by the JOURNAL OF THE PROVINCIAL CONVENTION. 519 chairman and attested by the clerk. Whereupon the said Mr. Newkirk was examined on oath, and it appearing to the satisfaction of the Congress that Mr. Isaac Paris, John Moore, William Harper, Volkert Vador and Benjamin Newkirk, were duly elected and empowered to represent the said county of Tryon in this Congress, and instructed to give their vote in favor of a new government wholly in- dependent of all foreign jurisdiction. Ordered, That they take their seats. Mr. Robert Harper, one of the Deputies from New- York, delivered in a certificate of a sub-committee ap- pointed by the general committee for the city and county of New-York to superintend the election of Deputies, bearing date the 20th of June last, and signed by Garret Abeel, chairman, and others, the said sub-committee, and attested by Joseph Winter, secretary ; whereby it appears that at an election held in and for said city and county, on the 19th day of June last, John Jay, James Duane, Phi- lip Livingston, Robert Harper, Francis Lewis, Garret Abeel, Isaac Stoutenburgh, Daniel Dunscomb, William Denning, Abraham Brasher, Henry Remsen, John Morin Scott, James Beekman, Evert Bancker, Isaac Roosevelt, John Broome, Abraham P. Lott, Peter P. Van Zandt, John Van Cortlandt, Anthony Rutgers and Thomas Ran- dall were, by a majority of votes, elected Deputies for the city and county of New-York until the 2nd Tuesday of May next, unless dissolved by their own power, or a new form of government shall render their attendance unneces- sary. Mr. Hopkins, Genl. Morris, Mr. Dearing and Mr. L'hommedieu took the general oath of secrecy. Mr. Yates moved that 150 men be raised and paid by this State to guard the frontiers of the county of Albany. Thereupon, Ordered, That Mr. Saml. Townsend, Mr. W. Smith, Mr. Z. Piatt, Mr. Abraham Yates, Mr. Moore, Mr. Ste- phens and Mr. Webster be a committee to take into con- sideration the propriety of raising and embodying an arm- ed force to guard and protect the frontiers of this State, and that they report with all convenient speed. Mr. Morris delivered in a number of depositions and examinations (taken by the secret committee) relative to the conspiracy lately discovered, which were read. The President, by order, gave the charge of secrecy to the members on the matters contained in the said deposi- tions and examinations until further order. Resolved and Ordered, That the style or title of this House be changed from that of " the Provincial Con- gress of the Colony of New-York" to that of " the Con- vention of the Representatives of the State of New- York." Wednesday Afternoon, ) White Plains, July the \0lh, 1776. S The Convention met pursuant to adjournment. Present — General Woodhull, President. And the same members as in the forenoon, except Colo. Brasher, from New-York. Mr. Jay, from the committee appointed to take into con- sideration the letters and resolutions received from Con- gress, on the subject of raising another regiment in this Colony, delivered in the report of the said committee, which being read, was taken into consideration and order- ed to be recommitted ; And, Ordered, That Mr. Hobart and Mr. Morris be added to said committee. A letter from the committee of Kingston, in Ulster county, dated July 1st, 1776, requesting that some gun- powder may be sent to them, as their county stands much in need of that article. A draft of an answer to the aforegoing letter, informing them that a member of this House is sent to New Port, in Rhode Island, to conduct the conveying a quantity of gun- powder belonging to this Colony, from thence to Red I Hook, in Dutches county, a part of which is intended for the use of Ulster county. Resolved, That Mr. Ketletas, Mr. Saml. Townsend and Colonel Broome, or any two of them, be a committee to confer with his Excellency the Commander-in-Chief of the Continental troops, concerning the preservation of the horses, cattle, and all other live stock of the counties of Kings and Queens, as well from unnecessary distress as from the hands of our enemies ; and after such conference, that the said committee be empowered to lake such steps in regard to the premises as they, in conjunction with the Commander-in-Chief, may think proper. On motion, Resolved, That Tuesday next, the 16th inst. be appoint- ed to take into consideration the resolve of the Continen- tal Congress recommending to the several Assemblies and Conventions to form such Constitutions (where the same was not already done) for the government of their respec- tive Colonies, as the Representatives of the people shall judge most conducive to the welfare and happiness of the same ; and that all the members do attend on that day. On motion, Resolved, That the Revd. Mr. Lewis be requested to open the deliberations of this Convention every morning with prayer. Ordered, That Mr. Sacket wait upon Mr. Lewis and communicate to him the aforegoing resolution. A letter from the committee of East and South Hamp- ton, relative to the stock of cattle, was read. Ordered, That Mr. Wm. Smith and Mr. Miller pre- pare a draft of an answer to the said letter. A draft of a letter to Egbert Benson, Esqr. chairman of the Dutches county committee, relative to the powder from Rhode Island, was read and approved, and is in the words following, that is to say : " In Convention of the State of New-York, ? " White Plains, July Wth, 1776. <> " Sir — By the enclosed resolve you will see that a quantity of gunpowder is consigned to your care, for the use, and in the proportion, of the counties therein men- tioned. " Such part of it as is intended for the counties north- ward of Dutches (except Cumberland and Gloucester) you will send up to the committee of the county of Albany, together with a copy of the before mentioned resolve ; the remainder you will keep in store until the respective coun- ty committees, who are entitled to it by the said resolve, shall send for the same. " Yours, &c. " By order. " P. S. The powder for Cumberland and Gloucester, Colo. Marsh lakes with him, via Connecticut river, for their use, and perhaps the proportion for Charlotte. "To Egbert Benson, Esqr. Chairman of Dutches county Committee." THURSDAY MORNING, July 11th, 1776. The Convention met pursuant to adjournment. Opened with prayers by the Revd. Mr. Lewis. Present — General Woodhull, President. Mr. Rutgers, Mr. Jay, Mr. Harper — New-York. Col. Allison, Mr. Little— Orange. Genl. Morris, Mr. Morris, Major Lockwood, Col. Van Cortlandt, Col. L. Graham, Capt. Piatt, Mr. Mills, Mr. Paulding, Mr. Tompkins — Westchester. Col. Van Rensselaer, Mr. Gansevort, Mr. R. Yates, Mr. Abm. Yates — Albany. Capt. Lawrence, Mr. J. Townsend, Col. Blackwell, Mr. Van Wyck — Queens. Mr. Sessions, Mr. Stevens — Cumberland. Genl. Woodhull, Mr. Hobart, Mr. L'hommedieu, Mr. Dearing, Mr. Gelston, Mr. Miller, Mr. Smith— Suffolk. \ JOURNAL OF THE PROVINCIAL CONVENTION. 620 Mr. Webster— Charlotte. Mr. H. Schenk, Mr. Sacket, Dr. Crane — Dutchest. Mr. Harper, Mr. Newkirk, Mr. Vader, Mr. Paris, Mr. Moore — Tryon. The House took into consideration the arrangement of the treasury of this State. Resolved, That the same be postponed, and that next Thursday be appointed to take the same into consideration. Mr. Morris, from the committee to whom was recommit- ted the report on the letters and resolutions of Continental Congress relative to the raising another regiment in this State, reported the draft of a letter to be written to the Continental Congress, which being read was unanimously taken into consideration, and the same being again read, paragraph by paragraph, and some amendments made there- in, was unanimously agreed to, and is in the words follow- ing, that is to say : " In Convention of the Representatives ) of the State of New-York. > " White-Plains, Westchester county, July llth, 1776. ) " Sir — In pursuance of a resolution of your Honour- able House of the 17th of June last, we have passed a resolve to authorize the Commander-in-Chief to call out all or any part of our militia whenever he might think it necessary, of which we enclose you a copy mark- ed No. 1. " We have also taken into consideration the recommen- dation of the Congress relative to the providing of clothing for the troops, and passed the resolution, of which we en- close you a copy, marked No. 2. " As soon as we had received the resolution of Congress for raising a regiment in this Colony, in order to provide for those officers who had served in Canada, we referred it to a committee, expecting from them an arrangement which would preserve the rank of those officers, and there- by prevent all disgusts and just grounds of resignation ; it being our opinion that inferior officers should not be raised over their superiors, unless in cases of extraordinary and distinguished merit, and although we could not forbear ob- serving that the recommendation of Mr. Dubois tended in some measure to impair that liberty of nomination, without which the privilege would be ineffectual, yet as we con- ceived that such instances were not frequent, we had de- termined to comply with the request. " But, sir, we are much surprised, and most deeply af- fected by the resolution of Congress of the 26th June, by which it appears that your Honourable House had taken from us the right of nominating, not only the field officers, but also the captains and lieutenants of that regiment, a measure so contrary to the common usage hitherto observ- ed and practised upon all similar cases as to raise a discri- mination highly invidious to this State, and it is our great misfortune not to perceive the force of those three reasons which your Honourable House have thought fit to assign to us. " The first, sir, is that the Congress were furnished with a list of the officers who had served in Canada, and were therefore enabled to appoint without our interposition. We shall readily admit that the Congress may in this and in other cases have sufficient information to enable them to make such appointments, yet we submit it to their superior wisdom whether the ability they may thence derive to per- form an act can constitute a right of doing it ; and if we suppose those appointments did (by the common usage) appertain to us, then how far the mere capacity of making them could vest the right in any other body whatsoever. " The second reason, sir, is that the Congress have ap- pointed only such officers as were orginally appointed and recommended by us, and that we should probaby have fixed our choice on the same persons. " We shall acknowledge it to be merely possible that in the course of human affairs we might, by some chance, have fixed upon those persons which are agreeable to your Honourable House, and it is strictly true that the greater part of the officers were appointed and recommended by us the last year, although not to the same rank and commis- sions which your Honourable Body have thought fit to con- fer upon them, but it is equally true that several of them have never been recommended or appointed by us, and one of them, if not more, has never been in the service at all ; and we are really at a loss to conceive that our nomi- nation of officers in a regiment disbanded after the term of its enlistment was expired, can, upon the raising of a new regiment, deprive us of that right of nomination and vest it in the Congress ; nor can we be of opinion that another body ought to claim the right of choosing for us, from the mere conjecture that their choice would be similar to ours, even if that conjecture should be well founded ; but we are Sorry to observe, sir, that the arrangement made by your Honourable House is materially different from that which we had prepared. " The third reason for depriving us, in this instance, of the right of nomination, is the good of the service and the danger of delay. " We are deeply impressed with the idea that your re- spectable body were actuated by the purest intentions of serving their country ; and we entertain so well founded an opinion of their wisdom and integrity that we shall not presume to apologize for that plainness of speech which distinguishes freemen, and which can never give offence to those who, from the dignity of their private characters, impart lustre to the offices they hold. We shall observe, therefore, that although the necessity of the case has, in all ages and nations, been the fruitful source of extraordinary power, yet it has but too frequently sown with tares the fertile fields of liberty, and blasted the fair fruits of patri- otism and public spirit. The whole history of mankind bears testimony against the propriety of considering this principle as the parent of civil rights, and therefore a peo- ple jealous of their liberties must forever reprobate it. At the same time we take leave to assure you, sir, that how- ever we may be calumniated by individuals whose censure we consider as praise, we shall ever continue ready and willing, with our lives and fortunes, to support the cause and rights of America. " We are extremely sorry to inform the Congress that the good of the service will not be promoted, nor the dan- ger of delay prevented by the measures which they have taken, as many spirited and good officers have been so dis- gusted that some have resigned, and we have but too much reason to apprehend that others will refuse to accept of their commissions. We beg therefore that your Honoura- ble House will excuse us from interfering in the further arrangement of this regiment, and make out the few ap- pointments which remain. " We have received from William Goforth, a brave and good officer, who served the last campaign in Canada, a letter containing his reasons for quitting the service, of which we enclose you a copy, marked No. 3 ; and also the copy of a letter from Colo. Flemming on the same subject, marked No. 4. We daily expect other resignations, and pray leave to observe that we think the case of Lieut. Colo. Van Corllandt is attended with singular hardships. He is a young gentleman of affluent circumstances, good family and extensive connexions. He entered the service last year as a lieutenant-colonel, and served with spirit and fidelity, and has done the like this year; he is now inferior in rank to Mr. Dubois, who entered the service last year as a captain. " If, by such neglect, many respectable inhabitants among us, with their numerous and extensive connections, be disgusted and remain inactive, we flatter ourselves that this Colony will not be censured for the ill consequences which may result from it. " The day before yesterday we took into consideration the Declaration of your Honourable House, proclaiming the United Colonies Free and Independent States, and JOURNAL OF THE PROVINCIAL CONVENTION. 521 thereupon came to a resolution of which we enclose you a copy, marked No. 5. " Govr. Tryon has enlisted into the service of the King of Great Britain, certain disaffected persons belonging to this Colony, New-Jersey, &c. some of whom are now in custody. We are really at a loss what to do with them, there being no laws according to which they can be tried and punished, and ex post facto laws are liable to many ob- jections. We unanimously join in requesting the favour of your Honourable House to advise us what would be proper to do in this case. " We take the liberty of suggesting to your considera- tion also, the propriety of taking some measures for ex- punging from the Book of Common Prayer, such parts, and discontinuing in the congregations of all other denomi- nations, all such prayers as interfere with the interest of the American cause. It is a subject we are afraid to med- dle with, the enemies of America having taken great pains to insinuate into the minds of the Episcopalians that the church was in danger. We would wish the Congress would pass some resolve to quiet their fears, and we are confident it would do essential service to the cause of Ame- rica, at least in this state. " We have the honour to be, " With the greatest respect, sir, " Your mo. obt. and most hble. servts. " By order. " The Honourable John Hancock, Prest. of the Continental Congress." Ordered, That a copy thereof be engrossed and signed by the President, and, together with copies of the letters and resolutions therein referred to, be transmitted. A letter from Saml. Tucker, Esqr. President of the New-Jersey Congress, enclosing a resolution of the said Congress, dated July 3rd, authorizing this State to appre- hend any of the inhabitants thereof at present residing in New-Jersey, and ordering the inhabitants thereof to aid those of New-York in the premises, and that a committee of secrecy is appointed to correspond with the committee of secrecy of this state, was read and filed. Thursday Afternoon, July 11th, 1776. The Convention met pursuant to adjournment. Present — Genl. Woodhull, Prest. Mr. Harper — New-York. Mr. Piatt, Mr. Schenk, Mr. Sacket, Mr. Hopkins, Dr. Crane — Dutches. Col. Allison, Mr. Little — Orange. Mr. J. Townsend, Capt. Lawrence. Col. Blackwell, Mr. Van Wyck — Queens. Mr. Abm. Yates, Mr. Robt. Yates, Col. Van Rensselaer, Mr. Ad- gate — Albany. Mr. Tomkins, Major Lockwood, Mr. Paulding, Capt. Piatt, Mr. Mills, Col. Van Cortlandt — Westchester. Mr. Stephens, Mr. Sessions — Cumberland. Genl. Woodhull, Mr. Smith, Mr. L'hommedieu, Mr. Miller, Mr. Gelston, Mr. Dearing — Suffolk. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Vader, Mr. Newkirk — Tryon. Mr. Webster— Charlotte. On motion, Resolved, That the general committee of the county of Tryon, be and they hereby are authorized and requested to employ proper persons to take the leaden weights out of all the windows in the said county, and apply so much thereof as may be immediately necessary, to the use of the militia of the said county ; that an exact account be kept of the quantity taken from each house, to the end that pay- ment may be hereafter made for the same ; and that the said committee do transmit an account thereof to this Con- vention with all convenient speed. Ordered, That Col. Curtenius deliver to Major Web- ster, (one of the Deputies of Charlotte county.) or his or- 131 der, l,500!bs. of lead, for the use of the militia of the county of Charlotte ; and to Mr. John Sessions, (one of the Deputies from Cumberland county,) 3,000lb. for the use of the county of Gloucester, and 4,5001b. for the use of the county of Cumberland. And Ordered, That Col. Curtenius charge the same to the said counties respectively, to the end that the same may be paid for by the said counties respectively, when they shall be thereunto required. And Ordered, That Major Webster do forward in the most safe and expeditious manner, the said 1, 5001b. of lead to the general committee of Charlotte county ; that Mr. Ses- sions forward in the same manner the said 3,000lbs. of lead to the general committee of Gloucester county, and the said 4,500lbs. to the general committee of Cumberland county. And Ordered further, That said committee be and they hereby are respectively required to attend carefully to the disposition of the said lead, for the use of the militia of the said counties respectively. Whereas it has been represented to this Convention that the troop of horse of the county of Westchester have refused to furnish their quota of men lately directed to be raised to reinforce the Continental army at New-York : Resolved, That Mr. Harper, Major Lockwood, Mr. Tom- kins and Mr. Lawrence, be a committee to inquire into the truth of the said representation. A letter from the Honble. John Hancock, enclosing the Declaration of Independence, was read and filed, and is in the words following, that is to say : " Philadelphia, July 6th, 1776. " Gentlemen — Although it is not possible to foresee the consequences of human actions, yet it is nevertheless a duty we owe ourselves and posterity, in all our public coun- cils, to decide in the best manner we are able, and to trust the event to that Being who controuls both causes and events, so as to bring about his own determinations. Im- pressed with this sentiment, and at the same time fully convinced that our affairs may take a more favorable turn, the Congress have judged it necessary to dissolve all con- nection between Great Britain and the American Colonies, and to declare them free and independent States, as you will perceive by the enclosed Declaration, which I am di- rected to transmit to you, and to request you will have it proclaimed in your Colony, in the way you shall think most proper. " The important consequences to the American States from this Declaration of Independence, considered as the ground and foundation of a future government, will natu- rally suggest the propriety of having it proclaimed in such a manner as that the people may be universally informed of it. " I have the honour to be, gentlemen, " Your mo. obt. and very hble. servant, "JOHN HANCOCK, Prest. "The Honble. Convention, New-York." A draft of an answer to the same, was read and approved of, and is in the words following, that is to say : " July 11th, 1776. " Sir — Your letter of the 6th July inst. enclosing a copy of the Declaration of Congress, proclaiming the United Colonies free and independent States, and requesting us to proclaim and publish the same in this Colony, has been re- ceived. " It gives us pleasure to inform you, that having been informed of that Declaration by our Delegates, we have anticipated the request of the Congress by our resolutions of the 9th inst a copy of which was enclosed in a letter we did ourselves the honour of writing you this morning. " We have the honour to be, &c. " By order. " The Honble. John Hancock." 522 JOURNAL OF THE PROVINCIAL CONVENTION. FRIDAY MORNING, White Plains, July 12th, 1776. A draft of a letter to the committees of East and South Hampton, in answer to theirs received on the afternoon of the 10th inst. was read and approved of, and is in the words following, that is to say : " In Convention of the Representatives i of the Slate of New- York, V " White Plains, July nth, 1776. ) " Gentlemen — Taking into consideration your letter of the 5th inst. applying to us for directions relative to the pre- servation of the slock at Montauck. Since the date of your letter, you must have understood that Colo. Livingston, the commander in that quarter, has applied to the county com- mittee for their advice and assistance respecting the pre- servation of the stock, and making necessary defence in your quarter. We also understand from Messrs. Dearing and L'hommedieu, that persons are appointed by the Com- missary-General to lay up all the stock in those parts fit for use, and also, boats to be provided to remove the rest in case of danger ; viewing things in this light, we hope your fears are subsided. In case they are not from the measures already taken, we shall expect to hear from you, and shall not be wanting in supporting all the friends of the common cause of America. " We are, &c. " To the Committees of East and South Hampton." A memorial of several officers, complaining of improper appointments by Congress, and that they have been super- seded in rank by the late appointments in the 3rd regiment, to be commanded by Col. Dubois, was read. The resignation of Lieutenants Aorson, Pearsee, Piatt, Gano and Van Wagener, on account of younger lieutenants being appointed to a captaincy in Col. Dubois' regiment, was read. Mr. Jay reported a draft of a letter to the President of the Continental Congress, on the subject of these resigna- tions, which was read and approved of, and is in the words following, that is to say : " In Convention of the Representatives 1 of the State of New-York, > " White Plains, July 12th, 1776. ) " Sir — Nothing but a regard to their duty could induce the Convention of New-York again to call your attention to a subject so disagreeable as complaints against the arrange- ments of the Canada regiment, formed by your Honoura- ble House. " They this day received certain papers relative to that business from a number of officers, who think themselves deeply affected by it ; of which papers the enclosed are copies. From thence it appears that besides other appoint- ments out of the line of rank, three sergeants, a corporal and a lieutenant fire-worker, have been raised over the heads of commissioned officers. " We have the honr. to be, &c. " NATHL. WOODHULL, Prest. " The Honble. John Hancock, Prest. of Continental Congress." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted, together with copies of the memorial and resignation of the officers. Ordered, That Col Curtenius deliver to Nathl. Sacket, Esqr. or his order, 6,000lbs. of lead, for the use of the militia of the county of Dutches, and that he charge the same to the said county. Mr. Sampson Duyckinck came from the city of New- York, and informed the Congress that three ships of war had passed the fort and battery at New-York, and sailed up Hudson's river; that they were fired upon from all the batteries along the banks of the river ; that he believes they have already passed King's Bridge. Thereupon, Ordered, That Mr. Jay, Major Lockwood, Mr. Mills, Colo. Drake and Mr. Schenk be a committee to take such measures on this occasion, as to calling out such parts of the militia, sending expresses to the forts in the Highlands, and all such other measures as they shall think necessary. SATURDAY MORNING, July 13th, 1776. The Convention met pursuant to adjournment. Present — Genl. Woodhull, Prest. Mr. Rutgers, Mr. Jay, Col. Brasher— New-York. Col. Allison, Mr. Little— Orange. Mr. Stephens — Cumberland. Mr. A. Yates, Mr. R. Yates, Mr. Adgate — Albany. Major Lockwood, Capt. Piatt, Col. G. Drake — Westchester. Genl. Woodhull, Mr. Miller, Mr. Smith— Suffolk. Mr. Jas. Townsend, Col. Blackwell, Capt. Lawrence — Queens. Mr. Wisner — Ulster. Mr. Piatt, Mr. Hopkins, Mr. G. Livingston, Mr. H. Schenk— Dutches. Mr. Moore, Mr. Harper, Mr. Vader, Mr. Paris — Tryon. Mr. Gibert Livingston and Mr. Visner took the general oath of secrecy. The Deputies for Queens county represented to the Convention that the militia of the said county are destitute of ammunition, and therefore request that a supply may be immediately ordered for them. Thereupon Ordered, That Mr. Norwood the commissary of military stores, deliver to Capt. Jonn. Lawrence, or his order, 10,000 cartridges of different sizes, filled with powder and ball, and 1,000 flints for the use of the militia of Queens county, and charge the same to the said county. Ordered, That Col. Curtenius deliver to Capt J. Piatt, or his order, l,500lbs. lead, one-half thereof in ball, and if Col. Curtenius has no ball in store, that he call on Mr. Norwood, who in such case is ordered to deliver to Colo. Curtenius, or his order, 7,50lbs. of ball for the purpose aforesaid, and that Col. Curtenius charge the same to the said county, for the use of the militia thereof. A draft of a letter to Col. Pierre Van Cortlandt, was read and approved of, and is in the words following, that is to say : " White Plains, July 13tA, 1776. " Sir — Be pleased to Order such a number of your re- giment to guard the stores in which provisions and other effects belonging to the public, are lodged at and near Peekskill, as you may think necessary. Col. Drake will afford them the necessary supplies of bread and pork. As it would not be prudent on every little alarm to call great numbers of the inhabitants from their farms, we hope the detachments you may order in service, will not be greater than the exigency of affairs may require. " We are, sir, " Your mo. obt. servts. " By order. " To Col. Pierre Van Cortlandt." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted immediately. A draft of a letter to Lieut. Colo. Hammond, was read and approved of, and is in the words following, that is to say : " White Plains, 13lh July, 1776. " Sir — We last evening ordered Col. Thomas to send you a reinforcement of 40 or 50 men, together with lOOlbs. of lead, and 2 quarter casks of gunpowder, all of which we hope you have received. " There is no great reason to apprehend that any consi- derable incursions into the country will be made by parties from the ships in the river, and therefore are of opinion it would not be expedient for great numbers of the militia to leave their farms at this busy season of the year. (t Great attention should be paid to the conduct of the dis- JOURNAL OF THE PROVINCIAL CONVENTION. 523 affected among us, and care taken to prevent any unusual gatherings of them, and let all such of them be apprehen- ded and secured as may give any aid to the enemy, or threaten to give you any molestation. Col. Drake will give the necessary orders for provisions, and we hope the Whigs of this country will distinguish themselves by their zeal and alacrity on this occasion. " We are, sir, " Your very hble. servts. " Lieut. Col. Hammond." Ordered, That a copy be engrossed, and signed by the President, and immediately transmitted. A draft of a letter to His Excellency Genl. Washington, was read and approved of, and is in the words following, that is to say : "Saturday morning, July 13th, 1776. " Sir — On being informed yesterday afternoon that two ships of war had gone into the North River, and passed by all the fortifications on York island, the Convention imme- diately sent an express to the commanding officer of the fort at the Highlands, advising him thereof. Last evening advice arrived that two frigates and two or three tenders were at anchor at Tarry Town, whereupon the Conven- tion sent the inhabitants a supply of powder and ball, and took immediate measures for reinforcing the inhabitants along that shore. This morning the Convention were in- formed that the frigates and tenders still lay there at anchor, and that several barges were busy in sounding the river. Another detachment of the militia has been directed to guard the stores in that neighborhood, in which are sundry effects belonging to the public. The Convention will en- deavour to prevent their making incursions into the country, and beg leave to suggest to your Excellency, the propriety of keeping a strong guard at King's Bridge, the destruction of which they apprehend to be an object with the enemy. " I have the honr. to be with esteem, " Your Excellency's mo. obt. servt. " By order. *' His Excellency Genl. Washington." Saturday Afternoon, ) July \3th, 1776. S The following members met and for want of a sufficient number of members adjourned till to-morrow morning. Major Abeel, Mr. Jay — New-York. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Vader — Tryon. Mr. A. Yates, Mr. R. Yates, Mr. Adgate — ilbany. Mr. Visner — Ulster. Genl. Woodhull, Mr. Smith, Mr. Miller— Suffolk. Mr. Little —Orange. Mr. Piatt, Mr. Hopkins, Mr. G. Livingston— Dutches. Mr. Stephens — Cumberland. SUNDAY MORNING, The same members met and adjourned till to-morrow morning. MONDAY MORNING, July 15th, 1776. The Convention met pursuant to adjournment. Opened with prayer. Present — Genl. Woodhull, Prest. Col. Broome — New-York. Mr. Moore, Mr. Harper, Mr. Vader, Mr. Paris— Tryon. Mr. Wisner— Ulster. Mr. A. Yates, Mr. R. Yates, Mr. Adgate — ilbany. Mr. Haviland— Westchester. Mr. Little— Orange. Genl. Woodhull, Mr. Smith, Mr. Miller— Suffolk. Mr. Kettletas — Queens. Mr. Duer— Charlotte. Mr. G. Livingston, Mr. R. R. Livingston, Dr. Crane, Mr. Piatt, Mr. Sacket, Mr. Schenk — Dutches. Mr. Stephens — Cumberland. Mr. Duer and Robert R. Livingston took the general oath of secrecy. Ordered, That Colo. Curtenius or Mr. Norwood, deli- ver to Henry Wisner, Junr. Esqr. 6,0001b. weight of lead for the use of the militia of Ulster county, and 4,0001b. weight of lead for the use of the militia of Orange county, and charge the same to those counties respectively. A letter from Genl. Washington, dated yesterday, by ex- press, was received and read, and is in the following words, to wit : " New-York Head-Quarters, ) " July Uth, 1776. J " Gentlemen — The passage of the enemy up the North river is an event big with many consequences to the public interest. One particularly occurs to me well deserving your attention, and to prevent which I shall gladly give every assistance in my power, consistent with the safety of the army. " I am informed there are several passes on each side of the river upon which the communication with Albany de- pends, of so commanding a nature that an inconsiderable body of men may defend thein against the largest num- bers ; it may be that on board these ships there may be troops for this purpose, who, expecting to be joined by the disaffected in that quarter, or confiding in their own strength, may endeavour to seize those defiles, in which case the intercourse between the two armies, both by land and water, will be wholly cut off, than which a greater misfortune could hardly befall the Province and army. I must entreat you to take the measure into consideration, and if possible, provide against an evil so much to be ap- prehended. I should hope the militia of those counties might be used on such an emergency, until further provi- sion was made. " I have also thought it very probable these ships may have carried up arms and ammunition to be dealt out to those who may favour their cause, and cooperate with them at a fixed time. I would, to guard against this, submit to your consideration the propriety of writing to the leading men on our side in those counties, to be very vigilant in observing any movement of that kind, in order that so dan- gerous a scheme may be nipped in the bud ; for that pur- pose to keep the utmost attention to the conduct of the principal tories in those parts, any attempts of intercourse with the ships, and all other circumstances which may lead to a discovery of their schemes and the destruction of their measures. " I am, gentlemen, very respectfully, " Your mo. obt. and very hble. servant, " GEO. WASHINGTON. " To the Honble. the Prest. of the Provincial Congress of New-York." A draft of an answer to the letter just received from Genl. Washington, was read and approved of, and a copy transmitted by the same express, and is in the words fol- lowing, that is to say : " White-Plains, July 15th, 1776. " Sir — Your letter of the 14lh inst. was read in Con- vention. They see the importance of securing the passes your Excellency mentions, and will immediately take the measures you are pleased to recommend, and every other which they conceive will tend most to the security of this State. Your Excellency was informed by our letter of the 13th of the precautions we had used in order to prevent any intercourse between the disaffected people of our State and the ships of the enemy, and to repel any attempts they might make to land. They see the necessity of watching with the utmost vigilance the steps of the tories in this and the neighbouring counties, and shall give your Excellency 524 JOURNAL OF THE PROVINCIAL CONVENTION. the earliest notice of any resolutions that they may form for this purpose. " We have the honr. to be, &c. "His Excellency Genl. Washington." Ordered, That Peter V. B. Livingston, Esqr. advance to Henry Wisner, Junr. Esqr. the sum of £50 to be by him disposed of in defraying the expenses of transporting a quantity of lead to the counties of Orange and Ulster; Mr. Wisner to render an account of the expenditure there- of. Ordered, That Peter Van B. Livingston, Esqr. advance to Nathl. Sacket, Esqr. the sum of £40, to be by him dis- posed of in defraying the expenses of transporting a quan- tity of lead to Dutches county ; Mr. Sacket to render an account of the expenditure thereof. Die Lun^e, P. M. July \bth, 1776. The Convention met pursuant to adjournment. Present — General Woodhull, Prest. Col. Broome, Major Abeel, Mr. Jay— New- York. Dr. Crane, Mr. G. Livingston, Mr. R. R. Livingston, Mr. Piatt, Mr. Hopkins— Dutches. Mr. A. Yates, Mr. R. Yates, Mr. Adgate— Albany. Mr. Haviland, Mr. Tomkins, Mr. Paulding, Mr. Mills— Westchester. Mr. Stephens — Cumberland. Gen. Woodhull, Mr. Miller, Mr. Smith— Suffolk. Mr. Moore, Mr. Harper, Mr. Vader, Mr. Paris— Tryon. Col. Dewit, Major Tappen, Mr. Contine, Col. Paulding, Mr. Wisner — Ulster. Mr. Little — Orange. Mr. Duer— Charlotte. Credentials of the Deputies for Ulster county were read, approved and filed. Ordered, That the Deputies for Ulster county take their seats. William Duer, Esqr. one of the Deputies from Charlotte county delivered in Convention a certificate of the commit- tee of the said county, dated the 28th ullo. subscribed by John Williams, chairman, and attested by John Gibson, clerk of the election of Deputies for the said county, to serve in this Convention. The said certificate was read and filed. Ordered, That the Deputies from Charlotte county take their seats. Ordered, That Mr. Jay, Mr. Robert Yates, Mr. Duer, Mr. Robert R.Livingston, and Colo. Dewit, be a committee to take into consideration Genl. Washington's letter, re- ceived and read this morning, and that they report thereon with all possible speed. Two letters from Colo. Hammond at Tarry Town, in- forming the Convention that the men posted there are very desirous of being relieved, in order to attend their harvests, were read. Thereupon, Ordered, That Col. Thomas relieve by detachments from his regiment, such of the militia stationed at Tarry Town, as may incline to return home, and that the number of militia to be stationed there be 150, exclusive of Cap- tain Townsend's company. A letter was wrote and sent to Col. Hammond, inform- ing him that 150 men are sufficient to be stationed at Tar- ry Town, for the present, and that such further aid will be afforded ihem as the Convention may think necessary ; and that they be relieved, so that the burthen be equally borne by all the militia. A draft of a letter to Lieut. Col. Hammond was read and approved of, and is in the words following, that is to say : " In Convention for the State of New- York, ) '• White Plains, July loth, 1776. $ « g IR — We are surprised to find that any of the men under your command at Tarry Town, have left their sta- tion without permission from the commanding officer. We flattered ourselves that no part of the militia of this State would have forsaken their duty from pecuniary considerations, especially at a season when every thing dear to a freeman is at stake. Assure such of the officers and men as have done their duty, that they, and all others of the militia who may be called into service, shall receive the like pay and rations as Continental troops, and that those now at Tarry Town shall speedily be relieved. " We are, sir, your very humble servants, "By order. " To Lieut. Colo. Hammond." Resolved and Ordered, That Mr. Tompkins and Mr. Haviland be a committee to have the staircase of the room in which this Convention sit, closed, and also that they be a committee to procure a guard to be stationed at the jail. Resolved unanimously, That, if His Excellency Genl. Washington should think it expedient for the preservation of this State, and the general interest of America, to aban- don the city of New-York, and withdraw the troops to the north side of King's Bridge, that this Convention will cheer- fully cooperate with him in every measure that may be necessary for that purpose. A draft of a letter to His Excellency Genl. Washington, to enclose the above resolution, was read and approved of, and is in the words following, that is to say : " In Convention, July 15th, 1776. " Sir — One or two pettiaugers have been observed go- ing to and from the ships of war at Tarry Town. Had the detachment of militia stationed there been supplied with boats they would certainly have taken them. The Con- vention take the liberty, therefore, of requesting your Ex- cellency to send them four whale boats, which they will take care to man. " I am directed by the Convention to transmit the en- closed resolution to your Excellency, and have the honour to be, with greatest respect, " Your Excellency's most obt. servant, " By order. " His Excellency Genl. Washington." Col. Dewit, Major Christopher Tappen, Col. Levi Paw- ling and Major Garret Abeel, took the general oath of se- crecy. FRIDAY MORNING, July \Qth, 1776. The Convention met pursuant to adjournment. Present— Genl. Woodhull. Prest. Mr. Jay, Col. Broome, Col. Lott, Mr. Bancker, Major Abeel, Mr. Dunscomb, Mr. Harper — New-York. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkirk — Tryon. Mr. A. Yates, Mr. R. Yates, Mr. Adgate, Col. Van Rensselaer— Al- bany. Mr. Duer, Mr. Webster — Charlotte. Mr. Stephens, Mr. Sessions — Cumberland. Mr. Little — Orange. Genl. Woodhull, Mr. Smith, Mr. Miller, Mr. Dearing, Mr. L'Hom- medieu, Mr. Gelston— Suffolk. Mr. Haviland, Mr. Paulding, Mr. Mills, Col. G. Drake, Major Lock- wood — Westchester. Col. De Witt, Major Tappen, Col. Pauling, Mr. Contine— Ulster. Mr. R. R. Livingston, Mr. G. Livingston, Dr. Crane, Mr. Hopkins, Mr. Piatt, Mr. Schenk— Dutches. A letter from Lieut. Colonel Hammond, with a return of the men under his command, posted at Tarry Town, and requesting that some person be appointed to furnish them with provisions. Resolved, That Geo. Coombe be, and he is hereby ap- pointed commissionary of provisions to such of t he militia as now are, or may be, stationed at and in the neighbourhood at Tarry Town; that he supply the said militia with fresh provisions one half of the time, and the other half with salt provisions, out of the Provincial stores. A draft of a letter to Col. Hammon, acknowledging the JOURNAL OF THE PROVINCIAL CONVENTION. 525 receipt of his, was read and approved of, and is in the words following, that is to say : " White Plaint, July 16th, 1776. " Sir — The Congress duly received your letter of this day, and, pursuant to your request, have come to the en- closed resolution, by which you will see they have appoint- ed Geo. Coombe, commissary: and that suitable measures are taken for the regulating of the supplies of provisions for the militia, both fresh and salt. " Yours, &c. "By order. '•' Col. Hammxx.-' Ordered, That the same be copied, and together with the resolution appointing Mr. Coombe commissary of pro- visions, be immediately transmitted. A letter from Joseph Traves, dated at Peekskill yester- day, in substance complaining that the harvest is great and the labourers few ; they expect to be attacked every mo- ment by die regulars and lories, and aie obliged to keep something of a guard over the stores, was read and filed. A petition from Samuel Smith, as also the petition of Cadwallader Colden, Junr. Esqr. both confined in Ulster jail, with a copy of Mr. Colden's letter to the committee of Ulster county, and the warrant for his commitment, were respectively read. Ordered, That both petitions and papers be referred to the general committee of Ulster county, and that a letter be wrote to the committee enclosing the said petitions. A draft of a letter to the committee informing them of this reference, was read and approved of, and is in the words following, that is to say : ■ In Contention" of the Representatives i of the State of New-York. > " White-Plains, July 16th, 1776. ) " Sir — Enclosed you have a petition from Samuel Smith, a prisoner confined in Kingston jail ; also a letter and pe- tition of Cadwallader Colden, Junr. " This Convention have taken the petitions under con- sideration and thought it most expedient to refer the prayers thereof to your committee, whom we doubt not will take such proper steps as the present times will admit of. " We are, sir, your mo. obt. servants, " By order. " Robt. Botd, Junr. Esqr. Chairman of the General Committee of Ulster county." A draft of a letter to Mr. Colden, informing him of the same, was also read and approved of, and is in the words following, that is to say : " Ln Contention of the Representatives i of the State of New-York. > " While-Plaint, July 16th, 1776. ) " Sir — The Congress received your letter to them re- specting your confinement, and have directed me to inform you that they have transmitted all the papers relative to your case to "the committee of Ulster county, to whom it is referred. " I am, sir, your mo. obt. servant, " By order. ■ To Cad. Colden, Junr. Esqr. Ordered, That copies of the foregoing letters be en- grossed, and signed by the President, and transmitted im- mediately. It being represented to the Convention that considerable quanliiies of salted pork is stored in different places at and in the neighbourhood of Peeks Kill, where the same is much exposed to the enemy. Resolved, That the sub-committee at Peeks Kill be and they hereby are authorized and directed immediately to cause all provisions and other stores, as well private as pu- blic property, which are stored in places within their dis- trict, and so situated as to be in danger of being taken by the enemy, to be removed to such places of safety as the said committee shall think proper. Ordered, That a commission issue to Corns. L Dubois 132 as 2nd lieutenantin John L.Dewit's companyin Colo. Hum- phrey's regiment of Dutches county. A letter from Col. Hammond, at Tarry Town, was read. The Colonel therein informs the Convention that the ships of war have left that harbour and are sailing up the river with a fair wind towards the Highlands : Thereupon, Resolved, That Col. Van Cortlandt and Mr. Z. Piatt be directed to repair immediately to the Highlands, in order to call out such militia as they may think necessary for the defence and security of this State ; to direct their stations to reinforce the garrisons of the forts Montgomery and Constitution, if expedient, and to supply such forces as may be called out, or to appoint proper persons for that purpose. And, Resolved, That the militia so employed shall receive Continental pay and rations. Ordered, That Peter V. B. Livingston, Esqr. advance to Colo. Van Cortlandt and Mr. Z. Piatt, the sum of 500 dollars, to be disposed of by them in procuring provisions for the forces which may be called out to service in the Highlands. W hereas this Convention have the greatest reason to believe that the British armies in New-York and Canada will endeavour, by means of Hudson's river, to effect a junction, and thereby cut off all intercourse between the eastern and southern States : And whereas the country contiguous to the Sound and Hudson's river will be greatly exposed to the ravages and incursions of a cruel and un- natural enemy, which, if not prevented, will render them a scene of ruin and desolation : And whereas, from the situation of said country, intersected with defiles and nar- row passes, it will be extremely practicable to repel the hostile attempts of the enemy, provided the inhabitants exert themselves in its defence, with the union, spirit and alacrity of men determined to defend their rights, and trans- mit the blessings of freedom to posterity : And whereas it is the indispensable duty of this Convention, by every means in their power, to provide for the happiness and se- curity of their constituents, reposing the highest confidence in their virtue and public spirit : Therefore, Resolved, That one-fourth part of the militia of the coun- ties of Westchester, Dutches, Ulster and Orange, be forth- with drawn out for the defence of the liberties, property, wives and children of the good people of this State ; and as at this busy season of the year the service may be in- convenient to many of them ; Resolved, That each man be allowed twenty dollars, as a bounty, with Continental pay and subsistence, and be con- tinued in the service until the last day of December next, unless sooner discharged. Resolved, That it be recommended to such of the inha- bitants who remain at home, to give all possible assistance to the families of those spirited persons who step forth in defence of the rights and liberties of this invaded country, and that the sub-committees of the several districts in those counties, pay particular attention to see that this recom- mendation be complied with. Resolved, That the brigadier-generals and the field-offi- cers of the militia of each county, be directed to adopt the most equitable and expeditious mode of raising ihe levies and of furnishing with arms those who are not supplied — the price of the arms to be deducted out of each man's pay — and that they be authorized to call on the committee of each county for their assistance. Resolved, That these levies be formed into companies, to consist of one captain, 2 lieutenants, 3 sergeants, 3 cor- porals, 1 drummer, one fifer, and fifty privates ; and that the captains and subalterns be appointed by the field-offi- cers of each regiment of militia from which the quotas are to be raised out of the militia officers ; having in such ap- pointment a regard to their respective ranks and the dates of their commissions, if a sufficient number of such are willing to serve ; if not, that they be at liberty to appoint such others as they may think properly qualified. 526 JOURNAL OF THE PROVINCIAL CONVENTION. Resolved, That each regiment shall consist of 10 cap- tains and one surgeon, under the command of one colonel, one lieutenant-colonel and one major, and to have one ad- jutant and one quarter-master ; that the field-officers and surgeon be appointed by this Convention, and the quarter- master and adjutant in each regiment, by the colonel there- of, and the non-commissioned officers by the captains of each company under whom they go into service. Resolved, That each man furnish himself with a blanket and knapsack, and every six men with a pot or camp kettle. Resolved, That two deputy commissaries be appointed to provide four months' provisions for 6,000 men, to be de- posited in two magazines, one on each side of the river, at such places as His Excellency Genl. Washington shall think proper to appoint. Resolved, That all the men now raised in the counties of Ulster and Orange, be stationed in the Highlands on the west side of the Hudson river, to guard those defiles, the possession of which Brigadier-Genl. Clinton shall think most conducive to the safety of the State. Resolved, That the men raised in the counties of West- chester and Dutches, repair immediately to Peeks Kill, and that Genl. Washington be requested to appoint an officer to take the command of all the levies on both sides of the. river, to fix upon what station they shall occupy, and to nominate the two deputy commissaries for the troops on each side the river. Resolved, That all the troops raised in the above coun- ties shall be subject to the articles of war established by the Continental Congress. Resolved, That the brigadier-generals and committees of the respective counties, be immediately furnished with copies of these resolutions. Resolved, That the following gentlemen be and they hereby are appointed field officers of the regiments of the militia, to go into immediate service, vizt : In Westchester county, Thomas Thomas, colonel; Ebe- nezer Purdy, major. A draft of a letter to Col. Van Cortlandt, was read and approved of, and is in the words following, that is to say : " In Convention of the Representatives 1 of the Slate of New- York, > " White Plains, July 16th, 1776. ) "Sir — In our letter of the 13th inst. you was request- ed to order a sufficient guard at the stores of public provi- sions at or near Peeks Kill. We understand, by a letter from Mr. Joseph Travis of yesterday, and a person from Peeks Kill, that there are about 50 men who arc very anxious to be relieved. We likewise understand that 50 men in that neighbourhood are willing to engage to conti- nue in that service during the present necessity. We think this the most eligible method, and that they shall be en- gaged on the like terms as the Continental troops are, with respect to pay and rations, and further leave to you the ap- pointment of a commissary to supply the men on that sta- tion with provisions, half salt and half fresh ; the salt to be taken out of the public stores. If a sufficient number of men cannot be obtained to remain on the spot, we wish you would see that those on that service be frequently re- lieved. The militia who have been or may be on that ser- vice, to be allowed the like pay and rations. " We are, sir, your very humble servants, " By order. " Col. Pierre Van Cortlandt." The Convention took into consideration the danger to which the Continental ships building at Poughkeepsie, together with the stores belonging to them, will be expos- ed, should the enemy's ships pass the fortifications in the Highlands. Resolved, That a letter be immediately despatched to the commissioners for superintending the building of those ships. Thereupon a draft of a letter was read and approved of, and is in the words following, that is to say : " Gentlemen — The enemy's ships have left Tarry Town about ten o'clock this morning, with an intention as we conceive to destroy the Continental ships ; we have therefore to request that you will exert your utmost abili- ties and attention to defend those ships from the hostile attempts of the enemy ; but should you be of opinion that their preservation is not practicable, you will use your utmost endeavours to preserve the plank, rigging and other stores from falling into their power. We recommend particularly to your attention, the secu- rity of the plank, which may hereafter be made a benefi- cial use of, for the safety of the State. Should you stand in need of assistance, you must apply to the nearest field officer, or committee in your district. " Yours, &c. " By order. " To Jacobus Van Zandt, Esq. in his absence, to the Capts. Lawrence and Tuder, or either of them, at Poukeepsie." Tuesday Afternoon, 16th July, 1776. The Convention met pursuant to adjournment. Present— Genl. Woodhull, Prest. Col. Lott, Col. Broome, Mr. Dunscomb, Major Abeel, Mr. Banck- er — New-York. Mr. G. Livingston, Mr. Landon, Dr. Crane, Mr. Hopkins, Mr. Schenck — Dutches. Mr. A. Yates, Mr. Adgate, Col. Van Rensselaer — Albany. Mr. Milts, Col. Drake, Major Lockwood— Westchester. Mr. Hopkins, Mr. Sessions — Cumberland. Genl. Woodhull, Mr. L'hommedieu, Mr. Smith, Mr. Dearing, Mr. Miller, Mr. Gelston— Suffolk. Mr. Little — Orange. Mr. Webster — Charlotte- Col. Pawling, Major Tappen, Mr. Contine, Col. Dewit, Mr, Wis- ner — Ulster. Mr. Harper, Mr. Moore, Mr. Paris, Mr. Vader, Mr. Newkirk. — Tryon. A resolution of the general committee of Dutches county, whereby it is resolved that any five of the Deputies from said county met in Convention, be a quorum to represent the said county, was read and filed. A letter from Egbert Benson, Esqr. chairman of the committee of Dutches county, was read and filed. Ordered, That Col. Dewit, Mr. Gilbert Livingston, Mr. Miller and Colo. Van Rensselaer, be a committee to take the said letter into consideration, and report on the same as soon as possible. A certificate from the committee of Westchester coun- ty, recommending and appointing Elijah Miller lstlieut. in Capt. Thomas's company in Col. Drake's regiment of militia, now in service at New- York. Ordered, That a commission issue immediately. Col. Lewis Dubois attending, produced his accounts for billeting his company of troops in Col. Clinton's regiment last year. Requested the convention to direct some mode by which the same may be audited (as not a sufficient number of the committee appointed to audit accounts are now present,) that he may be enabled to receive payment for the same. Ordered, That Col. Broome and Mr. Bancker be a committee to examine and audit those accounts ; and that a certificate of such examination and their approbation of the said accounts, be a sufficient voucher to the Treasu- rer for the payment thereof. On motion of Mr. Duer, Resolved, unanimously, That a secret committee be ap- pointed to devise and carry into execution such measures as to them shall appear most effectual for obstructing the channel of Hudson's river, or annoying the enemy's ships in their navigation up the said river ; and that this Conven- tion pledge themselves for defraying the charges incident thereto. Resolved, That Mr. Jay, Mr. Robert Yates, Major JOURNAL OF THE PROVINCIAL CONVENTION. 527 Tappen, Mr. Robert R. Livingston, Mr. Gilbert Living- ston and Mr. Paulding, be the said committee. Ordered, That Mr. Duer and Col. Broome be a com- mittee to wait upon Govr. Trumbull for the purposes men- tioned in the resolutions of this Convention of the inst. A draft of a letter to His Excellency Genl. Washington, was read and approved of, and is in the words following, that is to say : " White Plains, July 16 July 20th, 1776. ) This Convention having taken into consideration the expediency of removing the stock from Nassau island, Resolved, That it will not be for the public good, pro- vided it were practicable to remove the stock from the is- land, except such cattle, sheep and hogs as are fit for the use of the army. 2d. That the common stock in Suffolk, Kings and Queens counties be put in such convenient and secure places, in each county, as may be most convenient to be guarded by a sufficient number of troops, and to be drove off into the interior parts of Nassau island, whenever the commanding officer or officers of the said troops shall or- der, to prevent such stock from falling into the enemy's hands, leaving, if he shall judge it safe and necessary, with each large family three milch cows, two cows to a middling family, and one to a small family. And if the said com- manding officer finds that he cannot prevent the stock fall- ing into the enemy's hands, he may order them to be killed or destroyed, 3d. And to the intent that no person may be a loser by said stock being so lulled or destroyed. Resolved, That the oath or affirmation of the owner of cattle describing their number, age and qualities shall be a direction for the valuation of such cattle drove from his possession, provided that no person who has joined or shall go over to and join the enemy, or who has been or shall be in any wise aiding or assisting to the enemy, shall in con- sequence of this resolve be entitled to a compensation for any loss he shall or may sustain. 4th. That the commanding officer of each battalion of minute men and militia in Suffolk, Queens and Kings coun- ties be ordered immediately to draft out one-fourth part of the minute men and militia of said counties, to carry these resolves into execution ; and that the field officers of the minute and militia regiments in each county do appoint captains and subalterns to command such drafts out of the minute or militia officers, as they shall judge most proper; and that the drafts be formed into companies to consist of one captain, two lieutenants, three sergeants, three corpo- rals, one drummer, one fifer and fifty privates ; and in case any drafts shall be left after the companies are completed, and not sufficient to form another company, officers shall be appointed for them in the following proportion, one cap- I tain and one lieutenant, two sergeants and two corporals, 534 JOURNAL OF THE PROVINCIAL CONVENTION. for forty privates ; two lieutenants, two sergeants and two corporals for thirty privates ; and one lieutenant, one ser- geant and one corporal for twenty privates ; each man to find his own arms and accoutrements. That the field offi- cers of the said militia so to be drafted be appointed by this Convention. The troops so raised to have Continen- tal pay and rations, and to continue in service until the last day of December next, unless they shall be sooner dis- charged ; that the non-commissioned officers and privates of the said troops who shall furnish themselves with a good and sufficient musket or firelock, cartouch box and belt, and bayonet or hatchet, shall be allowed ten dollars bounty to each man. 5th. Resolved, That the brigadier-general of Suffolk and Queens counties, be directed to order the militia of those counties to hold themselves in readiness to march into ei- ther of the said counties, or any other part of Nassau is- land, on the shortest notice, with five days' provisions. And that the President of this Convention be and is hereby directed to write a letter to the colonel of the militia of Kings county, ordering that he hold his regiment in the like readiness to march to any part of Nassau island, with five days' provisions. 6th. Resolved, That Colo. Josiah Smith, of Suffolk county, be first colonel of the troops to be raised by drafts from the militia on Nassau island ; that Colonel John Sands be second colonel of those troops, with the rank of colonel but with the pay of a lieutenant-colonel ; and that Abra- ham Remsen be major ; that Colonel Benj. Birdsall, at south side of Queens county, take the command of one company of those drafts, with captain's pay, saving his his rank. 7th. Resolved, That the rations of the said troops be estimated at the rate of ten pence half penny each, which they are to receive in money in lieu of provisions. 8th. And whereas, the protection of Nassau island is of vast importance to these States, there being 100,000 horned cattle, a much larger number of sheep, besides other stock and provisions on the same, and if the stock be all removed, the inhabitants, amounting to about 30,000, must remove or perish : Resolved, That the necessity of the protection and se- curity of the said island, be stated in a letter to the Con- gress, enclosing a copy of the aforegoing resolutions, and requesting their directions what further measures may be necessary for the security and protection of the said island. 9th. Resolved, That His Excellency General Washing- ton, be made acquainted with these resolutions, and be in- formed that there are on Nassau island great numbers of horned cattle and sheep fit for the use of the army, and that it be submitted to His Excellency whether it would not be proper that the Commissary-General should be re- quested to give a preference in purchasing at present those cattle and sheep, on account of their exposed situation. Colo. Remsen, (according to order,) brought in the draft of a letter to the Delegates of this Colony in Congress, which was read and approved of, and is in the words fol- lowing, to wit : " Gentlemen — The Convention, after the most mature deliberation, have agreed to sundry resolutions for the pre- servation of the stock on Nassau island and the protection of the inhabitants. A copy of them I am directed to en- close. These resolves are to be carried into execution without delay. The drafts we expect will compose a corps of between 7 and 9 hundred men, and is the only measure that promises (with such aid as His Excellency General Washington has already, or may hereafter grant for the same purpose,) to be effectual to prevent the enemy from procuring a supply of fresh provisions from that island, and we hope the same will be approved of by Congress. And attempt for a total removal of the stock, computed to be near 100,000 head of horned cattle, besides a much greater number of sheep and hogs, &c. would take up much time, and be attended with very great if not insur- mountable difficulties ; and were it possible to remove all the stock, and to find pasture and provender for the same, it necessarily follows that the inhabitants of the island, sup- posed to be from 25 to 30,000 in number, must immedi- ately abandon their habitations to find shelter and subsis- tence elsewhere, which cannot be procured in this and the nearest sister States, the inhabitants of New-York having removed their families in every part where they could find accommodations. These considerations have induced the Convention to relinquish the thoughts of removing the stock from the island, and to the utmost of their power to protect them there, and to prevent their falling into the hands of the enemy. If Congress should be of opinion that any fur- ther steps are necessary for the defence of the island, we beg their directions. " I am, most respectfully, " Gentlemen, &c. " To the Delegates in Congress for the State of New- York." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Mr. Hobart, according to order, brought in a draft of a letter to His Excellency General Washington, to attend the last aforegoing resolutions, which draft was read and approved of, and is in the words following, vizt : " Sir — I have the honour to enclose Your Excellency, by order of the Convention, a copy of sundry resolves, which were yesterday agreed to for the defence of the in- habitants and protection of the stock upon Nassau island, and beg leave to submit to your consideration a short state- ment of the situation and circumstances of that island and its inhabitants, from which you will see the inutility of any attempts for a total removal of the stock from thence. " It is supposed there are near one hundred thousand head of horned cattle, besides a much larger number of sheep and other stock, the removal of which would necessarily consume the greater part of the campaign. But supposing the same could be effected in a short time, vast numbers of the stock must inevitably perish for want of subsistence, as it could not be procured within any reasonable distance ; besides such a measure would reduce the inhabitants, com- puted from 25 to 30,000, to the most deplorable and insu- perable difficulties and distresses. " These considerations have induced the Convention to give over the thoughts of removing the stock from the island, as not only impracticable, but not advancive of the public service ; especially as the waste and common lands in the eastern part of Queens and in Suffolk counties, are so covered with thickets of wood, as to render it too dangerous for foraging parties to attempt to penetrate. I trust that the militia now to be raised, which is expected to form a corps of between seven and nine nundred men, with the troops already stationed at the east end of the island, may be sufficient to remove the stock from those places which are most exposed, and prevent the depredations of small detachments. And should the enemy attempt with their main army to fix themselves on any part of the island, I doubt not but your Excellency will give a good account of them. " The Convention have received information that there are a considerable number of fatted cattle and sheep on the island. They submit whether it would not be proper that the Commissary-General should be requested to give the preference, in purchasing, to those cattle. I cannot con- clude without expressing my wishes that the detachment under Lieut. Colo. Livingston, may be continued at their present post, for that part of the island is so much exposed to be insulted by the enemy's cruisers, that I fear the in- habitants would totally abandon the country, should those troops be drawn off. " I have the honour to be, &c. " To His Excellency General Washington." JOURNAL OF THE PROVINCIAL CONVENTION. 535 Die Sabbati, 5 ho. P. M. July 20ih, 1776. The Convention met pursuant to adjournment. Present— Brigadier-General Woodhull, President. Mr. Harper, Colo. Remsen, Mr. Bancker, Major Abeel— For New- York. Colo. De Witt, Mr. Contine— Ulster. Colo. Allison, Mr. Little— Orange. Major Webster— Charlotte. Mr. Ab. Yates, Mr. Adgate, Mr. Bleecker — For Jllbany. Mr. Hen. Schenk, Mr. Sackett— Dutchess. Mr. Sam. Townshend, Mr. James Townshend, Mr. Benj. Sands, Capt. Lawrence — Queens. Mr. Stephens, Mr. Sessions — Cumberland. Genl. Woodhull, Mr. Hobart, Mr. Gelston, Mr. Smith, Mr. Deal ing — Suffolk. Colo. Gilbt. Drake, Mr. Haviland — Westchester. Mr. Harper, Mr. Paris, Mr. Moore — Tryon. Colo. Remsen had leave of absence to go to New-York. The committee to whom was referred the consideration of the number of rangers in and for the northern counties, delivered in their report, which was read, and being again read much time was spent therein until night, and the far- ther consideration thereof postponed till Monday. Resolved. That the President and five or more members be a committee to receive and answer letters, and do any other necessary business during the adjournment of the House, until their next meeting. A letter from Lieut. Colonel Weisenfels, dated the 14th instant, was again read. He thereby informs that Jona- than Holmes had not complied with either of the resolu- tions of the Congress of this State of the 27th of June, or 12th instant; that he had only brought to the regiment eleven men, and a boy who would not pass muster ; that his men were enlisted some for the term of six and others nine months; that Pelton had enlisted 19 men, and during the present contest. A certificate of Capt. Riker, was also read, certifying that Mr. Daniel Pelton had enlisted nineteen men. Ordered, That the said Daniel Pelton be appointed se- cond lieutenant, and Jonathan Holmes ensign, of Capt. Riker's company, and that their commissions issue accord- ingly. DIE SOUS, 9 ho. a. m. July 2\st, 1776. The Convention met pursuant to the call of the Presi- dent, agreeable to the order of yesterday. Present — Brigadier-General Woodhull, President. Mr. Bancker, Colo. Brasher, Major Abeel, Mr. Harper — New-York. Colo. De Witt, Mr. Contine— Ulster. Major Webster, Mr. Duer — Charlotte. Mr. Yates, Mr. Adgate, Mr. Bleecker — ilbany. Colo. Hoffman, Capt. Piatt, Mr. Sackett, Mr. Hen. Schenk— Dutches. Mr. Sam. Townshend, Mr. James Townshend, Mr. Lawrence — Queens. Mr. Sessions, Mr. Stephens — Cumberland. Genl. Woodhull, Mr. Hobart, Mr. Gelston, Mr. Smith, Mr. L'hom- tnedieu, Mr. Dearing— Suffolk. Colo. Allison, Mr. Little- Orange. Mr. Moore, Mr. Harper, Mr. Paris— Tryon. Captain Piatt from the committee appointed to repair to the Highlands, and take measures for the protection of the country, informed Convention that a number of men from the neighbouring States are now doing duty on Hudson's river, and that many of them have left their affairs in such a situation at home, that their continuance for any consi- derable time must be attended with very great inconve- niences, asking the direction of Convention on the subject. The President with a number of members being there- unto authorized by Convention are of opinion that it would be improper to give the committee any direction in the premises, but do advise that the matter be considered by a council of war, and conceive it would be advisable, if con- sistent with the good of the service, that at least a part of the men should be dismissed, and their places supplied by drafts from the neighbouring militia of this State. Capt. Piatt further informs that the men have generally come on horseback, and that many of them are without money to carry themselves home, and requesting directions in the premises. Ordered, That the committee do provide for the horses as well as the men ; and that when any of the men are ordered home, the committee at their discretion do appoint a commissary to make provision for them on the road, or give them a reasonable allowance for their subsistence on their return. Resolved, That whenever any officers of the militia of this State shall do duty with any militia officers from the neighbouring States, they submit themselves to the orders of all officers of superior rank, in the same manner as if the whole belonged to this State. DIE LUNjE, 9 ho. a. m. July 22d, 1776. The Convention met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Harper, Major Abeel, Mr. E. Bancker, Colo. Broome, Colo. Brasher, Mr. Dunscombe— For New-York. Mr. Contine, Colo. De Witt— Ulster. Colo. Allison, Mr. Little— Orange. Major Webster, Mr. Duer— Charlotte. Mr. Ab. Yates, Mr. Adgate, Mr. Bleecker— For Albany. Colo. Hoffman, Mr. H. Schenk, Mr. Sackett— Dutchess. Mr. Sam. Townshend, Mr. James Townshend, Mr. Jona. Lawrence — Queens. Mr. Sessions, Colo. Marsh, Mr. Stephens — Cumberland. Major Smith, Mr. Gelston, Mr. L'hommedieu, Mr. Dearing — Suffolk. Colo. Drake, Mr. Haviland, Mr. Paulding, Mr. G. Morris, Major Lockwood — Westchester. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Volkert Veder — Tryon. Resolved unanimously, That the colonels of each regi- ment of troops to be drafted from the militia of the coun- ties of Dutchess, West Chester, Ulster, Orange, Suffolk* Queens and Kings, be each of them respectively, a muster- master of the several regiments drafted or enlisted in the said counties, and that each of the said colonels do return, upon oath, to this Convention a muster roll of the regiment by him so mustered as aforesaid ; and that no person so drafted or enlisted receive his bounty until he shall have passed muster. Resolved unanimously, That one-half of the bounty to be given to the drafts from the militia, in the said counties, be sent to the committee of each county, to be paid unto the said troops immediately upon and after their passing muster as aforesaid ; and that the remainder of the bounty be paid when the said troops shall be mustered by the Con- tinental muster-master at their respective places of ren- dezvous ; and that His Excellency General Washington be requested to cause the said musters to be completed with all possible despatch. Resolved, That the Treasurer of this State do pay into the hands of the gentlemen hereafter named (members of this Convention,) on the behalf of the committees of the counties hereinafter mentioned, the following sums of mo- ney to be by the county committees applied in payment of the troops to be drafted from the militia of the said coun- ties ; and that the said committees respectively do render an account to this Convention of the disposition of the said sums of money, vizt : 536 JOURNAL OF THE PROVINCIAL CONVENTION. In Dutchess county, Colonel Antho. Hoffman,.. . $10,000 In Westchester county, Genl. Morris, 5,000 In Ulster county, Colo. De Witt 5,000 In Orange county, Colo. Allison, 4,000 In Suffolk county, Mr. Gelston, 2,000 In Queens, Mr. Townshend, 2,000 In Kings, 600 $28,600 General Morris informed this Convention, that Colo. Jo- seph Drake is colonel of the first regiment of West- chester county ; that as such, he conceives it was his right in a tour of duty, to have taken the command of the one- fourth part of the militia now ordered on service ; and that Colo. Drake, and many other officers, conceive themselves injured by the preference given to Colo. Thomas Thomas, and the other field officers nominated by this Convention for that service. Ordered, That General Morris, Mr. Duer and Mr. Govr. Morris, be a committee to confer with Colo. Drake and Colo. Thomas, and endeavour to accommodate and settle this matter, so as to prevent inconveniences, and the re- signation of Colo. Drake, and that they report as soon as possible. The letter from John Alsop, Esqr. dated the 16lh in- stant, resigning his seat in the Continental Congress, which had been received and read some days ago, was again read, and was in the words following, to wit : "Philadelphia, 16th July, 1776. " Hble. Gentlemen — Yesterday our President read in Congress a resolve of your Honble. Body, dated 9th in- stant, in which you declare New-York a free and indepen- dent State. I can't help saying that I was much surprized to find it come through that channel. The usual method, hitherto practised, has been for the Convention of each Colony to give their Delegates instructions to act and vote upon all and any important question. " And from the last letter we were favoured with from your body, you told us that you was not competent or au- thorized to give us instructions on that grand question, nor have you been pleased to answer our letter of the 2d in- stant, any otherwise than by your said resolve, transmitted to the President. I think we were entitled to an answer. " I am compelled, therefore, to declare thai it is against my judgment and inclination. As long as a door was left open for a reconciliation with Great Britain, upon honourable and just terms, I was willing and ready to render my country all the service in my power, and for which purpose I was appointed and sent to this Congress ; but as you have, I presume, by that declaration closed the door of reconcilia- tion, I must beg leave to resign my seat as a Delegate from New- York, and that I may be favoured with an an- swer and my dismission. " 1 have the honour to be, " With esteem, gentlemen, " Your most obdt. hble. servt. "JOHN ALSOP." Resolved unanimously, That this Convention do cheer- fully accept of Mr. Alsop's resignation of his seat in the Continental Congress, and that Mr. Alsop be furnished with a copy of this resolution. Ordered, That Mr. Duer and Mr. Morris be a commit- tee to prepare a draft of a letter to the Delegates of this Co- lony, to cover a copy of this last above resolution, or dis- mission of Mr. Alsop, and that they report with all conve- nient speed. The Convention then proceeded to take into farther con- sideration the report of the committee on the raising and ap- pointment of rangers in the northern counties of this Slate ; the same was read, and being again read by paragraphs, on reading the paragraph ascertaining the number of rangers for Albany county, Mr. Yates moved that it be obliterated and the following inserted in its stead, vizt : That there be raised in the city and county of Albany 200 men. officers included, to be at the disposal of the com- mittee of the said county ; 125 to be employed as scouting parties to range the woods, and the remainder to guard the stores, provisions, ammunition and vessels, in and about the said city, in conjunction with the militia of that city. Debates arose thereon, and the question being put on said motion, it was carried in the affirmative, in manner following, to wit : F or the affirmative. For the negative. Albany, 6 Suffolk, 4 Dutchess, 5 New-York 8 Charlotte, 2 Cumberland, 2 Tryon, 3 Ulster, 4 14 Queens, 4 Orange, 3 Westchester divided. 27 The farther consideration thereof postponed till the af- ternoon. Die Lunjs, 4 ho. P. M. July 22nd, 1776. The Convention met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, President. Col. Broome, Colo. Brasher, Mr. Dunscomb, Major Abcel, Mr. Bancker, Mr. Harper — For New-York. Mr. Contine, Colo. De Witt— Ulster. Mr. Little, Colo. Allison— Orange. Mr. Duer, Major Webster— Charlotte. Mr. Ab. Yates, Mr. Adgate, Mr. Bleecker— For Albany. Colo. Hoffman, Mr. H. Sehenk Mr. Sackett— Dutches. Mr. Sam. Townshend, Mr. Van Wyck, Mr. Jas. Townshend, Capt. Lawrence — Queens. Mr. Sessions, Colo. Marsh, Mr. Stephens — Cumberland. Major Smith, Mr. Gelston, Mr. Dearing, Mr. Hobart, Genl. Wood- hull, Mr. L'hommedieu — Suffolk. Major Lockwood, Colo. Gil. Drake, Mr. Haviland, Mr. Morris, Ge- neral Morris — Westchester. Mr. Moore, Mr. Harper, Mr. Veder, Mr. Paris— Tryon. Colo. Broome informed the Congress that he had fully inquired into the character of Christopher Terr.pler and find that he bears the character of a hearty friend to the American cause. Ordered, That he be discharged, and that he be allowed six shillings a day for his loss of time since he was com mitted, amounting to forty-eight shillings. And, Ordered, That the Treasurer of this State pay to the said Christopher Templer the said sum of forty-eight shil- lings for his loss of time, and take his receipt for the same. Ordered, That Colo. Broome give a pass to the said Christopher Templer to return to New-York. The Convention then resumed the consideration of the report of the committee on the raising and appointment of rangers in the northern counties of this State. On reading the paragraph relating to the nomination of officers, Mr. Morris moved, and was seconded by Mr. Duer, " That the officers of the rangers be appointed by this Convention." Debates arose thereon, and the question being put there- on, it was carried in the negative, in manner following, to wit : For the negative. For the affirmative. Albany, 6 Queens, 4 Dutchess, 5 Westchester, 4 Cumberland, 2 — Ulster, 4 8 New-York, 8 Tryon and Charlotte equally Suffolk, 4 divided. 29 Therefore the said motion was rejected. Mr. Duer then moved a new amendment to the said pa- ragraph, which was unanimously agreed to. The whole of the said report being read, amended and agreed to, was delivered to Mr. Duer and the former com- mittee, to be converted into resolutions. Mr. Morris from the committee for that purpose reported a draft of a letter to the Delegates of this State at Con- gress, on the subject of the dismission of John Alsop, 1 JOURNAL OF THE PROVINCIAL CONVENTION. Esqr. as a Delegate, which was read and approved, and is in the words following, vizt : " Gentlemen — I am directed by this Convention to enclose you the copy of a letter which they received from John Alsop, Esquire, together with two copies of their re- solution on that subject, one of which they request you to deliver to him. The Convention are much surprised to learn that a measure which they conceived necessary in this State to shew their warm approbation of the measures of Congress, and to strengthen the bands of Continental union, should disgust any gentleman ; nor can they disco- ver how their approbation of the Declaration of Indepen- dence can be construed an instruction to you to act or vote upon an occasion where every act was already performed, and every vote received ; and they are equally astonished to find themselves censured for declaring at one time that they were not competent or authorized to give instruc- tion on that grand question, when in fact they had no such authority, and for making such declaration at another time when they had received from their constituents a full au- thority for the purpose. "I am farther, directed, gentlemen, to assure you that if the measure of independency had originated with this Convention, they would gladly bear whatever measure of blame Mr. Alsop should in his wisdom think meet to con- fer upon them, as on the other hand they take care that all persons who avow sentiments inimical to the cause and rights of America, shall be prevented from affording aid or assistance to the common enemy. But as this grand step in American affairs has been taken by that Honourable Body, of which Mr. Alsop was once a member, the Convention are of opinion that it belongs to them, and to them only, to determine upon the little cavils of those who wish to keep open a door for their reconciliation. " I am directed, therefore, to desire that you will lay this letter, together with the copy of that gentleman's favour, and the resolution of the Convention in consequence of it, before the Congress ; since they will best be able to in- vestigate the meaning of the writer, and determine how far his knowledge of the public transactions may or may not be safely trusted in his custody. " I have the honour to be, gentlemen, " With great respect, " Your most obedt. and humble servt. *' To the Delegates of the State of New-York, at Congress." Ordered, That a copy of the said letter be engrossed, signed by the President, and transmitted, with a copy of the letter of John Alsop, Esqr. of the 16th instant, and two certified copies of the resolution of this Convention thereon of the 22nd instant, therein enclosed. Resolved unanimously, That a letter be wrote to Gene- ral Gates, requesting the favour of him to communicate to this Convention a candid state of our military opera- tions in the northern department, particularly with respect to the number of our forces, the state of health in which they are, and the intelligence he has received of the strength and designs of General Burgoyne's army ; and assuring him of every possible exertion in this Conven- tion to repel an invasion of the enemy in that quarter. Resolved, That Leonard Gansevort and Jacob Cuyler, Esquires, be a committee from this Convention to wait on General Gates with the said letter, and that they be di- rected to transmit to this Convention as soon as possible, the General's answer, and to make every observation which they may think will give to this Convention a full insight into the state of our northern army. Ordered, That Mr. Morris and Mr. Robert Harper be a committee to prepare a draft of such letter as above mentioned, to General Gates, and also to prepare a draft of a letter to Leonard Gansevoort and Jacob Cuyler, Es- quires, on the subject mentioned in the above resolutions. Whereas this Convention, upon an opinion that Tho- mas Thomas, Esqr. was the first colonel of the militia of 135 537 the county of Westchester, did tender unto him the said Thomas Thomas, the command of the regiment drafted from the said militia, which he did accept of : And where- as this Convention are now assured that Colo. Joseph Drake is the first colonel of the said county : And where- as it hath been represented to this Convention on the part of the said Joseph Drake, that his reputation may be ma- terially injured from a suggestion that the appointment of the said Thomas Thomas proceeded from an opinion that the said Joseph Drake was unfit to hold the said commis- sion ; in justice therefore to him, the said Joseph Drake, Resolved unanimously, That this Convention have a high opinion of the integrity, talents and military virtue of the said Joseph Drake, and that the preference given to him, the said Thomas Thomas, in the aforesaid appoint- ment, was merely owing to the mistake above mentioned. Ordered, That a certified copy hereof be sent to Colo. Drake without delay. DIE MARTIS, 8 ho. a. m. July 23rd, 1776. The Convention met pursuant to adjournment. Opened with prayers by the Revd. Mr. Lewis. Present — Brigadier-General Woodhull, President, Mr. Bancker, Major Abeel, Mr. Dunscombe, Mr. R. Harper, Colo. Broome, Colo. Brasher— For New-York. Colo. De Witt, Mr. Cantine— Ulster. Mr. Hen. Wisner, Mr. Little, Colo. Allison — Orange. Mr. Moore, Mr. W. Harper, Mr. Veder, Mr. Paris, Mr. Newkirk — Tryon. Mr. Ab. Yates, Junr. Mr. Adgate, Mr. Bleecker — For Jllbany. Mr. Sackett, Mr. Henry Schenk, Mr. Hoffman— Dutchess. Mr. Sam. Townshend, Mr. Van Wyck, Mr. James Townshend, Capt. Lawrence — Queens. Mr. Duer, Major Webster — Charlotte. Genl. Woodhull, Mr. Gelston, Major Smith, Mr. L'hommedieu, Mr. Dearing, Mr. Hobart, Mr. Miller — For Suffolk. Colo. Gilb. Drake, Mr. Morris, General Morris, Mr. Haviland — Westchester. Mr. Sessions, Colo. Marsh, Mr. Stevens — Cumberland. Mr. Duer informed the Convention that on the account of sundry matters now before the Convention, and yet to be considered, he desires to continue his attendance, at present, in the Convention ; that he was appointed to wait on Govr. Trumbull with Colo. Broome, with the despatch- es from this Congress, and that they are entrusted with very important despatches from Genl. Washington to Govr. Trumbull. That Mr. Hobart has consented to go with Colo. Broome on that service (if agreeable to this Con- vention) instead of Mr. Duer. Resolved, That Mr. Hobart and Colo. Broome be a com- mittee to wait on his Honor Govr. Trumbull of the State of Connecticut, for the purposes mentioned in the resolu- tions of this Convention on the 16th instant. The Convention were informed that provisions are very scarce and dear in the city of New-York ; that they have, notwithstanding, been shipped for exportation, and have fallen into the hands of the enemy : Therefore, Resolved, That no provisions whatever shall be laden for exportation on board of any ship or vessel at the port of New- York, or from any other part of this State, unless for the use of the crew of such ship or vessel, or for the necessary supply of any of the United Stales of America, until further order ; and that the city and county of New- York shall be first applied to for their permission to export any provisions for the purposes aforesaid, which said com- mittee are hereby empowered to judge and determine upon the propriety of granting such supplies. Resolved, That in all cases where a breach shall be made in the above resolution, the vessel and cargo shall be forfeited to the use of this State ; and the persons guilty of infringing it, shall be held up as enemies to the United States of America. 538 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Morris, from the committee for that purpose, report- ed the draft of a letter to Major-General Gates, which was read and approved of, and is in the words following, vizt : " Sir — I am directed by the Convention of this State, to make it their earnest request, that you will do them the honour of communicating a full statement of the military operations which you now superintend. It is by no means an idle curiosity which prompts the Convention to inquire into the number of forces under your command, and their situation as to arms, health, provisions, and other necessa- ries ; as also what intelligence your Honor may have ob- tained of the strength and designs of Genl. Burgoyne. But as the war is now brought to our doors, and this State in- vaded at each extremity, the utmost attention and strictest inquiry are necessary in the Legislature, that they may be enabled to give all the assistance in their power to the se- veral armies employed in our defence. I am further direct- ed to inform your Honor that this letter will be handed to you by Leonard Gansevoort and Jacob Cuyler, Esqrs. a committee of this Convention, who are sent to receive such intelligence as you may think necessary to give a complete idea of the situation of our northern army, and to assure your Honor that the Convention will make the most stre- nuous exertions to repel any invasion which may be me- ditated against us in your department. " I have the honour to be, " With the greatest respect, sir, " Your most obedient and humble servant. " Major Genl. Gates." Ordered, That a copy of the said letter be engrossed and signed by the President, and transmitted to Messrs. Gansevoort and Cuyler unsealed. That a copy of the re- solution of this Convention to write to General Gates, be therein enclosed. Mr. Morris, from the committee for that purpose, report- ed a draft of a letter to Messrs. Gansevoort and Cuyler, which was read and approved of, and is in the words fol- lowing, to wit : "Gentlemen — I am directed by the Convention to en- close you a copy of two resolutions of this date, together with a letter to Brigr. Genl. Gates, at Ticonderoga, which we leave open for your perusal. It is the wish of the Con- vention that you should immediately wait on Genl. Gates with his letter, and that you should likewise exert your- selves in obtaining every intelligence from your own obser- vation which you think will tend to give to this House a full insight into the state of our northern army. " In the letter which this Convention has ordered to be wrote to Genl. Gates, they have chiefly confined their in- quiries to the number of our forces, the state of health they are in, and Genl. Burgoyne's designs. From motives of delicacy, this Convention has not thought proper to inquire of Genl. Gates whether proper harmony prevails amongst the officers, and subordination amongst the troops. These are objects of infinite consequence, and on which the fate of a battle has often depended ; the Convention, therefore, wish you will pay particular attention to obtain proper in- formation on these points. Your own prudence and know- ledge of the world, will lead you to obtain these inquiries in the most delicate manner possible. You will be pleased to transmit Genl. Gates' answer by express, together with your own observations, in writing, in case you should be detained in joining this Convention. " I am, &c. " To Jacob Cuyler and Leond. Gansevoort, Esqrs. Albany." Ordered, That a copy of the said letter be engrossed and signed by the President, and transmitted with copies of the resolutions relating to their going to the northern army therein enclosed. Mr. Duer according to order brought in a set of resolu- tions formed on the report of the committee, for the raising and appointment of rangers in the northern counties, which being read, were again read by paragraphs, and amended ; and the same being read the third time, were unanimously agreed to, and are as" follows, to wit : Whereas from the best information this Convention has obtained, the inhabitants in the western and northern parts of the county of Albany, and the inhabitants of the counties of Tryon, Charlotte, Gloucester, Cumberland, Ulster and Orange are greatly exposed to the Indians, and several fa- milies in some of the above mentioned counties from the dangers they apprehend, have already removed, and it is probable others will remove into the interior parts of this State, to the inevitable destruction of many, and to the great distress of the public. In order, therefore, to induce those inhabitants to remain in their possessions, and to afford them a protection against the inroads of the Indians, Resolved unanimously, That there be raised in the county of Albany, one hundred and twenty-six men, officers included, to be employed as scouting parties to range the woods, and that the same be divided into two companies, each company to consist of one captain, two lieutenants, three sergeants, three corporals and fifty-four privates : That in like manner, and for the same service, two hun- dred and one men be raised in the county of Tryon, to be divided into three companies, each to consist of 1 captain, 2 lieutenants, 3 sergeants, 3 corporals and 58 privates : That in like manner, and for the same service, 252 men be raised in the counties of Gloucester and Cumberland, for the joint defence of both counties, and that those men be divided into four companies, each company to consist of 1 captain, 2 lieutenants, 3 sergeants, 3 corporals and 54 privates : That in like manner, and for the same service, 120 men be raised in the county of Charlotte, to be divided in the following manner, vizt : 2 companies, each to consist of 1 captain, 1 lieutenant, 3 sergeants, 3 corporals and 42 privates, and one party to consist of 1 lieutenant, 1 ser- geant, 1 corporal and 17 privates: That in like manner, and for the same service, 201 men be raised in the county of Ulster, to be divided into three companies similar to those of the county of Tryon : That one company be raised for the county of Orange, to consist of 1 captain, 1 lieutenant, 3 sergeants, 3 corpo- rals and 47 privates : That the commissioned officers of the companies of the counties of Albany, Tryon, Charlotte, Ulster and Orange, be nominated for approbation and appointment of this Con- vention, by the respective county committees, and that the said county committees issue warrants for levying those troops, to such persons whom they propose to nominate for companies ; and it hereby is strongly recommended to them to nominate persons of sober and active dispositions for these appointments : That the commissioned officers of the counties of Cum- berland and Gloucester, be nominated by the mutual consent of the committees of both counties, and that warrants issue to the captains of each company in the same manner as before directed : That the pay of the officers and privates be the same as the pay of the Continental troops : That a bounty be allowed to each non-commissioned officer and private of 25 dollars upon his passing muster : That to each captain be allowed 16s.; to each lieutenant 14 shillings; and to each non-commissioned officer and private 10 shillings per week, in lieu of all rations : That the officers and privates furnish themselves each with a good musket, or firelock, powder-horn, bullet-pouch and tomahawk, blanket and knapsack : That the companies in the counties of Albany, Trvon, Charlotte, Ulster and Orange, be confined to the service of those counties, unless called forth to the defence of a neigh- bouring county, or State, by the mutual consent of the bordering county committees of the respective counties, or States : That the companies in the counties of Cumberland and JOURNAL OF THE PROVINCIAL CONVENTION. 539 Gloucester, be under the command of a major, to be ap- pointed by this Convention : That the major commanding the rangers in the counties of Gloucester and Cumberland, shall march to the relief of any of the neighbouring counties, or States, upon a mu- tual application from the county committees of such re- spective counties, or States, or upon an application from the Continental officer commanding in the northern depart- ment ; provided that such Continental officer do not call those companies out of the said three counties of Cumber- land, Gloucester and Charlotte : That each officer of the respective companies of rangers shall, before he receives his warrant, lake an oath before the chairman of the county committee from whence he is to be recommended, that he will once in every month, or as soon after the expiration of any month as possible, trans- mit to the Convention, or Legislature of this State, a mus- ter roll of the names of every officer or private under his command, and their respective times of enlistment and service, and that any officer who shall return a false muster roll, shall on conviction thereof, lose his pay, and be cashiered, and forever thereafter rendered incapable of holding any office, civil or military, in this State. That all the companies of rangers shall at any future time be under the direction and command of such person or persons, and be continued so long in the service as this Convention or a future Legislature of this State shall please to appoint, not exceeding the duration of the present war ; and that all these troops be subject to the Continental rules of war, till further orders from this Convention, or a future Legislature of this State. Resolved, That one-half of the bounty be paid by the captain of each company, to every able bodied man, when he shall pass muster ; and that so soon as the first muster roll of every company shall be received by this Conven- tion, the other half shall be remitted by this Convention to the respective county committees of Albany, Tryon, Orange, Ulster and Charlotte counties, and to the major command- ing the Gloucester and Cumberland rangers, to be by them issued to the captains of their respective companies, and immediately disbursed to the men. Ordered, That certified copies of the aforegoing resolu- tions, be transmitted with all despatch, to the respective committees of the counties aforementioned. The committee appointed to take into consideration the expediency of raising a company of men to guard the stores and vessels with provisions and ammunition in the city of Albany, delivered in their report, which was read, and the same being again read and amended was unanimously agreed to, and is in the words following, to wit : Resolved, That seventy-five men, officers included, be raised to guard the stores and vessels with provisions and ammunition, in and about the city of Albany; that they be under the pay of this Slate ; that they be embodied into one company, to consist of one captain, two lieutenants, four sergeants, four corporals, one drummer and one lifer, and sixty-two privates ; that they furnish themselves each with a gun or musket, one pouch or cartouch box, one to- mahawk or cutlass ; that they be allowed Continental pay, and be subject to the Continental rules and articles of war ; and that instead of rations, the captain be allowed sixteen shillings, the lieutenants twelve shillings, and the non-com- missioned officers and privates seven shillings per week ; that they be under the direction of the committee of the city and county of Albany, and in their absence the sub- committee of the city of Albany ; that they be continued in the said service until the first day of December next, unless sooner discharged by this or a future Convention, or Legislature of this State. DIE MERCURII, 9 ho. a. m. July 24th, 1776. The Convention met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, President. Air. Bancker, Colo. Brasher, Mr. Dunscombe— For Neva-York. Mr. Contine, Major Parks, Colo. De Witt— Ulster. Mr. Van Wyck, Mr. Sam. Townshend. Mr. Jas. Townshend, Major Lawrence, Mr. Wat. Smith — Queens. Mr. Adgate, Mr. Bleecker — ilbany. Mr. Landon, Mr. Sackett, Mr. H. Schenk, Colo. Hoffman— Dutchess. Mr. Little, Mr. Outwater, Mr. Wisner— Orange. Major Webster, Mr. Duer — Charlotte. Genl. Woodhull, Mr. Tredwell, Mr. Miller, Major Smith, Mr. L'hom- medieu, Mr. Dearing, Mr. Gelston — Suffolk. Mr. Morris, Mr. Haviland, Colo. Gil. Drake, Genl. Morris — West- chester. Mr. Sessions, Colo. Marsh, Mr. Stevens — Cumberland. On reading the report of the committee of Westchester county, which was read and filed, Ordered, That the keeper of the jail of Westchester county, do discharge Robert Sutton out of custody, on ac- count of any order of detention by this Convention. Ordered, That Captain Jeremiah Wool be requested to send, by the first safe and convenient opportunity, to John McKesson, one of the Secretaries of this Convention, all the papers by him seized and taken from the several per- sons of the name of Youngs, at or near Cold Spring, and also the papers in like manner taken from Isaac Ketcham. Mr. L'hommedieu, from the committee appointed to re- port such amendments as are necessary farther to encou- rage the manufacture of saltpetre, brought in the report of the said committee, which he read in his place, and deli- vered in at the table, where the same was again read. Ordered, That the farther consideration thereof be post- poned till the afternoon. A letter from the chiefs of the Onenhoghkwage and Tuscarora nation of Indians, to Henry Wisner, Junr. Esqr. of Ulster county, dated the 4th of June, instant, was read and filed. They thereby request a supply of gunpowder, lead and flints, give assurances of their peaceable disposi- tion and neutrality, and invite the inhabitants to trade with them in gunpowder and goods. Resolved and Ordered, That two hundred weight of gunpowder, with an adequate supply of lead and flints, be sent as a present to those Indian nations by this State ; that Henry Wisner, Junr. Esqr. be and is hereby authorized to forward the said gunpowder, lead and flints, to the said In- dian chiefs. Colo. De Witt informed the Convention that there are a number of Indians in some parts of the county of Ulster, to whom it would be good policy to distribute a small sup- ply of gunpowder. That there are also a few very indi- gent persons on the Delaware, who are very hearty friends in the American cause, but that they are destitute of gun- powder, and have applied to the committee of Rochester and to the county committee of Ulster county for a small supply of that article, which could not there be furnished to them. Ordered, That seventy weight of gunpowder be deliver- ed by Henry Wisner, Jr. Esqr. to Major Arthur Parks, Dirck Wynkoop, William Peek and Andw. Stewart, Esqrs. or either of them, to be distributed gratis to the said Indians in Ulster county, and to such indigent friendly in- habitants of Ulster county, near the Susquehanna, as they mav think proper. Ordered, That Mr. Wisner and Mr. Govr. Morris be a committee to prepare and report a draft of a letter to the said Onenhoghkwaga and Tuscarora Indian nations, ac- quainting them of the said presents, and of the disposition 540 JOURNAL OF THE PROVINCIAL CONVENTION. of this State towards them ; and also a committee to re- port a draft of a letter to the superintendents of Indian af- fairs, to cover a copy of the said letter from the Indians, and of the letter in answer thereto, and to acquaint them of what has been ordered by this Convention. On motion, Resolved unanimously, That a committee be appointed to inquire into and report " what officers were in the ser- vice of this State last year, who merit the further patronage of this Convention, and to devise modes of providing for ail such deserving officers, who stood forth in defence of the liberties of America in the dawn of this dispute." Ordered, That General Morris, Colo. Hoffman and Abraham Yates, Esqr. be a committee for the purpose above mentioned. The Convention look into consideration the State of the treasury. After some time spent therein, Resolved unanimously, That two hundred thousand pounds, in bills of credit, be immediately struck and issued for the public exigencies of this State ; And that Mr. Roosevelt, Mr. Bancker, Colonel Brasher, Mr. Tredwell and Mr. Harper, be a committee to report the most expeditious and useful ways and means for carry- ing the same into execution. Resolved unanimously, That Comfort Sands, Esquire, be, and he hereby is, appointed Auditor-General of the pu- blic accounts of this State, during the pleasure of this Con- vention. And Resolved, That the said Auditor-General be allowed a salary, at and after the rate of three hundred pounds per annum, to be paid to him quarterly. Resolved, That Mr. Govr. Morris, Mr. Duer and Mr. L'hommedieu, be a committee to report upon the mode of auditing and passing the public accounts of this State, and such other matters as may be necessary for the regulation of the treasury of this State. Mr. Duer gave notice that he intended to-morrow to move this Convention that the order for furnishing two hun- dred weight of gunpowder to the Indians at Onenhoghkwa- ga and Tuscarora be reconsidered, if a majority of the Con- vention, pursuant to the sixth standing rule, consent to such motion ; and he moved (seconded by Mr. Ab. Yates) that the sense of the Convention be taken whether he shall be permitted to make such motion. Debates arose thereon, and the question being put, it ■was determined in the affirmative, in manner following, vizt : For the affirmative. Albany, 6 Dutchess, 5 Cumberland, 2 New-York, 8 Charlotte, 2 Ulster, 4 27 For the negative. Westchester, 4 Orange, 3 Queens, .. 4 Suffolk, 4 15 Major Webster, Mr. Duer — Charlotte. Genl. Woodhull, Mr. Tredwell, Mr. L'hommedieu, Mr. Smith, Mr. Miller, Mr. Gelston— Suffolk. Mr. Wisner, Mr. Outwater, Mr. Little— Orange. Mr. Sessions, Colo. Marsh, Mr. Stevens— Cumberland. Mr. Contine, Major Park, Colo. De Witt— Ulster. Mr. Sam. Townshend, Mr. Jas. Townshend, Mr. Wat. Smith— Queen*. Resolved, That the Treasurer of this Slate do advance the following sums to the Deputies of the different coun- ties where the rangers are to be raised, being one half of the bounty resolved on by this Convention for those forces, taking a receipt, of the several Deputies of each county for the respective sums under mentioned, to wit : To the Deputies of Albany, £600 To the Deputies of Tryon county, 960 To the Deputies of Cumberland county for the rangers to be raised in Gloucester and Cumberland counties, 1,200 To the Deputies of Ulster county, 960 To the Deputies of Orange county, 265 To the Deputies of Charlotte county, 575 Therefore, Ordered, That Mr. Duer have leave to make such mo- tion for the reconsideration of the said order. On the recommendation of the members from Cumber- land county, ihe Convention unanimously agreed to appoint Joab Hoisington, Esqr. to be major of the rangers to be raised in the counties of Gloucester and Cumberland. Ordered, That the Secretaries prepare a draft of a com- mission for him. Die Mercurii, 4 ho. P. M. July 24th, 1776. The Convention met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Harper, Mr. Bancker, Mr. Dunscorabe, Colo. Brasher — For New- York. Colo. Hoffman, Mr. Landon— Dutchess. Mr. Moore, Mr. Harper, Mr. Newkirk, Mr. Veder— Tryon. Mr. Yates— Mbany. Colo. Gil. Drake, Mr. Haviland, Mr. Tompkins, Mr. Mills— West- chester. £4,560 The committee appointed to examine into two charges against Lieutenant-Colo. James Hamman — the first, that he had not acted uprightly in the purchase of some pork on account of this Slate ; and the other, of a neglect of duty in that evening when the enemy's ships lately proceeded up Hudson's river — reported that they had examined all the witnesses who appeared or were brought before them as to each of the said charges, the substance of whose testi- mony they reported. The said committee farther reported that it appears to them that the charges exhibited against Lieutenant-Colonel Hamman are entirely groundless ; and that therefore Lieut. Colo. James Hamman ought to be acquitted from all far- ther trouble in the premises, that he may immediately re- turn to his duty. The evidence given to that committee, whereon they founded their report, was read and filed. Resolved, That this Convention agrees with their com- mittee in the said report. A petition of William Eagles, of the city of New-York, carpenter, setting forth his services to his country and his skill as a mechanic, was read. He thereby prays for em- ployment. Resolved, That Messrs. Jay, Robt. R.Livingston, Yates, Tappen, Gilbt. Livingston and Paulding, be requested to employ the said Wm. Eagles, agreeable to the prayer of his petition, or in any other way wherein they may find him most useful to this State. The committee appointed to devise means for employ- ing Mr. James Stewart in the service of this State, deli- vered in their new report, which was read, and being read a second time, the Convention proceeded to hear the same read by paragraphs ; several paragraphs were read and amended. The whole afternoon being spent, for want of light, the farther consideration thereof is deferred till to-morrow. The Convention having this day agreed to appoint Joab Hoisington, Esqr. major of the rangers to be raised in the counties of Gloucester and Cumberland, a draft of a commission for him was read and approved of, and is in the words following, to wit : " In Convention of the Representatives ) of the State of New- York. J To Joab Hosington, Esqr. Greeting : " Whereas this Convention did on the 23d day of July inst. direct and order the raising and embodying two hun- dred and fifty-two men, officers included, in the counties of Gloucester and Cumberland, for the joint defence of both counties, and of the neighbouring counties and States, to be divided into four companies, to be under the command of a major : " Now therefore, we the representatives of the State of New-York, reposing especial trust and confidence in JOURNAL OF THE PROVINCIAL CONVENTION. 541 your patriotism, martial valour, vigilance, conduct and fide- lity, do by these presents constitute and appoint you to be major of the said four companies of rangers, so to be rais- ed as aforesaid, for the defence of American liberty, and for repelling every hostile invasion thereof. You are there- fore carefully and diligently to discharge the duty of major by doing and performing all manner of things thereunto belonging ; and we do strictly charge and require all offi- cers and soldiers under your command to be obedient to your orders as major ; and you are to observe and follow such orders and directions from time to time as you shall receive from this or a future Convention of the State of New- York, or the Congress of the United States of Ame- rica, or Commander-in-Chief for the time being of the ar- my of the United States of America, or any other your su- perior officers, according to the rules and discipline of war, in pursuance of the trust reposed in you. " This commission to continue in force until the end of the present war, unless sooner revoked by the Congress of the United States of America, or the Convention or Legis- lature of the State of New-York. "Dated at White Plains, in Westchester county, the twenty-fourth day of July, one thousand seven hundred and seventy-six. " By order of the Convention." Ordered, That a copy of the said commission be en- grossed, and signed by the President, and countersigned by one or both of the Secretaries, and delivered to the said Joab Hoisington. THURSDAY MORNING, July 25th, 1776. The Convention met pursuant to adjournment. Present — Brigadier-General Woodhull, Prest. Mr. Bancker, Mr. Dunscomb, Mr. Rutgers, Mr. Harper, Colo. Brasher — For New-York. Mr. Jas. Townsend, Mr. Saml. Townsend, Mr. Smith— For Queens. Mr. Moore, Mr. Newkerk, Mr. Harper — Tryon. Mr. Abm. Yates, Mr. Bleecker— -For Albany. Colo. Hoffman, Mr. Landon, Mr. Sacket— For Dutchess. Mr. Duer, Mr. Webster— Charlotte. Genl. Woodhull, Mr. Smith, Mr. L'hommedieu, Mr. Gelston, Mr. Tredwell— For Suffolk. Mr. Outwater, Mr. Little, Mr. Wisner— For Orange. Mr. Contine, Major Parks— For Ulster. Genl. Morris, Mr. Morris, Mr. Mills, Mr. Haviland, Mr. Tompkins — For Westchester. Mr. Marsh, Mr. Sessions— Cumberland. A letter from Colo. Pierre Van Cortlandt and Zephaniah Piatt, Esqr. dated at Peeks Kill on the 23d instant, was read and filed. They thereby inform that by a council of war, held at Fort Montgomery, it was agreed that 300 men will be a sufficient guard on the east side of Hudson's river from Anthony's Nose to Croton ; that the New-England forces will depart on Saturday next, and request that such of the new levies as are raised may be on the ground by that time ; that in order to discharge the subsistence of the men and horses, and other necessary expenses, they want immediately six hundred pounds, and request that sum to be paid to the bearer, John Levinus. Ordered, That the Treasurer of this State do pay to John Levinus, the sum of six hundred pounds for the use of Co- lonel Pierre Van Cortlandt and Capt. Zeph. Piatt, agreea- ble to their request, for discharging the subsistence of the troops who have been attending on duty on the east side of Hudson's river, with their horses, and such other ex- penses as have accrued in that service, and they choose to discharge ; and that the Treasurer lake a receipt of the said John Levinus for that sum. Ordered, That Brigr. General Morris command that the men drafted from the militia in his brigade, be marched immediately to the mouth of Croton river, to perform duty 136 and be under the command of the officer or officers com- manding the American troops and militia there. And Ordered, That Capt. Townshend of Westchester coun- ty, return to duty with his company at the mouth of Cro- ton river, and such places adjacent, as such commanding officer, as aforesaid, shall direct. A draft of an answer to Colo. Van Cortlandt and Capt. Piatt, was read and approved of, and is in the words fol- lowing, to wit : " Gentlemen — I am directed to inform you that agree- able to the request of your letter of the 23rd instant, which was this day delivered, the Convention have issued an or- der upon the Treasurer for the sum of six hundred pounds, to be paid to John Levinus, and to be accounted for by you. And that they have further given orders to General Morris for marching the men drafted from his brigade, and also that Capt. Townshend march with his company, to the mouth of Croton river immediately. " I have the honour to be, gentlemen, "Your most obedt. hum. " To Colo. Van Cortlandt and Zephania Platt, Esqr." A letter from Mr. Balthazer De Hart, was read and filed. He therein sets forth that he had served his country last campaign as an officer, with much fatigue and diligence ; that he is ready to continue his services to his country, and requests to be farther employed in some military depart- ment. Ordered, That the said letter be referred and delivered to the committee appointed to report a method of employ- ing the officers who served with reputation last year, and are now unemployed. A member informed the Convention that Balthazer De Hart could give useful information as to many disaffected persons at Shrewsbury, who keep up a communication with the enemy. Ordered, That Mr. Wisner and Mr. L'hommedieu be a committee to examine Mr. Balthazer De Hart as to such disaffected persons and communication with the enemy, as he knows or can give information of. A letter from Andrew Adams, chairman of the commit- tee of Litchfield, dated the 22nd instant, was read and filed, and is as follows : " Litchfield, 22nd July, 1776. " Sir — The committee of this town have duly received, by the hand of Abraham Depeyster, Esqr. your letter of 18th instant, together with 12 prisoners sent here to be confined in our jail. The committee, sensible of the situa- tion of the State of New- York, and grateful for the good opinion you express of our zeal in the common cause, are entirely willing to give all possible aid in our power to a neighbour State ; but the situation of our jail in this town is such at present, having on hand near forty prisoners of war, a number of which we are obliged to keep confined, besides six other prisoners sent here from Fairfield and Dutchess counties to close confinement for disaffection to the rights and liberties of the United States of America, corresponding with the enemy, &c. together with a num- ber of other criminals for various crimes, all to be confined in two very uncomfortable rooms, the whole jail consisting of but three, one of which is occupied by a woman con- fined for murder, that renders the confinement of those prisoners in this jail incompatible, either with the public safety or even with the safety of the prisoners' lives, some of whom are now sick. We have, however, teceived them for the present, trusting that, upon the above information, your Convention would think their immediate removal ab- solutely necessary ; to which their earliest attention is re- quested, as our jail is not sufficient for the prisoners we before had, besides others expected from within this coun- ty. For the above reasons, Mr. Depeyster has not com- mitted to our care the mayor of your city, but has taken for him private lodgings, under the care of a particular 542 JOURNAL OF THE PROVINCIAL CONVENTION. gentleman for his safe custody, until he can know your pleasure in the premises. To him we beg leave to refer you for further particulars, and are " With great respect, "Your most obedient humble servants. (Signed,) " Per order, " ANDW. ADAMS, Chairman:' Ordered, That Mr. Landon, Mr. L'hommedieu and Mr. Wisner be a committee to consider the state of the prison- ers lately sent to Litchfield, and to report what may be necessary to be done in their case. Ordered, That Colo. Hoffman and Capt. Rutgers pro- ceed to Harlem, and make proper inquiry whether this Convention can be there properly accommodated with con- venient lodgings. On motion, Resolved, That Mr. Yates, Mr. William Harper, Mr. Wisner and Mr. Contine be a committee to reconsider whether any and what quantity of gunpowder shall be sent to the Indians at Onenhoghkwaga and Tuscarora and in what manner. Ordered, That Mr. Gelston and Mr. Smith of Suffolk county, be added to the late committee appointed to report the best method for encouraging the manufacture and im- portation of salt. Ordered, That Mr. Robert Harper and Colo. Brasher be a committee to prepare and report a draft of a pe- remptory resolution that the committee of Albany return to this Convention a copy of their proceedings against Abraham Cuyler, Henry Cuyler, Stephen De Lancey, John Duncan, Benjamin Hilton and John Monier, whom the said committee have sent prisoners to Hartford in Con- necticut. The committee appointed to take into consideration and report the most proper mode for employing in the service of this State, Mr. James Stewart, late lieutenant in Colonel Livingston's regiment, delivered in their report, which was read ; and the same being read paragraph by paragraph and amended, was agreed to, and is in the words following, to wit : Resolved, That the said James Stewart is deserving a captain's commission in the service of this State, and that a warrant be immediately given him to raise a company with all possible despatch ; that the said company ought to consist of Scotch Highlanders, or as many of them as pos- sible, and that they serve during the war, unless sooner discharged by this Convention, or a future Legislature of this State ; that the said company shall consist of 1 cap- tain, 1 lieutenant, 1 ensign, 4 sergeants, 4 corporals, 1 drum, 1 fife, and not less than sixty-two privates ; that a bounty of fifteen dollars be allowed to each non-commis- sioned officer and private ; that they be entitled to Conti- nental pay and rations, and subject to the Continental arti- cles of war, till farther orders from this Convention or a future Legislature of this State. That the said James Stewart shall not receive pay as a captain until he shall have returned to this Convention or a future Legislature of this State, a regular muster roll, upon oath, of thirty able bodied men duly enlisted. That the Treasurer of this Convention be ordered to advance to the said James Stewart one hundred and forty- four pounds in order to enable him to advance the bounty to those he may enlist, taking his receipt to account for the same to the Treasurer of this State. That as soon as the said James Stewart shall have re- turned to this Convention, or future Legislature of this State, a regular muster roll of thirty able bodied men, duly enlisted, certifying that the said men have been mustered in the presence of a person to be appointed by the chair- man of the committee of the city and county of Albany, or of a person to be appointed by the chairman of the commit- tee of the city and county of New-York, that then, and not before, the said James Stewart shall be authorized to draw upon the chairman of the committee of the city and county of Albany for the further sum of one hundred pounds, in order that he may be enabled to proceed in his enlistment, giving his receipt to account for the same to the Treasurer of this State ; and that when the said James Stewart shall have duly enlisted and mustered in the presence of a person to be appointed by the chairman of the committee of the city and, county of Albany, the whole of his company, or as many as he can enlist, that then he shall be entitled to receive of the said chairman of the county committee, the remaining proportion of bounty due to the non-commissioned officers and privates, which he shall have enlisted. That if the said James Stewart shall not be able to complete the enlistment of this company that he shall make a report of the same with all despatch, to the President of this Convention, or to a future Legislature, who will either order his commission to issue, or make such farther provi- sion for his trouble in recruiting, as the equity of the case shall require. That the Treasurer of this Convention be ordered to remit into the hands of John Barclay, Esquire, of the city of Albany, the sum of two hundred and eighty-eight pounds on or before the last day of September next, in order to enable him to make unto the said James Stewart the dis- bursements aforesaid. That the said James Stewart shall be authorized to engage to each man the sum of seven shillings per week billeting money, till such time as farther provision is made for the subsistence of his recruits. That the said company when raised, shall either be employed as an independent company, or incorporated in- to any battalion, as to this Convention, or to a future pro- per authority of this State, shall appear advisable. Die Jovis, 5 ho. P. M. July 25th, 1776. The Convention met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. Colo. Brasher, Mr. Bancker — New-York. Mr. Landon— Dutchess. Mr. Wisner, Mr. Outwater — Orange. Mr. Duer, Major Webster — Charlotte. Mr. Ab. Yates — Albany. Mr. Morris, Gent. Morris, Mr. Tompkins— Westchester. Mr. Wat. Smith — Queens. Gent. Woodhull, Mr. Gelston, Mr. Smith, Mr. Tredwell, Mr. L'hom- medieu — Suffolk. Mr. Moore, Mr. Harper — Try on. Mr. Governeur Morris informed the Convention that sun- dry pilots have lately gone off and disappeared. Sundry affidavits with respect to inimical declarations and threats, used by William Sutton and his son John Sut- ton, taken before the committee of safety of Westchester county, together with the examinations of the said William Sutton and John Sutton, were received from the said com- mittee, and read and filed. It thereby appearing to this Convention that the said William Sutton and John Sutton, are both persons whom going at large might endanger the liberties of America, Resolved unanimously, That the committee of safety of Westchester county be requested to have them respective- ly confined in safe custody. Major Webster mentioned to the Convention sundry cir- cumstances relating to the forwarding of money for the raising of rangers in Charlotte county, and other matters relating to the public service, which require his going to that county ; that he will return speedily, or send down an- other member to this Convention, and requested leave of absence. Ordered, That Major Webster have leave of absence, and that in the meantime Charlotte county be considered as represented by Mr. Duer, and have a voice in this Con- vention as usual. The Convention were informed that a certain Henry Chase has been committed to the jail at White Plains, by an order from the major. JOURNAL OF THE PROVINCIAL CONVENTION. 543 DIE VENERIS, 9 ho. a. m. July 26th, 1776. The Convention met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Harper, Mr. Bancker, Colo. Brasher, Mr. Dunscomb — For New- York. Colo. De Witt, Mr. Contine, Major Park— Ulster. Mr. Wisner, Mr. Outwater, Mr. Little —Orange. Mr. Duer— Charlotte. Mr. Yates, Mr. Bleecker, Mr. Adgate — ilbany. Mr. Landon — Dutchess. Mr. Sam. Townshend, Mr. James Townshend, Mr. Wat. Smith- Queen*. Mr. Sessions, Colo. Marsh, Mr. Stevens — Cumberland. Genl. Woodhull, Mr. Smith, Mr. L'hommedieu, Mr. Gelston, Mr. Bearing— Suffolk. Mr. Mills, Genl. Morris — IVestchester. Mr. Moore, Mr. Harper, Mr. Newkerk — Tryon. Ordered, That seven thousand five hundred weight of lead be supplied and delivered by Colo. Curtenius to Colo- nel Marsh, Mr. Stevens and Mr. Sessions, or either of them, for the use of the rangers and inhabitants of the counties of Gloucester and Cumberland, and that Mr. Rich- ard Norwood, Commissary to deliver stores, deliver to the same Colonel Marsh, Mr. Stevens and Mr. Sessions, or either of them, two thousand flints, for the use of the same rangers and inhabitants. And Ordered, That the Treasurer pay to the said Colonel Marsh, Mr. Stephens and Mr. Sessions, on their receipt, the sum of seventy pounds, to enable them to transport the said lead and flints to the committees of the counties of Gloucester and Cumberland, and that Colo. Marsh, Mr. Stevens and Mr. Sessions, the Deputies in this Convention from Cumberland county, be accountable for the expendi- ture of that money. Mr. Wisner brought in, (according to order,) the testi- mony of Ballhazer De Hart, Esqr. which was read and fil- ed. It thereby appears that the inhabitants at Deal, in Monmouth county, of New-Jersey, are disaffected ; that sundry persons therein named have had some correspon- dence with the enemy, as therein mentioned, and that se- veral suspicious characters from New-York are in Mon- mouth county. Ordered, That three copies thereof be prepared, one to be sent to Genl. Washington, another to the Convention of New-Jersey, and the 3d to the committee of Monmouth county, and that Mr. Duer and Mr. Morris report letters to accompany the same. The committee to whom the letter from the Onenhogh- kwaga and Tuscarora Indians to Mr. Wisner was referred, reported that it is their opinion that Mr. Wisner be required to answer the said letter, and in his answer to inform them that he makes them a present of seventy pounds of gun- powder, one hundred and fifty pounds of lead and 150 flints, and that he hopes that it will not be long before we will be enabled to supply them, in a way of trade, with any thing they may stand in need of; and that Mr. Wis- ner charge this Convention with the said gunpowder, lead and flints, and the expense of necessary transportation. Resolved unanimously, That this Convention agrees with their committee in the said report. The President informed the Convention that Mr. Fre- derick Jay, from the committee of the White Plains, had applied to him, and says that Capt. Townshend's company has been always considered as under the direction of the said committee, and that they will have speedy occasion for them. The Convention took the same into consideration, and are of opinion that Capt. Townshend should leave a ser- geant and six men to guard the Court House ; and the re- sidue of the company, on account of the present danger from the enemy in Hudson's river, proceed to Hudson's river. The committee appointed to consider the state of the prisoners lately sent to Litchfield, and to report what may be necessary to be done in their case, brought in their re- port, which consisted of a letter of request to Govr. Trum- bull, which was read and approved, and is in the words following, to wit : " Sir — I am directed to acquaint you that this Conven- tion lately sent thirteen prisoners from New-York to Litch- field, in your Colony, with a request to the committee of that county to secure them in close confinement. We were induced to take this measure, as we esteemed it unsafe to venture such persons in any parts of this State now at- tacked by the enemy. " The crimes alleged against those prisoners, and the disposition we requested to be made of them, you will see by the enclosed copy of our letter to the committee of Litchfield. " The committee of Litchfield by their letter of the 22nd instant, the copy of which we enclose, inform us, that from the number of prisoners already confined in their jail it is incompatible with the public safety, and with the safety of the lives of those prisoners, to keep them any time in that jail where they are now confined, and desire measures may be taken for their immediate removal. " We make no doubt of the readiness of the people of your government to give this State all necessary assistance in securing those persons, but as we are unacquainted in what proper places they may be secured, we take the li- berty to request your honour that you will be pleased to give orders for the removal of those prisoners lo such se- cure and convenient places in your government as you shall judge best. " This will be handed you by Abraham Depeyster, Esqr. who will give you a particular account of the state of the prisoners, and will be ready to obey any orders you shall give respecting their removal. " I have the honour to be, &c. " His Honour Govr. Tktjmbull." Ordered, That a copy thereof be engrossed, and signed by the President, and (together with the copies of the let- ters therein mentioned,) transmitted by Mr. Depeyster. The same committee, by order, prepared at the table a draft of a letter to the committee at Litchfield, which being read and approved of, is in the words following, to wit : " In Convention, &c. " Gentlemen — Your favour of the 22d day of this in- stant, informing us that the prisoners sent to your care cannot be confined in your jail with any degree of safety to their lives, has been duly received. " In order that they may be removed as soon as possible, this Convention have requested Govr. Trumbull that he will give orders for their removal to such places in your government as he shall judge safe and convenient. Mr. Depeyster will hand you this, who has orders to settle with your committee for your charge of subsisting those prisoners while in your care. " I am, most respectfully, &c. &c. " To Andw. Adams, Chairman, and the Members of the Committee, Litchfield." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted by Mr. Depeyster. Ordered, That the Treasurer of this State advance to Abraham Depeyster, Esqr. as commissary for prisoners sent into Connecticut, the sum of twenty pounds on his re- ceipt ; the said Abraham Depeyster to be accountable for the same. Mr. Duer, according to order, reported the two follow- ing letters, which were read and approved, vizt : " A. M. July 26th, 1776. " Sir — I am directed by the Convention to transmit to your Excellency a copy of the examination of Balthazar Dehardt, relative to the conduct of the tories in Monmouth county, in New-Jersey, and to acquaint you that we have 544 JOURNAL OF THE PROVINCIAL CONVENTION. likewise sent duplicates to the President of the Convention of the State of New-Jersey, and to the chairman of the committee of Monmouth, in order that measures may be taken for preventing the pernicious practices of such parri- cides to their country. " I have the honour to be, &c. " His Excellency Genl. Washington." " A. M. July 26th, 1776. " Sir — I am directed by the Convention of this State, to transmit to the committee of your county the examination of Balthazar Dehardt. It is with great concern that they find any inhabitants of the county of Monmouth so lost to every principle of virtue and patriotism, as to aid and assist the forces of the tyrant of Great Britain, who is aiming to stab to the vitals the liberties of America. " As yours is a maritime county, such practice will be peculiarly pernicious to the public cause. We doubt not from the character you bear, you will exert yourselves in putting a stop to all communication with the enemy, and in punishing such offenders. " I am, &c. " The Chairman of the Committee at Monmouth county, New-Jersey." Ordered, That a copy of each of the said letters be en- grossed, and signed by the President, and transmitted, with a copy of the examination of Balthr. De Hart enclosed in each. Dr. Duer, from the same committee, farther reported, (according to order,) a draft of a letter to the President of the Convention of New-Jersey, to cover a copy of the exa- mination of Balthazer De Hart, which was read and ap- proved, and is in the words following, vizt : " A. M. July 26lh, 1776. " Sir — I am directed by the Convention of this State, to transmit to the Honourable Body over which you preside, the examination of Balthazar Dehardt. We have sent du- plicates to Genl. Washington and the chairman of the com- mittee of the county of Monmouth, in order that the most effectual measures may be pursued for preventing any communication with our tyrannical enemy. " The Convention is sorry to observe several inhabitants of this State hinted at in this examination. Unfortunately for the safety and reputation of this State, too many of its inhabitants have been seduced from that sacred duly which they owe to their country, by either giving counte- nance and aid to our enemies, or by deserting its defence at this dangerous crisis. " The characters of those persons we confess, are equi- vocal, but as we conceive them to owe allegiance to your State during their temporary stay — we therefore submit to your consideration what measures it will be most proper to pursue so as to ensure the public safety. " I am, &c. " To the Honble. Saml. Tucker, Esqr. Presidt. of the New-Jersey Convention." Ordered, That a copy thereof be engrossed, and sign- ed by the President, and transmitted, with a copy of the examination of Balthazer De Hart therein enclosed. Mr. Robert Harper from the committee appointed for that purpose, delivered in their report relating to the troop of horse of Westchester county, which was read. Ordered, That the consideration thereof be postponed till the afternoon. Mr. Robert Harper from the committee, also reported (according to order,) the draft of a resolution to be sent to the committee of Albany, relating to Henry Cuyler and others, by them sent prisoners to Connecticut, which was read and filed : after sundry debates thereon, Ordered, That it be deferred till to-morrow sennight. Mr. Harper also delivered in the report of the commit- tee for preparing a plan for the emission of bills of credit of this Colony, to the amount of £200,000, which was read, and again read paragraph by paragraph. Ordered, That it remain for farther consideration. William Sutton sent in a petition setting forth his ill state of heath, and requesting a release from confinement in prison. Ordered, That Doctor Graham be requested to visit him, and report his state of health to this Convention in the afternoon. Colo. De Wit, with consent of a majority of the votes of the counties here represented, gave notice that he in- tended to move for a reconsideration of the order for draft- ing one-fourth part of the militia of Ulster, and that the rangers to be raised in that county may be considered as a pait of the said one-fourth part of the militia of the said county. Die Veneris, 3 ho. P. M. July 26th, 1776. The Convention met pursuant to adjournment. Present— Brigadier-Genl. Woodhull, President. Mr. Harper, Mr. Bancker, Colo. Brasher, Mr. Dunscombe — For New- York. Colo. De Witt, Major Parks, Mr. Contine— Ulster. Mr. Wisner, Mr. Little, Mr. Outwater— Orange. Mr. Duer — Charlotte. Mr. Yates, Mr. Bleecker, Mr. Adgate— Albany. Mr. Sackett, Mr. Landon — Dutchess. Mr. Sam. Townshend, Mr. Jas. Townshend, Mr. Wat. Smith— Queens. Colo. Marsh, Mr. Sessions, Mr. Stevens — Cumberland. Genl. Woodhull, Mr. Tredwell, Mr. Smith, Mr. Gelston. Mr. V- hommedieu, Mr. Dearing — Suffolk. Mr. Mills, Mr. Haviland— -Westchester. Mr. Moore, Mr. Harper, Mr. Newkerk.— Tryon. Colo. De Wit moved, and was seconded by Mr. Wisner, that the resolutions passed on the 17th instant, relative to the draft of one-fourth part of the militia, and the resolu- tion relative to raising rangers so far as it respects the counties of Ulster and Orange, be reconsidered. Debates arose thereon, and after much time spent thereon, Mr. De Witt, with leave of the House, with- drew his motion as being inconsistent with the sixth rule of this Convention. Mr. Wisner then moved and was seconded, that the Convention proceed to take into consideration the report of the committee for making amendments to the resolu- tions of the Committee of Safety for making saltpetre, which passed 27th of April last. Debates arose thereon, and the question being put thereon it was carried in the negative in manner following, to wit : For the affirmative. Orange, 3 Suffolk, 4 Ulster, 4 Albany, 6 For the negative. New-York 8 Charlotte, 2 Queens, 4 Tryon, 3 — Cumberland, 2 17 — Dutchess equally divided. 19 Therefore, the said motion was rejected. The memorial of Alexander Stewart, praying to be re- lieved from service in the troops in which he has been drafted, was read. Ordered, That the said memorial be referred to Mr. Duer, Mr. Bleecker and Mr. Wisner, to report thereon. Resolved, That Brigadier-General Morris be requested immediately to furnish this Convention with a report of the number of drafts made from his brigade, together with the number and condition of their arms. Ordered, That General Morris be immediately furnish- ed with a copy of the aforegoing resolution. John Thomas, a prisoner in Westchester jail, who says he deserted from the ship of war named the Lively, was brought up into the Convention and examined ; and the substance of his examination is as follows, vizt : John Thomas, born in old England, come over two years ago : that he was pressed on board of a ship of war, and turned over to the Lively; was at the battle of Bunker's Hill; that he deserted from the ship Lively, at the southeast side JOURNAL OF THE PROVINCIAL CONVENTION. 545 of Long island, opposite N. England, about 8 weeks ago ; that he has not been on board the ships in Hudson's river, or on board of the fleet at the Hook or Stalen island ; that he has been at woik on shore ; that he was wounded at Bunker Hill, and does not choose to fight again ; that he will work on forts or batteries, but will not go in battle, for if taken he will die an ignominious death ; that he landed at Killingsworlh ; that he worked with John Crommel, three miles from hence. Ordered, That John Thomas be recommitted. William Sutton, Esqr. examined, says he was on board Govr. Tryon's ship in Novr. last ; that he was on board his boat near the ship six weeks ; was on board Govr. Tryon's ship several times ; that he knew Govr. Tryon was an enemy to his country ; that he was obliged to go on board to save his life ; that Govr. Tryon said there would be some ships in the Sound ; that he thinks Govr. Tryon said the King's standard should be erected, but he does not recollect that he fixed the place ; that the Governor said there would be troops enough ; that Kempe and Holland were on board, and the council frequently on board. Ordered, That Wm. Sutton be recommitted. Resolved unanimously, That Lieutenant Peter Graham be confined as a prisoner upon his parol, to his own house and within a mile of the same, with permission to go to the city of New-York, when the health or sustenance of his family may require it ; and that Mr. Morris be ordered to take his said parol. DIE SABBATI, 9 ho. a. m. July 27th, 1776. The Convention met pursuant to adjournment. Present— Brigadier-General Woodhull, Esquire. Col. Brasher, Mr. Bancker, Mr. Dunscomb— For Neiv-Tork. Colo. De Wit, Mr. Contine, Major Parks— For Ulster. Mr. Mills — Westchester. Mr. Abm. Yates, Mr. Adgate, Mr. Bleecker— For Mbany. Mr. Landon, Mr. Sacket, Colo. Hoffman — For Dutchess. Mr. Smith, Mr. James Townsend, Mr. Saml. Townsend — For Queens. Mr. Duer — For Charlotte. Genl. Woodhull, Mr. Tredwell, Mr. Smith, Mr. L'hommedieu — For Suffolk. Mr. Little, Mr. Outwater, Mr. Wisner — For Orange. Mr. Newkerk, Mr. Moore, Mr. Harper— For Tryon. Colo. Marsh, Mr. Sessions — For Cumberland. Ordered, That Mr. Richard Norwood deliver to Major Arthur Parks, Dirck Wynkoop, Wm. Peek and Andries De Witt, Esqrs. or either of their order, two hundred flints, to be by them distributed gratis to such Indians in Ulster county, and to such indigent friendly inhabitants of the said county near the Delaware, as they may think proper. Ordered, That Colo. Cortenius deliver to Major Arthur Parks, Diick Wynkoop, William Peek and Ands. De Witt, Esqrs. or either of them, or their or either of their order, 250 pounds weight of lead, to be by them distributed gratis to such Indians in Ulster county, and to such indigent friendly inhabitants of the said county near the Delaware, as they may think proper. Ordered, That Peter Van Brugh Livingston, Esqr. as Treasurer, pay to Colo. De Witt twenty dollars, to be by him delivered to the Reverend Mr. Lewis, for attending and praying with this Convention ; and that Colo. De Wit return the thanks of this Convention to Mr. Lewis for such attendance. Ordered, That Peter Van Brugh Livingston, Esqr. as [Treasurer,] pay to Colo. Joseph Marsh the sum of sixty- one pounds one shilling and eight pence, on account for sundry disbursements by him made in transporting a quan- tity of gunpowder from Newport, in Rhode-Island, to Red Hook, in Dutchess county, and take Colo. Marsh's re- ceipt to account for the same. 137 A letter from Colo. Isaac Nicoll, dated at Goshen on the 22d instant, was read and filed. He thereby recommends Mr. Henry White for surgeon to his regiment. A letter from Colo. Jacobus Swartwout, dated at Fish- kill the 25th instant, was read and filed. He thereby re- commends Doctor Osborn for surgeon to his regiment. A letter from Doctor Samuel Cook to Mr. Zeph. Piatt, dated at Poughkeepsie the 24th instant, was read and filed. He thereby highly recommends Doctor Foreman as a pro- per person and well qualified to be surgeon to a regiment. Ordered, That those gentlemen, respectively, be exa- mined by Doctor John Jones and Doctor Bard, (if they choose to be employed in the army,) and bring certificates that they are duly qualified. "New-York, July 2ith, 1776. " Sir — I have been honoured with your favour of the 20th, with its several enclosures. I observe the sentiments of your Honourable Body on the impracticability of re- moving the stock from Nassau island, and the measures they have adopted for securing them there, and protecting the inhabitants, and sincerely wish they may prove ade- quate. " I have long since and frequently requested the commis- sary to purchase all the fatted cattle and sheep from the island that he possibly could, in preference to any other. " He informs me that he has had many from thence, and that he now has persons employed in different parts for that purpose. The expediency of the measure strikes me so forcibly that you may depend every means in my power will be directed to its execution. " Agreeable to your request I shall continue Col. Living- ston at his present post, for the protection of the inhabi- tants against the insults of the enemy's cruisers, unless something should happen to make his removal necessary. " When the several regiments are raised and I am certi- fied thereof, and of the places of rendezvous, I will direct the muster-master-general to attend and complete the mus- ters. " Governor Trumbull having informed me by letter yes- terday, that since the arrival of the fleet at the Hook, many of the enemy's frigates and ships have been stationed be- tween Montauk Point and Block island to intercept the trade from the Sound, and in which they had been but too successful in taking several provision vessels, and of the impossibility that any should escape falling into their hands, he had ordered the armed vessels in the service of Con- necticut to stop and detain all vessels going down the Sound with provisions, till the Continental Congress or the Conventions of the States to which they belong could be apprized of the hazard attending their proceeding in their voyages and give orders thereon. I beg leave to re- commend the matter to the consideration of your Honour- able Body, and submit it to them, whether it may not be expedient to lay a general embargo or prohibition upon all exports of this kind from your State, except such as the Congress or yourselves may order. The propriety of keeping the enemy from supplies of this sort, and provid- ing a sufficiency for our own army, is so evident, that words are unnecessary upon the subject. However, I cannot but observe, as my opinion, that the former will be impossi- ble to effect, unless some general restraining regulation is come into. No care, nor industry, nor honesty, on the part of the exporters will be able to elude the vigilance and activity of their almost innumerable cruizers. But when it is considered that as long as a free export of any articles of this nature is tolerated, disaffected persons may easily fall in their hands with impunity, nor any means be left us to ascertain their guilt ; when there is strong reason to believe that some have designedly done so, and almost in- conteslible proof from sundry depositions of deserters and others that a ship that went from hence, sailed with no other view, and joined the enemy at the Hook ; I incline to think the measure not only advisable but necessary, es- pecially as the large consumption of provision by our army 546 JOURNAL OF THE PROVINCIAL CONVENTION. affords and will afford a ready cash market for all that indi- viduals may have to dispose of and take away every objec- tion of injury on that head. Were it otherwise, private advantages and emoluments must always give place to the public good, when they are incompatible. " The last deserters from the enemy inform us since they have heard of our forming a camp at Amboy, they have talked much of turning their views to Long island, and regaling themselves with large supplies of provisions they intend to get from thence. This is an additional circumstance to induce the Commissary to purchase the cattle there before any other. " I have the honour to be, " With great respect, sir, " Your most obedt. servt. " GO. WASHINGTON. " P. S. — When the ships of war, &c. run up the river, I wrote Governors Trumbull and Cooke, for some of their row gallies, supposing they might be of service in attempt- ing something against the ships. I expect three or four every hour, besides one I have. If the secret committee are forming any plan against the ships in which they think they may be usefully employed, if they will let me know, I shall be glad to cooperate with them, and furnish every assistance the gallies can give, if not otherwise materially engaged. "I am just now informed that the ship mentioned above to have gone to the enemy was fitted out by the Congress, under the command of a Capt. Hilton, who has acted this base part." Ordered, That a copy of the postscript of the aforegoing letter be immediately transmitted to the secret committee of this Convention, now at Poughkeepsie. The following letter from Govr. Trumbull was received and read, vizt : " Lebanon, July 17, 1776. " Sir — I have received credible information that there has lately been intercepted and taken several provision ves- sels, bound to and from your Colony through the Sound ; that there are three or four men of war, frigates and cutters, cruising off Block island, &c. ; that it is scarcely possible for any vessel bound to sea to escape them. I have kept out the armed sloop the Spy, Capt. Niles, cruising off Block island, to give notice of danger to vessels passing that way ; and merely for the public service, have been obliged to give him orders to stop any provision vessels bound to sea, when danger is apparent. In consequence whereof, he has detained a ship laden with wheat and flour, from New-York, which, if she had proceeded, must undoubtedly have fallen into the hands of the enemy, and of which I understand the captain is fully persuaded. I trust you will think that nothing but the common good would have induced me to have taken this step, and that you will readily approve the measure, when you consider the reasons and motives of my conduct therein. When- ever there is a fair prospect of the ship's sailing with safety and avoiding the enemy, no objection arises to her or any other vessel sailing, if within the rules of the Continen- tal Congress. I have acquainted the Congress and Genl. Washington with my proceedings, and furnished them with a number of affidavits, supporting the above infor- mation. The General, I dare say, will show you them if desired. " I am, with great truth and regard, sir, " Your obedt. hum. servant, " JONTH. TRUMBULL. " Honble. President Woodhull." A draft of an answer to Governor Trumbull v/as read and approved of, and is in the words following, vizt: " In Convention of the Representatives 1 of the State of New-York. > "At the White-Plains, 27th July, 1776. ) " Sir — I am directed by the Convention to return you their thanks for your prudent care and attention in prevent- ing the enemy from making capture of vessels laden with provisions. " The reasons which influenced your Honour's conduct, have had their full weight upon the councils of this Con- vention, which you will perceive by the enclosed copy of a resolution, which I am also directed to send you. " I am, sir, with great respect, " Your Honour's " Most obedt. and hum. servt. " To the Honourable Jonathan Trumbull, Govr. &tc.'' Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted, with a copy of the reso- lution of this Convention of the day of to prevent the exportation of provisions, therein enclosed. A certificate signed by William Cross, chairman of the committee of Hanover precinct, in Ulster county, was read and filed. It is thereby certified that on the 27th day of June last, at an election held in the presence of John Bark- ly and James Houston, two members of the committee, James Monnel, Senr. was elected second lieutenant, and John Barber elected ensign, of Capt. Henry Van Keuren's company of militia, agreeable to the rules and orders of the late Provincial Congress of this State. Ordered, That commissions issue for the said two gen- tlemen. A letter from Colo. Henry Remsen, one of the members for the city of New- York, was read and filed. It bears date the 24th instant. He thereby mentions that several cargoes that are perishable wait the determination or de- cision of a court of admiralty ; that three vessels have been retaken ; that the owners are delayed and want their pro- portions. Colo. Remsen farther presses the necessity of the Con- vention making some provision for the poor in the alms- house at the city of New-York. Ordered, That the institution of a court of admiralty in this State, be taken up on Wednesday next. A letter from Henry Wilmot, deputy chairman of the general committee of New-York, dated the 26th instant, was read and filed. He therein mentions that the committee had taken separate bonds of Henry Durland and Thomas Fleet, to the President of this Convention, conditioned for their respective good behaviour to the State, and abiding by the determinations of Congress. The said bonds, vizt : one of Henry Durland, and the other of Thomas Fleet, which were received in Mr. Wil- mot's letter, were also read and filed. A letter from Robert Yates, Esqr. chairman of the com- mittee for obstructing the navigation of Hudson's river, dated at Poughkeepsie on the 22d instant, directed to the general committee at New-York, and by them sent to this Conven- tion, was read and filed. They thereby inform that they have determined to fit out two armed vessels at Albany ; that they want gunners, and persons used to cannon on board of ships ; they request such to be sent to them, and mention Alexander Dean and Wessells, as having been re- commended to them. They also request combustible ma- terials to make fire arrows, and that money be advanced to such persons as may be sent to them, to defray their ex- pences. A letter from Henry Wilmot covering the above, and sent by express to be paid by this Convention, was also read and filed. It is dated July 26th, 1776. Thereupon a letter to Capt. Hazelwood, was read and approved of, and is in the words following, to wit : " Sir — I am directed by the Convention of the State of New-York, to desire the favour of you immediately, to re- pair to Poughkeepsie with the combustible materials ne- cessary for charging fire ships, and making fire arrows. When you arrive at that place you will inquire for Mr. Jay and Mr. Robert R. Livingston, members of a secret committee, appointed by this House to annoy the enemy's ships in Hudson's river, and concert with them the most effectual measures for carrying their designs into execution. JOURNAL OF THE PROVINCIAL CONVENTION. 547 If those gentlemen are not at that place, you will be pleased to inquire of Captains Lawrence and Tudor, who live at that place, where they are, and make the utmost despatch in joining them. " It will, however, be necessary that you should wait on General Washington, and obtain his permission for coming up ; which, from Mr. Duer's representation, we doubt not you will effect. " Should you stand in need of any money or assistance in order to forward the materials, be pleased to apply to General Washington, who we flatter ourselves will give every necessary direction to the quarter-master-general. " I am directed by the Convention of this State to en- join to you the most profound secrecy in conducting this matter. " I am most respectfully, &c. " Captain Hazlewood." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted by the messenger. John Thomas, a mariner, who says he deserted from the ship Lively, into which he had enlisted as a marine, now a prisoner in the jail at this place, was brought before the Convention and examined. He gave no material intelli- gence. He was discharged, and a certificate given him to permit him to go through the country to the eastward of Hudson's river, to acquire his living by labour and in- dustry. Die Sabbati, 3 ho. P. M. July 27, 1776. The Convention met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Harper, Mr. Dunscombe, Mr. Bancker, Colo. Brasher— For New- York. Mr. Contine — Ulster. Mr. Liltle, Mr. Outwater — Orange. Mr. Duer — Charlotte. Mr. Ab. Yates, Mr. Bleecker, Mr. Adgate — Albany. Mr. Hoffman, Mr. Landon, Mr. Sackett— Dutchess. Mr. Sam. Townshend, Mr. James Townshend, Mr. Wat. Smith — Queens. Colo. Marsh, Mr. Sessions — Cumberland. General Woodhull, Mr. Tredwell, Mr. Gelston— Suffolk. Genl. Morris, Mr. Tompkins, Mr. Morris — Westchester. Mr. Moore, Mr. Newkerk — Tryon. The committee appointed to examine William Sutton, reported, that they had carefully examined him, but cannot obtain any further intelligence, information or satisfaction from him. Thereupon, Resolved, That William Sutton be immediately sent under safe and proper guard, at his own expense, to the jail of Philadelphia, in the State of Pennsylvania ; that he there subsist himself; and that a letter be wrote to the chairman of the committee of the city and county of Phi- ladelphia, mentioning his state of health, and enclosing a copy of the evidence against him ; and that General Mor- ris be requested to see this resolution carried into execu- tion. General Morris informed the Convention, that he should direct the said William Sutton to be delivered into the care and charge of Lieut. Alexander Hunt, to be conveyed to the committee of the city of Philadelphia at his own ex- pense, and requested the Convention to determine what al- lowance shall be made to Lieutenant Hunt for his trouble in the premises. Resolved, That the said William Sutton shall pay to Lieut. Alexander Hunt twelve shillings per day, (exclusive of his necessary expenses,) for every day he shall be em- ployed in proceeding to Philadelphia with the said William Sutton and reluming. Ordered, That the jailer of the jail of the county of Westchester, do deliver the body of William Sutton to Lieut. Alexander Hunt. A draft of a letter to the chairman of the committee of Philadelphia, to attend William Sutton, was read and ap- proved of, and is in the words following, to wit : " In Convention, &c. I " While Plains, IfC. $ " Sir — From information received upon oath respecting the public character of a certain William Sutton of this county, of which we send you copies, we have reason to believe him an enemy to the rights and liberties of America, and therefore have some time past confined him to the jail here ; but, on account of his infirm state of health, which he conceives to be under peculiar bad circumstances, and also the probability of his corresponding with the enemy, we have resolved to send him, at his own expense, to the jail of your city, where he is to be maintained at his own charge. Of this, sir, I am ordered by the Convention of this State to acquaint you, and to request you may give such assistance as may be required. " I am respectfully, &c. " To the Chairman of the Committee of the city of Philadelphia." Ordered, That a copy thereof be engrossed, and signed by the President, and with certified copies of the evidence against Wm. Sutton, delivered to Lieut. Alexr. Hunt, to be delivered at Philadelphia. The committee appointed to consider of the case of Al- exander Stewart, and his petition or memorial, delivered in their report, which was read, and is in the words fol- lowing, to wit : i " Your committee, appointed to examine into the case of Mr. Alexr. Stewart, report : That according to the best information they have been able to obtain, the said Alex- ander Stewart arrived at New-York in the latter end of De- cember, 1774, with an intent to take the command of a vessel in the employ of Mercer and Ramsay. " That on account of the dispute between the United States of America and Great Britain, the owners of the vessel which he was intended to command did not think proper to send the ship to sea ; that on this account he re- tired into the county of Westchester, where he has since lived a private life at the house of his relation, Mr. Charles Duncan, formerly lieutenant in the service of the King of Great Britain ; that Mr. Charles Duncan has not signed the general association, but that in other respects his con- duct has been inoffensive. That Mr. Alexander Stewart refused to sign the general association, assigning for rea- son that as he had no interest to induce him to stay in the country, and as he only waited for a passage to return to Scotland, his native country, such a measure might prove fatal to him. " That the said Alexander Stewart was drafted on the 24th day of this present month as a private soldier, to re- inforce the Continental army. That the Convention of the State of New-York, on the 16th instant, unanimously came to a resolution in which, amongst other things, it was en- acted, " that all persons abiding within the State of New- York, and deriving protection from the laws of the same, owe allegiance to the said laws, and are members of the State ; and that all persons passing through, visiting, and making a temporary stay in the said State, being entitled to the protection of the said laws during the time of such pas- sage, visitation or temporary slay, owe, during the same time, allegiance thereto. " That under this description the said Alexander Stewart is a member of this State, but how far it will apply to making him subject, to our military laws, the committee leave it to the wisdom of your House to determine. " That the said Alexander Stewart acknowledges hjm- self a subject of the King of Great. Britain, and claims the protection of the law of nations, by which the subject of one nation is not compelled by the state in which he makes a temporary stay, to bear arms against the sovereign to whom he owes allegiance. " Your committee have thought proper to confine them- selves to a mere statement of facts, thinking the case of 548 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Stewart so peculiarly nice as to merit the mature con- sideration of the whole house. " W. DUER." On reading and considering the said report, the Conven- tion came to a determination thereon, in the words follow- ing, to wit : Whereas, a certain Alexander Stewart, of Dundee, in North Britain, mariner, having been drafted as one of the militia of the county of Westchester, hath claimed an ex- emption from serving in the said drafts as a subject of the King of Great Britain, which he declareth himself to be : Resolved, That the said Alexander Stewart is entitled to such exemption. Resolved, That Alexander Stewart having declared him- self to be a subject of the King of Great Britain, with whom this Slate is now at open war, therefore the said Alexander Stewart is to be treated according to the law of nations, of which he hath claimed the benefit. Resolved, That the said Alexander Stewart ought to be taken prisoner and kept in custody until such further order as this Convention may, upon examining more fully into the peculiar circumstances of his case, establish. There- upon, Ordered, That Alexander Stewart, late of Dundee, in North Britain, mariner, at present of Rye, in Westches- ter county, in the State of New-York, who hath declared himself a subject of the King of Great Britain, with whom this State is now at open war, be immediately taken into custody a prisoner, by Albert Ogden, the keeper of the jail of Westchester county, who is hereby commanded to keep him safe in custody until the further order of this Con- vention. A certificate of Doctor Samuel Bard, dated this day, was read and filed. He thereby certifies that he has examined Doctor Cornelius Osborne, respecting his knowledge in physic and surgery, and thinks him qualified for the office of surgeon to a regiment. Resolved, That the said Cornelius Osborne be and is hereby appointed surgeon to the regiment of militia now in Continental service under the command of Colo. Cor- nelius Swartwout of Dutchess county. Another certificate of Doctor Saml. Bard dated this day, was read and filed. He thereby certifies that he has exa- mined Doctor Wm. Mead respecting his knowledge in physic and surgery, and that he finds him qualified for the office of surgeon to a regiment. Ordered, That the said William Mead be and is here- by appointed surgeon to the regiment of militia now in Continental service under the command of Colo. Thomas Thomas, of Westchester county. John Sutton (son of William Sutton,) by order, was brought to the bar of the House to be discharged. The President, by order, gave him an admonition in the words following, to wit: " Mr. Sutton — " You stand charged before the Convention of Re- presentatives of the State of New- York, with being in- imical to the rights and liberties of America. " In pity to your youth, and in hopes of your amend- ment, you are discharged. Learn to revere the lenity of that Government which hath dealt so kindly with their avowed enemy ; and henceforth respect that attention to the rights and liberties of mankind which hath now be- friended you. " In the name of this Convention, I admonish you to beware in future how you shall dare to offend the majesty of the people of this State ; and in this solemn manner, warn you that any future transgression shall not pass un- punished." On motion of Mr. Duer, Ordered, That the Secretaries, with all their records, files and papers, and the Treasurer, with the treasury, and his books, files and papers, belonging or appertain- ing to the Treasury, do respectively attend this Conven- tion at Harlem, on Monday next, at nine of the clock in the forenoon. DIE LUNtE, 4 ho. p. m. July 29th, 1776. The Convention of the Representatives of the State of New-York, met in the church at Harlem. Present— Brigadier-General Woodhull, President. Mr. Harper— New-York. Colo. De Witt— Ulster. Colo. Covenhoven — Kings. Mr. Ab. Yates, Mr. Bleecker— Albany. Mr. Landon, Colo. Hoffman — Dutchess. Mr. Moore— Tryon. Genl. Woodhull, Mr. Gelston, Mr. Smith— Suffolk. Mr. Sam. Townshend, Mr. Jas. Townshend, Mr. Ben. Sands-Queens. The Convention of this State having adjourned on Sa- turday last from the Court House at the White Plains in West Chester county to meet at this place at nine o'clock this morning. The members above mentioned, having from time to time arrived, and now assembled, for want of a sufficient number to proceed to business, they ad- journed till nine o'clock to-morrow morning, to meet in this church. DIE MARTIS, 9 ho. a. m. July 30th, 1776. The Convention met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Harper, Mr. Beekman, Colo. Brasher — New-York. Colo. De Witt— Ulster. Mr. Outwater — Orange. Mr. Harper, Mr. Moore, Mr. Newkirk — Tryon. Mr. Ab. Yates, Mr. Bleecker — Albany. Colo. Hoffman, Mr. Landon — Dutchess. Mr. Saml. Townshend, Mr. Sands, Mr. James Townshend— Queens. Colo. Williams, Mr. Duer— Charlotte. Genl. Woodhull, Mr. Gelston, Mr. Smith— Suffolk. Mr. Govr. Morris, General Morris — Westchester. Mr. Covenhoven — Kings. Mr. Olcott — Gloucester. Peter Olcott, Esqr. one of the Deputies from Glouces- ter county, produced his credentials, dated at Newbury, the 28th June, ulto. subscribed by Jacob Baylev, Esqr. as chairman, by himself as clerk, and six other principal in- habitants, members of the committee of the said county, whereby it appears that he is elected and returned a mem- ber of this Convention by the inhabitants of the said coun- ty — (only three dissenting) — and that the inhabitants are forward for having a form of government, &c. The said credentials were read and filed. Ordered, That Mr. Olcott take his seat. Colo. Williams and Mr. Olcott were severally sworn and took the general oath of secrecy. The petition of Richard Cantillon of Amenia precinct, and John Parkinson of Charlotte precinct in Dutchess county was read. They therein set forth their acquaint- ance with several branches of the linen manufactories ; the necessities of setting up such manufactories in this State ; their intentions to set up a linen manufactory ; and they thereby offer a preference of their manufactures for the use of the State ; and praying for such resolution of this Convention as may exempt their manufacturers (to the number of twelve,) from being drafted into the public service. Resolved, That the said Richard Cantillon and John Parkinson, together with such manufacturers, and labour- ers as they may statedly employ in the business of the linen manufactory in that county, (not to exceed the num- ber of twelve men besides the said petitioners,) shall, while JOURNAL OF THE PROVINCIAL CONVENTION. 549 so employed in the said manufactory, be exempted from be- ing subject to be drafted, or called out into actual service in the militia of the said county of Dutchess. As the doorkeeper is necessarily in such a situation as to hear many of the debates of this Convention, Ordered, That he be sworn to secrecy. Thereupon he was sworn in the words following : " I do solemnly swear on the Holy Evangelists, that I will not divulge any matter or thing which I may hear agi- tated, moved or debated, in this Convention, unless by leave of the President, or upon publication thereof in the newspapers, so help me God." The committee, to whom was referred the consideration of ways and means for supplying the good people of this State with salt, reported the following resolutions, which were read ; and the same being again read, paragraph by paragraph, and amended, were unanimously agreed to, and are as follows : Resolved unanimously, That this Convention will (upon good security) lend to the first five persons, skilled in the process of extracting salt from sea water, who shall apply to the same a sum of money not exceeding five hundred pounds to each person, for the term of two years from this date, without interest, for the purpose of erecting salt works within this State. Resolved unanimously, That such works be erected at such place or places, as in the opinion of the respective county committees, where such works shall be erected, shall be most proper. Provided always, that the said works be not erected within less than fifteen miles of each other on the seacoast. Resolved unanimously, That this Convention will re- ceive salt at eight shillings per bushel, in payment of the respective sums advanced to the different adventurers ; provided the said salt be manufactured by the person who shall offer it in payment, and that the same be tendered for payment before the expiration of two years after the loan of the money. Resolved unanimously, That if any of the said works should be destroyed by the enemy, this State will lose one- half of the money which has been appropriated for the pur- pose of erecting such work, out of the money advanced on loan by this State to the proprietor. Resolved unanimously, That nothing in the aforegoing resolves shall extend to the loan of any sum of money to any person who shall not apply before the first day of Oc- tober next, nor then, unless upon condition that the work shall be completed within three months of the said loan. On motion of Mr. Governeur Morris, Resolved, That whereas Doctr. Samuel Bard hath un- dertaken to erect a salt work in this State, and is about to go to Philadelphia for the completion thereof, it be recom- mended to the committee of the city and county of New- York, that during the absence of the said Saml. Bard, his house be not taken up for the use of the troops which are, or may be stationed in the said city. A letter or certificate of Colo. Saml. Drake, dated the 26th instant, was read and filed. He thereby certifies that Mr. Stephen Halsey, the surgeon of his regiment, has done the duty of surgeon to that regiment since the eighth day of July instant. The certificate of Doctor John Jones, da- ted the fifteenth day of July instant, certifying that he had examined Doctor Stephen Halsey, and finds him compe- tently qualified to act as surgeon of a regiment, was again read, and was now filed. Ordered, That the said Doctor Stephen Halsey be, and he is hereby, appointed surgeon to the regiment whereof Saml. Drake, Esqr. is colonel ; and that his pay commence from the eighth day of July instant. An affidavit of Abraham Fort, taken before Johannes Sleght, chairman of the committee of Kingston, in Ulster county, on the 16th instant, was read and filed. Informa- tion is therein contained, that a number of disaffected per- sons, who had enlisted in the Continental service, and as 138 such received the money of the Continent, have deserted from Lunenburgh, and gone back of the mountains behind Cocksackie. That Butler was at the Susquehanna, with such number of Indians as he thought sufficient, and they intended to come through the woods and attack Hurley Town. A letter from Johannes Sleght, Esqr. chairman of the said committee at Kingston, dated the 23d day of July in- stant, was received by Mr. Beekman, and read. They thereby acknowledge the receipt of sundry prisoners on parol, with a letter from this Convention dated the 19lh June. Another letter of the 24th of July, from the same com- mittee, was also read. They therein request an explana- tion of the parol of the said prisoners, as to the limits with- in which they are to be circumscribed, and also therein de- clare that it will oblige them and the inhabitants, to have those prisoners removed. Ordered, That those letters, and the affidavit, be referred to Colo. De Witt, Mr. Beekman and Mr. Duer, to consider thereof and report thereon with all convenient speed. Die Martis, 4 ho. P. M. July 30th, 1776. The Convention met pursuant to adjournment. Present — Brigadier-Genl. Woodhull, President. Mr. Harper, Mr. Beekman, Colo. Brasher, Genl. Scott, Mr. Van Cortlandt — New-York. Colo. De Witt, Mr. Contine— Ulster. Mr. Jonathan Lawrence, Mr. Sam. Townshend, Mr. Jas. Townshend, Mr. Ben. Sands — Queens. Mr. Ab. Yates, Mr. Bleecker, Mr. Adgate — Albany. Colo. Hoffman, Mr. Landon — Dutchess. Mr. Covenhoven — Kings. Colo. Williams, Mr. Duer — Charlotte. Genl. WoodhuU, Mr. Gelston, Mr. Smith— Suffolk. Mr. Oulwater — Orange. Mr. Harper, Mr. Newkirk, Mr. Moore — Tryon. Mr. Olcott — Gloucester. Doctor Joseph Gerreau, a Frenchman, with Hyam So- lomon, the distiller, as his interpreter, applied to the Con- vention for encouragement for making salt, or imparling the knowledge of that art, which the said Joseph Gerreau professes to understand. Ordered, That Mr. Duer, Mr. Harper and Mr. Morris be a committee to treat with Monsr. Gerreau concerning the process of manufacturing salt in a cheap and expedi- tious manner, which he professes to understand, with pow- er to engage to give him any sum not exceeding two hun- dred pounds for communicating to same ; and to call to their assistance such person of chemical knowledge as they may think proper, in order to ascertain the utility of Mr. Gerreaud's process. A letter from several captains of the respective compa- nies of militia in Kings county, was read. They thereby request that the militia of their respective companies may be excused from being drafted, agreeable to the resolutions of this Convention of the twentieth day of July instant, and mentioning that their whole militia engaged to turn out whenever necessary for the purposes mentioned in the said resolutions. The said letter was taken into consideration, and the question put whether this Convention will grant the request therein contained. Resolved and Agreed unanimously, That this request of the said captains, by their said letter, be not granted. And, Ordered, That Colo. Covenhoven inform those gentle- men of this determination. A member informed the Convention that the sloop Non- such and her cargo, which had been taken by the enemy, and afterwards retaken, is in a perishing condition — in a dangerous situation on the south side of Nassau island, for want of a proper court of admiralty in this Stale. Resolved unanimously, That Colo. Henry Remsen and 550 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Robert Ray, or either of them, be and they hereby arc empowered by this Convention to treat with Mr. Isacher Poluck upon the sale of the sloop Nonsuch and her cargo, William Hefferman, master, and to take from the said Is- achar Poluck good and sufficient security to the President of this Convention for the payment of such moneys as may be decreed for the salvage of the said sloop and cargo to the captors, and for the fees upon the libelling and adjudi- cation thereof, &c. DIE MERCURII, 9 ho. a. m. July %\st, 1776. The Convention met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Colo. Brasher, Capt. Rutgers, Mr. Robt. Harper, Mr. Beekman, Mr. Jno. Van Cortlandt— For New-York. Colo. Hoffman, Mr. Landon — Dutchess. Mr. Covenhoven — Kings. Mr. Abrah. Yates, Mr. Bleecker, Mr. Adgate— For Jllbany. Mr. Morris, Colo. Graham, Genl. Morris— Westchester. Mr. Moore, Mr. Harper, Mr. Newkirk — Tryon. Genl. Woodhull, Mr. Gelston, Mr. Smith— Suffolk. Doctor Ontwater, Mr. Little— Orange. Colo. Williams, Mr. Duer— Charlotte. Colo. De Witt, Mr. Contine— Ulster. Mr. Sam. Townshend, Mr. Jas. Townshend, Mr. Sands — Queens. Mr. Sessions, Colo. Marsh — Cumberland. Colo. Alcott— Gloucester. The letter of the committee for devising ways and means to protect the navigation of Hudson's river, subscribed by Robert Yates, their chairman, and dated 22nd July, was again read : Thereupon, Ordered, That Mr. Alexander Dean, of the city of New- York, be requested forthwith to proceed to Pouglikeepsie, in Dutchess county, and on his arrival there that he wait upon Messrs. John Jay, Robert R. Livingston, Robert Yates, Gilbert Livingston, Christopher Tappen and Wil- liam Paulding, or either of them, and that he observe such directions as shall be given him by them or either of them. Ordered farther, That all officers, civil and military, be and they hereby are requested to aid and assist the said Alexander Deane, that he be not interrupted in his journey to Poughkeepsie, as aforesaid. Resolved unanimously, That the several brigadier-ge- nerals in this State do make return to the Convention or future executive power thereof, on or before the first day of September next, of the state of the militia of their se- veral brigades, containing in such statement the names and rank of the officers, the number of men, the condition of their arms, the drafts from time to time made, and the num- ber of men now actually serving as drafts as aforesaid, or in default of such return that the said generals do shew good cause why the same could not by them be made. Ordered, That certified copies of this resolution be im- mediately transmitted to the respective brigadier-generals of the militia in this State. A letter from Colo. Jos. Drake to Brigadier-General Morris, dated at New Rochelle, on the 24th July instant, relating to his regiment, refusing to be drafted and his in- tention to resign his commission was read. Ordered, That Mr. Duer, Colo. Hoffman and General Morris be a committee to take the said letter into consid- eration, and report thereon as soon as possible. The let- ter was delivered to the said committee. Resolved unanimously, That Richard Morris, Esquire, be appointed judge of the high court of admiralty of this State. And, Ordered, That John Van Cortlandt, Esqr. wait on Mr. Morris, and request his acceptance of that office. Resolved unanimously, That John McKesson, Esqr. be and he is hereby appointed register of the high court of admiralty of this state. Resolved unanimously, That Robert Benson, Esqr. be and he is hereby appointed marshal and provost marshal of lhe said high court of admiralty in this Slate. Ordered, That Mr. Morris, Colo. Brasher, Mr. Yates, Saml. Townshend and Win. Smith, be a committee, to whom Mr. McKesson is directed to deliver tables or bills of such fees as have been heretofore established, or usu- ally taxed or taken in the former court or courts of admi- ralty in this state ; that the said committee take such fees into consideration, and report what fees may be proper to be established by this State, to be taken and received by the officers of the court of admiralty to be established in the same. A letter from Corns. C. Roosevelt who has for some time past acted as commissary for Capt. Hamilton's troops, dated the 26th instant, was read, he therein sets forth that he had been obliged to supply Capt. Hamilton's company with a much larger quantity of provisions than the rations stipulated for, which had enhanced the price so that each ration as by him delivered cost him 12^d. His accounts were enclosed. A letter from Capt. Hamilton of the same date, on the same subject, and a certificate from John Pollard, quarter- master of the army, certifying the allowances of provi- sions delivered to each man as a ration, were also read. Ordered, That as Capt. Hamilton's company was for- merly made a part of General Scott's brigade, that they be henceforth supplied with provisions as a part of that Brigade. That Mr. Robt. Harper, Mr. Landon and Colo. Gra- ham be a committee to take lhe said letters and accounts in- to consideration and report thereon ; and the sense of the Convention was signified to that committee, that it is ne- cessary to make compensation to Corns. C. Roosevelt for the extraordinary quantity of provisions which have issued to that company beyond his contract. The Convention were informed that Thaddeus Noble, from Kings district, is attending with thirty muskets, pur- suant to his contract made on the 26th day of April last, with Jacobus Van Zandt, on behalf of the State ; that he has not furnished them with steel ramrods according to con- tract ; and that Mr. Jacobus Van Zandt, with whom he had contracted on behalf of this State, is in Dutchess county. Ordered, That the said Thads. Noble deliver the said arms to Colo. Peter T. Curtenius, as commissary ; that Colo. Curtenius view and examine the said arms, or cause them to be viewed and examined, so as to determine whe- ther they are made according to contract, (the ramrods ex- cepted,) and that Colo. Curtenius send to this Convention a certificate how far the said arms are made according to contract, and how much should be deducted, on each, for the defect of steel ramrods. A letter from Joseph Robinson, Esqr. deputy chairman of the committee of Queens county, and Noah Smith, was read and filed. They thereby certify that Wm. Ludlam, Junr. had been duly elected captain of the minute company of the township of Jamaica, in the stead of John J. Skid- more, Esqr. promoted to a majority. Ordered, That a commission issue to Capt. Wm. Lud- lam, as captain of that company. Die Mercurii, 4 ho. P. M. July 31s*, 1776. The Convention met pursuant to adjournment. Present — Brigadier-General Woodhull, President. Mr. Robt. Harper, Mr. Rutgers, Mr. Beekman, Mr. Dunscombe, Genl. Scott— New-York. Colo. Hoffman, Mr. Landon — Dutchess. Mr. Moore, Mr. Harper, Mr. Newkerk — Tryon. Mr. Ab. Yates, Mr. Bleecker, Mr. Adgate — Jllbany. Mr. Morris, Col. L. Graham, Genl. Morris — Westchetttr. Mr. Duer, Colo. Williams — Charlotte. Genl. Woodhull, Mr. Gelston, Mr. Smith— Suffolk. Dr. Outwater, Mr. Little— Orange. Mr. Sessions, Colo. Marsh — Cumberland. JOURNAL OF THE PROVINCIAL CONVENTION. 551 Colo. De Witt, Mr. Contine— Ulster. Mr. Saml. Townshend, Mr. Jas. Townshend, Mr. Ben. Sands, Ma- jor Lawrence — Queens. Mr. Olcott — Gloucester. A memorial of Lieut. Colo. Stockholm and Major Li- vingston, in Colo. Lasher's regiment, to General Scott, was read. They therein set forth that a committee of the late Provincial Congresss, who treated with them on the sub- ject of going into service, had engaged that they should not be called out of the city, and assign that reason for the unwillingness of the companies of that regiment to encamp with the brigade. Ordered, That the Secretaries prepare a copy of the appointment of the committee referred to in that memorial, and such other entries as relate thereto ; and that the said committee endorse such certificate thereon as may prevent any misapprehension of the assurances by them given to the officers of Colo. Lasher's regiment, when they conversed on the subject of entering into the service of this State only. On motion, Resolved and Ordered, That the general committee of Dutchess county, or their sub-committee of safety be re- quested to cause the powder mill of Mr. John R. Livings- ton, (with the stores and magazines thereunto appertain- ing,) in the said county, to be guarded ; and for that pur- pose, that they order Capt. Melancton Smith to detach a sergeant and six privates, out of one of the two companies under his command, in the said county, to guard the same. A letter wrote and handed to a member by Mr. Richd. Hetfield, signed Win. Dutcher, captn. ; Danl. Martling, by order, 1st lieut. ; George Moonson, 2nd lieut. ; was read. They thereby offer to raise a company out of Colo. Jos. Drake's regiment, to serve under Colo. Thomas. Mr. Morris moved, and was seconded by Mr. Duer, that by a resolve of this Convention the officers whose names are subscribed to that letter be ordered to raise a company out of Colo. Jos. Drake's regiment, and immediately to join Colo. Thomas's regiment. Debates arose thereon. General Scott offered some reasons for deferring such resolution at present, lest it might injure the service by placing officers in service out of their proper tour of duty or rank. Mr. Morris opposed Mr. Scott's being permitted to speak or interfere in the debates of this Convention, and assign- ing for reason that as by the resolution of the late Con- gress of the 1 5th June, that no officer in the pay of this Colony or of the Continent should be elected, Gen. Scott was ineligible, and therefore not entitled to a seat or voice. Genl. Scott claimed his seat on behalf of his constituents. Debates ensued thereon. Thereupon, On motion of Mr. Morris, seconded by Mr. Duer, Resolved, That on next Tuesday this Convention will take into consideration the case of General Scott's election and the said resolution above mentioned, and the propriety of his taking his seat as a member of this Convention. A letter from George Townsend, Esqr. chairman of the committee of Queens county, requesting the loan of money for the necessary expense of the county was read, and is in the words following, to wit : "In Committee, Queens county, 2 " Sir — This committee have lately received information of a motion now depending before your Honourable House, respecting the right of this city and county to say who shall represent them in the General Convention of this State. A motion which has greatly alarmed their fears, and which they conceive is big with absurdity and ruin, (should it be drawn into precedent,) to the future freedom and happiness of this State ; nor could they have believed at this early dawn, of establishing a free community, and settling its constitution, any member of your Honourable Convention could have so soon lost sight of the natural rights of men, and of that power by which alone he is entitled to a seat in your Honourable House. The com- mittee lament the forlorn and deserted situation of this place by its inhabitants, or they would have plead with you by petition, and instructed their own members on this threatened violation of their undoubted right ; but as that cannot be done, they should think themselves inexcusable should they rest in silence, without using the only means in their power to prevent the introduction of a principle so dangerous and unjust — a principle which has been combatted (though unsuccessfully) by all the worthy mem- bers of a tyrannic state, with whom we are now at war, (vizt.) to pray that your Honourable House would be pleas- ed to order the motion erased from your Journals, and bu- ried in eternal oblivion. " The committee beg you will lay these their sentiments and prayer, before the Honourable Convention, request- ing that the most favourable construction may be given both to the mode and matter of this address, as flowing from hearts zealously attached to the happiness of this State. By order and in behalf of the committee. " I am, very respectfully, " Your obdt. humbl. servt. "JOHN BERRIEN, Chan:' TUESDAY MORNING, Augt. 6th, 1776. The Convention met pursuant to adjournment. Present — Brigadier-General Woodhull, Presidt. Colo. Remsen, Mr. Bancker, Major Abeel, Mr. Beekraan, Mr. Dun- scomb, Colo. Lott, Mr. Roosevelt— For New-York. Mr. Harper — Tryon. Mr. Abm. Yates, Mr. Adgate, Colo. Livingston — -For Albany. Mr. R. R. Livingston, Mr. Sacket, Mr. Landon — For Dutchess. Mr. Duer — Charlotte. Genl. Woodhull, Mr. Smith, Mr. Miller— For Suffolk. Mr. Little — For Orange. Colo. Marsh, Mr. Stephens— Cumberland. Colo. Dewit, Mr. Contine, Major Parks, Mr. Wisner, Jun. — For Ul- ster. Mr. Morris, Genl. Morris, Colo. G. Drake, Colo. Graham— For Westchester. Mr. Allcott — Gloucester. A letter from Colo. Snyder of Kingston in Ulster coun- ty, dated Augt. 1st, 1776, on the subject of the militia, and whether the troop of horse ought to be drafted with the militia of foot ; the company or troop refusing to be drafted, which gives great uneasiness, and probably will cause a mutiny. Ordered, That Colo. Dewit, Major Parks, Mr. Little, Colo. Drake and Mr. Morris, be a committee to take into 140 consideration the several resolutions which respect the mi- litia, and report on the subject with all possible speed. A certificate of Doctor Malachi Treat, dated yesterday, was read and filed. He thereby certifies that he has care- fully examined Mr. Henry White, both in physic and sur- gery, and has the pleasure to inform all whom it may con- cern, that he is well acquainted with the principles and practice of both, and qualified for discharging his duty in either. Resolved, That Mr. Henry White be and is hereby appointed surgeon to Colo. Isaac Nicolls regiment of mi- litia now called into the Continental service for a limited time. Mr. Morris reported that Mr. Wm. Smith and himself have examined Doctr. Samuel Bard, and find him skilled in the process of extracting salt from sea water ; that Doctor Sa- muel Bard will give his bond for the money to be lent to him, or will give other security if the Convention shall think proper. Resolved, That Doctr. Samuel Bard must give security for the money which will be lent him by this Convention, and that the Treasurer of this State on receiving the bond of Doctor Samuel Bard, with such security as this Con- vention shall approve of, conditioned for the payment of five hundred pounds, do advance to him that sum, taking his receipt for the same. The said committee farther reported that they have also examined Capt. William Goforth, and find him skilled in the process of extracting salt from sea water, and in the method of erecting a work for that purpose ; that Aaron Oarson, Jonathan Piercy, John Houston and Richard Piatt are to be his copartners, and are ready to become bound with him for the money which may be lent to them, agree- able to the resolutions of this Convention of the 29th day of June last, for encouraging the erecting of salt works. Resolved, That the joint and several bond of the said William Goforth and his said copartners, will be suficient security for the sum of five hundred pounds, and that the Treasurer of this State, on receiving the joint and seve- ral bond of William Goforth, Aaron Oarson, Jonathan Pier- cy, John Houston and Richard Piatt, conditioned for the sum of five hundred pounds, do advance to them that sum, taking their receipt for the same. Mr. Robt. R. Livingston, according to order, reported the draft of a letter to His Excellency General Washing- ton, which was read and approved, and is in the words fol- lowing, to wit : " A. M. Aug. 6th, 1776. " Sir — I am directed by the Convention to make their apology to your Excellency for not sooner expressing their approbation of the appointment which you have made to the command on Hudson's river. It gives them great plea- sure to find that your Excellency hath chosen for this im- portant post a gentleman whose good sense and tried reso- lution do honour to the choice, which united with his in- timate knowledge of the country, cannot fail of rendering him useful to the public. They have, however, some rea- son to fear that either from delay or misapprehension, Genl. Clinton hath not that evidence of his authority which he ought to have, or else that he doth not conceive of it in its full latitude. " The Convention would therefore esteem it a particu- lar favour if, sir, you would transmit to him his appoint- ment, with the resolution which subjects the levies on both sides of the river to his command. By the removal of General Clinton from the fortifica- tions in the Highlands the command of one of those forts hath devolved on Major Schuyler, a very young officer and new to the service. Your Excellency will best be able to determine whether the fort is of such a nature as to be en- trusted with this young gentleman alone, or whether it would be proper to send thither a more experienced officer. " The Convention beg leave to inform your Excellency that till commissaries are appointed, the Convention are 558 JOURNAL OF THE PROVINCIAL CONVENTION. deprived of two of their members, who are directed to supply this post till your Excellency shall send proper officers to supply their places, which they flatter them- selves will be done as early as possible. "Upon a suggestion that the telescope belonging to King's College, would be of use in discovering the ar- rangements and operations of the enemy, the Conven- tion have made an order for delivering it to your Excellen- cy, of which I am also directed to enclose you a copy, and hope that it may in some measure contribute to the f urther- ing your designs. " The Convention have further directed me to inform your Excellency that their own members and persons em- ployed by them in the public service having frequent oc- casion to pass and repass where guards are placed, are often impeded ; they do therefore submit it to your Excel- lency's consideration whether it would not be proper to give orders that those persons who shall appear to be members of the Convention, and those who shall have permissions signed by the President, be suffered to pass without inter- ruption, at the same time that no impositions may happen, I take leave to enclose the copy of a resolution restricting the issuing of all such permissions, except to those who are actually engaged in the public service ; and lest mis- takes should arise with respect to members, it is intended that each one shall have a certificate thereof signed by the President. " I have the honour lo be, with the greatest respect, " Your Excellency's most obedt. and humble servt." Ordered, That a copy of this letter be engrossed and signed by the President, and transmitted. Thos. Willett being brought here by a guard, was or- dered in and examined. The State of New-York, \ agt. J Thomas Willett, Esqr. ) Examination before the Convention of the Representa- tives of the said State, sixth August, 1776. That he did publish according to the order of Wm. Try- on, Esqr. late Governor of the Colony of New-York, the Declaration of Richard, ViscountHowe, and General Howe, of which he acknowledges that paper shewn to him and attested under his own hand, to be a true copy. That his brother, Edward Willett, being requested by Edward Wil- let, Senr. to call at his house, he did so call, and there re- ceived the Declaration, of which the aforesaid paper is a copy, and delivered it to the examinant ; that examinant re- ceived it last Monday fortnight ; that he first published it last Friday week ; that with the aforesaid Declaration he received a letter from the said William Tryon, purporting that the paper enclosed in the said letter was a true copy of the Declaration of Lord Howe and Genl. Howe, His Majesty's commissioners, who had requested him, the said William Tryon, to publish the same throughout his govern- ment, and therefore desiring examinant to make the same known throughout his county ; that examinant had not, pre- vious to the said publication, seen or heard of the Declara- tion of the Congress, proclaiming these States independent; that examinant doth not remember to have seen or heard of a resolution of the Provincial Congress of New-York, prohibiting all intercourse between the inhabitants of this Stale and the King's ships, or the said William Tryon ; that examinant conceived himself to owe a duty to the said Wm. Tryon, because of the commission of sheriff which examinant held under the King of Great Britain ; that he had heard of the Declaration of Independence ; that exa- minant does not remember he ever saw the Declaration of Independence aforesaid, until very lately ; that examinant did know at the time of publishing Lord Howe's and Genl. Howe's Proclamation aforesaid, that this State was at war with the King of Great Britain; that at the time of pu- blishing the Proclamation last mentioned, examinant had good reason to believe that the Continental Congress had declared independency ; that examinant did really believe the said Congress had made such Declaration ; that exa- minant conceived, that when the several Colonies in Ame- rica had acceded to the Declaration of the Congress, the same would so operate as to make them independent States ; that he doth not know that the committee of Queens coun- ty published the Declaration of Independence in the said county, nor hath he ever heard that they did ; that shortly after the Declaration of Independence, publicly made at the City Hall of the city of New- York, a report thereof prevailed, at which time, or about that time, examinant heard of the same from divers persons ; that examinant, being asked whether he did at that time consider himself as sheriff under the King of Great Britain, declines answer- ing the same ; being asked whether he made the said pub- lication in pursuance of any duty he owed to the said Wil- liam Tryon, declines answering the. same ; being asked whether he did consider himself as owing allegiance to the King of Great Britain, declines answering the same ; be- ing asked whether as sheriff as aforesaid, he conceives himself bound to execute any process which he might re- ceive in the name and by the authority of the State of New- York, declines answering the same ; that at the time of publishing the said Declaration, he considered himself as acting in the character of a sheriff, or of a private person ; and being asked whether, upon the receipt of any declara- tion from this Congress, he would publish the same, de- clines giving an answer ; that the papers shewn to him as aforesaid, is in the hand writing of one Lawson, a school- master in Flushing aforesaid ; that he doth not know of any person or persons in Queens county, who have applied for or received any pardon or pardons from the aforesaid com- missioners ; that the name of the attorney with whom he conversed on the subject of the Declaration, was Mr. Thos. Hicks of Queens county, on Long island, who told him that, as it was published by the Congress, he did not think there was any harm in publishing it, that the more public it was made the better. THOS. WILLETT. The State op New-York, \ agt. I Thomas Willett, Esqr. * Interrogatories by Mr. Duer. Question. The letter expresses itself to be in His Ma- jesty's service. Did you conceive yourself in the service of the King of Great Britain when you complied with the orders contained in it ? Answer. He does not choose to answer this question. Q. The Declaration of Lord Howe and Genl. Howe, promises due consideration to the meritorious services of those who aid and assist in restoring the public tranquility. Do you think the publishing this Declaration a meritorious service ? A. He does not choose to answer. Q. Did you ever see or hear of the resolution of this Convention, July 16th, requiring all officers to is- sue process, Edward Willett. ) Edward Willett, Senr. being brought in and examined, says, that he, the examinant, delivered to Ed- 562 JOURNAL OF THE PROVINCIAL CONVENTION. ward Willett a letter for the sheriff of Queens county, but does not know whether it was from Govt. Tryon ; that he got said letter at Jamaica from Nathaniel Mills ; thinks Mills said he got it from Livingston or Depeyster, but does not know exactly ; that Mills said he had received that letter the same morning he had delivered it to the exami- nant, but declared he did not know the contents ; that he never conversed with the sheriff since he received the said letter. The examination of the said Edward Willett, Senr. by him subscribed, is on file. Edward Willett, Junr. brother of Thomas Willett, ex- amined, says, that he did deliver to his brother, Sheriff Willett, a letter from Govr. Tryon, enclosing a proclama- tion from Lord Howe and Genl. Howe ; that Mr. Edward Willett of Flushing, gave said letter to the examinant; that he did not ask Edward Willett where he got it, nor did said Edward tell him ; that he hath never read said letter ; that he heard his brother say it was from Governor Tryon, and saw the proclamation contained in the said letter ; that he does not know whether his brother intended to publish said letter upon the receipt thereof ; that no conversation passed between them relating to the said proclamation ; that he hath had no conversation upon the Declaration of Independence with his said brother ; that the Declaration of Independence was read off at the head of the companies in Queens county nearly about the time when the said letter was received ; that he had heard of the Declaration of Independence frequently before the said publication thereof. The examination of the said Ed. Willett, Junr. by him subscribed, is on file. State of New-York, ^ Thomas Hicks, Esqr. J Examination before the Convention, &c. 8th Augt. 1776. Believes he saw a letter from Govr. Tryon, enclosing a Declaration of Lord Howe and Genl. Howe, which was sent to Sheriff Willett ; does not remember that the she- riff asked him how far he would or would not be safe in publishing that Declaration ; that examinant upon conver- sing wilhTthe said sheriff, did at first consider the publish- ing^ the said Declaration as trifling, but upon adverting to a resolution of the Convention, did tell him, " That ex- aminant did not know how far the said publication might under that resolution be considered as adhering to the ene- my, and consequently treason ; wherefore, examinant was of opinion that the publishing said declaration was dange- rous ;" that said sheriff declared to examinant that he was determined to publish the same, for that he would do his duty let the consequences be what they would, or some- thing to that effect ; which declaration was made, as ex- aminant thinks, posterior to the delivering of his opinion as aforesaid, but is not certain ; does not remember that the sheriff gave as a reason for publishing said Declaration, that the Congress had published it themselves, although he may have given the same as a reason; and did not think from the general tenor of the conversation, that the sheritf meant to ask his advice, or to be guided by it, but that it was a mere matter of chat or news between them ; that ex- aminant does not believe he should have had any conversa- tion with said sheriff upon the subject, had he not asked to see the said Declaration, being curious to know what terms were offered, and having heard from Doctor Johnston that the sheriff had received it, examinant may have told the sheriff during the course of the conversation, that as the Congress had published it, there would be no harm for him to do it, but does not recollect that he did ; does not recollect whether he had any conversation with the sheriff upon the subject of the Declaration of Independence ; though possibly he might have had. c v THO. HICKS. Resolved, That Thomas Hicks, Esqr. Edward Willett, and Edward Willett the younger, be discharged ; the evi- dence which had been given against them not appearing sufficient for their detention. Resolved, That Messrs. Samuel Riker, Joseph Robinson and William Furman, or any two of them be, and are hereby, authorized and required to call before them Nathaniel Mills, of Jamaica, and examine him, from whom, and when, and where, he received a letter, or packet, directed to the she- riff of Queens county, and which he lately delivered to Ed- ward Willett ; that they, or any two of them, do likewise call before them and examine all such other persons as thev may think necessary, to discover by what means, or com- munication, that letter was brought from the enemy ; that they be, and are hereby, authorized to command to their assistance, from time to time, any number of the troopers, or militia, which they may think necessary, and to send for, search for, and secure persons and papers, and, if they shall think proper, to send them to this Convention ; and that they report their proceedings in the premises to this Convention, with all convenient speed. Resolved, That the committee appointed yesterday, to report regulations for establishing a fund in this State be, and is hereby, dissolved. Whereas there might probably be a want of cash in the treasury of this Stale, before more can be obtained, other- wise than by loan, Resolved, That Mr. Roosevelt, Mr. Bancker and Mr. Beekman, be a committee to borrow and procure on loan for this State, any sums, not exceeding in the whole the sum of ten thousand pounds, to be repaid in a short time, without interest; for payment whereof [this Convention] shall be liable, and will indemnify the said committee, and each of them. Die Jovis, 4 ho. P. M. Augt. 8th, 1776. The Convention met pursuant to adjournment. Pkesext — Brigadier-General Woodhull, Presidt. Colo. Broome, Mr. Bancker, Mr. Van Zandt, Mr. Roosevelt, Mr. Dunscombe, Mr. Beekman — New-York. Mr. Morris — Westchester. Mr. Newkerk, Mr. Harper — Tryon. Mr. Ab. Yates, Mr. Bleecker, Mr. Adgate, Mr. P. R. Livingston — Albany. Colo. De Witt, Mr. Contine, Mr. Wisner, Junr.— Ulster. Mr. Little, Mr. Outwater —Orange. Mr. Duer — Charlotte. Mr. Woodhull, Mr. Smith, Mr. Tredwell— Suffolk. Mr. Sackett,. Mr. Livingston, Mr. Hen. Schenk — Dutchess. Major Lawrence, Colo. Blackwell — Queens. Colo. Marsh, Mr. Stevens — Cumberland. A letter from His Excellency Geneial Washington, da- ted this day, giving the intelligence received by two de- serters from the Solebay man of war, was read, and is hereinafter inserted, vizt : " New-York, August 8th, 1776. " Sir — By this I mean to communicate to your Ho- nourable Body the substance of the intelligence I received yesterday, from two deserters that came from the Solebay man of war the evening before. They inform that they were in the engagement at Sullivan's island, and give near- ly the same account that was transmitted by Genl. Lee, which you would see published by Congress. They add that they left South Carolina about three weeks ago, with Genl. Clinton and his whole army, who are now arrived, and landed on Staten island. They also say that part of Lord Howe's fleet, wiih Hessian and Highland troops on board, have got in, and that the remainder, with a conside- rable body, is hourly expected ; which those that have come in, parted from in a gale of wind off the banks of Newfound- land. " As the accounts given by these men are direct and circumstantial, and their authenticity corroborated by many oilier things that have occurred, it is not to be doubled but the number of the enemy's army will greatly exceed ours. Their force, which was generally expected would be con- JOURNAL OF THE PROVINCIAL CONVENTION. 563 siderable of itself, the unexpected augmentation of General Clinton's army, makes it more so. On the other hand, ours does not come up to the intended establishment. " Under these circumstances, and as we may expect the period just at hand, when they will make their vigor- ous push, I submit it to the consideration of your Honoura- ble Body whether it may not be necessary for your exer- tions to be employed, in calling, in the most expeditious manner, such reinforcements as you can obtain, to the aid of this army. " I have the honour to be, sir, " Your most obedt. servt. " GO. WASHINGTON." A letter of this date, from His Excellency Washington, relative to the militia called forth from the counties of Dutches, Ulster, Westchester and Orange, was read, and hereafter follows, vizt : " New-York, Augt. 8th, 1776. " Sirs — I have been favoured with your letter of the 6lh inst. and am happy to find the nomination I made of Genl. Clinton, in consequence of your request to appoint an offi- cer to the command of the levies on both sides of Hudson's river, has met the approbation of your Honourable Body. His acquaintance with the country, abilities, and zeal for the cause, were the motives that induced me to make choice of him. " However, I am led to conclude from that part of your letter which desires me to transmit him his appointment, with the resolution subjecting the levies on both sides of the river to his command, that your Honourable Body en- tertain ideas of the matter somewhat different from what I do or ever did. "When I was honoured with your letter of the 16th ulto. with the resolves of Convention upon this subject, the state of the army under my command, would not allow me to send a general officer in the Continental service to com- mand the levies you then proposed to raise, supposing I had been authorized to do it ; but considering myself with- out power in this instance, the levies altogether of a pro- vincial nature, to be iaised by you and subject to your di- rection, I esteemed the nomination of a general officer over them intrusted to my choice a matter of favour and of compliment, and as such I gratefully felt it. I am per- suaded I expressed myself in this manner to the gentle- men who were pleased to attend me upon the occasion, and that they had the same ideas. Under the influence of this opinion, all I expected, was that an appointment would be made in conformity to my nomination, if there was no objection to the gentleman I proposed ; considering then as 1 do now, if he was approved by Convention, he was their officer, and deriving his appointment and authority from them. In this light I presume Genl. Clinton must be viewed, and his powers over the levies, you allude to, flow from you. Lest accident may have mislaid the let- ter I wrote you on the subject, I have enclosed an extract of it, so far as it had relation to it. " It is not in my power to send an experienced officer at this time to the post you mention ; I trust that Colo. Clin- ton will be equal to the command of both of the Highland fortifications, they are under his direction at present. " In respect to the two commissaries, I thought the mat- ter had been fixed, but as it is not, I have requested Mr. Trumbull, who has the charge of this, to wait upon and agree with the Convention on proper persons to conduct the business, and in such a way that their purchases and his may not clash ; to him therefore I beg leave to refer you upon this subject. " I am extremely obliged by the order for the telescope. I have obtained it and will try to employ it for the valuable purpose you designed it. " I shall pay proper attention to your members and per- sons employed in their service, and give it in general or- ders that ihey be permitted to pass our guards without in- terruption. " Before I conclude I cannot but express my fears lest the enemy's army, so largely augmented, should possess themselves of the whole stock on Long island ; when the further reinforcement arrives which they hourly expect they may do it without a possibilty on our part of prevent- ing them. I wish the Convention may not see cause to regret that they were not removed. " I have the honour to be, " With great respect, sir, " Your most obedt. servt. " GO. WASHINGTON." The Convention having taken General Washington's let- ters into consideration, Resolved unanimously, That Brigadier General Clin- ton be and he hereby is appointed to the command of all the levies raised and to be raised in the counties of Ulster, Orange and Westchester, agreeable to the resolutions of this Convention, of the day of July last. Resolved, That General Clinton be informed of this ap- pointment, and directed immediately to send expresses to the counties of Ulster, Dutchess, Orange and Westchester, and order them to hasten their levies, and to march them down to the fort now erected on the north side of King's Bridge, leaving 200 men under the command of a brave and alert officer to take possession of and throw up works at the pass of Anthony's Nose. Resolved, That General Clinton be requested to order the troops of horse belonging to the counties of Ulster, Orange and Westchester immediately to march to such posts as he may think proper that they should occupy, in order to watch the motions of the enemy's ships of war, now in Hudson's river. A draft of a letter to General Clinton, to accompany the above resolutions, was read and approved of, and is in the words following, to wit : "In Convention, &c. •' Sir — I have the pleasure of informing you that, with the approbation of General Washington, you are appointed to the command of the levies last raised by order of the Convention of this Slate, which the Convention hope will be agreeable to you. " The accounts received from General Washington are of a very alarming nature, and require our utmost exertions. You are, therefore, to send expresses to Dutchess, Ulster, Orange and Westchester counties, and order the new levies to march with the utmost expedition to the post erected on the north side of King's Bridge, since it is of the last im- portance to prevent the enemy occupying that post, and cutting off the communication between the army in town and the country. You will observe that the Convention direct two hundred men to be left to guard the pass on Anthony's Nose ; you can not be ignorant of its impor- tance. They, therefore, doubt not that you will take care to order works to be thrown up, and supplied, if possible, with a couple of cannon, which we suppose may be ob- tained from Kingston. The guarding the coasts against any attempts from the shipping is submitted to your discre- tion, in which the Convention repose the utmost confidence. I would just add that it is the intention of the Convention that you should march yourself, with those levies that are nearest at hand, and leave orders for the remainder to fol- low you as soon as they can be collected. " I am, respectfully, &c. " To Brigadier Clinton." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted, with a certified copy of the resolutions relating to Brigadier-General Clinton and the militia put under his command, therein enclosed. Resolved, That Colo. Josiah Smilh be, and he hereby is ordered immediately to march all his new levies to the western end of Nassau island, and within two miles of Brigadier-General Greene's encampment ; and that he obey such orders as he may receive from time to time from Brigadier-General Greene. t 564 JOURNAL OF THE PROVINCIAL CONVENTION. Ordered, That General Woodhull forward the last pre- ceding resolution to Colo. Josiah Smith, by express, or that he direct the captain of the troop of Queens county to forward it by one of his troopers, with a letter of directions to Colo. Smith. A draft of a letter to His Excellency General Washing- ton, to cover copies of the resolutions for calling the militia to the fortification beyond King's Bridge, and Colo. Smith's regiment to General Greene's brigade, was read and ap- proved of, and is in the words following, to wit : " Sir — I am directed by the Convention of the State of New-York to enclose to your Excellency sundry resolu- tions which they have entered into, in consequence of part of your letter of this date. The Convention have further measures in contemplation for the security of this Stale, which they conceive of the utmost importance to the gene- ral cause of America. So soon as they are determined on I shall give your Excellency immediate notice, and at the same time answer your two letters of this date in a more particular manner than the hurry of business will at pre- sent admit of, " I have the honor be, " Most respectfully, &c." " To His Excellency General Washington." Ordered, That a copy of the said letter be engrossed, and signed by the President, and together with copies of the resolutions above mentioned, transmitted to the Gene- ral immediately. A letter from Capt. Abraham Le Dieu of Westchester county, offering to raise a company of volunteers as a part of Colo. Thomas' regiment, was read and considered. Thereupon, Resolved, That Captain Abraham Ledieu be, and is hereby, authorized to raise one company of volunteers to serve in the regiment of militia of Westchester county, called into service and commanded by Colo. Thomas, and that so many of the said company as do now belong to the militia of Westchester county be considered as part of the number ordered to be raised by drafts from the respective regiments of the said militia to which they do belong ; And Ordered, That Lieut. Colo. Hamman and the major of the said regiment do determine on the subalterns who shall be called into service in that company, having regard to the rank of the officers of the regimeut to which they be- long, agreeable to the resolutions of this Convention for calling out a part of that regiment into actual service ; And Ordered farther, That the said Capt. Le Dieu apply to Colo. Thomas for a proportion of bounty money for his men, and shew him this copy of our resolution. And that Capt. Le Dieu join Colo. Thomas' regiment with his said company as soon as possible. FRIDAY MORNING, Augt. 9th, 1776. The Convention met pursuant to adjournment. Present — General Woodhull, Prest. Mr. Bancker, Mr. Dunscomb, Capt. Rutgers, Major Abeel, Mr. Roosevelt, Mr Brasher, Mr. Beekman, Genl. Scott — New-York. Col. Marsh, Mr. Stephens— Cumberland. Mr. A. Yates, Mr. Bleecker, Col. Livingston, Mr. Adgate — Albany. Major Schenk, Mr. Sacket, Mr. Landon, Mr. R. R. Livingston — Dutches. Mr. Duer — Charlotte. Genl. Woodhull, Mr. Smith, Mr. Tredwell, Mr. Hobart— Suffolk. Dr. Outwaler, Mr. Wisner— Orange. Mr. Harper, Mr. Newkirk — Tryon. Mr. Contine, Col. Dewit— Ulster. General Morris, Col. Drake, Mr. Morris, Col. Graham, Mr. Haviland — Westchester. Mr. Smith, Major Lawrence— Queens. The examination of Jacob Halstead, of Orange county, farmer, taken before A. H. Hay, Esqr. the 7th August, 1776, wherein he gives a particular account of the burning of his house, near the Donderberg, by some of the crew belonging to the ships of war now in Hudson's river. Ordered, That it lie on the table. The petition of James Cargill, saltpetre maker, praying to be exempted from military duty ; referred to the com- mittee appointed to consider and report what manufactu- rers ought to be exempted from military duty. The report of the committee appointed to take into con- sideration and report on the letters from Corns. C. Roose- velt and Capt. Hamilton was read ; whereupon the Con- vention came to the following resolutions : Resolved unanimously, That the company of artillery formerly raised by Capt. Hamilton under the authority of the State, be, according to a resolution of the late Con- vention of the day of June last, considered as a part of the number ordered to be raised by the Continental Congress from the militia of this State ; and therefore that the said company be, and hereby is, incorporated into Genl. Scott's brigade : Resolved unanimously, That Corns. C. Roosevelt be allowed a reasonable compensation for the beef and pork which he has furnished to Capt. Hamilton's company of artillery since the 27th day of June last, beyond the con- tract by him made with this Convention ; and that such compensation be adjusted by the Auditor-General of this State ; and that the said Corns. C. Roosevelt do no longer supply the said company with provisions. Ordered, That Genl. Scott, Capt. Hamilton and Mr. Corns. C. Roosevelt be each of them furnished with a copy thereof. Ordered, That Mr. Ogden, the keeper of the jail of Westchester county, furnish Rinier Van Housen and Henry Dawkins, now in his custody, with provisions for their subsistence ; and that he be allowed 14d. per day for each of them till further order. Sundry resolutions relative to persons who have or may hereafter join or assist the army or navy of Great Britain, were moved by Mr. Duer and read. Ordered, That the same be taken into consideration to- morrow morning. Mr. Robert R. Livingston, according to order, reported the draft of a letter to General Washington, which was read, approved of, and is in the words following, to wit : " Sir — We received your Excellency's favours of yes- terday, and have, agreeable to your request, made out Genl. Clinton's appointment. As your Excellency seemed to think the mililia necessary, and had accordingly called them out, both from this and the New-England States ; we, upon finding that they served with great reluctance at this busy season of the year, and were constantly quitting their posts to return to their farms, raised troops at great expense in order to supply their place, conceiving that they would be considered in the same point of view and entitled (agreeable to the resolutions of Congress with re- spect to the militia called out in time of actual invasion) to Continental pay and subsistence. If in this we have been mistaken, we only lament our error so far as it may have given your Excellency some trouble, since no pe- cuniary consideration shall make us relax those measures that are necessary to add strength to the great cause in which we are now engaged. We shall, therefore, retain the levies in our pay, subjecting them, however, implicitly to your Excellency's command, till you shall think them unnecessary. In the mean while, the duty we owe our constituents obliges us to request that your Excellency will be pleased to hint the utility of this measure to the Congress, in which case we dare safely rely upon their justice for reimbursing our expense except as to the boun- ty, for which, considerable as it is, we expect no com- pensation. JOURNAL OF THE PROVINCIAL CONVENTION. 565 " In order to avoid the confusion that will arise from the appointment of officers who may afterwards be removed if our levies should be placed on the Continental esta- blishment ; we shall appoint as commissaries the persons Colo. Trumbull nominated, especially as their charac- ters are unexceptionable, and we beg that he will take the direction of them till we are informed by Congress of the light in which they are to be considered. " We consider the order mentioned in your letter, as an additional proof of that attention to the members of this Convention, which your Excellency has before so frequent- ly manifested, and which they conceive themselves bound gratefully to acknowledge. We see in the same point of view, the communication of that interesting intelligence received from the deserters. " It is our great misfortune that at this important crisis, this State is unable to make those exertions which the cause of America requires. From the disaffection of some amongst us ; from the want of arms ; from the ex- posed situation of Long island and our frontiers ; from the possession of one county by the enemy, and the pro- bability of our being soon called upon to reinforce the northern army, we are unable to add much strength to the troops under your Excellency's cammand, being by the se- veral reasons above mentioned, deprived of the assistance of nine counties out of fourteen which compose this Slate. Notwithstanding all these difficulties, we are determined to combat every obstacle, and to strain every nerve in de- fence of the rights and liberties of America, which we conceive to be most materially interested in the safety of this State. By our resolutions for ordering the several drafts made in the counties of Suffolk, Queens, Kings, Westchester, Dutches, Ulster and Orange, to the envi- rons of New-York, we hope in about six days to add near 3,000 men to your army. " We lament exceedingly that we should have occasion to complain of the languid efforts which the neighbouring States have made for our assistance. From the zeal they professed for the public cause; from the vicinity of some of them to this invaded country, and from the dangerous situation in which Connecticut, Massachusetts, Pennsyl- vania and Jersey must be in should the enemy succeed in their designs against this State, we expect the most stre- nuous and expeditious exertions. How great our concern at finding so considerable a deficiency in the establishment for this army your Excellency may easily judge from the feelings of a patriotic bosom on the importance of the cause, and the dangers to which it is by these means ex- posed. " We flatter ourselves, however, that this supineness will not be of any duration, and that the Continental Con- gress will devise means of affording the most expeditious and effectual assistance to preserve a State, the loss of which, from its geographical situation, and the political character of too many of its inhabitants, would be almost fatal to the cause of American liberty. " We have the honr. to be, " With great esteem and regard, " Your Excellency's mo. obt. servts. " By order." Friday Afternoon, August 9th, 1776. The Convention met pursuant to adjournment. Present — Genl. Woodhull, Prest. Mr. Bancker, Mr. Roosevelt, Mr. Beekman, Capt. Rutgers, Major Abeel, Genl. Scott— New-York. Mr. Smith, Major Lawrence — Queens. Mr. A. Yates, Mr. Adgate, Mr. Bleecker — ilbany. Mr. R. R. Livingston, Mr. Landon, Mr. Sacket, Major Schenk — Dutches. Genl. Woodhull, Mr. Tredwell, Mr. Hobart, Mr. Smith— Suffolk. Dr. Outwater, Mr. Wisner — Orange. Col. Marsh, Mr. Stephens — Cumberland. Col. Dewitt, Mr. Contine— Ulster. 142 Mr. Morris, Col. Graham, Mr. Haviland — Westchester. Mr. Harper, Mr. Newkirk — Tryon. A letter from Colo. J. Hardenbrook, of Brigadier-Genl. Scott's brigade, complaining of a deficiency of arms and accoutrements in the companies under his command. Ordered, That Colo. Curtenius deliver to Lieut. Col. Johns. Hardenbergh 72 guns, muskets or firelocks, for the use of such of his men as are unprovided, taking Colo. Hardenbergh's receipt to be accountable for the payment of the value of those arms, and for that purpose stoppa- ges be made out of their pay. Ordered, That Mr. Norwood deliver to Lieut. Col. Johns. Hardenbergh 162 carlouch boxes or pouches, for the use of such of his men as have none, taking Colo. Hardenbergh's receipt to be accountable for the payment of the value of the same, and for that purpose that the proper stoppages be made out of their pay. A letter from Joseph Drake, late colonel of the first re- giment of militia in Westchester county, dated at New Rochel, August 6th, 1776, wherein he sels forth his con- duct relative to drafting men out of his regiment, together with the reasons of his resignation, was read and filed. Ordered, That the same be referred to the committee appointed to inquire into and report on the cause of the de- lay made by Colo. Drake in drafting the men out of his regiment, agreeable to the resolutions of this Convention. SATURDAY MORNING, August \0(h, 1776. The Convention met pursuant to adjournment. Present— Genl. Woodhull, Prest. Mr. P. Van Zandt, Mr. Bancker, Mr. Roosevelt, Major Abeel, Mr. Beekman — New-York. Mr. Smith, Major Lawrence — Queens. Mr. Duer — For Charlotte. Mr. A. Yates, Mr. Bleecker, Mr. Adgate — Albany. Mr. Wisner, Dr. Outwater — Orange. Mr. Harper, Mr. Newkirk — Tryon. Mr. Smith, Mr. Tredwell, Genl. Woodhull, Mr. Hobart— Suffolk. Mr. Morris, Mr. Haviland, Judge Graham, Genl. Morris — West- chester. Mr. Contine, Mr. Wisner— Ulster. Major Schenk, Mr. Sackett, Mr. Landon, Mr. R. R. Livingston — Dutchess. Mr. Stephens, Colo. Marsh — Cumberland. Whereas certain machines now in the city of New- York, said to be the property of Capt. Foy, and left in the care of John H. Cruger, Esqr. are found to be immediately ne- cessary in the manufacturing of iron for the public service : And whereas the said John H. Cruger is not now in the said city, whereby any application to him for the sale of the said machines is become impracticable : Resolved, therefore, That Anthony Jelang be and he is hereby empowered to take, for the use of Saml. Ogden, Esqr. of Boonlon, all and singular the said machines, upon the especial trust and confidence, to be signified by the execution of the power unto the said Anthony as aforesaid given, that he, the said Saml. shall well and truly pay and satisfy unto the said John H. Cruger, the just and full va- lue of the several matters and things by the said Anthony, as clerk or agent to him the said Samuel, taken as afore- said ; the said value to be adjusted by the said John H. Cruger and the said Samuel Ogden, and in case of dispute between them, by a committee of this Convention, or some future representative body of this State, thereunto to be ap- pointed ; and that the said Anthony do, upon his corporal oath, make return unto this Convention immediately, of the several things by him taken as aforesaid. A certificate, dated at Mamacotting precinct, the 19th June last, signed by I. R. D. Witt, chairman of the com- mittee of that precinct, was read and filed. He thereby certifies that the men of the train band of. the northeast 566 JOURNAL OF THE PROVINCIAL CONVENTION. district of the said precinct had duly elected the following officers, under the inspection of 5 members of that com- mittee, vizi : John Newkirk, capt. ; Win. Rose, first lieut. ; Mathcw Neely. 2d lieut. and Moses Miller, ensign. A letter subjoined, from Lieut. Col. Claughry, dated the 10th day of July last, was also read. He informs that the inhabitants there are exposed, and have not any officers, and requesting the commissions to be issued immediately. Ordered, That the said commissions be issued imme- diately. The committee appointed for that purpose, reported a draft of a commission to the judge of the high court of ad- miralty of this Slate, which was read and approved, and is in the words following, to wit : " To Lewis Graham, Esqr. Greeting : " We, the Representatives of the State of New-York, in Convention met, reposing especial confidence and trust in your judgment, learning and integrity, do hereby com- missionale you, during the good pleasure of the said Con- vention, to be judge of the high court of admiralty in the said State ; giving and granting unto you, the said Lewis Graham, by these presents, all and singular the rights, liberties, privileges, powers and emoluments to such judge of the court aforesaid within the said Stale belonging, or in anywise appertaining. Given at Harlem, the day of August, in the year of our Lord 1776. " By order, " NATHL. WOODHULL, Prest. " Attest, « John McKesson, ) Secretaries ,, Robt. Benson, J Whereas a number of the inhabitants of this State, by removing from one county to another, have by that means avoided military duty in either, to the great injury of this Stale : Therefore be it Resolved, and it is hereby resolved, That every person between the age of 16 and 50, abiding and continuing in any county for the space of 14 days, be enrolled and ap- pear in the militia of the county in which he so abided, un- der the penalty of 40s. for every day's difference in which he or they shall not be so enrolled, and after notice is given him or them by the officer of the beat in which they shall reside ; provided always, that this resolution shall not ex- tend to such persons as are in the service of this State or of the Continental Congress. Die Sabbtti, 4 ho. P. M. Augt. 10th, 1776. The Convention met pursuant to adjournment. Present — Mr. Bancker, Mr. Roosevelt, Mr. Beekman, Major Abeel — New-York. • Mr. Contine, Mr. Wisner, Junr. — Ulster. Mr. Duer — Charlotte. Mr. A. Yates, Mr. Adgate, Mr. Bleecker — Albany. Mr. Haviland, Genl. Morris, Mr. Morris, Judge Graham— West- chester. Mr. Smith, Mr. Tredwell, Mr. Hobart— Suffolk. Mr. Harper— Tryon. Dr. Outwater, Mr. Wisner — Orange. Mr. R. R.Livingston, Mr. Piatt, Mr. Sacket, Major Schenk— Dutches. Mr. W. Smith, Major Lawrence — Queens. Mr. Stephens — Cumberland. Brigadier-Genl. Woodhull being necessarily absent, with the consent of the Convention, Abraham Yates, Junr. Esqr. was unanimously chosen President pro tempore, and accordingly took the Chair. The Convention resumed the consideration of the reso- lutions which were debated this morning, and adjourned over, and the same being agreed to, are in the words fol- lowing, to wit : Resolvtd, That one-fifth part of ihe militia of the coun- ty of Albany be immediately drafted, and marched will) the utmost expedition to the encampment to the northward of King's Bridge, to continue in service one month after their arrival at the said encampment, unless sooner dis- charged ; and that the officers commanding this reinforce- ment be appointed by the Brigadier-General, or command- er-in-chief of the militia of that brigade, who is desired to pay all proper attention to the rank of the respective officers. Resolved, That one-half of the militia of Kings and Queens counties be immediately ordered to march, and put themselves under the command of the officer commanding the Continental troops on Nassau island, to be continued in service until the first day of September next, unless sooner discharged by order of this Convention. Resolved, That the above levies be formed into compa- nies to consist of one captain, two lieutenants, three ser- geants, three corporals, one drummer, one fifer, and 50 privates ; and that the captains and subalterns be appoint- ed by the field officers of each regiment of the militia from which the quotas are to be raised, out of the militia officers, having in such appointments regard to their rank and the dates of their commissions, if a sufficient number of such are willing to serve ; if not, that they be at liberty to ap- point such others as they may think properly qualified, and that the non-commissioned officers be appointed by the captains of each company under whom they are to serve. Resolved, That those troops to be raised in the county of Albany shall be under the command of one colonel, one lieutenant-colonel and one major, and have one adjutant, one quarter-masier, and one surgeon. The field officers of the levies to be raised in the county of Albany to be appointed by the brigadier-general and the county committee of the said county. The troops or levies to be raised in Kings and Queens counties to be formed into one regiment, under the command of one colonel, one lieutenant-colonel and one major, and have one adjutant and one quarter-master. The field officers of those lo be raised in the counties of Kings and Queens to be appointed by this Convention ; and the adjutant and quarter-master of each regiment to be appoint- ed by the colonel of such regiment. Resolved, That each man be furnished with a good musket or firelock, bayonet or tomahawk, a blanket and knapsack, and every six men with a pot or camp kettle; and to the intent that the levies so raised may not be un- furnished with arms, the committees in the different town- ships and districts in the said counties, and the colonels of the regiments are hereby empowered to furnish all such as have no arms, by taking them from those who are not drafted, and such other persons in the districts as have arms, the same being valued by the committees of each district ; the amount of such valuation hereafter to be paid to the proprietors of said arms by this Convention, or the arms restored in the same order to their former proprietors; and that one penny per mile be allowed during their march for subsistence money, and one day's pay for every 20 miles, between home and rendezvous, going and coming. Resolved, That the officers and men who compose this regiment shall receive Continental pay and rations, during the time they are in service, agreeable to their several ranks. Resolved, That the resolutions of this Convention rela- tive to calling out every 5th man from the militia of the county of Albany, be submitted to Genl. Washington, and if he shall think them necessary, be sent to the brigadier- general of the county of Albany by express. Resolved, That General Morris be desired to order out his whole brigade with five days' provisions, to take possession of such parts of the Sound and Hudson's river, as he thinks most exposed to the enemy ; and that the said mi- litia continue in service, and under Continental pay and subsistence for 10 days, unless sooner discharged by this Convention ; that each man who shall not have arms bring with him a shovel, spade or pickaxe, or a scythe straight- ened and fixed on a pole. Resolved, That Genl. Clinton be empowered to call in JOURNAL OF THE PROVINCIAL CONVENTION. 567 such part of the forces as he may think necessary to re- inforce the post to the northward of King's Bridge. Resolved, That General Morris be ordered immediately to apprehend and secure the persons ordered to be appre- hended by this Convention yesterday, and that he be fur- nished with a list of those persons' names. Resolved, That the commanding officer of the militia in the counties of Orange, Dutches and Ulster, be immediate- ly ordered to hold their whole militia in readiness to march with 5 days' provisions on the earliest notice, and that when they march they leave a sufficient guard to prevent insur- rections of slaves, and to guard the prisoners in the respec- tive counties. Resolved unanimously, That whenever the whole mi- litia of any county in this State shall be ordered to march, that they bring with them all the disarmed and disaffected male inhabitants from 16 to 55 years of age, who shall serve as fatigue men to the respective regiments. Resolved, That whenever the whole, or any part of the militia of this State shall be ordered out on actual service by this Convention, or any future Legislature of the Slate, and any colonel or other commanding officer of a regiment, or any captain or other commanding officei of a company, shall neglect or refuse to comply with such orders, the brigadier-general of the brigade to which such officer shall belong, shall immediately suspend him from his office, and with all convenient speed, order a general court mar- tial for his trial and he being thereof duly convicted before such court by the oath or affirmation of two or more cre- dible witnesses, shall be cashiered, and rendered incapable of thereafter holding any military office wilhin this State. Resolved, That when any man who shall have been drafted in pursuance of the orders of this Convention, shall absent himself and neglect to appear after being duly no- tified, the field officers of the regiment to which such offender shall belong, shall, upon due proof of the same by the oath or affirmation of two or more credible witnesses, raise from the estate of the offender by distress and sale, so much money as shall be sufficient to hire a man to serve in his stead, and apply the same to that purpose, provided the same shall not exceed the sum of £30 ; and provided also that nothing in this resolve shall be construed to excuse the said absentees from serving with the other drafts from the militia. Resolved, That if any militia officer in the service of this State, shall, during the present invasion, resign his commission after having received orders to proceed upon duty, from this Convention, or his superior officer, without the permission of the Convention of this State, or shall not repair with all possible despatch to such place or places as he or they may be ordered by the Convention of this State, or by his superior officer, shall, upon good proof before a general court martial, be rendered incapable of thereafter holding any military employment under this State, and that the name of such officer shall be held up in all the public newspapers as a deserter of his country's cause. Ordered, That the aforegoing resolves relative to the neglect of duty, or resignation of officers of the militia, be published in the newspapers. Resolved, That William Paulding, Esqr. be, and is hereby, appointed commissary of the militia raised and to be raised in this Slate, to the northward of King's Bridge, while in service, on the east side of Hudson's river, under the command of Brigadier-General Clinton ; that he sup- ply them with rations agreeable to the Continental esta- blishment ; and that he make provision for continuing that supply ; that he advise with Colo. Trumbull, the Commis sary-General, on the mode of purchasing provisions, and keeping his accounts, so that he may be enabled to keep his accounts in ihe melh d with the Continental accounts of provisions, and that he take his future direclions on this subject from Colo. Trumbull, till further orders. And also that for this purpose he be, and hereby is, authorized to purchase on the account of this State, any such provisions as may be necessary ; for payment whereof, this Conven- tion will provide means. Thereupon a draft of a letter to Mr. Paulding was read and approved, and is in the words following, to wit : " Sir — General Clinton has been appointed to command the levies lately raised and drafted, or to be drafted, from the militia to ihe northward of King's Bridge, and is or- dered, with the greatest part of his troops, to ihe fortifica- tion a little to the northward of King's Bridge. You will see, by the copy of the enclosed resolution, that you are ap- pointed commissary for those troops while in service on the east side of Hudson's river, under General Clinton's com- mand, until further order, and that you are to take your further direclions on ihis head from Colo. Trumbull, the Com missary-General. " We desire your immediate attendance to this business, and doubt not you will exert your utmost endeavours to perform the same in the best manner. " I am, sir, your very humble servt. " By order. " Wm. Paulding, Esqr." Ordered, That the same be, (together with Mr. Pauld- ing's appointment,) copied, signed by the President, and transmitted. Resolved, That Colo. Van Cortlandt and Capt. Piatt be empowered to act as commissaries in supplying the troops under the command of General Clinton, with provisions, till Mr. Paulding, who is appointed commissary, shall join those forces. Resolved, That the first above mentioned gentleman be empowered to purchase on account of this State, 600 bis. flour, and as many pine boards as he can procure, not exceeding 10,000. The flour and boards to be delivered as near to King's Bridge as possible by waler carriage. Resolved, That the said gentlemen be empowered to impress wagons, carts, &c. in order to enable them to carry into execution these resolutions, paying a reasonable price for ihe same. Resolved, That the above gentlemen transport, as quick as possible, l,500lbs. of the powder at Mr. Livingston's powder mills, belonging to this Slate, to Genl. Clinton's en- campment at King's Bridge. For which purpose, Resolved, That the order from Genl. Washington, in fa- vour of this Convention, on John Livingston, for l,500lbs. of powder, be endorsed by the President, ordering the said powder to be delivered to Colo. Van Cortlandt and Capt. Z. Piatt, or their order. An attack upon the city of New- York being daily ex- pected, in which case the stores belonging to this State in the custody of Colo. Curtenius and Mr. Norwood, will be in danger of being destroyed : Therefore, Ordered, That Colo. Curtenius be, and he is hereby di- rected, to dispose of the lead belonging to this State, and now in his possession, in the following manner, to wit : That he send thereof to Stanford, in Connecticut, 20 tons ; to Genl. Clinton's encampment, near King's Bridge, 10 tons, and the residue thereof to Orange town, in Orange county; and that Colo. Curtenius send to Genl. Clinton's encampment as many bullet moulds and ladles as Mr. Duer shall please to direct; and that Colo. Curtenius use the utmost despatch in executing this order. And Ordered, That Mr. Norwood, the Commissary, cause to be conveyed to Genl. Clinton's encampment on the north side of King's bridge, 500 pouches with belts, 60,000 car- tridges of different sizes, filled with powder and ball, and 500 flints. Whereas, this Convention has received information that the inhabitants of Kings county have determined not to oppose the enemy, Resolved unanimously, That a committee be appointed to repair forthwith to the said county, and inquire con- cerning the authenticity of such report ; and in case they find it well founded, that they be empowered to disarm and 568 JOURNAL OF THE PROVINCIAL CONVENTION. secure the disaffected inhabitants ; to remove or destroy the stock of grain ; and if they shall judge it necessary, to lay the whole county waste. And for the execution of these purposes, they be directed to apply to Genl. Greene, or the commander of the Continental troops in that county, for such assistance as they shall want. And Ordered, That Mr. Duer, Colo. Remsen, Mr. Hobart and Colo. De Wit, be the committee. Resolved, That A. H. Hay, Esqr. be appointed com- missary for the militia raised and to be raised in this State to the northward of King's Bridge, while in service on the west side of Hudson's river, below the Highlands, under the command of Genl. Clinton ; that he supply them with rations agreeable to the Continental establishment. That he advise with Col. Trumbull, the Commissary- General, on the mode of purchasing provisions and of keep- ing his accounts, so that he may be enabled to keep his accounts in the same method with the Continental accounts of provisions, and that he lake his future directions on this subject from Colo. Trumbull, until further orders. And for this purpose Colo. Hay is hereby authorized to pur- chase, on account of this State, such provisions as he shall find necessary for the support of the sr'd militia while in service as aforesaid, for payment whereof this Convention will provide means. SUNDAY MORNING, August l\th, 1776. The Convention met pursuant to adjournment. Present— Abm. Yates, Junr. Esqr. Prest.pro tern. Mr. Roosevelt, Mr. Bancker, Major Abeel -New-York. Mr. Landon, Mr. Schenk, Mr. Sacket— Dutches. Mr. A. Yates, Mr. Bleecker, Mr. Adgate — ilbany. Dr. Outwater, Mr. Wisner, Mr. Smith- Orange. Mr. Smith, Mr. Tredwell— Suffolk. Mr. Morris, Genl. Morris— Westchester. Mr. Wisner, Junr. Mr. Contine— Ulster. Mr. Harper, Mr. Newkirk— Tryon. A sufficient number of members riot appearing, adjourned till to-morrow morning, at 9 o'clock. MONDAY MORNING. August \2th, 1776. The Convention met pursuant to adjournment. Present— Abm. Yates, Junr. Esqr. Prest. pro tern. Mr. Bancker, Major Abeel, Mr. Roosevelt— New-York. Mr. R. R. Livingston, Mr. Sacket— Dutches. Mr. Stephens — Cumberland. Mr. A. Yates, Mr. Bleecker, Mr. Adgate— Albany. Mr. Wisner, Dr. Outwater, Mr. Jos. Smith— Orange. Mr. Smith, Mr. Tredwell, Mr. Hobart on duty— Suffolk. Mr. Morris — Westchester. Mr. Duer on duty — Charlotte. Mr. Contine, Mr. Wisner, Junr. — Ulster. Col. Blackwell — Queens. Mr. Harper— Tryon. A draft of a letter to Messrs. John Jay and R. R. Liv- ingston requesting their attendance, was read and approved, and is in the words following, to wit : " Gentlemen — As you are both of the committee for the framing a new government, the Convention think it highly proper that you should attend upon that business immediately, unless your presence is absolutely necessary in the secret committee, of which I am directed to inform you. " And am, gentlemen, your most obt. servt." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. TUESDAY MORNING, Augt. 13th, 1776. The Convention met pursuant to adjournment. Present — Abm. Yates, Junr. Esqr. Prest. pro tern. Col. Blackwell, Capt. Lawrence — Queens. Mr. Beekmau, Mr. Roosevelt, Mr. Bancker, Col. Broome, Major Abeel, Col. Brasher, Capt. Denning— New-York. Mr. Harper, Mr. Newkirk— Tryon. Mr. A. Yates, Mr. Bleecker, Col. Livingston, Mr. Adgate— Albany. Mr. Morris, Mr. Haviland, Judge Graham, Major Lockwood — West- chester. Mr. Stephens, Colo. Marsh— Cumberland. Mr. Smith, Mr. Tredwell, Mr. Hobart on service— Suffolk. Mr. Wisner, Dr. Outwater, Mr. Smith — Orange. Genl. Clinton, Mr. AVisner, Junr.— Ulster. Mr. R. R. Livingston, Major Schenk, Mr. Landon — Dutches. Resolved, That from the information received by Gene- ral Clinton of the business in which the seo-jt committee are engaged, that it will be improper to call Mr. Jay and Mr. Yates from that committee. Resolved, That Mr. Robt. R. Livingston have leave of absence in order to attend on that committee. Resolved and Ordered, That Col. Jeromus Remsen of Queens county, Lieut. Col. Nichs. Covenhoven of Kings county, and Major Richard Thorne of Queens county, be and hereby are appointed field officers of the militia order- ed to be drafted from Kings and Queens counties, and put under the command of the officer commanding the Conti- nental troops on Nassau island, pursuant to the resolutions of the Convention of this State, on the 10th inst. Doctor John Morgan, director-general of the hospital at- tending, was admitted. He informed the Convention that Genl. Washington had directed him to have all the sick re- moved to proper places, out of such parts of the city as are closely built and inhabited. That a list of houses have been handed to him for the purpose by private persons, but that he is a stranger and does not know what parti- cular houses might be proper to be exempted ; and there- fore requests the direction of this Convention in the pre- mises. Resolved, That his Excellency Genl. Washington be, and he is, hereby empowered to apply the following houses, to wit ; Mr. Apthorpe's, Oliver Delancey's and Robt. Bay- ard's, at Bloomingdale ; Wm. Bayard's at Greenwich ; Mr. Watts's near Kipp's Bay ; Robert Murray's on Inck- lam Bergh ; Mr. William McAdams and the houses and buildings (occupied by Mr. Watson) near the old glass house; Nichs. Stuyvesandt's, Peter Stuyvesandt's, Mr. Elliot's, Mr. Horsemanden's, commonly called Frogg Hall, widow Leake's near Kipp's Bay ; for the use of the gene- ral hospital of the American Army. Ordered, That the general committee of the city of New- York do, on application by Doctor John Morgan, director- general of the hospital of the Continental army, appoint a proper committee of their body to ascertain and designate to him such houses on Nassau island, to be by him used as a general hospital as he may from time to time have oc- casion of for that purpose. A petition or memorial of Capt. Jacobus Roos, was read, he therein complains that his late appointment to be one of the captains of the detachments of militia in Ulster County, was susperseded. The copy of that appointment therein contained was also read, and Genl. Clinton now present, gave some information to the Convention on that subject. Resolved and Ordered, That Capt. Jacobus Roos have leave to raise a company for immediate service ; that he may choose any two lieutenants who have commissions in Col. J. Hasbrcuck's regiment of the militia of Ulster county, and are desirous to go into service ; that from lime to time as soon as he shall have enlisted two or more men, he send them to join the troops at Peeks Kill until further or- JOURNAL OF THE PROVINCIAL CONVENTION. 569 der. That if he shall enlist and bring into the service a full company, he shall be entitled to the like pay and the same rank, in the regiment, as if he had raised a company when he was first appointed. A letter from Genl. Washington dated the 11th inst. relative to troops called out, was read and is as follows, to wit : "NeurYork, August nth, 1776. " Gentlemen — In answer to your favour of the 9th, with which I have been honoured, I beg leave to inform you that I neither wish nor expect any thing more than that the levies raised by you will be in Continental pay from the time they were called into service : that troops employed in a general cause should be supported at the general ex- pense, is so evidently just that I cannot see any objection to it. " It is true when the proceedings of your Honourable Body for raising those levies were first communicated to me, and it was mentioned by the committee who brought them that it was expected they would be paid by the States, I did not conceive myself authorized to take into service so large a number of men, and therefore could not say the States would pay them. But the situation of our affairs being much changed and requiring their service, I can not but consider them as much entitled to Continental pay as any troops in this army. In this light I am persuaded Congress will view them. It is so obvious and so equita- ble that no application from me can be necessary. The bounty I imagine, as you yourselves do, will be the expense of the State, for which indemnification will not be made by the public. My letter of the 8th was not meant to comprehend this subject ; it was particularly designed to explain my ideas of the authority from whence General Clinton's powers were derived. " 1 have requested Mr. Trumbull to take the direction of the commissaries, and to see that the levies are properly supplied with provisions. " I am extremely concerned that the quotas of men to be furnished by the neighbouring States have proved so de- ficient. The busy season and harvest, to which it has been ascribed, being now over, in a great degree, I flatter my- self, from the zeal they have heretofore manifested, they will afford every possible assistance. They are well ap- prized of the importance of this State in the present con- test, and the necessity of maintaining it against the at- tempts of the enemy. " In respect to the militia of Albany county, as you are pleased, in your proceedings of the 10th instant, to submit the propriety of calling them out to my determination, I would advise that they should not, unless the necessity for bringing them here should be extremely great. They otherwise should remain in their county to afford succour to the frontier parts of the government, if it should be ne- cessary. I have enclosed a copy of Lieut. McMichePs re- port, transmitted me by General Schuyler ; from whence it will appear, if the intelligence contained in it be true, that their aid may be required there. " I have desired Genl. Greene, on the application of the committee sent to Kings county, to afford them every assistance he conveniently can for executing the business they are upon. " Before I conclude, I would observe, the letter of the 9th, which I have acknowledged to have received, is with- out any signature. I presume it has been omitted through the hurry of business. " I have the honor to be, " With great respect, gentlemen, " Your mo. obt. servant, "GO. WASHINGTON." The intelligence of Lieut. McMichael was read, and is as follows : "Intelligence brought from Oswego by Lieut. McMi- 143 chael : was informed at Oswego that three regiments of Ministerial troops had arrived at Oswego lake, at which place they were joined by a number of tories and Indians, under the command of Colo. Johnston, and was to embark immediately on board two armed vessels, batteaux, and ca- noes, and proceed to Oswego, at which place they were to be joined by Colo. Butler, with all the Indians under his command, and likewise by Col Caldwell, with what re- gulars could be spared from Niagara. They intend repair- ing Oswego fort, as quick as possible, in order that they might hold a treaty with the Indians, and be able to defend themselves against any attack ; immediately after the trea- ty they are to march with all their force against Fort Stan- wix and the German Flatts, at the latter of which places they intend to fortify Johnstown, and to secure all the pro- visions they can. Was likewise informed that the main ar- my, under the command of Genl. Burgoyne, was marching to Crown Point and Tyconderoga, to beseige those places; was farther informed that an Indian man, named Thomas Davis, was sent from Niagara by Colo. Butler (as a spy) to the German Flatts, and he is to inform said Butler of the particulars that passes at the German Flatts during the treaty. " This intelligence came from a person that resides at Oswego, that was a sergeant in the regulars last war, and likewise from a party of Indians which I conversed with, that had left Col. Johnston four days before, and had come as spies. (Copy) " EDWARD McMICHAEL." A letter from His Excellency Genl. Washington, dated the 12th inst. relative to his having apprehended dan- gerous and disaffected persons, was received and read, and is as follows, vizt : " Head-Quarters, New-York, ) " Augt. \2tli, 1776. 5 " Gentlemen — As the time is certainly near at hand, and may be hourly expected, which is to decide the fate of this city, and the issue of this campaign, I thought it highly improper that persons of suspected character should remain in places where their opportunities of doing mis- chief were much greater than in the enemy's camp. I, therefore, have caused a number of them to be apprehend- ed, and removed to some distance, there to remain until this crisis is passed. " Having formerly mentioned this subject to your Ho- nourable Body, I would not again trouble them in a busi- ness which former connections, obligations and interests must make very unpleasant, and which, I apprehend, must have been in danger of failing in the execution, unless done with all possible secrecy and despatch. " I postponed this most disagreeable duty, till the last moment ; but the claims of the army upon me, an applica- tion of a number of well affected inhabitants, concurring with my own opinion, obliged me to enter upon it while time and circumstances would admit. I have ordered a very strict attention to be paid to the necessities of the gen- tlemen apprehended, and to their comfortable accommoda- tion in every respect, both here and at the place of their destination. I have also wrote to the committee of Queens county, that this step is not to be construed as making their property liable to any injury, or appropriation, unless they should receive directions from your Honourable Body, to whom I have referred them, on this subject. Being re- solved in all cases when the most absolute necessity does not require it, to confine myself wholly to that line which will exclude every idea of interfering with the authority of the State. " Some of those gentlemen have expressed doubts and raised difficulties, from engagements they lay under to your Honourable Body, or some committees. They do not appear to me to deserve much attention, as they can not, with any propriety, be charged with a breach of any part 570 JOURNAL OF THE PROVINCIAL CONVENTION. under their present circumstances ; but I beg leave to sub- mit to your consideration the propriety of removing the pretence. " I am, gentlemen, " With great respect and regard, " Your mo. obt, and very lible. servt. "GO. WASHINGTON. " To the Convention of the State of New-York." The Convention having taken the said letter into consi- deration, came to the following determination, that is to say : Whereas certain members of the Convention, by au- thority from the same, did lake the parol of sundry persons, inhabitants of this State : And whereas His Excellency Genl. Washington hath since found it necessary to cause some of the said persons to be made prisoners : There- fore, Resolved unanimously, That the said several parols be, and they hereby are, declared totally void, as to any obli- gations thereby laid upon those who have been, since the giving of the said parol, made prisoners as aforesaid. Ordered, That a certified copy of the preceding resolu- tion be enclosed to His Excellency Genl. Washington. A letter from Brigadier-Genl. Scott to the Convention, was read and filed. He therein submits to their determi- nation, whether it might not be the most politic, consider- ing Willett Taylor's connection with a large family of well- attached, warm whigs, to accept of such security as he offers, to wit, his voluntary oath that he will not directly or indirectly injure the American cause, or communicate any intelligence to the enemy, and a security in a heavy penal- ty from himself and John Bogert. Thereupon, Resolved, That Genl. Scott be empowered, with the permission of His Excellency Genl. Washington, to dis- pose of Willet Taylor, Esqr. within this State. A draft of a letter to His Excellency Genl. Washington, was read and approved, and is in the words following, vizt: " Tuesday, A. M. Jlugt- 13fA, J 776. " Sir — I am directed by the Convention to return their thanks to your Excellency for the attention you have paid to the removal of suspicious and dangerous persons from the environs of the city of New-York. Deeply sensible with your Excellency, of the importance and necessity of this measure, the Convention had entered into a resolution for that purpose previous to their arrival at this place ; but the difficulty of preparing proper lists, the danger of giving the alarm to some by the apprehension of others, and the dilatoriness of proceedings inseparable from a large body, together with the great urgency of our other public affairs, delayed the completion of this business, until your Excel- lency had taken it under your immediate cognizance. " The delicate state of the present juncture, did, in the opinion of this Convention, from the nature of the case, fully vest your Excellency with all the civil power neces- sary for the immediate safely of the army under your com- mand, and consequently of the American cause ; and con- sidering the great divisions which have prevailed among the inhabitants of the State, of New-York, by sparing this House that disagreeable task, you have conferred upon them a considerable obligation. " The Convention, sir, are at a loss to conceive on what foundation those gentlemen who had given their parols to a committee of this House, could assume the opinion that any dangers would, after their caption, result from it, since evidently the parol is by that effectually destroyed ; but as doubts may remain in their minds, a resolution is en- closed to your Excellency, which, when you shall have made it known to them, must certainly obliterate all their scruples. "I am further directed to inform your Excellency, that the intelligence with which you have honoured them from the northern department, fully convinces them of the pro- priety of preserving as much force as possible in the upper counties ; at the same time, we hope that the assistance given to us by the neighbouring States, will be effectual to defeat the designs of our foes in this quarter. " General Clinton will give your Excellency full infor- mation with respect to the troops under his command, se- ven hundred of which are now at the fort to the northward of King's Bridge, and more of them would have been there, if the essential service of depriving the enemy of water, did not demand considerable detachments along the banks of Hudson's river. " The Convention are very happy that your Excellency hath attributed to its proper cau>e the omission of a signa- ture to the letter which we had the honour of writing to you on the 9th inst. ; the fault lay with the Secretaries, who in a great hurry of business, neglected the presenting of it to the President, for which we must pray your Excel- lency's excuse. " I am further directed to enclose you the copy of a let- ter from Genl. Scott, with relation to one of the prisoners who hath lately been taken by your order, and the copy of our resolution upon that subject. " I have the honour to be, " With the greatest respect, " Your Excellency's mo. obt. and very hble. servt. " By order. " His Excellency Genl. Washington, &c." Ordered, That a copy of the said letter be engrossed, and signed by the President, and transmitted. A letter from Col. Blauvelt, of the south side of the mountains in Orange county, mentioning the exposed situa- tion of that part of the county, and requesting aid, was re- ceived and read. Thereupon, Genl. George Clinton informed the Conven- tion, in substance, that there are at King's Bridge, and from thence to Croton river, 14 companies, consisting of about 700 men, officers included, besides some of the Westches- ter militia ; that he has been informed and believes, that the men of war are scarce of water, having no more than a supply for ten days ; that it is therefore necessary to keep vigilant and numerous guards so as to prevent their obtaining a supply of fresh water ; that he has left about 300 men, besides a few of the new Continental troops rais- ed in this State, on and along the shores near Tappan, 300 to guard the eastern shore, and near 200 at Peekskill, but the last mostly unarmed ; that he expects his brigade will consist of about 1,700 men; that he finds he can ex- pect but few men from Westchester county ; that he has ordered in the troops of horse from Kingston and Blooming Grove, and directed Col. Cooper to order one of those troops to King's Bridge, as soon as they arrive at Tappan. Genl. Clinton also requested to be informed how his brigade will be supplied with ammunition, tents and pro- visions. General Clinton was then informed of the resolutions of this Convention of the 10th inst. appointing commissa- ries, &c. and that ammunition shall be sent to him. Ordered, That Mr. Outwater inform Colo. Blauvelt of the measures taken by Genl. Clinton for the security of Orange county. Major Lawrence informed the Convention that the letter from Govr. Tryon to Willet, the sheriff of Queens coun- ty, was conveyed through the hands of Colo. Martin ; and that the inhabitants of Queens are [willing] that Colo. Martin and his son, Dr Martin, should lie apprehended. Richard Norwood, Commissary of arms, &c. for this Stale, made return of the stores in his custody, which was read Thereupon, Ordered, That Mr. Richd. Norwood, Commissary, de- liver so many of the arms fit for use now in his store, or which he may first obtain, to Capt James Stewart as will be sufficient to arm the men enlisted in his company. The Convention were informed that one Burga is wrought here a prisoner from Long island. JOURNAL OF THE PROVINCIAL CONVENTION. 571 Ordered, That Mr. Landon and Judge Graham be a committee to take his examination, and report the same. Resolved, That the President of this Convenlion, with so many of the members as may be able to assemble, im- mediately be and they hereby are empowered, in case of urgent necessity, to cause the treasury and public papers of this State to be removed to such place of safety as they may think proper. Die Martis, 5 ho. P. M. August 13th, 1776. The Convention met pursuant to adjournment. Present — Abm. Yates, Junr. Esqr. Prest. pro tern. Mr. Roosevelt, Mr. Bancker, Mr. Beekman, Major Abeel, Colo. Broome, Capt. Denning — New-York. Mr. Sacket, Mr. H. Schenk, Mr. Landon — Dutches. Mr. Abm. Yates, Mr. Bleecker, Mr. Adgate, Col. Livingston — Al- bany. Mr. Haviland, Major Lockwood, Mr. Morris — Westchester. Mr. Smith, Mr. Tredwell, Mr. Hobart absent by order — Suffolk. Mr. Smith — Orange. Mr. Harper, Mr. Newkirk — Tryon. Mr. Contine, Mr. Wisner, Junr. — Ulster. Col. Blackwell, Major Lawrence — Queens. Col. Marsh, Mr. Stephens — Cumberland. The House resumed the consideration of the report of the committee appointed to form a plan for the emission of bills of credit to the amount of £200,000, agreeable to the resolution of the Convention. The same being again read by paragraphs and amended, was unanimously agreed to. Thereupon, Resolved, That bills of credit to the said amount of two hundred thousand pounds, or 500,000 dollars, be im- mediately printed, and of the following denominations, vizt : 20,000 bills of 10 dollars each, $200,000 20,000 " 5 " 100,000 20,000 " 3 " 60,000 20,000 " 2 " 40,000 105.866 " 1-2 " 52,933 105.867 " 1-4 " 26,466 3-4 105.867 " 1-8 « 13,233 1-2 105.868 " 1-16 " 6,616 3-4 6,000 " 1-8 " emitted extraordinary in the last emission, 750 $500,000 On the face of each of the said bills shall be impressed the arms of the city of New- York, and underneath, the words, " 'tis death to counterfeit ;" with the same devices of those of a like denomination of the last bills emitted by the Congress of this Colony ; And Resolved, That the plates now in possession of this Convention, corresponding with the above respective de- nominations of bills, be altered so far only as to make them agree with the style of this State ; and the said bills shall be in form following : " This bill shall pass current in all payments in this State for Spanish milled dollars, or the value thereof in gold or silver, according to the resolution of the Con- venlion of New-York, on the 13th day of Augt. 1776." Excepting those of the denominaton of \ dollar, which shall be in form following : " This bill shall pass current in all payments in this State for two shillings, being equal to one-fourth of a Spanish milled dollar, or the value thereof in gold or sil- ver, according to the resolution of the Convention of New- York, on the 13ih day of August, 1776." Also excepting those of |- of a dollar, which shall be in the words following : " This bill shall pass current in all payments in this State for one shilling, being equal to the one-eighth of a Spanish milled dollar, or the value thereof in gold or sil- ver, according to the resolution of the Convention of New- York, on the 13lh day of August, 1776." Also excepting those of T V of a dollar, which shall be in form following : " This bill shall pass current in all payments in this State for six pence, being equal to one-sixteenth of a Spanish milled dollar, or the value thereof in gold or sil- ver, according to the resolution of the Convention of New- York, on the 13ih day of Augt. 1776." And that on the face of the bills of the last mentioned denomination of the one-sixteenth of a dollar, be im- pressed the arms of the city of New-York, and under- neath the words, " 'tis death to counterfeit," together with such other devices as Isaac Roosevelt, Esqr. hereby ap- pointed for that purpose, shall direct. That all the said bills shall be numbered by and signed by any two of them, the said signers respectively, to be delivered by them to the said Isaac Roosevelt, and to be by him delivered to the Treasurer of this State, as soon as finished. Resolved, That the said Isaac Roosevelt be and he is hereby directed and requested upon the delivery of the said bills to him by the printer of the same, to cause to be administered to him by the President of this Conven- tion, the following oath : " I, A. B. do solemnly swear by the Holy Evangelists of Almighty God, that from the time that the letters were set and fit to be put in the press for printing the bills of credit now by me delivered to you, until the bills were printed and the letters afterwards distributed into the boxes, I went at no time out of the room in which the said letters were, without locking them up so that they could not be come at without violence or a false key, or other act unknown to me, and therefore to the best of my knowledge, no copies were printed off but in my presence ; and that all the blotters and other pa- pers whatsoever, impressed by the said letters whilst set for printing the said bills, to the best of my knowledge, are here delivered to you, together with the stamps ; and in all things relating to this affair, I have demeaned my- self honestly and faithfully to the best of my knowledge and understanding, so help me God." Resolved, That such person as the said Isaac Roose- velt shall agree with to alter and engrave the said plates, shall take the following oath : " I, A. B. do solemnly swear by the Almighty God, that I have not engraved or altered more plates than I delivered to Isaac Roosevelt as directed by this Convention of New-York, of the like kind or in imitation of the same ; neither have I kept a copy or copies, draft or drafts of the said plates, neither will I engrave more of the like kind without the order of the Convention of the Representatives of this Slate;" and shall deliver them to the said Isaac Roosevelt, who shall deliver them unto Samuel Loudon, printer, or such other printer as shall be directed by this Convention, and take liis receipt for the same ; and when the said Samuel Lou- don or such other printer as shall be employed, has com- pleted and finished the printing the quantity and sorts of bills hereby directed to be struck, he shall redeliver the said stamps to the said I. Roosevelt, which shall be seal- ed with the several seals of the said Isaac Roosevelt, and the President of the Convention of this State, and deposit- ed in the office of the Secretary of this Convention, until the further order of this or some future Convention or Le- gislature of this State. The receipt of the said Isaac Roosevelt to the said Samuel Loudon, or such other printer, shall be a sufficient voucher for such delivery. Resolved, That the public faith of this State be pledged for the redemption of the said bills of credit, and that this Convenlion, or some future Legislature of this State, will make effectual provision for that purpose. Resolved, That if any of the inhabitants of this State shall, after ihe first day of Novr. next, within or without this State, or any person whatsoever shall within this State, after the said 1st of Novr. forge or counterfeit any of the bills of credit issued by the Continental Congress, 572 JOURNAL OF THE PROVINCIAL CONVENTION. by the Assembly or Convention of any of the United States, or alter the sum expressed in any of the said bills of credit ; or shall offer, or cause to be offered in payment, any such counterfeit, forged or altered bill of credit, know- ing the same to be counterfeit, forged or altered, and shall be thereof convicted by a petit jury, after a presentment by a grand jury, in a court to be erected in this Slate by this Convention, or any future Legislature, or shall stand mute, or peremptorily challenge above the number of 20 of the panel, shall suffer DEATH as a felon. Resolved, That the said Isaac Roosevelt be and he is hereby authorized and desired to apply to and contract with proper persons to sign the said bills of credit, and to report their names to this Convention, to be inserted in the bill or resolution now before this Convention for issuing such bills of credit. Colo. Livingston, from the committee appointed for that purpose, delivered in their report relative to the exemption of certain artificers and manufacturers in this State from military duty, which was read, and deferred for further con- sideration. Air. Wisner, appointed to inquire into the state and quantity of military stores in the city, belonging to this State, and of a proper place of safety to which they may be sent, made his report. Ordered, To remain till further inquiry may be made. Mr. Landon, according to order, reported the examina- tion of Burga, taken by Judge Graham and himself, where- in the examinant states, that Capt. Saml. Hallet, of Queens county, his son Joseph Hallet, John Greenock, Junr. Saml. Ryder, and a negro of Capt. Hallet, went on the 9th from the mill of Mr. Vandeveere to Barren island, in Jamaica Bay, and from thence to the British on Staten island, where they yet remain, was read and filed. Whereas, certain members of this Convention, by au- thority from the same, did take the parol of sundry persons, inhabitants of this State: And whereas, His Excellency Genl. Washington has since found it necessary to cause some of the said persons to be made prisoners : There- fore, Resolved unanimously, That the said several parols be, and they hereby are, declared totally void as to any obliga- tions thereby laid upon those who have been, since the giving the said parol, made prisoners as aforesaid. DIE MERCURII, 9 ho. a. m. August \ " Harlem, Augt. lWi, 1776. ) " Gentlemen — You will perceive by the enclosed re- solutions that the prisoners residing among you are to be sent to Morris county. With regard to the difference of construction to that part of their parols which respects the latitude intended to be given them therein, the Convention give it as their opinion, that the prisoners are entitled to the privilege of passing and repassing within 6 miles in every direction from your court house, which I am directed to request you to communicate to the prisoners, and also to transmit a copy of this letter with the other papers to the committee of Morris county. " I am, gentlemen, " Your very humble servt. " By order. " The Chairman and Members of the Committee of Kingston, Ulster county." Whereas it is of the utmost consequence to the safety of the city of New- York, and the security of the Continen- tal army now on Long island, that the communication between that city and island should not be obstructed by the enemy's ships : Resolved, That Capt. Rutgers and Patrick Dennis, be requested and empowered by this Convention, to stop up the channel between the grand battery and Governor's island in case they shall deem the same practicable, and that this Convention will defray all the charges incident to the execution of this design. Resolved, That Genl. Morris be empowered to pur- chase a sloop belonging to Jesse Hunt at New-Rochell, and to order the same to be delivered immediately to the above named gentleman at New-York, loaded with stone. A draft of a letter to General Washington to enclose the above resolution, was read and approved, and is in the words following, to wit : " Harlem, Augt. Ylth, 1776. " Sir — Mr. Denning hath made the Convention ac- quainted with your Excellency's sentiments upon obstruct- ing the navigation of the East River, between the grand battery and Governor's island. We now take the liberty of enclosing the copy of our resolution for that purpose, which, together with this letter, will be handed to your Excellency by the gentlemen of the committee, to whom we make no doubt, sir, that you will afford every assistance in your power. " I have the honour to be, &c." Ordered, That Capt. James Stewart with such part of 145 his company as is already enlisted, join Col. Malcom's re- giment, as a part thereof, until farther order ; and that Col. Malcom be requested to exert his usual care and diligence, in having that company properly provided and trained in the military art. The petition of several inhabitants of Queens county, re- specting the release of Doctor David Brooks, was read. Thereupon, Resolved, That the said petition be referred to His Ex- cellency Genl. Washington, in consequence of whose or- ders the said David Brooks was apprehended. Ordered, That Major Lawrence and Mr. Jas. Townsend wait upon His Excellency with the said petition. Ordered, That Reuben Weed be first lieutenant of Capt. Danie's company. An account of John Dunlap, against the secret commit- tee, and the committee for trying disaffected persons, and those of equivocal characters, &c. as their door-keeper, from 19th June to the 19th August was read and examined, in which he states his whole account £24 8s. Od. And credits, By cash of John McKesson, £2 16s. Od. " " 6 0 0 " A. Depeyster,.. 4 16 0 13 12 0 Balance due, £10 16s. Od. Ordered, That the said account of John Dunlap be de- livered to the Auditor-General, to audit the same to this 17th day of August only, and that the said John Dunlap be, and he is hereby, discharged from the service of the said committee and of this Convention. Ordered, That Mr. Wm. Smith, Mr. Harper and Mr. Tredwell, Mr. Adgate, Mr. Sacket, Mr. Stevens and Mr. Conline, or any five of them, be a Committee of Safety, for this State, from the adjournment of this Convention on this day, until their next meeting ; that every member who shall attend have a vote, or voice, and that the said Com- mittee be, and are hereby, empowered to take such mea- sures, and exercise such powers, during that time, as shall appear to them necessary for the safety of the State. The report of John McDonald, of the progress he had made in opening the lead mine at Nine Partners, in Dutches county, and the accounts and papers accompany- ing the same, were read. Ordered, That the above Committee of Safety take in- to consideration the accounts and other papers delivered in by Mr. John McDonald, and that they report on Monday morning. Mr. Hobart and Mr. Duer, a committee to consider the case of Lieut. Bleecker, and others in like circumstances. Mr. Harper to be furnished with £25, on account of Tryon county, on his receipt on behalf of Tryon county, the county to be accountable for the same. Resolved, That Peter Van B. Livingston, Esqr. as Treasurer of this Convention advance to Wm. Harper, Esqr. a Member of this Convention, for the county of Try- on, the sum of £25, and that the said sum be charged to the said Wm. Harper and the said county, to be repaid to the said Treasurer by the said William Harper, or the said county, when either shall be thereunto required. Ordered, That the papers belonging to Isaac Kelcham, now in the hands of the Secretary of this Convention, be delivered to the said Isaac Ketcham, and that Capt. Jere- miah Wool be, and he is hereby, directed to obtain and transmit to this Convention, with all convenient speed, the whole expense which has occurred by apprehending, secur- ing and keeping and maintaining Israel Youngs, Isaac Youngs, Philip Youngs, Isaac Ketcham and Henry Daw- kins, and the summoning witnesses against them, render- ing the said accounts as particular as possible. That Capt. Wool therewith transmit an account of the moneys by him taken, or received, from the said Isaac Ketcham, and JOURNAL OF THE PROVINCIAL CONVENTION. 578 what disposition has been made thereof, together with any part of such money as remains in his hands. A letter from His Excellency Genl. Washington recom- mending the removal of the women and children from New- York, was received and read, and is in the words follow- ing, to wit : " Gentlemen — When I consider that the city of New- York will, in all human probability, very soon be the scene of a bloody conflict, I can not but view the great numbers of women and children, and infirm persons, re- maining in it, with the most melancholy concern. When the men of war passed up the river, the shrieks and cries of those poor creatures, running every way with their children, was truly distressing, and I fear will have an un- happy effect on the ears and minds of our young and in- experienced soldiery. Can no method be devised for their removal. Many doubtless are of ability to remove them- selves, but there are others in a different situation. Some provision for them afterwards, would also be a necessary consideration. " It would relieve me from great anxiety, if your Ho- nourable Body would immediately deliberate upon it, and form, and execute some plan for their removal and relief, in which I will cooperate and assist to the utmost of my power. In the meantime, I have thought it proper to re- commend to persons under the above description to convey themselves without delay to some place of safety, with their most valuable effects. " I have the honr. to be, " With much regard, gentlemen, " Your mo. obt. and very humble servt. " GO. WASHINGTON. "Head-Quarters, New-Yurlc, Augt. 17th, 1776." The same being read and considered, Resolved, That the women, children and infirm per- sons in the city of New-York be immediately removed from the said city, agreeable to General Washington's re- quest of this House in his letter of this date. Resolved, That Colo. Lott, Mr. James Beekman, Mr. Berrien, chairman of the committee of the city and county of New-York, and Mr. John Campbell, a member of the said committee, be empowered to remove such persons to such place or places in this State as they shall think pro- per ; and that this Convention will pay the expense in- curred by such removal and maintenance of such persons as the said committee shall think in such indigent circum- stances as not to be able to remove and subsist them- selves. Resolved, That the general committee of New- York be earnestly requested to give all possible assistance to the above gentlemen in carrying into execution the above re- solutions in the most humane and expeditious manner possible. Ordered, That Peter Van B. Livingston, Esqr. as Treasurer of this Convention, advance to Colo. Lott and Mr. James Beekman, or either of them, the sum of £200 to enable them to carry into execution certain resolves of this Convention, of this day, for removing the women and children and infirm persons out of the city of New- York, and take a receipt to account for the same. Resolved unanimously, That the committee appointed this day for the removal of the women, children and in- firm persons from the city of New-York, do immediately report to this Convention the names of all such indigent and infirm persons whom they think entitled to the chari- table exertions of this State, together with the number of each family, the maladies under which they may labour, and the place or places to which they are removed ; to the end that this Convention may discharge the duty of faithful guardians of the public interest and happiness by relieving the complaints of the infirm and the wants of the indigent in the most humane and economical manner pos- sible. A draft of a letter to His Excellency Genl. Washing- ton, communicating the preceding resolution, was read and approved, and is as follows, to wit : " Sir — I am directed to inform your Excellency, that immediately upon the receipt of your favour of this morn- ing respecting the women, children and infirm persons re- maining in the city of New-York, the Convention ap- pointed a committee for the purpose of removing and pro- viding for such persons. " I enclose a copy of the resolves for that purpose, and hope you will soon be relieved from the anxiety which their continuance in town has occasioned ; and have the honour to be with very great respect, " Your mo. obt. hble. servant, " By order. " Harlem, Ylth August, 1776. " Genl. Washington." A letter from his Excellency General George Washing- ton, in answer to the letter respecting the obstructing the navigation of the East river, was received and read, and is in the words following, that is to say : " New-York, August 18th, 1776. " Gentlemen — I have been honoured with your letter of the 17th, with the resolution of your Honourable Body for obstructing the channel betwixt the grand battery and Nuttin island. " Having gone into a considerable expense for stopping that of the North river, and such as I am not certain I shall be justified in, and the obstructions there being far from complete, it will not be in my power to engage in the business you propose, or undertake to advance any part of the money which will be necessarily expended in the execution. At the same lime, give me leave to assure you, gentlemen, that I shall most readily afford you such assistance as may be derived from the labour of the troops here that can be spared from other service to facilitate the design, which will be of great importance if it can be executed. " I have been also honoured with your favour and reso- lution of the same date, and am exceedingly obliged by the ready attention you have paid to my recommendation for the removal of the women and children and infirm per- sons from this city. " I have the honour to be, " With the greatest respect, gentlemen, " Your most hble. servt. " GO. WASHINGTON." JOURNAL OF THE COMMITTEE OF SAFETY. DIE LUNiE, 9 ho. a. m. Augt. 19th, 1776. The Committee of Safety met. Present— William Smith, Esqr. Chairman. Mr. Thomas Tredwell, Mr. Duer, Mr. Adgate, Mr. Harper, Mr. Josa. Smith, Mr. Sackett, Mr. Stevens, Colo. Marsh, Mr. Bleecker, Mr. Yates, Mr. Robt. Harper, Mr. Van Zandt, Mr. Sands. Capt. Woodhull, of the Orange county troop, appeared in the Committee for a line to Genl. Clinton, signifying their approbation of discharging that troop. Thereupon a draft of a letter to Genl. Clinton was read and approved of, and is in the words following, to wit : " Sir — Application has been made to us, as a Commit- tee of the Convention in their adjournment from Saturday last, by Capt. Woodhull, of the Orange troop, with your permission, as he says, to request a dismission from pre- sent service at Hudson's river. If you should be of opinion, that they may return home consistent with the public safety, you will no doubt give them permission, as it will certainly be a benefit both to them and the State, if they can be allowed to give some attention to their farms even for a short time. " This matter we however submit entirely to your judg- ment, as you can form the best opinion what men you can relieve from duty, and at what time their services may be dispensed with. " We are, &c. ■ To Genl. Clinton." The case of Capt. John Wisner, stated, is as follows, to wit : That he had enlisted about 20 riflemen in Orange county, and about 20 at Susquehanna; that the men in Orange county, through means of the committee, have enlisted in the militia ; that he has been ordered by the field officers of the militia of Orange county, with a lieutenant, to raise 38 men of the militia for the present service ; that he has enlisted upwards of 40 men ; that by a letter from H. Wis- ner, Esqr. he has permission to fill up that company, but that without part of the bounty, he cannot supply his men with arms. Ordered, That Mr. Sacket and Mr. Tredwell be a com- mittee to report thereon with all convenient speed. The Committee took into consideration accounts and papers of John McDonald, presented on Saturday last ; and Resolved, That it is the opinion of this Committee that John McDonald, miner, should be authorized to prosecute the exploring the lead mine in the Great Nine Partners of Ezra Thomson, Esqr. till further order from this Conven- tion or a future Legislature of this State, on the same con- dition he was before employed to work in said mine, and that he report his proceedings monthly to the Convention or Legislature of this State. The Committee took into consideration the apparent ad- vantage to the safety of this State, to have the obstructions of the navigation of Hudson's river fully completed. Resolved, That Mr. Duer be and is hereby authorized and requested immediately to consult with His Excellency Genl. Washington on the subject of aiding him to obstruct the navigation of Hudson's river opposite to Mount Wa- shington ; and if the General shall approve of the measure, that he be authorized to cooperate with His Excellency, and pursue such measures as may be necessary for that purpose ; and if Mr. Duer think it necessary, he may de- spatch S. Dyckman, the messenger, to any place where he shall think proper. A letter from General Morris, dated yesterday at New- Rochell, was read. He signifies his opinion that it would be most prudent to discharge the militia of his brigade at present, with orders to hold themselves in readiness to march on the first notice. Ordered, That Mr. Josa. Smith inquire of His Excel- lency Genl. Washington, whether the discharge of that brigade at present will interfere with any plan which he has laid, or directions which he may have given for the defence of that part of the county ; and if their discharge will not interfere with such plan or direction, that they be dis- charged. JOURNAL OF THE PROVINCIAL CONVENTION. TUESDAY AFTERNOON, Augt. 20th, 1776. The Convention met pursuant to adjournment. Present — Abm. Yates, Junr. Esqr. Prest. pro tern. Col. Broome, Mr. Dunscomb, Mr. Bancker, Mr. Jay, Mr. Roose- velt, (the last two absent on duty,) — New-York. Mr. Sacket, Mr. Schenk, Mr. Landon — Dutches. Mr. A. Yates. Mr. Bleecker, Mr. Adgate — Albany. Mr. Sands, Mr. J. Townsend, Major Lawrence, Col. Blackwell, Mr. Sam. Townsend— Queens. Mr. Smith, Mr. Hobart, Mr. Tredwell— Suffolk. Genl. Morris— Westchester. Mr. Duer — Charlotte. Mr. Polhemds — Kings. Colo. Dewitt, Mr. Contine, Col. Pawling — Ulster. Col. Marsh, Mr. Stephens— Cumberland. Mr. Newkirk — Tryon. Resolved, That Dr. John Cregier be authorized to act as surgeon to Col. Levy Pawling's regiment in Genl. Clin- ton's brigade, until another surgeon shall be appointed to said regiment by this Convention. Colo. Jacobus Swartwout attending, was admitted. He brought in the muster rolls of ten companies of his regi- ment now in service near King's Bridge, in Genl. Clinton's brigade. The said ten muster rolls were annexed together under seal in the Convention. Thereupon, the said Jaco- bus Swartwout, Esqr. being duly sworn on the Holy Evan- gelists, did depose and swear, that he hath, according to the best of his knowledge, truly mustered the ten compa- nies now in service under his command as colonel ; that the said ten muster rolls contain the names and rank, of the officers, non-commissioned officers and privates of the said regiment, as the different companies appeared at the time of mustering each company respectively ; and that the said regiment is near King's Bridge, as a part of Genl. Clin- ton's brigade. Col. Swartwout's affidavit is endorsed on the back of the said muster rolls, subscribed by himself and by Abm. Yates, Junr. Esqr. President pro tempore. Resolved, That Colo. Josiah Smith be and he is hereby authorized to provide a surgeon for his regiment, and to procure a hospital for the reception of the sick. A letter from William Miller, deputy chairman of the 146 committee of safety for Westchester county, dated Augt. 17th, 1776, concerning some prisoners of war brought from Bedford to the White Plains, and tories lately con- fined in their jail, was read ; and also a letter from said prisoners requesting subsistence money. Whereupon, Resolved, That John McKesson and Robert Benson be the commissaries in this State to dispose of and provide for all prisoners of war within the same, agreeable to the resolutions of the Honourable the Continental Congress, of 21st May last, in that case made and provided; and also to dispose of and provide for such other prisoners within this State as may from time to time be committed to their care ; that the said commissaries do keep a re- gular account or journal of their transactions and disburse- ments ; and that this Convention will make them the said commissaries a reasonable compensation for their trouble and services in that department. A letter from Jonathan G. Tompkins, dated Augt. 18th, 1776, relating to Josiah and Isaac Brown, imprisoned at White Plains, was received and read. The petition of 15 prisoners confined in the jail at White Plains, presented by Mr. Miller, deputy chairman of Westchester county, wherein they represent that they are confined as persons dangerous to the safety of the State, and being desirous of being enlarged, they are willing to bind themselves either to aid in repelling the enemies of the State when necessary, or surrender themselves into the custody of any jailor as this or any future Convention or Legislature may direct, was read. Whereupon Mr. Miller was called in and examined as to the said 1 5 prisoners, and testified in regard to them respectively, as follows, vizt : " Joshua Purdy — has never been friendly to the Ameri- can cause, is a man of influence and towards whom lenity would be advisable. " Gabriel Purdy — has acted unfriendly to the cause of America. " Caleb Morgan — he does not know, but has heard he is a tory. " Of Wm. Barker, John McCord, John Baily, Bartw. Haynes and Joseph Purdy — he knows nothing favourable. " Gilbert Horton is a man of no influence. " Isaac Brown has been neutral. Josiah Browne says 582 JOURNAL OF THE PROVINCIAL CONVENTION. he will join in the defence of the States, and has general- ly understood that he was a whig. Edmond Ward he don't know. Samuel Merrit has been active against, and Jonathan Purdy has been publicly inciting others to act against us. And as to Philip Fowler, he is reputed a bad man." Which information being considered, the question was put, shall any of the prisoners be released ? and pass- ed in the negative in manner following, that is to say : For the negative. For the affirmative. Ulster, 4 Westchester, 4 Charlotte, 2 Queens, 4 Albany, 6 — New-York, 8 8 Cumberland, 2 Suffolk, only two members, — no vote. 22 Resolved, That the committee of safety of Westches- ter county be empowered, if they shall think, it consistent with the safety or conducive to the advantage of the State, to release Joshua Purdy, Isaac Brown and Josiah Brown. The credentials of Kings county was again taken into consideration and read, and the further consideration there- of deferred till the morning. DIE MERCURII, 9 ho. a. m. Augt. 21s*, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. Prest. pro. tern. Col. Broome, Mr. Dunscomb, Mr. Bancker, Major Van Zandt— New- York. Mr. Sacket, Mr. Schenk — Dutchess. Mr. Duer— Charlotte. Mr. Abm. Yates, Mr. Adgate, Mr. Bleecker — ilbany. Col. Dewit, Mr. Contine — Ulster. Colo. Marsh — Cumberland. Mr. W. Smith, Mr. Tredwell, Mr. Hobart— Suffolk. Dr. Outwater, Mr. Jo. Smith— Orange. Mr. Newkirk — Tryon. Judge Graham, Mr. Morris, Genl. Morris, Mr. Haviland— Westches- ter. Mr. Jas. Townsend — Queens. Mr. Tredwell informed the Convention that Capt. John Wisner of Orange county, appointed to command a com- pany of the militia of that county ordered into actual ser- vice, has been and now is attending for money to discharge the bounty of his men, in order to enable them to purchase arms. Ordered, That Peter Van B. Livingston, Esqr. as Trea- surer, advance to Capt. John Wisner, $580, to enable him to pay one-half of the bounty to the non-commissioned officers and privates of his company, as part of the militia of Orange county, raised or to be raised agreeable to the resolutions of this Convention of the day of July last. Capt. Wisner to be accountable to this Convention or their order, and to the colonel of the regiment to which he be- longs, for the disposition of that money. And whereas the colonel of the regiment to which Capt. Wisner belongs, is at present on duty in Genl. Clin- ton's brigade : , Ordered, That Col. Allison and Colo. Hawthorne, or either of them, be, and are hereby appointed, authorized and requested to muster the men of Capt. Wisner's com- pany previous to their receiving one-half of their bounty. The credentials of the member from King's county were read and considered, and the question put whether the said credentials are sufficient, which was decided unanimously in the negative. Whereas it appears by the credentials produced from Kings county to this Convention, that the election for Re- presentatives in Convention, was not held at the time mentioned in the resolution of the late Congress for hold- ing such election, nor in conformity to the said resolutions : Resolved, therefore, That the said election was unlaw- ful, and all and singular the matters and things thereby transcribed, merely void. Whereas it is just and necessary that all the inhabitants of this State should be represented in this Convention at this very important crisis, when matters of the greatest moment to the present generation, and to all posterity, are more immediately in agitation : And whereas by reason of the irregularity of holding the election in Kings county, and of sundry defects in the credentials of the Representa- tives by the said county chosen, the said Representatives could not be received into this Convention : Resolved, therefore, That the committee of the said county be required to hold an election according to the true intent and meaning of the resolutions of the 31st day of May last, on Saturday next the 24th inst. Resolved further, That the committee of Kings county be informed that the credentials by them made and deli- vered to this Convention, bearing date the 19thinst. is ma- terially defective, in that it does not appear from the said credentials whether any or what powers are given to the Representatives therein named, when, in fact, the said Re- presentatives ought to be expressly authorized to assist in framing and establishing a new form of government, and consequently of agreeing on the part of their constituents to the general independency of America. Ordered, That the aforegoing resolves be immediately transmitted to the committee of Kings county. The committee to whom was referred the papers pre- sented by John McDonald, on the subject of the lead mine in Dutches county, reported ; which being considered was recommitted to the same committee, with the addition of Mr. Landon. The committee to whom the report on the papers of John McDonald was recommitted, reported the following resolution, which was agreed to : Resolved and Ordered, That the Treasurer of this State do advance to John McDonald, miner, the sum of £6, to enable him to advance to Donald Morrison 12s. a week for the term of ten weeks, unless the said Donald Morrison shall sooner be able to labour ; that the said Donald Mor- rison do repay the money so lent to him either in money or labour, to the said McDonald; and the said John Mc- Donald to be accountable to this Convention for the said sum of £6, provided the said Donald Morrison does not decease before he shall be able, by his labour, to earn or pay the whole, or any part of that money; in which case, the said John McDonald shall be liable to refund so much only of the said money as the said Donald Morrison has, or might have, earned by his labour. Mr. Duer moved a resolution as to the prisoners in Westchester. After many debates Mr. Jay moved for the previous question, which was carried. Thereupon, Resolved, That Mr. Jay, Mr. Morris and Mr. Duer be a committee to report upon the mode of confining, securing or otherwise disposing of the prisoners now taken up and confined in the jail of Westchester, by order of this Con- vention. On motion of Mr. Duer, Ordered, That Col. Curtenius, as Commissary of this State, be oredered to pay to Colo. Wm. Malcom, or his order, the sum of £60 5s. Od. being the purchase money of 16 muskets and 5 bayonets disbursed by Capt. Jonathan Blake for the use of his company in Colo. Malcom's bat- talion, and the said Colo. Malcom do on the receipt of this money, give a receipt to Colo. Curtenius for 16 muskets, and 5 bayonets, specifying their marks and quality, that the said guns and bayonets may hereafter be paid for, or re- turned to the public store of this State, by the said Colo. Malcom. Whereas, it has been represented to this Convention, that Colo. Josiah Smith's regiment, lately ordered to Genl. Greene's, encampment on Nassau island, are destitute of camp equipage : JOURNAL OF THE PROVINCIAL CONVENTION. 583 Ordered, That Mr. Hubbard and Mr. James Townsend be a committee to inform the Continental quarter-master of the state of that regiment, and to request of him with- out delay to furnish them with proper camp equipage ; and in case the said quarter-master should not be able or wil- ling to afford them the said necessary supplies, that then the said committee take the most speedy and effectual means for obtaining them, and this Convention will defray the ex- pense thereof, and add it to their account against the Gene- ral Congress. Ordered, That the said Colo. Smith be, and he hereby is authorized to appoint an adjutant and quarter-master to his regiment, and that he recommend to this Convention a surgeon for the same, A letter dated the 12lh inst. from Abm. C. Cuyler, John Duncan, Stephen Delancy, John Monier and Benjamin Hilton, prisoners sent and confined in Hartford jail by or- der of the committee of Albany, praying to be released from their disagreeable situation, was read. Also a letter from the said A. C. Cuyler, of the same date, requesting per- mission to return home to visit his sick wife, whom he re- presents as unable to take care of his children and large fa- mily, and in the mean time to settle some of his private af- fairs, was read. Also a letter from Henry Van Schaack, another pri- soner, sent to and confined at Hartford, declaring his inno- cence, and complaining of the injustice of his being trans- ported thither under appearance of guilt, and praying to be suffered to appear before the Convention to be heard, and condemned or acquitted, was also read. A copy of a letter from the said Henry Van Schaack, Andrew and Munro, to the committee of Albany, referred to in the preceding letter, was read. Ordered, That the three letters last mentioned lie on the table for the perusal of the members. By a letter from the committee of New Town, in Queens county, it appears that Capt. Richard Lawrence, com- mander of the troop of horse in said town, has, through in- firmity, lesigned. Thereupon, Ordered, That commissions be immediately sent to Daniel Lawrence, as capt ; Saml. Riker, as first lieut. ; Jo- nathan Lawrence, 2d lieut. ; Thomas Betts, cornet ; pur- suant to the recommendation of said committee. THURSDAY MORNING, August 22d, 1776. The Convention met pursuant to adjournment, and at ring of bell. Present — Abm. Yates, Junr. Esqr. Prest. Mr. Bancker, Col. Broome, Major. Van Zandt, Col. Brasher, Col. Scott on service, Mr. Beekman on service — New-York. Mr. S. Townsend, Mr. Sands, Mr. Jas. Townsend on service — Queens- Mr. A. Yates, Mr. Adgate, Mr. Bleecker — Albany. Mr. Landon, Mr. Sackett, Major Schenk — Dutchess. Mr. Newkirk — Tryon. Mr. Smith, Mr. Tredwell, Mr. Hobart on service — Suffolk. Mr. Haviland, Judge Graham, Genl. Morris — Westchester. Mr. Duer— Charlotte. Col. Dewit, Mr. Contine— Ulster. Dr. Outwater, Mr. Jos. Smith — Orange. Colo. Marsh— Cumberland. A letter from Adjutant-Genl. Read, dated yesterday, en- closing, by the direciion of Genl. Washington, for the pe- rusal and advice of the Convention, a letter from Govr. Martin to the General, dated on board the Sovereign transport, on the 16th inst. wherein he requests that his wife and children, and all or any of his father-in-law's fa- mily, with whom they reside at Rockaway, may be per- mitted to go on board the fleet, and with great confidence expects a favourable answer, with such passports as Gene- ral Washington shall judge expedient to enable him to open an immediate intercourse with his family, and to provide them the necessary facilities for going on board, were re- spectively read. Thereupon a draft of a letter to Col. Read, in answer to his of yesterday, was read and approved, and is in the words following, vizt : " August 22nd, 1776. " Sir — I have laid your letter of the 21st inst. enclosing another from the late Govr. Martin, before the Convention of this State ; the Convention are of opinion, that no great detriment can arise to the public cause in suffering the late Govr. Martin's wife and children to go to Staten island, and therefore cheerfully concur with His Excellency's inclina- tion to grant this indulgence. " With respect to his father-in-law and family, thev do not conceive them entitled to the same favour, unless Lord Howe should be disposed to liberate Mr. Bancker, late a member of this Convention, and at present a prisoner upon his parol at Staten island, together with his family and Dr. Martin, a brother-in-law to it ; particularly as the gentle- man who has made the application is at present a prisoner of this State upon his parol, at Rockaway. I am, there- fore, desired to entreat the favour of you to lay this matter before Genl. Washington, and to entreat the favour of him to propose this exchange to Lord Howe. Should a refu- sal be given to this exchange, the Convention are of opi- nion that none of the family should be permitted to depart, as they may be exchanged hereafter for more valuable citi- zens, whom the fortune of war may deliver into the ene- mey's power. " I am, sir, your very hble. servt. " By order. " To Genl. Reid." The letter or report of Abm. W. Depeyster, Esqr. rela- tive to the disposition of the prisoners in Connecticut, was read, and is in the words following, to wit : " Gentlemen — In obedience to the orders received from the Piesident of the Honourable Convention, I waited upon Govr. Trumbull at Lebanon, to take his directions for the disposition of the 13 prisoners left at Litchfield, when his honour was pleased to order that Gilbert Forbes and Wil- liam Forbes should remain in Litchfield jail, in the custody of Lynde Lord, Esqr. the sheriff of that county ; that D. Mathews, Esqr. should be rewoved from thence to Hart- ford jail, to the care of Williams, Esqr. sheriff of Hartford county ; and that John L. C. Roome, Esqr. Nathl. Gyre, Lazarus Gyre, Jonathan Baker, James Mason, Isaac Young, Israel Young, Thomas Coyne, John Clarke and Thos. Vernon, be committed to the custody of Prosper Whelmore, Esqr. sheriff of the counly of New- London, to be confined in the jail in the town of Norwich, in the said county. "The Governor, at the same time, wrote letters of in- structions to the sheriffs respectively, advising them of the manner in which the prisoners were to be treated. "The one to the sheriff of Hartford county, respecting Mr. Mathews, the Governor informed me, contained a per- mission to let Mr. Mathews walk about the town in the day time, with some person as his guard, who he was to be at the expense of, and who was every evening to see him safe in his lodgings in jail, where I understand he was to have his quarters. "As soon as the Governor dismissed me, I sat out for Litchfield. When I arrived there, I found that the com- mittee of that town, in my absence, had permitted all the prisoners who had been put in close confinement, except Gilbert Forbes, to go at large about the town, as the keep- ing them shut up in jail would have endangered their lives. " The sheriff had taken the two Youngs at his own house. Roome had his quarters in the jailer's apartments adjoining the jail. The others were at work in different places, some in harvest, and others at their respective trades as journeymen. 584 JOURNAL OF THE PROVINCIAL CONVENTION. " Mr. Mathews, during my absence, I understand, had, agreeable to his promise, strictly confined himself to Capt. Seamour's house, in which I had left him. This change in the prisoners' situation from that in which I hey were when I left Litchfield, made the account I brought them of their removal, very unwelcome, and they now, to a man, solicited as much to remain at Litchfield as they had before to be conveyed to some other place. " The mayor was very desirous indeed to remain at Litchfield, and urged as a reason, among many others, for his being left there, that he was not in very affluent cir- cumstances, and he was apprehensive that living at Hart- ford would be very expensive ; that he boarded at Capt. Seamour's at a moderate rate ; that the expense of tra- velling was very high ; that he did not know how long he would remain a prisoner, and therefore he was desi- rous to live at as little expense as possible ; and as the Convention had been pleased to order that he should main- tain himself at his own charge, he thought it not unreason- able that he should have liberty to live where he would be at the least expense ; that Capt. Seamour would be his se- curity, and undertake to keep him safe in his own house. Roome was equally anxious to remain at Litchfield, and offered the same reasons. At length, at the request of Capt. Seamour, and by consent of the committee of that place, I agreed to leave the above two gentlemen in the custody of Capt. Seamour, who engaged to be security for their safe custody, and to see them safe, at their own ex- pense, to the places respectively assigned them by the Go- vernor, in case either the Governor or the Convention, upon their being informed of what I had done, disapproved of their remaining at Litchfield ; for which purpose, I left in Capt. Seamour's hands Mr. Mathews' warrant of com- mitment, together with the above mentioned letter to the sheriff of Hartford, to be delivered by him to the said she- riff in case the mayor should be ordered to Hartford. As the two Youngs were likewise to live at their own expense, the sheriff of Litchfield, at whose house I found them, thought it not amiss that they be also left, especially as they would be immediately under his eye, and kept by him confined within the walls of his house ; unless when he, the sheriff thought proper to let them take a little air in the streets, when he would attend them himself. Upon this, and with the approbation of the committee, I agreed to leave the two Youngs also, upon the same condition as above mentioned, that they repair to Norwich under a guard at their own expense, in case the Governor or Con- vention insisted on their removal, which the sheriff promised me to see performed by them. I however directed Sheriff Lord to take bond from them in the penalty of £500, to be executed by them and their brother Joseph, who was expected at Litchfield the next day, with condition that they repair to Norwich, as aforesaid, as soon as advised thereof; that they in the mean time demean themselves as good subjects of the States ; and lastly, that they strictly con- form themselves to the directions of the said sheriff, as to their behaviour, which bond I prepared before I left Litch- field. As a farther security, I caused the Youngs to de- posite into the hands of the sheriff the money they had with them, which I was told by the sheriff amounted to about £200. Soon after this I set out for Norwich with Nathan Gyre, Lazarus Gyre, James Mason, Jonthn. Baker, Thomas Coyne, John Clarke and Thomas Vernon, under a guard of three men, besides an officer ; but we had not proceeded more than two miles from the town of Litchfield, before I was under a necessity to leave old Gyre upon the road, so very sick that had I conveyed him a mile far- ther, the tolting of the wagon over such rough and stony roads as we had to travel, would inevitably have deprived him of what little life he had left ; the other six I convey- ed safe to Norwich, and delivered into the custody of the sheriff of the county of New- London. Tn my way down to Norwich, I again called on the Governor, and acquaint- ed him with my leaving the mayor, Roome and the two Youngs at Litchfield ; he replied, it was very well ; for his part he had no objections, provided the Convention of this State approved of it. He added, that the jails at Hartford and Norwich were small. Indeed, I found Hartford jail pretty full of prisoners, and Norwich but barely large enough to contain the six I left there. Upon my return again through Lebanon, the Governor made out a new war- rant for old Gyre to be kept in custody of the sheriff of Litchfield, which was delivered to the said sheriff on my arrival there, and he accordingly took charge of him, so very ill however, that its more than probable he is now dead. Before I left Litchfield the last time, I discharged the sheriff's demands against the Convention for the sup- port of the prisoners up to Augt. the 6th, for which I took his jailer's receipt. I have only to add, that the sheriff of New-London begged I would request the Convention of this State to send some money to Norwich for the support of the six prisoners I left with him, as soon as they con- veniently could. " I am, gentlemen, with the utmost respect, " Your mo. obt. and very hble. servt. "A. W. D.PEYSTER. " Harlem, 2\st Augt. 1776. " The Honble. the Convention of the State of New-York." Ordered, That the said report be referred to the same committee to whom was referred the letter of David Ma- thews to his wife, and the letter of the committee of Litch- field. A letter from Andrew Bostwick, dated at Goshen the 15th inst. enclosing a petition to the Convention, praying " for that relief which the tumults and convulsions of the times had hitherto prevented him from getting," was re- ceived, and the petition read. Ordered, That it be referred to the committee appointed for the relief of prisoners imprisoned for debt. The petition of Abel Noble and Peter Townsend, pro- prietors of Sterling Iron Works, praying that 150 work- men employed at their works, may be exempted from serv- ing in the militia, was read. Mr. Outwater, from the committee appointed to confer with Capt. Benson, reported, that Capt. Benson says he has made a thorough search for the articles ordered by the Committee of Safety for fitting out the vessels preparing for Hudson's river ; that he requests to borrow the articles directed to be bought, (out of the Continental store at Poughkeepsie) ; that the sloops will be of no use but in the river, the beams of their decks not being substantial or strong enough to go to sea. Ordered, That the consideration of said report be de- ferred until Mr. John Jay is present. A draft of a letter to His Excellency Genl. Washington, relative to a report that the city of New- York was to be burnt if the troops left it, was read and approved, and is in the words following, that is to say : [Letter not entered on the minutes.] Die Jovis, 8 ho. P. M. Augt. 22nd, 1776. The Convention met on a summons of the members and ring of the bell. Col. Broome, Mr. Bancker, Mr. Jay, Col. Lott, Capt. Rutgers, Capt. Denning, Mr. Roosevelt, (last four on duty) — New-York. Mr. Duer — Charlotte. Mr. Adgate — Albany. Mr. Sackett, Mr. H. Schenk— Dutches. Mr. Outwater, Mr. Jos. Smith — Orange. Mr. W. Smith, Mr. Tredwell, Mr. Hobart— Suffolk. Mr. Sam. Townsend, Mr. Jos. Townsend, Mr. Ben. Sands — Queens. Mr. Contine, Mr. Dewit — Ulster. Mr. Zeb. Mills, Genl. Morris, Mr. Govr. Morris — Westchester. Abraham Yates, Junr. Esqr. being absent, and the Con- vention suddenly and unexpectedly convened, William Smith, Esqr. was chosen President for this evening. Mr. James Townsend and Mr. Hobart delivered a copy JOURNAL OF THE PROVINCIAL CONVENTION. 585 of a letter from Brigadier-Genl. Livingston, of New-Jer- sey, to His Excellency Genl. Washington, which was read, and is in the words following, to wit : " May it please your Excellency — " In the utmost haste I must inform you that very providentially I sent a spy last night on Staten island to obtain intelligence of the movements of the ene- my, as many things, apparently new, were seen from our lines ; he has this moment returned in safety. The substance of his information I must give you in short. He went on Staten island about midnight, and got undis- covered to the house of the person to whom he was sent, who informed him that the whole force of the enemy, of every kind, was 35,000 men, 15,000 of whom were left on the island, but all the rest embarked ; that they ex- pected to attack every hour, he thinks this night at far- thest ; it was to be on Long island and up the North river that the 15,000 men were to land, and attack on Bergen Point, Elizabeth Town Point and at Amboy. He has heard the orders read and heard the Generals talk of it ; the wagons are all laid out and ready ; that they appear very determined, and will put all to the sword ; they are in great want of provisions ; pork tolerably good, but flour exceedingly bad ; they have eat up all the cattle, and are now killing and barrelling up all the horses they meet with ; all the field pieces are taken on board except two. The information may be depended on. £10 has been given for a cow and 10 dollars for a sheep ; that the tories on the island are very illy treated lately, so that the inha- bitants, who at first were so pleased, would now be willing to poison them all ; they take from them every thing they choose, and no one has any thing they can call their own. " I am with great respect, &c. &c. " WILLIAM LIVINGSTON. " EHzth. Town, Augt. 21st, 1776." Mr. Hobart further informed the Convention that the enemy are landed on Nassau island ; that the rifle regi- ment are retreated to the lines ; that the enemy have landed a party of light horse and between 30 and 40' pieces of artillery. Ordered, That Mr. Hobart, Mr. Duer, Mr. Jay, Mr. Morris, Genl. Morris and Mr. Ben. Sands be a committee to take the said letter and intelligence into consideration, and report thereon to-morrow morning, and to write to Genl. Washington to know whether he desires Genl. Mor- ris's brigade to be called out. Ordered, That the Treasurer remove the treasury and papers and accounts near to the church in Harlem to-mor- row morning. Ordered, That Gerard Bancker remove all the books and papers of the late General Assembly of this State to Harlem to-morrow. DIE VENERIS, 9 ho. a. m. Augt. 23d, 1776. The Convention met pursuant to adjournment. Present — Abm. Yates, Junr. £sqr. Prest. Mr. Bancker, Col. Broome, Major Van Zandt, Mr. Dunscombe, Col. Brasher — New-York. Col. Marsh, Mr. Stevens— Cumberland. Mr. Yates, Mr. Adgate, Mr. Bleecker — Albany. Mr. Sam. Townsend, Mr. Jas. Townsend— Queens. Mr. Outwater, Mr. Jos. Smith— Orange. Mr. Smith, Mr. Tredwell— Suffolk. Col. Dewit, Mr. Contine— Ulster. Mr. Newkirk — Tryon. Major Schenk, Mr. Sacket, Mr. Landon— Dutches. Judge Graham, Mr. Haviland — Westchester. 147 Die Veneris, 3 ho. P. M. Augt. 23d, 1776. The Convention met pursuant to adjournment. Present— Abm. Yates, Junr. Esqr. Prest. Col. Broome, Mr. Dunscomb, Col. Brasher, Mr. Bancker— New- York. Mr. Sam. Townsend, Mr. Jas. Townsend, Mr. Ben. Sands, Major Lawrence — Queens. Mr. Yates, Mr. Adgate, Mr. Bleecker— Albany. Mr. Haviland, Judge Graham— Westchester. Col. Marsh, Mr. Stevens— Cumberland. Mr. Wm. Smith, Mr. Tredwell, Mr. Hobart— Suffolk. Mr. Contine, Col. Dev.it— Ulster. Mr. Duet— Charlotte. Mr. Schenk, Mr. Sacket, Mr. Landon— Dutches. Mr. Outwater, Mr. Jos. Smith — Orange. Mr. Duer, from the committee appointed to consider of and report on the letter from Brigadier-Genl. Livingston to His Excellency Genl. Washington, brought in the re- port of the said committee, which was read ; the same being read a second time, and some time spent therein, Mr. William Smith moved, and was seconded by Mr. James Townshend, that the said report of the committee on the said letter be postponed for further consideration. Debates arose thereon, and the question being put, it was carried in the negative in manner following, to wit : For the negative. For the affirmative. Albany, 6 Queens, 4 Cumberland, 2 New- York, 8 Orange, 3 Charlotte, 2 Dutches, 5 Ulster, 4 Suffolk, 4 34 Therefore the said motion was rejected. After much time spent on said report, on motion of Mr. William Smith, Ordered, That the said report be committed to the De- puties from Suffolk and Queens, and that they report to- morrow morning. Mr. Duer, from Charlotte county, dis- sents. Ordered, That Mr. Dunscomb and Mr. Robert Harper be added to the committee for removing the women, chil- dren and infirm persons out of the city of New-York. DIE SABBATI, 9 ho. a. m. Augt. 24th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. Prest. Mr. R. Harper, Mr. Bancker, Col. Broome, Mr. Roosevelt, Mr. Duns- comb, Col. Lott, Capt. Rutgers, Capt. Denning, (last five on duty) New- York. Mr. Newkirk, Mr. Harper— Tryon. Mr. Ab. Yates, Mr. Adgate, Mr. Bleecker — tlbany. Mr. Govr. Morris, Mr Haviland, Judge Graham — Westchester. Mr. Duer — Charlotte. Mr. Hobart, Mr. Tredwell, Mr. W. Smith— Suffolk. Mr. Outwater, Mr. Wisner — Orange. Mr. Stevens, Colo. Marsh — Cumberland. Col. Dewilt, Mr. Contine — Ulster. Major Schenk, Mr. Sacket, Mr. Landon — Dutches. Mr. S. Townshend, Mr. Jas. Townshend, Mr. Ben. Sands— Queens. On motion of Mr. Hobart, Resolved and Ordered, That the members of Suffolk and Queens counties, now present, join the other members from those two counties now sitting as a committee to re- consider the report of the committee on the letter of Bri- gadier-Genl. Livingston to his Excellency General Wa- 586 JOURNAL OF THE PROVINCIAL CONVENTION. shington, and the President and other members proceed as a Committee of Safety on all business relating to this State, or on which this Convention might proceed until members sufficient to form a Convention come in. The committee, consisting of the members of Queens and Suffolk, came into the Convention without delay, and reported, in substance, the following resolutions, which be- ing read and unanimously agreed to, are in the words fol- lowing, to wit : Resolved and Ordered, That Brigadier-Genl. Woodhull, or, in his absence, Lieut. Colo. Potter, march without de- lay one-half of the western regiment of militia of Suffolk county, with 5 days' provisions, into the western parts of Queens county, and that the officers of the militia in Queens county immediately order out the whole militia of that county, together with their troop of horse, and that the said officers of militia and troop of horse use all possible dili- gence to prevent the stock and other provisions in Queens county from falling into the hands of the enemy, either by removing them out of their way, or if that cannot be effect- ed, by destroying them, until they shall receive more par- ticular directions from this Convention. And, Ordered farther, That the captain of the troop of horse in Kings county, with his troop, join the said militia, and that the inhabitants of Queens county, not of the militia, do assist in executing the above orders, whenever they shall have notice from the commanding officers of the militia that their assistance is necessary. Ordered, That the Secretaries prepare several copies of these resolutions, and send them to Brigade Major Law- rence, in Queens county, and to Lieut. Col. Potter and Genl. Woodhull, in Suffolk county, by Samp. Dyckman, the messenger. The members of Westchester and Charlotte counties having come into the Convention while the last resolutions ■were considering, there were members sufficient to form a Convention, which prevented the necessity of proceeding as a Committee of Safety, and abrogated their power. The President informed the Convention that Dr. Treat has sent a quantity of medicines and hospital stores be- longing to the public, to his, the President's, chamber in Harlem. Thereupon, one of the members informed the Conven- tion, that four of the members had directed them to be sent to the President at Harlem, as Dr. Treat thought they were not safe in the city, and a justification of their conduct in this matter. The Convention approves and justifies their conduct in this matter. A letter from the committee at Monmouth county, in the State of New-Jersey, in answer to one addressed to them by this Convention, was received and iead, and is in the words following, to wit : " In Committee of Monmouth County, > " Freehold, August 17th, 1776. $ " Sir — We have received yours of the 26th ulto. en- closing the examination of Balthazer De Hart, and have much reason to expect and believe the contents truly staled. It has been, and still continues our misfortune, that many parts of this county are exceedingly infested with tories of the most inveterate disposition, owing we suspect in a great measure to the malign influence of our late attorney-gene- ral and his execrable junto. " The township of Shrewsbury, from the bad disposi- tion of a great proportion of its inhabitants — from its vici- nity to the shore, and consequent aptitude for dealing and corresponding with the enemy — and all this under the pa- tronage of such a committee as you may justly suppose a disaffected majority would naturally constitute — must na- turally offer itself as an asylum to refugee tories from any other quarter ; and hence you will easily account for so many disaffected persons from your city having seated themselves there, who by means of a kind of stage or post established between that town and New-York, have, we fear, given the enemy intelligence of all your measures, and may perhaps continue to do so, if passes from that committee are admilted at or near your city. " We have the pleasure to inform you that having had a notification of almost every article contained in Mr. De Hart's examination, we had, previous to the receipt of your letter, entered fully into the affair, and taken such steps as we hope will cut off the communication with the enemy, bring some offenders to justice, and, perhaps, return you some of your late inhabitants. Particularly a guard had been already posted by order of Genl. Mercer upon the whole Shrewsbury and Middle Town shores, who have orders to seize and detain all the craft belonging to said shores, and to apprehend every suspicious person who may be found within their respective districts. " There had been also apprehended a number of the in- habitants of Shrewsbury, against whom proofs of disaffec- tion were proffered, some of whom we have bound in heavy bonds, and another, a person of first property in the town, is now under confinement, and we expect will take his trial upon the treason act as soon as our new Legislature shall be established. Persons by order of your Convention, and under appointment of this committee, have inventoried and appraised a number of estates in that and our other town- ships, which lately belonged to a set of refugees, who find- ing the country too hot for them have fled, and joined the ministerial army, which wicked and traitorous step some scores of our inhabitants have taken, though they were chiefly persons of the most abandoned characters and des- perate fortunes. " We have cited the three persons mentioned in your letter to have been at Genl. Howe's camp, and although they went by Col. Taylor's permission, who granted them a flag, yet, as they had not been qualified, we have put them under oath, but have not been able to make any very important discoveries. Not chosing to trust the business to the town committee for reasons before hinted, we had also before the receipt of your favour constituted a sub-commit- tee from our own body, who were authorized to cite every inhabitant of New-York, then within the township of Shrewsbury, to appear before them, and show cause why they should not be immediately removed whence they came, agreeable to a late requisition from your State, and an ex- press ordinance of our own respecting persons deserting the places of their abode, when in danger of being attacked ; who have cited them accordingly, and given them till the 24th inst. to procure, if practicable, from New-York, such certificates as may satisfy the friends of freedom here. " A number of armed vessels have frequently been for days together at anchor and hovering near the coast, and we doubt not, have had frequent interviews with, and re- ceived some supplies from, the disaffected in this county. But they have not as yet been able to effect any thing to purpose, and as our guards are now on the spot, and we have given peremptory orders that all the stock be imme- diately driven from all the beaches and adjacent meadows, we flatter ourselves the enemy will be disappointed in any- future attempt they may make to procure provisions. " Our maritime situation at the same time that it has been favourable to the pernicious designs of our inveterate enemies, has subjected the committee of this county to al- most innumerable difficulties from the beginning of these troubles, and we believe we may justly sav we have spent more time, and undergone more vexation and fatigue, than any other committee in this State, as on every extraordinary occasion, our members were to be convened from an ex- tent of 70 or 80 miles. " However, blessed be God, we hope we have almost completed a victory over them, and we humbly confide in his Almighty aid for a universal conquest over every other enemy to American freedom. " We heartily thank you for your friendly communica- tions, and shall, with the utmost cheerfulness, concur with you in every measure for the public safety. JOURNAL OF THE PROVINCIAL CONVENTION. 587 " And now that the same Allwise Director and Powerful Supporter of true, civil and religious liberty, may bless the Convention of the State of New- York with unanimity, wis- dom and fortitude in the arduous task assigned them, and that they may speedily obtain the desirable end of all their patriotic exertions, is in sincerity and truth the most ardent wish of their friends, brethren, " And humble servts. " The Committee of Monmouth county. " Signed by order. f JOHN HOLMES, Chairman. " To the Prest. of the Convention of the State of New-York." Ordered, That it be referred to a committee, to consist of Col. Broome and Colonel Dewitt. A letter from the committee of the county of Cumberland was received and read, and is in the words following, that is to say : " Province of New-York, > 5j Cumberland County. > " To the Honble. Gentlemen of the Provincial Congress of this Province i " Upon the handbills, from you sent to us purporting the expediency of instituting civil government according to the exigencies of the county, the major part of whom have agreed thereto, and elected their Delegates, and empowered them with their authority to agree with you in forming a mode of government independent of the Crown, in the most mild, just and equitable manner possible, for the regulating their internal police, and the preservation of the rights and liberties and property of the people. All which, subjected nevertheless to those regulations, conditions and restraints herewith transmitted you by the hands of the Delegates of this county, to all which they are, by their constituents in the premises, limited and restrained in such manner that if they break over and violate those sacred instructions here- with sent you in behalf of us and our constituents in mat- ters of such infinite importance and delicacy, the county committee declare, in behalf of the free, patriotic people thereof, that they mean to, and hereby do, resolve to re- serve to themselves the full liberty of an absolute disavow- ance thereof, and of every clause, article and paragraph of such an institution. " Also, it is hereby acceded to, and fully meant and in- tended by the good people of the county, that they, not- withstanding this compliance with the requisition of the said handbills above mentioned, so directed to us for the purposes aforesaid, have fully and absolutely reserved to themselves and their heirs, &c. the full liberty of pursuing their former petition in behalf of the people, included and specified therein some years ago, and referred to the Great and General Assembly of the ancient, ever respectable, and most patriotic government of the Massachusetts Bay Province, thai the whole district described in said petition, may be hereafter remitted to that Province, and referring to themselves also the right of offering their pleas, argu- ments and proofs, in full to induce a revision thereof, to that ancient jurisdiction for those important reasons to be adduced when, where and before whom the parties con- cerned shall be admitted to offer the same ; as in duty bound shall ever pray. " The whole whereof so as offered to you, ever respec- table gentlemen, submitted with due congratulation of all the good people of said county. " Per order of the county committee. " JAMES CLAY, " Chairman of said Committee. " Copy compared with the original and extracted there- from. "Attest, "Elk. Day, " Clerk of said Committee. " West-Minster, June 21st, A. D. 1776. " Protests instantly entered. " Elkanah Day, "John Bridgnon, Esqr. " John Norton. (Fecit,) "Elk. Day, " Clerk to said Committee" Ordered, That the said letter be referred to a commit- tee to consist of Mr. Morris, Mr. Duer, Mr. Hobart and Mr. Schenk. Die Sabbati, 4 ho. P.M. Augt. 24th, 1776. The Convention met pursuant to adjournment. Present — Abm. Yates, Junr. Esqr. Prest. Mr. Bancker, Mr. R. Harper, 5 members absent on business — New- York. Genl. Morris, Mr. Haviland, Mr. Govr. Morris— Westchester. Mr. Yates, Mr. Adgate, Mr. Bleecker — Albany. Mr. S. Townshend, Mr. J. Townshend, Mr. Ben. Sands — Queens. Mr. Tredwell, Mr. W. Smith, Mr. Hobart— Suffolk. Mr. W. Harper, Mr. Newkirk — Tryon. Mr. Stevens, Col. Marsh— Cumberland. ilr. Sacket, Mr. Schenk, Mr. R. R. Livingston— Dutches. Mr. Oulwater, Mr. Wisner — Orange. Mr. Duer— Charlotte. Hugh Doyle, late a soldier in Capt. Palmer's company, in one of the regiments of this Colony attending, was ad- mitted. He informed the Convention that he had lately been taken by the enemy, on Staten island, and detained a prisoner in irons 25 days ; that by enlisting in the ene- my's regiment of volunteers he had a dangerous opportu- nity, and made his escape on Wednesday last. He gave such information as he had to communicate. Ordered, That Peter V. B. Livingston, Esqr. as Trea- surer to this Convention advance to Hugh Doyle, 8 dollars to support him in his return to his family at New Haven. Resolved and Ordered, That Peter Van B. Livingston, Esqr. as Treasurer of this Convention advance to Col. Isaac Nicoll, £72, to enable him to pay the one moiety of the bounty due to 18 privates of his regiment, and muster the said men. Col. Nicoll to be accountable to this Con- vention for the disposition of that money. And Resolved, That Brigadier-Genl. Clinton be, and is here- by, requested to give out in orders that the colonels of the regiments in his brigade, who have not returned the mus- ter rolls of their regiments to this Convention, do return the same immediately, in order that they may be mustered by a Continental muster- master, and receive the other moiety of their bounty money. Capt. Benson having attempted, by order of the com- mittee for obstructing the navigation of Hudson's river to purchase sails and rigging for two armed sloops, which can not be purchased, Resolved, That the committee for stopping the channel in the East river be requested to furnish Capt. Henry Ben- son, on account of this State, with such rigging and other articles as he may want, and which are now in their pos- session, taken from the vessels by them employed in stop- ping the channel aforesaid. A request of Major Hendrick Van De Linde Ver Bryck to Brigadier-Genl. Clinton, requesting a dismission from the present service on account of his ill state of health, was read and filed. Genl. Clinton's letter to Major Van Bryck, submitting his application to this Convention, was also read and filed. Resolved, That this Convention consent to the dismis- sion of Major Ver Bruyck from the present service, on ac- count of his ill state of health, agreeable to his request. Burnet Miller, Esqr. came into the Convention and took his seat as a Deputy of Suffolk county. The committee consisting of the Deputies from Suffolk 588 JOURNAL OF THE PROVINCIAL CONVENTION. and Queens counties, appointed yesterday evening to re- consider the report of the former committee on the letter of Genl. Livingston, to His Excellency Genl. Washing- ton, brought in their report ; eight paragraphs thereof, with the recital, being read, amended and agreed to, para- graph by paragraph, is in the words following, that is to say : Whereas, the enemy's troops have landed on the west- ern shore of Nassau island, and penetrated into the heart of Kings county, and this Convention have received intel- ligence that they are in extreme want of provisions and re- freshments : And whereas it will be extremely difficult, if not impracticable, to prevent them from ravaging and plundering the southern part of the said island, whereby their present necessities may be greatly relieved, inasmuch therefore as it is the duty of this Convention to prefer the general cause of America to the interest and convenience of individuals : 1st. Resolved, That all the horses, horned cattle and sheep belonging to the south of the ridge of hills in Queens county, be forthwith removed and put into the fields at the east end of Hemstead Plains, there to be and remain un- der a sufficient number of keepers at the discretion of Bri- gadier-Genl. Woodhull, until he shall judge it necessary to remove them farther eastward, and when he shall think the same necessary that he do direct them to be drove into such part of Suffolk county as he shall think proper : Provided notwithstanding that nothing in this resolve shall extend to prevent each large family from retaining four milch cows, each middling family three, and each small family two, nor each farmer from retaining one pair of horses. 2d. Resolved, That it be recommended to the inhabi- tants of Queens county residing to the south of the ridge of hills, immediately to remove all their grain, now in the barns and barracks, to some convenient place at a distance from the buildings, that the same, without endangering the buildings, may be burnt whenever it shall be impracticable to prevent the enemy from getting possession of it. 3d. Resolved unanimously, That whenever Brigadier- Genl. Woodhull, or the commanding officer for the time being, shall judge that it is the design of the enemy to pos- sess themselves of such grain, he do send a sufficient num- ber of men to burn and destroy the same ; and that the said General or commanding officer at the same time cause all the horses and cows which were left with the diffe- ferent families to be driven away or killed, and that all the mills at the same time be dismantled by taking and carry- ing away the upper stone. 4th. Resolved, unanimously, That Brigadier-Genl. Wood- hull, with the troops under his command, take post on the high grounds running through Nassau island, as near to the enemy as he may think expedient, for the purpose of op- posing their incursions ; and that whenever it shall appear probable to him that the enemy will gain possession of those heights and of the country to the northward and east- ward of the same, he retreat, removing and destroying the stock and the grain, and dismantling the mills in manner above directed. 5th. Resolved unanimously, That such of the militia of Genl. WoodhulPs brigade as are or shall be in actual ser- vice, shall be entitled to Continental pay and rations, agree- able to their respective ranks. 6th. Resolved unanimously, That Robert Townshend be a commissary to supply the brigade with provisions till such time as Genl. Washington shall give further orders for that purpose, and that Mr. Wm. Smith and Mr. Saml. Townshend be a committee to wait, on Genl. Washington with a copy of these resolutions and submit the expediency and necessity of the same to his consideration and advice. And whereas it will be extremely difficult if not im- practicable to effect the good purposes of these resolutions without an additional force to the militia ordered out by a resolve of this morning for calling out a part of Genl. WoodhulPs brigade : Ordered, That the said committee submit to His Excel- lency's consideration the propriety of ordering Col. Smith's and Colo. Remsen's regiments of militia to join the said brigade. Ordered, That the said committee do request Genl. Wa- shington's opinion relative to the propriety of calling forth further detachments of the militia of this State into action, and if called out, to what place. Ordered, That a copy of the foregoing resolutions be immediately transmitted to the Delegates of this State in the General Congress. A letter from His Excellency Genl. Washington contra- dicting the report that New-York was to be abandoned and burnt, was received and read, and is in the words follow- ing, to wit: "Head Quarters, New-York, ? "Augt. 23d, 1776. 5 " Gentlemen — I am favoured with yours of the 22nd, acquainting me with a report now circulating, ' that if the American army should be obliged to retreat from this city, any individual may set it on fire.' " I can assure you, gentlemen, this report is not found- ed upon the least authority from me ; on the other hand, I am so sensible of the value of such a city, and the conse- quences of its destruction to many worthy citizens and their families, that nothing but the last necessity, and that such as should justify me to the whole world, would in- duce me to give orders for that purpose. " The unwillingness shewn by many families to remove notwithstanding your and my recommendation, may per- haps have led some persons to propagate the report, with honest and innocent intentions. But as your letters first informed me of it, I cannot pretend to say by whom or for what purpose it has been done. As my views with regard to the removal of the women and children, have happily coincided with your sentiments, and a committee appointed to carry them into execution, I submit it to your judgment, whether it would not be proper for the commit- tee to meet immediately in this city, and give notice of their attendance on this business. There are many who anxiously wish to remove but have not the means. " I am with much respect and regard, " Gentlemen, your mo. obt. and very hble. servt. " GO. WASHINGTON. " The Honble. the Convention of the State of New- York." DIE SOLIS, 8 ho. a. m. Augt. 25th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. Prest. pro tern. Mr. Bancker, Mr. R. Harper, Mr. Roosevelt, Mr. Dunscomb, Col. Lott, Capt. Denning, Capt. Rutgers, (the five last on duty) — New- York. Mr. Newkirk, Mr. Harper — Tryon. Mr. Yates, Mr. Adgate, Mr. Bleecker — Albany. Dr. Outwater, Mr. Wisner— Orange. Mr. Duer— Charlotte. Mr. Miller, Mr. Tredwell, Mr. Hobart— Suffolk. Mr. Contine— Ulster. Mr. J. Townsend, Mr. Ben. Sands — Queens. Mr. Govt. Morris, Mr. Haviland, General Morris — Westchester. Mr. Schenk, Mr. R. R. Livingston — Dutches. Col. Marsh, Mr. Stevens— Cumberland. The committee, consisting of the members of Queens and Suffolk counties, brought in the residue of the report of the committee on the letter of Brigadier-Genl Living- ston, of the 21st inst. to Genl. Washington, which was adjourned over last evening for want of time. The Convention took the same into consideration, and the following paragraphs thereof being read, amended, agreed to and resolved on, are as follows, to wit : Whereas by reason of the cruel and unnatural invasion JOURNAL OF THE PROVINCIAL CONVENTION. 589 now made upon this State, many of the inhabitants there- of may be compelled to abandon their peaceful habitations and be exposed to all the miseries of want and the hor- rors of war : And whereas the same regard to the rights of human nature which leads mankind to brave every dan- ger and endure every distress in the great cause of free- dom, teaches them to behold with pity, and [with] gene- rosity to relieve the distresses of their fellow creatures, and since it is more especially the duty of those who are called on to superintend the general welfare of the State, to lighten as far as possible the burthen of calamity which oppresses their constituents : Therefore, Resolved, That the several committees throughout this State be and they hereby are authorized and required to quarter upon the inhabitants of their respective counties and districts all such unfortunate persons as may, in con- sequence of the aforesaid invasion, be driven away from their places of abode, paying all possible regard to the conveniencies of such inhabitants ; and that they do assess moderate prices to be paid to such inhabitants for the per- sons so quartered on them. Resolved also, That such persons whose circumstances will admit, do maintain themselves and their families, and that this Convention will provide ways and means to de- fray the expense of maintaining the indigent. Provided always, that no person shall be deemed entitled to the public benevolence for more than ten days, unless he or she shall within that time produce a certificate of indigence from the chairman of the committee of the county or dis- trict where he or she formerly resided. And also, that no persons by virtue of their removal as aforesaid, shall be construed to gain a residence in the place to which they shall remove. Resolved, That the several committees above mentioned do return monthly to this Convention an exact account of such indigent persons as shall appear to be entitled to the public benevolence, together with the names of the per- sons on whom they are quartered, and the contracts made for their maintenance, in order that this Convention or a future Legislature may make immediate provision for ful- filling such agreements. Ordered, That the Secretaries prepare a copy of these resolutions to be immediately despatched to the chairman of the committee of Flushing. MONDAY MORNING, Augt. 2Qth, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. Prest. pro. tern. Mr. Bancker, Mr. Harper, Genl. Scott, Col. Remsen, Mr. Beekman— Kew-York. Mr. Contine, Col. Pauling — Ulster. Mr. Sam. Townsend, Mr. Jas. Townsend, Colo. Blackwell — Queens. Mr. Yates, Mr. Bleecker, Mr. Adgate — Albany. Mr. It. R. Livingston, Mr. Landon, Major Schenk — Dutches. Col. Marsh, Mr. Stephens — Cumberland. Mr. Smith, Mr. Tredwell, Mr. Gelston, Mr. Dearing, Mr. Miller, Mr. L'hommedieu — Suffolk. Mr. Harper, Mr. Moore, Mr. Veder, Mr. Newkirk — Tryon. Mr. Morris, Judge Graham, Mr. Haviland, Genl. Morris — Westches- ter. Dr. Outwater, Mr. Wisner — Orange. Mr. Duer— Charlotte. Ordered, That Mr. Tredwell, Mr. Wm. Smith and Mr. Jas. Townsend be a committee to draw up and report in- structions for Brigadier-Genl. Woodhull, and that they re- port with all convenient speed. Mr. Govr. Morris from the committee appointed on the , brought in their report, which being read, amend- ed and unanimously agteed to, is in the words following, that is to say : 148 Whereas divers persons who had been represented to this Convention as notoriously disaffected to the American cause, and whose going at large ought to be restrained, have, by order of this Convention, been arrested and now remain confined in the jails of some of the counties in this State : And whereas justice and the public safety de- mand that the degrees of restraint should be proportionate to the danger arising from the disaffection, evil dispositions and influence of the said prisoners : Resolved unanimously, That the general committees of the counties in which they are so confined, being possessed of more knowledge of the characters and principles of each of the said prisoners than this Convention can readily ac- quire, be and they are hereby authorized and directed so to dispose of the said prisoners as that no undue and unneces- sary severity be shown them on the one hand, and the safety of the public against their machinations provided for on the other. Provided always that the said commit- tee shall not have power to liberate any person or per- sons who already have been or hereafter may be confined in jail for treasonable practices against the State. Orderd, That copies thereof be sent to the county com- mittees and published in all the newspapers. On the application of Saml. Mabbit of Dutches county, who assures that he is about to erect a flaxseed mill in that county, Resolved, That an exemption from military duty be granted to six persons who shall be employed in erecting a flaxseed mill and carrying on the business of said mill when the same shall be so erected. Provided that the names of such persons be registered with the brigadier- general of the county of Dutches, and that he be furnish- ed with a copy of this resolution. On reading the petition of Charles Shaw, the Conven- tion came to the following determination : Whereas Charles Shaw hath by his memorial present- ed to this Convention, averring his attachment to the Ame- rican cause, shewn sufficient cause why he ought not to be compelled to actual service in the militia ; upon consi- deration of the said memorial, Resolved, That the said Chas. Shaw be exempted from such service. General Morris suggested sundry reasons to the Con- vention for his attendance at Philadelphia. Ordered, That General Morris attend at Congress at Philadelphia and return with all possible despatch. The Convention were informed that the committee who were appointed for that purpose cannot proceed in the re- moval of the poor from the city of New- York without a supply of cash. Ordered, That the Treasurer of this State advance to James Beekman, Esqr. one of the members of the com- mittee appointed to remove the indigent women and chil- dren and infirm persons out of the city of New-York, the sum of £1,000, to enable the said committee to complete the business for which they were appointed. A letter from Genl. Woodhull, dated at Jamaica, 25th Augt. was read. Ordered, To be referred to the committee for drawing instructions for Genl. Woodhull. The committee appointed to wait on Genl. Washington with the resolutions for calling out the Western Suffolk regiment and Queens county militia to prevent the stock falling in the enemy's hands, do report : " That according to order they waited on his Excellency and conferred with him on the subjects above mentioned, and that he seemed well pleased, but said he was afraid it was too late. " Your committee told him the Convention had sent an express to Genl. Woodhull on Saturday morning, to em- body the western regiment of Suffolk, and all the remain- ing part of the militia of Queens, and march to the high grounds on the western part of said counties, but as the 590 JOURNAL OF THE PROVINCIAL CONVENTION. said Convention was apprehensive that Genl. Woodhull would not have a sufficient force to drive off the stock and repel the ravaging parties of the enemy, thought it most conducive to the public welfare that the regiments above mentioned should be applied for, that he might thereby be enabled more effectually to carry the resolves of the Con- vention into execution. Upon which, Genl. Washington appeared well satisfied with the proceedings of the Con- vention, and said that he should at all times, when he had it in his power, be ready to give them any assistance con- sistent with the public good, and that he would immediately give orders that Col. Smith's and Remsen's regiments should march into Queens county to join Genl. Woodhull ; and as to calling out any more of the militia, he asked what time we thought it would take to have the militia of Westches- ter county embodied ? We told him we thought at least 4 or 5 days ; upon which he made no reply. " Your committee do further report, it was the General's opinion that our commissary should continue to supply the troops under Brigadier-Genl. Woodhull, and that he con- sult with the Commissary-General, that they might not in- terfere with one another in purchasing provisions. " SAML. TOWNSEND, "WILLIAM SMITH." Ordered, That Col. Curtenius be and he hereby is re- quested to contract with proper persons for making 2,000 pouches with belts, without delay, and at the cheapest rate he can procure the same, and that he send 500 of them as soon as finished to Genl. Clinton's encampment, for the use of his brigade. A letter from Gilbt. Livingston and Christopher Tappen, commissioners for building vessels at Poughkeepsie, wish- ing to be permitted to take their seats in Convention be- fore the committee report a form of government, and sug- gest, as their opinion, that it would be well to secure a State to govern, before they discussed a form to govern it by, was read, and committed to Mr. R. R. Livingston and Mr. L'hommedieu. Ordered, That Mr. L'hommedieu be added to the com- mittee to draw instructions to General Woodhull. Resolved, That the Rev. Mr. Joseph Treat continue his services as chaplain to Col. Lasher's and Col. Malcom's battalions in Brigadier-Genl. Scott's brigade, and that the Rev. Mr. John Eliot be chaplain to Col. Sard. Drake's and Col. Humphrey's regiments ; Mr. Treat's pay to com- mence from the time of calling the said brigade into ser- vice, and Mr. Eliot's pay from the 7th inst. Ordered, That Genl. Scott be and he is hereby autho- rized to receive out of the store of this State, such cots and half cots now in store, as he may find necessary for the use of the surgeon for dressing the wounded of his brigade, or as he may find otherwise necessary for the use of the sick, Genl. Scott giving a receipt for the same ; and that Genl. Scott make such disposition of those cots in his brigade as he may think proper. Ordered, That 50 blank commissions be sent to the committee of the county of Albany. Ordered, That Mr. Adgate, Mr.Bleecker and Mr. Duer, be a committee to nominate a suitable character for major of a regiment of the militia in the county of Albany. Ordered, That the nomination of the officers for the Albany Rangers, be committed to the same committee. It was moved that 300 stand of arms be forwarded for the use of the militia of Glocester ; being considered, it was referred to Mr. Duer, Mr. Hobart and the others of the committee appointed to hear their government applica- tion. A letter from John Sleght, chairman of Kingston, was received and read, stating that the women surround the com- mittee chamber, and say if they cannot have tea, their hus- bands and sons shall fight no more, was received and re- ferred to the members attending from Ulster county. Whereas the Convention have reason to suspect that a correspondence is carried on betwixt the enemy's army now I on Nassau island and the family of Colo. Josiah Martin at Rockaway on said island : And whereas it is the duty of this Convention diligently to watch over and suppress every intercourse which may endanger the public good or safety : Therefore, Resolved, That Brigadier-Genl. Woodhull be and he is hereby requested and authorized to cause the house of the said Colo. Josiah Martin immediately to be searched for papers by a discreet and spirited officer, who shall engage upon his word of honor to Genl. Woodhull, not to * * * any matters which may be contained in letters of a private nature, and to transmit to the Convention of this State every paper which may concern the public weal. And whereas Dr. Saml. Martin, son to the said Col. Martin, is at present a prisoner upon his parol at Rocka- way on Nassau island : And whereas, on account of the vicinity of the enemy's army, in which the said Dr. Mar- tin has frequent and intimate connection, it would be incon- sistent with good policy to suffer the said Saml. Martin to remain any longer upon his parol at said place : There- fore, Resolved, That the said Brigadier-Genl. Woodhull be and he is hereby requested and authorized to cause the said Dr. Saml. Martin immediately to be apprehended and con- veyed to this Convention, in order that he may be sent to reside in some more secure and distant place. Whereas considerable expenses have accrued to this State in suppressing the designs of evil minded and disaf- fected persons against the the liberties of America : And whereas the public economy requires that such expenses should be restrained in the most exact manner, in order that such means may be devised for reimbursing the same as justice and sound policy may hereafter dictate : Ordered, That the Treasurer of this Convention do keep a distinct and accurate account of all sums of money which already have been and may hereafter be disbursed by or- der of the Convention for the purpose of apprehending, securing and subsisting disaffected persons, and of quelling insurrections within this State. A draft of a letter to Genl. Woodhull in answer to his received yesterday, was read and approved of, and is in the words following, vizt : "August 26th, 1776. " Sir — Yours of yesterday is just come to hand in an- swer to which we would inform you that Robert Townsend, the son of Saml. Townsend, Esqr. is appointed commis- sary for the troops under your command, of which we beg you would give him the earliest notice, and that we have made application to Genl. Washington for the regiments under the command of Cols. Smith and Remsen to join you ; he assured our committee that he would issue out orders immediately for that purpose, and we expect that they are upon the spot by this time. You have, enclosed, some resolutions and orders for your more particular direc- tion. " Confiding in your known prudence and zeal in the common cause, and wishing you the protection and bless- ing of Heaven, " We are, with respect, " Your very hble. servants. " Brigadier-Genl. Woodhull. " P. S. Genl. Washington desires that Mr. Townsend may consult with the Commissary-General, that they may not interfere in their purchases." The committee appointed to draw instructions to Genl. Woodhull [brought in their report,] which was agreed to, and are in the words following, that is. to say : " You are hereby ordered with the troops under your command to take post on the heights near the western boun- daries of Queens county, or in such other place or places in the counties of Queens, Kings or Suffolk, as you shall think most convenient for preventing the incursions and depredations of the enemy ; and you are hereby empow- ered and directed to order out the whole or any further part JOURNAL OF THE PROVINCIAL CONVENTION. 591 of the militia and other inhabitants of said counties when and where you shall think them necessary to protect the inhabitants removing, or destroy the stock and other pro- visions, and for the other purposes mentioned in the re- solutions herewith sent you ; you are also to do all in your power to prevent all intercourse with the enemy, by secur- ing and sending to this Convention all such persons as shall be any way aiding or assisting them, or opposing any mea- sures which have been or shall hereafter be directed by this Convention, and to search the houses of such per- sons for papers as you shall suspect to have had intelli- gence from the enemy ; and you are also at liberty to mount on horseback any number of the militia that you may think necessary." JOURNAL OF THE COMMITTEE OF SAFETY. TUESDAY MORNING, August 27th, 1776. The Committee of Safety met. Present — Mr. Tredwell, Mr. Jas. Townsend, Mr. Hobart, Mr. Duer and Mr. Wm. Smith, Mr. R. R. Livingston. Mr. Dearing, Mr. Hobart was unanimously chosen Chairman. Present— Colo. Dewitt, Mr. Adgate, Mr. Stevens. Mr. Wm. Harper, Major Parks, Colo. Marsh, Mr. Wisner, Junr. Mr. Bleecker, Mr. Yates ■who went to church, Mr. Mils, Mr. Lockwood, and Col. Van Cortlandt. A letter from General Woodhull was received and read, and is in the words following, to wit : " Jamaica, August 21th, 1776. " Gentlemen — I am now at Jamaica with less than 100 men, having brought all the cattle from the westward and southward of the hills, and have sent them off with the troops of horse, with orders to take all the rest eastward of this place to the eastward of Hemstead plains, and to put them into the fields and set a guard over them. The ene- my, I am informed, are intrenching from the heights near Howard's, southward. I have now received yours with several resolutions which I wish it was in my power to put in execution ; but unless Cols. Smith and Remsen, men- tioned in yours, join me with their regiments, or some other assistance immediately, I shall not be able, for the people are all moving east, and I cannot get any assistance from them. I shall continue here as long as I can, in hopes of a reinforcement, but if none comes soon I shall retreat, and drive the stock before me into the woods. Cols. Smith and Remsen I think cannot join me. Unless you can send me some other assistance, I fear I shall soon be obliged to quit this place. I hope soon to hear from you. " I am, gentn. your mo. obt. hble. servant, " NATHL. WOODHULL. " The Honble. the Convention of the State of New-York." Major Lockwood informed the Committee that the ene- my's ships are at White Stone. Thereupon, Resolved and Ordered, That Mr. Hobart and Mr. R. R. Livingston, be a committee to wait on His Excellency General Washington, and confer with him relative to the 149 state of Nassau island, and what measures may be neces- sary for distressing the enemy thereon, or defending or re- moving the inhabitants, and that they report the result of their deliberations thereon to this Committee, or the Con- vention of this State. A letter from Capt. Denning was read, dated this day. Ordered, That Capt. Rutgers be requested immediately to proceed to the city of New-York, and afford all possible aid, attention, direction and assistance in stopping, or im- peding the navigation of the East river, and that he employ all such persons as he shall think proper, to give him aid. Mr. Dearing was chosen Chairman unanimously in the room of Mr. Hobart. Ordered, That copies of the resolution and letter of yesterday to Colo. Woodhull, be made, and sent by the ex- press going to Long island. On motion of Mr. Duer, Resolved unanimously, That Colo. Drake, or the next commanding officer of the Westchester militia, do imme- diately call out as many of the militia with five days' pro- visions, as he shall think sufficient to watch the motions of the enemy's ships now in the Sound, and to prevent all com- munication with the disaffected inhabitants in said county, and that he send notice from time to time to the Conven- tion, of every remarkable occurrence, and for that purpose that he is hereby empowered to press horses when he shall think it necessary. Ordered, That the Secretary enclose a copy thereof in a letter to Colo. Drake. Ordered, That Mr. Newkirk take that letter and show it to the commanding officer at Horn's Hook. The application of Mr. Jonn. Piatt for some commissions for officers in Colo. Thomas's regiment, was read. An express arrived from New-London and communica- ted a copy of a letter from Erastus Wolcott to the com- mittee of Say Brook, and is in the words following : " New-London, August 24th, 1776. " Gentlemen — Yesterday in the morning, appeared at the east end of Fisher's island, two of the enemy's armed frigates and a brig, and this morning they passed by this harbour, standing to the westward. I thought it best to give you this intelligence by express, that you may keep a good look out, and take what measures your prudence 594 JOURNAL OF THE COMMITTEE OF SAFETY. will suggest, and must leave it to you whether or not to forward this from town to town by express, (if no direct opportunity offers ;) this may much depend on what is al- ready known of their being in the Sound, and by observing their motions. " I am, gentlemen, " With esteem and regard, " Your obt. humble servt. " ERASTUS WOLCOTT. " To the Committee of Say Brook." Mr. L'hommedieu moved, and was seconded, that His Excellency Genl. Washington be acquainted that the com- mittee of Southold at the east end of Nassau island, have mounted four cannon as field pieces, vizt : 3 6-pounders, and 1 3-pounder, to prevent depredations of the enemy along the Sound, and to enable the inhabitants to make a stand at certain passes, and that His Excellency be re- quested to send a sufficiency of powder, ball and cartridge paper for the said cannon, to the care of Col. Livingston, and that Col. Teircy be directed to exempt such number of men from the common militia duty, as will be sufficient to manage said cannon; they keeping a number of horses ready to remove the said cannon to such places as shall be necessary. The said motion was unanimously agreed to. Ordered, That Mr. R. R. Livingston, Mr. Schenk, Col. Broome, and Col. Remsen and Mr. Duer, be added to the committee of this morning, to whom was referred the letter from Kingston, received and read this morning. Ordered, That Mr. Hobart, Mr. Dearing, Mr. L'hom- medieu, Mr. Miller, Mr. Smith, and Mr. Van Wyck and Mr. Samuel Townsend, be a committee to report ways and means for the sale of fat cattle on Nassau and Shelter islands. A letter from Capt. Cregier, about his privateer, was read. Ordered, That a copy of the letter from Erastus Wol- cot, dated New-London, Augt. 24th, 1776, be immediately transmitted by express to Brigadier-Genl. Woodhull, and that he be requested to cause all the stock on the seacoast of Long island, which are most exposed to the enemy's depredations, to be drove with all possible despatch so far into the interior part of the country as to be out of danger from the enemy. Mr. Duer, Mr. R. R. Livingston, Mr. W. Smith, Mr. Hobart, James Townsend, Mr. Dearing and Mr. Tredwell, or any five of them, be a Committee of Safety until the next adjournment, or until there shall be members suffi- cient to form a Convention, and that all members who at- tend be members and have votes. Ordered, That the committee appointed to report a form of government, postpone their report until Wednes- day next. Tuesday Afternoon, Augt. 27th, 1776. The Committee of Safety met. Present — Mr. Dearing, Chairman. Mr. Smith, Mr. Duer, Major Parks, Mr. Harper, Mr. Yates, Mr. Bancker, Mr. Atlgate, Col. Hoffman, Major Lockwood, Mr. Mills, Mr. L'hommedieu, Mr. Tredwell, Mr. Gelston, Mr. Rob. Harper, Mr. Miller. Mr. Abraham Van Rants, of Brunswick, from whence he has just arrived in a boat with his family says, that he understood that last night 1,500 men surrounded the house of Mr. Duryee, (who lives about one mile to the south- ward of his house,) that they took away his arms, horses and wagon ; that two companies of the militia in the neigh- bourhood of Bedford were disarmed, and perhaps taken prisoners. Mr. Berrien, chairman of the New- York committee, and Mr. Campbell, applied for more money to enable them to remove the women, &c. and also for money to be sent to the places where they are sent to, to wit : New Windsor, Mamaroneck, New Rochel, Rye. It being suggested that it will be proper to have a guard over the records this night, Ordered, That Capt. Sampson Dyckman be requested to attend this Committee immediately. Resolved, That the records and papers belonging to the Convention of this State, as also the chest belonging to the Receiver-General's office, be immediately conveyed to Genl. Clinton's encampment, at or near King's Bridge. And Ordered, That one of the Secretaries do see them safe- ly conveyed to the said encampment, and remain with them till further orders. Ordered, That Mr. Isaac Willet be, and hereby is, au- thorized and empowered to procure or impress as many boats he possibly can, and proceed with them up the Sound to Genl. Clinton, and put them under his direction, and this Committee does hereby engage that the Conven- tion of this State will bear and defray any expense or da- mage that may accrue thereby. Ordered, That Col. Hoffman and Mr. L'hommedieu call on Capt. Shaw, and request him to spare as many men as he can to assist in taking the boats up to General Clinton. Ordered, That Capt. Benson procure a guard of twenty men of his company to guard the store, and to watch if any of the enemy's boats should attempt to land at Har- lem, and that he post a proper guard at the house of Mr. Bogart wherein the records of the Convention of the said State are kept. Whereas the Committee of Safety have reason to sus- pect that Nichs. Covenhoven, Esqr. has given intelligence to the enemy of the resolutions of this Convention, Resolved, That Capt. Benson be, and he is hereby, au- thorized immediately to apprehend the said Nichs. Coven- hoven, and him safely to convey to the Convention of this State, in order that he may be examined on such matters as to them shall appear necessary. Resolved, That Col. Pierre Van Cortlandt be, and he is hereby, requested and authorized to examine all papers in the custody of Nichs. Covenhoven, Esqr. and to trans- mit to the Convention of this State, all such papers as may in any wise concern the public weal. A letter from Genl. Woodhull was received and read, and is in the words following, to wit : " Westward of Queens County, > " Augt. 27th, 1776. $ " Gentlemen — Enclosed I send you a copy of a letter, from Colo. Potter, who left me yesterday at 1 1 o'clock, after bringing about 100 men to me at Jamaica. Major Smith has, I expect, all the rest that was to come from Suffolk county. There has about 40 of the militia joined me from the regiments in Queens county, and about 50 of the troop belonging to Kings and Queens counties, which is near all I expect. I have got all the cattle southward of the hills in Kings county, drove to the eastward of the cross road, between the two counties ; and have placed guards and sentries from the north road to the south side of the island in order to prevent the cattle going back, and to pre- vent the communication of the tories with the enemy. " I am within about six miles of the enemy's camp ; their light horse has been within about two miles, and un- less I have more men our stay here will answer no pur- pose. We shall soon want to be supplied with provisions, if we tarry here. " I am, gentlemen, " Your mo. obt. hble. servant, " NATHL. WOODHULL. "The Honble. the Convention of New- York, at Harlem." JOURNAL OF THE PROVINCIAL CONVENTION. WEDNESDAY MORNING, Augt. 28th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. Prest. Mr. Bancker, Major Abeel, Mr. Harper, Mr. Jay, Col. Brasher, Mr. Beekman — New-York. Col. Drake, Mr. Mills, Major Lockwood, Col. Van Cortlandt, Mr. Morris — Westchester. Mr. A. Yates, Mr. Adgate — Albany. Dr. Outwater, Mr. Wisner, Mr. Little — Orange. Mr. Van Wyck. Mr. Sam. Townsend, Mr. Jas. Townsend, Major Lawrence — Queens. Mr. Hobart, Mr. Tredwell, Mr. Miller, Mr. L'hommediec, Mr. Smith, Mr. Dearing, Mr. Gelston — Suffolk. Col. Marsh, Mr. Stevens, Mr. Sessions — Cumberland. Mr. Landon — Dutches. Col. Dewit, Mr. Wisner, Junr. Major Parks — Ulster. Mr. Moore, Mr. Harper, Mr. Yeder — Tryon. Mr. Duer — Charlotte. The Convention were informed that Mr. Z. Mills stands in need of a further supply of cash to enable him to re- move the military stores of this State, agreeable to a late order of this Convention. Ordered, That the Treasurer of this Convention ad- vance to Zebediah Mills, Esqr. the further sum of $10 to enable him to complete the order of this Convention for removing the military stores belonging to this Convention from the city of New-York to Westchester county, and take his receipt to be accountable for the same. The proceedings of the Committee of Safety on yes- terday were read to the Convention, approved of and con- firmed. Mr. Robert Harper, returned from Flushing and pro- duced a receipt from John Talman, Esqr. chairman of Flushing, for £200, for supporting the poor and indigent persons sent thither from the city of New-York. Ordered to be filed. Genl. Woodhull's letter, received yesterday afternoon by the Committee of Safety, was again read and taken into consideration. Major Lawrence gave the following intelligence : that Doctor Riker told him that a number of scattering troops had posted themselves on the ridge of hills between New Town and Jamaica ; that they had been in many of the houses ; had taken victuals and drink, but had not plun- dered, as he understood. Ordered, That Major Lawrence wait on Genl. Wash- ington with a copy of Genl. Woodhull's letter, and inform him that Colos. Smith and Remsen's regiments may be sent to join Genl. Woodhull by the way of Flushing, and by what means. A draft of a letter to Genl. Washington, to be sent by Major Lawrence, was read and approved of, and is in the words following, that is to say : " Wednesday Morning, Augt. 28th, 1776. " Sir — I am commanded by the Convention to enclose to your Excellency the copy of a letter they received last evening from Genl. Woodhull. " The Convention are of opinion that the enemy may be prevented from getting the stock and grain on Long island if the regiments under the command of Col. Smith and Col. Remsen be sent to join Genl. Woodhull. That this junction may be effected, and how, Major Lawrence (who is a member of this Convention and the bearer here- of) will inform your Excellency. " I have the honour to be with great respect, " Your Excellency's mo. obt. servt. " By order. " His Excellency Genl. Washington." Ordered, That Mr. Van Wyck do repair immediately to Flushing to gain intelligence of the situation of the enemy and what places are now occupied by Genl. Woodhull; that he do with all possible expedition, despatch a boat to the Convention with the information he can collect ; at the same time pointing out the most suitable place for the re- inforcement to join Genl. Woodhull to land ; and that he be empowered to impress boats, men and horses for carry- ing this order into execution. Ordered, That Mr. Van Wyck and Major Lawrence have leave to employ Sa. Dyckman, the express, for a few hours. Whereas this Convention has received information that John Rogers, a servant of Brigr. Genl. Morris, has manifested a disposition extremely inimical to the rights 596 JOURNAL OF THE PROVINCIAL CONVENTION. and liberties of America, and that there is room to sus- pect that he will take the first oportunity to join the enemy. Ordered, therefore, That Capt. Benson, of Harlem, be requested and directed to apprehend the said John Rogers, or cause him to be apprehended, and brought before this Convention. The committee to consider of the letter from Robt. Yates and Gilbt. Livingston, members of the committee to obstruct Hudson's river, dated at the inst. reported a draft of a letter to the Delegates of this State at Congress, which was read and approved of, and is in the words following, that is to say : " Harlem, 28th jlugt. 1776. " Gentlemen — The Convention of this State consider the fortification of Hudson's river and the obstructing its passage in the Highlands of the last itnportance, and have reason to believe that the Congress view it in the same light. They have appointed a committee to superintend that work, who inform them that they are greatly delayed for the want of smiths, unless they may be permitted to employ those that are now engaged in building the Conti- nental frigate at Poughkeepsie, which, therefore, they de- sire you immediately to request of them. " The Convention hope that you will succeed in your application, since the finishing the ships is of far inferior importance to the security of the river ; and even were it otherwise in itself then, it must doubtless be so now, when the former will in all probability depend upon the latter. They beg that you will urge this matter as soon as possi- ble, since you need not be informed that delay will work the same effect as a refusal. " I have the honour to be gentlemen, " Your mo. obt. hble. servt. " By order. " To the Delegates of the State of New- York at Congress." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Ordered, That Mr. L'hommedieu, Col. Dewitt and Mr. Wisner, be a committee further to consider and report on the said letter from the said committee at Poughkeepsie. Ordered, That Capt. Rutgers and Mr. Landon be and are hereby requested and authorized to direct and manage the transportation of Col. Smith's and Col. Remsen's re- giments, in the best and most convenient manner, to join Brigr. Genl. Woodhull ; and for that purpose, that they be hereby authorized to impress boats and craft of any kind which they shall think proper. Ordered, That Mr. Tredwell, Mr. Wisner and Mr. John Moore, be a committee to consider and report, whether any and what further means can be devised for supplying the troops raised in this State with clothing and blankets. A letter from Genl. Woodhull, dated this day, was re- ceived and read, and is as follows, that is to say : "Jamaica, Jugt. 2Sth, 1776. " Gentlemen — I wrote two letters to you yesterday, one by express and another by Mr. Harper, and also sent my brigade-major to you, to let you know my situation, and I expected an answer to some of them last night, but my express informed me he was detained till last night for an answer ; I have now received yours of the 26th, which is only a copy of the last, without a single word of an an- swer to my letters or the message by my brigade-major. " I must again let you know my situation ; I have about 70 men and about 20 of the troop, which is all the force I have or can expect, and I am daily growing less in num- ber ; the people are so alarmed in Suffolk, that they will not any more of them march ; and as to Colos. Smith and Remsen's regiments, they cannot join me, for the commu- nication is cut off between us. I have sent about 1,100 cattle to the great fields of the plains yesterday, about 300 more is gone off this morning to the same place, and have ordered a guard of an officer and seven privates ; they can get no water in those fields ; my men and horses are worn out with fatigue. The cattle are not all gone off towards Hemsted ; 1 ordered them yesterday, but they were not able to take them along. I brought yesterday about 300 from New Town. I think the cattle is in as much danger on the north as the south side, and have ordered the inha- bitants to remove them, if you cannot send me an imme- diate reinforcement. " I am, &c." Ordered, That Mr. Hobart and Mr. James Townsend, as a committee of this Convention, be and hereby are di- rected to repair to Genl. Woodhull, with such instructions as the Convention shall think proper to give, and to assist him with their advice. And, Ordered, That Genl. Woodhull and the said committee be and hereby are instructed that they cause all such stock and all such grain in Queens county and the western part of Suffolk county, as may be in danger of falling into the enemy's hands, and cannot be removed to places of safety, to be destroyed. Ordered, That the said committee be and they hereby are impowered to impress horses, boats and persons to con- vey themselves to Genl. Woodhull with the utmost de- spatch. And, Resolved, That the Convention will defray the expenses of the said committee in the premises. A letter from D. Mathews, received by Mr. Depeyster, was read, and is as follows : " Sir — I did myself the honour of addressing you by letter when I was brought to the White Plains, and have since taken the liberty of writing to Mr. Morris relative to my treatment ; the answers to both which letters I now enclose you, it being a commitment issued by Mr. Trum- bull. If this is to be my treatment, the Lord deliver me. I have been a crown officer upwards of 20 years, and was chief magistrate of the city of New-York and a subject of the King of Great Britain when I was taken, (Indepen- dence not being then declared,) and I am taught to be- lieve that my rank was equal to any prisoner taken by the King's troops during this unhappy contest, and I believe you will not find such a commitment issued against any one of them that sustained the character of a gentleman. I had some hopes that the acquaintance you had in the fa- mily, would at least have obtained here the treatment of a gentleman ; but it seems I have nothing to expect but what is due to the worst of felons ; and had it not been for the kind interposition of Mr. Depeyster, (for whom I shall ever en- tertain the highest esteem,) I should, in all probability, have been in the land of spirits ere this. " It amazes me to think that the State of New-York should send me to be dealt with as Mr. Trumbull should think proper. I was in hopes after Independence was de- clared, that nothing savouring of the extension of that an- cient statute so justly complained of would have found the least footing in America. 1 conceive I was as much en- titled to bail in the State of New- York as Mr. Sayre late- ly was in London ; for I believe his crime and the wit- nesses to prove them were much alike. I offered any se- curity ; even some of the warmest Whigs would have been bail for my appearance whenever demanded. But it seems prison was the word, and every commitment sticks close to it. " I assure you, sir, if I could have entertained the least ideaof receiving the treatment I have received, 1 should have embraced the opportunity of giving that kind of bail which is commonly called leg bail — which I had frequent oppor- tunities of doing after I was seized ; but as I never could reconcile it to myself either to leave my family or join the King's army, and knowing at the same time that my de- parture would give my enemies every advantage they wish- ed for, I rejected every proposal of that kind in full ex- pectation that I should be done by, as those gentlemen would wish to be done by, were they so unfortunate as to JOURNAL OF THE PROVINCIAL CONVENTION. 597 be taken prisoners. But it seems I expected loo much ; I have only now to make myself as contented as possible, for it would seem that I am fixed here for life, (as 1 am only to be delivered by due course of law.) " I should not have troubled you, sir, with another let- ter, had I not been requested to inform you of my treat- ment, and as this will be the last I shall presume to trou- ble you with, I shall ask one favour, which is, thai if I am not suffered to go to my family, I may be permitted to reside at Hartford on giving security (for my word of ho- nour it seems, is of no validity in my own State,) to re- main there, as I have some friends there who would accom- modate me with the comforts of life, and I might there have an opportunity of seeing Mrs. Mathews. If this is thought unreasonable I shall say no more about it, and shall still remain one of those who wish that America may never lose her liberties nor her sons meet with oppres- sion. " 1 am, sir, your very humble obt. servant, (Signed) "D. MATHEWS. " Litchfield, \2lh Augt. 1776. " Genl. Woodhull." The copies of his commitment, a letter to Mrs. Ma- thews, and a letter from Moses Seymour, sheriff of Litch- field county, therein enclosed, were also read. Thereupon a draft of a letter to the said David Mathews was read and approved of, and is in the words following, to wit : " Wednesday morng. Augt. 28th, 1776. "Sir — The Convention direct me to inform you that they have received your letter to the President, and that they have examined also your letter to Mrs. Mathews. That you never was taken up as a British subject, nor to be considered as a prisoner of war — your rank therefore is immaterial. You well know the cause of that treatment which you deem so cruel. You well know that you stand charged with being concerned in a deep conspiracy against the rights and liberties of America, and however innocent you may be, it is the duty of the Convention that you be secured for trial ; that you were privy to it in a great mea- sure, you own examination evinces. " The Convention direct me to remind you that you are not sent to Connecticut for trial, but for security. That they never heard of bail being taken in similar cases. That your fellow citizens would most probably upon your going at large, have been their own avengers. That you shall have a fair and candid trial when the exigencies of the State will permit ; and that they have too great respect for the liberties of mankind to make any unnecessary in- roads upon that sacred ground. " What opportunities you may have had to escape, and what reasons to stay, the Convention do not know ; but they know the charges against you and their duty to the public. " The Convention do further direct me to assure you, sir, that they have not the least objection to inform, not only the British Governors and Generals, but all mankind, that they have taken precautions for their own safety, and confined persons accused of treasonable designs and con- spiracies ; and they do sincerely wish with you that Ame- rica may never lose her liberties nor her sons meet with oppression. " By order. "D. Mathews, Esqr." Ordered, That the same be engrossed, and signed by the President, and transmitted. A letter to Govr. Trumbull on the same subject was read and approved of, and is in the words following, vizt. : " Wednesday morning, Augt. 28lh, 1776. " Sir — The Convention direct me to return your Honour their sincere thanks for the attention you have been pleased to pay to the prisoners we have been under the necessity of sending into your State. We now take the liberty of en- closing to your Honour the copy of an intercepted letter from D. Mathews, Esqr. to his wife, from which it appears 150 that he deeply resents the treatment he received from the Convention. It is with the utmost regret that we feel our- selves under the necessity of requesting your Honour to secure that gentleman in such manner as to pievent his escape and all improper correspondence. The troubling you with our prisoners is a matter for which necessity alone can apologize. " This State has suffered so much from disaffected per- sons that a greater degree of severity towards them would be justifiable, especially as all jointly hath been by them attributed to fear. Notwithstanding such high provocation, we have in no instance invaded the rights of humanity, it might therefore be expected that we should be surprised to see such a designed misrepresentation of our conduct, but nothing of this kind is new. " The crime of which Mr. Mathews stands charged — which is no less than treason against the rights of Ameri- ca — and yet it seems that he considers his confinement as unjust. We are confident, sir, that in committing him to prison you will avoid every circumstance of unnecessary rigor, but the instance we enclose you of his unfriendly intentions demand that great care should be taken to pre- vent the character of these Slates from being unjustly stig- matized by such wilful misrepresentation. " I have the honr. to be sir, &c. " By order. " Govt. Trumbull, &c." A letter from Jos. Drake, at New Rochell, dated this day, was received and read in the words following, to wit : " New-Rochell, Augt. 28th, 1776. " Sir — I received the resolve of the Commiltee of Safety yesterday, enclosed to me by John McKesson, Esqr. Pur- suant to my directions, I have ordered a party to guard from Ryeneck to Rodman's neck of the militia of this county. Colo. Graham's regiment is at present stationed at Frog's neck. The enemy lay yesterday and all last night by Hart island, this morning they removed a little to the southward of Minifoid's island, where they at present lie ; they have not been able to plunder much ; they got from Mineford's island 4 horned cattle and some poultry, which is all we have been able to learn they have plundered. I immediately sent Capt. Hunt with about 50 men from New Rochel, who with the help of a part of Col. Graham's re- giment, drove off all the cattle from the island, to the amount of 30 odd head. I should be glad to be informed if Col. Graham's regiment is to remain on Frog's neck, if that is not improper it will be a very great ease to the county at this season, especially as it will take almost all the militia to guard the whole. I conceive it will take nigh half of my regiment to guard from Rodman's point to the Snuff mills . Colo. Budd is to send 100 men and to guard from there to Rye neck. " 1 find it very difficult for the men to provide 5 days' provisions at this time of the year; therefore I thought it proper to appoint Theos. Barlow commissary for the time being. 1 am apprehensive if ever I should come to an en- gagement with the enemy we should be in great want of powder, as we have not above 6 rounds a man for all the militia. You may rely on my utmost vigilance to frustrate the intentions of the enemy in all their motions, while here. " From your very humble servant, " JOESPH DRAKE." Ordered to be referred to Mr. Morris and Mr. Jay. On motion, Resolved, That the Governor of Connecticut be request- ed to send unto Suffolk county 1,000 troops for the pro- tection of the inhabitants and security of the stock on Nas- sau island, as the strength of Long island is now within His Excellency Genl. Washington's lines, and cannot be had. A draft of a letter to several towns in Connecticut re- questing their assistance in removing the stock from Long island, was read and approved of, and is in the words fol- lowing, to wit : 598 JOURNAL OF THE PROVINCIAL CONVENTION. " II tinesday morning, Jlugt. 26th, 1776. " Gentlemen — The Convention of the State of New- York are under the melancholy necessity of again calling upon their sister States for their assistance in a matter in which not only they but the whole Continent are interested. " The enemy who have landed upon Long island will, we fear, have it in their power to possess themselves of the whole stock, which amounts to between 80 and 100,000 of cattle and as many sheep ; as our forces are confined to their lines, those articles will doubtless be of the greatest use to the enemy — for the want of some of them we know they are already distressed ; we must therefore re- quest you immediately to afford all the assistance in your power to forward the removal of the stock from the island, and to provide for them in your State, till some further di- rection can be given with respect to them, and to lend your aid to each of the inhabitants that may wish to remove. The importance of these objects need not be enlarged up- on, nor need arguments be urged to induce you to every necessary exertion. " The readiness and public spirit which the committees in Connecticut have ever shewn in carrying into execution all measures of public utility, leave us no room to doubt but that they will exert themselves on this occasion, which is of the utmost importance to the general cause of Ame- rica. " To the Chairman of Stonningtown, New London, Groton, Lyme, Seabrook, Guilford, New Haven, Stratford, Fairfield, Milford, Norwalk, Stan- ford and Horseneck, in the State of Connecli- cut, who are desired to forward the same." A draft of a letter to Govr. Trumbull, on the same sub- ject, was read and approved, and is as follows, to wit : " Wednesday morning, Harlem, 28th Jlugt. 1776. " Sir — Enclosed you have a copy of a letter which the Convention of this State have directed to the several com- mittees of your State, requesting their assistance in remov- ing the inhabitants and stock from Long island. " The Convention are sensible that their first applica- tion should have been to Your Excellency, but necessity has obliged them to dispense with form, which they doubt not you will consider as a sufficient apology. The Con- vention, therefore, find themselves under a necessity of applying to Your Excellency for 1,000 men, or any greater force which can be speedily obtained, who they conceive may greatly contribute to the security of the island, and at the same time in some measure cooperate with our army on the lines, or at least greatly weaken the attack of the enemy. " The militia of Long island are, for the most part, shut up wilhin the lines, so that nothing can be done for its de- fence without your assistance. " I have the honour to be, &c. " By order. " To His Excellency Govr. Trumbull, Govr. of the State of Connecticut." Ordered, That Mr. Gelston proceed to Connecticut with the letter to Govr. Trumbull and the committees, and that this Convention will bear his expenses. Wednesday, 5 o'clock P. M. 2Sth Augt. 1776. Present— Mr. Beckman, Mr. Rob. Harper, Mr. Jay, Mr. Bancker, Major Abeel — New-York. Mr. S. Townsend— Queens. Col. Marsh, Mr. Stevens, Mr. Sessions — Cumberland. Mr. A. Yates, Mr. Adgate, Col. Van Rensselaer — Albany Mr. R. R. Livingston— Dutches. Mr. Duer — Charlotte. Mr. Moore, Mr. Harper, Mr. Veder— Tryon. Mr. Miller, Mr. Tredwell, Mr. Dearing, Mr. Gelston— Suffolk. Mr. Morris, Col. Van Cortlandt, Major Lockwood, Col. Drake— Westchester. Col. De Witt, Mr. Wisner, Junr. Major Parks— Ulster. Mr. Outwater, Mr. Little, Mr. Wisner— Orange. Mr. Jay and Mr. Morris reported two resolutions, and the draft of a letter to Colo. Drake, relative to the militia, and the appointment of Theodosius Bartow as Commis- sary pro tern, were read, and is in the words following, that is to say : " Thursday morning, Jlugt. 29th, 1776. " Sir — I am directed by the Convention to inform you, that they approve of your conduct relative to the defence of the coast, and refer the whole of that business, in Gene- ral Morris's absence, to your direction. They confirm your appointment of Mr. Bartow as Commissary, and have enclosed an order on the Treasurer for 1 ,000 dollars. As to powder they are much at a loss, but have ordered Genl. Clinton to afford you all the supply which the store of this State will admit of. " I am, very respectfully, sir, " Yours, &c. " By order. " Col. Joseph Drake." Resolved, That Theods. Bartow, Esqr. be empowered to act as commissary, (till further order,) to the militia employed to defend the coast of Westchester county, on the Sound ; that he have an order on the Treasurer of this Convention for 1,000 dollars, and that he account for the same to this Convention, or the Legislature of this State, for the time being. Resolved, That Genl. Clinton do furnish Col. Joseph Drake with such a quantity of cartridges, or powder and lead, out of the store of this State, in his possession, as he may think necessary to the defence of the coast of West- chester. Ordered, That the Treasurer of this Convention advance to Theodosius Bartow, Esqr. the sum of 1,000 dollars, to enable him to execute the order of this day, appointing him to act as commissary to the militia employed to defend the coast of Westchester county, and take his receipt, to be accountable for the same. The examination of Col. Covenhoven was read as fol- lows : " Left Long island on Sunday morning ; came last from Wilpelmer's, Stothoof's island. On the day that the ene- my landed, as he was returning from the lines he was taken by a parly of the enemy ; they treated him roughly, took from him his sword and cockade, and carried him to head-quarters ; was politely received by Genl. Howe, who asked him if he would stay at home and send his produce, which he promised to do ; he understood from the officers that 8000 men had landed the first day. They sent for him the second time on the same day ; ordered him to get fowls, &c. under pretence of which he went off; got a horse and went to Genl. Washington, asked him what part he should take, who directed him to go back, and he was to collect information and send it to Genl. Washington, which he did, and got back without being missed ; they never ques- tioned him further. He afterwards met with some Hes- sians, who took him with them to get cows, and agreed among themselves to put him to death, after he had shown them the cows, as they were forbid to kill any cattle; they spoke this in the Hessian language ; shewed them a cow and he left them ; most of the stock had been driven off before. He then went to the Flatlands, where he saw many regulars ; saw Govr. Tryon, but did not speak to him. Genls. Howe, Clinlon and Puket, were on the island ; the enemy were joined by a few people from the island; saw many people from Staten island not armed; left it on Sunday with a design to come lo Congress; when got to McGowen's was arrested; does not think it safe Congress should continue here ; they talked in the camp of landing above this ; the party that carried him to Genl. Howe, carried also his sword and cockade, but it was not noticed by the General ; heard at the Flatlands that 17 sail of transports were gone round in order to land at Mor- risania. The enemy proposed to attack the lines the day afier they landed, but were repulsed, and 17 Hessians killed. JOURNAL OF THE PROVINCIAL CONVENTION. 599 Mr. Morris read two letters, whereby the Convention is informed that Capt. Berrien refused to pay any attention to the order of this Convention, exempting Mr. Chas. Shaw from military service, on the order which in like manner exempts R. Morris, Esqr. Ordered, That Capt. Berrien do attend this Convention immediately, to show the cause of his conduct in the pre- mises. A letter from Genl. Washington received by Major Law- rence, was read, and is^^s follows : " Long island, Augt.28th, 1766. " Sir — I was just now honoured with your favour of this date, with Genl. Woodhull's letter, and should esteem myself happy were it in my power to afford the assistance required, but the enemy having landed a considerable part of their force here, and at the same time may have reserved some to attack New- York, it is the opinion not only of my- self but of all my general officers I have had an opportuni- ty of consulting with, that the men we have are not more than competent to the defence of those lines, and the seve- ral posts which must be defended. This reason and this only prevents my complying with your request. " I shall beg leave to mention in confidence, that a few days ago, upon the enemy's first landing here, I wrote to Govr. Trumbull recommending him to throw over a body of 1000 men on the island, to annoy the enemy in their rear, if the state of the Colony would admit of it ; whether it wil I be done I cannot determine, that Colony having furnished a large proportion of men. I was, and still am, doubtful whether it could be done. If it could, I am satisfied it will, from the zeal and readiness they have ever shown to give every possible succour. I am hopeful they will be in a condition to do it, and if they are, those troops I doubt not will be ready and willing to give Genl. Woodhull any assistance he may want. But cannot the militia effect what he wishes to do ? They, I believe, must be depended on in the present instance for relief. " I have the honour to be, " In great hasie, sir, " Your mo. obt. servant, " GO. WASHINGTON. The Honble. Abm. Yates." Mr. Duer moved the following resolutions, that is to say : Rosolved, That whereas from the vicinity of the enemy's ships of war now in the Sound, and the situation of their army on Nassau island, it would be very practicable for a small party of men to surprise this defenceless town, and to remove all its inhabitants: And whereas from the present invasion of this State, thereby cause the communi- cation betwixt this Convention and their constituents to be cut off: Therefore, Resolved, That the Convention of this State will forth- with adjourn from hence to Mr. Jay moved that it be postponed until to-morrow. The previous question being put, (whether it be postponed until to-morrow,) it was carried in the negative, in manner following, to wit : For Jlgainst. Cumberland 2 Ulster, 4 Westchester, 4 Charlotte, 2 — Orange 3 6 Albany, 6 Tryon, 3 New-York, 8 Queens, 4 Suffolk, 4 34 Mr. Livingston then moved that they would adjourn, to meet at Pishkill ; and the question being put, it was carried in the affirmative, in manner following, to wit : For the affirmative. Albany, 6 Orange, 3 Ulster, 4 Tryon, 3 New-York, 8 Mr. Jay dissenting. 24 For the negative. Westchester, 4 Mr. Morris dissenting. Suffolk, 4 Queens, 4 Charlotte, 2 Cumberland, 2 16 THURSDAY MORNING, Augt. 29th, 1776. The Convention met pursuant to adjournment. Present — Abm. Yates, Esqr. Prest. Mr. Bancker, Mr. Harper, Major Abeel — New-York. Dr. Outwater, Mr. Little, Mr. Wisner, Junr. — Orange. Col. Marsh, Mr. Sessions, Mr. Stephens — Cumberland. Mr. Abm. Yates, Mr. Adgate, Col. Van Rensselaer — Albany. Major Lockwood, Mr. Tomkins, Col. Van Cortlandt, Col. Drake, Mr. Morris — Westchester. Mr. Duer— Charlotte. Col. Dewitt, Mr. Wisner, Junr. Major Parks — Ulster. Major Lawrence, Mr. Sam. Townsend — Queens. Mr. Moore, Mr. Harper, Mr. Veder — Tryon. Mr. Smith, Mr. Miller, Mr. L'hommedieu, Mr. Dearing, Mr. Tred- •well— Suffolk. Col. Hoffman, Mr. R. R. Livingston, Mr. Landon, Major Schenk — Dutches. A letter from Mr. Van Wyck, at Flushing, who was sent yesterday from Congress, to inquire whether the com- munication between this and Jamaica is open and safe by the way of Flushing, was received. He mentions that the troops may pass safely that way, if they can be got there this evening ; that the enemy's ships lie between Thome's Point and Great Neck. Referred to Mr. Smith, Col. Hoffman and Mr. Tredwell. Ordered, That the Treasurer of this Convention ad- vance to Z. Piatt, Esqr. the further sum of £700, to ena- ble him to execute the order of this Convention, appoint- ing him Commissary for the time being, to provide provi- sions for the troops under the command of Brigr. Genl. Clinton, and to pay for a quantity of boards purchased by virtue of said order, and take his receipt for the same. Mr. Tomkins came into Convention and informed that Mr. Lownsbury was come into Westchester county with a commission from Genl. Howe to raise rangers ; that a party of the militia went in pursuit of him, and were under the necessity of killing him, as he would not surrender ; another was wounded, and 4 were taken prisoners, all his recruits. The commission from Lord Howe, and other papers found on them, were read and filed. Committed to Col. Dewitt, Mr. Livingston and Mr. Tomkins. On motion, Resolved unanimously, That John McDonald, employ- ed as a miner by this Convention, be directed to proceed upon a farther discovery for the space of 20 days, in ex- ploring the lead mines in the Nine Partners, in Dutches county, then to return and report to this House ; and that he be allowed 8s. per day, while so employed ; and that he be allowed to employ 2 men besides himself, and that he be furnished with ^ cwt. of powder. The committee to whom was referred the letter from Mr. Van Wyck, brought in their report, as follows : " Your committee, to whom was referred the considera- tion of the letter from Mr. Van Wyck, and several letters from General Woodhull, do report : that there would be danger of a letter's falling into the enemy's hands, and therefore, they think it best that a member be sent to him to give him an account of our proceedings, upon the sub- ject of his letters, and, in confidence, of the substance of the letter we received from Genl. Washington." 600 JOURNAL OF THE PROVINCIAL CONVENTION. Ordered, That Mr. Saml. Townsend be requested to proceed to Long island, on the above business. The committee, to whom was referred the papers, &c. received from Mr. Tomkins, found upon Mr. Lownsbury, killed by a party of militia in Westchester county, report as follows : "That the prisoners be kept in close custody till they are examined ; that the chairman of the committee of West- chester county be requested to take the examination of the prisoners, and transmit them to the Convention of this State." Ordered, That Bloomer Nelson, Saml. Haines, Josiah Disberry and Jacob Schureman, be committed to the jail at Kingston, in Ulster county, and there kept in close and secure custody till furlher order. And Ordered jurther, That Col. Jos. Drake be directed to procure a proper guard and to see this order executed. Ordered, That the Treasurer of this Convention pay to Jonathan Tomkins, Esqr. the sum of 20 dollars, to be by him delivered to Mr. Flood, as a reward for his spirited conduct in apprending Wm. Lownsbury, a notorious ene- my to the cause of America, in Westchester county. Mr. Harper, agreeable to notice given last night, moved for a reconsideration of the determination of the House last night, for removing the Convention to Fishkill. Debates arose, and the question being put, it was as fol- lows, that is to say : For reconsidering. Against it. Suffolk, 4 Albany, 6 Westchester, 4 Charlotte 2 Queens, 4 Westchester, 4 Cumberland, 2 New- York, 8 — Tryon, 3 14 Orange, 3 26 Resolved, That the Convention will meet in the English church at Fish Kills on Monday next at 9 o'clock ; that a Committee of Safety, to consist of Mr. Duer, Col. Van Cortlandt, Col. Van Rensselaer, Mr. Robt. Livingston and Major Schenk, with Mr. Yates, the President, be appoint- ed to act for this State till Convention meets. The Convention having been informed by their secret committee of the services of Capt. Hazelwood in prepar- ing fire-rafts and giving useful information relative to the obstructing the navigation of Hudson river, think him en- titled to ihe thanks of this House ; and as a compensation for his expense and trouble, Ordered, That the Treasurer of this Convention pay to the said Capt. Hazelwood the sum of $300, out of the treasury of this State, for his services as aforesaid. Resolved, That a committee be appointed to consider what number of the militia can be speedily called out for the defence of this State. Col. Hoffman, Mr. Wisner, Junr. Col. Dewit, Col. Van Cortlandt and Mr. Duer, were the said committee. Resolved, That it be recommended to the inhabitants of Long island to remove as many of their women, children and slaves, and as much of their live stock and grain, to the main, as they can ; and that this Convention will pay the expense of removing the same. Ordered, That John Rogers, a servant man of Genl. Morris, apprehended by order of this Convention, as being notoriously disaffected, be conveyed under a proper guard to the jail in Westchester county, to be kept in close cus- tody till further orders ; and that Capt. Benson cause this order to be duly executed. A letter from Peter T. Curtenius, with a list of articles, such as he contracted for by order of this Convention, was received and read, and is in the words following, to wit: " Harlem, Augt- 28th, 1776. " Gentlemen — I am in advance on account of the Con- vention above £4,000, and have engaged clothing and other articles to the amount of at least as much more. Should be glad this Honourable House would be pleased to give me an order on the Treasurer for £10,000, that I may be enabled to make good my engagements. " I am, gentn. your mo. obt. servt. "PETER T. CURTENIUS. " P. S. Mr. Roosevelt has about £2,800, which he told me I could have, if the Convention would give me an or- der on him. " A list of articles which I have contracted for and have in store, vizt : 1,500 pair buckskin breeches, 3,000 shirts, 200 doz. Germantown stockings, at Philadelphia ; the last article something doubtful whether the whole quantity will be got; 1,000 yards linen given out to be made in shirts at Hackensack ; 45 ps. oznaburgs, at old Mr. Paulding's, about 3,000 yards, may do to make shirts ; 150 pr. leather breeches in my store ; 600 pr. shoes in do. and can get about 2,000 pair more ; 348 dressed deer skins at Hack- ensack ; about 500 pr. buckskin breeches engaged in dif- ferent parts of the county, and believe I can get more at Bethleham." Resolved, That Peter T. Curtenius be empowered to borrow the sum of £10,000, and that the Convention of this State pledge the public faith to the persons of whom he may borrow this sum, for the repayment of the same, and that the receipt or receipts of the said Peter T. Cur- tenius, shall be vouchers to the person or persons of whom the whole or any part of this sum may be borrowed, and to the Treasurer of this Convention for payment of the same. Ordered, That the Treasurer of this State and the Se- cretaries of the Convention do immediately remove with the treasury and records of this State to Fish Kills, in Dutches county, and that they there join the Convention at 9 o'clock on Monday next. JOURNAL OF THE COMMITTEE OF SAFETY THURSDAY, a. m. Augt. 29th, 1776. Present— Abraham Yates, Junr. Prest. Rob. R. Livingston, Col. Van Cortlandt, Col. Van Rensse- laer, Mr. W. Dtjer, Col. Dewitt, Mr. Adgate. A letter from Comfort Sands, Esqr. dated at New-Ro- chelle, yesterday, and sent by Mr. Danl. Redfield, inform- ing the Committee that said Redfield was sent to be exa- mined relative to the enemy's ships, and requesting the Committee to give him a permit to pass King's Bridge. Danl. Redfield, being examined, says, that about 4 o'clock on Monday morning last, his sloop, going from New- York, was taken by the Brig Halifax, mounting 10 four pounders, Quorme, commander; that about 12 o'clock same day, they run his vessel, after having stripped her of the rigging, cable and anchor. The man who piloted the vessel was one Reed ; the frigates were La Brun and the Niger ; that the design of the enemy was to bring over their tories from Long island ; that the ships of war were to run to King's Bridge, there to land their forces, and make a juncture with the other part of the army ; that the enemy by this means would be able to cut off all communication with our army both by land and water, and oblige our troops in New-York to surrender. That the enemy had plundered Hart and City island ; that he thinks they got about 12 or 14 head of cattle, besides sheep, ducks, &c. ; that while he was on board several persons come on board from Long island ; that on Tuesday a man came on board who said that the King's army had killed 1 ,300 of our men, and had o-ained the ground of our men ; that one Barne came on board from the City island ; that his partner, Stephen is kept on board in order to be exchanged for the mate of the Niger, who had been taken by the sloop Beverly and carried°into Amboy. Says the private men were very in- veterate against us ; they did not use his person ill. A letter from Colo. Drake on the same subject was also read. Harlem, Augt. 29th, 1776. The Committee of Safety met. Present— Abraham Yates, Junr. Esqr. Presidt. Col. Van Cortlandt, Col. Van Rensselaer, Mr. Robt. R. Livingston, Mr. Duer, Mr. Bleecker. 151 Colo. Phenehas Fanning waited on the Committee with a letter from Colo. Josiah Smith, colonel of the drafts of the militia of Suffolk, Queens and Kings counties, stationed at Brookland, in Kings county, informing the Committee that his regiment is ordered by Genl. Washington to with- draw from Long island, and wait the further orders of the Convention of this State. Thereupon it was Ordered, That Colo. Josiah Smith do, with all possible despatch, march his regiment to Horn's Hook, there to receive further orders from Mr. Samuel Townsend and Major Lawrence, and that he apply to the Commissary- General for five days' provisions, and to the Quarter-Mas- ter-General for baggage wagons, it being of the utmost consequence that his regiment should march without delay. And Resolved, That Mr. Samuel Townsend and Major Law- rence be requested and authorized to attend the regiment commanded by Colo. Smith, in order to supply the said regiment with provisions, and to devise the most safe and expeditious means of transporting the said regiment from Long island ; and that they be authorized and impowered to impress horses, wagons, boats, vessels, &c. for that purpose, for the payment of which, and every other neces- sary expense, this Committee pledge the public faith. Ordered, That the Treasurer of this State pay to Mr. Samuel Townsend and Major Lawrence the sum of one hun- dred pounds, to be by them accounted for to the Conven- tion of this State. Resolved and Ordered, That the brigadier-generals or commanding officers of the militia in the counties of Orange, Ulster, Westchester and Dutchess, do hold their militia in readiness to march at a moment's warning with five days' provision, and as much ammunition as possible, there be- ing the greatest reason to imagine that the whole force of this State may, in a few days, be wanted to repel the in- vasion of our merciless and tyrannical enemy. Ordered, That the Secretaries transmit certified copies of the aforegoing resolution, to the brigadiers of the coun- ties therein mentioned, with the utmost despatch. Resolved and Ordered, That. Capt. Sickles and 12 men keep guard this night at such places as the motions of the enemy can be best watched, and that he make return to this Committee of all such persons who shall refuse to obey. 602 JOURNAL OF THE COMMITTEE OF SAFETY. KING'S BRIDGE, Augt. 30th, 1776. The Committee of Safety met. Present — Abraham Yates, Junr. Esqr. Chairman. Colo. Van Cortlandt, Colo. Van Rensselaer, Mr. Robt. R. Livingston, Mr. Duer, Mr. Bleecker. The Committee were informed that the Continental troops, with all the militia, had, by order of Genl. Wash- ington, left Long island and come over to the city. Thereupon a draft of a letter to Genl. Washington was read and approved, and is in the words following, to wit : " Sir — In our way to Fishkills, agreeable to an adjourn- ment of the Convention, we are informed that the army on Long island is removed to the city of New-York, and anxiety to know the fact, as well as to be informed whe- ther you think any measures necessary for us to take, in- duces us to trouble your Excellency at this time for an answer hereto. We have ordered last night all the militia of the counties of Ulster, Dutchess, Orange and West- chester to be ready on a minute's warning with five days' provisions. We shall wait the return of our messenger at this place, and are, " Sir, your most obedient and very humble servt. " By order. " His Excellency Genl. Washington." Ordered, That the same be copied, and transmitted by express. A letter from Brigadier-Genl. Clinton, dated at King's Bridge, Augt. 30th, 1776, was read, and is in the words following, to wit : " Gentlemen — The brigade under my command mur- mur extremely for want of the remaining bounty due to them. It is my opinion that when they are mustered by the Continental Muster-Master that there will be no deficiency in the muster-rolls sworn to by the colonels of the respec- tive regiments and returned to your Convention ; I there- fore wish most earnestly that the Convention would dis- pense with that part of the resolution with respect to the levies that relates to the mode of mustering my brigade, as it is very uncertain when they can be mustered agreea- ble to the manner therein prescribed. As from the present situation of our military operations it is extremely proba- ble that our army will make the grand stand at the post I occupy, and as it is of the utmost consequence that har- mony should prevail amongst the troops, I flatter myself the Convention will have no scruple in complying with my request. I shall desire General Washington to have my brigade mustered as soon as possible, and shall make a regular return to the Convention of the whole brigade. " I am, gent, your most obt. servt. " GEO. CLINTON, " Brigr. Genl. " The Honble. the Convention of the State of New- York." The said letter being immediately taken into considera- tion, Resolved and Ordered, That the Treasurer of this State pay to Genl. Clinton, or his order, the sum of seven thou- sand pounds, and that Genl. Clinton account for the same to the Convention or a future Legislature of this Stale. Colo. Thomas informed the Committee that he had in his hands the sum of two hundred and fifty-one pounds twelve shillings, being part of the interest of the loan office money due from the county of Westchester ; and prays to know the opinion of the Committee with respect to the disposal of it. Thereupon, Resolved and Ordered, That the said Colo. Thomas pay the above sum into ihe hands of the President of this Committee, and that the President give his receipt, and pay the same to the Treasurer of this State ; and that this order shall be considered by the supervisors of Westches- ter county as a voucher for the sum so paid, in as full and 151 ample manner, as if the same had been paid to Abraham Lott, Esqr. the late Treasurer of this State. Genl. Clinton informed the Committee that a considera- ble number of the cartridges which were lately ordered from Mr. Norwood's store in New- York to his encamp- ment were damaged by the rain in coming up the river to King's Bridge, and prayed to know the sense of the Com- mittee with respect to the disposal of them. Ordered, That Genl. Clinton be requested to send the damaged powder contained in the said cartridges to ihe powder mills of John R. Livingston, Esqr. in Dutchess county, who is desired to remanufacture the same, and that this Committee pledge the public faith for defraying the contingent expenses. Captain Brinton Payne's examination relative to John Woolly being taken, is as follows, to wit : " The examinant having observed that a boat went from the house of one Woolly, on Long island, to the ships of the enemy, took with him a party of men on the night of the 29th of Augt. inst. and crossed the Sound to the house of the said Woolly ; that having paraded his men as they were going toward the river, they were met by John Woolly, who is the owner of the above mentioned boat, as this examinant has been informed, and another person whose name he has forgot ; that he imagines from their conduct that they mistook him for a person belonging to the ships ; that he charged him with having been on board ; that Woolly owned he had been on board but al- ledged that he had been taken by the barge of the ene- my's ships ; that they refused to give to this examinant any information of the state of the shipping. (Signed,) "BRINTON PAYNE." Resolved, That Genl. Clinton be requested to cause fur- ther examinations to be taken relative to the Captain John Woolley and his companions; and that he cause the said John Woolley and the person apprehended with him to be sent under a sufficient guard to Poughkeepsie jail, in Dutch- ess county ; and that a copy of this order, sent by Genl. Clinton, shall be a sufficient mittimus to the jailor of the said county. Mr. Ebenezer Hazard, deputy postmaster for the New- York department, waited on the committee and requested their opinion on the most proper place of safety and con- venience to the public to which he should remove his office, as an invasion of the city of New- York is hourly expected : Whereupon, Resolved, That it is the opinion of this Committee of Safety that Mr. Hazard, postmaster for the district of New- York, should immediately remove his office to some con- venient place near Dobbs' ferry, till further orders from the Postmaster-General. Whereas the Convention have granted an exemption from military duty to Mr. Charles Shaw : And whereas Richard Morris, Esqr. is exempted therefrom by his com- mission, agreeable to the regulation of the militia of this State : Notwithstanding which, as this Committee are in- formed, Captain Varian insists on their serving in the mili- tia, this Committee are of opinion that Capt. Varian should, agreeable to the resolution of the Convention of this State, consider the said Charles Shaw and Richard Morris as ex- empt from military duty, and that a contrary conduct will be considered as a high contempt of the authority of this State, and punished as such. AT THE HOUSE OF MR. ODELL. Philipse's Manor, Augt. 3lsl, 1776. The Committee met. Present — Abraham Yates, Junr. Esquire, Mr. Robt. R. Livingston, Mr. Duer, Colo. Van Cortlandt, Colo. Van Rensselaer. 'A letter from Genl. Washington, dated yesterday, was received and read, and is in the words following, to wit : JOURNAL OF THE COMMITTEE OF SAFETY. 603 "Augt. ZOth, 1776. " Sir — Your favour of this date is just come to hand. Circumstanced as this army was in respect to situation, strength, &c. it was the unanimous advice of a council of General officers to give up Long island, and not by divid- ing our force be unable to resist the enemy in any one point of attack ; this reason, added to some others, particularly the fear of having our communication cut off from the main (of which there seemed to be no small probability,) and the extreme fatigue our troops were laid under in guarding such extensive lines without proper shelter from the weather, in- duced the above resolution. " It is the most intricate thing in the world, sir, to know in what manner to conduct one's self with respect to the militia. If you do not begin, many days before they are wanted, to raise them, you cannot have them in time ; if you do they get tired and return ; besides being under very little order or government whilst in service. However, if the enemy have a design of serving us at this place, as we apprehend they meant to do on Long island, it might not be improper to have a body in readiness to prevent or retard a landing of them, on the east side of Harlem river if need be. In haste, and not a little fatigued, " I remain with great respect and esteem, sir, " Your most obedt. hble. servt. " GO. WASHINGTON. " The Hon. Abm. Yates, Esqr. Presidt. of the Congress of the State of New- York." The said letter was immediately taken into considera- tion, and the Committee came into the following resolution, to wit : Whereas from the operations of the enemy, and the intelligence lately received, there is strong reason to think that their army intend to make a landing at or near King's Bridge, in order to cut off the communication betwixt New- York island and the main : Resolved, That the inhabitants of New- York island and those parts of Westchester county, which are most expos- ed to the depredations of the enemy, do forthwith drive their horned cattle, horses, hogs and sheep into the interior part of this State ; and that Genl. Washington be request- ed to make this order public, and to give all possible assis- tance in carrying it into execution when he shall think ne- cessary. A draft of a letter to Genl. Washington, in answer to his received this day, was read and approved, and is in the words following, to wit : "Augt. 31, 1776. " Sir — We had the honour of your Excellency's letter of yesterday, and see the weight of the reasons which in- duced you to quit the lines on Long island. We acknow- ledge the difficulty of managing the militia so as to render them useful, which is in some measure owing to their be- ing ill appointed and unused to camp, and of consequence suffering more than those who have got into a regular way of providing against inconveniences. " We are so fully satisfied of the enemy's design to land above New- York, and of the mischiefs that will result therefrom, that we can not by any means advise your Ex- cellency to trust its prevention to any militia which we can at this time call out, who after the great drafts we have al- ready made, can not be expeditiously collected well — ill armed, and, we fear, some of them not so well affected as we would wish. We know no country so capable of be- ing defended as that above the bridge ; should the enemy once occupy it, we have reason to dread the consequences. We take the liberty to hint these things to your Excellency, though we are persuaded they have not escaped your ob- servation, in order to convince our constituents, and the rest of the Continent engaged in the same cause, that we are willing to make any sacrifices which the general inte- rest demands. " We enclose a resolution for the removal of the cattle from the island of New-York, which your Excellency will cause to be executed, if you think it necessary, as we have no force that we can trust with its execution. " We can not but hope that the Commissary will give every relief to the inhabitants, by purchasing from them all the stock that are fit for the use of the army. We have directed Col. Smith to go to Long island, in order to de- stroy the cattle which will otherwise serve as a supply to the enemy. " If by calling in the out-posts the force of our army is so much concentrated that any part of them could safely be spared, we are fully persuaded that 3,000 rangers would be very usefully employed on Long island, and not only harass the enemy but prevent their foraging parties from ever getting beyond the plains, which extend quite across the island, and by that means save at least two- thirds of it from the enemy. Your Excellency knows how to pardon, on the score of our anxiety for the general wel- fare, our stepping somewhat out of the regular line, and suggesting such ideas as our knowledge of the country in- duces us to believe useful. " We have the honour to be. " His Excellency Genl. Washington." Ordered, That a copy thereof be engrossed, signed by the President, and, together with the aforegoing resolutions relative to the driving the cattle from New-York island, be immediately transmitted by express. Colo. Jeromus Remsen followed the Committee from Harlem, and requested to know the sense of the Commit- tee relative to the disposition of the regiment of militia un- der his command, and lately come from Long island. After mature deliberation, the Committee came to the following resolutions, to wit : Whereas Colo. Remsen's regiment is composed of the inhabitants of Kings and Queens counties which said coun- ties are at present occupied by the enemy : And whereas it is the duty of the Representatives of this State diligently to watch over the safety of their constituents, and to pre- vent their falling into the hands of a tyrannical enemy who may compel them to bear arms against their country : Therefore, Resolved, That it be earnestly recommended to such of the said militia, who are attached to the cause of this invad- ed country, to form themselves into companies, consisting of one captain, one lieutenant, one ensign, three sergeants, three corporals, one drum, one fife and fifty privates. Resolved, That these companies be commanded by the same colonel, captains and subalterns, under whom they have hitherto served ; and in case any officer or officers should decline accepting his or their commissions, the same should be tendered to the next commisioned officers in rank, till the whole companies are properly officered ; and that in case from the decline of a sufficient number of officers to accept commissions there should be any vacan- cies, the company where such vacancy may be shall no- minate an officer to whom the Convention of this State will grant a commission whenever the said nomination shall be approved of by Brigadier-General Woodhull and Colo. Remsen. Resolved, That these troops when raised shall be entitled to Continental pay and rations, with a bounty of four pounds to each man on passing muster, and that they con- tinue in service till the last day of December next ; and that if any men should choose to enlist for the space of three years, or during the war, they shall receive a bounty of twenty dollars per man on passing muster. Resolved, That each man furnish himself with a good gun, or musket, cartouch box or bullet pouch, a blanket and knapsack, and every six men with a pot or camp kettle. Resolved and Ordered, That Colo. Remsen, with his regiment of militia, join Genl. Clinton at King's Bridge till further order from the Convention, or Committee of Safety of this State ; and that he be authorized to grant furloughs to such of his militia, of whose attachment to the American cause he is well assured, to visit or remove their 604 JOURNAL OF THE COMMITTEE OF SAFETY. families from Long island. Provided always, that no man obtaining such furlough be permitted to carry his arms with him. Resolved and Ordered, That the President pay to Colo. Remsen the sum of two hundred and fifty-one pounds twelve shillings, in payment of the pay due to his regi- ment of militia, taking his receipt for the same. Which said sum the President immediately paid to Colo. Remsen in presence of the Committee. A letter from Robt. G. Livingston, dated at Newark, Augt. the 27th, 1776, setting forth that Captain Anthony Rutgers refuses to receive from him in payment Continen- tal money, was read and filed. Ordered, That the said letter be referred to the Con- vention. The Committee proceeded to Croton river, at the house of Jno. Blagge. The Committee taking into consideration the necessity of having the earliest intelligence, came to the following resolution, to wit : As in the present alarming situation of affairs it is ne- cessary that the Convention of this State should have the earliest intelligence from the northern and southern armies, be it Resolved, That Mr. Hazard, postmaster for the New- York department, be requested to direct the post between New-York and Albany to ride for the present time on the east side of Hudson's river weekly ; and that a letter be written to the Postmaster-General on this subject, inform- ing him of the reasons on which this resolution is founded. Colonel Van Cortlandt introduced a letter from James Teller, which was read. Thereupon it was Resolved, That it is the opinion of this Committee that Mr. James Teller is entitled to the rank of captain. And Ordered, That he join Genl. Clinton's brigade with all possible despatch ; and that he apply to Colo. Thomas for the first moiety of bounty due to his men, showing him this resolution. FISHKILL, IN DUTCHESS COUNTY. September the 2nd, 1776. The Committee of Safety met. Present — Abraham Yates, Junr. Esqr. Presidt. Colo. Van Cortlandt, Mr. Duer, Colo. Van Rensselaer— Committee members. Mr. Duane, Colo. Livingston, Mr. Cuyler, General Ten Broeck. Colonel Van Rensselaer informed the Committee that he had received intelligence that the garrisons in forts Con- stitution and Montgomerie were ill armed and otherwise in a situation ill calculated to annoy the enemy. The Committee taking the same into consideration, came to the following resolution : Resolved, That General Ten Broeck, Mr. Duane, Mr. Cuyler and Colo. Livingston, be a committee to visit forts Constitution and Montgomerie, and that they report with all possible despatch the state of the works, the number and health of the soldiers, the condition and number of their arms, the quantity of ammunition, ball, &c. the num- ber of gunners, matrosses, &c. and every other matter which may tend to give to the Convention of this State a full and clear view of these important fortresses. Resolved, That the said committee show General Clin- ton a copy of the above resolution, and that they request him to give all possible assistance in carrying the same into execution. Fishkill, P. M. September the 2nd, 1776. The Committee of Safety met. Present — Abraham Yates, Jur. Esqr. Presidt. Colo. Van Cortlandt, Colo. Van Rensselaer, Mr. Duer— Of the Com- mittee. Mr. Stephens, Mr. Sessions — Members for Cumberland county. Mr. Moore, Mr. Harper, Mr. Veder — For Tryon county. Mr. Ten Broeck, Mr. Adgate— For Albany county. Colo. Williams, Mr. Webster— For Charlotte county. A member informed the Committee that a number of in- digent infirm persons who had been sent out of the city of New-York by the committee for that purpose appointed, have been on board a sloop at Fishkill Landing 8 or 9 days ; and that they complained much of their distressed situation. Whereupon it was Resolved and Ordered, That Mr. Peter Murford, acting chairman of the committee of Rumbout precinct, be re- quested to attend this Committee at 9 o'clock to-morrow morning. Ordered, That the Secretaries furnish him with a copy of this order. TUESDAY, a. m. Fishkill, September the 3d, 1776. The Committee met. Present — Abraham Yates, Junr. Esqr. Presidt. Mr. Duer, Colo. Van Rensselaer, Colo. Van Cortlandt, Mr. Schenk — Of the Committee. Mr. Robt. Harper, Mr. Contine, Colo. Williams, Mr. Adgate, Mr. Harper, Mr. Webster, Mr. Ten Broeck, Mr. Sessions, Major Lockwood, Mr. Sacket, Mr. Bancker, Mr. Veder, Mr. Smith, Colo. Dewit Mr. Murford, the deputy chairman of Rumbout precinct, pursuant to the order of yesterday, attended. He informed the Committee of Safety that by reason of his absence the said committee had not met till yesterday, that they have proceeded to the consideration of devising means to provide for the indigent persons now at Capt. Bushe's landing, and lately sent from New- York by order of that committee, and that some part of the committee of Rumbout are to meet this afternoon, on that service. Ordered, That Major Schenk give his aid to the said committee, in placing the said poor agreeable to their me- rits, and a maintenance supplied to them. Ordered, That the Treasurer of this State, pay to Pe- ter Montfort, Esqr. deputy chairman of the committee of Rumbout precinct, on his receipt, the sum of one hundred pounds on account, to be applied to the maintenance of the poor lately sent from the city of New- York to Fishkill landing, the committee to be accountable, and render an account of the disposition and expenditure of that money. A letter from Genl. Washington was received and read, to wit : " New-York, Septr. 1st, 1776. " Sir — I was yesterday honoured with your favour of that date, and should have answered it by the return of the person who brought it, had I not been engaged then in a multiplicity of business, which occasioned me to forget it till he was gone. " In respect to the cattle on this island, I shall desire the commissary to purchase as many of them from the inha- bitants as he can conveniently, and will afford every assis- tance the situation of affairs will admit of, to have the re- mainder secured. But as to those on Long island, it is impossible for me to take any measures, or give any assis- tance, to prevent their falling into the enemy's hands. " I am persuaded the number of rangers you mention were they to exert themselves, might be of service, and annoy the foraging parties of the enemy not a little. But, sir, I cannot spare any men for that purpose. Though our force is called in from the outposts, and collected upon this island, yet it will not be more than competent to the defence of the several lines necessary to be maintained. Nor is it perhaps so great by any means as common estimation and report make it. " I am extremely obliged by your opinion on the de- JOURNAL OF THE COMMITTEE OF SAFETY. 605 fencible state of the grounds above King's Bridge, though they had not escaped my observation ; their importance I am fully sensible of, and as far as the critical situation of things will allow, their defence shall be attended to, to pre- vent, if possible, the enemy from possessing them. " 1 have the honour to be, " Very respectfully, sir, " Your most obedt. servt. " GO. WASHINGTON. " P. S. — As the posts at King's Bridge are of such great importance, I think it will be well and extremely necessary to be favoured with your friendly exertions in affording every aid in your power for their defence. Cannot some more militia be prevailed on to give their assistance, and in whom you can confide ? I will not enlarge, being fully assured you will do all you can." Ordered, That Major Lockwood proceed immediately to Westchester county, or elsewhere, and endeavour to see Colo. Smith and Colo. Remsen, in order to obtain intelli- gence from them of the state of their respective regiments ; and that he be empowered to order the said regiments to repair to Genl. Clinton's encampment at King's Bridge, in case Colo. Smith finds it impracticable, from the disposition of his troops, or other circumstances, to transport them to Long island; and that he inform Colo. Smith in confidence that means have been devised, and are now actually carry- ing into execution to give him assistance in opposing the enemy on Long island. And, Resolved, That Major Lockwood be empowered to im- press horses wherever he may have occasion for the same, to expedite his journey. Whereas the Committee of Safety have received infor- mation that the regiments of levies commanded by Colo. Smith, are either dispersed, or have been disbanded with- out the permission of this State, and that sundry men in Colo. Remsen's regiment of Kings and Queens county militia, have been suffered to disperse, and take their arms with them, contrary to an express order from this commit- tee. Therefore, Resolved unanimously, That Genl. Clinton be request- ed to inquire into the truth of such intelligence, and that in case he finds the same true, that he be authorized to use the most effectual means of apprehending and detaining as manv of the said levies and militia as possible, even if they produce passes, till further order of the Convention or the Committee of Safety of this State, it being of the utmost consequence to the public safety that so large a number of armed men should not be added to the enemy's power on Long island. Resolved unanimously, That it be recommended to the committees of Westchester, Horseneck, Stamford and Nor- walk, diligently to watch all boats passing from the main to Long island, and to suffer no soldier belonging to any regiment in the service of this State to pass over to Long island armed, even though he should produce an officer's pass ; and that Major Lockwood be requested and autho- rized to forward copies of this resolve to the said commit- tees respectively by express, if he finds that Colo. Smith's and Remsen's regiments are either dispersed or disbanded, and have received no orders to rendezvous on Long island. Mr. Gerardus Bancker informed a member of the Con- vention, that on Saturday last at the White Plains, he heard Manning Bull say that Brigadier-General Woodhull was taken prisoner on Long island, and that soon after, on the same day, he heard Doctor Robt. Graham say the same. In consequence of the said information, suspicion arose in the minds of the members whether a correspondence is not kept up between some person or persons in Westches- ter county and the enemy on Long island. Thereupon a letter was written to the committee of West- chester county, in the words following, to wit : " Sir — This committee have been informed that Doctor Graham and Manning Bull had very early intelligence of 152 j General Woodhull's being taken prisoner on Long island. We are apprehensive that a correspondence is kept up be- tween those persons or some other in your county and the enemy. You are, therefore, earnestly requested to make strict inquiry into this matter, by inquiring of whom they had their information, and report your proceedings with all possible despatch. You will be pleased likewise to trans- mit to this Committee or the Convention your proceedings in the affair of Lownsbury, as also the commission and other papers found upon him. " We are, &c. " To the Chairman of the Committee of Westchester county." A letter from Philip Livingston, Esqr. one of our Dele- gates at Continental Congress, was received and read, and is in the words following, to wit : "Phila. 30th Augt. 1776. '■ Mr. Abm. Yates, Jttnr. " Sir— Your favour, dated the 23th, came to hand by the post, who returned before we had any opportunity to apply to Congress as vou desired ; the application was immediately agreed to, and their resolve to employ the blacksmiths (who are now engaged in building the frigates) for the purpose of obstructing the navigation of Hudson's river, is here enclosed. We wish much to hear from you what is done in that affair, and what more is proposed to be done. The advices from New-York respecting the at- tack of the British troops on our army on Long island, are very various and uncertain. We could wish to hear from you as often as time will permit ; our anxiety, as you may easily judge, is not small, and particular accounts as often as possible would be very agreeable ; many particulars that most chiefly concern us as members of your State, and are more interesting now than ever, we are not informed of. We know you are much engaged in affairs of the greatest moment, but perhaps one of your Secretaries may find time to despatch us a few r lines every day or two. " A considerable number of troops have since Tuesday marched from here to Amboy, say about three thousand, and as many more will probably be despatched within one week more. Mr. Lewis and Colo. Floyd beg to assure you that they are, as well as the subscriber, " Sir, your most obedt. servant, "PHIL. LIVINGSTON." A resolution of Congress, enclosed in and of the same date with the aforegoing, was also read, and is in the words following, to wit : " Continental Congress, ? " Augt. 30, 1776. \ " The Convention of New- York having represented that, for want of blacksmiths, they are greatly delayed in obstructing the passage of Hudson's river, which is an ob- ject of great importance : "Resolved, That the Convention of New-York be em- powered to employ for the purpose aforesaid, the black- smiths that are now engaged in building the Continental frigates at Pouijhkeepsie. " Ordered, That the Secretaries transmit a copy of the said resolution to the secret committee without delay." P. M. September 3rd. 1776. The Committee met pursuant to adjournment. Present — Abraham Yates, Esqr. Presidt. Mr. Duer, Colo. Van Cortlandt, Colo. Van Ri.nsselaer, Major Schenk (of the Committee of Safety) Mr. Bancker, Mr. Harpur— For New- York. Mr. Sacket, Colo. Hoffman — For Dutchess. Mr. Yates. Mr. Adgate, Mr. Ten Broeck— For Albany. Judge Graham — Westchester. Mr. Smith— For Suffolk. Mr. Harper. Mr. Moore, Mr. Veder — For Tryon. Colo. Dewit— For Ulster. Major Webster, Colo. Williams — For Charlotte. Mr. Stephens, Mr. Sessions — For Cumberland. COG JOURNAL OF THE COMMITTEE OF SAFETY. It being suggested that the military stores of lead, &c. belonging to this State, and which were lately by order of the Convention sent to the White Plains, in Westchester county, are in danger, from the number of disaffected per- sons in that county, of being destroyed ; thereupon the Committee came to the following determination, to wit : Whereas this Committee have reason to think that the stores belonging to this State, which are stored in West- chester county, are by no means secure from the designs of our open or secret enemies. Therefore, Resolved, That the chairman of the committee of West- chester county deliver to the bearer hereof, Mr. John Cre- gier, all the stores belonging to this State, and lately sent to be stored in the said county by order of the Convention of this State. And Mr. Cregier is hereby requested and authorized to convey the same to the landing at Tarry Town, and from thence by water to the Fishkill Landing. Resolved farther , That the said committee be requested to furnish a proper guard over the said stores until the ar- rival thereof at the Fishkills as aforesaid ; and also that they afford Mr. Cregier all the aid in their power in the execution of this business : And Ordered, That the Treasurer of this Convention ad- vance to Mr. John Cregier the sum of sixty dollars to en- able him to pay the expenses of transporting the stores be- longing to this State from Westchester county to the Fish- kill Landing, and take his receipt to account for the same. DIE MERCURII, 9 ho. a. m. Sept. 4th, 1776. The Committee met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. Mr. Robt. Harper, Mr. Evert Bancker, Mr. James Duane — New- York. Mr. Sacket, Colo. Hoffman — Dutches. Mr. Harper, Mr. Moore, Mr. Veder, Mr. Newkerk — Tryon. Mr. Abra. Yates,* Mr. Adgate, Colo. Van Rensselaer,* Mr. John Ten Broeck, Mr. Cuyler, Colo. Livingston, Genl. Ten Broeck — Al- bany. Major Webster, Colo. Williams, Mr. Duer*— Charlotte. Mr. Wm. Smith— Suffolk. Mr. Wisner, Colo. Allison. Mr. Jos. Smith— Orange. Mr. Sessions, Mr. Stevens — Cumberland. Colo. Dewitt, Mr. Tappen— Ulster. Colo. Van Cortlandt,* Judge Graham — Westchester. The names marked with an asterisk are members of the Commit- tee of Safety. "The committee to whom was referred the consideration of the resolution of the Convention of this State relative to the calling out the militia of Westchester, Orange, Dutchess and Ulster, and the consideration of General Washington's letter of Sept. the 1st, report that they have maturely considered the state of the counties of Orange, Dutchess, Westchester and Ulster, both with respect to their militia and the number of disaffected persons in the said counties, and upon the whole, are of opinion that it will not be for the safety of this State or the general inte- rest of America to order out any more of the militia from the said counties ; and they submit to this Committee of Safety the following reasons, among others, which have induced them to form this opinion : " 1st. That from the best information they have been able to obtain, the number of armed and well affected mi- litia in the said counties do not exceed three thousand one hundred ; the number of disarmed and disaffected persons 2,300 ; and the number of slaves 2,300 ; from a compari- son of these numbers, and from our firm opinion that the disaffected only wait an opportunity of rising ; that Gene- ral Howe is actually endeavouring to enlist men in most of those counties, and that our enemies would not scruple to stir up our slaves to bear arms against us, it would be extremely hazardous to the internal peace of the said counties to draw out at present any more of their militia. " 2nd. That from the situation of the county of West- chester, which borders boih on the Sound and Hudson's river, and the counties of Dutchess, Ulster and Orange, on the North river (the channel of which we have no rea- son to think sufficiently obstructed) the enemy might land to the northward of our posts at King's Bridge, and take possession of those counties without any possibility of a resistance from the militia. " 3rdly. That from the want of tents or sufficient houses, the militia would be extremely exposed to the in- clemencies of weather and other hardships, which added to the arts of the tories in the construing into a defeat the late prudent retreat from Long island, and the present in- convenient season of the year, would, we fear, prove too severe a trial for the virtue and patriotism of common sol- diers, and disgust them so as to prevent their being of ser- vice to the State on a still more critical occasion. " This appears to have been lately the case both of the militia and new levies on Nassau island. They, therefore, submit it to the wisdom of the Committee of Safety, whe- ther it would not be advisable to send an express immedi- ately to General Washington, informing him, from the rea- sons above mentioned, of our inability to call forth at pre- sent any more of the militia of the said counties ; assuring him, nevertheless, that the whole militia of these counties who are armed, shall be ready to march on the earliest no- tice, whenever they receive orders from either himself or Genl. Clinton, of the absolute necessity of such march." Resolved, That this Committee of Safety does agree with their sub-committee in the said report. And, Ordered, That a copy thereof be prepared and certified, to be forwarded to General Washington. Ordered, That His Excellency General Washington's letter of the first instant be recommitted to the former com- mittee, with the addition of Judge Graham. Die Mercurii, 4 ho. P. M. Sept. ilh, 1776. The Committee met pursuant to adjournment. Present — Abraham Yates, Junr. Esquire, President. Mr. Robt. Harper, Mr. Bancker, Mr. Duane — New-York. Colo. Van Cortlandt,* Judge Graham — Westchester. Mr. Sessions, Mr. Stevens — Cumberland. Mr. Ab. Yates,* Mr. Adgate, Colo. Van Rensselaer,* Mr. Jno. Ten Broeck, Mr. Cuyler, Genl. Ten Broeck, Colo. Livingston — Albany. Mr. Wm. Smith— Suffolk. Mr. Wisner, Colo. Allison, Mr. Jos. Smith — Orange. Colo. De Witt, Mr. Tappen— Ulster. Mr. Harper, Mr. Moore, Mr. Veder, Mr. Newkerk— Tryon. Mr. Sackett, Major Schenk*— Dutches. Major Webster, Colo. Williams, Mr. Duer*— Charlotte. N. B. Those gentlemen whose names are marked with asterisks, are a quorum of the Committee of Safety. A draft of a letter to His Excellency General Washing- ton, to accompany the report of the sub-committee of this Committee on His Excellency's letter of the first instant, was read and approved, and is in the words following, to wit : " Sir — I enclose to your Excellency, by order of the Committee of Safety, a copy of a report which relates to a part of your letter of the first instant, respecting the call- ing out more of the militia of this State, for the purpose of reinforcing the posts at King's Bridge. " It is with extreme concern that the Committee of Safe- ty see their inability to assist further in maintaining the im- portant posts ; they flatter themselves that the reasons which they have offered, will appear as satisfactory to your Excellency as they did to the Committee. " I am, however, directed to assure your Excellency, that the whole militia of the counties of Ulster, Orange, Dutchess and Westchester, shall be ready to march when- JOURNAL OF THE COMMITTEE OF SAFETY. 607 ever your Excellency or General Clinton shall think it ab- solutely necessary ; and to inform you that the Committee of Safety will immediately exert themselves in arming with lances all such of the well affected militia as are at present destitute of firearms. " I have the honour to be, most respectfully, " Sir, your most obedient hum. seivant. " To His Excellency." Ordered, That a copy of the said letter be engrossed, and signed by the President, and transmitted. Whereas many of the militia of the different counties in this State, who are well affected to the American cause, are not supplied with firearms : And whereas it is the duty of the Convention of this State, at this critical period, to arm the whole militia in such a manner as may prove most formidable to our inveterate and tyrannical enemies : Therefore, Resolved unanimously, That persons be appointed in the counties of Westchester, Orange, Dutchess, Ulster and Albany, for the purpose of procuring four thousand lances to be made with the utmost expedition, agreeable to such models as shall be sent to the respective counties. Resolved unanimously, That the following persons be appointed to procure the following proportion of lances af- fixed to their respective names in the counties under men- tioned, and that this Convention will pay all the necessary charges for canying this resolve into execution : In the county of Albany — Hermanns Wendell and Richd. Essels- tine, Esqrs 800 In Ulster county — Dirck Wynkoop and Robert Boyd, Esqrs 800 In Orange county — Henry Wisner and Joseph Smith, Esqrs 800 In Westchester county — Stephen Ward, William Millar and Thad- deus Crane, Esqrs. 800 la Dutches county — James Weeks, William Cnshman and Natha- niel Foster, 800 Lances 4000 JOURNAL OF THE PROVINCIAL CONVENTION. DIE JOVIS, 9 HO. A. M. Sept. 5th, 1776. The Convention of this State met pursuant to adjourn- ment in the Episcopal church at Fishkill. Present — Abraham Yates, Junr. Esquire. Mr. Robt. Harper, Mr. Duane, Mr. Bancker — For New-York. Mr. Sackett, Doctr. Crane, Mr. H. Schenk — Dutchess. Mr. Wm. Harper, Mr. Moore, Mr. Veder, Mr. Newkjrk — Tryon. Mr. Ab. Yates, Genl. Ten Broeck, Mr. Ccyler, Colo. Living- ston, Mr. Adgate, Mr. John Ten Broeck, Colo. Van Rensselaer — Albany. Mr. Dcer, Major Webster, Colo. Williams — Charlotte. Mr. Wm. Smith— Suffolk. Colo. Van Cortlandt, Judge Graham, Mr. Haviland— Westches- ter. Mr. Sessions, Mr. Stevens — Cumberland. Colo. De Witt, Mr. Tappen— Ulster. Colo. Allison, Mr. Jos. Smith, Mr. Wisner— Orange. This church being very foul with the dung of doves and fowls, without any benches, seats or other conveniences whatever, which renders it unfit for the use of this Con- vention. Therefore they unanimously agreed to adjourn to the Dutch church in this village, and adjourned to the same accordingly. The Convention met at the Dutch church at the Fish Kill pursuant to the above adjournment. Present — The President and Representatives above named. Colo. De Witt, from the committee appointed yester- day, to consider of and report on the difficulties stated on behalf of the committee of Kingston about the sale of tea and the removal of the prisoners of war now at Kingston, reported the following resolution and draft of a letter, which were respectively read, and agreed to, vizt : " Resolved and Ordered, That the Treasurer of this State advance to Colo. De Wilt the sum of one hundred and fifty dollars, to be by him transmitted to the chairman of the committee of Kingston in Ulster county, for the purpose of removing the prisoners of war now at King- ston, to Morris county in New-Jersey ; and the said chairman is hereby ordered to transmit to the Convention 153 of this State a regular account of the expenditure of this money." The draft of the letter to the committee of Kingston was read and approved, and is in the words following, to wit : " The Convention having it in contemplation to pass a general resolve respecting the tea within this State, a com- mittee for that purpose was appointed a few days before we adjourned from Haerlem to this place, but as several of the gentlemen appointed of that committee are not yet arrived, the Convention is prevented from completing that business ; I am therefore directed to acquaint you that the Convention expect you will use your utmost endeavours to keep peace and good order amongst you, till such resolu- tions are passed, in the best manner you can. " The old parols, together with a copy of a resolve of the Continental Congress respecting prisoners which were omitted at the time when the blanks were sent, you have here enclosed ; also a resolve to defray the expense of their removal. " I am your very humble servant, " By order. " To the Chairman and Members of the Committee at Kingston." Ordered, That a copy of the said letter be engrossed, and signed by the President, and together with a copy of the aforegoing resolution, transmitted to the committee at Kingston. John Woolley being examined, says he was on board of the British ships once lately ; that he was carried on board against his consent, and by violence ; that this hap- pened on last Wednesday a week, about noon, under the shore of Nassau island opposite to Frog's point ; that two ships were there, one named the Bloom, as appeared by the name on the stern ; that he went to bring a boat home to be unrigged, and by that means was taken ; that he was not ill treated on board the ship, and his boat was re- turned, the reason whereof was, he believes, that his brother had been on board, and has been a warm partizan for the British fleet and army ; that he could have gone on board frequently if he had chose it ; that he did not mean to join the enemy ; that a brother of his, the examinant, 610 JOURNAL OF THE PROVINCIAL CONVENTION. was with him when he was taken ; that he was asked on board if he could furnish them with provisions, or if they could be supplied in the neighbourhood? that he answered in the negative, and told them the cattle were all drove off; that he did not learn any of the designs of the ene- my, but heard some of the soldiers say that they expected a large reinforcement of 20,000 men ; that he is an asso- ciator ; that his father owned the boat he went for ; that Philip Wooley was with him when he was taken ; that they called him a rebel when he was taken ; that he saw Isaac Barns from the New City island in Westchester county on board, and also two negroes belonging to Henry Allen. John Wooley withdrew. Major Thorne, of Queens county, called in as a witness, says, that John Wooley has behaved peaceably, and lias not, to his knowledge, said or done any thing in the Ame- rican cause on either side ; that he has been excused from military duty as a ferryman, and that he is an invalid ; that he heard at Huntington that the Wooleys were removing their boats from his wharf to Capt.Wooley's, and were intercepted by a barge ; that Capt. Wooley's family, in general, through the influence of his son Thomas, is esteemed disaffected to the American cause. Mr. Stocker says that John Wooley has behaved very peaceably, and said nothing on either side in the American cause ; that Wooley's cattle has been removed ; and John Wooley says that he removed those that were brought to his house ; that he heard that Woo- ley's ferry boat was removed to Major Thornes' dock ; that he does not know nor has not heard that John Wooley has supplied the enemy's ships with provisions. The Committee determined to admit John Wooley to bail, if he can find two good sureties to be bound with him for his peaceable and good behaviour, and remaining on the main land in this State. The said John Wooley to be bound in the penalty of fifty pounds, and the said sureties in the sum of twenty-five pounds each. And Ordered, That the President inform the said John Wol- ley thereof, in time of the adjournment, and direct him to inform the Committee in the afternoon whether he can ob- tain sureties, and who they are. Ordered, That Mr. McKesson, one of the Secretaries, pay to Sergeant David Mills twelve shillings, by him paid for the passage of himself, two men under his command, sent up as a guard from Peekskill, with a prisoner taken, who had been on board of the enemy's ships of war in the river. That the Secretary take a receipt for the same. And Ordered, That the Treasurer repay to Mr. McKesson the said twelve shillings, and charge the same to Continen- tal account. Die Jovis, 4 ho. P. M. Sept. 5th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Mr. Robt. Harper, Mr. Bancker, Mr. Duane— New-York. Mr. Sackett, Doctr. Crane, Mr. H. Schenk— Dvtchet. Mr. Ab. Yates, Genl. Ten Broeck, Mr. Cuyler, Colo. Livingston, Colo. Van Rensselaer, Mr. Adgale — ilbany. Mr. Wm. Harper, Mr. Moore, Mr. Vcder, Mr. Newkirk— Tryon. Mr. Wm. Smith— Suffolk. Colo. Van Cortlandt, Mr Haviland, Judge Graham— Westchester. Mr. Duer, Major Webster, Colo. Williams — Charlotte. Colo. D. Witt, Mr. Tappen— Ulster. Mr. Wisner, Colo. Allison, Mr. Jos. Smith— Orange. Mr. Sessions, Mr. Stevens — Cmnberland. On motion, Ordered, That the Secretaries prepare the following number of commissions, to be signed by the President and attested by one of the Secretaries, and transmitted to the county committees hereafter mentioned, on the conditions prescribed in the resolution of the Convention of this State, of the day of last, vizt : 100 commissions for the county of Albany ; 50 commissions for the county of Tiyon ; 20 commissions for the county of Charlotte ; 6 commissions for the third battalion of Westchester county. On motion of the Deputies of Albany, Resolved and Ordered., That Harmen Van Bueren, Esqr. be appointed major of the seventh regiment of the militia of the county of Albany, and that a commission issue for that purpose. The petition of the committee of Tryon county, dated the instant, was read and filed. They therein set forth, that the militia of that county would be more advan- tageously regulated if a brigadier-general was appointed in that county, as the distance they are from Brigadier-Gene- ral Ten Broeck, whom they esteem, is a great inconven- ience. Brigadier-Genl. Ten Broeck, present, informed the Con- vention, that it is a disadvantage to the militia of Tiyon county, and an inconvenience to himself to have those mi- litia in his brigade, and the more especially as the major of brigade resides in Tryon county, at a great distance from him : Thereupon, Resolved, That the militia of Tryon county be formed into a brigade separate from the militia of Albany. And whereas, Nicholas Herkhiemer, Esqr. is justly entitled to be appointed the brigadier-general of the brigade of militia of Tryon county, as well from his military rank in that, county as from his great merit and many exertions in the present glorious struggle for liberty : Therefore, Resolved unanimously, That Nicholas Herkhiemer, Es- quire, be appointed brigadier-general of the militia of Tryon county, and that a commission issue to him accordingly for that purpose. And Ordered, That John Frey, Esqr. be reappointed brigade- major of that brigade. On motion of Mr. Duer, the Convention came to the fol- lowing resolution for the removal of the bells from city of New-York, vizt : Whereas, the King of Great Britain is studiously en- deavouring, by every means which artifice and lawless power can devise, to deprive the inhabitants of the United Slates of America of ammunition, cannon, and every war- like store, in order that they may fall a more easy prey to his tyrannical purposes, which cowardly designs have un- happily so far succeeded, that this State is now dislressed by the want of sufficient arms to resist the powerful and unnatural enemy by whom they are invaded : And where- as, the duty which the representatives of a free people owe both to God and their country, obliges ihem to make every possible exertion to procure arms and ammuniiion, in order to defend their rights and liberties, which are derived from the Supreme Being, and which posterity have a right to claim as an unencumbered inheritance : Therefore, Resolved unanimously, That His Excellency General Washington be requested and authorized to cause all the bells in the different churches and public edifices in the city of New-York, to be laken down and removed to New- Ark, in New-Jersey, with all possible despatch, that the fortune of war may not throw the same into the hands of our enemy, and deprive this State at this critical period of that necessary, though unfortunate, resource for supplying our want of cannon. Resolved, That a copy of ihis resolution be sent to the ministers, elders, or church wardens of the respective churches, in order that the weight and value of those bells may be ascertained. And the Convention of this State pledge the public faith that the respective churches shall be furnished with bells of equal goodness and value, when- ever their constituents, free from the apprehension of having their civil and religious rights violated by any earth- ly power, shall be enabled to return their public thanks to the Supreme Ruler of the Universe, for graciously rescuing them from the gulf of tyranny. A draft of a letter to His Excellency General Washing- JOURNAL OF THE PROVINCIAL CONVENTION. ton, was read and approved of, and is in the words follow- ing, to wit : " Sir — I am directed by the Convention of this State, to transmit to your Excellency a copy of a resolution which they entreat may be carried into execution with all possible despatch. It is with extreme concern that we find our- selves under the disagreeeble necessity of having recourse to this unhappy but necessary expedient, or of troubling your Excellency with a commission of this nature. But the critical situation of this Slate, the want of brass field pieces, and our inability to have this resolve executed by the committee of the city of New-York on account of their absence from the city, reduce us to the dilemma either of adopting this measure, or of neglecting the public safety. They therefore trust that your Excellency's zeal for the pub- lic service will induce you to pardon the liberty they take of troubling you on this occasion. " I have the honour to be, " With the greatest respect, &c. " His Excellency Genl. Washington." Ordered, That a copy of the said letter be engrossed, and signed by the President, and, together with a copy of the last foregoing resolution, transmitted to His Excellency by Sampson Dyckman, the messenger. The President informed the Convention that John Wooley offers as his sureties Major Richard Thorne and Stocker, both of Queens county, of which the Convention approved. Ordered, That the Secretary present draw a proper bond for that purpose, and see it duly executed by the said John Woolley and his sureties. Major Schenk informed the Convention that a quantity of oil said to belong to this State, is stored in a store house, near Bushe's Landing, and that it is in a leaky condition, and wasting fast. Ordered, That Major Henry Schenk be and is hereby authorized and requested to take proper care of the said oil, and direct the same to be properly coopered so as to preserve it from wasting. The application or petition of Henry Chase, a prisoner in the jail of Westchester county, was read and filed. He thereby prays to be brought to a trial, or discharged. Ordered, That the consideration thereof be deferred, until more important matters before the Convention are despatched. The petition of Colo. Benjamin Birdsal, acting as cap- tain of a company in Colo. Smith's regiment, of Nassau island, was read and filed. He thereby prays for money to discharge the bounty due to his men. Ordered, That the consideration thereof be deferred un- til Colo. Birdsall can be examined before this Convention to-morrow. The bond of John Wooley, and the condition, were brought into the Convention, and read, and ordered to be filed. Mr. Dnane from the committee who visited the fortifica- tions on Hudson's river, produced a number of returns made by various officers there, and gave the Convention the following information, in substance : 1st. That Genl. Clinton told them that he thought the provisions deficient ; that on inquiry they found a quantity of damaged pork in barrels there, which, from some infor- mation they received, was in general bad when sold for the use of the garrison, with a little good pork packed as a cover in each end of the barrels. 2d- That the fire rafts are in such a state as not to be fit for use, having in part water in them, ar.d that the Ge- neral does not know what to do wilh them. 3d. That at Fort Montgomery an armourer wilh the tools of his trade is much wanted. 4lh. That there is a great want of men at forts Montgo- mery, Constitution and Ked Hook ; that the last mentioned work is very imperfect, but will be extremely useful ; that one thousand more men the General would think 611 necessary for the fortifications, exclusive of Red Hook ; that spades, shovels, pickaxes, shot, lead, sheep skins, langrage, and many other things are wanting there ; that the General desires a reinforcement of men, and that they may be armed. And he gave an account of the number of cannon there, and the weight of their metal. Mr. Duane then moved that 500 militia may be imme- diately ordered to reinforce these garrisons, to be detached from Ulster, Orange and Dutches. Debates arose ; and the consideration thereof is deferred till to-morrow. DIE VENERIS, 9 ho. a. m. Sept. 6th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Mr. Bancker, Mr. Duane, Mr. Robt. Harper — New-York. Mr. Sackett,-Doctr. Crane, Mr. H. Schenk— Dutches. Mr. Ab. Yates, Genl. Ten Broeck, Mr. Cuyler, Colo. Livingston, Colo. Van Rensselaer, Mr. Adgaie — Albany. Mr. Wm. Harper, Mr. Moore, Mr. Veder, Mr. Newkirk — Tryon. Mr. Wm. Smith— Suffolk. Colo. Van Cortlandt, Mr. Haviland, Colo. Drake — Westchester. Mr. Duer, Major Webster, Colo. Williams — Charlotte. Colo. D. Witt, Mr. Tappen— Ulster. Mr. Wisner, Colo. Allison, Mr. Jos. Smith — Orange. Mr. Sessions, Mr. Stevens— Cumberland. On motion, Resolved, That a messenger shall be sent for any mem- ber of this Convention, who shall absent himself without leave, and that the expense incurred thereby shall be de- frayed by the said member ; and that such member shall also receive a public reprimand from the Chair, for a con- tempt of the House. Mr. Duane, from the committee appointed to visit the forts Montgomery and Constitution, gave the Convention some further information relative to the state of those forti- fications. After some time spent thereon, Resolved, That it is of the utmost consequence to the safely of this State, and the general interest of America, that a reinforcement should be immediately sent to the forts Montgomery and Constitution, at Hudson's river. There- fore, Resolved unanimously, That six hundred men be, with all possible despatch, detached from the militia of this State and sent to the forts Montgomery and Constitution as a reinforcement to those garrisons. It was then proposed, and after some considerable time spent therein, it was agreed that the reinforcement for those garrisons be detached from the militia of Ulster, Albany, Dutches and Orange counties. A motion was then made by Mr. Duane, and seconded, that the proportion of men to be furnished by those coun- ties be as follows, to wit : from Ulster county 225, from Albany 150, from Dutches 150, and from Orange 75 men. Debates arose thereon. After some time spent thereon, a motion was made and seconded, that 25 men be taken from the number proposed to be raised in Ulster county and added to the number proposed to be raised in Dutches. Debates also arose thereon, and the question being put, it was carried in ihe affirmative by every county present, ex- cept Ulster, that is to say, for the affirmative, 20 voles, and for the negative, 4 votes. It was then proposed that the proportions of the militia from those counties be fixed as follows, vizt : From Ulster, 200 " Albany 150 " Dutches, 175 " Orange, 75 600 612 JOURNAL OF THE PROVINCIAL CONVENTION. Debates arose thereon, and the question being put, it was carried in the affirmative in manner following, to wit : For the affirmative. For the negative. Albany, 6 Orange, 3 Tryon, 3 Ulster, 4 Cumberland, 2 — Charlotte, 2 7 Westchester, 4 17 Therefore, Resolved, That the above reinforcement be detached from the militia of those four counties in the proportions above mentioned. Die Veneris, 4 ho. P. M. Sept. 6lh, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esquire, President. Mr. Harper, Mr. Bancker, Mr. Duane, Mr. Jay — New-York. Major Schenk, Mr. R. R. Livingston, Mr. Sackett, Doctor Crane, Mr. Gil. Livingston, Capt. Piatt — Dutches. Mr. Ab. Yates, Genl. Ten Broeck, Col. P. R. Livingston, Mr. Ad- gate, Mr. Cuyler, Colo. Van Rensselaer, Mr. John Ten Broeck — Al- bany. Mr. Wm. Harper, Mr. Moore, Mr. Veder, Mr. Newkerk — Tryon. Mr. Wm. Smith— Suffolk. Colo. Van Cortlandt, Mr. Haviland, Colo. Drake— Westchester. Mr. Duer, Major Webster, Colo. Williams — Charlotte. Colo. D. Witt, Mr. Tappen— Ulster. Colo. Allison, Mr. Jos. Smith, Mr. Wisner— Orange. Mr. Sessions, Mr. Stevens— Cumberland. The Convention resumed the consideration of the state of the garrisons and forts Montgomery and Constitution, and the works erecting at Red Hook ; after some time spent therein, the two following resolutions were agreed on and resolved, vizt : Resolved, That 150 men from that part of the county of Albany which is within and to the southward of the manor of Rensselaerwyck, including the city of Albany ; 175 men from the county of Dutchess ; 200 men from the county of Ulster, and 75 men from that part of the county of Orange which lies above the mountains, be immediately detached by ballot and marched to augment the garrisons at forts Montgomery and Constitution. Resolved, That the above reinforcement continue in ser- vice two months after their arrival at the said fortresses, and that this Convention will discharge them sooner in case sufficient garrisons of Continental troops shall be ordered to and arrive at those forts before the expiration of the said two months ; and that the militia so drafted shall be entitled to the same pay as are allowed to the Continental troops. A question then arose into what number of companies those levies should be disposed ; the same being fully con- sidered, Resolved, That the above levies be formed into compa- nies in the following manner, to wit : those from the coun- ty of Ulster into three companies ; those from Albany and Dutchess respectively into two companies each ; and those from the county of Orange into one company. On motion of Mr. Duer, Agreed, That the Convention immediately proceed to fix and appoint the field officers to command the said levies or detachments intended to reinforce the said garrisons. Mr. Duer then moved that the field officers to command the said reinforcement be appointed out of the counties of Albany, Ulster and Orange agreeable to the precedence or rank fixed for the said counties by the regulations for the militia of this State. Debates arose thereon, and the question being put, it was carried in the negative, in manner following, to wit: For the affirmative. For the negative. Ulster 4 Albany, 6 Orange, 3 Dutches, 5 Charlotte, 2 Tryon, 3 — Cumberland, 2 9 — 16 Therefore the said motion was overruled. On motion, Resolved, That the colonel to command that reinforce- ment be called into service from Ulster county, the lieute- nant-colonel from Dutches county, and the major from the county of Albany. Colo. De Witt then moved, and was seconded, that the troop of horse in Ulster county, now called out by Gene- ral Clinton, and the rangers which are raised in the said county, be considered as part of the troops to be raised by virtue of the resolutions passed this day. Debates arose thereon, and the question being put, it was carried in the negative. Ulster alone for the affirmative. Resolved, This Convention will, to the utmost of their power, comply with General James Clinton's requisitions for the support and supply of those fortifications. Colo. Van Cortlandt has leave of absence. DIE SABBATI, 9 ho. a. m. Sept. 7th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esquire, President. Mr. Robt. Harper, Mr. Jay, Mr. Duane — New-York. Major Lockwood, Colo. Gil. Drake, Mr. Haviland — Westchester. Mr. Yates, Genl. Ten Broeck, John Ten Broeck, Mr. Cuyler, Mr. Van Rensselaer, Mr. Adgate, Col. Livingston — Albany. Mr. Wm. Harper, Mr. Moore, Mr. Newkirk, Mr. Veder— Tryon. Colo. Dewitt — Ulster. Mr. Jos. Smith, Colo. Allison, Mr. Wisner — Orange. Mr. Duer, Colo. Williams, Major Webster — Charlotte. Doctr. Crane, Mr. R. R. Livingston, Mr. H. Schenk, Mr. Gil. Living- ston, Capt. Piatt— Dutches. Mr. Stevens, Mr. Sessions — Cumberland. The Convention was informed by several members that the stores from White Plains, for the remov.il whereof John Cregier was lately sent, are now arrived at Mr. Bo- gardus' Landing, in a small sloop or petliauger, under a guard of a sergeant and twelve men, who ought to be im- mediately discharged and furnished with provisions for their return. Ordered, That said stores be landed, and stored under the care of Nathaniel Sackett, Esqr. who is hereby ap- pointed a commissary for that purpose ; and that Mr. Sack- ett be and hereby is authorized and requested to furnish and provide the guard with provisions for their return. Mr. Smith, of Suffolk county, informed the Convention that a certain person of the name of Harrison is in the neighbourhood, and can give some information relative to the situation of the enemy and disaffected on Nassau is- land. Mr. Harrison says that the Ministerial troops have been to Oyster Bay and Hempstead ; that the disaffected inha- bitants have joined to assist the enemy, and proceeded as ar as Setaucket ; that General Howe has set guards to pre- vent any person coming off the island, or removing cattle ; that Isaac Ketcham has taken a commission and got some men; that Wm. Smith, of administers oaths of fide- lity or allegiance to the inhabitants, and that Thos. Smith, of Hog island, receives their submissions ; that Colo. Li- vingston is moving westward on the island with the militia ; that a number of men were going from Connecticut to bring off some gunpowder from Huntington, and a quan- tity of flour there which one Ireland had sold to the Mi- nisterial army ; that he saw Colo. Smith, of Suffolk coun- ty, in Connecticut. Ordered, That Colo. Dewitt, Mr. Wm. Smith and Mr. R. R. Livingston, be a committee to devise ways and means to succour the subjects of this State on Nassau is- land. On motion of Mr. Jay, Resolved, That a committee of safety and correspon- dence for that part of this State which lies below the High- JOURNAL OF THE PROVINCIAL CONVENTION. 613 lands, be immediately formed ; and that Colonel Remsen, Major Abeel and Major Peter P. Van Zandt, be that commit- tee. And, Ordered, That Mr. Duane, Mr. Jay, and Mr. Duer be a committee to draw up instructions for that committee of safety ; And Ordered, That Colo. Hoffman be excused from attend- ing at New- York as a correspondent, according to his late appointment for that purpose. Resolved unanimously, That the committee of safety and correspondence at New-York be appointed and autho- rized to take from the doors of the houses in the city of New-York all the brass knockers, and that they cause the same to be sent to some careful person at New Ark, in New-Jersey, with all possible despatch ; that the said committee keep as accurate an account as possible of the weight and value of them, and of the houses from whence taken, in order that satisfaction may be hereafter made to the respective owners. The residue of the morning was spent in preparing the resolutions for reinforcing the garrisons of the forts on Hudson's river. The long preamble prepared by Mr. Duane, and many other parts were read, amended and agreed to. Mr. Wisner, of Orange, moved, and was seconded, that a bounty be allowed to the militia now to be called into service in this State. Debates arose, and the question being put, the votes were as follows, vizt : For the affirmative. Cumberland, 2 Albany, 6 Orange, 3 11 For the negative. Charlotte, 2 Tryon, 3 Dutchess, 5 Westchester, 4 14 But by reason of the absence of several members, the consideration of allowing bounty is deferred till afternoon. Die Sabbati, 4 ho. P. M. Septr. 7th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Mr. Robt. Harper, Mr. Duane, Mr. Jay — New-York. Colo. Drake, Major Lockwood, Mr. Haviland — Westchester. Mr. Ab. Yates, Genl. Ten Broeck, Colo. P. Livingston, Mr. Adgate, Colo. Van Rensselaer, Mr. Cuyler, Mr. John Ten Broeck — Albany. Mr. Wm. Harper, Mr. Moore, Mr. Veder— Tryon. Colo. D. Witt— Ulster. Mr. Wisner, Colo. Allison, Mr. Jos. Smith — Orange. Mr. Webster, Colo. Williams, Mr. Duer— Charlotte. Mr. Robt. R. Livingston, Mr. Gilbt. Livingston, Mr. Plait, Doclr. Crane, Mr. Schenk — Dutches. Mr. Stevens, Mr. Sessions— Cumberland. The Convention resumed the consideration of the report of the committee who were sent to visit the forts Mont- gomerie and Constitution, and after some time spent thereon, and the completing of the resolutions designed for reinforcing the garrisons at those fortifications, with the preambles thereto, and the appointment of the officers to command such reinforcements, the same being finally read and agreed to, are in the words following, to wit : The committee appointed the second instant to visit and examine into the state of forts Moiitgomerie and Consti- tution, in the Highlands, laid before the Convention re- turns from different officers at those fortresses showing the condition and wants of the respective garrisons ; from which, and the report of the committee, among other things, it appears that there are at present no more troops in the Highlands than 764 ; whereof 398 are at Fort Mont- gomery and 216 at Fort Constitution ; that the troops con- sist of the militia of the State, excepting five companies of the Second New-York Continental Battalion. That to render Fort Constitution tenable, the west point that commands it, ought to be fortified ; that consi- derable progress is made in fortifying an advantageous 154 eminence on the western shore, a little to the south of Fort Montgomery, and within the reach of cannon, but it is still incomplete. That the remaining part of the said troops, being 150, is employed in erecting works on the east side of the river, about 3 miles below Fort Montgomery, at a place called Red Hook, near Peekskill, which are well calculated to prevent the enemy's landing on that side and becoming masters of the Highlands opposite to Fort Montgomery. That Brigadier-Genl. James Clinton, commanding at the said fortresses, informed the committee that exclusive of the post at Red Hook, an augmentation of one thou- sand men was requisite for completing and defending the fortresses under his direction, and earnestly requested that this Convention would immediately procure such reinforce- ment, as well as the several articles of ammunition, stores and necessaries hereafter specified, of which he stood in the utmost need. This Convention having duly considered the said repre- sentation and requisition, and well knowing how much the safety of this State, as well as the success of the united efforts of this oppressed Continent in the defence of our common liberties, must depend on maintaining the posses- sion of Hudson's river, and guarding it against the inva- sion which is to be apprehended from the enemy ; consi- dering at the same time, the little probability that it can at present be in the power of His Excellency General Washington to detach for this service any of the army which is employed in opposing the progress of the enemy in the southern parts of this State, the Convention must again have recourse to the good people of this State, not doubting but that, inspired by a virtuous love for their country, they will on an occasion so pressing, and at a period when their lives, their liberties and every temporal blessing are in imminent danger, stand forth with zeal and alacrity in the greatest and best of causes. Therefore, Resolved, That six hundred men be, with all possible despatch, detached from the militia of this State, and sent to the forts Montgomery and Constitution, as a reinforce- ment to those garrisons. That 150 men from that part of the county of Albany which is within and to the southward of the manor of Rens- selaerwyck, including the city of Albany; 175 men from the county of Dutches ; 200 men from the county of Ul- ster, and 75 men from that part of the county of Orange which lies above the mountains, all exclusive of commis- sioned officers, be immediately detached by ballot, and marched to augment the garrisons at forts Montgomery and Constitution. Resolved, That the above reinforcement continue in ser- vice two months after their arrival at the said fortresses ; and that this Convention will discharge them sooner in case sufficient garrisons of Continental troops shall be ordered to and arrive at those forts before the expiration of the said two months ; and that the militia so drafted, shall be enti- tled to the same pay and rations as are allowed to the Con- tinental troops. Resolved, That the above levies be formed into compa- nies in the following manner, to wit : Those from the county of Ulster, into three companies; and those from Albany and Dutches, respectively into two companies each, and those from the county of Orange, into one company ; and that each company have one captain, two lieutenants, four sergeants, four corporals, one drum- mer and one fifer. That the said reinforcement shall be formed into one bat- talion, to be commanded by a colonel, lieutenant-colonel and major, to be appointed by this Convention ; that a sur- geon, adjutant and quarter-master, shall be appointed for the said battalion, the first by the Convention, and the two last by the colonel ; that the captains and subalterns be ap- pointed by the field officers of the regiments in each re- spective county from which the quotas are to be raised, out of the militia officers ; having regard to their rank and the 614 JOURNAL OF THE PROVINCIAL CONVENTION. dates of their commissions, if a sufficient number of such are willing to serve, if not, that they shall be at liberty to appoint such others as they may think properly qualified ; and that the non-commissioned officers be appointed by the captain of each company under whom they are to serve. Resolved, That each non-commissioned officer and pri- vate shall provide himself with a good musket or firelock, bayonet or tomahawk, a blanket and knapsack, and every six men with a pot or camp kettle ; and that one penny per mile be allowed to each non-commissioned officer and pri- vate during their march for subsistence money, and one day's pay for every twenty miles between their respective homes and rendezvous, going and returning. And to the intent that the levies so raised may not be unfurnished with arms, the committees in the different townships and districts in the said counties, and the colo- nels of the respective regiments, are hereby authorized and empowered to furnish all such as have not arms, by taking them from those who are not drafted, and such other per- sons in the districts as have arms, being valued by the committee of each district, the amount of such valuation hereafter to be paid to the proprietors of the said arms by this Convention, or the arms restored in the same order to their former proprietors. Resolved, That Colo. Johannes Snyder of Ulster coun- ty, be and is hereby appointed colonel ; Lieutenant-Colonel John Bailey, Junr. of Dutches county, to be lieutenant- colonel, of the levies now ordered to be detached from the counties of Albany, Ulster, Dutches and Orange ; and that a commission be sent blank to the committee of Albany for a major for the said levies, to be offered first to the eldest major of the militia in the county of Albany, and in case of his refusal, to the next eldest in succession, until it is accepted. Resolved, That new commissions issue for the officers of those detachments ; and that the field officers be by those commissions appointed to that command, in addition to their former commands in the militia of their respective counties. Resolved, That 50 spades, 50 wood axes, 50 pickaxes, 24 shovels, 25 billhooks, 200 wt. of lead, 1,000 wt. lan- grage, 1,000 round and bar shot for nine-pounders, 50 sets of cast iron carriage wheels for cannon, 1,000 wt. of nails for building barracks, 1,000 rounds of 6-1 b. ball and grape shot, three sets of men's harness for drawing cannon, 301b. of twine, 12lb. of thread for cartridges, and one armourer with the tools of his business, be immediately procured and forwarded to Fort Montgomery ; and that John Schenk be appointed an agent for that purpose, with authority to draw on the Treasurer for a sum not exceeding 2,500 dollars, for which he shall keep and render an exact ac- count. Ordered, That the Treasurer of this State pay to John Schenk, as agent for furnishing the forts Constitution and Montgomerie with the articles directed by this Convention any sums for which he may apply, not exceeding 2,500 dollars, for which Mr. Schenk is to keep and render ac- count. The subject of granting a bounty to the detachments of militia, ordered by the aforegoing resolutions, was reassum- ed. After a short time spent therein the further conside- ration thereof was postponed till next week. The following preamble was read, and agreed to, to intro- duce the copies of the aforegoing resolutions, which shall be sent to the commanding officers of the militia, in the counties from whence the militia are ordered to be detach- ed, vizt : " The committee appointed to visit and examine into the state of the fortresses in the Highlands, report, (among other things,) that an immediate reinforcement is necessary and earnestly requested by General Clinton, the command- ing officer." Ordered, That the Secretaries prefix this preamble to the copies to be sent to the officers of the militia in the counties instead of the other long introduction. Ordered, That a copy of the said resolutions be imme- diately prepared and despatched to the Delegates of this State at Congress, and that Mr. Robert R. Livingston pre- pare a draft of a letter to the Delegates of this State at Congress, to accompany the said resolutions. Ordered, That a copy of the resolution of this Conven- tion for removing bells from the churches and public edifi- ces in New- York, be sent to the Delegates of this State at Congress. Ordered, That a certified copy of the [report of the] committee on General Washington's letter relative to send- ing forces to King's Bridge, be sent to the Delegates of this State at Congress. The Convention were informed that there are several women, and a number of children, amounting to fifteen in the whole, at Capt. "Wiltse's landing, in a store house, who came from New-York, and say that they were sent out by the committee ; but that they have not certificates, which the committee usually gave ; that they are willing to work but are poor and have not subsistence ; that the widow and children of Isaac Teller deceased, are near this place without support, and the widow in a sick and low condi- tion. Ordered, That Major Henry Schenk have discretionary power to provide for the maintenance of the poor now at Wiltse's landing, and also for the widow and children of Isaac Teller deceased. Resolved unanimously and Ordered, That the Trea- surer of this State stop payment of all accounts passed by the Auditor-General for Colo. Smith's regiment of levies, and for the drafts of the militia from Kings and Queens counties, commanded by Colo. Remsen, till he shall receive further orders from this Convention, or a future Legislature of this State. Resolved, That the President, Mr. Wm. Smith, Major Webster, Mr. Duane, Mr. Adgate, and Mr. Jay, be a Committee of Safety of this State, until the next meeting of a Representation of the State in this Convention ; that the President and three members be a quorum of that Committee ; that every member of this Convention who shall attend, shall have a voice ; and that the said Com- mittee be, and is hereby, authorized to take every mea- sure necessary for the safety, defence and protection of this State. Colo. D. Witt has leave of absence to go home and re- turn as soon as possible. Mr. Duer has leave of absence for two or three days. Mr. Wisner, Mr. Jos. Smith and Colo. Allison obtained leave of absence to return on Monday at noon. Doctor Crane had leave of absence to return on Monday next at two o'clock. Mr. Robt. R. Livingston had leave of absence to return on Monday next. Mr. R. R. Livingston, according to order, reported a draft of a letter to the Delegates of this State at Conven- tion, which was read, and referred to the Committee of Safety. Ordered, That Nathaniel Sackett, Esqr. as Commissa- ry, deliver to any of the Deputies of Charlotte county 1,500 weight of lead, and 1,000 flints, to be sent to Char- lotte county for the use of the inhabitants of that county, to be paid and accounted for by the county committee, and inhabitants of that county, to this State ; Mr. Sacket to take a receipt for the same, of the Deputy to whom he shall deliver it. And Ordered, That Mr. Sackett deliver one ton and a half of lead to any of the Members of Tryon county, together with 3,000 flints, for the use of the inhabitants of that county, to be paid and accounted for by the inhabitants of that county to this State ; and that Mr. Sacket take a re- ceipt for the same of the Deputy to whom it will be de- livered. JOURNAL OF THE COMMITTEE OF SAFETY. SUNDAY MORNING, Sept. 8th, 1776. The Committee met pursuant to adjournment. Present — Abraham Yates, Esqr. President. Mr. Bancker, Mr. Stevens, Mr. Duane, Mr. Sessions, Mr. Adgate, t Mr. Wm. Harper, Mr. Moore, Mr. Veder, Mr. Ten Broeck, Mr. Cctyier. Mr. Lockwood, Ordered, That Nat. Sacket, Esqr. as Commissary, de- liver one ton of lead to the Deputies of the county of Al- bany for the use of the inhabitants of that county, and take a receipt for the same. The county committee and inhabitants of the county of Albany to account and pay for the same to this State. DIE LUNiE, 11 ho. a. m. Septr. 9th, 1776. The Committee met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Capt. Piatt, Major Lockwood, Mr. Haviland, Mr. Wm. Smith, Colo. Drake, Colo. Van Rensselaer, Mr. Cuyler, Mr. Jay, Mr. Adgate, Mr. Sessions, Major Webster and Mr. Stevens. A letter from Brigadier-Genl. Scott, dated the 6th inst. and received yesterday by Sa. Dyckman, the messenger, was read and filed. He therein, in pursuance of the re- quest of the Convention on the instant, gives a parti- cular account of the situation and movements of the army since the retreat from Nassau island. It was represented to this Committee that a certain Warns is spreading or propagating false and mischievous reports, tending to in- jure the cause of America. Ordered, therefore, That he be forthwith apprehended and brought before the Convention of this State, or this Committee of Safety, and that Capt. James Weeks ap- prehend him accordingly. Ordered, That Mr. Cuyler and Capt. Piatt, be a com- mittee to take the spears brought from New-York and get a model made for making other spears with such altera- tions and amendments as they may think most advantageous. Ordered, That a copy of the resolution of the Conven- tion of this State for furnishing Fort Montgomery with the articles and stores reported by the committee as wanted by Genl. Jas. Clinton, be immediately despatched to Mr. John Schenk, and that the President write a letter to Mr. John Schenk, requesting his immediate answer whether he will undertake the agency therein mentioned, and if he should undertake the same, that he make the utmost despatch. The said letter and order was despatched immediately. Resolved, That a letter be written by the President to General J. Clinton at Fort Montgomery, acquainting him of the reinforcement directed by the Convention of this State for the fortresses under his command, and that he be requested to forward barracks for their reception as soon as possible. A short letter was accordingly written and signed by the President, and delivered to be forwarded to General James Clinton. A letter received yesterday noon from his Excellency General Washington, was read, and is in the words fol- lowing, to wit : " Head-Quarters, New-York, Septr. 6th, 1776. " Sir — I have now before me your letter of the 4th in- stant, enclosing the report against ordering out any more of the militia from the counties of Orange, Dutchess, Westchester or Ulster. The reasons alleged by the com- mittee to whom this matter was referred, are entirely sa- tisfactory to me, and therefore I do not expect a compli- ance with that part of my letter which respects this mat- ter. " I have the honour to be " Yr. most obedt. servt. " GO. WASHINGTON. " To the Honble. Abraham Yates, Junr. Esqr. President of the Committee of Safety of the State of New- York." Die Lun,e, 4 ho. P. M. Septr. 9th, 1776. The Committee met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Colo. Peter R. Livingston, Mr. Robert Harper, Mr. Wm. Harper, Mr. Adgate, Major Webster, Mr. Sessions, Colo. Drake, Capt. Piatt, Mr. Haviland, Mr. Wm. Smith. 616 JOURNAL OF THE COMMITTEE OF SAFETY. A letter received of General James Clinton, was read, and is in the words following, to wit : " Fort Montgomery, Septr. 8th, 1776. " Gentlemen — Agreeable to your request I send you a return of articles wanted at the fortifications in the High- lands. I have made a return of carpenter's tools ; the rea- son of it is, that we have many carpenters amongst us that we can't employ for want of tools. I have sent to New- York to the Quarter-Master-General, for nails. I am in hopes he will supply me. I don't much expect to get shingles. If they can't be got, we must use boards. As many of our arms want repair, wc would be glad to have an armourer with his tools here for some time. I gave you an account of the artillery stores and ordnance at each gar- rison, when you were here, with the number of men at each post, therefore, think it unnecessary to send it again. In case of an attack, I think we are too weak of men, therefore expect you will consider of some way to reinforce us, if you judge it necessary. " I am, gentlemen, " Your most obedt, humble servant, " JAMES CLINTON, B. Genl" The following return of necessaries wanted at the for- tifications in the Highlands, enclosed in General James Clinton's letter, was also read, and is as follows, vizt : A return of necessaries wanted at the fortifications in the Highlands : 700 wt. of iron, 25 pound blistered steel, 400 wt. of lOd. nails, 300 wt. of 20<2. do 30 hogsheads of lime, 7,000 feet of 3 inch plank, An armourer with his tools is wanted much, 5,000 wt. oflead, 101b. of thread, 2,000 of tacks, 24 sheep skins, 1,000 wt. of 6-lb. shot, 1,000 wt. of 9-lb. shot,one- half of of each double headed, 14 ton of grape shot, from 4 to 6 oz. wt. 1 large magazine lock, 2 pair of shears, 50 set of cast carriage wheels, 101b. of twine, A quantity of oil and paint to paint the carriages. 50 axes, 50 spades, 25 mattocks, 25 billhooks, 25 shovels, 20 wheelbarrows, 1 doz. flat and half round files, 1 doz. three square do 2 large sledges, 2 hand vices, 10 broad axes, 10 hand saws, 10 hammers, 5 iron squares, 2 doz. of nail gimblets, 6 pair of compasses, 5 set of framing chisels and au- gurs, 6 spike gimblets, 2 set of match planes for inch and inch and a half planks, 32 thousand brick, 10,000 shingles, A letter from His Exellency General Washington, dated yesterday, and received by a messenger, was read, and is in the words following, to wit : " Head-Quarters, New-York, Septr. 8th, 1776. " Sir — I have just received the resolve of your Conven- tion, respecting the removal of the bells belonging to the different churches and public edifices in this city to New Ark, in the Province of New- Jersey. The measure I highly approve of, and shall accordingly have it carried in- to execution. " I have lately been conversing with Genl. Clinton, con- cerning the defence of the forts on the Highlands, who agrees with me in sentiment that the force already there, is by no means sufficient. I should, therefore, conceive it would be greatly in advancement of the service, if you would cause a reinforcement of the militia amounting to about six hundred, to be sent there, from the counties of Ulster and Orange, or any other that may be most proper and convenient. They may be usefully and importantly employed, as well in the defence of the Highlands, in case they should be attacked, as in erecting new works and for- tifications, by which they may be rendered more secure. " I am, sir, yr. most obed. servt. " G. WASHINGTON. " Honble. Ab. Yates, Junr." Another letter from General Washington, received by the same messenger, was also read, and is in the words following, to wit : " Head-Quarters, N. York, 8th Septr. 1776. " Sir — I wrote you this morning by your express, but omitted mentioning a matter of consequence. It being de- termined to remove our sick to Orange Town, we shall want four large Albany sloops for that purpose. The fa- tigue of travelling that distance by land, would not only be more than the patients could bear, but we have full employ for our wagons in transporting baggage, tents, &c. for the troops from hence to our outposts. I must, therefore, beg the favour of your Honourable Body to procure the above number of vessels, and send them down with as much despatch as possible to this city. " I am with respect, sir, " Your most obt. servt. " GO. WASHINGTON. " P. S. — I shall be glad to know by return of the express, when I may probably expect the sloops down. There are several now in the lower parts of the river, with boards. Perhaps you might engage them to come this way, which would save time. " Abraham Yates, Junr. Esqr. Prest. Convention of New-York." Resolved, That Brigadier-Genl. James Clinton be re- quested to send a careful officer in a whale boat well man- ned, down Hudson's river, to impress four large river sloops, to go to New-York for the sick, agreeable to the request of His Excellency Genl. Washington, and that a press warrant issue for that purpose. And lest such four sloops should not be large enough for the purpose, Resolved, That two other sloops be impressed at Fishkill landing, and despatched for the same purpose. Ordered, That the Secretary present prepare a copy of the resolutions of the Convention of this State of the se- venth instant, for detaching from the militia of this State a reinforcement to the garrisons of the fortifications in the Highlands, to be sent to His Excellency by the return of his messenger. A draft of a letter to Genl. Washington was read and approved, and is in the words following, to wit : " Sir — Your Excellency's letters of the 8th instant this moment arrived, and we are happy to inform you that the resolutions enclosed, have anticipated your Excellency's recommendation relative to a reinforcement for the fortres- ses in the Highlands ; and although we have done every thing in our power to raise them with despatch, we are ap- prehensive that the whole will not arrive there within less than fourteen days, and that all the week will elapse before any of them will be got to the post. "The vessels for the sick shall be procured as soon as possible, and sent to the city of New-Y ork, for which pur- pose we have directed every empty vessel down the river to be impressed, until the number required is procured, and have, ordered two others from Fishkill Landing, lest the vessels might be small, and four of them insufficient. Their despatch will depend upon wind and weather. We suppose, however, they may be down by Wednesday and Thursday next. " I have the honour to be, " With the greatest respect, " Your Excellency's most obedt. hum. servt. " To His Excy. Gen. 'Washington." Ordered, That a copy thereof be engrossed, and signed by the President, and, together with a copy of the resolu- tions of the 7th instant for detaching part of the militia, transmitted to His Excellency by his messenger. A draft of a letter to Brigadier-General Clinton, was read and approved, and is in the words following, to wit : " Sir — The Committee received your letter of the 8th inst. covering a list of the articles wanting at your garrison, and have appointed a person to procure the same. They have also to acquaint you they passed a resolve, and have forwarded the same to the respective brigadier-generals of Ulster, Orange, Dutchess and Albany, to reinforce your garrisons with six hundred men, with all speed. I have it JOURNAL OF THE COMMITTEE OF SAFETY. 617 in charge to desire you to despatch a whale boat well arm- ed, with a proper officer, early to-morrow morning, to pro- ceed towards New-York, with orders to impress four of the first large convenient sloops they may meet with, and send them to the city of New-York, by request from General Washington, in order to bring up the sick to the town of Orange, in Orange county, for which purpose the captains of the sloops on their arrival, are to apply to the Director- General of the Hospital. "Iam, respectfully, sir, " Your very humble servt. " By order. " To Brigadier-General James Clinton." A warrant for impressing sloops was sent to Genl. James Clinton, in the words following, to wit : " Sir — You are hereby required, authorized and em- powered, to proceed with a whale boat, well manned, to- wards New-York, and impress the first four large conve- nient river sloops you meet with, and send them, (in pur- suance of a request of His Excellency General Washing- ton) to the city of New-York, to remove the sick from the hospitals there to Orange Town, in the county of Orange ; for which purpose you will direct the captains of the said sloops respectively, on their arrival at New- York, to in- form General Washington of their arrival and to apply to Doctor Morgan the Director-General of the Hospital for further orders, for which this shall be your sufficient war- rant. " By order of the Committee. "ABM. YATES, Junr. Presidt. " To such officer as Genl. James Clinton, shall appoint to execute this warrant." Ordered, That Mr. McKesson pay the bearers of the above letter and warrant, eight shillings to engage them to make despatch. Ordered, That John Moore, Esqr. one of the members of this Convention, be authorized to proceed to Fish Kill Landing, and there impress two sloops, with proper per- sons to navigate them, to New-York, to assist in the re- moval of the sick from the military hospitals to Orange Town. Thereupon a warrant was issued to him in the words fol- lowing, to wit : " Sir — You are hereby required, authorized and em- powered, to proceed to the different landings near Fishkill, and impress the first two large convenient sloops you may find, and send them, (in pursuance of a request of His Excellency General Washington,) to the city of New- York, to remove the sick from the hospital there to Orange Town, in the county of Orange ; for which purpose you will direct the captains of the said sloops respectively, on their arrival at New-York, to inform General Washington of their arrival, and to apply to Doctor Morgan, the Direc- tor-General of the Hospital for further orders, for which this shall be your sufficient warrant. " ABM. YATES, Jtjnr. President. " To John Moore, Esquire." The Committee were informed that Wm. Warne, who has been apprehended by their order, is attending in cus- tody. Ordered, That he be brought in for examination. Mr. Warne, of Fishkill, wheelwright, being examined, says, that the news he told that 30,000 men were arrived on Long island, he heard on Long island from the inhabi- tants there ; that he came from Long island on Thursday last ; that David Colden told him there were above 30,000 men on Long island, and that 10,000 more were lately ar- rived at Staten island ; that either David Colden, or some other person, informed him that 15,000 more were expect- 155 ed; that a doctor told him that Genl. Burgoyne had so many men in Canada of the Canadians and Indians, as with 800 regulars, amounted to 25,000 ; that he was informed that men were killed, and 1,500 taken prisoners; that he was informed that Lasher's battalion was so far de- stroyed that it would not be recruited ; that Doctor Ogden informed that Suffolk county had given up ; that Genl. Howe had sent to Suffolk county ; that if they would sub- mit and testify their loyalty, they must send him 200 wa- gons, and that near 300 had passed his house ; that one of the lighlhorsemen told he had taken Genl. Woodhull in the dark in a barn ; that before he would answer when he spoke to the General, he had cut him on the head and both arms ; that the ships in the Sound prevented his getting off the island ; that the enemy said they had about 200 men killed and wounded. William Warne, by order, withdrew. Ordered, That he be committed to the custody of Capt. Weeks till further order, and that Capt. Piatt direct that the witnesses against him be summoned to attend this Com- mittee and give evidence. A draft of a letter to the Delegates of this State in Con- gress, reported by Mr. Robt. R. Livingston on the 7th instant, was read, amended and approved of, and is in the words following, to wit : " Gentlemen — Sensible of the great importance of the posts in the Highlands, we have lately directed an inquiry into their situation, which will appear from the enclosed re- turns to be far from such as we could wish. " The necessity General Washington has of all the troops that compose his army at New- York, prevented his sparing to these fortresses sufficient garrisons or the necessary stores. What may be the fate of the country below the Highlands is as yet uncertain, and may possibly depend on the event of a single battle. Should these posts be proper- ly secured, we cannot but hope that the greater part of this State might nevertheless be retained, and the communica- tion between the northern and southern States be by that means kept up ; for which reason we wish you to call the attention of the Congress to an object of whose importance they have always been sensible, and to ask a proper sup- ply of stores. We have already afforded them all in our power to supply. Fire ships would be of great use, yet for want of materials we are unable to proceed in prepar- ing them. " Seamen cannot be procured here to man our armed vessels without the greatest delay and difficulty, unless drafted from the army ; perhaps they may be got at Phila- delphia. " By the enclosed resolves you will find that we have endeavoured to reinforce the garrisons in the Highlands. As these men are all taken from the plough, we are very anxious to have them relieved as soon as the circumstances of the Continent will admit. " We have borrowed of the State of Connecticut twenty pieces of cannon, ten 12 and ten 6 pounders, for the forts ; we wish they were heavier, but we fear this deficiency can- not be supplied, and therefore must endeavour to do with- out them. " You will find by the enclosed resolves that we have taken measures to increase the number of our field artillery. You will be mindful to transmit us every public resolve of Congress, and at least one of the Pennsylvania Gazettes every week. " We are most respectfully, gentlemen. " To the Delegates of the State, &c." Ordered, That a copy of the said letter be engrossed, and subscribed by the President, and transmitted, and that the Secretaries enclose therein copies of all the resolutions which have lately been ordered to the Delegates. 618 JOURNAL OF THE COMMITTEE OF SAFETY. DIE MARTIS, 8 ho. a. m. Septr. 10th, 1776. The Committee met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Mr. Bancker, Mr. Robt. Harper, Mr. Jay — New-York. Doctor Crane, Mr. Sackett, Capt. Piatt. Mr. H. Schenk — Dutchess. Mr. Yates, Genl. Ten Broeck, Mr. Jno Ten Broeck, Colo. Van Rens- selaer, Mr. Adgate, Colo. Livingston, Mr. Cuyler — Jllbany. Mr. Harper, Mr. Veder, Mr. Moore — Tryon. Mr. Wm. Smith— Suffolk. Major Lockwood, Mr. Zeb. Mills, Col. Gil. Drake, Mr. Jonathan Piatt— Westchester. Major Webster — Charlotte. Mr. Wisner, Major Parks — Ulster. Colo. Allison, Mr. Wisner — Orange. Mr. Sessions, Mr. Stevens — Cumberland. Mr. John Schenk attending, informs the Committee he is ready to execute their orders. Colo. Livingston inform- ed the Committee that the following articles, mentioned in General James Clinton's return of necessaries for forts Montgomery and Constitution, are in store alFishkill Land- ing, and may be ordered out to Mr. John Schenk for the forts. Thereupon the following order was unanimously made and signed by the President, vizt : " Please to deliver to Majr. John Schenk, out of the stores in your custody, the following articles, for the use of forts Montgomery and Constitution, taking his receipt for the same : 25 spades, 25 billhooks, 1 2 shovels, 5,000 weight of lead, delivering first all the lump lead in store, and the residue in ball and buck shot, and seven skeins or balls of thread. " AB. YATES, Junr. Presidt. " To Nathaniel Sackett, Esqr." The following order was given to Mr. John Schenk, for supplying the fortifications, instead of the order made by the Convention on the seventh instant, the copy whereof Mr. Schenk returned : " Sir — You are requested, with all despatch, to procure the under mentioned articles for the use of the garrisons of forts Montgomery and Constitution, and as soon as they are ready, to send them to Brigadier-General James Clin- ton, commander at the said garrisons, taking his receipts for the same, vizt : An armourer, with all his tools complete. 50 wood axes. 25 spades. 25 mattocks. 13 shovels. 20 wheelbarrows. \Z 5 5 9 lb. ir ° D do h 0t ' } °- half of double-headed. 3000 wt. of grape shot, from 4 to 6 oz. 50 sets of great gun carriage wheels. 32 M bricks, 10 M. shingles. 700 wt. of bar iron, 25 lb. of blistered steel. 400 wt. of lOrf. nails. 300 wt. of 20c/. nails. 7000 feet of three-inch oak plank. 20 hogsheads of lime. 2000 tacks. 24 sheepskins ; 1 large magazine lock ; 2 pr. shears. A quantity of oil and paint, to paint the carriages. 1 doz. of flat and half round files ; 1 doz. of 3-square do. 2 large sledges ; 2 hand-vises; 10 broadaxes. 10 handsaws ; 10 hammers ; 5 iron squares. 2 doz. nail gimblets ; (i pair of compasses. 5 sets of framing chisels and ausurs. 6 spike gimblets ; 2 sets match planes, for inch and J in. plank. 10 lb. of twine. " By order, "ABM. YATES, Junr. Presidt." On motion, Ordered, That Colo. Curtenius be requested to acquaint the Convention wilh the quantities of bar and other lead he has shipped off from New- York, the places where sent to, and the names of the persons in whose hands they are deposited, and of the residue of other military stores re- maining in his hands. Ordered, That Mr. Richard Norwood, Commissary, make a return to the Convention of this State, of the stores by him lately delivered to Zebediah Mills, and of those sent to General Clinton's encampment, or otherwise sent out of the city of New-York, and of such stores, if any, as he may have on hand. Abraham W. Depeyster being called in at the request of a member, and desired to give such information respecting Jos. Reade, Esqr. as he had heard. Mr. Depeyster hav- ing mentioned sundry matters which he had heard of him, was directed to withdraw and reduce his testimony to wri- ting in form of an affidavit, and bring it to this Committee. A letter from Brigadier-General Peter Ten Broeck, dated the 23rd August last, was read and filed. He thereby re- commends several gentlemen for field and staff officers of Colo. Graham's regiment ; some of the field and other offi- cers of that regiment being now in service. He also requests blank commissions for three compa- nies. He request to know whether the custom of electing officers is to be continued ; alleges that, thereby officers are generally appointed who have no command over their men; which matter he submits, and requests an answer. Colo. Van Rensselaer, Capt. Piatt and Colo. Livingston, to whom General Peter Ten Broeck's letter was commit- ted, reported a draft of an answer, which was read and approved of, and is in the words following, to wit : " Sir — I am directed by the Committee of Safety to ac- quaint you, in answer to your letter of the 23rd of August, it is their opinion that the respective officers now on duty are to be and remain the officers of the different regiments to which they belong, unless they should be removed by the fate of war ; and that no new commissions will be granted to fill up any vacancies occasioned by officers call- ed out in the service, but that they return to ther respective commands, at the expiration of the service they are now on. " We shall forward you blank commissions for the three companies of militia, provided the officers are now out in actual service ; if so, they are in the same predicament as above, to which we beg your answer. " I am respectfully, sir, &c. " To Brigadier-Genl. P. Ten Broeck, Dutchess county." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Colo. Livingston and Colo. Allison are appointed a com- mittee to report a plan of establishing riders to the city of New- York. Capt. Zephaniah Piatt informed the committee that Mr. Gysbert Schenk, who has been requested to give informa- tion of the late conduct of Wm. Warne, was attending at the door ; being called in and examined, his deposition fol- lows : " Dutchess county, ss. Gysbert Schenck, of Dutchess county, being duly sworn, deposeth and saith, that Wil- liam Warne lately informed the deponent that he had come from Nassau island ; that he had been informed, and said it was the public report on the island, that the American army had lost, in killed and taken, about three thousand men ; that he had also heard that the Royal army had lost about two hundred men ; that he told the deponent that he had received his information from the regulars and the to- nes ; that he also informed the deponent of a report that one man, by stratagem, had taken prisoners either ninety or ninety-nine of the American army, by informing them, when they had surrounded him, that they were then sur- rounded by a larger number, and advising them to club their arms and go with him, with which the Americans complied, and were thereby taken prisoners. That he also informed the deponent that Suffolk county had all surren- dered ; that the General had sent them a message, that if they would testify iheir loyally they must send him two hundred wagons, and that they had sent about 300 wagons JOURNAL OF THE COMMITTEE OF SAFETY. 619 to assist in removing baggage to Hellgate ; that he also in- formed the deponent that he had heard that the regulars had thrown up a breast work opposite to the fortification at Horn's Hook, and demolished it ; that the said William Warne informed the deponent that he had left Nassau is- land on Friday last ; that he gave it as his opinion that the Roval army would conquer America. " GYSBERT SCHENCK. " Sworn this 1 Olh day of Septr. ) 1776, before me, ) " Abm. Yates, Junr. President." Mr Abraham W. De Pevster, agreeable to the directions given him this morning, brought in his affidavit, to which he was sworn, and is in the words following, to wit : " Dutchess county, ss. Abraham W. D. Peyster, be- ing sworn, deposeth and saith, that on Wednesday, Thurs- day and Friday, the fourth, fifth and sixth days of Septem- ber, instant, he was at New-Rochelle, in the county of Westchester ; that on one of the above named days he heard, (as far as he can at present recollect,) either Theo- dosius Bartow, of New-Rochelle aforesaid, or Anthony Abrahams, of the town of Westchester, in substance, say, in a conversation this deponent had with the one or the other of them on the American contest, that Joseph Reade, late of the city of New-York, attorney at law, but at pre- sent, as this deponent understood, a resident in the town of Westchester, was reputed a great tory ; that the chief of his, the said Joseph Reade's conversation, was of the tory kind ; and that he, the said Joseph Reade, had re- ported, that in the late battle on Long island, between the American army and that of the King of Great Britain, the Americans had lost either seven or fourteen thousand men. (This deponent cannot now recollect which of the two num- bers was mentioned, but rather thinks fourteen.) This de- ponent further says, that the amount of all he heard at New-Rochelle at the time aforesaid, respecting Joseph Reid, was, that the said Joseph Reid was a great tory and very unfriendly to the American cause, and further this deponent saith not. " A. W. D. PEYSTER. " Sworn before me, this 10th i Sept. 1776. S " Abm. Yates, Junr. President." Ordered, That the said deposition be transmitted to the committee of Westchester county, with a letter, requesting them to proceed thereon. A draft of a letter to the committee of Westchester county was read and approved, and is in the words follow- ing, to wit : " Sir — I am directed by the Committee of Safety of this State, to send you the enclosed affidavit, and to request the committee of Westchester county to make farther in- quiry into the conduct of the person charged, and take such other steps as shall seem proper to them. " I am, sir, your very humble servt. " By order. '' , To the Chairman of the County Committee, Westchester." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Two letters from Mr. Ebenezer Hazard, postmaster, the first dated the first, and the other the sixth day of Sep- tember, instant, was read and filed. In the first letter he informs, that he had submitted the matter about the privateer, for which the Committee ap- plied to him, to the other owners, and sent the letter from the Committee to those owners. In the postscript to the first letter, and by his second letter, he submits to the Convention the propriety of establishing a rider from Dobb's ferry, where the post office is, to Head-Quarters ; and that the Albany post should ride alternately on each side of Hudson's river, from New- Windsor upwards, and on the east side only below Fish Kill. And farther informs, that the Comptroller of the Post-Office had informed him that the Postmaster-General thought the office should be kept near Head-Quarters. A draft of an answer to Mr. Hazard was reported by Mr. Robt. Harper and Genl. Ten Broeck, and approved, and is in the words following, to wit : " Sir — Yours of the 1st and 6th instant, are now before us. I am, in consequence, directed to inform you, that it is the desire of the Convention that the Albany postrider should, in going from and returning to New-York, ride on the east side of Hudson's river, between the Fish Kill and the said city ; and that he cross the said river at the Fish Kill or New-Windsor, when it is his turn to ride on the west side thereof; and the Convention have no objections to your keeping your office at Head-Quarters, or any other place which the post-master may think proper. " I am, sir, &c. " To Mr. Ebenezer Hazard, &c." Ordered, That a copy thereof be engrossed, and signed by the President and transmitted. Mr. Moore reported that by virtue of the warrant of this Committee he had impressed the sloops of James Jackson and Martin Wiltse to proceed to the city of New- York. Die Martis, 4 ho. P. M. Septr. 10th, 1776. The Committee of Safety met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Mr. Robert Harper, Mr. Jay — New-York. Doctr. Crane, Mr. H. Schenk, Capt. Piatt— Dutches. Mr. Ab. Yates, Colo. Van Rensselaer, Mr. Cuyler, Genl. Ten Broeck, Colo. Livingston, Mr. Adgale — llbany. Mr. Wm. Harper, Mr. Moore, Mr. Veder — Tryon. Mr. Wm. Smith— Suffolk. Colo. Gil. Budd, Colo. Van Cortlandt, Mr. Haviland, Mr. Jonathan Piatt, Mr. Zeb. Mills— Westchester. Major Webster — Charlotte. Mr. Wisner, Major Park — Ulster. Mr. Wisner, Colo. Allison, Mr. Jos. Smith — Orange. Mr. Sessions, Mr. Stevens— Cumberland. A member informed the Committee that three witnesses are by order attending at the door to be examined as to the conduct and declarations of Wm. Warne. Doctor Theodorus Van Wyck was first called in and sworn ; he delivered in his testimony in writing ; being cross-examined by Wm. Warne, such additions thereto as became necessary were added — and the testimony is as follows : " I saw William Warns the 7th instant, who told me he left Long island the 5th in the evening, and says the regular army in Long island is upwards of 30,000 strong ; that 10,000 had lately arrived on Staten island, that 15,000 was daily expected ; that Burgoyne's army of regulars, Canadians and Indians was 15,000 ; that they had spies throughout the Continent, and had intelligence of each other frequently ; that in the late skirmishes on Long island we had lost in killed, prisoners and wounded 2,500 ; that when our troops evacuated Long island we left all our cannon and provisions ; that our army behaved ill saving 2 regiments, vizt : a Jersey regiment and Col. Lasher's regiment ; the latter but a few escaped ; that the regulars loss did not amount to 200 ; that General Woodhull was taken with Increase Carpenter in the said Carpenter's barn ; that General Howe sent to the inhabitants of Suffolk to come in and to show their loyalty, to send down 200 wagons ; they immediately sent 300 wagons ; he likewise told me he was almost a tory, and advised us all to turn tories that the King would certainly overcome us ; that the said William Warne informed him that he heard the above mentioned matters from David Colden, a surgeon of I the army, several of the light horse and Doctor Ogden ; 620 JOURNAL OF THE COMMITTEE OF SAFETY. that he did not say that he knew any of these things of his own knowledge. " THEODS. VAN WYCK, Junr. •'Sworn before me the > 10th Sept. 1776. ) " Abm. Yates, Junr. President." " Roeloff Schenck being duly sworn on the Holy Evan- gelists, dcpose.th and saith, that his brother Gysbert Schenck and others were present at the conversation with William Warne ; that the said Warne informed them that the ene- my were in possession of Nassau island ; that the inhabi- tants were making their submission ; that he said that from the information he had received the two armies of the enemy when they met would be near 80,000 men ; that he intimated that he thought the Americans would be over- come ; that he seemed inclined to think that the Ameri- cans had best to submit ; that he also said that he had been informed that the regulars by a battery or some works on Long island had demolished the fort at Horn's Hook ; that he said he had his information from David Colden, Doctor Ogden and others ; that he said he heard a High- lander say that he had himself taken 99 men ; that he in- formed that he had seen many of the officers, both Hes- sians and others ; that he said those called friends to go- vernment were distinguished by a piece of something red on their hats ; that he said he was not disposed to fight in the affair on either side, and that he would be willing to comply with the measures of Government, for he thought it would be in vain to resist, or words to that effect ; that he further informed that he had heard that General Howe had sent down to the inhabitants of Suffolk county that if they did not submit he would send down his army and de- stroy them ; that the different towns in that county had sent in addresses to the General ; that he had directed them if they would testify their loyalty to send in 200 wa- gons to transport cannon and baggage towards New Town or Hell Gate, and that the different towns had sent 300 wa- gons ; that he farther said that he had been informed that Justice Kissam was administering oaths of allegiance to the inhabitants. "ROELOFF SCHENCK. " Sworn the 10th day of > Septr. 1776, before me. J " Abm. Yates, Junr. President." " Peter Horton being sworn on the Holy Evangelists, deposeth and saith, that Wm. Warne informed him that he had seen the regulars and some of the Hessian officers ; that he said the regulars had told him they had killed, wounded and taken three thousand of our men ; that he said he reckoned they would beat us ; that he said he was a tory ; that he told him one of the regulars said he had killed one man and taken 99 more, and that one of the light horse had killed two riflemen and taken two others ; that this conversation was on last Saturday evening. " PETER HORTON. " Sworn the 10th day of > Sept. 1776, before me. S "Abm. Yates, Junr. President." The doorkeeper was directed to take the said William Warne to Captain Weeks' or any other place where he may be safely kept till to-morrow morning. Colo. Livingston and Colo. Allison, the committee to whom was referred the subject of employing post riders, delivered in their report, which was lead. Ordered, That the consideration thereof be postponed till to-morrow morning. A letter from Colo. Henry Remscn, dated at New- Haven, the seventh instant, was read. He therein informs that Mr. Peter Colt is agent for Colo. Trumbull, the Commissary-General, and employed up Hudson's river to purchase flour. He recommends Mr. Colt to the members of the Convention to direct him where to apply for flour. Ordered, That Colo. P. R. Livingston, Mr. Wisner, Capt. Piatt, Major Park be a committee to confer with Mr. Colt, and give him the best directions they can on that subject. Colo. Remsen farther informs by his said letter, that he is waiting at New-Haven for the arrival of Capt. Harri- son from Providence [with goods] which were imported by Mr. Van Zandt and himself for the State of New- York ; that he expects them soon, and requests directions how to dispose of, or where to lodge, the said goods. Ordered, That that part of Colo. Remsen's letter which relates to the dry goods be deferred for consideration till to-morrow morning. Major Schenk informed the Convention that Capt. Wiltse's sloop which was impressed to go to New- York for the sick, is delayed for want of a master ; that Capt. Wiltse's wife is in such a situation that he cannot go abroad, and that Capt. Bush declines going. Ordered, That Major Schenk go to the landing and en- deavour to procure some proper person to proceed with the said sloop immediately. N. B. Colo. Van Rensselaer obtained the consent of all the members present to go home and take charge of his regiment, to furnish their quota of men, and to prepare and command the regiment should they be generally called to action. DIE MERCURII, 9 ho. a. m. Septr. llth, 1776. The Committee met pursuant to adjournment. Present— Abraham Yates, Junr. Esqr. President. Mr. Robt. Harper, Mr. Duane, Mr. Bancker, Mr. Jay— New-York. Doctr. Crane, Mr. Zeph. Plait, Mr. Sackett— Dutchess. Mr. Yates, Mr. John Ten Broeck, Mr. Cuyler, Mr. Adgate, Genl Ten Broeck, Col. Livingston, Mr. Root. Yates— Albany. Mr. Moore, Mr. Harper, Mr. Veder— Tryon. Mr. Wm. Smith— Suffolk. Mr. Wisner, Colo. Allison, Mr. Jos. Smith— Orange. Major Webster — Charlotte. Mr. Wisner, Junr. Major Parks — Ulster. Colo. Van Coi tlandt, Colo. Gil. Drake, Mr. Haviland, Mr. Jonath Plait, Mr. Zeb. Mills— Westchester. Mr. Stevens, Mr. Sessions — Cumberland. The report of the committee on the subject of employ- ing post, riders to New-York, was again read. After some time spent thereon it was referred to the Convention of this State. Colo. Remsen's letter of the seventh instant, from New- Haven, was again read. He therein requests directions how to dispose of a parcel of dry goods, imported by Mr. Van Zandt and himself for the use and on the account of this Slate. Thereupon a draft of an answer to Colo. Remsen was read and approved of, and is in the words following, vizt : " Sir — Your letter by Mr. Colt has been received, and the necessary instructions given him. " You will be pleased to transport the goods you men- tioned to Fishkill, in the most cheap and expeditious man- ner, and by no means suffer any of them to be detained or sold. " When the Convention shall be particularly informed of the circumstances of the inhabitants who have lately quitted Long island, they will doubtless make such a pro- vision for them as humanity and the condition of this Stale may render necessary and proper. " We are, &c. " By order. " To Colo. Henhy Remsen." Ordered, That a copy thereof be engrossed, and si'oned by the President, and transmitted. On consideration of the case of William Warne the Committee came to the following determination, vizt : JOURNAL OF THE COMMITTEE OF SAFETY. 621 Whereas William Warne has been guilty of propagat- ing divers false reports tending to injure the American cause, and hath also confessed to certain persons that he was a tory, and that in his opinion it was best for the country to submit to its enemies, Resolved, That the said William Warne be commilted to the jail of this county for one month ; that the superin- tendents of the ship-yard at Poughkeepsie be requested and authorized to take the said Warne out of jail every morning and set him to work in the yards, and return him to jail every night ; and that they pay him weekly such wages as his labour may be reasonably worth. Resolved, That at the expiration of the said month, the said jailer bring the said Win. Warne before the Conven- tion or a Committee of Safety of this State, whichever of them may be then sitting, to the end that he may abide such further order as may be then made concerning him. Ordered, That Capt. Evert Wynkoop Swart, or the next commanding officer of his company, send, with all possi- ble despatch, two trusty sentinels, well armed and ac- coutred, ready to proceed to execute such orders as they may receive from this Committee of Safely. Whereas the Reverend Samuel Seabury, of the bo- rough of Westchester, in the county of Westchester, is notoriously disaffected to the American cause, and from his vicinity to the enemy, has opportunities of rendering them essential services : Resolved, That Colo. Joseph Drake be directed forth- with to remove the said Samuel Seabury from Westches- ter to the house of Colo. John Brinckerhoff, at this place, to remain there till the further order of the Convention or Committee of Safety of this State ; and that he be not permitted to leave the farm of the said Colonel Brincker- hoff, except in company with the Colonel. On motion, Ordered, That Col. Van Cortlandt, Mr. Jay and Mr. Robert Harper, be a committee to inquire into the circum- stances of the Reverend Mr. Samuel Seabury, and report thereon to the Convention. Ordered, That the President sign, and that one of the Secretaries countersign, six blank commissions, to be de- livered to Mr. Crane, for certain officers in Dutchess coun- ty, and five others for certain officers in the county of Ul- ster, to be delivered to Christopher Tappen, Esquire. Major Schenk informed the Committee that, in obedience to their order of last night, he had endeavoured to procure hands to navigate the sloop from the landing of this place to New-York, to remove the sick to Orange Town, but that he has not been able to procure any. Therefore, Resolved, That Henry Schenk, Esqr. be and he is here- by authorized and empowered to impress a river sloop, with a master and men to navigate her, and that Mr. Schenk cause the said sloop to proceed immediately to the city of New-York, to remove such indisposed persons of the army as Genl. Washington, or Doctor Morgan, the Director-Ge- neral of the Hospital, shall be pleased to order on board, to Orange Town, in the county of Orange. DIE JOVIS, 9 HO. A. M. Septr. 12th, 1776. The Committee met pursuant to adjournment. Present — Abraham Yales, Junr. Esqr. President. Mr. Bancker, Mr. Robt. Harper, Mr. Duane, Mr. Jay — New-York, Doclr. Crane, Capt. Zeph. Piatt, Mr. Sackett— Dutches. Mr. Ab. Yates, Genl. Ten Broeck, Colo. Livingston, Mr. Adgate, Mr. Robert Yates, Mr. Cuyler, Mr. Jno. Ten Broeck — Ubany. Mr. Moore, Mr. Harper, Mr. Veder — Tryon. Mr. Wm. Smith— Suffolk. Col. Van Cortlandt, Col. Gil. Drake, Mr. Haviland, Mr. Jonath. Piatt— Westchester. Major Webster — Charlotte. Mr. Wisner, Junr. Major Parks— Ulster. 156 Mr. Wisner, Colo. Allison, Mr. Jos. Smith — Orange. Mr. Sessions, Mr. Stevens — Cumberland. Egbert Dumond, Esquire, of Kingston in Ulster county, delivered to the Committee a letter from General Schuyler, directed to the President, and which General Schuyler de- sired to be sent by express. He also produced to this Committee a letter from General Schuyler to the commit- tee of Ulster county, requesting their militia to march to Albany immediately ; also an extract of intelligence re- ceived from Lake Champlain. Mr. Dumond says that he was desired by their commit- tee to bring General Schuyler's letter to the President ; but there appeared reason to believe that the committee of Ulster desired to have the sentiments of the Committee, whether they should supply the detachments from their militia for the garrisons in the Highlands. Thereupon, the Committee of Safety made the follow- ing determination, to wit : The Committee of Safety having taken into considera- tion General Schuyler's letter of the 9th instant, to the committee of Ulster, and by them transmitted to this Com- mittee. Thereupon, Resolved, That the levies directed by the Convention to be raised in that county to reinforce the garrisons in the Highlands, be immediately completed, and the more so, as General Washington concurs with the Convention in think- ing those levies highly necessary for the defence of those important posts. And it is the opinion of this Committee that the remain- der of the militia of Ulster ought to comply with such re- quisitions and directions as they have or may receive from General Schuyler. Whereas the public accounts of this State to be laid be- fore the Continental Treasury Board, to be audited and passed, are in a great measure delayed for want of the ac- counts of the expenditure of the public moneys which have passed through the hands of Egbert Dumond, Esqr. : Ordered, That Egbert Dumond, Esqr. render accounts to the Treasurer or to the Auditor-General, of all the pub- lic moneys which have been put into his hands by the Re- presentatives of this State, with all possible despatch. Ordered, That one of the Secretaries deliver to Egbert Dumond, Esqr. a copy of the above order, and the pream- ble thereof. A letter from Major-Genl. Schuyler, dated at Albany on the 9th instant, was read as follows, vizt : " Albany, Septr. 9th, 1776. " Gentlemen — In consequence of information received from Colo. Dayton, on Friday last, that a body of the ene- my were to be at Oswego on the 4lh instant, and that ano- ther body were actually on their march to the Mohawk ri- ver, I have requested the committee of this county to or- der up the militia, and they are now convening here. " At half past ten this morning 1 received a letter from General Gates, dated the 6th instant, at Tyconderoga, in which he gives me the following extract of a letter from Lieut. Colo. Hartley to him, dated from Crown Point at two o'clock on Friday. " ' There has been a very heavy cannonade down the lake all this morning ; it is undoubtedly between our fleet and the enemy, so that you may prepare accordingly, I have sent down a boat just now to know more particularly.' " This intelligence has induced me to call upon the neighbouring counties in the New-England States, and those of Ulster and Dutchess in this, to march their mili- tia up. " Future accounts from General Gates or Colo. Dayton must determine which way I am to march the militia — whether to Tyconderoga or to the westward. Our army is in the greatest distress for medicines, and this in com- mon wilh all the other misfortunes that have attended our northern operations, is imputed to me. I am happy that I have it in my power not only to exculpate myself on the 622 JOURNAL OF THE COMMITTEE OF SAFETY. most minute and critical inquiry, but that I can point out the source of most of our disasters in this department. Your respectable body will not be displeased at this decla- ration, since you have more immediate cause to wish that I may have discharged my duly with propriety, as by your recommendation I was appointed to a command which, notwithstanding your favourable opinion of me, I know I was incompetent to, and therefore reluctantly accepted the arduous task. " Envy, detraction, and the most unbecoming jealousy have followed me from the beginning. I hope 1 have pro- perly resented every calumny where I couid fix it on indi- viduals. To exculpate myself from the general clamour, I have entreated Congress to make the strictest inquiry into my conduct, that if I am culpable I may meet with the detestation of my fellow citizens — if not, and that oth- ers are, that the public resentment may be transferred to the proper object. I have even ventured to declare that 'I do not believe I shall be even convicted of an error in judgment.' As twenty-four days are already elapsed since I requested an inquiry, and have not been honouied with any answer; and as the calumny against me increases with rapidity, I have by this conveyance advised Congress and General Washington of my intention to resign as soon as I return from Tryon county or Tyconderoga, and that I will in some oilier way strive to evince my affection for my country, and my zeal in its cause. I hope this step will meet your approbation, and although I am not at present at liberty to lay before you such proofs as I trust will clearly and fully acquit me of any impropriety of conduct, yet it may hereafter be my duty to do it, as well for my own justification as for that of the Provincial Congress, who wrote so partially in my favour to the Continental Congress. *' I am, gentlemen, with the greatest respect and esteem, " Your most obedient humble servant, " PH. SCHUYLER. * The Honourable the Congress of the State of New-York." Ordered, That Mr. Cuyler, Mr. Duane, Mr. Wm. Har- per, Mr. Robert Yates and Mr. Sessions be a committee to consider of the said letter from General Schuyler, and report thereon with all convenient speed. Whereas the Convention of the Representatives of this State did, on the seventh instant, order a draft of a commis- sion to be prepared for the field officers of the detach- ments of the militia of Ulster, Orange, Dutches and Alba- ny, to reinforce the garrisons of the fortifications in the Highlands, which draft of a commission has remained se- veral days, but there has not since been a representation of this Stale in Convention to approve of the same : And whereas it is necessary for the despatch of those detach- ments that a commission issue to Johannes Snider, Esqr. the colonel appointed by Convention to command the same ; and the said draft of a commission and an engrossed copy thereof, has been read and approved by this Committee : Therefore from the necessity of the case, Ordered, That the President sign, and that one of the Secretaries attest, the said engrossed copy of a commission for Colo. Snider, and that it be forwarded to him by Eg- bert Dumond, Esqr. which was done accordingly. Whereas the time limited for the absence of Robert R. Livingston and William Uuer, Esquires, from the Conven- tion of this Slate, hath expired, and neither of them hath returned ; Resolved, That Sampson Dyckman, the messenger, be directed to summon those gentlemen to return immediate- ly lo the House, and that they pay a reasonable compen- sation to the messenger for his trouble and expenses. Resolved further, That the said messenger summon all the absent members who may reside, or be between this place and the north bounds of the Manor of Livingston, to attend immediately, (except Gilbert Livingston.) Ordered, That Mr. Robert Harper prepare a draft of a letter to General Geo. Clinton, requesting him to inform the Convenlion of the slate of the chevaux-de-frise, and other obstructions to the navigation of Hudson's river, op- posite to Fort Washington. Ordered, That Colo. Peter R. Livingston have leave of absence, to depart on Saturday and return on Tuesday. Ordered, That the President send letters to such absent members as are not otherwise on duty, desiring their im- mediate attendance. A letter from Colo Swartwout, of General Clinton's bri- gade, dated the 10th instant, was read. He therein men- tions that Lieut. Colo. Ferris, of his regiment, on account of his indisposition had obtained leave from their brigadier-ge- neral to return to his family; that he will not probably be fit for service this campaign; and he recommends a promotion of the present officers now in service. Colo. Swartwout also claims the first rank in the brigade to his regiment. A long letter from Brigadier-Genl. George Clinton, da- ted the 8th instant, was also read. Amongst other things he mentions the frequent desertions from his brigade, and encloses a return of the brigade. Whereby it appears that 59(5 men are deficient ; that the deficiency arises from the different militia regiments not having furnished their quotas, and from desertions. He encloses therein a list of Dutch- es county deserters. A petition of complaint against Wil- liam Foreman, the surgeon of Colo. Graham's regiment. The testimony of some witnesses against William Mahany and Gilbert Tippet, by him confined for practices and de- clarations inimical to American liberty. Ordered, That General Ten Broeck, Mr. Zeph. Piatt, Doctor Crane, Colo. Allison and Mr. Wisner, Junr. be a committee to consider of, and report on, the letters of Ge- neral George Clinton and Colo. Swartwout, and the papers attending the same ; and that the said committee do also report a resolution to prevent harbouring deserters. The Convention of this State and the Committee of Safety of the State, in the recess of the Convention, hav- ing frequent occasion for guards to apprehend dangerous and disaffected persons, Resolved, That Melancton Smith, Esqr. captain-com- mandant of three companies raised in the counties of Dutches and Westchester, cause a detachment of a ser- geant and twelve men to attend this Committee without delay. Colo. Drake has leave of absence, to return on Tuesday evening next. Ordered, That Major Schenk be requested and autho- rized to cause to be apprehended and brought before this Committee, a certain Riley, suspected of being a deserter from the army of the United American States, and that Major Schenk use his discretion as to the mode of appre- hending him, with power to demand the assistance of any officer of the militia, or other person or persons in the ex- ecution hereof. Mr. Jay informed the Committee that he can employ Abm. De Peysler, to assist in bringing up the records of the Convention of this State, and desired to know whether the Committee will authorize him to apply to the said Abraham De Peyster on that subject. Agreed, That. Mr. Jay have leave to apply to converse with Abraham De Peyster on this subject, and report the result or terms proposed to this Committee. DIE VENERIS, 9 ho. a. m. Septr 13th, 1776. The Committee met pursuant to adjournment. Mr. Bancker, Mr. Robt. Harper, Mr. Duane*— Neio-York. Doctor Crane — Dutches. Mr. Websier*— Charlotte. Mr. Ab. Yates,* Genl. Ten Broeck,Mr. Jno. Ten Broeck, Colo. P. R. Livingston, Mr. Adgate,* Mr. Cuyler — Albany. JOURNAL OF THE COMMITTEE OF SAFETY. 623 Mr. Sessions and Mr. Stevens— Cumberland. Mr. Wm. Smith— Suffolk. Mr. Haviland, Mr. Jonalh. Piatt, Colo. Van Cortlandt*— Westchester. Major Park, Mr. Wisner, Junr.— Ulster. Mr. Wisner, Colo. Allison, Mr. Jos. Smith— Orange. Mr. Moore, Mr. Wm. Harper, Mr. Veder— Tryon. Those gentlemen whose names are marked -with asterisks, are a quorum of the Committee of Safety. Ordered, That Colo. Livingston have leave of absence till to-morrow week, the order of yesterday notwithstand- ing. The Committee are informed that the services and at- tendance of Matthew Visscher, Esqr. as clerk to the se- cretary to the committee in the city and county of Albany, are absolutely necessary. Therefore, Resolved, That the said Matthew Visscher, Esqr. be exempted from all military duly during his continuance in the exercise of the said office. A letter from Mr. Ebenezer Hazard, dated yesterday, was read and filed. He says he cannot see any reason why the Albany post should not continue to ride on the east side of Hudson's river as far as Fishkill ; though " the Comptroller de- sires his route may not be altered until there is an absolute necessity, or order from the Postmaster-General." In a postscript to his letter he mentions that some postage is due to him, and requests an order for payment. Ordered, That Mr. McKesson, one of the Secretaries of the Convention of this State, pay the postage due to Mr. Hazard, and charge the same to this State. A letter from General George Clinton, daled at King's Bridge the 12th instant, and directed to Mr. McKesson, was read. He therein gives information of the state of the army near him and of the enemy. And from the in- telligence therein contained, there is reason to believe that Samuel Gale and Isaac Ludlum, of Orange county, have a correspondence with persons inimical now on Nassau island. This Committee being informed that Samuel Gale and Isaac Ludlum, of Orange county, are concerned in a dan- gerous correspondence with the enemy, Resolved, That Colo. Allison immediately repair to Orange county and take such methods as he may think proper to have the said Samuel Gale and Isaac Ludlum immediately apprehended, together with all papers on the subject of the present troubles or relative thereto ; and cause them, with the said papers, to be forthwith brought before this Committee or the Convention of this State ; and for that purpose that, he be authorized to search the houses and all such other places belonging to them as he may judge necessary. The Committee were informed of sundry speeches and declarations of Jacob Peets, Johannes Snider, Andries Hart and John Archibald, of Ulster county, whereby it appears to this Committee that they are dangerous per- sons, inimical to the cause of American liberty. Resolved and Ordered, That the committee of Hanover precinct, in that county, be and hereby are directed to have those persons apprehended, examined and secured ; and that they report their proceedings to the county com- mittee of that county. "The sub-committee to whom was referred the letter from Major-General Schuyler, of the 9th inst. and the let- ters from Comfort Sands and Thomas Grant, have, accord- ing to order, taken the same into consideration ; and first, that part of the General's letter communicating informa- tion that a body of the enemy were expected at Oswego on the 4th instant, and another body actually on their march to the Mohawk river, and that there had been a very heavy cannonade down Lake Champlnin on the morning of the 6th instant between our fleet and that of the enemy ; that in consequence of this intelligence he had ordered up the militia of the counties of Albany, Ulster and Dutchess, to be employed to the northward and west- ward as might from future accounts become necessary. Upon which your committee observe that the following drafts have already been made and directed to be made from the militia of Dutchess and Ulster counties, (to wit :) " In pursuance of a resolution of the Provincial Con- gress, of the 7th of June last, from Dutchess, embodied in Brigadier-General Scott's brigade, posted near the city of New-York, 335 men ; from Ulster for the same ser- vice, 300 men ; a further draft, agreeable to a resolution of the Convention of this State, of the 19th of July last, of one-fourth of the remaining militia of each of the said counties, which form a part of Brigadier-General Clinton's brigade, and are stationed at or near King's Bridge ; and a third draft, directed by the Convention on the 7th instant, of 175 men from Dutchess and 200 from Ulster, to rein- force the garrisons of forts Montgomery and Constitution in the Highlands. " That when the last mentioned drafts shall be complet- ed, it is supposed that dependence cannot be made on more than 700 armed and well affected militia in the coun- ty of Dutchess, or more than 1,000 in the county of Ul- ster. That the fortresses in the Highlands (which are of the utmost consequence to the common cause of America) will, even after receiving such reinforcement, be far from a state of security. That in case of an attack on those fortresses, or any sudden irruption of our open, or insur- rection of our concealed enemies, no relief can at present be expected from the armies or militia to the southward or northward. " From these circumstances, and considering further, that many of the militia of the county of Dutchess are disaffect- ed, your sub-committed are of opinion that no more of the militia can, with any regard to the common safety, be spared from the counties of Dutchess and Ulster ; having, however, the highest confidence in General Schuyler's judgment and zeal for the common cause, we cannot ad- vise that his order for the march of the militia of the said counties should be superseded by act of the Committee of Safety, but rather that a member be immediately despatch- ed to confer with the General, that fully apprized of the reasons which influence the opinion of this sub-committee, he may be satisfied of the danger of drawing all the militia from those counties, and give such directions as shall ap- pear to him most salutary in this difficult and arduous con- juncture. " Your sub-committee are further of opinion, that Gene- ral Schuyler be informed with respect to the subject matter of the two last mentioned letters, that there are a quantity of medicines at Poughkeepsie, in the hands of Gerardus Duycking and Doctor Tappen, and a farther quantity at New-Rochelle, in the hands of Comfort Sands, the origi- nal costs of which last appear to be £340 sterling, such part of which as shall, in the judgment of the director of the hospital, or his agent, be found servicable, may be pur- chased for the use of the Continental army, the Convention havitig directed them to be reserved for that purpose, and that the letter from Mr. Sands and Mr. Grant, and the in- voice, enclosed in the letter, be transmitted to the General for his better information. "The sub-committee are further of opinion, that the re- maining part of the General's letter, which more immedi- ately relates to himself, be referred to the consideration of the Convention at their first meeting." The said report being read, and again read by paragraphs and amended, Resolved, That this Committee does agree with their sub committee in their said report : And Resolved, That Jacob Cuyler, Esquire, be the member to wait upon General Schuyler, for the purposes mentioned in the aforegoing report. Ordered, That a letter be written by the President to 624 JOURNAL OF THE COMMITTEE OF SAFETY. General Geo. Clinton, requesting him to cause the medi- cines and hospital stores which were lately left at the house of Aaron Bussing, near the church in Haerlem, to be re- moved to some place of safety near his encampment, or where he may think them most safe from the enemy. A draft of a letter to Genl. George Clinton, respecting the obstructions to the navigation of Hudson's river, was read and approved, and is in the words following, viz : " Sir — Being informed by a member of the Convention, that some of the chevaux-de-frise intended to be effectu- ally sunk in Hudson's river, were a few days ago floating with the tide, I am directed to request the favour of you to inform me what probability there is of the permanence of those machines, their distance, and whether you conceive the navigation of the enemy's fleet is thereby obstructed. " If you have any thing else to communicate on this sub- ject, whereby defects may be repaired, and the plan more effectually executed, it will be of important service to the State. " I am, sir, &c. " To Genl. Geo. Clinton." Ordered, That a copy of the said letter be engrossed, and signed by the President, and transmitted. Certain resolutions to prevent a correspondence with the enemy, by preventing persons from travelling in this State from one county to another without a pass, were proposed and read. Debates arose thereon, and they were committed to Mr. Jay to report thereon. Die Veneris, 4 ho. P. M. Sept. 13th, 1776. This Committee met pursuant to adjournment. Phesent — Abraham Yates, Junr. Esqr. President. Mr. Bancker, Mr. Robt. Harper,* Mr. Duane — New-York. Mr. Ab. Yates,* Genl. Ten Broeck, Mr. John Ten Broeck— Albany . Mr. Win. Smith*— Suffolk. Major Park, Mr. Wisner, Junr. — Ulster. Only three members of the quorum of the Committee of Safety attending, viz. those gentlemen whose names are marked with asterisks, the Committee could not proceed to business for want of a sufficient quorum, and therefore adjourned till to-morrow morning, at 9 o'clock. JOURNAL OF THE PROVINCIAL CONVENTION. DIE SABBATI, 9 ho. a. m. Septr. Uth, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. Mr. Bancker, Mr. Robt. Harper, Mr. Duane — New-York. Doctr. Crane, Mr. Sackett, Major Schenk, Capt. Zeph. Platt, Mr. R. R. Livingston — Dutchess. Mr. Ab. Yates, Genl. Ten Broeck, Mr. John Ten Broeck, Mr. Adgate, Mr. Robt. Yates— Albany. Mr. Harper, Mr. Moore, Mr. Veder— Try on. Mr. Wm. Smith— Suffolk. Mr. Haviland, Mr. Jonath. Platt, Mr. Zeb. Mills — Westchester. Major Webster, Mr. Duer — Charlotte. Mr. Wisner, Junr. Major Parks — Ulster. Mr. Wisner, Mr. Jos. Smith Orange. Mr. Stevens, Mr. Sessions — Cumberland. The information and representation of Lieut. Colonel Benjamin Birdsall, and also the representation of Lieut. Thos. Williams, of Capt. Nostrandt's company, as to the state of Colo. Smith's regiment, raised on Nassau island, each dated the sixth instant, were respectively read. Ordered, That they be deferred for consideration until the state of Nassau island is taken into consideration, or further information can be obtained. Henry Wisner, Esqr. informed the Committee that a large quantity of saltpetre, in the hands of several persons, is ready to be purchased, and requested an order on the Treasury for two hundred pounds. Ordered, That the Treasurer of this State pay to Hen- ry Wisner, Esqr. the sum of two hundred pounds, to pur- chase saltpetre ; that the Treasurer take a receipt for the same ; and that Mr. Wisner hereafter render an account to the Convention of the expenditure of that money. Mr. Joseph Smith has leave of absence for three days, this day included, then to return or send a member from that county in his place. N. B. Robert R. Livingston, Esqr. and William Duer, Esqr. attended, whereby there is a representation of this State in Convention. The names of those gentlemen are added to the members of their respective counties, and the Convention proceeded to business. 157 Whereas the present critical situation of this State, and the important objects the Convention have in view, render it necessary that the good people of this State should be fully and constantly represented in this Convention. Resolved, therefore, That all the members of this Con- vention do forthwith and at all times during the session thereof, regularly give their attendance at it, except such of the members as now are, or hereafter may be absent by order of the Convention. Ordered, That copies of the aforegoing resolutions be immediately transmitted to the committees of all the coun- ties in this State, except those of Richmond, Kings, Queens, Suffolk, and the city and county of New-York, and to all the members of those five counties who may not be in the power of the enemy. Ordered, That the committee appointed to report a form of government, do report with all convenient speed. Mr. Jay, according to order, reported the draft of certain resolutions for granting passes to travellers and licenses to innkeepers. The same were read, and adjourned for farther consideration. Mr. Joshua H. Smith obtained leave of absence till Mon- day next. Ordered, That Sa. Dyckman, the messenger, be di- rected to serve and deliver copies of the above resolution requiring the regular attendance of the members of this Convention. Mr. Jay reported a set of resolutions to prevent persons travelling without passes, which were read. Die Sabbati, 4 ho. P. M. Sept. 11th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esquire, President. Mr. Bancker, Mr. Rob. Harper, Mr. Duane, Mr. Jay — New-York. Mr. Sackett, Major Schenk, Capt. Zeph. Platt, Doctr. Crane, Rob. R, Livingston — Dutchess. Mr. Ab. Yates, Genl. Ten Broeck, Mr. Robt. Yates, Mr. Adgate, John Ten Broeck — Jllbany. Mr. Moore, Mr. Wm. Harper, Mr. Veder — Try on. Mr. Wm. Smith— Suffolk. Mr. Mills, Mr. Jonath. Platt, Mr. Haviland — Westchester. Mr. Duer, Major Webster — Charlotte. 626 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Wisner, Junr. Major Parks— Ulster. Mr. Wisner— Orange. Mr. Stevens, Mr. Sessions— Cumberland. Henry Wisner, Esqr. of Orange county, obtained leave of absence, to return on Monday next. On motion, or request, of Mr. Jay, the letter from Bri- gadier-General Scott, dated the sixth instant, and read in the Committee of Safety the ninth instant, was read and committed to Mr. Robert Yates, Mr. Jay and Mr. Duer. Mr. Duer produced a draft of certain resolutions to en- courage persons upwards of fifty years, in the respective districts in this State, to form themselves into military com- panies for the defence of their liberties, lives and proper- ties. The same being read and moved for, and seconded, de- bates arose thereon. After some time spent therein, they were committed to Doctor Crane, Mr. Robert R.Livingston and Mr. Duer, to reconsider the same and report thereon. A short letter from General George Clinton, dated at King's Bridge the 13th instant was read. He therein informs that he had examined the bearers, William Tredwell and Benj. Ludlum, and sent their exa- minations to General Washington, and had sent the bear- ers to this Convention for further examination. A short letter of the said Tredwell and Ludlum to Ge- neral Washington and which was handed over to General Clinton and enclosed, was also read. Ordered, That Mr. Duane and Mr. Robert Yates be a committee to examine the said William Tredwell and Ben- jamin Ludlum. And Ordered, That as soon as their examinations are taken by the said committee, they be taken into custody of Lieu- tenant Robert Brett, or such guard of the militia as he may appoint for that purpose, and detained in custody until fur- ther order of this Convention. Mr. Sackett informed the Convention that five or six soldiers from Philips' precinct, in Dutchess county, are unarmed at the forts in the Highlands, and that the com- mittee of that precinct requests an order to purchase arms for them at the public expense, on an engagement of the committee that the said arms be restored to the State. Ordered, That the sub-committee of Philipse's precinct be, and hereby are, empowered to purchase five or six arms for the use of the said soldiers, the said arms to be paid for by this State, and the said sub-committee to be accountable so far for the said arms as to see that they are restored to the State, by being delivered to a Commis- sary of military stores of this State, only that the State may not lose those arms. Ordered, That the Secretary write a letter to the Au- ditor-General of this State, and request his attendance on this Convention, and that he therein inform the Auditor- General that the reason of requesting his attendance is to point out the persons, or their particular accounts, wanting which prevent stating the accounts of this State with the United States. A letter received this afternoon from His Excellency General Washington, dated the 12th inst. was read, and follows, vizt : "Head-Qrs. New-York, ? "Sept. Wh, 1776. J " Sir — I yesterday received the favour of your letter of the 9th, with its several enclosures, and am extremely hap- py that your Honourable Body had anticipated my recom- mendation by resolving on an augmentation of six hundred men to the garrisons in the Highlands. The importance of those posts demands the utmost attention, and every ex- ertion to maintain them. " The vessels for the removal of the sick are not yet ar- rived. Their present situation gives me great anxiety. As the wind is now favourable, I would fain hope that a sufficient number will come down to day to take in the whole. If they do not my distress will be much increased. " Genl. Clinton, in a letter of the 8th, transmitted me a list of artillery and ordnance stores wanted at forts Mont- gomery and Constitution, which included the several arti- cles you have determined to procure, except those men- tioned below. " I directed that they should be sent up, but as the situa- tion of our affairs at this time may not perhaps admit of it, and think it will be prudent for Mr. Schenk, whom you have appointed an agent in this instance, to get all he can. Should he be able to obtain the supply you have voted ne- cessary, and Genl. Clinton's demand be complied with al- so, no damage will be done. Our stores will not be too large. " I have the honour to be. " With great respect, sir, " Your most obedt. servt. " GO. WASHINGTON. " Intrenching tools, iron carriages, cannon harness, ar- mourer with his tools." DIE SOLIS, 10 ho. a. m. September 15th, 1776. The following members met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Mr. Robt. Harper, Mr. Bancker, Mr. Duane — New-York. Mr. Sackett, Mr. H. Schenk, Mr. R. R. Livingston— Dutches. Mr. Ab. Yates, Genl. Ten Broeck, Mr. Robt. Yates, Mr. Adgate, Mr. John Ten Broeck — Albany. Major Webster, Mr. Duer — Charlotte. Mr. Wm. Smith— Suffolk. Mr. Mills— Westchester. Mr. Stevens — Cumberland. Mr. Wisner, Junr. — Ulster. Mr. Moore, Mr. Harper, Mr. Veder — Tryon. MONDAY MORNING. September mh, 1776. The Convention met pursuant to adjournment. Present — Abm. Yates, Junr. Esqr. Presidt. Mr. Duane, Mr. Harpur, Mr. Bancker, Mr. Jay — For New-York. Mr. R. R. Livingston, Mr. Schenk, Capt. Piatt— Dutches. Mr. Abm. Yates, Genl. Ten Broeck, Mr. Ten Broeck, Mr. Robt. Yates, Mr. Adgate — For Albany. Mr. Duer, Mr. Webster — For Charlotte. Mr. Wm. Smith— For Suffolk. Mr. Haviland, Mr. Mills, Mr. Piatt— For Westchester. Mr. Wisner, Junr. — For Ulster. Mr. Moore, Mr. Harper, Mr. Veder— For Tryon. Mr. Sessions, Mr. Stevens — For Cumberland. No other members appeared ; for want of a sufficient num- ber of members to represent the State, the members ad- journed to four o'clock, P. M. Die Lun^:, 4 ho. P. M. Sept. \6th, 1776. The members of Convention met pursuant to adjourn- ment. Present — Abraham Yates, Junr. Esqr. President. Mr. Robt. Harper, Mr. Duane, Mr. Bancker, Mr. Jay— New- York. Mr. Mills, Mr. Jonath. Piatt, Mr. Haviland— Westchester. Mr. Wisner, Colo. Allison — Orange. Mr. Ab. Yates, Genl. Ten Broeck, Mr. John Ten Broeck, Mr. Ad- gate — jllbany. Mr. Moore, Mr. Veder— Tryon. Mr. Hobart, Mr. Wm. Smith— Suffolk. Mr. Wisner, Junr. Major Parks — Ulster. Major Webster, Mr. Duer — Charlotte. Capt. Zcph. Piatt, Doctr. Crane, Mr. Sackett, Mr. H. Schenk, Mr. R. R. Livingston — Dutches. Mr. Stevens, Mr. Sessions— Cumberland. The Convention was informed that the militia of West- chester county are not so properly arranged and managed JOURNAL OF THE PROVINCIAL CONVENTION. 627 as they ought to be at this critical juncture, which is occa- sioned by the absence of General Morris : Therefore, Resolved, That General Morris, now at the General Congress, do immediately return and resume the command of his brigade. Ordered, That the President enclose a copy of the afore- going resolution in a letter to Genl. Morris, and transmit the same to Genl. Morris with the utmost despatch. Ordered, That Mr. Duane and Mr. Robert Yates be a committee to examine Samuel Gale, who has been brought here in custody by order of the Committee of Safety. Ordered, That Mr. Hobart, Mr. R. R. Livingston and Mr. Duer, be a committee to report what further measures are necessary to bring Abraham Lott, Esqr. to account to this Convention for the public moneys now in his hands, as Treasurer of the Colony of New-York. Whereas Ezra L'hommedieu, Esqr. loan officer of the county of Suffolk, did some time since deposite into the treasury of this Convention the sum of four hundred and twenty pounds, which he had received of sundry persons for principal and interest due on the several sums by them respectively borrowed of him as loan officer as aforesaid : Resolved, That the Treasurer of this State do immedi- ately pay to Egbt. Benson, Esqr. chairman of the commit- tee of Dutchess county, the above sum of four hundred and twenty pounds, and that the receipt of the said Egbert Benson shall be a sufficient discharge to the Treasurer for the payment of the same. Ordered, That Egbert Benson apply the said sum of money to the payment of the wages and subsistence due to the companies under the command of Captain Melanc- ton Smith. TUESDAY MORNING, Septr. Ytih, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. Presidt. Mr. Bancker, Mr. Duane, Mr. Jay, Mr. Harper — For New-York. Dr. Crane, Mr. R. R. Livingston, Mr. Sacket — For Dutches. Mr. Abm. Yates, Genl. Ten Broeck, Mr. Robt. Yates, Mr. Ten Broeck, Mr. Adgate — For Albany. Colo. Allison. Mr. Smith, Dr. Sherwood, Mr. Wisner— For Orange. Mr. Smith, Mr. Hobart— For Suffolk. Mr. Mills, Mr. Haviland, Mr. Piatt— For Westchester. Mr. Duer, Mr. Webster — For Charlotte. Mr. Wisner, Junr. Major Parks — For Ulster. Mr. Moore, Mr. Harper, Mr. Veder — For Tryon. Mr. Sessions, Mr. Stevens — For Cumberland. Resolved, That Colo. Allison, Mr. R. R. Livingston and Mr. Wisner, Senr. be and are hereby appointed a commit- tee of correspondence. That they be and hereby are au- thorized to establish post riders between the Fish Kill, where this Convention now statedly sits, and Head-Quar- ters, for the purpose of obtaining daily intelligence, and that this Convention will make provision for defraying ihe expense thereof ; and that the said committee be and are hereby empowered to write letters to any correspondents, and take every other proper means to obtain intelligence. Sundry affidavits taken by Robert Erskine, Esqr. rela- tive to the conduct of persons disaffected to the American cause, were read and deferred to consideration and expla- nation until the members from the country were present. The petition of Henry Chase, dated at the White Plains on the 13th instant, praying to be released from imprisonment, was read. The several petitions of Jonathan Purdy, Junr. Rynier Van Housen and John Fowler, were read. The said Jonathan Purdy, Junr. thereby declares he is an enlisted soldier in the British army ; and the said Ry- nier Van Housen, that he is a registered pilot in the Bri- tish navy, and they pray to be admitted to their parols as prisoners of war. And the said John Fowler sets forth the manner in which he formerly came on board of one of the British ships of war. A letter from Colo. Malcom, dated the sixth instant, di- rected to Mr. McKesson, giving some information respect- ing Captain Stewart's company in his regiment was read. Ordered, That Mr. Hobart, Mr. Robert Yates and Mr. Mills be a committee to take, consider of and report on the said affidavits, petitions and letter, and that they bring in reports with all convenient speed. That part of General Geo. Clinton's letter of the 8th of Septr. which relates to Lieut. Colo. Ferris, was read. Colo. Swartwout's letter of the 10th of Septr. instant, respecting Colo. Ferris's ill state of health, and the ap- pointment of a lieutenant-colonel and major for that regi- ment, was also read. Resolved, That Lieutenant-Colo. Ferris be permitted to decline the present service ; that Major Thompson be appointed lieutenant-colonel, and Captain Mott appointed major of Colo. Swartwout's present regiment of militia now in service in Brigadier-Genl. Geo. Clinton's brigade while in the present service, in addition to their former respec- tive commands in the militia in their respective counties. Ordered, That the Secretary despatch the commissions for Lieut. Colo. Thompson and Major Mott. Resolved, That the eldest first lieutenant of Colo. Swartwout's [regiment] be promoted to be captain, vice Major Mott, and that the other officers rise in succession ; and that the Secretaries send as many blank commissions to Genl. Geo. Clinton as there are officers in that regiment. The Convention were informed that a person late one of the lighthorsemen of King scounty, and a lieutenant of Colo. Smith's regiment, are about Poughkeepsie in some distress, and that pay is due to them ; that sundry of the lighthorsemen fled from the island and have left their horses behind them. Ordered, That Mr. Duane, Mr. Duer, Mr. Schenk and Doctor Crane be a committee to enquire into the situation of the lighthorsemen who were obliged to fly from the said island and Lieutenant Onderdonck, and that they report thereon. Mr. Wisner of Orange county proposed to the Conven- tion that the company of militia from Orange county lately ordered to be detached to augment the garrisons of forts Montgomery and Constitution, be permitted to have that duty performed by different companies or parcels of mili- tia in rotation. Ordered, That Mr. Wisner, General Ten Broeck, Mr. Sackett and Major Schenck be a committee to consider of the said proposal, and report thereon with all convenient speed. The committee appointed to consider what farther mea- sures are necessary to bring Abraham Lott, Esqr. to ac- count to this Convention for the public moneys now in his hands as Treasurer of the Colony of New-York, deliver- ed in their report, which was read, amended, resolved on and agreed to in the words following, to wit : Whereas the late Provincial Congress of this State did, on the ninlh day of March last, enter into a resolution in the words following, to wit : " Whereas the public exigencies of the Colony are so great as to require that all the public revenues of the same should be appropriated to defray its expenses :" And whereas the General Assembly of the Colony have by their prorogation made on the day appointed for their meeting, been prevented from proceeding to the despatch of the ordinary business thereof, it therefore becomes ne- cessary for the Representatives of the people in Provincial Congress to attend to the proper application of the public moneys now in the hands of the said Abraham Lott, Esqr. " Resolved and Ordered, therefore, That the said Abra- ham Lott be directed, and he is hereby directed within thirty days from this day, to lay before this Congress, or the 628 JOURNAL OF THE PROVINCIAL CONVENTION. Committee of Safety, on oath, an account of all the moneys that now are or shall be in his hands, as Treasurer of this Colony, particularly stating to what funds they belong, and whether any and what funds are appropriated to any and what uses, and every other matter which shall be neces- sary to constitute a complete state of the treasury of this Colony." A copy of which was left by the Secretary of this Convention, at the usual place of residence of the said Abraham Lott, Esqr. in the city of New-York. And whereas, The said Abraham Lott hath neglected to com- ply with the tenor of the said resolution : therefore, Ordered peremptorily, That the said Abraham Lott, do forthwith attend this House on pain of contempt, and that he bring with him the books, papers and money be- longing to the treasury, in order that the public accounts of the Colony of New- York may be settled, and the balance paid to the present Treasurer of this State. Ordered, That a copy of the aforegoing resolution and order be served on Abraham Lott, Esquire, by Mr. John Campbell, who is hereby directed to require an answer in writing for the justification of his conduct. Resolved, That if Abraham Lott, Esquire, shall refuse to attend this Convention, or neglect to set out within five days after the receipt of the above order, and pursue his journey with all reasonable despatch, that he be then ap- prehended and sent under guard to this Convention at Fish- kills, in Dutches county, and Mr. John Campbell is hereby required and empowered to apply to any committee in the Slates of New-Jersey or New- York, in order that he may obtain assistance for carrying the aforegoing resolution and order into execution, and that Mr. Campbell be furnished with a copy of all the above resolutions. On motion, the following resolutions were agreed to, vizt : Whereas, since the dissolution of the late Government under the Crown of Great Britain, it is inconsistent with sound policy, that any of the public moneys should be paid into the hands of any officers not duly authorized by the Convention of this State to receive the same : And where- as, it is the duty of the Representatives of the people to se- cure the public revenues for the purposes of defending the lives, liberties and property of the good people ot this invaded State. Therefore, Resolved unanimously, That Abraham Lott, Esqr. as Treasurer of the Colony of New-York, cease to demand or receive any moneys belonging to the same, and that the said moneys be only paid to Peter V. B. Livingston, Esqr. the Treasurer of this State, who is hereby authorized and di- rected to receive the same, and all persons owing money to this State, are hereby ordered to account with Peter V. B. Livingston, and to make payment with all possible ex- pedition. Resolved and Ordered, That the loan officers in the different counties in this State, do forthwith pay into the hands of the present Treasurer, all such sums of money as they have at present in hands, or hereafter may receive either on account of the principal sums lent or lor the in- terest due on such sums ; and that the receipt of the Trea- surer of this State shall be considered by the supervisors of the different counties as a voucher for the money so paid, in as full and ample a manner as if the same had been paid to Abraham Lott, Esqr. late Treasurer of the Colony of New-York. Resolved, That all the loan officers in all the counties in this Slate be impowered to act in that capacity till fur- ther orders from this Convention, or a future Legislature of this Stale. Ordered, That the Secretaries do immediately transmit copies of these resolves to Abraham Lott, Esqr. and to the loan officers in the different counties of this State, and that the same be published four weeks successively, in all the public newspapers of this State. Information was given to the Convention by some of the members from the counties of Orange and Ulster, that | there is great reason to apprehend that there are many dan- gerous persons in those counties. That from several pieces of testimony given to the different committees in those counties, it is probable that persons there have been en- listing or endeavouring to enlist men to join the enemy. Ordered, That the members of this Convention from the counties of Orange and Ulster, be a committee to en- quire into the grounds of the apprehensions, and the partic- ulars of all such testimony as they can collect on that sub- ject, and to report the measures necessary to be taken to prevent such disaffected persons in those counties from joining or aiding the enemy. The Deputy Treasurer delivered in a list of the accounts or sums of public moneys, which have at different times been paid out of the Treasury by order of the Representa tives of this State, and which remain unaccounted for, whereby the public accounts of this State against the Con- tinent remain unsettled, and are prevented from being trans- milted to be audited and paid. The same being read, Ordered, That Mr. Duane, Mr. Bancker and Mr. Moore, be a committee to take the same into consideration, and re- port thereon. A letter from Joseph Trumbull, Esqr. Commissary-Ge- neral, dated the 16th instant, was received by a messen- ger and read. He therein mentions that the American ar- my had evacuated New-York, that in the retreat he had left behind him large quantities of flour which reduced the magazine too low, and requests the aid of this Convention to procure flour. Agreed unanimously, That Major Henry Schenk, Colo. Charles D. Wilt and Dirck Wynkoop, Esqrs. be ap- pointed agents for and on behalf of the Commissary-Ge- neral, and that a draft of resolutions for that purpose be prepared and brought in, in the afternoon. Die Martis, 4 ho. P. M. Septr. Ylth, 1776. The Convention met pursuant to adjournment. Present— Abraham Yates, Junr. Esqr. President. Mr. Jay, Mr. Bancker, Mr. Rob. Harper, Mr. Duane— New-York. Mr. Wisner, Junr. Major Parks— Ulster. Mr. Wm. Harper, Mr. Moore, Mr. Veder — Tryon. Mr. Ab. Yates, GtanL Ten Broeck, Mr. Robt. Yates. Mr. Jno Ten Broeck, Mr. Adgate,— For Albany. Doctr. Crane, Mr. R. R. Livingston, Mr. Sackett, Major Schenk— Dutches. Major Webster, Mr. Duer— Charlotte. Mr. Wm. Smith, Mr. Hobart— Suffolk. Colo. Allison, Mr. Wisner, Mr. Jos. Smith, Dr. Sherwood— Orange. Mr. Mills, Mr. Haviland, Mr. Zeph. Piatt— Westchester. Mr. Sessions, Mr. Stevens — Cumberland. The Convention on information that the soundings of Hudson's river, at and about Fort Washington, is not ac- curately sounded, and thereupon came to the following re- solutions. Whereas, there is reason to apprehend that the channel of Hudson's river opposite to Fort Washington is not yet sufficiently obstructed ; And Whereas it is of the utmost impoitance to the safety of this State, and the general cause of America, that the navigation of that river should not be occupied by the enemy's ships : Therefore, Resolved, That Captain Thos. Greenhill be, and he is, hereby requested and authorized to proceed with all possi- ble dispatch to Mount Washington, in order to take an ac- curate survey of the landings of that part of Hudson's ri- ver, and that he report his proceedings to the Convention of this Stale with all possible despatch. Resolved, That the commanding officer of Fort Wash- ington be applied to by Captain Greenhill for his permis- sion to sound the river, and for his assistance in carrying the above resolution inlo execution. Resolved, That General James Clinton be requested to furnish Captain Greenhill with a whale boat, and a suffi- cient number of hands whose attachment to the American cause may be relied on, in order to assist in carrying this JOURNAL OF THE PROVINCIAL CONVENTION. 629 measure into execution, that General Clinton and Captain Greenhill be earnestly requested to conduct this malter with all the secrecy possible. The letter from Colo. Trumbull received at noon was again read, and here follows, vizt : " King't Bridge, \6th Septr. 1776. " Gentlemen — Yesterday our troops evacuated New- York to the enemy, and mean to make a stand at and near this place. In the retreat I have been obliged to leave be- hind large quantities of flour, which reduces our magazine too low. It is absolutely necessary to have a large quan- tity soon. I have taken measures to get it in. But fear- ing the apprehensions of the people may prevent their coming, and thereby distress the army, and knowing your Body to be in a great flour country, I must beg the favour of you to forward with all despatch, whatever flour can be had at and about Fishkill, to Spiting Devil creek, or as near it as may be. I much expect the ships up the North river again by and by ; this makes me in the greater hurry to have this measure effected, as it may save us great ex- ense and difficulty in land carriage. Perhaps it may be est to insure the vessels and flour against the enemy ; this and the prices I will submit to your direction ; the money for the flour will be ready and paid on delivery. Your aid and assistance in this matter will greatly oblige, " Gentlemen, your most obedient humble servant, "JOS. TRUMBULL, C. Gen. " To the Honble. the Convention of the State of New- York." The resolutions for procuring flour for the Commissary- General, in pursuance of his letter, being read and agreed to, are in the words following, to wit : Whereas Joseph Trumbull, Esqr. Commissary-General of the American army, by his letter, dated yesterday at King's Bridge, and directed to this Convention, informs that the American troops have evacuated New-York and mean to make a stand at and near King's Bridge : That he has been obliged to leave behind large quantities of flour, which reduces his magazine too low : That it is necessary to have a large quantity soon, that the army may not be distressed ; and requesting flour to be forwarded with all despatch to Spuytden Duvel creek, or as near it as may be, to prevent the expense of land carriage, if the enemy's ships should come up Hudson's river, further suggesting that it may be best to insure the vessels and flour against the enemy ; which, together with the price, he submits to this Convention, requesting their aid ; and the said Com- missary-General therein engages, that the money for the flour shall be paid on delivery : Resolved, therefore, That Major Henry Schenk be and hereby is appointed agent in behalf of the said Commis- sary-General, to purchase all the flour which can be ob- tained in Dutchess, Orange and the lower end of Ulster counties ; and that Colo. Charles De Witt and Dirck Wyn- koop, Junr. Esqr. be and each of them severally is hereby appointed agent in behalf of the said Commissary-General, to purchase all the flour which can be procured in Ulster county, and places adjacent, not before particularized; and the said agents are hereby respectively authorized, if it shall be found necessary, to impress sloops or vessels for the transportation of the said flour ; and to have such ves- sels appraised by three indifferent freeholders, one to be elected by the agents respectively, another by the owner of each vessel, and the third by the two first elected ; that the said agents shall, in behalf of the Commissary-General, insure against all risk of the enemy to the sellers of the flour respectively, the amount thereof, at the stipulated price, and to the owners of the vessels the value thereof, according to appraisement, such price and vnluation, in case of capture, to be paid by the Commissary-General, agree- able to the said letter : That they shall take bills of lading from the masters of such vessels, to deliver the said flour with the utmost despatch (the danger of the enemy ex- cepted) to the Commissary-General at SpitenDuyvel creek, 158 1 as near thereto as may be ; forwarding to the Commissary- General by land and by each vessel, copies of each bill of parcels, and of each appraisement of the vessels and bills of lading, with letters of advice, that the sellers of the flour and owners of the vessels may be under no difficulty in procuring payment. Ordered, That a certified copy of the preceding appoint- ments and resolutions be immediately dispatched to the Commissary-General, and that a certified copy thereof be given to Major Schenk, and another such copy be despatch- ed to Messrs. Dewit and Wynkoop, at Kingston. A draft of an answer to the letter of the Commissary- General, was read and approved, and is in the words fol- lowing, to wit : " Sir — The Convention of this State have received your letter of the 16th instant by Mr. Peter Garson, in conse- quence of which they have entered into the enclosed reso- lutions, which I am directed to transmit to you. We shall exert ourselves to the utmost of our power in every mea- sure which may forward the common cause ; which, not- withstanding the present aspect of affairs, we doubt not will triumph over our tyrannical enemies. " Mr. Colt, your deputy, has paid into the hands of Ma- jor Schenk, one of the agents, for the purpose of procuring flour, the sum of three thousand six hundred dollars, for which that gentleman will be accountable. " I am, sir, with respect, &c. " Joseph Trumbull, Esquire." A letter from Gilbert Livingston, Esquire, at Poughkeep- sie, was read. He therein informs that the chain intended to obstruct the navigation of Hudson's river, has been de- layed for want of iron. He requests that one of the other members of the committee may come to him to assist him, and bring with him two thousand pounds, as their treasury is nearly exhausted ; and informs that he expects to go to the fort to see that the apparatus is ready to fasten and stretch the chain. Ordered, That the secret committee for obstructing the navigation of Hudson's river, have permission to go to the fortifications in the Highlands to-morrow morning. Resolved, That Mr. Duane, Mr. Hobart, General Ten Broeck, Mr. Duer, Mr. William Smith, Mr. Wisner and Mr. Bancker, with the President, constitute a Committee of Safety ; that the President and any four of those gen- tlemen be a quorum of that Committee ; that they conti- nue a Committee of Safety until the first meeting of a re- presentation of this State in Convention ; that every other member who may attend, have a voice in the committee, and that the said committee have power to send for any members of this Convention who may be absent. Ordered, That Mr. Hobart, Mr. Duer and Mr. Bancker be a committee to consider of, and report the most proper disposition to be made of the vessel, or sloop of war Mont- gomery, belonging to this State. Ordered, That Mr. Robert Harper be added to and be one of the committee for taking the examination of Samuel Gale, Esqr. Adjourned. DIE MERCURII, 9 ho. a. m. Septr. lSlh, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Esquire, President. Mr. Duane, Mr. Bancker, Mr. Robt. Harper — New-York. Mr. Robt. R. Livingston, Mr. Sackett, Doctr. Crane — Dutches. Mr. Ab. Yates, Genl. Ten Broeck, Mr. John Ten Broeck, Mr. Ad- gate, Mr. Robt. Yates — Albany. Mr. Moore, Mr. Wm. Harper, Mr. Veder — Tryon. Mr. Wm. Smith, Mr. Hobart— Suffolk. Mr. Wisner, Junr. Colo. Allison, Mr. Jos. Smith— Orange. Mr. Duer, Major Webster— For Charlotte. 630 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Wisner, Junr. Major Parks — Ulster. Mr. Haviland, Mr. Mills, Mr. Jonth. Piatt— Westchester. Mr. Sessions, Mr. Stevens — Cumberland. Whereas this Convention, after many anxious inquiries, hath at length received certain intelligence that the Honble. Nathaniel Woodhull, Brigadier-General of the militia, and President of the Convention of this State, is at present in the hands of the enemy, and that he was made captive whilst actually employed in executing the resolutions of this House : And whereas they are loudly called upon, not only by the sacred voice of honour and public duty, but likewise by the sympathizing principles of personal af- fection and respect, to exert themselves in restoring so va- luable a person to that liberty which he has himself lost in endeavouring to secure to others, that inestimable bless- ing : Therefore, Resolved, That a list of the prisoners at the disposal of this State, be immediately made out and transmitted to General Washington ; and that John Sloss Hobart, Esquire, wait on His Excellency with the earnest request of this Convention, that he will be pleased to give his assistance and advice in negociating this exchange. Whereas the sum of one thousand eight hundred pounds was advanced by this State to Colo. Pierre Van Cortlandt and Capt. Zephaniah Piatt, as occasional Commissaries, for such of the militia of this and the neighbouring States, as were, at the request of His Excellency the General, called out for the defence of the State, which sum they have expended and accounted for with Mr. William Pauld- ing, deputy commissary : Resolved, therefore, That Mr. Gerard Bancker be di- rected to get a true state of that account, from Mr. Wil- liam Paulding, and request payment thereof from the Com- missary-General ; and on the receipt of the money to give a proper discharge therefor, which shall be consider- ed as a voucher for the money by the Auditor and Trea- surer of this State. Resolved, That Mr. Gerard Bancker, Deputy Treasurer of this State proceed immediately to the persons who had the charge of the pork and other provisions belonging to this State, in Westchester county, in order to procure the receipts for what has been furnished to Joseph Trumbull, Esqr. Commissary-General, or any of his agents or depu- ties; and that Mr. Bancker be directed and authorized to apply to the said Commissary-General for the payment of the same at the price current of those articles when de- livered ; and that the receipt of the said Gerard Bancker shall be a sufficient voucher in behalf of this State. Ordered, That Colo. Allison be added to and be one of the committee for taking the examination of Samuel Gale, Esqr. Ordered, That the officer commanding the detachment of Capt. Melancton Smith's company, which attends this Convention be, and hereby is, commanded to take into the custody of his guard Wm. Tredwell, Benjamin Ludlum and Samuel Gale, and them safely keep, as separate from each other as he can, till further orders of this Convention or their Committee of Safety. Mr. Hobart, from the committee to report the most pro- per disposition of the sloop Montgomerie, delivered in their report which was read. That part of the report which re- spects the condemnation and sale of prizes was agreed to. Thereupon, Resolved, That a letter be immediately written to Mr. Joseph Hallett, the agent for prizes, requesting him forth- with to repair to New-England, and take the most speedy and effectual measures for the condemnation and sale of such vessels and goods as Capt. Rogers the commander of the said sloop may have brought into that country. The said committee also reported a draft of such letter to Joseph Hallett as above mentioned, which was read and approved of, and is in the words following, to wit : " Sir — The Convention having received information that Capt. Rogers of the sloop Montgomerie, has left the south side of Long island, and is arrived at Norwalk, in Connecticut, with some of his prize goods, and that some vessels which he brought off with him are arrived in other parts of New-England, it is their desire that you repair forthwith to that country, and take the most speedy and effectual measures for the condemnation and sale of such vessels and goods ; which I am directed to signify to you, and am, sir, " Your most obedt. servt. " To Jos. Hailett, Esqr." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. That part of the said report which relates to the sale of the sloop Montgomerie, was recommitted to Mr. Wm. Smith, General Ten Broeck, Mr. Duer and Mr. Bancker. Mr. Hobart being excused on his earnest request and rea- sons assigned. Resolved, That a committee be appointed to devise ways and means for establishing a fund for the board and subsistence of the poor inhabitants of this State, who have or may be by distress of war obliged to abandon their ha- bitations upon such a plan as shall be least burthensome to the good people of this State. Resolved, That Mr. Robert R. Livingston, Mr. Duer, Mr. Duane, Mr. Jay and Mr. Robert Yates, be the com- mittee. Ordered, That that part of the report of a former commit- tee on this subject, and which was read and postponed on the 25th of August last, be recommitted to the same com- mittee. Ordered, That Mr. William Smith have leave of ab- sence to go to Orange county, ten days from the time of his departure. Resolved, That Colo. Broome and Captain Denning be, and are hereby appointed members of the committee of safety and correspondence, for that part of this State which lies below the Highlands ; that they be requested immediately to attend that business; and that Capt. Den- ning, on his way to attend this Convention, to receive in- structions for the said Committee. Robert R. Livingston, Esqr. informed the Convention that from intelligence he has received, the particulars whereof he cannot, consistent with prudence disclose, it may be necessary to call out a detachment of the militia, or the guards which are now attending this House, and that some member of this House should be empowered for that purpose. Therefore, Resolved, That Nathaniel Sacket, Esqr. be and is here- by empowered to employ from time to time any detach- ments of the companies under the command of Capt. Melancton Smith, or any part of the militia of Dutchess county, not exceeding twenty men, which he may think necessary, and to give them such orders as he may think proper, which they are hereby directed to observe and obey. Mr. Wisner, Senr. from the committee to whom was referred the consideration of a more easy and effectual mode of raising the several quotas of the militia for the garrison- ing of the forts Constitution and Montgomerie, delivered in their report ; the same being read, and the question put whether the Convention agrees with their committee in the said report, it was carried in the negative. Resolved, That the Committee of Safety appointed till the first meeting of the Convention, be revived, and that the same continue until the next meeting of the Con- vention. JOURNAL OF THE COMMITTEE OF SAFETY. WEDNESDAY AFTERNOON, Septr, 18th, 1776. The Committee of Safety met. Present — Abraham Yates, Junr. Esqr. Chairman. Mr. Bancker,* Mr. Duane,* — For New-York. Mr. Haviland, Colo. Drake, Colo. Van Cortlandt— For West- chester. Mr. Abm. Yates,* Genl. Ten Broeck,* Mr. Robt. Yates, Mr. Ten Broeck — For Jllbany. Mr. Duer — Charlotte. Mr. Smith,* Mr. Hobart— For Suffolk. Mr. Harper, Mr. Moore— Tryon. Dr. Sherwood, Colo. Allison, Mr. Wisner,* Mr. Smith — For Orange. Those names marked with an asterisk are the members appointed to constitute the Committee of Safety. A letter from Hugh Hughes, Assistant and Quarter- Master-General, by express, dated yesterday at Head- Quarters, near King's Bridge, was received and read. He, at the request of Genl. Washington, informs the Convention that two Albany skippers have deserted the service without unloading their cargoes ; the one named Brooks has such utensils for supplying the army with soap and candles, that the business cannot be carried on without them : the other, named Rolf or Roff, has ammu- nition on board, besides sundry articles belonging to the Quarter-Master-General's department, it is said. Mr. Hughes, by direction of the General, gives this informa- tion that a suitable remedy may be timely applied. The said letter being taken into immediate considera- tion ; thereupon, Resolved, That a copy of the letter received from Mr. Hugh Hughs be immediately sent by express to the chairman of the committee of Albany, and that the said committee be requested to send back all the property be- longing to the Continent, contained in the said sloops ; and to inquire into the conduct of Capt. Roff and Capt. Brooks, and transmit a state of facts to this Convention, taking good security of the said Roff and Brooks to abide by the fu- ture order of this Convention in the premises. Ordered, That a copy of the above resolution be trans- mitted to Mr. Hughs. A letter from the committee of Albany, dated the 12th instant, was read. They thereby informed that the major from Cumberland county, with the proportion of men to have been raised to the eastward of the Green Mountains as a part of Colo. Van Dyck's regiment, have not joined the regiment or come into the service. A letter from Esqr. who was intended to have been major of that regiment, to Brigadier-Genl. Ten Broeck, was also read. Ordered, That Mr. R. R. Livingston, Mr. Hobart, Mr. Duer and Mr. Robert Yates be a committee to take those two letters into consideration, and report thereon. A letter from the committee of Albany, dated the 16th instant, was also read. The committee thereby express great concern on ac- count of General Schuyler's resignation, and express their fears that it will occasion many other resignations in the army, the militia and the civil departments. A long letter from General Schuyler, dated the 15th, and a part thereof dated on the 16th instant, was read. The General therein informs the Convention of his re- signation and in part his reasons for having requested leave to resign his office, and informs the Convention of the latest intelligence from the northward and westward, and that the militia were countermanded before his receipt of the last letter from this Convention. The examination of a Hessian deserter, enclosed in General Schuyler's letter, was also read. Information is thereby given of the numbers of Hessians, Brunswickers, and other foreign troops in Canada. Ordered, That the letter from the committee of Albany, of the 16th instant, the letter from General Schuyler, of the 15 and 16th instants, and that part of Genl. Schuyler's letter of the 8th instant which remains to be considered, be committed to Robt. R. Livingston, Mr. Hobart, Mr. Duer and Mr. Robert Yates to report thereon with all convenient speed. A letter from Cornelius Glenn, treasurer of the county of Albany, to the President of the Convention, dated the 13th instant, was read. He requests his opinion whether the usual election shall be held in that county for a county treasurer ; or whether it shall be delayed until a plan is prescribed for that department under the new form of Government. Ordered, That the consideration of, and determination on, this letter be referred to the Convention. JOURNAL OF THE PROVINCIAL CONVENTION. DIE JOVIS, 9 ho. a. m. Septr. 19th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Jonr. Esquire, President. Mr Ba_jtcke», Mr. Robt. Harper. Mr. Dtta.te, Mr. Jay — Xeir- Doctr. Craxe. Mr. Sacket. Mr. R. R. LmsosTosr — Dutches. Major Webster. Mr. Utter — Charlotte. Mr. As. Yates, Mr. John Tex Broeck, Mr. Adgate, General Ten B ao eck — JLbany. Colo. Allison, Mr. Jos. Smith, Mr. Sherwood, Mr. Little — Orange. Mr. Sessions, Mr. Stevens — Cumberland. Mr. surra. Mr. Hqbart — Suffolk. Colo. Drake, Mr. Lock-wood, Mr. Mills, Mr. Havtland, Colo. Van Cortlandt — W estchester. Major Parks. Mr. Wisner — Ulster. Mr. Moore. Mr. Harper, Mr. Veder — Tryon. Capt. Samuel Tudor, one of the superintendents for building the Continental ships at Poughkeepsie, attending, delivered in a letter from General Schuyler, dated Albany Sept. 17th, 1776, and directed to Messrs. Van Zandt, Tu- dor and the other gentlemen to whose care the building of the frigates at Poughkeepsie is committed, wherein the General informs those gentlemen that he received a line by express from General Gates informing him that he is in the greatest distress for the cordage mentioned in a list in- closed in the said letter for the use of the row gallies, which are the greatest strength of our naval force on the lake. Capt. Tudor requested the opinion and advice of the Convention on this subject. Resolved, That as a naval strength on Lake Champlain is an object of the utmost importance, and will greatly con- tribute to the security of America, that the agents for building the ships at Poughkeepsie be directed to supply such and so much cordage as General Schuyler requires, and that this Convention will justify them to the Honoura- ble the Continental Congress. Mr. Haviland and Mr. Piatt, have leave of absence to return on next Mondav week. 159 A certified copy of a resolution of the committee of Dutches county was read and filed, and is in the words following, to wit : " Lv Committee, J Dutchess county. Septr. 17ri. 1776. ) " It having been suggested to this committee by the De- puties from this county in Convention, that the quorum at present necessary to represent the county being five was too numerous, and that by means thereof, was frequently deprived of a voice in the Convention. " Resolved, therefore, That the number of the quorum be reduced from five to three, and accordingly that of the nine Deputies elected to represent this county in the Con- vention of the Representatives of this State, any three of them be a quorum for that purpose. " Bv order, " EGBERT BENSON, Chain.'- The determination of the committee of Dutches counlv was approved of. Ordered, That Mr. Jay, Mr. Duer, Mr. R. R. Living- ston, Mr. Robert Yates and Colonel Drake, be a commit- tee to devise ways and means for preventing the dangers which may arise from the disaffected in this State. On motion of Mr. Duane, Resolved, That a committee be appointed to examine into and report the present state of the treasury. The pro- gress which has been made in emitting the sum of £200,- 000 to supply the exigencies of the State, agreeable to a resolution of the Convention passed on the 15th day of Au- gust last. The obstructions which have prevented the set- tlement of the public accounts of this State against the Continent, and further means for the immediate supplying the treasury with money. Resolved, That this committee consist of those gentle- men to whom was referred a list of the unsettled accounts of public moneys delivered in by the deputv treasurer, and committed last Tuesday at noon, vizt : Mr. Duane, Mr. Bancker and Mr. Moore. Mr. Jay has leave of absence for eight days from the time of his departure. The committee appointed to procure a proper guard- house for the detachment of Capt. Smith's company at 634 JOURNAL OF THE PROVINCIAL CONVENTION. this place, by order, reported that the most convenient place they have observed or can obtain is a hatter's shop belonging to Mrs. Mary Bloodgood, which needs repair. Ordered, That Mr. Sackett be added to that commit- tee, and that the said committee repair that shop for a guard-house at their discretion. The report of the proceedings of Mr. Hobart and Mr. James Townshend, the committee appointed on the 28th of August to repair to General Woodhull, on Nassau island, to advise and assist the General in the execution of the orders given to him by this Convention, was read and ta- ken into consideration. Thereupon Resolved unanimously, That this Convention approve of the conduct of the said committee while they acted in conjunction, and of the conduct of John Sloss Hobart, Esquire, when acting separately, as the same is stated in the said report and the papers therein referred to. Mr. Joshua H. Smith, from the committee formerly ap- pointed to consider of means for the relief of insolvent debtors, reported a draft of a bill or set of resolutions for the relief of insolvent debtors, which was read and amend- ed, and being read a second time, Ordered, That it lay on the table for the further peru- sal and consideration of the members. Mr. Duer, of the committee appointed to devise ways and means for preventing the dangers which may arise from the disaffected in this State, reported a draft of cer- tain resolutions for that purpose, which were read ; the same being read a second time, Mr. Duane moved, and was seconded by Mr. Wm. Harper, that the consideration of this report be postponed till to-morrow morning. Debates arose thereon, and the question being put, it was carried in the affirmative in manner following, to wit : For the affirmative. For the negative. Albany, 6 Charlotte, 2 Cumberland, 2 Dutches, 5 Ulster, 4 Westchester, 4 Tryon, 3 Orange, 3 15 14 Therefore, Ordered, That the further consideration of the said re- port be postponed till to-morrow morning. On motion of Mr. Jay, Ordered, That a committee be appointed to enquire whether any and what bounty is necessary for encourag- ing the manufacturing of gunpowder in this State. That Mr. Wm. Smith, Mr. Zephaniah Piatt and Mr. Wm. Har- per be the committee for that purpose. Resolved, That a committee be appointed to employ proper persons for making discoveries and essays of sul- phur, lead and flint within this State ; that for this purpose they have power to draw on the Treasury for a sum not exceeding five hundred dollars ; and that they report their proceedings to this Conventon ; and that Mr. Wisner, Senr. Mr. Robert Yates, Mr. Wm. Harper, Mr. Adgate and Doctor Crane be the committee for the purposes above mentioned. Ordered, That the appointing inspectors of saltpetre and gunpowder manufactured in or imported into this State, be taken into consideration on Saturday next. Resolved, That the committee for establishing posts and obtaining intelligence, be empowered to appoint a se- cretary, and to allow him a reasonable compensation. DIE VENERIS, 9 ho. a. m. Septr. 20th, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Mr. Bancker, Mr. Harper, Mr. Duane— New-York. Doctr. Crane, Mr. R. R. Livingston, Mr. Sackett— Dutches. Mr. Ab. Yates, Mr. Robt. Yates, Genl. Ten Broeck, Mr. Jno. Ten Broeck, Mr. Adgate— Albany. Mr. Moore, Mr. Wm. Harper, Mr. Veder— Tryon. Mr. Wm. Smith, Mr. Hobart— Suffolk. Mr. Jos. Smith, Colo. Sherwood, Mr. Wisner, Junr. Colo. Allison, Mr. Little — Orange. Mr. Webster, Mr. Duer— Charlotte. Mr. Wisner, Mr. Parks — Ulster. Mr. Mills, Mr. Colo. G. Drake, Major Lockwood, Colo. Van Cort- landt — Westchester . Mr. Sessions, Mr. Stevens — Cumberland. The committee appointed to consider Genl. Schuyler's letter brought in their report, which was read. Thereupon the General's letter of the 15th and 16th was read, and hereafter follows, vizt : "Albany, Sept. 15th, 1776. " Sir — I do myself the honour to advise you that by accounts received from General Gates and Colo. Dayton, the necessity of marching up the militia is superseded ; I have sent express to Ulster and Dutchess counties to ad- vise them of this, and have dismissed those that were here. The cannonade which was heard on Lake Champlain and which was supposed to be between General Arnold and the enemy's army, was only a fire at a party of the enemy who attacked a- boat belonging to our fleet at Windmill Point, in which three of the crew were killed and six wounded. The fleet continues off Isle-au-Motte, and no naval force of the enemy had appeared on the 9th instant ; our army at Tyconderoga, by the last returns, consisted of 12,970 men, are in good spirits, and so extremely well for- tified on advantageous ground, that little is to be feared, even if the enemy should be able to cross the lake and make an attack. Many important matters require imme- diate attention in this department, to guard the State against the attempts which will undoubtedly be made in the winter and spring by the enemy from the northward. I suggested my ideas to Congress ; but as I have not been honoured with a line in answer to my letters for near two months past, I suppose more momentous concerns so en- tirely engross their attention that they have not had time to take them into consideration. " As I accepted of a command under the fullest convic- tion of my incompetency, I have made more than ordinary exertions to discharge the duties of it ; that if I could not gain reputation, I might at least not reflect disgrace on you, by whose means the command was conferred. "Unhappily for me, jealousy and envy have followed me from the beginning. Aware to what a critical situation I was elevated, with the eyes of a jealous people on me, I took every precaution, that 1 might have it in my power to justify myself whenever my conduct should be called in question ; how far I have succeeded I shall beg the Con- vention of this State to judge, when I shall do myself the honour to lay a variety of papers before them, which I be- lieve will be very soon, as I have sent my resignation to Congress. " As the Convention is now removed to a place where they cannot be informed by the usual channel of what is transacting in this department, I shall do myself the ho- nour to give them the most early information of every event as it arises." " Septr. 16, 1776. " Last evening I was honoured with the resolutions of the Convention of the 13lh, conveyed to me by Mr. Cuy- ler. I am happy that there is no occasion at present for the service of the militia. Should it become necessary, whilst I continue in command, (which will probably be until the first of October,) to call for their aid, I shall pay due attention to the information you have been pleased to give me, and not call on either Dutchess or Ulster county, unless on the most urgent necessity. " I shall immediately despatch a proper person to pur- chase the medicines from the persons mentioned in your resolution. For although I am in hopes that Doctor Strin- ger, who is gone to New-England, will procure a conside- rable quantity there, yet the consumption in so large an JOURNAL OF THE PROVINCIAL CONVENTION. 635 army will, I fear, be far beyond what he will be able to procure. " I enclose you a copy of information given by a Hes- sian deserter, who lately arrived at Tyconderoga. " I am, sir, with great respect, " Your most obedt. humble servant, "PH. SCHUYLER. "The Hono. Abraham Yates, Junr. Esqr. President of the Convention of the State of New-York." The copy of the information given by a Hessian deser- ter, was again read and filed. The letter from Albany of the 16th instant, was again read, and follows, vizt : "Albany Committee Chamber, \ " 16lh Sept. 1776. $ " Gent. — We are informed that General Schuyler has sent in his resignation to Congress, a circumstance truly alarming to the inhabitants of this city, and we fear will be very detrimental to the public cause. His conduct as a general, his indefatigable assiduity on all occasions, are so very conspicuous that we can not help expressing the deepest concern. " We are fully sensible, and time will evince that the effects of his resignation will be severely felt in the north- ern department, as we are well assured no person can be found to succeed him, capable of holding so honourable an office, that has a sufficient influence to conduct matters in the manner he has done with such feeble supports. " This day a committee of this board wailed on his honour, requesting to know the reason of his resigning. His answer was that such inattention was paid to his re- monstrances to Congress, and such calumnies thrown out against him that, consistent with the character of a gentle- man, he could not do otherwise. " We are very unhappy to think that Congress should pay so little regard to the character of a gentleman, whose conduct we are well assured merits the approbation of every well wisher to this much injured country. " From what we have already heard, we can inform you as a fact, that many resignations will follow his in a short time, as well in the militia and civil, as in the military de- partments. " It is unnecessary for us, we presume, to expatiate on the great abilities which he possesses, as part of his con- duct has manifested it more fully than we can possibly ex- press. " From a full conviction of the above facts we do in- struct you, that you lay this letter before the Convention of this State, and desire you will use your influence to have the sense of this board transmitted to Congress on this occasion. " We are gent. " Your very humble servts. " By order. " JOHN BARCLAY, Chairman. " To the Deputies of the county of Albany, in Convention of the State of New- York." General Schuyler's letter of the 9th instant, which was made a part of the minutes of this Convention on the instant, was again read. Thereupon the said report of the committee was again read, and being then read by para- graphs, on reading the second resolution, Mr. Duane mov- ed for the following amendment, to wit : That the words " endanger the peace " be obliterated, and the words " be productive of discontent and endanger the safety of this State," be inserted in their stead. Debates arose thereon, and the question being put, it was carried in the negative in manner following : For the negative. For the affirmative. Charlotte, 2 Tryon, 3 Albany, 6 Westchester 4 Cumberland, 2 Orange, 3 Ulster 4 Dutches, 5—26 Therefore the said amendment was rejected. The residue of the said report being read by paragraphs, amended and approved of, the whole of the said report was again read adopted by the Convention, and is in the words following, to wit : Whereas this Convention have received information that Major-General Schuyler ha3 sent in his resignation to the Honourable the Congress, which they have reason to believe has arisen from some unhappy misapprehension of, and a neglect to inquire into his conduct : they can not, therefore, in justice to his character, avoid expressing their sense of his merit, and their apprehension of the influence his resignation may have on the public measures : There- fore, 1st. Resolved unanimously, That Major-General Schuy- ler, since his appointment to the command in the northern department has, as far as this Convention has been enabled lo judge, discharged the duties of his important trust with assiduity, fidelity and skill. 2nd. Resolved, That it is the opinion of this Conven- tion that the resignation of Major-General Schuyler, at this critical period, will, if accepted, greatly affect the general interest of America, and endanger the peace and safety of the State. 3rd. Resolved unanimously, That the Honourable the Congress be requested (through the Delegates from this State) to withhold their assent to the resignation of Major- General Schuyler, and to cause an inquiry to be made into his conduct, since this Convention can not but hope that an honourable acquittal will, by silencing the voice of ca- lumny, induce him to continue in his command, and there- by preserve a useful officer to the public. Resolved unanimously, That as Major-General Schuyler was appointed at the request of this Convention, if no in- quiry should shortly be made into his conduct, that it will be the duty of this Convention to institute the same, in or- der either to justify their recommendation, and vindicate a character which they have reason to fear has been unjustly traduced, or to hold him up, if he has disgraced his ap- pointment, as an object of public censure. Resolved unanimously, That Robert R. Livingston, Esqr. wait upon Major-General Schuyler, in order to in- quire into the reasons of his resignation, and to report the same, and in the name of this State to request him not to insist thereon. Resolved, That a copy of the foregoing resolutions be immediately sent to the Delegates of this State at Congress, in order to be laid before that Honourable House. A draft of a letter to the Delegates of this State to at- tend the said resolutions, was read and approved, and is in the words following, vizt : " Gentlemen — The Convention have much at heart the subject of the enclosed resolutions, and have directed me to recommend them to your particular attention. They are persuaded that General Schuyler's resignation will not only be highly prejudical to the common cause of America, but the loss of an able and vigilant officer, singularly qua- lified for the command he now fills, will be productive of interna] jealousy and discontent, at a period when union and harmony are necessary for our preservation. " I have the honour to be, gentlemen, " Your most obedt. " P. S. — I am directed to add that the Convention have received no answer to their last letters ; they would wish to hear from you on the matter contained in them, and this matter as soon as possible." Ordered, That a copy of the said letter be engrossed, and signed by the President, and transmitted without delay. Mr. Duane from the " committee appointed to examine into and report the present state of the treasury, the pro- gress which has been made in emitting £200,000 to sup- ply the exigencies of this State, agreeable to a resolution of the Convention passed on the 13th of Augt. last, the ob- 636 JOURNAL OF THE PROVINCIAL CONVENTION. structions which have prevented the settlement of the pub- lic accounts of this State against the Continent, and further means for the immediate supply of the treasury with mo- ney," delivered in their report, which was read, and is in the words following, to wit : "Your committee do report that they have according to order, considered the several matters submitted to their examination ; that the treasury is exhausted, as appears by the account No. 1, being a general state of receipts and payments of the treasury down to the 17th instant, and that the most speedy and effectual means ought to be adopted to supply the treasury with money ; that the public credit may be supported, and the heavy expenses to which this State must unavoidably be exposed, in its present critical and dangerous situation be provided for. " That by reason of the evacuation of the metropolis, the loss of the paper mills, the dispersion of the printers, as well as of the gentlemen entrusted to procure the plates, superintend the press and sign the bills of credit directed to be emitted, there cannot be the least prospect of supply- ing the treasury from the intended emission, so as to answer the exigencies of the State. " That the committee have examined into the measures which have been pursued for adjusting the public accounts of this State against the Continent, and for that purpose have been attended by the Deputy-Treasurer, to whose state of facts mentioned in the paper number two, they refer, and from which it appears that several of the persons named in the list delivered in by the Deputy Treasurer on the 17th instant, who have been entrusted with public money, have, though called upon, neglected to settle their accounts with the Auditor-General of this State, which, putting it out of his power precisely to ascertain how much of the monies have been applied for Continental service, and how much for the more immediate purposes of this State, hath hither- to proved an insurmountable obstruction to the adjustment of the public accounts of this State against the Continent. " That nevertheless from an estimate made by the De- puty-Treasurer, contained in the paper number 3, which is herewith presented, it appears, and your committee are satisfied, that upwards of sixty-two thousand dollars are due from the United States to the State of New-York, whereupon your committee have agreed to the following resolutions : " 1st. Resolved, That it is the opinion of this committee that the Auditor-General be directed to use all possible di- ligence in completing the settlement of the public accounts of this Slate with the United States, and procuring the necessary vouchers, in order that the said accounts and vouchers may, without further delay, be transmitted to the treasury office of the United Slates at Philadelphia, there to be finally settled and passed ; and to remove the impe- diment which has hitherto retarded the settlement of the said accounts. " 2ndly. Resolved, That in the opinion of this com- mittee, such of the persons named in the said list who have been entrusted with the public money and have ne- glected to produce their accounts and vouchers to the Auditor-General of this State, be and they hereby are en- joined, on pain of incurring the displeasure of this Con- vention, to attend the said Auditor-General at Fishkills with their respective accounts and vouchers as soon as possible after receiving notice for that purpose from the said Auditor-General. " 3rdly. Resolved, That it is the opinion of this com- mittee that the Honourable Congress of the United States be requested to advance to this State 100,000 dollars in consideration of the vast expenses to which we are ex- posed, and the impracticability, for the reasons herein set forth, of emitting bills of credit with a despatch suitable to the urgency of our public affairs and the calamitous circumstances into which we are involved. That in case this requisition should be complied with, the Convention do pledge this State to be accountable for the sums so to be advanced, declaring that the receipt of the Delegates of this State, or either of them, shall be a sufficient voucher for the same ; and directing the said Delegates to forward the money as expeditiously as possible. " 4thly. Resolved, As the opinion of this committee, that if it should be inconvenient to the United States to advance to this State the sum specified in the before men- tioned requisition, that then the Honourable Congress be and are hereby requested to advance to this State the sum of sixty thousand dollars on account, of the balance due from the Continent to this State, this committee being of opinion upon the best evidence they have been able to pro- cure, that at least that sum must be due from the United States to this State." The same report was again read by paragraphs. There- upon, Resolved unanimously, That this Convention does agree with their committee in the said report. Ordered, That a copy of the preceding report be trans- mitted by the President of this Convention to the Presi- dent of the Honourable Continental Congress. And that a copy be also transmitted to the Delegates of this State at the Continental Congress. Ordered, That the President write a letter to the Ho- nourable the President of Congress, and another to the Delegates of this State at Congress, to accompany the co- pies of those resolutions. Ordered, That Abraham Yates, Junr. Esquire, the Pre- sident of this Convention, have leave of absence for one fortnight from the time of his departure. Mr. Duer from the " committee appointed to report a more effertual mode for detecting and defeating the designs of the internal enemies of this State," delivered in their report, which was read. The same was read a second time. Debates arose thereon. Mr. Wm. Harper moved and was seconded, that the said report be rejected. Mr. Duane moved and was seconded, that the former re- solutions of the late Provincial C ongress of this Conven- tion for apprehending and securing dangerous and disaffect- ed persons, be read. After many debates on each of the said two last men- tioned motions, the farther consideration thereof was de- ferred till to-morrow. Mr. Adgate has leave of absence for a fortnight from the time of his departure. Mr. Wisner has leave of ab- sence for a week from the time of departure. Mr. Duer dissents to both. Resolved and Ordered, That the President, for the time being, with any five members, have power to send a mes- senger for any member who shall depart the Convention without leave, or for any member who having departed with leave, shall be absent longer than the time of per- mission to such member limited pursuant to the resolve and order of this Convention of the sixth instant. The Convention being informed that Isaac Ketcham, who, as a traitor against this State, has lately been aiding and assisting the cruel enemies of the United American States in ravaging and plundering the farms and estates of the subjects and inhabitants of this State on Nassau island, and carrying off the stock, has been taken by Captain Ro- gers, and is now in chains on board the sloop Montgo- mery. Ordered, That the said Isaac Ketcham be brought ma- nacled and under a proper guard before this Convention, to abide the further order of this Convention. And that John Sloss Hobart, Esqr. be requested to see that this or- der be duly executed. Mr. Duane dissents. Ordered, That Jost Wadder, alias Veder, and PeterBen- jamin Van Vredenbergh, two deserters from Capt. Van Stein Bergh's company, from Dutches county and now in custody of the guard of Capt. William Clark's company, be sent to Fort Constitution and there delivered to the JOURNAL OF THE PROVINCIAL CONVENTION. 637 commanding officer, and the said commanding officer is hereby requested to detain the said deserters in safe cus- tody and send them by the first conveyance to the main guard at General Clinton's encampment, at or near King's Bridge, together with this order. DIE SABBATI, 9 ho. a. m. Septr. 21s*, 1776. The Convention met pursuant to adjournment. Present— Abraham Yates, Junr. Esqr. President. Mr. Duane, Mr. Harper, Mr. Bancker— iVew- York. Colo. Allison, Mr. Wisner, Doctr. Sherwood, Mr. Jos. Smith, Mr. Little — Orange. Mr. Ab. Yates, Genl. Ten Broeck, Mr. John Ten Broeck, Mr. Robt. Yates— Albany. Mr. Mills, Colo. Drake, Major Lockwood, Colo. Van Cortlandt— Westchester. Mr. Wm. Smith, Mr. Hobart— Suffolk. Mr. Moore, Mr. Vcder, Mr. Harper— Tryon. Mr. Wisner, Junr. Major Parks— Ulster. Mr. Webster, Mr. Duer — Charlotte. Mr. Zeph. Piatt, Mr. R. R. Livingston, Mr. Sackett, Doctr. Crane — Dutches. Mr. Sessions, Mr. Stevens — Cumberland. Mr. Wisner informed the Convention that the rangers raised in Orange county are ready for service, but as the Indians are quiet and the rangers unemployed, he sug- gested to the Convention whether it might not be proper to send them to Fort Montgomerie for the present in lieu of the company of militia lately ordered to be detached from that county. Resolved, That the state of the rangers be taken into consideration on Tuesday next. Ordered, That Mr. Hobart be directed to call at the forts in the Highlands in his way to Head-Quarters ; that he get an exact account of the garrison, and the number of men required to put them in a proper posture of defence ; and that he state to the General the inconvenience we lay under in raising more of our militia, and request if they can be spared, that he would send a reinforcement from his army to those posts. Whereas that part of the order of the 18th instant, which sets forth that Colo. Pierre Van Cortlandt and Capt. Plait had accounted with William Paulding for the public monies put into their hands for supporting the militia em- ployed on the east side of Hudson's river while the ene- my's ships of war were in the river appears to have been founded on mistake. On motion, Ordered, That the order of the 18th instant respecting those accounts, together with the schedule containing the names of the persons who have not accounted to the Trea- surer, be recommitted to Mr. Ten Broeck, Mr. Bancker and Mr. Duer, who are hereby appointed a committee for that purpose. On motion of General Ten Broeck, Resolved, That Mr. Gerard Bancker the Deputy Trea- surer of the State, do immediately draw upon the loan of- ficers of the city and county of Albany in favour of the chairman of the committee of Albany, for whatever inte- rest of the loan office money is at present in their hands, not exceeding the sum of twelve hundred pounds ; and the said committee are hereby ordered to apply the sum so received to the payment of the one-half of the bounty to the rangers raised in the said county, and to the pay- ment of the subsistence money to the company raised in the city of Albany for guarding the stores and vessels with provisions and ammunition in and about the said city. The report of the committee to whom was referred M the consideration of a more effectual mode of detecting and defeating the designs of the internal enemies of this State," was again read. 160 On motion the resolutions of the Provincial Congress of the 5th day of June last, appointing a committee to call before them and secure persons dangerous and disaffected to the American cause and those of equivocal character, were also read. The resolution of the Convention of the Representatives of this State, increasing the powers of the respective county committees as to dangerous persons, and also the resolutions of the Convention, on the 26lh day of August last, authorizing the county committees to secure persons committed or to deliver the goals, were respectively read. The Convention then resumed the consideration of the said report of the committee mentioned, the same was again read, and on motion made and seconded, the ques- tion was put whether the same shall be rejected, which was carred in the negative. A letter from Genl. Washington was read and follows, vizt : "Head-Quarters, ) " Heights of Harlem, Septr. 20th, 1776. $ " Gentn. — Having reason to believe the enemy will at- tempt to gall us with their ships of war from the North river as soon as they are ready to open their batteries against the front of our lines, which we expect them to erect with great industry, I beg leave to mention that I think it may be of immense consequence if your Honour- able Body will order down some of your fire ships, which may lay just above the obstructions in the river under co- ver of the guns of Fort Washington, where they will be ready to act in case the ships should attempt to come up. "Hurried and surrounded with a thousand things, I have only time to add, that " I have the honor to be, with great esteem, " Gentn. your most obt. st. "GO. WASHINGTON." On reading the letter of His Excellency General Wa- shington of the 20th instant, requesting this Convention to order down some of their fire ships to lay just above the obstructions in the Hudson's river, Resolved, That the two fire ships charged bv Captain Hazelwood, be immediately despatched to Fort Washing- ton, or near it. And, Ordered, That Gilbert Livingston, Esqr. or any other member of the committee for obstructing the navigation of Hudson's river who may now be at Poughkeepsie, do im- mediately despatch the two fire ships prepared and charged by Captain Hazelwood, with proper persons to navigate them, under cover of the guns of the said fort, and there deliver them to the care of such person as His Excellency Genl. Washington has or shall appoint to take charge of them. Ordered, That a copy of the above resolution and order be despatched to His Excellency General Washington, and another copy to Gilbert Livingston, Esqr. A draft of a letter to His Excellency, was read and ap- proved, and is in the words following, to wit : "Sir — The Convention have received your Excellency's letter of Septr. 20th, and have, in consequence, entered into the enclosed resolution, which I am directed to trans- mit. We are sorry that it is not in our power to send down more than two fire ships, as they have no more charged in such a manner as to be depended on. " A committee of correspondence has been established by the Convention, for the purpose of communicating to and receiving intelligence from the army. The express will receive orders to call upon your Excellency daily, and any commands or intelligence which your Excellency may think proper to transmit, will be thankfully received and punctually attended to, by " Your Excellency's most obedient humble servant, " By order. " To His Excellency Genl. Washington." 638 JOURNAL OF THE PROVINCIAL CONVENTION. Ordered, That a copy be engrossed, and signed by the President, and transmitted. A letter from the Quarter-Master-General to Capt. Cook, open, directing him to purchase and procure timber and oak plank with all possible despatch for the army ; and an or- der of the said Quarter-Master to Capt. Cook to purchase vessels, or take them at an appraisement, for completing the obstructions to the navigation of Hudson's river oppo- site to Mount Washington. Ordered, That Mr. Duane, Mr. Sackett and Mr. R. R. Livingston, be a committee to go out and confer with Capt. Cook on the subjects of those two papers, and know what aid he expects of this Convention in the premises. The Convention resumed the consideraton of the report of the committee on "a more effectual mode of delecting and defeating the designs of the internal enemies of this State." A letter from Thaddeus Crane to Major Jos. Benedict, dated the 17th instant, was read. He therein informs that the disaffected are grown troublesome and impudent, and that it is necessary that some remedy be provided. He suggests the necessity of removing a number of disaffect- ed persons from Salem, and raising a company of 25 or 30 men, under the command of Capt. Samuel Dellavan, for the purpose of awing and detecting the disaffected, in- sulting villains. A pathetic letter on the same subject, from Major Jos. Benedict to Colo. Drake, dated the 18th instant, was also read and filed. A letter from John White, of Rhynbeck precinct, to Capt. Zeph. Piatt, dated the 16lh instant, was also read and filed. He therein complains of great desertions from the army ; that at least thirty deserters are thereabout in the woods, and supported by disaffected persons ; that some remedy ought to be applied. The Convention then spent some further time in consi- deration of the said report, and the letters above mention- ed. Thereupon, Resolved, That thirty men be raised in Westchester county, by Capt. Samuel Dellivan, and put on the same establishment as those under the command of Capt. Micha. Townshend ; that they compose one company, under the command of the said Capt. Samuel Dellivan, who is here- by empowered to appoint three sergeants, three corporals, and a drummer and fifer in the said company. Doctor Crane had leave of absence, to return on Wed- nesday next ; Mr. Duer dissenting. The Convention adjourned one hour. Die Sabbati, 4 ho. P. M. Septr. 2\st, 1776. The Convention met pursuant to adjournment. Present — Abraham Yates, Junr. Esqr. President. Mr. Duane, Mr. Bancker. Mr. Harper — New-York. Mr. R. R. Livingston, Mr. G. Livingston, Mr. Piatt, Mr. Sackett— Dutches. The President, Genl. Ten Broeck, Mr. John Ten Bioeck, Mr. Robt. Yates— Albany. Mr. Wisner, Mr. Little, Doctr. Sherwood, Mr. Jos. Smith, Colo. Alli- son — Orange. Mr. Wm. Smith, Mr. Hobart— Suffolk. Mr. Mills, Major Lockwood, Colo. Van Cortlandt, Colo. Drake— Westchester. Mr. Duer, Major Webster— Charlotte. Mr. Wisner, Junr. Major Parks — Ulster. Mr. Moore, Mr. Wm. Harper, Mr. Veder— Tryon. Mr. Stevens, Mr. Sessions— Cumberland. A letter from Thos. Randall, Esqr. one of the marine committee, dated at Elizabeth Town, the 7th Septr. was read and filed. A letter from Thos. Quigley, mate of the privateer Put- nam, dated at Cranberry inlet, the fourth instant, was also read and filed. The petition of the officers and mariners of the said ves- sel of war, was also read and filed. It thereby appears that there is a mutiny on board of the said vessel, and the mariners and crew demand their wages and refuse to continue in the said vessels under the command of Capt. Thos. Creiger. Ordered, That those papers be deferred for considera- tion. The Convention resumed the consideration of the report of the committee " on a more effectual mode of delecting and defeating the designs of the internal enemies of this State." The same being read by paragraphs, resolved on, and agreed to, is in the words following, to wit : Whereas divers of the inhabitants of this State have, by the wicked arts and insidious and corrupt practices of William Tryon, Esq. late Governor of the Colony of New- York, and his adherents, been seduced to take part with our enemies, and aid and abet their measures for subjugat- ing the United States of America : And whereas, al- though sundry of the said parricides have been discovered and secured, yet there is the highest reason to believe that the measures hitherto pursued fully to detect and suppress such inquitious practices and conspiracies, have not been effectual : And whereas this Stale is at present invaded by a powerful army at the Capital, and threatened with the incursions of another army, attended with a host of savages, on its northern and western frontiers, this Con- vention find themselves reduced by the great laws of self- preservation, and the duties which they owe to their con- stituents, to provide that no means in their power be left unessayed to defeat the barbarous machinations of their domestic as well as external enemies, and do, therefore, Resolve, That a committee be appointed for the express purpose of inquiring into, detecting and defeating all con- spiracies which may be formed in this State, against the liberties of America ; that they be empowered to send for persons and papers ; to call out such detachments of the militia, or troops in the different counties, as they may, from time to time, deem necessary for suppressing insur- rections ; to apprehend, secure or remove such persons whom they shall judge dangerous to the safety of the State ; to make drafts on the treasury for a sum not exceeding five hundred pounds ; that they be empowered to enjoin secre- cy upon their own members, and the persons employed by the committee, whenever they shall judge the same neces- sary ; and in general to do every act and thing whatsoever, which may be necessary to enable them to execute the trust hereby reposed in them ; that the said committee keep regular minutes of all their proceedings and expendi- tures, together with the examinations which they may from time to time take, and the correspondence they carry on for executing these resolutions, in order that the whole, or any part thereof, may be submitted to the consideration of this Convention, or future Legislature of this Stale, when- ever and as often as they may think proper to call for the same ; that they be empowered, if they shall think it necessary, to raise, officer and put under pay, any number of men, not exceeding two hundred and twenty, officers in- cluded, to be upon the same establishment with those un- der the command of Captain Melancton Smith, and to sta- tion them in such places, and to employ them on such ser- vices as they shall judge expedient for the public safety. Resolved, That the company of thirty men, ordered this day by this Convention to be raised by Captain Delavergne, be under the direction of the said committee. Ordered, That the several committees in this State do, from time to time, transmit to the above mentioned com- mittee all such information as they shall receive, relating to any machinations and conspiracies against this Slate ; and that copies of these resolutions be immediately sent by express to the chairman of the county committees, and to all the brigadier-generals or commanding officers of the militia in this State, that they may govern themselves ac- cordingly. Extracts from the minutes, ROBERT BENSON, Sec'ry. JOURNAL OF THE PROVINCIAL CONVENTION. 639 Resolved and Agreed unanimously, That the said com- mittee be chosen by ballot ; and the ballots of the several counties being delivered in and told, William Duer, Charles D. Witt, Leonard Gansevoort, John Jay and Zephaniah Piatt, Esquires, appeared duly elected by a majority of votes to be the members of that committee. Resolved, therefore, That those gentlemen be the com- mittee. Resolved, That Nathaniel Sackett, Esquire, be added to and be a member of the said committee. And, Ordered, That the Secretaries send notice to Charles D. Witt, Esquire, of his appointment to be one of this com- mittee, and desire his attendance. Resolved, That the chairman and two members of the said committee, be a quorum to proceed on business. Resolved and Ordered, That the examinations of Sa- muel Gale, William Tredwell and Benjamin Ludlum, be delivered to the said committee ; that they take the same, with any other papers or evidences relating thereto, into consideration, and commit them or take securities of them, or liberate and discharge them respectively, as the said committee may think proper. Resolved and Agreed, That the order for committing the said Samuel Gale, Benjamin Ludlum and William Tred- well, to the officer of the guard at this place, be rescinded. And, Ordered, That the Secretaries take security of each of them, by bond, with a surety to the President in the sum of £500 each, with condition for their appearance respec- tively before the said committee on request, and in the mean time net to depart farther than two miles from the Dutch church at Fishkill. On report of the committee who went out to confer with Capt. Cook, Resolved, That the secret committee for obstructing the navigation of Hudson's river, be empowered and directed to purchase and impress for the service of this State, any number of vessels not exceeding six, which they shall think best calculated for the purpose of completing the obstruc- tions in Hudson's river opposite to Mount Washington ; that they cause an appraisment of the said vessels to be made by persons under oath, in the most equitable and ex- peditious manner possible, in order that satisfaction may hereafter be made by this Convention to the owners of such vessels ; and it is recommended to the said commit- tee to request the services of Capt. Thomas Greenell in ballasting and navigating, and delivering those vessels to Capt. Cook at Fort Washington. Resolved, That the said committee be directed to send all the oak plank (which they have in their possession) to Mount Washington, with the utmost despatch. Resolved, That the superintendents for building the Con- tinental frigates be earnestly requested to send as much of their short oak plank as they possibly can spare, to Fort Washington, with the utmost despatch, and this Conven- tion do engage to justify their conduct in this particular to the Honourable the Continental Congress. Resolved, That the last appointed Committee of Safety, with the addition of four members hereafter named, be re- vived. That therefore Mr. Duane, Mr. Hobart, Genl. Ten Broeck, Mr. Duer, Mr. Wm. Smith, Mr. Wisner, Mr. Bancker, and the four following members, vizt. Mr. Ten Broeck, Major Lockwood, Mr. Moore and Mr. Joshua H. Smith, constitute a Committee of Safety ; that any four of them present at this place, be a quorum ; that every other member who may attend, have a voice in the Committee; that the said Committee have power to send for any mem- bers of this Convention who may be absent, and that they continue a Committee of Safety until the first meeting of a representation of this State in Convention. N. B. Colo. Van Cortlandt excused from being of the Committee of Safety, that he may go to relieve his family now in a boat or pettiauger on the river. JOURNAL OF THE COMMITTEE OF SAFETY. MONDAY MORNING. September 23rd, 1776. The following members met in Committee of Safety, to wit : Mr. Bancker,* Mr. Duane — Members of New-York. Mr. Sacket — Of Dutchess. Mr. Duer,* Major Webster*— Charlotte. Genl. Ten Broeck,* Mr. Ten Broeck*— Of Albany. Major Lockwood* — Of Westchester. Mr. Sessions, Mr. Stephens— Cumberland. Mr. Little, Mr. Jos. Smith* — Orange. Mr. Moore,* Mr. Harper, Mr. Veder— Tryon. Those whose names are marked with an asterisk, are of the quorum of the Committee of Safety. The Committee proceeded to the choice of a Chairman, when Brigadier-General Abraham Ten Broeck was unani- mously elected. Mr. Duer, one of the members of the committee for es- tablishing riders betwixt this place and Head-Quarters, at or near King's Bridge, for the purpose of obtaining the most early intelligence, reported a letter from Brigadier-Genl. Scott, dated at the camp at. King's Bridge, Septr. 21st, giving intelligence of a great fire which happened the pre- ceding night in the city of New-York, but that he had not been able to get any information as to the particulars of it. The same was read and immediately returned to Mr. Duer to be filed with the committee papers. A letter from John Barclay, Esqr. chairman of the com- mittee of Albany, dated the 21st inst. and directed to Mr. McKesson, one of the Secretaries of the Convention of this State, was read. Mr. Barclay acknowledges the receipt of a resolution of the Convention, relative to Brooks and Roff, skippers of two Albany sloops, who are charged with having deserted the service, with their sloops laden with military stores, &c. and which they took on board at New- York, to be landed at or near King's Bridge. Mr. Barclay also informed the Convention that the said committee have despatched a batteau well manned, down the river in quest of them. Whereas the Convention of this State did, on the 17th instant, appoint a Committee of Safety, to continue till the 161 next meeting of a representation of this State in Conven- tion, and authorized them to send for any members of the Convention who may be absent without leave, which said Committee was, with the addition of four members, and with the like power, on the 21st inst. revived. There- fore, Ordered, That a messenger be immediately despatched to summon the following members who are absent without leave, to attend on the public business without delay, and that thev pay the messenger a reasonable compensation for his trouble and expenses, to wit : Mr. Mills, Major Parks, Mr. Wisner, Junr. Colo. Sherwood, Colo. Allison, Colo. Livingston, Mr. Zepha. Piatt and Mr. Stevens. On motion of Mr. Duer the sense of the Committee was taken, whether Colo. Drake had leave of absence, and the question being put, it was determined nem. con. in the ne- gative. The question was then put, whether the messenger shall be despatched to require Colo. Drake's immediate atten- dance : determined in the negative, because Colo. Drake's presence in Westchester county, is absolutely necessary in order to inform the Committee of the measures which at the time of his departure the Convention had un- der consideration, for detecting and defeating conspiracies of the disaffected. Monday Afternoon, Septr. 23rd, 1776. The Committee met pursuant to adjournment. Present — Brigadier-Genl. Ten Broeck, Chairman. Mr. Bancker,* Mr, Duane* — For New-York. Major Lockwood* — Westchester. Mr. Ten Broeck,* Genl.Ten Broeck*— Of Jlbany. Mr. Moore,* Mr. Harper, Mr. Veder— Tryon. Mr. Piatt, Mr. Sacket- Of Dutchess. Mr. Duer,* Mr. Webster*— Charlotte. Mr. Smith*, Mr. Little— 0/ Orange. Mr. Sessions— Cumberland. Those marked with an asterisk, are of the quorum of the Committee of Safety. The memorial of Wm. Tredwell now detained at this place by order of the Convention, on the suspicion of G42 JOURNAL OF THE COMMITTEE OF SAFETY. holding correspondence with the enemy, he having been on Long Island since the same has been in possession of the enemy, was read and filed. Ordered, That the said memoral be referred to the com- mittee appointed for detecting conspiracies, &c. Mr. Duer, a member of the committee of correspondence and intelligence, informed the Committee of Safety that he has transmitted to His Excellency General Washington, copies of the resolution of the Convention, authorizing the secret committee to purchase, or impress, any number of vessels not exceeding six, to complete the obstructions of the navigation in Hudson's river, opposite to Fort Wa- shington, and of the resolution requesting the superinten- dents of the frigates building at Poughkeepsie, to send down to Mount Washington all the short oak plank they can spare. The letter from John Thomas, Junr. Esqr. chairman of the committee of safety for Westchester county, which was received in Convention on the 21st inst. relative to the indigent inhabitants of the city of New-York, who were sent into that county by a committee of the Convention for that purpose appointed, was read. Ordered, That the Secretaries write a letter to Mr. Thomas, enclosing a copy of the resolutions of the Con- vention, on that subject, passed the 21st August last, and request of him that he cause leport to be made of all the indigent persons which have been sent into that county, agreeable to the directions of the said resolutions, and that this Committee, or the Convention, will make provisions for defraying the expenses of supporting them. Adjourned till to-morrow morning. TUESDAY MORNING, Sept. 24th, 1776. The Committee met pursuant to adjournment. Present — Brigadier-Genl. Ten Broeck, Chairman. Mr. Bancker,* Mr. Duane* — New-York. Mr. Little, Mr. Jos. Smith* — Orange. Major Webster* — Charlotte. Mr. Ten Broeck,* Genl. Ten Broeck*- — llbany. Major Lockwood* — Westchester. Mr. Sessions, Mr. Stephens — Cumberland. Capt. Piatt — Dutchess. Mr. Moore,* Mr. Harper, Mr. Veder — Tryon. Note. — Those marked with an asterisk are a quorum of the Commit- tee of Safety. There being no material business proper for the Com- mittee to take up, Adjourned till 4 o'clock this afternoon, unless the bell should be ordered to ring before that hour, in which case the members agree to give immediate attendance. Tuesday Afternoon, Septr. 24th, 1776. The Committee met pursuant to adjournment. Present — General Ten Broeck,* Chairman. Mr. Bancker* — New-York. Mr. Piatt— Dutchess. Mr. Moore,* Mr. Harper— Tryon. Genl. Ten Broeck,* Mr. Ten Broeck*— Albany. Major Lockwood* — Westchester. Mr. Duer,* Major Webster*— Charlotte. Major Parks, Mr. Wisner— Ulster. Mr. Little — Orange Mr. Sessions, Mr. Stephens — Cumberland. Note. — Those marked with asterisks are a quorum of the Com- mittee. Thomas Creiger, commander of the schooner General Putnam, a vessel of wnr filled out by, and belonging to this Slate, wailed upon the Committee, and informed them that the said schooner is very much out of repair, and as the winter is approaching, submitted to the Committee whether it would be proper to keep the said schooner long- er in service. The Committee were of opinion that this matter be re- ferred to the consideration of the Convention. Capt. Cregier was called in, and directed to wait the meeting of the Convention. A letter from Colo. Levi Pawling, dated the 23d instant, was read and filed. The colonel complains much of the want of a surgeon to his regiment, and requests that Mr. Joseph Crane may be appointed to that office. Ordered, That this letter be referred to the Convention at their first meeting. Adjourned till to-morrow morning 9 o'clock. WEDNESDAY MORNING, Septr. 25th, 1776. The Committee met pursuant to adjournment. Present— Brigadier-Genl. Abm. Ten Broeck, Chairman. Mr. Duane,* Mr. Bancker,* Mr. Dmscomb— New-York. Mr. Little, Mr. Josa. Smith*— Orange. Genl. Ten Broeck,* Mr. Ten Broeck* — Albany. Colo. Van Cortlandt, Major Lockwood,* Colo. Drake — Westchester. Mr. Sessions, Mr. Stephens — Cumberland. Mr. Sackett, Mr. Piatt— Dutchess. Mr. Moore,* Mr. Harper — Tryon. Major Parks, Mr. Wisner, Junr. — Ulster. Mr. Duer,* Major Webster*— Charlotte. Those marked with an asterisk are a quorum of the Committee. A letter from General Washington, dated at the Heights of Harlem, September 23d, containing a particular account of the manoeuvres of the enemy on their landing on New- York island, and ot the behaviour of our troops, who were stationed to oppose their landing, also an account of the skirmish when the enemy attacked the Heights at the north end of Harlem lane, and of the loss on both sides, was read nnd filed. A letter from General Scott, to the committee of intelli- gence, was introduced by Mr. Duer and read. General Scott gives a particular account of the great fire which lately happened in New-York ; and also of a little expedi- tion to Montresor's island, in which our troops failed of success, and were obliged to retreat, with the loss of the brave Major Henly, killed, and several others wounded and missing. A leltei from Messrs. Clark and Nightingale, dated Pro- vidence, September the 16th, relative to two prizes, to wit : The brig Temple, from a whaling voyage, and a Bermu- dian sloop, both taken on the south side of Long island by the armed Continental sloops Schuyler and Miflin, and the armed sloop Montgomerie, fitted out by the State of New- York. A state of the case of the brig, drawn up by a lawyer, was also enclosed, were respectively read and filed. Ordered, That the said letter be referred to the Con- vention on their first meeting. A memorial of Cornelius Atherton, dated this day was read and filed. He prays that he, with his men, may be exempted from military duty, that he may be enabled "to fulfil his contract, entered into with the Representatives of this State, for ma- nufacturing muskets. Referred to the Convenlion. Adjourned to four o'clock this afternoon. Die Mercurii, 4 ho. P. M. Septr. 25th, 1776. The Committee met pursuant to adjournment. Present — Abraham Ten Broeck, Esqr. Chairman. Mr. Bancker, Mr.Jno.Ten Broeck, Colo. Van Cortlandt, Mr. Sackett Mr. Wisner, Junr. Major Lockwood, Mr. Little, Mr. Moore, Mr. Wra! Harper. No other members appearing, and no urgent business having offered, the Committee adjourned till nine o'clock to-morrow morning. JOURNAL OF THE PROVINCIAL CONVENTION. THURSDAY MORNING, Septr. 26th, 1776. The Convention met. Present — Mr. Duane, Mr. Dttnscomb, Mr. Baucker— New-York. Major Lockwood, Colo. Van Cortlandt, Colo. Drake— Westches- ter. Genl. Ten Broeck, Mr. Ten Broeck, Colo. Livingston— Albamj. Mr. Little, Mr. Jos. Smith— Orange. Mr. Wisner, Junr. Major Park — Ulster. Mr. Harper, Mr. Moore, Mr. Veder — Tryon. Mr. Sacket, Capt. Platt — Dutchess. Major Webster, Mr. Duer — Charlotte. Mr. Sessions, Mr. Stephens — Cumberland. The President, Abraham Yates, Junr. Esqr. with leave, being gone home to visit his family, the Convention pro- ceeded to elect by ballot a President. Colo. Peter R. Livingston was duly elected, and ac- cordingly took the chair. On motion of General Ten Broeck, Resolved, That a Committee of Safety be immediately appointed, to consist of the President, with Mr. Duane, Mr. Duer, Colo. Van Cortlandt, Zephania Platt, Mr. Wm. Harper and Colo. Drake ; that any three of those gentlemen with the President be a quorum ; that every member of the Convention who may attend have a vote ; that no member of Convention depart this neighbourhood without leave of the Committee of Safety ; and that the said Committee have power and are hereby authorized to send for absent, members of the Convention of this State. Mr. Veder being so sick and indisposed that he is una- ble to sit or attend the Convention, and there not being members sufficient to continue the Convention without Mr. Veder's attendance ; therefore the Convention from necessity adjourned till nine o'clock to-morrow morning. And Ordered, That the Committee of Safety meet immedi- ately. JOURNAL OF THE COMMITTEE OF SAFETY. THURSDAY AFTERNOON, Septr. 26th, 1776. The Committee of Safety met. Present — Colo. Peter R. Livingston,* Chairman. Mr. Duane,* Mr. Dunscomb, Mr. Bancker — New-York. Major Lockwood, Colo. Van Cortlandt,* Colo. Drake* — West- chester. Genl. Ten Broeck, Mr. Ten Broeck, Colo. Livingston — llbany. Mr. Little, Mr. Jos. Smith — Orange. Mr. Wisner, Junr. Major Parks — Ulster. Mr. Harper,* Mr. Moore — Tryon. Mr. Sacket, Capt. Platt* — Dutchess. Major Webster, Mr. Duer* — Charlotte. Mr. Sessions, Mr. Stephens — Cumberland. Those marked with an asterisk are a quorum of the Committee. A letter from Stephen De Lancey, Esqr. (now confined at Hartford) to States M. Dyckman, was read. Mr. Dyckman being called in and examined says, that he knows the horses mentioned in Mr. De Lancey's letter ; that they were kept on the farm of James De Lancey, Esqr. at Westchester ; that one of them is a bay horse, about 15 hands high ; the other likewise a bay horse, about 14 hands high ; that about a week ago, he went to the farm of Mr. De Lancey and saw one of the horses, the large one ; the other, the small one, he thinks perhaps may have been taken to Long island with the family. States M. Dyckman withdrew. The Committee took the said letter and Dyckman's ap- plication for an order for the horses of Stephen De Lancey into consideration. After sometime spent therein, an or- der with recitals on that subject, being several times read, amended and moved for, is in the words following, to wit: Whereas it has been represented in behalf of Stephen De Lancey, Esqr. now confined on his parol to the town of Hartford, in Connecticut, by order of the general com- mittee of the county of Albany, that one of his horses has been taken, and is at present employed by persons in the Continental army ; and it being highly expedient that care should be taken to prevent the destruction of the pro- perty of all persons who are removed from their usual places of residence, by the authority of this State : 162 Resolved, therefore, That States M. Dyckman (recom- mended for that purpose by Mr. De Lancey) be authorized to take the custody and charge of the said horse belonging to the said Stephen De Lancey. Provided always, that the said horse belonging to the said Stephen Delancey has not been impressed by proper authority for the service of the army ; and that nothing in this resolve contained shall exempt the horses of the said Stephen Delancey from be- ing impressed in common with those of other persons in this Stale. Debates arose on the said proposed resolution, and the question being put thereon, the Committee were equally divided, vizt : nine for the affirmative, and nine for the negative. The Chairman then determined against the said proposed resolution, wherefore it was rejected. A letter from Thomas Cregier, dated this day, was read. He therein gives a state of the vessel of war, the General Putnam, and her crew ; that his men want their wages, and the vessel out of repair and unfit for the sea, and advises that she be laid up or sold. Ordered, That the said representation be filed, and re- ferred to the consideration of the Convention. The memorial of John McCamley and of Orange county, setting forth the distresses of the inhabi- tants for want of salt, and that certain quantities of salt are stored in Orange county, was read. A resolution of the committee of Dutches county, re- straining the sale of the salt stored in Dutches county, was also read. They therein pray directions how the said salt may be most advantageously disposed of. The resolution of the Continental Congress, directing the mode of the sales of salt, was also read. Ordered, That the said papers, relating to the article of salt, be committed to Capt. Zeph. Platt, Mr. Dunscombe, Colo. Drake and Mr. Duane, hereby appointed a com- miltee to report thereon. Mr. Duer one of the members of the committee of cor- respondence, delivered in a letter from Tench Tilghman, Esqr. dated the 24th instant, which was read. He there- in mentions His Excellency General Washington's satis- faction that the Convention should aid in obstructing the navigation of Hudson's river. 646 JOURNAL OF THE COMMITTEE OF SAFETY. Ordered, That the said letter be made a part of the minutes of this Committee, the said letter follows, vizt : " Head-Quarters, Harlem Heights, J " 24th Sept. 1776. $ " Dear Sir — I have this moment the honour of yours of the 22d instant, acquainting me that Mr. R.K.Livingston and yourself had been empowered by your committee of correspondence to employ some person about Head-Quar- ters to communicate daily, such interesting intelligence as may be expected to occur, at this critical time, and that you were anxious I should undertake this task. I feel myself highly honoured by this mark of distinction, and you may be assured I will exert myself to give you satis- faction in my office. " His Excellency informs me that he wrote your Con- vention fully yesterday, and desires me to say that he has only to thank them for the attention they are paying to the obstruction of the North river, which he hopes will be ren- dered effectual by this intended additional obstruction above the chevaux-de-frise. We hear that our forces were obliged to abandon Powle's Hook yesterday evening ; but as we have no particulars of the matter or manner, I must wait the return of Genl. Greene, who went down that way this morning to make himself fully informed. You shall hear more of it to-morrow. I beg you will let me know in your next, who is President of your committee of correspon- dence, as I suppose my letters, in my official capacity, are to be addressed to him. I shall till then address myself to you. You are pleased to call me Richard, but I have the honour and pleasure to be " Yr. most obt. " TENCH TILGHMAN. " William Duer, Esqr. at Fishkill." Die Jovis, 4 ho. P. AT. Septr. 26th, 1776. The Committee of Safety met pursuant to adjournment. Present — Colo. Peter R. Livingston, Chairman. Mr. Dunscombe, Mr. Duane — New-York. Colo. G. Drake, Major Lockwood — Westchester. Mr. Sessions, Mr. Stevens — Cumberland. Colo. Livingston, Genl. Ten Broeck, Mr. Jno. Ten Broeck — Albany. Mr. Little, Mr. Jos. Smith — Orange. Mr. Wisner, Junr. Major Parks — Ulster. Mr. Wm. Harper, Mr. Moore— Tryon. Mr. Sackelt, Capt. Zeph. Piatt— Dutches. Major Webster, Mr. Duer, Colo. Williams — Charlotte. A letter from Benjamin Dupuy, chairman of the com- mittee of Mamacotting precinct in Ulster county, was read and filed, and is dated the 23d instant. The said chairman thereby informs that a vacancy ot a military officer had arisenby Capt. De Witt's engaging the ranging service: that thereby the following gentlemen were duly promoted and elected, vizt : Abraham Cuddeback, Junr. captain; Ro- bert Cock, first lieutenant ; Samuel King, second lieute- nant, and Samuel Dupuy, ensign. Ordered, That the said commissions issue, and they were issued accordingly. A letter or request of Joab Hoisington, was received and read, and is in the words following, to wit : " To the Honourable Nathaniel Woodhull, President of the Honourable Congress of the State of New- York : Agreeable to the order of the Honourable the Congress, I have sent the muster-rolls of the several companies un- der my command by Elizur Andrews, the bearer, begging the favour of your forwarding the remainder of the bounty, rations and first month's wages, taking his receipt for the same. " I am, sir, your humble servant, "JOAB HOISINGTON. "N. B. Please to remit my wages and rations, likewise as much of the ration as the Honourable Congress shall see fit — find it much easier to purchase supplies with cash." A return of the commissioned officers of the four com- panies of rangers, commanded by Major Hoisington, sign- ed by James Clay, chairman, was also read, and certain muster rolls of the said companies were also delivered in. The Committee took the same into consideration ; after some time spent therein, a motion was made and seconded that a sum sufficient to answer the purposes of Major Hois- ington's request, be transmitted to him. It was objected, that the committee of that county had, by their letter or declaration to this Convention, dated the 21st of June last, reserved, or pretended to reserve, to the people of that county a right of seceding from the govern- ment of this State ; that the State has already been at great expense for that county ; that further expenditures on their account ought not to be made, until the jurisdiction of this State is fully acknowledged by the inhabitants of that county. After sundry debates on this subject, at the request of a member, Mr. Stevens, one of the Deputies from that coun- ty, was interrogated whether he, as a Representative of Cumberland county, acknowledges the jurisdiction of this State over the said county ? Mr. Stevens declared that he does fully acknowledge the jurisdiction of this State over the said county. The like question being asked of Mr. Sessions, he also answered in the affirmative, and declares he does, as a Re- presentative of Cumberland, county fully acknowledge the jurisdiction of this State over the county of Cumberland and its inhabitants. The further consideration of this subject was postponed till to-morrow. Adjourned. FRIDAY MORNING, September 21th, 1776. The Committee of Safety met pursuant to adjournment. Present — Colo. Peter R. Livingston, the Presidt. Chairman. Mr. Bancker, Mr. Dunscombe, Mr. Duane — New-York members. Mr. Jos. Smith, Colo. Sherwood, Mr. Little— Orange. Genl. Ten Broeck, Mr. Ten Broeck, Colo. Livingston— Albany. Colo. Drake, Major Lockwood, Colo. Van Cortlandt— Westchester. Mr. Wisner, Major Parks— Ulster. Mr. Moore, Mr. Harper — Tryon. Mr. Sacket, Mr. Piatt, Major Schenk— Dutches. Mr. Duer, Major Webster, Colo. Williams— Charlotte. Mr. Sessions, Mr. Stevens— Cumberland. Mr. Duer from the committee for establishing posts, and obtaining intelligence, introduced a letter from Tench Tilghman, Esquire, dated at Head-Quarters, Heights of Harlem, Septr. 25th, 1776, and directed to Mr. Duer ; the same being read, it is Ordered, That such part of the said letter as relates to General Washington's application for powder, be imme- diately transmitted by express to Henry Wisner, Junr. and John R. Livingston, Esquires, and that they be requested to forward all the powder which they have on hand to King's Bridge, with all despatch, and that they be em- powered to apply to General James Clinton for a proper guard, to escort the said powder. The part of Mr. Tilghman's letter above referred to, is as follows : " His Excellency begs your board would immediately order down what powder is ready at Wisner's and Living- ston's mills." A letter from Brigadier-General Petrus Ten Broeck, en- closing the returns of the militia of his brigade in Dutchess county, (excepting the regiments of Colo. BrinckerhofT and Colo. Graham,) and a request that other field officers of the militia, may be commissioned in the place of those called into actual service. Ordered, That the Secretaries write to the General and inform him that the returns sent by him are irregular, and JOURNAL OF THE COMMITTEE OF SAFETY. 647 that he be requested to transmit to Convention a proper brigade return of the whole militia of Dutchess, that the Convention be enabled to judge of the remaining strength of the said militia. Colo. Williams delivered in the return of his regiment of militia in Charlotte county, was put on the file. Mr. Joshua H. Smith has leave of absence for three days. Mr. Duer dissents thereto. A letter from David Mathews, dated at Litchfield the 25th of September, was read. A copy of a letter from Capt. Moses Seymour to Gover- nor Trumbull, dated Litchfield, on the 20th Septr. in- stant, relating to the conduct of David Mathews, was also read. Ordered, That the said letters lie on the table for the perusal of the members. John Campbell who was sent as a messenger to Abra- ham Lott, Esqr. late Treasurer of the Colony of New-York, with a certified copy of the resolutions of this Convention, relative to the public treasury, and his contempt in not having accounted pursuant to the order of the Provincial Congress of the 17lh March last, delivered the following representation from Abraham Lott, Esqr. vizt : " To the Honourable Convention of the Representatives of the State of New-York. " Gentlemen — Yesterday evening I received by Mr. John Campbell your resolves and orders of the 17th in- stant, directing me to make answer in writing, why the order of the Provincial Congress of the 9th March last, re- lating to the delivery of my public accounts, has not been complied with. " Permit me, gentlemen, to assure you that the omis- sion has not proceeded from neglect of your authority, which I trust many of the Honourable Convention are well convinced of, but from the following causes : " Shortly after I received the order of the 9th March, I had the misfortune to wound my left arm in the wrist in such a manner that I could not make any use of it for six weeks. When I got in part over this incapacity, I was attacked with the gout, which confined me six weeks longer at this place, and my books and accounts being in New-York, put it out of my power for three months to do any thing in the matter. After this I went to the city wiih intent to comply with this order, but the troubles increas- ing, and every body moving out of town, and advising me to do the same, as the fleet was arrived at Staten island, I packed up my books and papers in a hurry, and brought them here about a month ago from Newark, where they some time laid for want of a wagon to bring them up ; since which the times have been so very distressing, that I have not had resolution to finish the assorting of my papers, and thus am not prepared to make out my accounts. These, and not contempt or neglect, are the true causes why the order of the 9th March, has not been complied with. " However, to convince the Honourable Convention of my readiness to comply with its directions, will with all possible speed make out the accounts and attend them without delay, agreeable to the order of the 17th instant ; though cannot exactly mention the day, as I have still a num- ber of papers to assort. Permit me to add that no unne- cessary procrastination shall happen, and that I am with respect, " Your most obedient servant, " ABRM. LOTT. ''Berericyck, Septr. 22d, 1776. " P. S. On reading the foregoing to Mr. Campbell, he was very desirous that I would limit the time of my attend- ance as near as possible : for the satisfaction of the Con- vention, do not think it will be less than a fortnight, but will come sooner if in my power." Ordered, That the said letter be referred to the consi- deration of the Convention of this State. Major Henry Schenck, one of the Deputies of Dutches county, came into the Committee, who with the other members before named were a sufficient number to form a Convention. They therefore proceeded as a Convention. The Con- vention then took into consideration the application of Major Joab Hoisington from Cumberland county, for money for the bounty for the rangers, and paying their wages and sub- sistence. The letter or application of Major Hoisington was read. The return of the officers of the company of rangers un- der the command of Major Hoisington, signed by James Clay, chairman of the committee of Cumberland county, was also read. The letter from Cumberland county com- mittee of the 21st day of June last to this Committee, was also read. Debates arose on the application from Major Hoising- ton, occasioned by the said letter of the 21st day of June last. The following questions by order of the Convention were asked of the Deputies from Cumberland county, and their answers are here inserted, vizt : Question. Were you elected by the people of the coun- ty at large, or by the sub-committees in the towns ? Answer, (by Mr. Sessions and Mr. Stevens.) We were elected by the people of the county at large. Q. How is your county committee formed ? A. By two members sent from the committee of each town. Q. Were those committees appointed or elected by the people of the county before or after your election as De- puties ? A. The committees were elected long before the late election for Deputies to represent that county. Q. Have your county committee any power or authori- ty from the people to give such instructions or directions, or to make such declarations or reservations as are contain- ed in the said letter of the 21st of June. Mr. Sessions in answer declares ; that he is very confi- dent that the sub-committees or committee in Cumberland county, had not any directions or instructions from the people or inhabitants of Cumberland county to give such instructions or directions as are contained in the said let- ter of the 21st of June, or to make such declarations or re- servations as are therein mentioned. Mr. Stevens makes the like declaration, and says that the letter of the 21st June, was agreed to prevent any division in the county, as some few towns in the county were opposed to sending Depu- ties to Convention unless with such instructions. That he had not any particular instructions from the people of the town in which he resides, and believes the people of the other towns did not give any. That he conceives the cre- dentials from the county give him full and unrestrained power in forming a government. That he conceives him- self no further bound by those instructions than his vote, and then only in cases where the instructions are agreea- ble to his own judgment. Mr. Sessions says he shall think it his duty to pay re- gard to his instructions so far as to lay them before the House, and obtain a compliance with them so far as they shall appear to be right and beneficial. The Deputies from Cumberland county were then ask- ed whether if on debate it should appear that a matter con tained in or directed by those instructions would be injuri- ous to the State, they would think themselves bound by those instructions? They respectively answered, by no means ; that they did not think themselves bound by those instructions whenever they might work any injury to the State, or whenever they should be outvoted. The Convention were informed that the committee to whom was referred the said letter of the 21st of June, to this Convention, have not made any report thereon, and that the greater part of the members appointed on that committee are now absent. 648 JOURNAL OF THE COMMITTEE OF SAFETY. Ordered, That the said letter of the 21st of June last, and the application of Major Joab Hoisington for money to pay and subsist the companies of rangers mentioned in the returns thereof, by him made with the said returns, be committed to a committee. Ordered, That Mr. Duer, Mr. Duane and Mr. Ze- phania Piatt, together with Mr. Sessions and Colo. Ste- vens, be a committee for that purpose ; and that they re- port such facts relating to this matter, and what will in their opinion be most eligible to be done in the premises, with all convenient speed. Resolved and Ordered, That the committee appointed on the twenty-first instant " for the express purpose of enquiring into, detecting and defeating all conspiracies which may be formed in the State against the liberties of America," be and hereby are authorized and empowered at their discretion, to place guards at such place or places as they may think proper, for apprehending deserters from the American army ; and for detecting and defeating all conspiracies which are or may be formed in this State against the liberties of America; and to give such instruc- tions to those guards as the said committee may think ne- cessary for those purposes. Major Schenck produced to the Convention an account of Walter Hyer, for services done as a cooper in securing and preserving a quantity of oil said to belong to the Con- tinent, and now in store at Fishkill Landing, which is as follows, vizt : " The State of New-York, 1776. " To Walter Hyer, Dr. Septr. 14, To trimming 36 tierces of Spermaceti oil, the property of Contl. Congress, on board of the sloop Capt. Cook,. ... £2 12s Od Ordered, That Peter Van Brugh Livingston, Esqr. pay the above account to Henry Schenk, Esqr. for the use of Walter Hyer, and charge the same to account of the Con- tinent. Resolved, That a Committee of Safety be and hereby are appointed to act until a meeting of this Convention, to consist of the President, with Mr. Duane, Mr. Duer, Colo. Van Cortlandt, Mr. Zephania Piatt, Mr. Wm. Harper and Colo. Drake ; that any three of those gentlemen, with the President, be a quorum ; that every member of the Con- vention who may attend, have a vote ; that no member of Convention depart this neighbourhood without leave of the Committee of Safety ; and that the said Committee have power, and are hereby authorized to send for absent mem- bers of the Convention of this State. Die Veneris, 4 ho. P. M. Septr. 21th, 1776. The Committee of Safety met pursuant to adjournment. Present — Colo. Peter R. Livingston, Chairman. Mr. Duane,* Mr. Dunscomb, Mr. Bancker — New-York. Colo. Van Cortlandt,* Colo. Drake, Major Lockwood — Westchester. Genl. Ten Broeck, John Ten Broeck, Colo. P. R. Livingiton*— Al- bany. Mr. Little, Doctr. Sherwood — Orange. Major Park, Mr. Wisner, Junr. — Ulster. Mr. Wm. Harper,* Mr. Moore — Tryon. Mr. Sackett, Mr. Piatt*— Dutches. Mr. Sessions, Mr. Stevens — Cumberland. Lieutenant Brett informed the Convention that sundry prisoners are in the guard house, in custody of the guard at this place, under his command. Some of them detained as suspicious persons, travelling without any certificates or passes ; and others for reasons which were particularly assigned to the Convention. The said prisoners being severally brought in and exa- mined, Ordered, That Michael O'Farrell and Richard Gazat be respectively confined in the said guard house till further order of this Convention, or their Committee of Safety, there being great reason to believe, from the imperfect ac- counts given of themselves respectively, and particularly from the many contradictions in the account given by the said Richard Gazatt, that they are deserters from the Ame- rican army. The other prisoners were respectively discharged. JOURNAL OF THE PROVINCIAL CONVENTION. SATURDAY MORNING, September 28th, 1776. The Convention met. Present— Colo. Peter R. Livingston, President. Mr. Dunscomb, Mr. Bancker, Mr. Duane, Mr. Harper, Mr. Jay — For New-York. Mr. Wisner, Dr. Sherwood, Mr. Little— For Orange. Mr. Moore, Mr. Harper — Tryon. Genl. Ten Broeck, Mr. Ten Broeck, Mr. Gansevoort, Mr. Cut- ler, Colo. Livingston — For Jllbany. Mr. Platt, Mr. Sackett, Mr. Gil. Livingston — For Dutchess. Mr. Webster, Colo. Williams, Mr. Duer — Charlotte. Major Parks, Mr. Contine, Mr. Wisner — For Ulster. Major Lockwood, Colo. Drake, Mr. Tomkins, Colo. Van Cort- landt — For Westchester. Mr. Sessions, Mr. Stephens — Cumberland. General Ten Broeck and Mr. John Ten Broeck, have leave of absence for one month. Mr. Duane dissents. Mr. Wisner, Junr. has leave of absence for a fortnight, that he may be enabled to execute the order of the Com- mittee of Safety of yesterday, for forwarding the powder from his mill to King's Bridge, agreeable to the General's request. Resolved, That the committee appointed to prepare a form of government for this State, do report the same to the House on or before the 12th day of October next, and that the said committee may no longer be detained from that important business, Ordered, That the said committee sit every afternoon till they shall be ready to report. A letter from John Sloss Hobart, Esqr. directed to the Convention, dated at Head-Quarters, on the 26th instant, was read and filed. He therein informs that General Wa- shington has ordered Lieut. Colo. Livingston to repair to the forts in the Highlands with his detachment ; that he, Mr. Hobart, is concerting measures for the release of Genl. Woodhull ; that he has not heard of the committee of safety below the Highlands ; that the enemy are throwing up works to annoy our advanced posts ; that he wrote a letter to Convention yesterday, by Capt. Rogers, and re- quests an answer. 163 The letter from Mr. Hobart of the 25th instant, being brought in, was read. He therein informs, that in obedience to the order of Convention, he had called at the forts in the Highlands and found things in as good a state as could be expected, con- sidering the number of men in garrison ; that he had men- tioned to General Washington the necessity of a reinforce- ment from the army to those forts, and that the General said it was impossible ; that he had shewn the resolution of Convention for procuring an exchange for General Woodhull to his Excellency Genl. Washington ; that it is very doubtful how it can be effected ; that the Canada pri- soners are at the Hook, and are to be set on shore on their parol. He therein farther gives an account of the conflagra- tion of the city — requests to know by Capt. Rogers whe- ther the sloop of war Montgomery will be sold, and direc- tions how to dispose of one hundred and twenty pounds of public money which he left lately at Fairfield. Captain Rogers being called in and examined, as to the condition of the sloop Montgomery, says, that the vessel is in good repair ; that she wants nothing but provisions and a little gunpowder ; that one of the prizes which he formerly took, to wit, a small Bermuda sloop, is at Rhode Island, as he hopes, by this time, condemned ; that she had also on board some sails and rigging, taken from the other vessels of which he made captures ; that he brought off a few things in a boat from Huntington, at the time he took Isaac Ketcham and Samuel Skidmore ; that the lat- ter was a person who had taken possession of a farm of a brother of Capt. Zeph. Platt ; that he came to the Con- vention to request their directions how to dispose of the vessel, the Montgomery. Resolved, That the vessel of war, the Montgomery, be continued in the service of this State. That Mr. Harper, Mr. Bancker and Mr. Zeph. Platt, be a committee to give such instructions to Capt. Rogers as they shall think proper, to enable him to proceed on a cruise with all possible expedition ; and also that the said com- mittee give such directions to Capt. Rogers relative to any prizes, or prize goods, remaining on Nassau island, as they shall think proper. Ordered, That Mr. Jay be added to the committee ap- 650 JOURNAL OF THE PROVINCIAL CONVENTION. Sointed yesterday morning to report on the application of lajor Hoisington for money for the use of the rangers, and the other matters therewith committed. A short letter, dated the 27lh instant, from Thos. Cre- gier, of the armed schooner Putnam, was read. Ordered, That the late representation of the state of that vessel made by Capt. Cregier, the letter from his lieu- tenant, the memorial of the artificers of the said vessel, and Capt. Cregier's present letter, be committed to Mr. Gansevoort, Mr. Tompkins and Mr. Dunscombe, and that they report thereon with all convenient speed. A letter from Genl. James Clinton, was read, and is as follows, to wit : " Fort Constitution, Septr. 27th, 1776. " Gentlemen — Col. Snyder has just come down with three companies of his regiment, and more is daily expect- ed. The enclosed is a letter for Mr. Schenk, urging him to forward the materials he was ordered to provide for these forts. I have wrote to him for 500 wt. more of iron, and about 200 shingle lath, if they can be sent down immedi- ately, with the 20 hogsheads of lime. We have two bar- racks raised, one at this fort and the other near Fort Mont- gomery, but we can't do much to them for want of those materials, &c. I have received nails from the Quarter- Master-General, I believe what will be sufficient. I am at a loss to know what to do with the troops for want of bar- rack room, unless I detain the sloops that brought them down a few days ; but if I get these necessaries to go on with the work, we will soon have room enough. I have two prisoners here, that were sent down from New-Wind- sor on suspicion of buying butter and flour for the Minis- terial army ; I will soon send you the particulars. " I am, gentlemen, " Your most humble servt. "JAMES CLINTON, B. Genl. " Please to forward the enclosed to Mr. Schenk, after you have opened it, if you think proper." The said letter of General Clinton was immediately taken into consideration ; and thereupon, Ordered, That John Schenk, Esqr. be and he hereby is directed to procure and forward to Fort Constitution, with the utmost despatch, five hundred weight more of iron, and about 200 shingle lath, together with the twenty hogsheads of lime heretofore ordered to be sent thither. A letter from Robert Yates, Esqr. chairman of the se- cret committee for obstructing the navigation of Hudson's river, was received and read, and is as follows, to wit : " Poughkeepsie, Wedy. 25th Scplr. 1776. " Sir — We have obtained 2 sloops, 2 brigs, and 2 large ships, for the purpose of obstructing the channel of Fort Washington ; one of the sloops, the Clinton, heretofore purchased by the committee, we found here, the other we have ordered from Fort Montgomery ; the two brigs are here also, one of which belongs to Malcom, Kip and Lott, the other is a New-England vessel, about 120 tons burthen, loaded with wheat, staves, and a considerable quantity of inch boards ; the wheat and staves we have ordered to be stored, but send down the boards for public use. The ships are in Esopus creek, owners Messrs. Franklin ; they are two very fine vessels, in the building of which much ex- traordinary pains have been taken, both as to limber and workmanship. On our going there, we ordered them to be hauled out, and expect they will proceed to Fort Washing- ton this day. The two sloops, the Clinton and that from Fort Montgomery, we think are almost arrived by this time, as the Clinton sailed yesterday with a fair wind, and the other must have proceeded from the fort shortly after the Clinton's arrival there ; and as to the brigs, we shall be able to despatch them to-day also. The Camden, Capt. Castle, with near 2,000 feet plank, and Capt. Donaldson with upwards of 6,000 do. sailed yesterday also. The ships and brigs aforesaid, we are to have appraised by the time they are ready to set off from here, and we imagine the ships will run very high. Our stock of money is very low, and our contracts far exceeding the sum we v/ere fur- nished with ; the demands on this committee are frequent and urgent. Upon these considerations we hope the Con- vention will, by some means or other, furnish us with a further supply. " We are, sir, your humble servants, " By order of the committee, " ROBT. YATES, Chairm." A letter from Mr. Samuel Tudor, one of the agents su- perintending the building of the Continental frigates at Poughkeepsie, was read, and is as follows, vizt : " Gentlemen — Enclosed I send you General Schuyler's two letters of 23d and 25lh inst. with an order for more cor- dage ; I am, on my own part, extremely anxious to serve, to the best of my abilities, each department, wherein the defence of our country is aimed at ; but having this day received a letter from Mr. Van Zandt, (one of the commis- sioners for building the ships,) wherein he expresses his disapprobation of my sparing any of the materials belong- ing to the ships, without an express order from Congress or the commissioners. If I have hitherto erred, it is in judgment only, and with the advice of your Honourable House. This second demand from Genl. Schuyler com- ing to hand unexpectedly, and immediately after the receipt of Mr. Van Zandt's letter, has put me to a stand. An in- demnification, or letter of approbation, from Congress, for our former proceedings, which you promissed to procure for us, I believe is the reason of the commissioners disap- proving our going further, (as that has not yet appeared either to them or us) ; if you have procured it, pray send it, as also your most candid advice to me in the premises. " I am, gentlemen, " Your most obedient humble servant, " SAML. TUDER. " Poughkeepsie, 21th Sept. 1776. " Convention of the State of New- York." Two letters from General Schuyler, signed by , the one bearing date on the 23rd, and the other on the 25th instant, directed respectively to the superin- tendents of the Continental ships now building at Pough- keepsie, were read. The General thereby applies to the superintendents for rigging out of the Continental stores at Poughkeepsie, to fit out some row gallies on Lake Champlain. A list of the stores wanted for the said row gallies, was also enclosed in the said letters, which was likewise read. A letter from Robert Yates and Gilbert Livingston, Esqrs. two of the committee for obstructing the naviga- tion of Hudson's river, was received and read, and here- after follows, vizt : " Poughkeepsie, Septr. 21th, 1776. "Sir — The bearer hereof, Capt. John Hun, is come down with three balteaux from Genl. Schuyler, for cord- age ; Capt. Tuder, to whom he is directed, informs us that he cannot spare the quantity the General requires. " Out of one of the new ships belonging to Franklin, we have taken all the new cordage and stored it with Capt. Schenk. We acquaint you with this circumstance, that in case the Convention should judge it necessary, they may give directions to complete the remainder of the Ge- neral's orders out of this store. " We arc, sir, " Your humble sert. " ROBT. YATES, " GILBERT LIVINGSTON. " Capt. Schenk has the charge of the cordage, and if any orders are given they ought to be directed to him." Ordered, That the said letters from Genl. Schuyler, and inventory of rigging wanted, the said letter of Capt. Samuel Tudor received this day, and the letter from Mes- srs. Yates and Livingston of the 27t,h instant, be commit- ted to Mr. Gansevoort, Mr. Duane and Mr. Cuyler, and JOURNAL OF THE PROVINCIAL CONVENTION 651 that they report thereon with all convenient speed, and have leave to withdraw for that purpose. The Convention were informed that Colo. Humphreys of Dutches county, who is attending, alleges that it is impracticable for him to raise the proportion of the last levies ordered to be detached from the militia of this coun- ty, which ought to be detached from his regiment. Colo. Humphrey called in, says that he understands that the order for raising men is, that they be raised voluntari- ly ; but if otherwise, 'tis his opinion that there are so many disaffected that they cannot be drafted. That the disaffected discourage others by saying that as Long island and New-York are taken, the enemv will take the forts in the Highlands, and that those taken in them will be hang- ed ; that Capt. Johs. V. Duerson says his whole [com- pany] except his lieutenant and himself are tories. Colo. Humphreys withdrew. Whereas twenty days have elapsed since a resolution of this House was passed for a detachment of men of the militia of Duchess county to reinforce the garrisons in the Highlands. And whereas the said detachment hath not yet been raised, and Colo. Humphreys hath represented to this Convention that great difficulties hath arisen in attempt- ing to raise the same, Resolved, That the committee of the county of Dutch- ess be authorized and requested to provide that the said detachment be immediately raised ; and for that purpose, that they consult with, and afford General Ten Broeck their advice, aid and influence. Ordered, That a copy hereof, and a copy of the reso- lutions for raising the said detachment, be immediately sent to the chairman of the committee of Dutches county. The committee to whom were referred the letters from Genl. Schuyler, Mr. Samuel Tudor, Messrs. Yates and Livingston, brought in their report, which being read and adopted, the Convention came to the following determina- tion on those letters, vizt : Whereas Major-General Schuyler, by letters from his secretary of the 23d and 25lh instant, directed to the su- perintendents of the Continental ships which are now build- ing at Poughkeepsie, has applied for cordage and rigging out of the Continental stores there, for fitting out row gal- lies on Lake Champlain : And whereas Mr. Samuel Tu- dor, one of the said superintendents, by letter of the 27th instant, has requested the advice of this Convention re- specting a compliance with the said application, and there being a quantity of rigging in store at Fishkill Landing, and likewise in the store of Mr. John Schenk of Pough- keepsie, which was taken from vessels employed in ob- structing the navigation of Hudson's river, Resolved, therefore, That such of the articles as Gene- ral Schuyler has applied for, which are in store at Fishkill Landing, and in Mr. John Schenk's store at Poughkeep- sie shall be delivered to Capt. Hunn, being first appraised by three indifferent and skilful persons, and that it is the opinion of this Convention that such of the articles as shall not be found in the said stores ought immediately to be supplied by the superintendents out of the Continental stores at Poughkeepsie ; it appearing to this Convention that the completing the naval armament for the protection and se- curity of Lake Champlain, is an ohject of the greatest moment to the United States, and will not admit of de- lay. Resolved, That this Convention will make a proper re- presentation to the Congress of the United States of the reasons which have induced them to advise the superin- tendents to deliver such Continental stores on Major-Gene- al Schuyler's requisition, and that this Convention will in- demnify the said superintendents for their compliance with these resolutions. On motion of Mr. Jay, Ordered, That the Secretaries employ Mr. Abraham W. De Peyster, at the rate of one dollar per day, to transcribe the journals of the former Congresses of the Colony, and of the Convention of the State of New-York. Resolved, That the President of the Convention for the time being, and Mr. Robert Harper, be a committee to superintend the engrossing the Journals of the former Con- gresses of the Colony, and of the Convention of the State of New-York. Major Lockwood has leave of absence till next Wed- nesday evening. Ordered, That Mr. Duane be added to the committee for forming a plan of government ; and Resolved, That the chairman of the said committee, with any four of the members, be a quorum. The committee appointed to take into consideration the several applications delivered on the 25th inst. relative to the sale of salt, delivered in their report, which was read, and Ordered To be recommitted, and that Mr. William Har- per and Mr. Gansevoort be added to the committee. Resolved, That the last Committee of Safely be revived and that it consist of the same members, and with the same powers, and to continue until the next meeting of a quorum of the Convention. SUNDAY MORNING, Fishkill, September 29th, 1776. The President and several of the members met pursuant to adjournment. No very urgent business offering, they adjourned till to-morrow morning at 9 o'clock. MONDAY MORNING, September 30th, 1776. The Convention met pursuant to adjournment. Present — Colo. Peter R. Livingston, Presidt. Mr. Bancker, Mr. Harper, Mr. Dunscomb, Colo. Jay, Mr. Duane — For New-York. Colo. Van Corllandt, Colo. Drake, Mr. Tomkins— For Westchester. Mr. Cuyler, Mr. Robt. Yates, Mr. Gansevoort, Colo. Livingston — For Albany. Colo. Sherwood — For Orange. Mr. Harper, Mr. Moore, Mr. Newkerk — For Tryon. Colo. De Witt, Mr. Contine, Major Parks— For Ulster. Major Webster, Colo. Williams, Mr. Duer — For Charlotte. Mr. G. Livingston, Mr. Sackett, Mr. Schenk — For Dutches. Mr. Sessions, Mr. Stephens — For Cumberland. A letter from General Mifflin, directed to Captain Ben- jamin Ayres, was read, and is in the words following, vizt : " Mount Washington, Seplr. 2Sth, 1776. " Dr. Sir — Colonel Moylan having resigned the quar- ter-master-general's department, and the General having requested me to act in his place until the pleasure of Con- gress is known, I eainestly desire you to go immediately to the Fish Kilns, and there wait on the President of the New-York Convention ; entreat him in my name to give you every assistance in his power in the procuring boards of 1 inch, and inch, for the use of the army here, who are now suffering much for want of them. " We are in want of a much greater quantity of boards than I fear can be obtained this fall from this Colony, I therefore do not now limit your contract. " If you see Mr. Duer, tell him I have seen his letter to Colo. Moylan. If he will undertake the business, and can promise his attendance to it, you will have little to do. If he requires your attendance in the Highlands, take his or- ders and execute them with your usual zeal and activity ; at anv rate procure boards of 1 inch, which are much want- ed; 10 M. of \\ inch, for platforms; 10 M. 21 inch boards should be had immediately if possible. I propose to go to Philadelphia this day, and to return in one week. 652 JOURNAL OF THE PROVINCIAL CONVENTION. Any orders drawn by you, (or Mr. Duer,) on account of boards and plank, will be honoured. " I am, sir, your hum. and d. servant, " THOS. MIFFLIN, Q. M. G. " Capt. Benjamin Ayres." Capt. Ayres was called in, and he gave the Convention further information on the subject mailer of the said letter. Thereupon it was Resolved and Ordered, That Capt. John Schenk be, and he hereby is, directed to purchase and forward down to Spytden Duyvel creek, with the utmost despatch, one hundred hogsheads of lime ; as many hard and soft bricks as he can procure, (not exceeding four hundred thousand,) any number of shingles not exceeding one hundred thou- sand, and ten thousand shingle lath ; that in case Capt. Schenk cannot procure those articles with the consent of the owners thereof, that he be authorized to impress them, paying a reasonable price for the same ; also vessels, teams, wagons, horses and men, for the purpose of con- veying them speedily, it being of the utmost importance to the preservation of the army, and the general cause of America that those articles should be procured with the utmost expedition. Ordered further, That Capt. Schenk be directed to procure at the most reasonable rate he can, ten thousand feet of two and a half inch oak plank, and forward the same to Spytden Duyvel creek, and that Capt. Schenk draw on Capt. Benjamin Ayres, at Fish Kills, for such mo- ney as he may require in purchasing and procuring the above mentioned articles. Captain Ayres farther informed the Convention that he is directed by the Quarter-Master-General to procure large supplies of grain and cord wood for the use of the army, and requests the aid of the Convention in the despatch of this most necessary business. Thereupon, it was Ordered, That Mr. Dirck Jansen, of the Manor Li- vingston, be authorized and requested to purchase and send down to Spytden Duyvel creek with the utmost despatch, to Brigadier-General Mifflin, Quarter-Master-General to the American army, 3,000 bushels of oats, 4,000 bushels of old corn, and 1,000 bushels of rye, at the most reasonable rate, not exceeding 4s. per bushel for oats, and 5s. for old corn and rye, and that he draw on Capt. Benjamin Ayres, at Fish Kill, for payment of the same. And, Ordered, That the following persons whose names are hereunder mentioned, be respectively authorized and re- quested to purchase and send down to Spytden Duyvel creek, with the utmost despatch, for the use of the Ameri- can army, as much cord wood as they may be able respec- tively to obtain, and at the most reasonable rate, not exceeding 24s. pr. cord for oak, and 32 pr. cord for nut wood ; and that on the delivery of any quantity of the said wood there to Brigadier-Genl. Mifflin, or his order, they apply to him for payment, to wit : John Teller, in Dutchess county ; Abm. Danielson, at New-Marlborough; James Jackson, at New-Windsor; Isaac Belknap, at Nevvburgh ; Lewis Clark, at Newburgh ; Nichs. Brewer, Junr. at Wapping Hill ; Arie Smith, near Naiack ; Corns. Jansen, at Esopus Landing ; and Jas. Wells, Cock- sakie. On motion of Colo. Dewit, Resolved, That a committee be appointed to take into consideration the abuses committed in withholding of tea by the owners or agents thereof, within this State, and also in the sale thereof at higher prices than that limited by Congress, and that they report thereon without delay ; and that Colo. Dewit, Mr. Gilbert Livingston, Mr. Robt. Har- per, Mr. Bancker and Mr. Contine be the committee. Ordered, That Major Henry Schenk be, and hereby is, empowered to take charge of the children of Isaac Tel- ler, deceased, to place such of the said children as he may think proper at board until further order. Ordered, That the committee of Rhumbout precinct en- deavour to make such provision for, or give such assistance at the public expense, to Vincent Carter's family, as to prevent their perishing by cold or hunger. Resolved, That the Committee of Safety appointed on the 27th instant, to continue until a meeting of the Convention, and which was revived on the 28th instant, consisting of the same members, and with the same powers and regulations, be again revived, to continue until a meeting of this Con- vention, with the same powers and regulations, and to con- sist of the same members. A letter from the Honourable the Delegates for the State of New- York at Continental Congress, was received and read, and is as follows : "Phila. 24tk Sept. 1776. " Gentlemen. — We received your letter of the 9th Sept. with sundry inclosures, which were laid before Con- gress, who have come to several resolutions, a copy of which we send here inclosed, you will see that 3 tons of powder was directed to be delivered at New- Windsor, to be sent to the forts, but that will not be done as the wa- gons with the 15 tons referred to in the resolution, went by way of Minisink ; the five tons we shall forward imme- diately. We obtained an order from Congress for 6,700 dol- lars, to be laid out in arms for your State, which we shall purchase when we have an opportunity, none are now to be had here, but parcels frequently arrive ; if you should have occasion for the money for a more pressing purpose you will please to acquaint us. We wrote you the 30th Augt. which we hope came to hand. The encouragement now given by Congress will, we hope, enable you to raise 4 complete battalions as speedily as possible, we refer you to the President's letter on that head ; 4 battalions is all that is required of New- York, including those already raised. Enclosed are sundry newspapers, we could wish to hear from you at least once a week, which seems to be more necessary now than ever. " Brookland on Long island is burnt as well as the city of New-York, without doubt on purpose. This account we have from Mr. Blanchard of Elizth. Town. " We are, gent, your most obedt. servants, " PHIL. LIVINGSTON, " WM. FLOYTJ, " LEWIS MORRIS." Sundry resolutions of Congress referred to and inclosed in the said letter were also read, and are as follows : " In Congress, Septr. 23rd, 1776. " Resolved, That the German battalion be ordered im- mediately to join the army under General Washington, and that the President inform his Excellency of their march, and desire that he will order an equal number of men from his army to garrison the forts on the Highlands. " That Mr. J. Mease be directed to supply the German battalion with such articles of clothing as they may stand in need of, the same to be charged to their account, and deducted out of the pay of the men. " That three tons of the fifteen tons of powder lately ordered to the northern army, and now on its way thi- ther, be left at New Windsor, in the State of New-York, and from thence conveyed to Fort Montgomery, and that five tons be immediately sent from the city of Philadel- phia. " That two companies of the marines lately raised and now in Philadelphia, be ordered to march immediately for Fort Montgomery. " That application be made to the Council of Safety of the State of Pennsylvania, to order one-half of the artil- lery men now in the service of their Stile, to proceed to Fort Montgomery as soon as possible. " That Congress approve the measures adopted by the Convention of New-York, for the defence of the High- lands, and will carefully defray all the necessary expen- ses which may accrue. " By order of Congress. "JOHN HANCOCK, Presidt." JOURNAL OF THE PROVINCIAL CONVENTION. 653 " In Congress, Sep. 20th, 1776. " Resolved, That the sum of 6,700 dollars be advanced to the Delegates of New- York, for the use of that Slate, the said State to be accountable. " Extract from the minutes. " CHAS. THOMPSON, Secy." A letter from the Honble. John Hancock, President of the Continental Congress, inclosing sundry resolutions, was received and read, and is as follows : " Philadelphia, Seplemr. 24th, 1776. " Gentlemen — You will perceive by the inclosed re- solve which I have the honour to forward to you in obe- dience to the commands of Congress, that they have come to a determination to augment our army, and to engage the troops to serve during the continuance of the war, as an inducement to enlist on these terms, the Congress have agreed to give besides a bounty of twenty dollars, a hun- dred acres of land to each soldier ; and in case he should fall in battle, they have resolved that his children or other representatives shall succeed to such lands. " The many ill consequences arising from a short and limited enlistment of troops are too obvious to mention. In general give me leave to observe that to make men well acquainted with the duties of a soldier requires time, and to bring them under proper subordination and discipline, not only requires lime, but has always been a work of much difficulty. We have had frequent experience, that men of a few days standing will not look forward, but as the time of their discharge approaches grow careless of their arms, ammunition, &c. and impatient of all restraint. The con- sequence of which is the lalter part of the time for which the soldier was engaged is spent in undoing what the greatest pains had been taken to inculcate at first ; need I add to this that the fall of the late General Montgomery, before Quebeck is undoubtedly to be ascribed lo the limited time for which the troops were engaged, whose impatience to return home compelled him to make the attack contrary to the conviction of his own judgment. This fact alone fur- nishes a striking argument of the danger and impropriety of sending troops into the field under any restriction as to the time of their enlistment. The noblest enterprise may be left unfinished by troops in such a predicament, or abandoned at the very moment success must have crowned the attempt. " The heavy and enormous expense consequent upon calling forth the militia, the delay attending their motions, and the difficulty of keeping them in camp, render it ex- tremely improper to place our whole dependence on them. Experience hath uniformly convinced us of this, some of the militia having actually deserted the camp at the very moment their services were most wanted. In the mean time the strength of the British army, which is great, is rendered much more formidable by the superior order and regularity which prevail in it. Under these circumstances, and in this situation of our affairs, it is evident that the only means left us of our pre- serving our liberties, is the measure the Congress have now adopted, and which I am ordered most earneslly to recommend to you to carry into immediate effect. With- out a well disciplined army, we can never expect success against veteran troops ; and it is totally impossible we should ever have a well disciplined army, unless our troops are engaged to serve during the war. " To attain, therefore, this most desirable end, I am to request you will at once, and without a moment's delay, bend all your attention to raise your quota of the Ameri- can army ; the times call for the greatest despatch and vi- gour of conduct. When the bloody standard of tyranny is erected in a land of liberty, no good man, no friend of his country, can possibly remain an inactive spectator of her fall. Display, therefore, I most ardently entreat you, that virtue which alone can save her on this occasion. Let us convince our enemies, that as we entered into the present contest to defend our liberties, so we are resolved, with the 164 firmest reliance on Heaven for the justice of our cause, never to relinquish it, but rather perish in the ruins of it. If we do but remain firm ; if we are undismayed at the lit- tle shocks of fortune, and are determined at all hazards that we will be free, I am persuaded, under the gracious smiles of Providence, assisted by our own most strenuous endeavours, we shall finally succeed agreeable to our wishes, and thereby establish the independence, the hap- piness and the glory of the United Slates of America. " As the troops now in service belonging to the several States, will be considered as a part of their quota in the American army, you will please to take such steps as you judge necessary to ascertain what number of troops, as well as what officers, will engage to serve during the war. I send by this express blank commissions, to be filled with such as you shall please to appoint. I also for- ward a number of the rules and articles of war, as altered by Congress and just published. " I have the honour to be, " Gentlemen, your most obedient, " And very humble servant, "JOHN HANCOCK, Presidt. " Honble. Convention of the State of N. York." The resolutions referred to, and enclosed in the aforego- ing letter, are as follows : " In Congress, September 16th, 1776. " Resolved, That eighty-eight battalions be enlisted as soon as possible, to serve during the present war, and that each State furnish their respective quotas in the following proportions, vizt : " New-Hampshire, 3 battalions. " Massachusetts Bay, 15 do " Rhode-Island, 2 do " Connecticut, 8 do " New- York, 4 do " New-Jersey 4 do " Pennsylvania, 12 do " Delaware, 1 do " Maryland, 8 do " Virginia, 15 do " North Carolina, , 9 do " South Carolina, 6 do " Georgia, 1 do " That twenty dollars be given as a bounty to each non- commissioned officer and private soldier who shall enlist to serve during the present war, unless sooner discharged by Congress. " That Congress make provision for granting lands in the following proportion, to the officers and soldiers who shall so engage in the service and continue therein to the close of the war, or until discharged by Congress, and to the representatives of such officers and soldiers as shall be slain by the enemy. Such lands to be provided by the United States ; and whatever expense shall be necessary to procure such land, the said expense shall be paid and borne by the States, in the same proportion as the other ex- penses of the war, vizt : " To a colonel, 500 acres. a lieutenant colonel, 450 do a major 400 do a captain, 300 do a lieutenant, 200 do an ensign, 150 do each non-commissioned officer & soldier, 100 do " That the appointment of all officers and filling up va- cancies (except general officers) be left to the governments of the several States, and that every State provide arms, clothing and every necessary for its quota of troops, ac- cording to the foregoing estimate, the expense of the clothing to be deducted from the pay of the soldiers as usual. " That all officers be commissioned by Congress. " That it be recommended to the several States that they take the most speedy and effectual measures for en- listing their several quotas ; that the money to be given for bounties be paid by the paymaster in the department where the soldier shall enlist. 654 JOURNAL OF THE PROVINCIAL CONVENTION. " That each soldier receive pay and subsistence from the time of their enlistment. " September 18/A, 1776. " Resolved, That if rations be received by the officers or privates in the Continental army, in money, they be paid at the rate of eight-nineteenth parts of a dollar per ration. " That the bounty and grants of land offered by Con- gress, by a resolution of the 16th instant, as an encou- ragement to the officers and soldiers to engage to serve in the army of the United States during the war, shall ex- tend to all who are or shall be enlisted for that term ; the bounty of ten dollars which any of the soldiers have re- ceived from the Continent, on account of a former enlist- ment, to be reckoned in part payment of the twenty dol- lars offered by said resolution. " That no officer in the Continental army is allowed to hold more than one commission, or to receive pay but in one capacity. " September 19ih, 1776. " That the adjutants of regiments in the Continental army be allowed the pay and rations of captains, and have the rank of first lieutenants. " In order to prevent the officers and soldiers who shall be entitled to the lands hereafter to be granted by the re- solution of Congress of the 16th, from disposing of the same during the war, " Resolved, That this Congress will not grant lands to any person or persons claiming under the assignment of an officer or soldier. " By order of the Congress. "JOHN HANCOCK, President." " Philadelphia, Septr. 2Ath, 1776. "Sir — I had the honour to receive your letter accom- panying the resolve of Congress relative to my return to resume° the command of my brigade. At a lime when the State to which I belong is invaded, and particularly as I am honoured with a military command, I esteem it my duty to account for my absence. " Since my arrival at Philadelphia, the State of New- York has had no more than a representation in Congress, and as the gentlemen of the committee for Indian affairs were mostly out of town, the whole of that necessary bu- siness has devolved upon me. My family have been obli- ged to desert their home, and meeting with them in this place altogether unprovided, I have been under the ne- cessity of delaying the time of my stay until I could fix them in some situation where they could be accommodat- ed. The distress of my family on this occasion made it my particular duty to attend to them, and which I flatter myself will be justifiable upon every principle of justice. "The situation of my brigade I was convinced was well known to the Convention. I apprehend that not more than a colonel's command was left in it, and as such did not think my presence was so absolutely neces- sary. I have thought that the existence of such a brigade, in which were so many disaffected persons, was dange- rous to the cause as well as to my own life ; but being desirous to participate in the virtuous opposition to the British tyrant, I had determined as soon as possible to join Genl. Washington, and contribute my assistance to him, prompted in the first instance by a love to my coun- try, and in the next place the preservation of my property, bein" thoroughly convinced that unless we conquer I am ruined. However, in obedience to the commands of Convention, 1 shall prepare with all possible expedition to set out for Westchester, and will endeavor to execute any orders they may be pleased to give, to the utmost of my ability. " I have the honour to subscribe myself, " Sir, vour obliged and obt. humb. servt. LEWIS MORRIS." Whereas the Convention have granted an exemption from military duty to Mr. Charles Shaw : An d whereas Richd. Morris, Esqr. is exempted therefrom by his com- mission, agreeable to the regulation of the militia of this State ; notwithstanding which, as this committee are in- formed, Capt. Berrien insists upon their serving in the mi- litia. This committee are of opinion, that Capt. Berrien should, agreeable to the resolution of the Convention of this State, consider the said Charles Shaw and Richd. Mor- ris as exempt from military duty, and that a contrary con- duct will be considered as a high contempt of the authority of this State, and punished as such. DIE MARTIS, 9 ho. a. m. October 1st, 1776. The Convention met pursuant to adjournment. Present — Peter R. Livingston, Esqr. Presidt. Mr. Robt. Harper, Mr. Bancker, Mr. Dunscomb, Mr. Jay, Mr. Duane — New- York. Col. Drake, Col. Van Cortlandt, Mr. Tompkins — Westchester. Col. Livingston, Mr. Cuyler, Mr. R.Yates, Mr. Gansevoort — Albany. Mr. Wisner, Col. Sherwood — Orange. Mr. Stevens, Mr. Sessions — Cumberland. Col. Dewitt, Mr. Contine, Major Parks— Ulster. Mr. Moore, Mr. Harper, Mr. Newkirk — Tryon. Mr. G. Livingston, Dr. Crane, Mr. Z. Piatt, Mr. Sackett— Dutches. Major Webster, Col. Williams — Charlotte. The Convention were informed that Richd. Gazatt, one of the persons who has been detained at Fishkill by the guard as a suspicious person, is said to be dangerously ill ; that a doctor or physician is unwilling to continue his at- tendance or care of him, without security for payment from this State. Resolved, This Convention will provide means that the physician who shall attend the said Richd. Gazatt, shall have a reasonable reward for his trouble in the premises. It being represented to the Convention that Mary Duns- comb, the wife of James Dunscomb, (now in the Ameri- can troops of this State,) with her children, are in New- Windsor precinct in Ulster county, and unable to procure the means of support : Ordered, That the committee of New-Windsor, at the public expense of this State, afford such assistance to the said Mary Dunscomb, as may enable her (together with every other lawful means) to have the necessaries of life for herself and children. A letter from Thaddeus Burr, sheriff of Fairfield county, in Connecticut, of the 27th of Septr. last, to the President of this Convention, informing that, at the request of Tho- mas Tredwell and other gentlemen of Long island, he had received into his jail Isaac Ketcham and Saml. Skidmore, who were held by no legal process, and requesting the di- rection of this Convention relative thereto, was read and considered ; and thereupon, the Convention came to the following resolutions : Resolved, That a copy of the late resolutions of this House, authorizing and directing John Sloss Hobart, Esqr. to send Isaac Ketcham to this place, be forthwith sent to Thaddeus Burr, Esqr. Resolved, That Mr. Burr be requested to detain the said Saml. Skidmore (who is accused of treasonable practices against this Stale) in his custody, till this Convention shall give further directions concerning him ; and that all charges and expenses attending a compliance with this request, will be defrayed ; and for that purpose, that Mr. Burr be autho- rized to draw for the amount thereof on the President of the Convention for the lime being. Mr. G. Livingston, from the committee appointed yes- terday to remedy the abuses committed in withholding the sales of tea, and in making sales higher than the limited prices, brought in their report, which was read ; after some time spent therein, JOURNAL OF THE PROVINCIAL CONVENTION. 655 Ordered, That the further consideration thereof be post- poned till to-morrow. A letter from Peter T. Curtenius, dated at Hackensack on the 16th of Septr. was read and filed. He therein in- forms that he had not any military stores in his hands, hav- ing from time to time delivered them to the military store keeper Mr. Norwood ; and that after his removal, the resi- due was delivered to Mr. Zedekiah Mills. That in obe- dience to the order of the Committee of Safety of the 10th Septr. he had enclosed an account of the quantity of lead, &c. shipped off, and the persons names to whom delivered, to wit : An account of lead and ball, fyc. shipped off by Peter T. Curtenius, agreeable to orders of Congress, and delivered to the following per- sons, vizt. i To WHOM DELIVERED. Nathl. Sackett, Dutches, Jonn. Piatt, Westchester, Henry Wisner, Junr. Ulster, do Orange,... Simon Stevens, Glous. & Cumb.. Col. L. Paulding, G. Clinton's camp, John Loyd at Stamford, Zedekiah Mills, Casper Mabie and J. Herring, Orange, Delivered by order of Genl. Wa- shington to E. Cheevers, com- missary of artillery stores, . (A -a . C 13 3 a o v 6,000 750 6,000 4,000 7,500 9,772 44,800 11,200 22,400 51,520 163,942 0.^ 750 41,716 42,466 (A -a " Fishkill, 12lh Octr. 1776. ) " Sir — Yours of the 9th and 10th inst. have been re- ceived, and laid before the Committee. They had some days before been convinced that more effectual measures were necessary to be taken for the safety of your district, and had come into the enclosed resolutions, copies of which were sent forward on the 8th inst. " It is hoped instead of the number of men you request the company ordered to be raised will be sufficient to an- swer every purpose intended. In the mean time, I am di- rected to assure you that the Committee will afford you every necessary assistance iu their power. " I am, sir, &c. " Saml. Ten Broeck, Esqr. &c." Saturday Afternoon, Octor. 12th, 1776. The Committee met pursuant to adjournment, and ad- journed till to-morrow morning. SUNDAY MORNING, Octr. 13th, 1776. The Committee met according to adjournment, and ad- journed till to-morrow morning, to go to church. MONDAY MORNING, Octor. Uth, 1776. Present — Col. Livingston, Prest. Mr. Roosevelt, Mr. Dunscomb, Mr. Duane, Mr, Harper, Mr. Jay — New- York. Mr. Mills, Colo. Van Cortlandt — Westchester. Mr. A. Yates, Mr. Gansevoort, Mr Cuyler, Mr- Adgate, Colo- Li- vingston — jllbany. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Newkirk — Tryon. Mr. Wm. Smith, Mr. Gelston— Suffolk. Mr- Sackett, Mr- R. R. Livingston — Dutches. Mr- Webster, Mr. Duer— Charlotte- Major Parks, M. Contine— Ulster. Colo- Allison— Orange. Mr. Stevens — Cumberland. Colo- Bailey— Gloucester. Mr. Moore reported that he had been at the landing, and viewed the arms in Mr. Sackett's care ; that out of 63 arms and 2 barrels, 13 appear to be fit for immediate use, with a little cleaning and repair ; the rest are in very bad order. Ordered, That the 13 arms be immediately repaired by Mr. McCavery, and that the rest of the arms be sent to Poughkeepsie, to Mr. Jno. Schenk, who is requested to get them repaired, and sent down to this Convention with- out delay. A letter from Thomas Randall, dated the 10th inst. ac- companying a letter from Thos. Quigley, lieutenant of the schooner Putnam, dated 6th inst. Ordered, That a copy of the resolution directing the sale of the said schooner, be transmitted to Capt. Randall. Mr. Gelston informs that l,000lbs. of gunpowder which had been sent by this State into Suffolk county, is removed to Say Brook, in Connecticut ; that there is also a quanti- ty of saltpetre in that State, which he had purchased in Suffolk county for the State. Ordered, That Mr. Gelston and Mr. Duane be a com- mittee to inquire into the state of, and devise ways and JOURNAL OF THE COMMITTEE OF SAFETY. 673 means to secure the gunpowder and saltpetre lately re- moved from Suffolk county into Connecticut, mentioned to the Convention by Mr. Gelston ; and also to inquire where the arms are which were removed from that county by Colo. Livingston. Mr. Gelston further informed, that he has in his hands 225 dollars, belonging to this State, which he received of Colo. Josiah Smith, of Suffolk county, being part of the gross sum advanced to Colo. Smith, to discharge the one- half of the bounty engaged to his regiment. Ordered, That Mr. Gelston pay the said 225 dollars to the Treasurer of this Convention, and take his receipt for the same, which shall be a full indemnification for Mr. Gelston for the same. A letter from Win. Floyd, dated at Haerlem, the 11th inst. enclosing two resolutions of Congress : the one rela- tive to Genl. Schuyler, the other respecting clothing for the troops. A letter from our Delegates at Congress, dated the 7th inst. enclosing Mr. Hunter's receipt for 100,000 dollars, to be by him conveyed to this Convention ; which sum was received by the Secretaries in the absence of the Trea- surer, who gave their joint receipt for the same, and this morning the money was by them delivered to the Trea- surer. Whereas, it hath become absolutely necessary for the defence of this Stale, that a body of troops should, without delay, be assembled at or near this place : And whereas, accommodations for the said troops cannot be speedily pro- vided in any other manner than by putting them in houses or buildings belonging to the public : And whereas, the house owned and built near this place by the donations of divers well disposed persons, for the purpose of an acade- my for the education of youth, hath not, for a long time past, been applied to that use, but is now only occupied as a dwelling house by the Reverend Mr. Chauncey Graham, who formerly presided over the said academy : And whereas, notwithstanding the pressing necessity this Con- vention hath for the use of the said house has been com- municated to Mr. Graham by a committee of this house, he declines relinquishing the possession thereof ; and it beintr inconsistant with the duty which this house owe to their constituents to permit individuals to occupy public buildings when the same are wanted for public use : There- fore, Ordered, That the said Revd. Mr. Chauncey Graham, do, within one week from this day, remove from the said academy. Resolved, That the sum of £40 be paid to the said Chauncey Graham as a compensation for the trouble and expense he may be put to by the aforesaid order. Resolved, That the committee appointed for the pur- pose, be directed forthwith to put the said house in a pro- per state for the reception of troops, and that the sum of £100 be paid into their hands for that purpose. Colo. Luddington informed a member that he has 20 or more arms taken from disaffected persons, now in his pos- session, and requests to know how they shall be disposed of. Ordered, That Colo. Luddington send all the arms in his possession, (taken from disaffected persons,) to this committee, without delay, and that he send his account for repairing them to the Auditor-General. On motion of Mr. Duane, Resolved, That Genl. James Clinton, commanding the fortresses in the Highlands, be requested to give directions that all boats passing up and down the river, be diligently searched, and the passengers carefully examined, and such as shall be suspected secured ; and that for his passes, besides the usual sentries, a barge be manned and kept in motion in the river opposite to each fort, every night ; and that the General be further requested to give orders for taking up and securing in a place of safety, all the row boats, barges and small craft, between the forts in 169 the Highlands and the army, to prevent those falling into the enemy's hands, and their gaining intelligence. Ordered, That a copy be sent to General Clinton. The committee apppointed on the 12th inst. to have the gunpowder lately brought to New-Windsor landing removed to places of safety, reported, " That there is not any quantity of gunpowder belonging to the public now at that landing. That they are informed that the 5 tons of gunpowder which arrived at New-Wind- sor from Philadelphia, was immediately carried down to Fort Constitution, and there lodged, from whence part of it, by order of the commanding officer, has been taken to Fort Independence, and placed in such manner as to sup- ply the troops or militia there. That the powder brought from the mill of Messrs. Wisner and Phillipse to New- Windsor, was immediately put on board of a proper ves- sel for the purpose, to be transported to Spytden-Duyvel creek. Mr. Phillips, one of the manufacturers, proceeded with the vessel with the powder. The enemy's ships hav- ing got up the river before the vessel with the powder could reach her destination. Information is received that Mr. Phillips, who was at Peekskill with the powder, intended to land it there, and proceed by land. That a letter has been sent by Mr. McKesson, one of the Secretaries, to the owners of the two powder mills near Goshen, requesting them not to send any gunpowder to the river side until fur- ther order." Ordered, That a copy of this report be immediately sent to Genl. Washington. Ordered, That Mr. Contine be added to the lead and brimstone committee, and that three of the said committee be a quorum. Certain resolutions proposed by Mr. R. R. Livingston for purchasing all the stock and grain in Westchester coun- ty, were read and agreed to, and are in the words follow- ing, that is to say : Resolved, That a commissary be appointed immediately to repair to the county of Westchester, to purchase all the cattle fit for the use of the army within that county, and drive them down to the army at King's Bridge, as fast as they may be wanted ; provided that so much shall be left as is absolutely necessary for the support of the families from whom the same shall be taken. Resolved, That if any person shall refuse to part with his cattle, at a reasonable price, that the commissary be directed to drive them down to the army, and return to the owner the money for which they sold, after deducting the contingent charge. Resolved, That all the hides of the cattle so driven and killed, be carefully preserved, and sent to some safe place on the north side of the Highlands, where, being appraised by persons hereafter to be named for that purpose, they shall be paid for by the State. Resolved, That the said commissary be directed to swear, truly and to the best of his skill and ability, to per- form the trust above reposed in him, and that the chair- man, or deputy chairman, of the committee for the county of Westchester, be empowered to administer the oath, and give a certificate thereof. Resolved, That Mr. Stephen Ward be commissary, and that he be allowed a reasonable compensation for his ex- pense and trouble, in the execution of the above resolves. Resolved, That Gil. Budd Horton, Alexander Hunt, James Varian and Joseph Youngs be appointed commis- sioners to drive all the horses, hogs, sheep and cattle from those parts of the county of Westchester, which lay upon the Sound, or Hudson's river, and which are any way ex- posed to the enemy, and to billet them out upon the farms that lay in the interior part of the county till the same can be otherwise disposed of, and that a reasonable compensation be allowed them for their trouble. Resolved and Ordered, That the farmers in the county of Westchester, immediately thresh out all their grain, as 674 JOURNAL OF THE COMMITTEE OF SAFETY. the straw will be absolutely necessary for the use of the army ; and as those who do not comply with this resolution, will be in danger of having their straw taken for the use of the army, even though the same should not be thrashed. Resolved, That His Excellency Genl. Washington be empowered to order any straw in the county of Westches- ter, to be taken for the use of the army, paying to the own- ers a reasonable compensation therefor. Resolved, That the chairman, or deputy chairman, of the county of Westchester, for the time being, on applica- tion from the Commissary-General, be empowered to take so much of the grain in the county of Westchester as shall be necessary for the use of the army, allowing to the owners thereof the now current price, and paying them upon the delivery ; provided always, that so much shall be left in the hands of the owneis as will be sufficient to support their families for nine months and to perfect the fattening of such hogs, as may now be actually put up for that pur- pose. Resolved, That His Excellency Genl. Washington in case that the cattle, hogs, sheep, horses, or hay, in the county of Westchester should be in danger of falling into the hands of the enemy, be empowered either to remove it or them therefrom, or if that should not be practicable, to destroy the same. Resolved, That the commissary or commissaries hereby appointed, be empowered to appoint agents under them, and to call upon any officer commanding any part of the militia, for such detachments of the men under his com mand, as will be necessary to carry the same into ex- ecution. Resolved, That Mr. Stephen Ward apply to the Com- missary-General for such sums of money as will from time to time be necessary to carry the above resolves into ex- ecution. Resolved, That a copy of the above resolutions be sent to His Excellency Genl. Washington, and to the Commis- sary-General, requesting their assistance in carrying the same into execution. Monday Afternoon, Odor. 14^, 1776. Present— Col. Livingston, Prest. Mr. Roosevelt, Mr. Duane, Mr. Dunscomb, Mr. Harper — New- York. Mr. W. Smith, Mr. Gelston— Suffolk. Mr. Webster— Charlotte. Mr. A. Yates, Mr. Cuyler, Col. Livingston, Mr. Adgate— Albany. Mr. Allison — Orange. Mr. Stevens — Cumberland. Mr. Contine, Major Parks — Ulster. Col. Van Cortlandt, Judge Graham, Mr. Mills — Westchester. Colo. Bailey — Gloucester. Mr. R. R. Livingston, Mr. Landon — Dutches. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Newkirk— Try on. [There is no business entered on the minutes for this afternoon.] JOURNAL OF THE PROVINCIAL CONVENTION. TUESDAY MORNING, Odor. 15th, 1776. The Convention met.; Present— Colo. Livingston, Prest. Mr. Roosevelt, Mr. Dunscomb, Mr. Harper, Mr. Jay, Mr. Duane — New-York. Mr. R. R. Livingston, Mr. Landon, Mr. Sackett, Mr. Schenk— Dutchess. Mr. Cuyler, Mr. A. Yates, Mr. Adgate, Colo. Livingston— Al- bany. Mr. Wisner, Col. Allison— Orange. Mr. Duer, Mr. Webster— Charlotte. Mr. W. Smith, Mr. Gelston— Suffolk. Judge Graham, Colo. Van Cortlandt, Mr. Mills— Westchester. Mr. Stephens — Cumberland. Mr. Contine, Mr. Parks— Ulster. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Newkirk— Tryon. Colo. Bailey — Gloucester. A letter from the Honble. John Hancock, dated the 9th inst. was received and read in the words following, to wit : " Phila. Octor. 9th, 1776. " Gentlemen — The enclosed resolves, which I trans- mit, in obedience to the commands of Congress, will in- form you of the ample provision they have made for the support of both officers and soldiers, who shall enter into the service during the war. The pay of the former is con- siderably increased, and the latter is to receive annually a complete suit of clothes ; or in lieu thereof, the sum of 20 dollars, should he provide the suit for himself. This ad- ditional encouragement, besides the 20 dollars bounty and 100 acres of land formerly granted, the Congress expect will be the means of engaging the troops to serve during the war. For this purpose, also, I am to request you will appoint a committee or committees to repair immediately to the army to induce such of the troops as have been rais- ed by your State, to enlist during the war, and to appoint officers for the same. " The Congress, for very obvious reasons, are extremely anxious to keep the army together. The dangerous con- sequence of their breaking up, and the difficulty of forming a new one, are inconceivable. Were this barrier once re- moved, military power would quickly spread desolation and ruin over the face of our country. " The importance, and, indeed, the absolute necessity of filling up the army, of providing for the troops, and en- gaging ihem to serve during the war, is so apparent, and has been so frequently urged, that I shall only request your attention to the resolves of Congress on this subject, and beseech you, by that love you have for your country, her rights and liberties, to exert yourselves to carry them spee- dily and effectually into execution, as the only means of preserving her in this her critical and alarming situation. " I have the honour to be, gentlemen, " Your mo. obt. and very hble. servt. " JOHN HANCOCK, Prest. " Honble. Convention of New- York." Sundry resolutions of Congress, from the 2nd inst. up- wards, enclosed in said letter, were also read. A printed set of resolutions of Congress, relating to loan officers, and dated the 2nd and 7th inst. were also read. A letter from Tench Tilghman, dated the 13th inst. was read. An account of John Simmons, innkeeper, for maintain- ing Israel Youngs, Isaac Youngs, Isaac Ketcham and Henry Dawkins, from the 15th May to 13th July last, amounting to £44 6s. 6d. which was sworn to by the said John Simmons, and allowed by the Auditor-General, was read. Ordered, That the Treasurer of this State pay to John Simmons the amount of the within account, and that the same stand charged to be repaid by the within mentioned Isaac Ketcham, Israel Youngs, Isaac Youngs and Henry Dawkins, or some or one of them, in such manner as shall be hereafter ordered. A draft of a letter to the Delegates of this State at Con- gress, was read and approved. [Letter not entered on the minutes.] Whereas, this Convention is informed that the records of the city and county of New-York, as well as the records of the county and the records of the borough of Westches- ter, are at present lodged in private houses in the county of Westchester, whereby they may be exposed to the ene- my, who have landed in that county : 676 JOURNAL OF THE PROVINCIAL CONVENTION. Ordered, That Win. Miller, Theo. Bartow and John Cozine, be and hereby are appointed commissioners for removing, with all possible expedition, all the said records to Kingston, in Ulster county, and there placed in the care of Dirck Wynkoop, Abraham Hasbrouck and Christopher Tappen, Esqrs. ; that the said commissioners apply either to the troops raised for the protection of that county, or to the militia, for a proper guard to attend the said records in their removal, which said troops or militia are hereby di- rected to furnish such guard as may be necessary for that purpose. Whereas Major Henry Schenk, at the request of sun- dry of the members of this Convention and of the late Committee of Safety, lent and advanced 500 dollars to Roeloff Van Houten, to be applied to the maintenanance and support of the militia or troops employed to guard the shore at Haverstraw, in Orange county, Ordered, That Peter Van B. Livingston, Esqr, as Treasurer, pay unto Major Henry Schenk the sum of 500 dollars, by him advanced to Colo. Hay to support the troops or militia employed to guard the shore at Haver- straw. Certain returns of muster rolls of companies of rangers raised in the counties of Tryon, Albany and Cumberland, were produced to Convention and a request made for an order on the Treasurer for money to pay the remaining moiety of the bounty to the said rangers. Ordered, That Mr. Gansevort, Mr. Webster and Mr. Duane be a committee to take the said muster rolls and report thereon to the Committee of Safety, who are here- by authorized to proceed thereon. A letter from a committee of Congress to purchase clothing was read, and is as follows : "Phila. October 7th,1776. " Gentlemen — The committee appointed to carry into execution the enclosed resolves can think of no method so proper for the State of New-York as to apply to the Con- vention, and for that purpose we do send you 10,000 dol- lars, and desire you to appoint proper persons in the seve- ral districts to execute the same. " And if upon trial you find that more clothing may be had than this money will purchase, you may have more by applying to this committee. " Signed, "ROBT. TREAT PAINE, "WM. WILLIAMS, " WILLIAM ELLERY, "ARTHUR M1DDLETON, "G.WYTHE. "LYMAN HALL, " WILLIAM FLOYD, " GEO ROSS. "JOSIAH BARTLETT, " To the Honble. the Convention of the State of New-York." The resolutions therein contained, dated the 19th June and 25th Sepr. 1776, for providing clothing for the troops, were also read. Ordered, That the said sum be paid into the treasury and the papers committed to Mr. Cuyler, Mr. Dunscomb and Mr. Newkerk. Resolved, That one month's pay and rations be allowed to Major Hoisington. Therefore, Ordered, That the Treasurer of this State do pay to Mr. Stephens, member from Cumberland county, for the use of Major J. Hoisington, one month's pay as major, amounting to and the further sum of for one month's rations, at the rate of 21s. 4d. per week. On motion of Mr. Duer, Resolved, That a committee of three be appointed im- mediately, by ballot, to proceed to the camp at King's Bridge and New-Jersey for the purposes mentioned in the resolutions of Congress relative to appointing officers ; that another committee of three be appointed to go to Ti- conderoga for the same purposes. The Convention proceeded to ballot. Whereupon it appeared that the gentlemen hereafter named were duly elected for the respective committees. Therefore, Resolved, That Mr. Jay, Judge Graham and Mr. Robt. Harper be the committee to proceed to King's Bridge ; and that Mr. Duane, Mr. Cuyler and Mr. Robert Yates be the committee to proceed to Albany and Ticonderoga. Resolved, That the committee appointed to repair to King's Bridge be directed and empowered to carry into execution the resolves of Congress relative to the enlisting of troops ; that the committee appointed to repair to Al- bany be vested with similar powers ; and that both com- mittees, together with Mr. Duer, be a committee for carry- ing into execution the resolves of Congress relative to the new arrangement of officers. Ordered, That Mr. R. R. Livingston prepare and re- port a draft of an answer to the letter from Prest. Han- cock ; and that he have leave of absence for eight days from the time of his departure ; that Mr. Harper have leave of absence for one month from the time of his de- parture. Whereas the Convention of the State of New-York did, on the day of last, by resolve, order the sum of for the use of the contingent charges of the county of Charlotte, payable to the order of the county committee of Charlotte county, signed by the chairman and countersigned by the clerk, which sum has not yet been paid : And whereas the said county of Charlotte is now in immediate want of the said money. Therefore, Ordered, That the Treasurer of this State pay to Wil- liam Duer and Alexr. Webster, Esqrs. the sum of taking their receipts for the same. Resolved, That 8s. 6d. per pound be given by this Con- vention to every person for saltpetre made between this day and the 1st of January, 1778, of materials collected within this State ; the maker to swear to this before the chairman of the county, or the inspector of saltpetre ; also a bounty of Is. per pound for all powder made of saltpetre brought into this State from the neighbouring States, or from abroad, within the time above mentioned. Tuesday Afternoon, 15th Octor. 1776. Convention met. Present — Colo. Livingston, President. Mr. Roosevelt, Mr. Dunscomb, Mr. Harper, Mr. Jay, Mr. Duane — New-York. Colo. Allison, Mr. Wisner — Orange. Mr. A. Yates, Mr. Gansevoort, Colo. Livingston — Mbany. Mr. Landon, Mr. Sacket, Mr. Schenk, Mr. R. R. Livingston— Dutches. Mr. Wm. Smith, Mr. Gelston— Suffolk. Judge Graham, Colo. Van Cortlandt, Mr. Mills — Westchester. Mr. Duer, Mr. Williams— Charlotte. Mr. Contine, Mr. Parks— Ulster. Mr. Harper, Mr. Paris, Mr. Ne w kirk— Try on. Colo. Bailey— Gloucester. On motion of Mr. Jay, Resolved, That another member be chosen by ballot and added to the committee appointed to repair to King's Bridge to carry into execution the resolves of Congress relative to the enlisting of troops. The ballots of the several coun- ties having a representation present, being taken and told, Colo. Dewilt appeared to be duly elected. Therefore, Resolved, That Colo. Dewitt be added to that commit- tee. Resolved and Ordered, That Colo. Pierre Van Cortlandt be added to the committee appointed on the day of Sepr. last, for the detecting and defeating conspiracies. Ordered, That Mr. Jay have leave of absence to assist in removing his aged parents, with their effects, out of dan- ger of the enemy, and that in the mean time his attendance at New-York with the committee appointed to carry into execution the resolves of Congress relative to the enlisting of troops be * * * Mr. Jay, seconded by Mr. Duane, moved that a Vice- President be appointed by ballot ; which was agreed to. The Convention then proceed to ballot ; and upon count- ing the votes, it appeared that Colo. Van Cortlandt was duly elected. Thereupon, JOURNAL OF THE PROVINCIAL CONVENTION. 677 Resolved, That Colo. Pierre Van Cortlandt be and he is hereby appointed Vice-President of this Convention. Mr. Robert R. Livingston moved certain resolutions re- lative to hides, which were amended and agreed to, and are in the words following, that is to say : Whereas large numbers of cattle are supplied by this and the eastern States for the use of the armies at New- York and Ticonderoga : And whereas the hides of most or all of the cattle driven from the eastern States, and many of those purchased on contract in this State, are, by the contractors, sent into the State of Connecticut, and those killed at the northern posts for the use of that army, are, for the most part, as this Convention are informed, wasted for want of proper care. Great exertions have been made in the northern parts of this State to supply the army at Ticonderoga with shoes ; and it is also necessary to pro- vide in time for the quota of troops raised within this State ; from which circumstance, the article of leather is already nearly exhausted, must become exceeding scarce and dear, and leave part of the army, which depends upon this State, distressed : And whereas the inhabitants of this State are by these means reduced to the greatest distresses for the want of that necessary article : Therefore, Resolved, That the Delegates of this State, state the facts to the Honourable the Congress, and requesting that this State may be at liberty to send a commissary to Ticonde- roga and Fort George, in order to take charge of this ne- cessary article, for which this State are willing to allow the price at which they shall be appraised, after deducting the expense attending the care and transportation thereof, and that they obtain a resolution of the Honourable the Con- gress, directing the deputy quarter-master in that depart- ment to give them such assistance as will be necessary for securing the same. Whereas Major Henry Schenk was some time since appointed by the Convention of this State to purchase flour and transmit the same to the Commissary-General for the use of the army : And whereas the flour which was ma- nufactured is by this time, in all probability, purchased, and the attendance of Major Schenk as one of the Repre- sentatives of this State, is necessary : Therefore, Resolved, That Major Schenck be, and he is, hereby discharged from that agency, or any further attendance on that business. Resolved, That the words "State of New-York" which was ordered by the resolutions of this Convention of the day of last to be altered on the plates for the emission of bills of credit of this Convention be printed in the said bills with types only. Major Schenck, Mr. Newkirk, Mr. Adgate, Mr. Duns- comb, Mr. Webster, Mr. Contine, Genl. Bailey, Mr. Wm. Smith, Colo. Allison and Mr. Mills, was appointed a Com- mittee of Safety for this State until the meeting of Con- vention. That five members with the President be a quo- rum. That the Committee of Safety having 20 members present, may do every act which the Convention may do, except forming a government. 170 JOURNAL OF THE COMMITTEE OF SAFETY. WEDNESDAY MORNING, Odor. 16th, 1776. Committee of Safety met pursuant to adjournment. Present — Colo. Livingston, Prest. Mr. Harper, Mr. Dt/nscomb, Mr. Jay — New-York. Colo. Allison, Mr. Wisner — Orange. Mr. A. Yates, Mr. Adgate, Mr. Gansevort — Albany. Colo. Van Cortlandt, Judge Graham — Westchester. Mr. Smith— Suffolk. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Newkerk— Tryon. Mr. Contine, Mr. Parks — Ulster. Mr. Webster, Mr. Duer— Charlotte. Mr. Landon, Mr. Schenk — Dutches. Colo. Bailey — Gloucester. The Revd. C. Graham came into the Convention and complained of great hardships in consequence of the order for his removal out of the academy. Ordered, That Colo. Allison and Mr. Moore proceed to the academy to consult with Mr. Graham, and determine whether he can remain a few days therein, and what part he shall occupy. On motion, Resolved, That a commissary be immediately appoint- ed to provide for the troops coming up to this place, and that Henry Wyckoff be the person during the will and pleasure of this House. Resolved, That an express be immediately despatched to Peekskill, with orders that all the troops, except two companies, which are ordered up to this place, remain at Peekskill until further orders. Ordered, That Colo. Van Cortlandt and Mr. Wisner do immediately proceed to Peekskill to provide quarters for the troops there, and to assist the engineer in pointing out the places in the Highlands most proper to be fortified. Resolved, That two companies of those troops, now coming, be subject to the direction of the committee for detecting conspiracies, &c. till further orders. Resolved, That the said committee be authorized at their discretion to call out such part of the militia of this Stale for fatigue men as they may think necessary. Two letters of intelligence, one from Mr. Tilghman, the other from Mr. Harrison, the General's secretary, dated at Head-Quarters, the 14th inst. were read and returned to the committee of correspondence. A letter from Colo. Hay, at Haverstraw, dated 15th inst. giving an account of the state of his regiment, and of the motions of the enemy's ships, was read. Ordered, That the President write to Colo. Hay and inform him that a detachment of 100 men of the militia for the northwest side of the mountains, are marched to the banks of Hudson's river, on the south of the moun- tains, and that he direct Colo. Hay to drive all the stock, (which are in danger of falling into the hands of the ene- my,) to the interior part of the county. Ordered, That the Treasurer of this State advance to Mr. Robert Harper the sum of 100 dollars for the purpose of carrying into execution the resolve of Convention of the 3d inst. concerning the manufacturing of flax belonging to this Convention, and that Mr. Harper account for the ex- penditure thereof. The committee to whom were referred the resolutions of Congress of the 30th Sepr. and 1st Octor. relative to surgeons and surgeon's mates, and the call of the U. S. for all the absent members to attend, and Genl. Greene's letter relative to a horse in his possession, taken from a tory on Long island, reported the following drafts of letters, which were read and approved, and ordered to be transmitted : " In Committee of Safety, ? for the State of New-York. $ " Sir — We have received your favour of the 7th inst. respecting the horse taken by Wm. Bradford, adjutant to Colo. Hitchcock's regiment, which you inform us is the property of one Jacob Wyckoff, who has joined the ene- my. As the horse is now in your possession, and you are in want of one, we desire you will have him appraised and kept in your service until some future determination of the Convention or future Legislature of this Stale, relative to the disposition of the property of all such persons as have or hereafter may join the enemy, that may fall into our hands. " The bravery of the adjutant will then also be consi- dered. " I am, with great respect, sir, " Your mo. obt. servt. " To Major-Genl. Greene." 680 JOURNAL OF THE COMMITTEE OF SAFETY The letter to the Honble. John Hancock, Esqr. Presi- dent of the Continental Congress, reported as aforesaid by the same committee, was in the words following, to wit : " Sir — The Convention were honoured with yours of the 2nd inst. enclosing some resolves relative to surgeons for the army, and urging the necessity of a full represent- ation at Congress. If by a full representation nothing more is meant or intended than such a number of Dele- gates from State as will entitle each of them to a vote,'this Convention hope that the recommendation is complied with by this State, since they have always directed so many gentlemen to remain at Philadelphia as will answer that purpose. If on the other hand, it is expected that all the Delegates of this State should attend this Convention, though fully satisfied of the propriety of such a requisi- tion, must beg the Honourable the Congress to excuse their non-attendance at present ; the critical situation of this State, equally endangered by open and secret enemies, rendering it extremely improper to deprive the Convention of the assistance of any gentleman whose abilities may be of service to it, at least till the army is arranged and mea- sures taken to form and establish some more permanent government than we now enjoy. These considerations, we flatter ourselves, will have some weight with Congress, and not only induce them to admit our excuse for not per- mitting such of our Delegates as are now here to attend at Philadelphia, but to defer any matter in which this State is particularly interested, (when the general cause of America will safely admit of such delay) till they are more fully represented. " Drs. John Jones, Saml. Bard and Malachi Treat, were appointed by this Convention to examine all surgeons, or surgeons' mates that entered into the service of this State ; no warrant or commission has been given to any in that capacity unless they produced a certificate of their exami- nation, signed by at least two of those gentlemen, setting forth that they were fully qualified to discharge their duty in their stations, excepting a few late instances, when they could not be obtained by reason of those gentlemen being dispersed in different parts of the county and could not at- tend, in which case five or six have been admitted on the examination of one only. " Yours, &c. " By order. " The Honble. John Hancock, Prest. &c. &c. &c." Wednesday Afternoon, Octor. 16th, 1776. The Committee of Safety met. Present — Colo. Livingston, Prest. Mr. Adgate, Mr. Abm. Yates— Albany. i Mr. Wisner, Colo. Allison — Orange. Colo. Bailey — Gloucester. . Mr. Win. Smith, Mr. Gelston— Suffolk. Mr, Millf , Judge Graham — Westchester. Mr. Contine, Mr. Parks, Mr. Wisner — Ulster. Mr. Webster — Charlotte. Mr. Landon, Mr. Schenk — Dutches. Mr.tMoore, Mr. Harper, Mr. Sacket — Tryon. Mr. Duer informed the Committee that his attendance on the committee for detecting conspiracies, &c. is so ab- solutely necessary as not to admit of his going down to Peekskill for the purpose to which he was appointed this morning in conjunction with Colo. Van Cortlandt, to pro- vide quarters for the troops there, and assisting the engi- neer in pointing out the grounds proper to be fortified, and therefore prays that Mr. Wisner be appointed in his stead. Ordered, That Mr. Wisner be appointed in the stead of Mr. Duer. Mr. Wisner informed the Committee that he had taken upon himself to employ some persons to repair the roads in the northern part of Orange county leading to the forti- fications in the Highlands, and requests to know the sense of the Committee on the propriety of this measure, and whether they shall be directed to go on in the said neces- sary work. Resolved, That this Committee do approve of Mr. Wis- ner's conduct, and that the persons employed by Mr. Wis- ner continue to repair the said roads, and that this Con- vention will defray the expenses. A person attending by direction of Genl. Mifflin for the advice of the Convention, relative to a quantity of bricks, shingles, boards, and other stores, on board vessels some- where in the river near the Highlands. Ordered, That Mr. Schenk make the necessary inquiry and assist the man. Ordered, That Mr. Schenk provide vessels to transport those troops which were intended to have come to this place back to Peekskill. A letter from John Sloss Hobart, Esqr. dated at Fair- field, Octor. 8th, 1776, setting forth the state and circum- stances of the sloop Montgomery, and of the sum of money necessary for paying off the wages of the crew, and other expenses. Thereupon, Ordered, That the sum of £800 be transmitted by Mr. Gelston to Mr. Hobart at Fairfield, or such other person as Mr. Gelston may think safe and prudent, in the absence of Mr. Hobart, to be advanced to Capt. Rogers for defray- ing the expenses of fitting out and paying off the wages of the officers and crew of the sloop Montgomery. Report of the committee sent to consult with the Revd. Mr. Graham, relative to the academy ordered for the use of the troops, and to view the said building, was read and postponed till to-morrow morning. THURSDAY MORNING, Odor. 17th, 1776. The Committee met pursuant to adjournment. Present — Colo. Livingston, President. Mr. Roosevelt, Mr. Dunscomb — New-York. Colo. Livingston, Mr. Gansevoort, Mr. Adgate, Mr. Abm. Yates — Albany. Mr. Wm. Smith, Mr. Gelston— Suffolk. Mr. Moore, Mr. Harper — Tryon. Major Landon — Dutchess. Mr. Contine, Mr. Wisner — Ulster. Mr. Webster, Mr. Duer — Charlotte. Colo. Allison — Orange. Colo. Bailey— Gloucester. A letter from Richd. Varick, Esqr. secretary to General Schuyler, dated Octor. 14th, 1776, enclosing a copy of a letter from General Arnold to Genl. Schuyler, giving a particular account of the action on Lake Champlain, be- tween the enemy's fleet and ours, on the 12th inst. was read, and is in the words following, that is to say : " Schuyler's island, Octo. 12th, 1776. " Dear General — Yesterday morning at 8 o'clock the enemy's fleet, consisting of one ship mounting 16 guns, one snow mounting the same number, one schooner of 14 guns, two of 12, two sloops, a bomb ketch, and a large vessel, (that did not come up,) with 15 or 20 flat bottomed boats, or gondolas, carrying one 12 or 18 pounder in their bows, appeared off Cumberland Head. We immediately prepared to receive them ; the gallies and Royal Savage, were ordered under way, the rest of our fleet lay at an- chor. At 1 1 o'clock they ran under the lee of Valcour, and began the attack. The schooner, by some bad ma- nagement, fell to leeward, and was first attacked ; one of her masts was wounded, and her rigging shot away; the captain thought prudent to run her on the Point of Valcour, where all the men were saved. They boarded her and at night set fire to her. At half past 12 the engagement became general and veiy warm. Some of the enemy's ships, and JOURNAL OF THE COMMITTEE OF SAFETY. 681 all their gondolas beat and rounded up within musket shoi of us ; they continued a very hot fire, with round and grape shot, until 5 o'clock, when they thought proper to retire to about 6 or 7 hundred yards distance, and continued the fire until dark. The Congress and Washington have suffered greatly ; the latter lost her first lieutenant killed, captain and master wounded ; the New-York lost all her officers, except her captain ; the Philadelphia was hulled in so ma- ny places that she sunk in about one hour after the en- gagement was over. The whole killed and wounded amounts to about 60. The enemy landed a large number of Indians on the island and each shore, who kept up an incessant fire on us, but did little damage. The enemy had, to appearance, upwards of 1,000 in batteau prepared for boarding. We suffered much for want of seamen and gunners. I was obliged myself to point most of the guns on board the Congress, which I believe did good execu- tion. The Congress received seven shot between wind and water ; was hulled a dozen times, had her main mast wounded in two places, and her yard in one. The Wa- shington was hulled a number of times ; her main mast shot ihrough, and must have a new one. Both vessels are very leaky and want repairing. " On consulting with Genl. Waterbury and Colo. Wig- glesworth, it was thought prudent to return to Crown Point; every vessel's ammunition being nearly three- fourths spent. At 7 o'clock Colo. Wigglesworth, in the Trumbull, got under way. The gondolas and small ves- sels followed, and the Congress and Washington brought up the rear. The enemy did not attempt to molest us. Most of the fleet is this minute come to an anchor ; the wind is small to the southward ; the enemy's fleet is under way to leeward, and beating up. As soon as our leaks are stopped, the whole fleet will make the utmost despatch to Crown Point, where I beg you will send ammunition, and your further orders for us. On the whole, I think we have had a very fortunate escape, and have great reason to return our humble and hearty thanks to Almighty God, for preserving and delivering so many of us from our more than savage enemies. " I am, &c. "B. ARNOLD. " P. S. I had not moved on board the Congress when the enemy appeared, and lost all my papers, and most of my clothes on board of the schooner. I wish a dozen bat- teaux well manned could be sent immediately, and tow up the vessels in case of a southwardly wind. " I cannot in justice to the officers in the fleet omit men- tioning their splendid conduct during the action. " B. A." A letter from Jacobus Lansing, Junr. of Albany, dated at New-Windsor Octr. 11th, 1776, directed to the Depu- ties of Albany, setting forth the defenceless state of the city of Albany, and suggesting the propriety of erecting some fortifications, and supplying them with some field pieces, was read and committed to Messrs. Adgate, Alli- son and London. Two certificates from the committee of Walkill, dated Sepr. 11th, 1776, and signed by William Wilkin, chair- man, the one that Henry Wisner, Junr. has at his mill manufactured 9, 184lbs. of powder, agreeable to the re- solve of Congress. The other that Henry Wisner, Junr. and Morris Philips have erected a mill and manufactured agreeable to resolve of Congress: committed to Mr. Con- tine and Mr. Moore. The committee to whom was referred a conference with the Revd. Chauncey Graham, and to examine into the particular state of the public academy in this town, in consequence of a resolve of this House of the. 13th inst. wherein the said Revd. Chauncey Graham was ordered to move out of the said academy in one week's lime, in or- der that the same might be occupied by the troops, or- dered here by this Convention submitted it as their opinion that the following resolve be entered into by this House. 171 Resolved, That whereas it appears to this committee to be exceedingly inconvenient for the Revd. Chauncy Gra- ham to remove his family out of the public academy in this town on so short a notice, at this difficult season, as hath been allowed him by a former resolve of this House, he is therefore hereby permitted to occupy the eastermost room on the lower story of said academy, one fortnight from this day, provided he permit the soldiers to have the use of the out houses. Resolved, That the said Chauncey Graham be permit- ted to take the sashes and glass out of three of the win- dows in said academy that are not in the rooms now oc- cupied, relying on his word to this House, that he will re- place the same in good order when thereunto required by this Convention, or a future Legislature of this State, or whenever the said academy may be converted to the uses it was originally intended for. Resolved, That there be allowed unto the said Revd. Chauncey Graham, an equal number of boards as purchas- ed by him for the use of the academy since his last resi- dence there, and also as many nails as shall or may ap- pear to have been used by said Graham in working up said boards into partitions or otherwise, for the conveniency of said house. The committee to whom was referred the claim of Mr. Nichs. Bayard, for providing an office for securing the re- cords of this State, for a guard room for the guard ap- pointed to watch the said records, and for firewood and candles supplied the guard, have taken the same into con- sideration, and thereupon agreed to the following reso- lutions. Resolved, That there be allowed to Nichs. Bayard for providing an office for securing the public records of this Stale, a guard room and firewood and candles supplied the guard over the said records, the sum of £50. Ordered, That the Treasurer of this Stale, cause to be conveyed to Nichs. Bayard, Esq. by the first safe oppor- tunity the sum of fifty pounds, pursuant to the above re- solution, and procure his receipt for the same. Resolved, That the Treasurer of this State, do on ap- plication of either of the persons respectively named in the resolutions of the Committee of Safety on the 9th instant, for the purpose of purchasing clothing in the counties of Westchester, Orange, Dutches, Ulster and Albany, ad- vance to each of them respectively, the sum of £100, tak- ing their receipt for the same. Mr. Wyckoff who is appointed commissary to the troops in this place, requested an order for two bushels of salt for the use of said troops. Ordered, That Major Terboss deliver to Mr. Henry Wyckoff or his order 2 bushels salt for the use of the troops at Fishkill ; Mr. Wyckoff to pay for the same agreeable to the regulated price of that article in this county. An additional resolution relative to the persons to super- intend the printing the bills of credit was read and agreed to, and is as follows to wit : Whereas in the resolution of this Convention of the 13lh August last, for the emission of 500,000 dollars in bills of credit, it was among other things, Resolved, That Isaac Roosevelt cause to be adminis- tered to the printer of said bills, by the President of this Convention, a certain oath therein prescribed : And whereas the want of money in the treasury ren- ders it necessary to carry the said resolution into immedi- ate execution, and Samuel Loudon, the intended printer thereof, being now absent, and therefore cannot take the said oath, Resolved, therefore, That the said Isaac Roosevelt do cause the printing of said bills to commence with the fore- man and other workman of the said Saml. Loudon ; and that he appoint two persons to attend the printing thereof, to whom, instead of the printer thereof, shall be adminis- 682 JOURNAL OF THE COMMITTEE OF SAFETY. tered, by the President of this Convention, the following oath : " I, A. B. do solemnly swear by the Almighty God, that from the time that the letters were set and tit to be put in the press for printing the said bills of credit, until the bills were printed and the letters afterwards distributed into the boxes, I was present in the absence of the other ; and that both of us did not at any time leave the room in which the said letters were without locking them up, so that they could not be come at without violence of a false key or other art unknown to us ; and therefore, to the best of our knowledge, no copies were printed off but in the presence of one or both of us ; and that all the blotters and other papers whatsoever, impressed by the said letters whilst set for printing the said bills, to the best of our knowledge are delivered to the said Isaac Roosevelt, together with the stamps ; and in all things relating to this affair we have demeaned ourselves honestly and faithfully to the best of our knowledge and understanding : so help me God." Ordered, That Mr. Dunscomb have leave of absence for four or five days. Thursday Afternoon, llth Odor. 1776. The Committee met pursuant to adjournment. Present — Colo. Livingston, President. Mr. Contine, Mr. Adgate, Colo. Bailey, Mr. Gelston, Mr. Yates, Judge Graham, Mr. R. Harper, Mr. Newkirk, Major Lockwood, Mr. Gansevoort, Mr. Mills, Mr. Wisner, Mr. Webster, Colo. Allison, Mr- Moore, Mr. Paris, Mr. Wm. Smith, Mr. Landon. An account of Jacainiah Allen was produced for guard- ing the cannon at King's Bridge ; referred to Messrs. Lockwood, Moore and Landon. Whereas the time limited by the Honourable the Con- tinental Congress for the sale and consumption of bohea tea on hand, proved too short for that purpose, whereby large quantities of that commodity remained unsold and unconsumed in the Colony, to the great loss and damage of the proprietors thereof: And whereas the said pro- prietors or tea holders in the city of New-York, did, by a memorial or petition to the committee of that place, repre- sent the difficulties they were reduced to by reason of that article of the association, and praying their interposition in their behalf : And whereas the said committee of the city and county of New-York did transmit the said representa- tion to the Congress of the Colony of New-York, and did certify the same to be worthy their attention : And whereas the said Congress finding on inquiry that divers of the inhabitants of the said Colony would be greatly in- jured unless a further time was allowed for the consump- tion of tea, did instruct their Delegates in Continental Congress to endeavour to obtain a resolve of Congress for that purpose : And whereas the said tea holders did among other things, allege in favour of their application, that many of them would, unless relieved, be ruined by being prohibited the sale of the said lea, which was a pe- rishable article ; that they were fast friends to the Ameri- can cause, and had been induced to import a more than usual quantity of that article with a view the better to op- pose and defeat the designs of the ministry and India Com- pany in selling tea in the Colonies subject to duty ; that they would be content to sell the remaining stock on hand at the former current price ; that had they been permitted to vend it, they would have employed the moneys arising from the sale of it in importing divers commodities very necessary to the defence of the Colonies, and if indulged in selling the same would immediately set about it : And whereas the Continental Congress, moved by considera- tions of justice as well as policy, did finally grant the prayer of the said petitioners, and lest any evil disposed persons might lake undue advantages of the scarcity of tea which would necessarily lake place from its future im- portation being prohibited, they wisely limited the price of all bohea teas at -f of a dollar, and that of the other teas at such prices as would be fixed by the committees; al- lowing by the said resolve a generous and more than usual price for the tea on hand, and thereby compensating the owners for any losses they might have sustained by not being permitted to sell the same in the interval between the expiration of the time limited for its consumption and the date of the resolve annulling that resolution : And whereas divers of the said tea holders, not content with the advanced price of tea allowed by the Congress, and forgetting the patriotic principles which induced them to import it, as well as the services they once intended to do their country by speedily turning that perishable article into money and employing those sums in the importation of articles essential to the defence of the United Stales of America, have refused to dispose of their stock of lea on hand, designing to postpone the sale thereof until such lime as an artificial scarcily shall induce the good women of this State to tempt them to vend it by offering exorbi- tant prices : And whereas others of ihe said tea holders have already, in various and manifold instances, sold tea for double the price allowed by the Congress, and by in- volving so many in a transgression of the said resolve ex- pect to escape the just punishment demanded by it : And whereas the said unjustifiable and mercenary practices of the said tea holders, hath in many instances brought upon them the resentment of the people, and many riotous proceedings have thereby been occasioned, to the great disturbance of the quiet and breach of the peace and good order of the community : And whereas monopolies and forestalling designed to create an artificial scarcily, and distressing the people, deprive them of their property, have ever been justly deemed proper objects of reprehension, and called for the interposition of the Legislature : This Convention for the reason aforesaid find themselves con- strained by the great duties they owe their constituents, and the General Congress to effectually provide that the said resolve be no longer violated in this State, and the more so as the Congress of the Colony of New-York were solicited by the said tea holders to use, and did exert, their influence to obtain it. Resolved, therefore, That the committees of the seve- ral counties within this State do forthwith take into iheir custody from every tea merchant, shop keeper, or other person or persons whatsoever in this State, all the bohea tea which shall be found in their possession, over and above the quantity of 25lbs. respectively, and appoint some re- spectable person or persons to retail the same in small quantities to any persons that may apply to purchase the same at the rate of 6s. per lb and that the money arising by such sale be paid to the said committee, and by them kept for and delivered to the proprietor of such tea, on his ap- plicalion in person or by order for the same. That the person or persons appointed to retail the said tea be authorized to demand and receive from the purchasers thereof 3d. per lb. for his or their expense and trouble in executing ihe trust hereby reposed in him or them. That the person or persons so to be appoinled, shall take an oath for the faithful discharge of the trust hereby reposed in him or them, before the chairman of the county committee, and give security to the said chairman, to pay to the said commiltee the money he or they may or shall receive for the lea, so by him or them sold agreeable to the above re- solutions. That the person or persons to be appointed to sell the said tea, do not sell more than 12lbs. lo any one person for the use of any one family. That if any of ihe tea holders, or their agents within this State, in order to prevent its be- ing sold at the above mentioned price to evade the intent of those resolves, or for any other reason or purpose what- soever, shall hereafter export or import out of or into this State, any India lea, shall forfeit double the value thereof to the committee of the county, out of or into which the same shall be exported or imported. That public notice shall be given by the person or persons appointed as afore- JOURNAL OF THE COMMITTEE OF SAFETY. 683 said, to sell the said lea at least ten days before he or they open the same for sale, that those who want may have an equal chance of being supplied. The same was agreed to by the House. Resolved, That the rangers ordered from Ulster county to this place be subject to the order and direction of the committee appointed for the detecting conspiracies, &c. The committee to whom was referred the request of Dr. Osborne for medicines for the use of the regiment com- manded by Colo. Jacobus Swartwout, made the following report. " Whereas, your committee are informed by said Doc- tor Osborne, that part of the men under the command of Colo. Jacobus Swartwout, in General Clinton's brigade in Continental service, are in great distress for want of me- dicines, and that Colo. Swartwout had requested Dr. Mc- Knight, one of the Continental hospital surgeons to supply his regiment with the same, who hath requested said doc- tor Osborne to apply to this Convention, your committee agreeable to the powers given by the Convention, have thought proper to supply and have supplied the said Dr. Osborne with IbVI. sal cathartus, and lbs cortex peruviana, out of the store of medicines belonging to this Convention, for which your committee have taken a re- ceipt from Dr. Osborne ; which said receipt amounting to the sum of £3 6s. Od. together with the orders from Colo. Swartwout and Doctor McKnight, respecting the same, your committee now here produce." Ordered, That the said receipt and orders be filed with the Treasurer of this Stale, and that he charge the said £3 6s. Od. to Continental account. A letter from Joshua Ambler, chairman of the commit- tee of Poundridge in Westchester county, dated the 1 5th inst. informing that there is danger of the prisoners of war going off to the enemy, as one of them is already gone off to Long island. Thereupon, Resolved, That Major Lockwood repair immediately to Poundridge and Bedford, in Westchester county, to in- quire into the state of the prisoners of war confined there, and if he should find it necessary, that he cause the pri- vates to be conveyed under a proper guard to Woodbury, in the State of Connecticut, and the officers who are pri- soners on parol, to Danbury in the same State. Major Lockwood to be furnished with the blank parols, to be by him filled up, for all of the said prisoners as are confined there on parol. The old parols to be cancelled, and that Major Lockwood at his discretion settle with and advance to the prisoners the rations and other provisions allowed by the resolve of Congress, as may appear to him to be justly due to them. FRIDAY MORNING. Odor. 18th, 1776. The Committee of Safety met pursuant to adjournment. Present — Peter R. Livingston, Prest. Col. Allison — Orange. Mr. Adgate — ilbany. Mr. Mills, Mr. Lockwood — Westchester. Mr. Smith, Mr. Gelston— Suffolk. Mr. Paris, Mr. Moore — Tryon. Mr. Contine, Mr. Wisner — Ulster. Mr. Webster — Charlotte. Mr. Landon — Dutches. Colo. Bailey— Gloucester. Mr. Duer brought into Committee an affidavit sworn to by William B. Alger, lieutenant in Capt. Durlin's company in Col. Humphrey's regiment, setting forth that a certain Jacob Dean in Charlotte precinct, has refused to receive the paper emission of the Continental Congress in payment for a parcel of deer's leather, which the said Alger had bought from the said Jacob Deane. Thereupon, Ordered, That the committee appointed for inquiring into and defeating conspiracies, &c. be requested to cause the said Jacob Deane to be apprehended and brought be- fore them lo be examined and dealt with as to them shall seem meet. Mr. Gelston informed the Committee that he, as one of the committee appointed by the resolution of the Congress for the purpose of purchasing saltpetre in Suffolk coun- ty, for the use of this State, requested that sixty pounds may be advanced him on account to pay for a certain quan- tity of saltpetre by him purchased. Thereupon, Ordered, That the Treasurer of this State advance to David Gelston, Esq. the sum of £60, to enable him to pay for a certain quantity of salpetre purchased on account, and for the use of this Stale, pursuant to a resolution of the Congress of this State, and that Mr. Gelston give his receipt to account for the said sum. The committee to whom was referred the account of Jacamiah Allen, for guarding the cannon at King's Bridge, reported that ihey have examined into the said accounts, and from what appears to them, they think Mr. Allen's account ought to be paid. Referred to the consideration of the Convention. Mr. Moore from the committee to whom was referred the certificates from the chairman of the committee of Wal- kill precinct, relative to Mr. Wisner's having manufactured 9,184 pounds of gunpowder delivered in their report, which was read and agreed to. Ordered, That the Treasurer of this State pay to Henry Wisner Junr. Esqr. the sum of £459 4s. Od. for the boun- ty on 9,184 pounds of gunpowder manufactured by him, between the 1st day of March to the 9th day of June last, as appears by the certificate of William Wilkins, chair- man of the committee of Walkill in Ulster county. Mr. Allen fiom the committee appointed to establish and employ riders between this place and Head-Quarters, for the purpose of obtaining daily intelligence, delivered in their report relative to the persons and the terms on which they agreed with them to ride, &c. The same was read and agreed to. Therefore, Resolved, That the Auditor-General do. until further order of this House, audit from time to time the accounts, and allow to Odel, Michl. and John Crygier, each 16s. per day for performing the services of post riders from the time of their riding first commencing, that is Odel, from the 17th Sept. last, Mitchel, from the 18th, and John Cregier from the 19th of same month. Friday Afternoon, Octor. 9th, 1776. The Committee met pursuant to adjournment. Present — Colo. Livingston, Prest. Mr. Landon — Dutches. Colo. Bailey — Gloucester. Mr. Yates, Mr. Adgate, Colo. Livingston— Albany. Mr. Mills — Westchester. Mr. Wm. Smith— Suffolk. Colo. Allison — Orange. Mr. Webster — Charlotte. Colo. De Witt, Mr. Contine— Ulster. Mr. Moore, Mr. Paris — Tryon. SATURDAY MORNING. Octo. 19 th, 1776. The Committee met pursuant to adjournment. Present — Colo. Livingston, Prest. Mr. Jay — New-York. Colo. Allison — Orange. Mr. Smith-Suffolk. Mr. Abm. Yates, Mr. Adgate, Colo. Livingston, Mr. Gansevort— Albany. Mr. Mills— Westchester. 684 JOURNAL OF THE COMMITTEE OF SAFETY. Colo. Bailey— Gloucester. Mr. Contine, Mr. Wisner, Junr. — Ulster. Mr. Moore, Mr. Paris, Mr.Newkirk — Tryon. Major Landon, Mr. Schenk, Mr. Sacket, Capt. Piatt— Dutches. Mr. Duer, Mr. Webster — Charlotte. A letter from General Schuyler, dated at Saratoga, Octr. 16th, containing the intelligence of the destruction of our fleet on Champlain, was read, and is in the words follow- ing : "Saratoga Octr. 16lh, 1776, ) t> o'clock in the afternoon. ) " Sir — By a letter from Generals Gates and Arnold, I am advised of the total destruction of our fleet on Lake Champlain, and that it is beyond doubt that the enemy mean to attack our army at Ticonderoga. I have written to Gene- ral Ten Broeck to march up the militia under his command, and I have also applied to that of the neighbouring States. General Gates wishes to be sustained by an army of 10 or 12,000 of them. It is certainly of the highest importance that all the militia that can be spared should march up without delay, either to support General Gates, if there should be time, or to cover his retreat should he be re- duced to the necessity of quitting his ground ; and I must therefore intreat your aid. Permit me to suggest that I believe the Convention's moving to Albany would be at- tended with good consequences. " I am sir, most respectfully, " Your obt. hble. servt, "PHIL. SCHUYLER. " To the Honble. Abm. Yates, Esqr. President of the Convention." Ordered, That copies of said letter be sent to Congress and General Washington by express. A letter from the marine committee of the Continent, dated the 12th inst. signed by John Hancock, Robert Mor- ris and seven others, was read, relative to the safety of the Continental ships building at Poughkeepsie. Ordered, That a copy thereof be immediately transmit- ted to the superintendent there. A letter from Govr. Morris, dated at Boonton, 13th Octr. 1776, assigning reasons for his non-attendance, and en- closing a letter from Treasurer Lott, dated the 9th inst. as- signing the reasons for his non-attendance, with his ac- counts agreeable to order, [was received and read.] A letler from Tench Tilghman, Esqr. dated the 17th inst. directed to Mr. Duer of the committee of intelligence, was read. General Bailey had leave of absence. Ordered, That Colo. Luddington deliver the 19 guns taken from the disaffected persons, to James Weeks, who is requested to keep them in his care till further order. Mr. Contine delivered in the muster roll of Capt. De- wit's company of Ulster county rangers, and requested the remainder of the bounty. Ordered to be paid. Ordered, That the said muster roll be leferred to the Auditor-General to be first audited. A petition of Christian Colles for £40 or £50, to ena- ble him to set up his wire works, was read. Ordered, To lie on the table. A motion was made by Mr. Moore for ammunition for the Tryon county rangers. Nothing done thereon. Resolutions to appoint acommitiee to proceed to Albany and concert measures with Genl. Schuyler for the defence of the northern frontier of this State, was read and agreed to, and is in the words following, to wit : In Committee of Safety for the State of New-York, > Fishkill, Odor. 19th, 1776 $ Whereas, information has been received by this com- mittee from the Honble. Major-Genl. Schuyler, command- ing the Continental army in the northern department, of the total destruction of our fleet on Lake Champlain, and that it is beyond doubt that the enemy mean to attack our army now at Ticonderoga: And whereas it is of the ut- most importance to the safety of this State, and to the ge neral cause of America, that the legislative authority of this Slate should make the most vigorous and decisive exer- tions for repelling the progress of the enemy's arms, and for preserving the lives, liberty and property of the good people of this Slate, from falling a sacrifice to a tyran- nical, merciless and savage enemy : And whereas the Convention of this State did on the 15th inst. appoint out of their body, a Committee of Safety, with full powers to transact all such business, and exercise such authority as should more immediately concern the safety of this State : Resolved, That a committee be forthwith appointed to repair to the cily of Albany, in order to cooperate with Major-General Schuyler on devising and carrying into ex- ecution all such measures as they shall deem most effec- tual for repelling the invasion of the enemy's army on the northern and western frontiers of this Slate, and that for this purpose, they be invested with full powers to call out the whole, or any part of the militia of the counties of Tryon, Charlotte, Cumberland, Gloucester and Albany, to such place or places as they shall think proper and ne- cessary. Resolved, That Colo. Van Rensselaer, with the detach- ment of his militia now at the house of Jno. Carpenter, in Chailotte precinct, postpone his march till such time as he shall receive orders from the committee appointed by the Convention of the State of New- York, for the purpose of inquiring into, detecting and defeating all conspiracies formed in the State of New-York against the liberties of America. Resolved, That the colonels of all the regiments of mi- litia, or in their absence, the next commanding officer in Ulster county be forthwith ordered to hold their regiments in readiness with three days' provisions, to march at a mo- ment's warning. Resolved, That the officers and men of the militia so called out, shall be entitled to Continental pay and rations during the time they are actually in service. Resolved, That it be earnestly recommended to the committees of Albany, Tryon, Gloucester, Charlotte and Cumberland, to give all possible aid to the commanding officers of their respective militia, in calling out and equip- ping the said militia, and that the said committees do car- ry into execution all such other measures as to them shall be recommended by the committee hereafter named. Resolved, That Brigr. Genl. Abm. Ten Broeck, Evert Bancker, Jacob Cuyler, John Bleecker, John Taylor, James Duane, Robt R. Livingston, Robert Yates, Chris- topher Yates, John Ten Broeck, Volkert Veder and Wm. Harper, Esqrs. be the committee for the purpose of car- rying into execution the above resolutions ; and that any four of them with a chairman be a quorum. Ordered, That a letter be written to Major-General Schuyler, inclosing him a copy of those resolutions; and that copies of the same be immediately transmitted to the committees of Albany, Tryon, Gloucester, Cumberland and Charlotte, and to Robert R. Livingston, Esq. who is earnestly requested to proceed to Albany, and to give no- tice to the other gentlemen above mentioned of their ap- pointment. Saturday Afternoon, Octr. [9th, 1776. The Committee met pursuant to adjournment. Present — Colo. Livingston, Mr. Adgate, Mr. Abm. Yates — Mbany. Genl. Bailey— Gloucester. Mr. W. Smith— Suffolk. Colo. Allison — Orange. Mr. Mills— Westchester. Mr. Contine, Mr. Wisner, Junr. — Ulster. Mr. Moore, Mr. Paris, Mr. Newkirk— Tryon. Mr. Schenk, Mr. Landon— Dutches. Major. Webster— Charlotte. On motion of Mr. Contine, JOURNAL OF THE COMMITTEE OF SAFETY. 6S5 Ordered, That Robert Boyd, chairman of Ulster county, pay unto Capt. Jacob R. Dewitl the remaining half of the bounty due to his company, out of the money in his hands. Ordered, That each member be allowed to take one of the guns now at Capt. Weeks's for his own present use out of those 19 delivered there by Colo. Luddenton. Ordered, That Mr. Sacket be requested to send up a box of catridges to this place, out of the store at the land- ing. Resolved, That Colo. Van Cortland and Mr. Wisner be authorized to impress as many pickaxes, stubbing hoes, spades or shovels, or any other intrenching tools that may be wanted at the works at or near Peekskill, in the High- lands, they paying the value thereof, or returning the same to the proprietors. Resolved, That the colonels of all the regiments of militia, or in their absence, the next commanding officer in Ulster county, be forthwith ordered to hold their regiments in readiness, with three days' provisions, to march at a moment's warning. MONDAY MORNING. 21st Octr. 1776. The Committee met pursuant to adjournment. Present — Colo. Livingston, Prest. Colo. Brasher, Mr. Roosevelt— New-York. Colo. Allison— Orange. Colo. Livingston , Mr. Gansevoort, Mr. Yates, Mr. Adgate— Jllbany. Mr. Contine — Ulster. Mr. Smith— Suffolk. Mr. Moore, Mr. Paris— Tryon. Major Landon, Major Schenk — Dutches. Mr. Mills — Westchester. Colo. Duer, Major Webster— Charlotte. Mr. Duer, seconded by Mr. Gansevoort, moved that the Secretaries be ordered to postpone ihe printing and publish- ing of the salt and tea resolves, which were agreed to in this Committee on the as the Committee of Safety did not then consist of a sufficient number of members to determine any reports which had originated in the Conven- tion of this State. Debates arose, and the question being put thereon, it was carried in the negative. Mr. Abraham Yates, seconded by Mr. Wm. Duer, moved that the printing and publication of the resolves relative to salt and tea be postponed for further consideration. Debates arose, and the question being put thereon, it was carried in the affirmative. Therefore, Resolved, That the Secretaries do postpone the publica- tions of the said resolves till further orders. A certificate of Mr. Gerard Bancker, Deputy Treasu- rer, in the words following, was read : " I do hereby certify that the pay roll of Captain Jacob Rutzen De Witt's company, amounting to five hundred and ten pounds seventeen shillings and six pence half-penny, has been by me carefully examined, that the amount of it as now corrected is right. That he has produced to me a certifi- cate of his and his lieutenants, having taken the oath prescrib- ed by a resolution of Convention of the 23rd July last, to be taken previous to his receiving his pay ; and that the char- ges for pay and subsistence are in his said roll, made agree- able to the aforesaid resolution. "GERARD BANCKER. "FUhkill, 21st October, 1776." Ordered, That the Treasurer of this State pay to Capt. Jacob Rutzen Dewit, the remaining half bounty due to his company of rangers raised in Ulster county ; as also the sum of £510 17s. 6^d. for pay and subsistence, agreea- ble to the muster roll of the said company, as by Mr. Bancker examined and certified this day to be right. 172 An account of Petrus Bogardus against the Continent, for transporting with his sloop Capt. Daniel Runnels' com- pany of 80 men, of Colo. Tash's regiment of troops in Continental service, from Fishkill in Dutches county, to the works at Red Hook on Hudson river, with their baggage, which account amounts to £4, was produced and read. A certificate of Capt. Daniel Runnels that 80 men and their baggage had been transported in the said sloop from Fishkill to Red Hook aforesaid, was also read, and it ap- peared to the Committee of Safety that the said sloop was engaged and taken up to transport the said troops at the re- quest of two of the field officers of that regiment, who were then present, and from necessity for despatch and be- cause they found that part of the regiment too much fatigu- ed to march through the Highlands. Therefore, Ordered, That the Treasurer of this State pay to the said Petrus Bogardus, or his order, the sum £4, taking his receipt for the same, and that the Treasurer charge the same to Continental account. " Mr. Abraham Yates from the committee to whom was referred the muster rolls of the different corps of rangers in the counties of Albany, Tryon and Charlotte, beg leave to lay before this Committee of Safety, the following facts. " That on the 23d of July 1776, the Convention ordered the raising of a number of rangers in the several aforesaid counties, the officers and men on Continental pay, the cap- tain 16s. the lieutenant 14s. and each non-commissioned officer and private 10s. a week in lieu of all subsistence, with an addition of a bounty of $25, to each non-commis- sioned officer and private. That the officers and privates were to furnish themselves with one good musket or fire- lock, powder horn, bullet pouch, tomahawk, blanket and knapsack, one-half the bounty to be paid to every able bodied man when he shall pass muster, the other half to be remitted by this Convention to the said respective coun- ty committees, to be by them issued to the captain of their respective companies and immediately distributed to the men. " That the officers before they receive their warrant, take an oath before the chairman of the county committee from whence he is recommended, that he will once in every month, or as soon after the expiration of any month as possible, transmit to the Convention, or future Legislature of this State, a muster roll of the names of every officer and private under his command, and the respective times of their enlistment and service. Your committee on perusing the returns find that it does not appear that the officers have been qualified agreeable to the said resolve, nor does it ap- pear as it ought to do, that either the officers or men have furnished themselves with a musket or firelock, powder- horn, bullet pouch and tomahawk, blanket and knapsack. " Notwithstanding which your committee beg leave to suggest, that from the dangers this State is in from our ex- ternal as well as internal enemies, and the great usefulness of the rangers to this State if they are diligent and faith- ful, it would be imprudent if not dangerous, to defer the payment of the bounty, subsistence and pay to the ran- gers, and therefore propose the following resolve. " Resolved, That the sum of £600 be remitted to the committee of the county of Albany, £1,900 to the com- mittee of the county of Tryon, and £600 to the commit- tee of the county of Charlotte, to enable them to discharge the pay, bounty and subsistence of sucli able bodied men enlisted in the rangers furnished, and accoutred agreeable to the aforesaid resolve. The county committee of each of those counties to be accountable to the Convention, or future Legislature of this State for the expenditure of those moneys, and to return complete accounts of the expendi- ture and disbursements thereof, as particular and expedi- tiously as possible, therein distinguishing between bounty pay and subsistence ; and that it be recommended to the several committees, that none of these moneys be paid to either officers or men, until a proper muster roll be made out under the oaths of the captain or commanding officer 086 JOURNAL OF THE COMMITTEE OF SAFETY. and other officers of eacli company, if not already sworn before their receipt of their warrants, that so many able bodied men are enlisted and accoutred in each company in this manner aforesaid. " Resolved, That the several committees be furnished with copies of the aforegoing report and resolves." Which report being agreed to, it was, Ordered, That the Treasurer of this State advance to John Moore, Esqr. the sum of £.'1,900, to be by him re- mitted to the committee of Tryon county, for the purpose of paying off the remaining half of the bounty, and one month's pay and subsistence to the three companies of ran- gers raised in the said county, pursuant to the resolutions of the Convention of this State, the said committee to be accountable for the expenditure of the same. Monday Afternoon, Octor. 21st, 1776. Present — Colo. Livingston, President. Colo. Brasher — New-York. Mr. Moore, Mr. Paris — Tryon. Major Schenk, Major Landon — Dutches- Colo- Allison — Orange. Mr. Mills — Westchester. A letter from Colo. Peter Van Ness, dated at Clave- rack the 14th inst. enclosing two pay rolls. The one of a detachment of Colo. Livingston's regiment of militia ; the other of a detachment of Colo. Van Ness's regiment of militia, for their service in quieting tories. Ordered, to be referred to the Convention. A letter from Lewis McDonald, chairman of the com- mittee of Bedford in Westchester county, dated the 19th inst. relative to Stephen Baxter, Junr. who is now sent under guard to this Committee, by order of said committee of Bedford, charged with having rescued a prisoner, and also disarming and otherwise abusing Isaac Smith. Ordered, That the said letter, together with the priso- ner, be referred to the committee for inquiring into and defeating all conspiracies, &c. TUESDAY MORNING, Octor. 22nd, L776. The Committee of Safety met. Present— Colo. Livingston, Prest. Colo. Brasher — New-York. Mr. Duer, Mr. "Webster— Charlotte- Mr. A. Yates, Mr. Gansevort, Mr. Adgate— Albany. Mr. Newkerk — Tryon. Mr. Smith— Suffolk. Mr. Mills — Westchester. Mr. Contine, Mr. Wisner— Ulster. Col. Allison — Orange. Mr. Landon, Mr. Schenk, Capt. Piatt— Dutches. Capt. Samuel Tuder one of the superintendents of the Continental frigates building at Poughkeepsie, attending, informed the Committee that the said frigates were by the Honourable the Continental Congress, ordered to be launch- ed as soon as possible, that one if not both of them will be ready to be launched in a few days, but that they are at present destitute of anchors and cables. Capt. Tuder therefore requests that he may be furnished with an order on the person at the landing at Fishkill, for the loan of such anchors, cables and other stores belonging to and ta- ken out of the vessels sunk at Fort Washington, as may be necessarily required in the launching of the said fri- gates. Thereupon, Ordered, That the person who hath the charge of the anchors, cables and other stores at Fishkill landing, and which were taken from on board the vessels now sunk at Mount Washington, deliver to Capt. Samuel Tudor, or his order, such of the said anchors, cables or other stores as he may require for the use of the Continental frigates building at Poughkeepsie, taking his receipt for the same. Colo. John Field having declined the business of supe- rintending the repairing of the roads in the Highlands, to which he was appointed on the 5th inst. therefore, Resolved, That Capt. Dirck Brinckerhoff, be and is hereby appointed in the place of Colo. John Field, to su- perintend the repairing of the road in the Highlands, with the same powers and agreeable to the resolutions of the 5th inst. The Committee of Safety were informed that Henry Wyckoff declining the purchasing of clothing for the troops agreeable to the resolution of the day of and that Mr. Paul Schenk is willing to undertake that ser- vice, and has already purchased sundry articles for that purpose to the amount of £250. Ordered, That Mr. Paul Schenk be and is hereby ap- pointed in the room of Henry Wykoff, to purchase clothing for and on account of the Convention of this State, for the purposes of furnishing the troops in service with clothing, and that the Treasurer of this State, do advance to the said Paul Schenk on his receipt, the sum of £100, which was ordered by the said resolutions to be paid to the said Henry Wyckoff, and the further sum of £200, for the same pur- pose, for which three hundred pounds the said Paul Schenk is to be accountable. A letter from Tench Tilghman, Esqr. to the committee of correspondence, requesting an immediate supply of flour for the Continental army, was received and read. There- upon, Resolved, That Henry Schenk and Dirck Jansen, Esqrs. or their agents, jointly and severally be directed to forward by water towards the Continental army in West- chester county, with all possible expedition, all the flour they can procure ; and for that purpose that they be im- powered to hire or impress vessels, boats, wagons and horses, teams and every other carriage, and to employ such persons under them as they may think best calcu- lated to execute this order with the utmost expedition; and further that they be authorized to pledge the public faith for the payment of such vessels, boats, &c. at an appraised value, as may through an unforseen accident fall into the hands of the enemy. Resolved, That Mr. Joseph Traverse at Peekskill Land- ing, be empowered and directed to receive all flour which shall be sent down at or near Peekskill Landing, for the use of the army in Westchester county, that he give re- ceipts to the different boatmen for the cargoes they bring, and take receipts of every teamster for the loads he car- ries. Resolved, That the Quarter-Master-General of the Con- tinental army, or his agents, be empowered to impress in the counties of Dutches and Westchester, drivers, horses, wagons, horse teams, ox carts, and every other carriage which may be necessary for the use of the use of the Con- tinental army, paying for the same the usual prices. Ordered, That a copy of these resolutions be forthwith transmitted to His Excellency General Washington, and to Brigadier-General Mifflin, Quarter-Master-General of the Continental army. Resolved, That Mr. Gilbert Livingston be one of the secret committee directed to be sent down with the utmost despatch to Fort Montgomery, with such parts of the chain as is fixed in the logs, and that Mr. Henry Wisner, Junr. cooperate with him in carrying this measure into execution in the most safe and expeditious manner possible. Capt. Saml. Tudor, one of the superintendents of the building the Continental frigates at Poughkeepsie, informed the Committee of Safety that the said superintendents have lately received a raft of timber for which they are indebted, and daily expect some other rafts of timber for which they are to pay ready money. That the said superintendents have also some other accounts to discharge, are at present destitute of money, and cannot obtain a supply from the Treasurer of the marine committee. JOURNAL OF THE COMMITTEE OF SAFETY. G87 Mr. Tuder therefore on behalf of the said superinten- dents, requested an advance or a loan of £600. Ordered, That the Treasurer of this State advance to Capt. Samuel Tudor as one of the superintendents, on his receipt, the sum of £600, and charge the same to Conti- nental account. The committee to whom was referred the certificates of the committee of Walkill on the 17th inst. reported that Henry Wisner, Junr. and Moses Phillips, had erected a powder mill in the county of Ulster, and had the same completed on the 20lh day of May last past, and agree- able to the resolves made the 16th day of March, 1776, are entitled to receive the sum of £100; as also the loan of £1000 for two years without interest, provided they com- ply agreeable to the resolves made for that purpose. On reading of which it was, Ordered, That the Treasurer of this State, pay to Hen- ry Wisner, Junr. Esq. the sum of £100, as a premium for budding a powder mill in Ulster county, pursuant to the resolutions of the Provincial Congress of New-York. Tuesday Afternoon, Octor. 22d, 1776. The Committee met. Present — Colo. Livingston, President. Colo. Brasher, Mr. Roosevelt — New-York. Col. Allison— Orange. Mr. Yaies, Colo. Livingston, Mr. Adgate— Albany. Mr. Smith— Suffolk. Mr. Mills — Westchester. Mr. Landon — Dutches. Mr. Contine, Mr. Wisner, Junr — Ulster. Mr. Webster, Mr. Duer— Charlotte. A resolution of the committee appointed for inquiring, &c. all conspiracies, &c. dated this day, requesting the ad- vance of £500 for the public service, [was received.] Thereupon, Ordered, That the Treasurer of this State, pay to the order of the committee appointed by the Convention of this State, for the purpose of inquiring into, detecting and de- feating all conspiracies formed in the said State against the liberties of America, the sum of £500, to be accounted for by the said committee to the Convention of this State. A letter from Genl. Miflin, Quarter-Master-General, dat- ed the 19th inst. at Mount Washington, directed to Mr. Duer, was read. Resolved, That Mr. Keene, assistant quarter-master- general, be authorized to impress and take possession of any out buildings in this neigbourhood for the purpose of secur- ing the Continental stores, he paying a reasonable price for the use of the same. Resolved, That letters be written to the committee of Ulster and Orange and Dutches counties, requesting them to send all the carpenters and masons that can be procured in their respective counties to Fishkill, and that they en- gage them on the lowest terms possible. A letter from Elisha Avery at Albany, and a recommen- dation from the committee of Albany, subjoined on the back, requesting the assistance of Convention to forward flour for the northern army, referred to Col. Brasher and Mr. Abm. Yates. A letter from Colo. Jona. Hasbrouck, enclosing a list of disaffected persons in his regiment of militia, was read. Ordered, That the letter and list be referred to the com- mittee appointed to inquire into, &c. all conspiracies, &c. A letter from Kerr, and others in Orange county rela- tive to Gale, Tredwell and Ludlam, and a request that they may not be sent off, was read and referred to the same committee. A letter from Jos. Thomas, Junr. chairman of the com- mittee of Westchester, accompanying all the prisoners from White Plains jail to this place, was referred to the committee of conspiracies. Ordered, That the Treasurer of this State advance to the committee of the county of Albany the sum of £600, and also advance to the committee of the county of Char- lotte the sum of £600, for the purpose of paying off the remaining half of the bounty, and one month's pay and sub- sistence of the companies of rangers raised in the said counties respectively, pursuant to the resolutions of the Convention of this State. The said committees to be ac- countable for the expenditure of the sums received by them respectively. Ordered, That commissions be made out and dated the 1st of August, for Jacob Deronde, capt.; Isaac Coe, 1st. lieut. ; John Coe, 2nd. lieut. ; Abm. Underdonk, capt. ; John Gardner, 1st. lieut. ; Roger Ashburn, 2nd. lieut.; in Colo. Isaac Nichol's regiment. WEDNESDAY MORNING, Octo. 23rd, 1776. The Committee met pursuant to adjournment. Present— Colo. Pierre Van Cortlandt, Vice-Prest. Mr. Roosevelt, Colo. Brasher— New- York. Mr. Landon, Mr. G. Livingston— Dutchess. Mr. A. Yates, Mr. Adgate— Albany. Mr. Mills, Colo. Van Cortlandt— Westchester. Mr. Smith— Suffolk. Mr. Newkirk — Tryon. Colo. Allison, Mr. Wisner— Orange. A letter from the Committee of Albany, dated Octor. was received and read, and is as follows, to wit : " Albany Committee Chamber, 21st Octor. 1776. " Gentlemen — In consequence of a request from his honor General Schuyler, desiring the aid of our mili- tia, we have in conjunction with Brigadier-General Ten Broeck, issued out orders for their immediate march to Fort Edward ; a part of the militia have already marched and the remainder are making preparations to follow them, but not with that alacrity which the present alarming situa- tion of our affairs in this quarter requires. " Every district in this county is crowded with disaffected persons ; the woods are full of them, and notwithstanding every effort that has been made by our militia, and the ran- gers to apprehend them, they still have eluded our search ; this county besides is full of slaves, who probably may already have been tampered with, and all our friends be- ing ordered off, may join with the disaffected in the abuse or destruction of our wives, our children and our effects. We have just received a letter from one of your body to his honor Genl. Schuyler, which mentions that the whole number of arms by the last return in the manor of Living- ston was no more than 100, since which time many have been drawn by the men drafted for the Highlands, &c. and that the number of disaffected there is at least three to one. " Our suspected enemies in this city are continually drawing off in a secret manner into the country, perhaps collecting together and awaiting the departure of our friends to fall upon the remainder of us. The disaffected persons in the county have proceeded to open acts of vio- lence ; they have plundered some of our soldiers of their arms on the road in open day, broken into the houses of the inhabitants in the night time, and robbed them of their arms, ammunition and blankets, and even rescued our pri- soners from the hands of those who were guarding them. " Whether the militia of Tryon county are also ordered off or not we do not know, but they now hold themselves in readiness for a march, and we have reason to fear from in- formation which we inclose that some attempt will be made to the westward, in which case we should have no frontier on that side, but remain entirely exposed to the undistin- guished cruelty of the torturing savage. " In this serious and alarming situation we feel for our distressed country, and would apply to your Honourable House for that aid, direction and assistance which your 688 JOURNAL OF THE CO MMITTEE OF SAFETY. wisdom and power may enable and induce you to render us. We would wish you to take into the most attentive consideration this state of facts, as every thing that is dear to us depends upon what you determine. " We would also request you to advise us whether it would not be necessary to have some of our vessels ready to sink in such parts of Hudson's river as may effectually stop the vessels of our enemy from proceeding up the ri- ver so as to endanger this city or the parts adjacent. " We shall despatch a guard to-morrow with about fifty prisoners now in custody here, to be left to your direction on their arrival at Fishkill Landing. We would also beg leave to inform you that we have not arms even sufficient to put in the hands of our friends, and no cannon. " We are, gentlemen, " Your mo. obt. servts. " By order. " JNO. BARCLAY, Chairman p. tern. " To the Convention of the State of New- York." A deposition of Isaac Peabody and Saml. Allen, taken before Jons. Younglove, chairman of the committee of Bennington, dated Octor. 14th, 1776, and a deposition of Isaac Peabody, taken before the same person, and of the same date, both enclosed in the letter from the committee of Albany, setting forth sundry facts relative to disaffected persons in that quarter, [were read.] Ordered, That the depositions and so much of the com- mittee's letter as relates to them, be referred to the com- mittee for inquiring into conspiracies. Whereas Alexander Stewart was, by order of the Con- vention of this State on the 27th July last, taken prisoner and ordered to be kept in close custody till their further order, he declaring himself a subject of the King of Great Britain : Resolved, That the committee appointed for inquiring into all conspiracies, &c. be authorized to dispose of the said Alexr. Stewart (as a prisoner of war) in such manner as to them shall appear most proper. Mr. Gansevoort came into Committee and informed, that the committee for inquiring into conspiracies have so much business on hand that they cannot possibly take into consideration the letter from the committee of Albany and the depositions therein enclosed. Whereupon, Resolved, That the letter from the committee of Al- bany, of the 21st inst. together with the depositions of Isaac Peabody and Saml. Allen, received and read this morning, as also the deposition of John Hains, of Rumt. precinct, taken before the committee appointed to inquire into all conspiracies, &c. be referred to the committee ap- pointed on the 19th inst. to repair to Albany in order to cooperate with Major-General Schuyler on devising and carrying into execution all such measures as they shall deem most effectual for repelling the invasion of the ene- my's army on the northern and western frontiers of this State ; who are hereby empowered and requested to take the same into immediate consideration, and pursue such measures and give such directions therein as to them shall seem meet and necessary. The memorial of Andrew Bostwick, an insolvent debtor, now confined in the jail of Orange county, was presented to the House, setting forth that he has been confined for near 18 months, notwithstanding all his efforts to accomplish a settlement with his creditors, and from the calamity of the times cut off from all hopes of obtaining his liberty ; that in his present confinement he has it not in his power to mend his circumstances, but that they must of necessity be daily growing worse, and praying for such speedy re- lief as the nature and necessity of the case requires. Resolved, That the sheriff of Orange county do release the said Andrew Bostwick from confinement on his giving to the said sheriff sufficient security, by bond or otherwise, to be forthcoming at the expiration of nine months from the time of taking such security. Ordered, That the sheriff of Orange county be furnish- ed with a copy of the aforegoing resolve. Mr. Gilbert Livingston came into Committee and in- formed, that he is called upon by sundry persons who have demands on the commissioners who were appointed to su- perintend the erecting of the fortifications in the Highlands, as also on the secret committee for obstructing the naviga- tion on Hudson's river, and requests money to enable him to discharge those demands. Therefore, Ordered, That the Treasurer of this State advance to Gilbert Livingston, Esqr. and Colo. Thomas Palmer the sum of £500, to enable them to pay sundry demands brought in against them as commissioners for superintend- ing the erecting the fortifications in the Highlands ; they to be accountable for the same. And, Ordered, That the Treasurer of this State advance to Gilbert Livingston, Esqr. one of the secret committee for obstructing the navigation of Hudson's river the sum of £1,000, and take his receipt to account for the expenditure thereof. A draft of a letter to Elisha Avery, in answer to his re- ceived yesterday, was read and approved, and is in the words following, to wit : " In Committee of Safety, } for the State of New-York, > " Fishkill, Octr. 23rd, 1776. ) " Sir — We have received yours without date, and an endorsement of the committee of Albany, dated the 20th inst. respecting flour. " We beg leave to inform you that an application hath been made to us from the southern army, for all the flour we can procure in this quarter. We shall write to the committee of Albany to assist you in that county. Mr. Schenk who is employed to purchase flour, informs us that he hath sent up to Albany upwards of 500 barrels, which we hope you have received. That quantity, with what your agents may have procured, will, we trust, be some re- lief for the present ; in the mean time, in proportion to Mr. Schenk's success, we shall attend to the demands of the two departments, and remain, sir, " Your most hble. servants, '* By order of the Committee. " Elisha Avery, D. Q. Genl. Albany." A draft of a letter to the committee of Albany, was also read and approved of, and is in the words following, to wit : " In Committee of Safety, ) for the State of N. York, > " Fishkill, Octr. 23rd, 1776. S " Gentlemen — We have received a letter from Elisha Avery, deputy quarter-master-general, respecting flour. Wc beg leave to inform you that an application hath been made to us for all we can procure for the southern depart- ment ; we therefore request that you will give all the assistance in your power to Mr. Avery, to enable him to procure a supply. We have employed proper persons to purchase all they can, and we must govern ourselves by their success. The consumption of flour is great ; the difficulty in procuring it arises from a want of water, which prevents grinding. Mr. Schenk has sent up 500 and odd barrels, which we hope Mr. Avery has received, which with the quantity he may have procured, will be a relief for the present. "Your letter of the 21st, enclosing the depositions of Peabody and Allen, is this moment delivered to us. This Committee have referred them to the committee of this House, which now sit at Albany, who are empowered to take such steps in it, as they may think necessary. " Yours, &c. " To the Committee at Albany." Wednesday, P. M. Octr. 23rd, 1776. The Committee met. Present — Pierre Van Cortlandt, Esqr. President. Col. Brasher — AVu>-3'o?fc. JOURNAL OF THE COMMITTEE OF SAFETY. 689 Mr. Landon — Dutches. Mr. Abra. Yates, Mr. Adgatc — Albany. Col. Allison — Orange. Mr. Smith— Suffolk. Mr. Mills, Col. Van Cortlandt— Westchester. Mr. Newkirk— Tryon- The petition of Henry Dawkins, a prisoner, was read, and ordered to lie on the table. The petitions of William Watkins, Saml. Wilson, John Levericke, and John Reed, prisoners and disaffected per- sons, were severally read. Ordered to be referred to the committee of conspiracies. A letter from John Coe, deputy chairman of the com- mittee on the south side the mountains in Orange county, enclosing a deposition of Peter Smith, against Jno. Larie, and the examination of John Larie, was read, and referred to the committee of conspiracies. THURSDAY MORNING, 24th Octr. 1776. The Committee of Safety met. Present — Colo. Pierre Van Cortlandt, Vice-President. Mr. Yates, Mr. Adgate— Albany. Colo. Brasher — New-York. Col. Allison — Orange. Mr. Landon — Dutchess. Mr. Newkirk— -Tryon. Mr. Mills, Pierre Van Cortlandt, Esqr. — Westchester. The Dutch church being necessarily occupied by a large guard, and a number of prisoners, and the other church being at present occupied as a Continental store house, the committee for want of a convenient place for their recep- tion, and no pressing business appearing, adjourned until six o'clock this evening. P. M. Octor. 24th, 1776. The Committee of Safety met in a chamber at Weeks's tavern. Present — Colo. Van Cortlandt, Vice-President. Abm. Yates, Wm. Smith, Abm. Brasher, Jonn. Langdon, Henry Schenk, Mat. Adgate, Z. Piatt, Jedediah Mills, Wm. Duer, Mr. New- kirk, Esquires. Resolved, That Henry Schenk, Esqr. be authorized and directed to purchase 8,000 bushels of wheat for the use of the Continental army, on the most reasonable terms possible, not exceeding 6s. 6d. per bushel ; and that he return the names of every person or persons who may re- fuse to part with their wheat at that price to this Commit- tee, or the Convention of this State. Resolved, That Henry Schenk, Esqr. be directed to use the utmost expedition in sending down the above wheat to the mills of Col. Van Cortlandt at Peekskill, and at Croten river. Resolved, That Colo. Van Cortlandt be directed to keep both his mills constantly at work, night and day, in mak- ing flour for the Continental army. Whereas most of the coopers belonging to this State are at present engaged as soldiers in the service, in con- sequence of which it is impracticable to find sufficient casks for supplying flour to the southern and northern ar- mies without aid obtained from the army : Resolved, That His Excellency Genl. Washington, be requested to send three coopers to Colo. Van Cortlandt's mills at Croten river and Peekskill, and seventeen to this place, in order that they may be employed under the di- rection of this Committee in making flour casks with the utmost expedition. And whereas it is of the utmost consequence to the public cause, that there should be no delay in manufactur- ing flour for the use of the army under General Washing- ton : Resolved, That all the millers, packers, coopers, team- 173 sters, boatmen and other labourers employed by Col. Van Cortlandt in transporting the above mentioned wheat to his mills and in manufacturing the same, be exempted from mili- tary duty of any kind whatsoever, and that his teams be not subject to be impressed till further order from this Committee or the Convention of this State. Mr. Schenk informed the Committee that he could im- mediately purchase 100 bags for the purpose of trans- porting wheat to the mills employed to grind flour for the troops. Resolved, That Henry Schenk, Esqr. be directed to purchase said bags, and that he cause each of them to be marked C. A. Resolved, That Genl. James Clinton at Fort Montgo- mery, be requested to grant a furlough to Silvanus Scow- field in Capt. Darley's company, for the purpose of as- sisting in making flour casks for the Continental army ; and that he be requested to send up to this place as many other coopers as he can possibly spare from his garrison, it being of the utmost consequence that a quantity of flour should be immediately sent down to the army under the command of Genl. Washington. Ordered, That Genl. James Clinton be furnished with a copy of this resolution. Resolved, That the Quarter-Master-General or his agent at Fishkill, be requested to supply Henry Schenk, Esqr. with as many 6d. nails as he can possibly spare, there being no nails of that kind to be purchased in this State. Mr. Schenk informed the Committee that there are six poor women with their children from the city of New- York, for whom he can procure no lodgings at or near this place, and desires that they might be sent to the com- mittee of New-Windsor to be provided for. Resolved, That Mr. Schenk be authorized and directed to send the above persons to the committee aforesaid to be disposed of and maintained by the said committee in the same manner with the other persons sent to that place. Ordered, That a copy of these resolutions be sent by express to His Excellency Genl. Washington. FRIDAY MORNING. 25th Octr. 1776. The Committee met. Present — Colo. Pierre Van Cortlandt, Vicc-Prest. Colo. Brasher — New-York. Col. Allison — Orange. Mr. Yates, Mr. Adgate — Albany. Mr. Newkirk — Tryon. Mr. Wm. Smith. Mr. Miller— Suffolk. Mr. Landon — Dutches. Mr. Mills, Major Lockwood — Westchester. On motion, Resolved, That Ebenr. Hazard, Esqr. postmaster, be requested to forward to the Convention or Committee of Safety of this State, as often as he may be able to pro- cure the same, all the public newspapers of the States of Pennsylvania, New-Jersey, (printed by Mr. Gaine,) Con- necticut, (printed at New-Haven, say New London,) and Massachusetts, (printed at Boston ;) and that Mr. Hazard be requested to procure for the use of the Convention, or Committee of Safety of this State, all those papers here- tofore printed or which may hereafter be printed, and which contain the plans or forms of government publish- ed in the different States of America ; and that the Con- vention or Committee of Safety of this State will provide for the payment of the same. Ordered, That the President transmit a copy hereof to Mr. Hazard by the first opportunity. Ordered, That commissions issue to Colo. Snyder's offi- cers agreeable to his return received and read this day, and 690 JOURNAL OF THE COMMITTEE OF SAFETY. dated at Fort Montgomery ; that they be signed by Mr. Yates, the late President, and that the date be left blank to be filled up by Colo. Snyder ; that Colo. Allison draft a letter to Colo. Snyder informing him that be first Captain. A letter from Stephen Ward, Esqr. relative to the con- struction of the resolution respecting hides, was read. Friday Afternoon, Octr. 25th, 1776. The Committee of Safety met. Present— Colo. Van Cortlandt, President. Mr. Yates, Mr. Adgate— Albany. Mr. Smith, Mr. Miller— Suffolk. Colo. Allison — Orange. Mr. Newkirk — Try on Major Lockwood — Westchester. Mr. James Weeks, an inhabitant of this place, informed the Committee that a certain Philip Dalley had beat and abused his workman in his blacksmith's shop, and had threatened and maltreated him. Mr. Weeks withdrew, upon which the said Philip Dally rushed into the Com- mittee Chamber without permission, in an insolent man- ner, and informed the Committee that he had inquired at the smith's shop whether his horses were shod, and that the workman laughed at him, upon which he had given him some strokes with his whip. Dally attempted to justify his conduct and declared he would do the like again. It fully appears to this Committee that even if the be- haviour of the blacksmith had been such as the said Dally states it to have been, nevertheless the said Dally is very culpable in using the violence and outrage which he con- fesses he did. Ordered, That as the public service may require it, Mr. Weeks cause the said horses to be shod without delay. Resolved, That as the immediate assistance of every individual in this Slate is required and such usage from officers or others employed by the military must inevitably tend to obstruct the public service, that the said Philip Dally be called in and informed that this Committee highly disapprove of and blame his conduct, but that they have notwithstanding directed Mr. Weeks to cause his horses to be shod without delay. The said Philip Dally was further informed that the ap- prehension of the public service being delayed alone pre- vents them ordering him into confinement for his ill con- duct and insolence. Resolved, That Genl. Miflin be informed of this man's behaviour, and that he be requested to take such measures as may deter others from the like conduct in future. Ordered, That a commission issue for Thomas Moffatt, Esqr. as major of Col. Isaac Nicoll's regiment. Ordered, That commissions issue for Samuel Drake's officers ; that they be dated 29th June and signed by Abra- ham Yates, late President. A draft of a letter to Colo. Snyder, reported by Col. Al- lison, was read and approved, and is in the words follow- ing, vizt : " Sir — The commissions for your regiment, agreeable to your request, are enclosed. I am directed to inform you that when the resolutions for raising your present corps passed the Convention, it was agreed that the captain from Orange county should be first captain of that corps, as each of the other counties had a field officer nominated out of their officers ; to this end the dates of the commis- sions, except Capt. Storms, are left blank ; and, with the above direction, it is submitted to you to fill up the dates before you deliver them, so as to give rank or merit its weight and reward. Capt. Storms' commission is dated because he received one of the like date on his way to the I fortifications." 1 SATURDAY MORNING. Octor. 26th, 1776. The Committee of Safety met. Present — Colo. Van Cortlandt, Vice-President. Mr. Yates, Mr. Adgate— Albany. Mr. W. Smith, Mr. Miller— Suffolk. Major Lockwood, Mr. Mills — Westchester. Major Landon — Dutchess. Col. Allison — Orange. Mr. Newkirk — Tyron. A letter from Robert Harper, Col. Dewitt and Lewis Graham, the committee appointed to form an arrangement of the troops raised and to be raised in this State, dated at the White Plains, 24th inst. informing the Committee of the progress they had made in the business of their ap- pointment, and requesting a supply of clothing might be sent to the troops of this State, was read. A letter from Peter T. Curtenius, dated Paramus, 24th inst. enclosing a resolution of the Convention of this State, of 29th August, authorizing him to borrow on the credit of this State £10,000. Another letter from Mr. Curtenius, of the same date, in- forming that his box, with all his accounts of the public, are at Mr. Paulding's, at or near Tarry Town, and re- quests that they may be sent for to prevent their falling in- to the enemy's hands. Resolved, That Dr. Van Wyche be requested to en- gage quarters for the detachment of horse under the com- mand of Major Sheldon, amongst such of the inhabitants as are willing and best enabled to receive and subsist them in the most expeditious manner possible, the command- ing officer paying for the same at a reasonable rate ; and in case he should not be able to procure sufficient quarters in seasonable time, that he be then empowered to billet them amongst such inhabitants who are best qualified to receive them, in the most equitable proportions, and in such apart- ments of the houses as can best be spared. Dr. Malachi Treat attending, produced an account of £88 10s. Od. for his attendance, and for medicine given to the soldiers of the first battalion of New-York troops, and to several companies under the command of Genl. Lee, (they not having a surgeon, or mate, to attend them,) pur- suant to an order of the Provincial Congress of New-York, beginning about the middle of Feb. 1776, and ending about the middle of April following ; as also an account of £18 17s. 6d. for his attendance and medicine given to the sol- diers of Col. Lasher's and Col. Drake's regiments, in Genl. Scott's brigade. Total £107 7s. 6d. Difficulties arose in the minds of the members re- specting the said accounts, whereupon the doctor made the following deposition at the foot of the said account, vizt : "Dr. M. Treat being duly sworn, deposeth and saith, that the above account of £107 7s. 6d. is, to the best of his knowledge and belief, just and true ; that with respect to the particulars of the account of £88 10s. Od. an account thereof was delivered to the committee appointed by the Provincial Congress of New- York, for auditing accounts, who directed the same to be delivered to the Quarter-Mas- tev-General of the Continental army for payment; the Quarter-Master-General referred it to the Director-Gene- ral of the hospital ; that he, the said Dr. Treat, hath applied to those gentlemen for payment, or to have his original ac- count returned to him, neither of which he hath been able to procure. That as to the charge of £18 17s. 6d. he has it not in his power to make out an account of the particulars thereof, neither is it in his power to make out an account of the particulars of the account of £88 10s. Od. as his ac- JOURNAL OF THE COMMITTEE OF SAFETY. 691 counts which were deposited in his chest at Harlem have been destroyed by the troops. "MALACHI TREAT. " Sworn before me, this ) 26th Octor. 1776. S " Pierre Van Cortlandt, V. Prest." Ordered, That the Treasurer of this State pay to Dr. M. Treat the sum of £107 7s. 6d. in full for the above mentioned accounts, taking his receipt for the same, and that the Treasurer charge the same to Continental account. Saturday Night, October 26th, 1776. The Committee met, and no business transacted. Present— Col. Van Cortlandt, Mr. Yates, Mr. Miller, Mr. Adgate, Mr. Wisner, Mr. Allison, Mr. Mills, Mr. Lockwood, Mr. Newkerk, Mr. Landon, Mr. Smith. MONDAY MORNING, Octor. 28th, 1776. The Committee met. Present— Colo. Van Cortlandt, Vice-Prest. Mr. Roosevelt, Mr. Harper— New-York. Mr. Yates, Mr. Adgate — ilbany. Col. Be Witt— Ulster. Mr. Smith, Mr. Miller— Suffolk. Mr. Landon— Dutches. Mr. Mills, Judge Graham, Major Lockwood, Col. Van Cortlandt — Westchester. One member wanting, the Committee adjourned till this afternoon. Monday Afternoon, Octr. 28tk. 1776. The Committee met pursuant to adjournment. Present — Colo. Van Cortlandt, Vice-Prest. Mr. Harper, Mr. Roosevelt— New-York. Mr. Yates, Mr. Adgate — ilbany. Mr. Smith, Mr. Miller— Suffolk. Col. De "Witt— Ulster. Mr. Landon, Mr. Schenk, Mr. Sackett— Dutches. Mr. Mills, Judge Graham, Mr. Lockwood, Col. Van Cortlandt — Westchester. Major Lockwood's report, relative to the removal of the prisoners of war from Salem and Poundridge, being read, is in the words following, vizt: " Major Lockwood reports that pursuant to the resolu- tions of this Committee, on the 8th inst. directing him to proceed to Poundridge and Bedford, in Westchester coun- ty, and give directions relative to the prisoners of war at those places, he proceeded to Bedford aforesaid, and found it necessary to remove such prisoners of war as yet remain- ed there ; that Samuel Cox, master of the sloop Charlotte, transport, Joseph Woolcomb, chief mate of the sloop Blue Mountain Valley, Thomas Rimmington Harris, mate of the Savage sloop, Richard Bruere, midshipman, and William Elder, volunteer, had severally escaped and fled from thence in violation of their parols, and could not be heard of, though endeavours had been used by the com- mittee to apprehend them ; that John Simpson, late mas- ter or captain of the Saville transport, victualler James Auchmuty, storekeeper in the engineer's department, to- gether with his wife and family, and William McDermot, were yet remaining there ; that he had, with the consent and approbation of the three prisoners last mentioned changed their respective parols, and taken of each of them a new parol, to repair to Danbury, in the State of Con- necticut, and there, or within six miles thereof, to continue during the present war ; and that he had sent them to the care of the committee at Danbury, under the guard of Jesse Slason, where they were received by the committee, as appears by a draft of a letter from Mr. Lockwood to that committee, and their answer, signed by Thomas Stevens, chairman. ". Major Lockwood farther reports, that he proceeded to Poundridge, where nine men and one child, privates, were prisoners ; that one of them, named John Gibbons, was lame, and in a place which appeared a place of safety from the enemy, and is therefore left to remain there for the pre- sent ; that the other eight men and child, prisoners, taken on board of or from different vessels, viz : James Wilson, John Murray, Saml. Coppin, Jeremiah Reerdor, Henry Killgrove, Michael Cowney, Cesar Freeman, William Pat- terson and his child, were sent under guard to Woodbury, in the State of Connecticut, in charge of Lieut. Samuel Bouton and five privates of the militia. " That he Major Lockwood, in the course of this busi- ness, advanced the following sums of money, vizt : To James Auchmuty, on account of subsistence of two dol- lars per week allowed him, 8 dollars ; to William McDer- mot, on the like account, 3 dollars ; to John Simpson, do. 3 dollars ; to Jos. Owens, for an ox cart and team of 4 cat- tle, to transport Auchmuty's effects, l\ dollars ; to the ex- penses and allowances to Capt. Seely and Jesse Slawson, as a guard to said prisoners, the first, with one man with him, from Bedford to Poundridge, and the other with two horses to remove Auchmuty's wife and child from Pound- ridge to Danbury, in the whole 1^ dollars ; to Lieutenant Samuel Bouton, for expenses disbursed in maintaining eight men and a child, provisions, himself and a guard of 5 arm- ed men, from Poundridge to Woodbury, in the State of Connecticut, 14| dollars, and for pay to the said Samuel Bouton and his said guard, including horses to assist them- selves and some of the prisoners, one of the prisoners be- ing an old man and some of them indisposed, from Pound- ridge to Woodbury aforesaid, for 4 \ days only, 7 J dollars ; and that Major Lockwood paid for his own disbursements 1 dollar; amounting in the whole to 48^ dollars, or £19 5s. Ad. New-York money. " Major Lockwood farther reports, that he was informed by the committee of Bedford that the prisoners who escap- ed from thence had left sundry effects at the places where they were respectively lodged, which effects he has direct- ed to be inventoried by the said committee, and that the inventory be returned to the Convention of this State. "That on the 13th Sept. last, Francis Clemmens, a pri- soner, deserted from Poundridge, and on the 24th Sepr. Wm. Metcalf, another prisoner, who was absent, or about to make his escape, was, by order of the committee there, sent to Westchester jail. " EBENR. LOCKWOOD." Mr. Harper, of the committee appointed to repair to the camp at or near King's Bridge, relative to the new arrange- ment, delivered in an account of the expenses of the said committee in the course of their journey. Ordered, That the Treasurer of this State pay to Ro- bert Harper, Esqr. the sum of 41 dollars, to reimburse the committee who were appointed to repair to the camp at or near King's Bridge, for the purpose mentioned in the reso- lutions of Congress relative to appointing officers, and the further sum of two dollars to reimburse Mr. Harper for so much by him paid for the use of a craft to convey him from the town of Harlem to Flushing on Nassau island, to at- tend to the disposal of some of the indigent inhabitants of the city of New-York. Ordered, That the Secretaries of the Convention of this State, as commissaries of the prisoners of war in this State, pay to Major Lockwood the sum of 48 dollars and } part of a dollar, amounting to £19 5s. Ad. for his disbursements on account of the prisoners of war late in Westchester county in this State, taking Major Lockwood's receipt for the same. Ordered, That the Treasurer of this State pay to Major Lockwood the sum of 21s. Ad. to reimburse him his ex- penses in going to Stanford in Connecticut, on public busi- 692 JOURNAL OF THE COMMITTEE OF SAFETY. ness, by order of Convention of this State, and take his receipt for the same. Mr. Henry Schenk, who was appointed by the Conven- tion of this State an agent to assist the Commissary-Gene- ral of the Continental army now in Westchester county, in procuring and sending down flour for the use of the said army, requested of this Committee, on behalf of the said Commissary-General, the loan of £2,800, to be repaid by the said Commissary- General, or the said Henry Schenk, as soon as possible. Ordered, That the Treasurer of this State advance to Major Henry Schenk, who was appointed by the Convention of this State an agent to assist the Commissary-General of the Continental army now in Westchester county, in pro- curing and sending down flour for the use of the said army, the sum of £2,800, to be repaid by the said Commissary- General, or the said Henry Schenk, as soon as possible. A letter from Lynde Lord, jailer of Litchfield, relative to Isaac and Israel Youngs, dated the 26th October, and a petition of Isaac and Israel Youngs, dated 25th Oct. were referred to Judge Graham and Colo. De Witt. General Miflin sent back the resolutions relative to Dal- ly, who maltreated Weeks's man, with a note on the back, informing the Committee that Dally shall be sent down to give such satisfaction as the Committee may require. TUESDAY MORNING, Octr. 29th, 1776. The Committee of Safety met. Present — Colo. Van Cortlandt, Vice-President. Mr. Harper, Col. Brasher — New-York. Major Lockwood, Col. Van Cortlandt, Judge Graham, Mr. Mills — Westchester. Mr. A. Yates, Mr. Adgate — Albany. Mr. Newkirk — Tryon. Mr. W. Smith, Mr. Miller— Suffolk. Mr. Little, Mr. Wisner — Orange. Mr. Landon — Dutches. A letter from Tench Tilghman, Esqr. dated at Head- Quarters, White Plains, Octor. 27th, 1776, containing the daily intelligence and disposition of the army, of the taking a party of Rogers' Rangers, some British and Waldecker troops, and enclosing the examination of James Budd, the principal among those disaffected, taken in Westchester county by the army. Tuesday Afternoon, Octr. 29th, 1776. The Committee met. Present — Col. Van Cortlandt, Prest. Mr. A. Yates, Mr. Adgate— Albany. Mr. Little, Mr. Wisner — Orange. Mr. Wisner — Ulster. Mr. Landon —Dutches. Mr. Smith, Mr. Miller— Suffolk. Mr. Newkirk — Tryon. Mr. Mills, Mr. Lockwood, Col. Van Cortlandt, Judge Graham— Westchester. John Canfield, Esqr. adjutant to a regiment of light horse from the State of Connecticut, produced to the Com- mittee of Safety different bills of charges, delivered in by different persons, for the board of part of the said regiment, bv which it appears that they are charged at very different rates, and on behalf of Major Sheldon, requested this Com- mittee would fix some regulation, by which the said ac- counts may be discharged, that he may do equal justice. Thereupon the Committee fixed the following regulation of prices for the payment of those accounts, vizt : Is. 6d. per day for each man, for boarding, lodging, diet, &c. ; 9d. for each horse per day, and 3s. per bushel for oats. A letter from James Duane, Robert Yates and Jacob Cuyler, Esqrs. the committee appointed to go to Albany to make an arrangement of officers, dated 24th Octor. stating that they have appointed recruiting officers at pro- per stations, and given them their instructions ; and, to avoid delay, had borrowed £1,200, to furnish the recruit- ing officers with the means of proceeding immediately on this service, was read. A letter from Robert Yates, Esqr. chairman of the com- mittee of the Convention now at Albany, dated October27th, enclosing copies of letters from General Gates and General Arnold, both dated at Ticonderoga, October 24th, and di- rected to Genl. Schuyler, was read and filed. A letter from Messrs. Tuder and Lawrence, at Pough- keepsie, dated Octor. 24th, informing when the ships will be launched. A letter from Colo. Peter R. Livingston, the President, dated at Esopus, Octor. 26th, mentioning his success in procuring flour to the northward, was also read. A letter from Peter T. Curtenius, dated at Philadelphia, October 20th, 1776, relative to his conduct, and the quan- tities of the different articles purchased for the use of the troops, and requesting that money may be sent to him at Paramus, was read. A letter from Joseph Hallet, dated at Prince Town, Oc- tober 22d, 1776, relative to his proceedings with respect to the prizes taken by Capt. Rogers. Ordered, That Major Lockwood be requested to pro- ceed immediately to Westchester county, and make inqui- ry where the records of the town clerk's office of the city and county of New-York, as also the public records of the loan officers and supervisors of the county of Westchester, are deposited, and that he use his best endeavours to cause them to be safely conveyed to such place of safety as he shall judge prudent, and that this Committee will make provision for paying the expense attending the same. Ordered, That the Treasurer of this State send to James Duane, Robert Yates and Jacob Cuyler, Esqrs. at Albany, who were appointed a committee to repair to Albany and Ticonderoga, to take measures for carrying into execution the resolutions of Congress, relative to the raising of troops and the appointing of officers in the Continental service, by John Visscher, who is employed as an express by the said committee, the sum of one thousand two hundred pounds, and take his receipt to deliver the same to those gentle- men, or either of them. A draft of a letter to Robert Yates, Esqr. chairman of the committee of the Convention, now at Albany, in answer to theirs received and read this morning, was read and ap- proved of, and is in the words following, to wit, vizt : "Fishkill, Octor. 29th, 1776. " Sir — The Committee of Safety have received the let- ter of your committee by express, enclosing minutes of the committee of the county of Albany, relative to the depart- ment of the deputy commissary -general. The exertions which they have made to procure the necessary supply for the northern army, are highly laudable and deserve the warmest approbation of the Committee of Safety. " We have been loudly called upon by His Excellency Genl. Washington to forward a supply of flour for the use of the army at the White Plains. We have devised all the means we can think of to prevent the army from suffering for the want of that article, copy of which you will see by our resolutions, which we now transmit you. We are of opinion that if a similar mode was adopted to the north- ward, it would be productive of good effects. We are in- formed that there are several mills between Albany and Lake George which might be kept constantly employed in manufacturing flour for the northern army, if the Commis- sary-General would engage persons to purchase up grain and to have it transported to the mills most contiguous. It would, however, be needless in us to enter into a particu- lar detail on this subject. Your committee, from being on the spot, are the best judges of what further measures will be necessary for supplying that army, and are invested with full powers for carrying into execution all such mea- sures as you shall think effectual for repelling the invasions JOURNAL OF THE COMMITTEE OF SAFETY. 693 of the enemy on the northern and western frontiers. Whilst we therefore in this quarter exert ourselves in devising and executing whatever shall appear to us most conducive to the public safety, we trust that your attention and zeal will not be wanting in giving vigor to our military opera- tions to the northward ; and in quelling by such means as you shall deem most prudent, the insurrections of the dis- affected in that part. " We highly approve of your having detained those de- tachments of the militia which you mention for that pur- pose, but it is not in our power to order up the detachment under the command of Colo. Van Rensselaer, as we have now in custody near two hundred and twenty dangerous and disaffected persons, whom we propose removing to Ex- eter in the State of New-Hampshire. A detachment of seventy-six persons of this stamp was sent off a few days ago, and from the information we have received from the committee appointed by the Convention of this State for inquiring into and detecting all conspiracies which may be formed in this State against the liberties of America, we have reason to think that there will be a necessity of ap- prehending and removing several other persons ; you must therefore be sensible that no dependence can be put on this quarter. Should you find it necessary to employ a further force for the purpose of seizing and securing the disaffect- ed, we recommend it to you to endeavor to raise as many men in the Massachusetts Bay government as you shall think necessary. " We transmit you a copy of the last intelligence we have received from head-quarters. We flatter ourselves that our accounts from the northward will be equally favou- rable. " We are, gentlemen, " With great respect, yours, &c. " Robert Yates, Esqr. Chairman of the Com- mittee appointed to repair to Albany to con- fer with Genl. Schuyler on devising and car- rying into execution the measures necessary for repelling the invasion of the enemy's army on the northern and western frontiers of this State." Resolutions authorizing Henry Schenk to purchase wheat and to exempt coopers for two months from military duty, was read and agreed to. A draft of a letter to James Duane, Robert Yates and Jacob Cuyler, Esqrs. committee of arrangement, now at Albany, in answer to theirs received this morning, was read and approved of, and is in the words following, to wit : * [ In Committee of Safety, &c. ? " 29th October, 1776. $ " Gentlemen — We have yours of the 24th inst. before us and approve of the method you have pursued in ap- pointing recruiting officers, and now send you by the ex- press the £1,200 you have borrowed for that purpose. We would beg leave to recommend to you the calling in the members of the committee appointed to confer with Genl. Schuyler so as to make a quorum ; without that you mav return with all convenient speed to Fishkill to join Colo. De Witt, Judge Graham and Mr. Harper (who are already arrived) to finish the arrangement. We would not, however, by any means advise you to leave Albany in this critical situation of affairs unless there be a quorum of that committee without you ; and if you cannot all leave that committee, we advise that so many of you do come to Fishkill as can be spared from those, leaving a quorum of that committee sufficient for the business. " We are, &c. " Messrs. Duane, Yates and Cutler, Albany." WEDNESDAY MORNING, 30th Odor. 1776. The Committee met. Present— Colo. Van Cortlandt, Vice-President. Mr. Roosevelt, Mr. Harper, Colo. Brasher— New-York. 174 Mr. Yates, Mr- Adgate — tilbany. Major Parks — Ulster- Mi. Smith, Mr. Miller— Suffolk. Mr. Landon — Dutches. Mr. Mills, Colo. Van Cortlandt, Judge Graham— Westchester. Mr. Newkirk — Tryon. There being no business of an urgent nature, the Com- mittee adjourned till this afternoon. Wednesday Afternoon, Octr. 30th, 1776. The Committee met. Present — Colo. Van Cortlandt, Vice-President. Mr. Roosevelt — New-York. Mr. Mills, Colo. Van Cortlandt, Judge Graham— Westchester. Mr. A. Yates, Mr. Adgate — Albany. Mr. Newkirk — Tryon. Mr. Smith, Mr. Miller— Suffolk. Mr. Contine, Major Parks — Ulster. Major Landon — Dutches. On motion of Mr. Adgate, seconded by Mr. Yates, Resolved, That the further sum of £980 be transmitted to the committee of Albany for the pay, bounty and sub- sistence of the rangers ; that the Treasurer of this State pay that sum to Abraham Yates, Junr. Esqr. to be deli- vered to the said committee for the purposes aforesaid ; and that the said committee regulate themselves in paying the said money agreeable to the resolutions of the Con- vention of the Representatives of this State on the 23rd day of July last, for raising, mustering and paying the said rangers, and the resolves and instructions of this Commit- tee of the 21st inst. for the same purpose ; and the said committee are directed to be particularly careful that every muster roll of each company of rangers be returned on oath, by each commissioned officer of each company mak- ing return, before it is transmitted to the Convention ; and that they do not advance the last moiety of the bounty, or any pay or subsistence for any rangers but such as are armed and accoutred agreeable to the said resolutions. Sergeant Sickles, attending with twenty coopers, in- formed that he had no means of subsistence for the said coopers. Ordered, That Robert Benson, Esqr. one of the Secre- taries, advance 5^ dollars to Sergeant Sickles, on his re- ceipt, for the subsistence of the said coopers, taking a re- ceipt for the same in the name of Henry Schenk, Esqr. The Committee took into consideration the letter from Peter T. Curtenius, dated the 20th and received on the 29th inst. stating the sums he has advanced for clothing and the sums he is indebted, and requesting an advance of £15,000. After some time spent therein, the further consideration thereof was postponed till to-morrow. A letter from Mr. McNeal, stating that John Kane re- fuses to receive Congress money in payment of his mort- gage, [was received and read.] Ordered to lie on the table. On motion of Mr. Adgate, Ordered, That Mr. Abraham Yates and Mr. Wisner be a committee to devise and report ways and means for ob- taining intelligence from Albany, and keeping up a regular communication between Fishkill and Albany. Major Strang from White Plains, on request, attended and informed this Committee of the intelligence from the army and their present situation. THURSDAY MORNING, 31st Octor. 1776. The Committee met pursuant to adjournment. Present — Colo. Van Cortlandt, Vice-President. Mr. Brasher, Mr. Harper, Mr. Roosevelt— New-York. Mr. Yates, Mr. Adgate— Albany. 694 JOURNAL OF THE COMMITTEE OF SAFETY. Mr. W. Smith, Mr. Miller— Suffolk. Mr. Wisner, Mr. Little — Orange. Mr. Contine, Mr. Parks — Ulster. Mr. Mills — Westchester. Mr. Newkerk — Tryon. On motion, Ordered, That Mr. Robert Harper be added to the committee appointed on the 17th inst. to inventory all the goods belonging to the State fit for soldiers' use, and pro- cure the same to be made up for soldiers' use, that the committee may prosecute that necessary business. On motion of Mr. Mills, Ordered, That Mr. Abm Yates and Mr. Landon be a committee to inquire whether the rangers under the com- mand of Capt. Commandant M. Smith will continue in the service during the war, and to report a proper arrange- ment for that purpose. Ordered, That Major Parks be added to the committee appointed yesterday to devise ways and means for obtain- ing intelligence from Albany, and keeping up a regular communication between Fishkill and Albany. And Ordered, That the powers of that committee be in- creased, and that they devise ways and means for the con- veying intelligence to other parts of the Stale, by publish- ing handbills, newspapers or otherwise. The Committee resumed the consideration of the letter of Peter T. Curtenius, of the 20th inst. which was re- ceived on the 29th, and read yesterday. Ordered, That the sum of £15,000 be immediately re- mitted to Peter T. Curtenius for the purposes of paying for the clothing, &c. that he has purchased for the use of the troops raised or to be raised in this State. That the Treasurer of this State deliver that sum to Robert Benson, one of the Secretaries, to be conveyed to Mr. Curtenius, who is directed to return a receipt to the Treasurer for the same. And Resolved, That Colo. Curtenius be directed to have the goods by him purchased at Philadelphia and in New Jer- sey, transported to Perhamus or such other place of safe- ty in his neighbourhood as he may think a proper place of safety, and have the same there stored until the further or- der of the Convention or Committee of Safety of this State. A letter from Egbert Dumond, Esqr. dated 25th Sep- tember, containing his reasons for not complying with the order of the Convention of this State of the 12th Septem- ber last, directing him to account with the Treasurer for moneys advanced him, was received and read. There- upon, Resolved, That it is the opinion of this Committee that the reasons contained in the said letter are unsatisfactory and insufficient. Therefore, Ordered peremptorily, That the said Egbert Dumond do immediately comply with the said order. And Ordered, That the Secretaries transmit a copy of this aforegoing resolve and order to Mr. Dumond, without de- lay. Thursday, P. M. Octr. 31 st, 1776, The Committee met pursuant to adjournment. Present — Pierre Van CortlanJt, Prest. Mr. Adgate — Albany. Mr. W. Smith, Mr. Miller— Suffolk. Mr. Cantine, Mr. Parks— Ulster. Mr- Piatt— Dutches. Mr. Little — Orange. Resolved, That Commissary Wykoff supply 21 men with provisions, being the coopers sent here by Genl. Jas. Clinton, until they are otherwise provided for by Mr. Hen- ry Schenk. After the daily rider came in, present Mr. Duer, Mr. Newkirk and Colo. De Witt. Uriah Mitchell, one of the daily riders from this place to the Head-Quarters, applied to this Committee for cash on account of his wages. Ordered, That the Treasurer of the Convention of this State advance to the said Uriah Mitchell, $100 on account of his wages, taking his receipt for the same. FRIDAY MORNING, Novr. 1st, 1776. The Committee met pursuant to adjournment. Present — Colo. Van Cortlandt, President. Mr. Roosevelt — New-York. Mr. Little — Orange. Mr. A. Yates, Mr. Adgate— Albany. Mr. Newkirk — Tryon. Mr. W. Smith, Mr. Miller— Suffolk. Mr. Bnei— Charlotte. Mr. Contine, Mr. Parks— Ulster. Mr. Landon — Dutches. Mr. Mills, Col. Van Cortlandt— Westchester. One of the officers of the present eastern troops, who lodges at Doctor Graham's, on yesterday evening applied to the Committee of Safety and desired that he might re- main in one room in the Academy as they board with him, and it may be a convenience to the officers. Ordered, That Doctor Graham be at liberty to remain in the room in the Academy until the further order of the Convention or the Committee of Safety of this State. The Committee approved of the order for paying $100 to Mitchel, the rider, made yesterday, and his receipt for the same. A letter from R. R. Livingston, Esqr. one of the com- mittee sent to the northward, dated at Albany, 23rd Octr. 1776, [was read.] A letter fiom Peter R. Livingston, dated manor Living- ston, Octo. 29th, 1776, was read. Whereas, by a letter received from Peter R. Living- ston, Esqr. bearing date 29th ulto. it appears a second lieutenant is much wanted in Capt. Goosback's company, the better to enable said company to answer the purpose for which they were raised : Therefore, Resolved, That Samuel I. Ten Broeck be appointed second lieutenant in the said company. A letter from Robert Yates, Esqr. chairman of the com- mittee sent to Albany, was received and read, and is in the words following, to wit : " Albany, Octr. 25th, 1776. " Sir — We met in committee yesterday, on the arrival of the gentlemen appointed to arrange the army from Sa- ratoga. A number of important objects immediately en- gaged our attention ; a capital one is the supplying the ar- my at Ticonderoga, and the military marching to their as- sistance. The papers which we have the honour to trans- mit, will show the steps which have been taken by the committee of this county to aid the deputy-commissary- general here, who, without their exertions, we fear would not have been able to procure the necessary supply — at the best, it will on so sudden an occasion, be a difficult task. It has added to our anxiety to learn by a letter from Genl. Washington to Mr. Livingston, that the army in that quarter was also in danger of being distressed for want of provisions. " His Excellency entreats Mr. Livingston to use his influence to send without delay flour and beef for that army towards the White Plains, and also a number of teams (the more the belter,) to aid in removing the army as occa- sion may require. We submit it to your consideration, whether if teams cannot now easily be got from the cast- ward, it will not be advisable to order down a sufficient number belonging to such persons in the manor of Living- ston, Kinderhook, and Dutchess county, as cannot be trust- ed with arms. If this plan should be adopted, every owner JOURNAL OF THE COMMITTEE OF SAFETY. of a carriage should be directed to supply himself with a week's provisions to ease the Commissary as much as pos- sible. " The spirit of disaffection has appeared at the Helle- bergh, Kings district, and Coxsackie, in this county, and it requires vigorous measures to oppose and suppress it. — Nothing is more necessary than that the jails here should be cleared of the State prisoners without delay, and the more especially as all the militia of this city and neighbour- hood are marched. We have therefore advised the county committee to send those prisoners, with the causes of their confinement, to Fishkill by water, in order to be forwarded to one of the neighbouring States, or disposed of as you shall judge most advisable. It would have been imprudent in every view to have marched them to another State at this juncture, when none but the disaffected remain in the country, and many of them are in arms, and have threat- ened a rescue. We have found it necessary to detain a part of Col. Van Ness's Claverack regiment, consisting of about 140 men, here, to oppose the designs of the disaffect- ed at the Hellebergh ; as they are much wanted to the north- ward, we did it with very great reluctance, and indeed it could only have been justifiable on the most urgent neces- sity. It is much to be wished that Col. Van Rensselaer, with part or detachments of two regiments under his com- mand, could immediately be ordered up to Kings district, to which we have been able, notwithstanding the importu- nity of the inhabitants, to send only a small detachment of 15 rangers commanded by a lieutenant, and to direct Col. W hiting to raise 100 men in that neighbourhood, and the Massachusetts Government. " A party of 50 of the Schohary regiment, and some of the manor regiment are detached to Coxackie, where they are employed in dispersing and seizing the disaffected, who are now in arms, and there is yet no account of their pro- gress. We have thought it advisable to direct the few armed and well effected militia of the manor of Livingston to be detained and kept in readiness for the internal service of the county, conceiving it unsafe when the spirit of re- volt is so prevalent in that quarter, to leave it defenceless. The information from Kings district and the Hellebergh are enclosed. " We are, sir, your most hble. servts. " By order, " ROBT' YATES, Chairman. '•' To Peter R. Livingston, Esq. President of the Convention of the State of New- York. - ' Die Veneris, Naur. 1st. 1776, 4 o'clock P. M. The Committee met pursuant to adjournment. Present — Col. P. Van Cortlandt, Vice-President. Mr. Harper — Xttc-York. Col. Van Cortlandt, Mr. Mills— Westchester. Mr. A. Yates, Mr. Adgate — .ilbany. Mr. Little — Orange. Mr. W. Smith, Mr. Miller— Suffolk. Mr. Xewkirk — Tryon. Mr. Conline, Major Farks — Ulster. Mr. Landon — Dutches. Capt. Commandant Melancton Smith and Capt. Win. Clark respectively delivered in their muster rolls, and the pay and billeting or subsistence rolls of their late respec- tive companies of rangers, whose time of service now ex- pires. The pav and billeting money or allowance for ra- tions and necessaries from the 26th July to 31st Octr. inclu- sive, amounting in the whole to the sum of £577 Is. 10 jd. as appears by the said rolls, and also by certificates signed by Mr. G. Bancker, deputy treasurer and clerk or assistant to the Auditor-General, that he has examined the same and finds them just, and the pay and billeting money and allowance for divers necessaries due to Capt. Clark's com- pany amount to £921 14s. o^d. as appears by the like rolls, and a similar certificate of Mr. Bancker. 695 Ordered, That the Treasurer of this State pay to Capt. M. Smith the sum of £449 Is. I0%d. which, together with the sum of £428, by order of the Convention of this State paid to Egbert Benson, Esqr. to be applied to the payment of the wages and subsistence of the companies under the command of Capt. Smith, and applied accordingly on the 16th day of September last, amounts to the said sum £S77 Is. 10$d. And Ordered, That the said Treasurer pay to the said Capt. Wm. Clark, on his receipt, the sum of £921 14s. 5fc/. in full, for the pay and billeting money due to that company. Mr. Abraham Yates, from the committee appointed for the purpose, brought in a report, devising means of a steady communication of intelligence between Fishkill and Alba- ny ; the said report was read, and the consideration thereof was postponed until to-morrow. DIE SABBATI, Nov. 2nd, 1776, A. M. The Committee met puisuant to adjournment. Present — Pierre Van Cortlandt Vice-President. Mr. Harper, Mr. Roosevelt — Xew-York. Col. Allison, Mr. Little— Orange. Mr. A. Yates, Mr. Adgate— Albany. Mr. ISewkirk — Tryon. Mr. TT. Smith, Mr. Miller— Suffolk. Mr. Contine, Mr. Parks— Ulster. Mr. Landon — Dutches. A letter from Jacob Odell, dated and received yesterday, was read. He thereby informs, that through sickness he is confined at Benjamin Dyckman's, and is unable to ride, and must therefore quit that business ; that as he is unable to ride, he has sent up his brother with his account. The said account being also read, consists of the follow- ing articles, vizt : To riding express from Fhilipsburg to New-York and return- ing, 27 miles, £1 7 0 To do. from Philipsburgh to Fishkill, 42 miles, 2 20 To do. as a messenger, from 19th September to the 1st of Novt. inclusive 44 days, at l&s. per resolve of Convention, dated 17th Septr. 1776, 35 4 0 £3S 13 0 Ordered, That the Treasurer of this State pay to Abra- ham Odell the sum of thirty-eight pounds thirteen shillings, in full for the account of Jacob Odell, and take Abm. Odell's receipt for the same. An account of Benjamin Dyckman, dated 10th Octr. 1776, amounting to four pounds, for going express from Fishkill to Albany, was read. Ordered, That the Treasurer of this State pay to Samp- son Dyckman, on his receipt, the said four pounds, for the use of his brother Benjn. Dyckman. The Committee were informed, by Mr. Root. Harper, that the soldiers want shoes. Mr. Curtenius' letter of the 20th Octr. was thereupon read. Col. Brasher was then sent for to this Committee ; he explained the present state of the soods belonp-incr to the State. Ordered, That the committee appointed for procuring of clothing and having them made, report the most proper method of disposing of the clothes on hand, and procuring coarse cloths, and every matter they may think necessary, for the purpose of completing clothing. Thereupon a draft of a letter to the three brigadier-ge- nerals of this State, was read and approved of, and is in the words following, to wit : " Sir — We are informed (and have reason to believe it is true) that the troops stand in need of clothing. We have ordered Mr. Curtenius to collect all the clothing which is in the south of this State and belonging to the same, to Peramus in New-Jersey. We request your information, whether it is necessary to send clothing for our troops to our army at this time ; if so, by what route, and to whose 696 JOURNAL OF THE COMMITTEE OF SAFETY. care, and whether for any of our troops but those to con- tinue in general service during the war. " We are respectfully, sir, yours, &c." Mr. Wisner informed the Committee, that pursuant to the order or indemnification of this Committee for that pur- pose, on the sixteenth day of October last, he has expend- ed upwards of one hundred and forty pounds on the roads in Orange county, leading towards the American army, and engaged the same men at 4s. per day each, for a fortnight longer, they maintaining themselves, which will cost up- wards of one hundred and forty pounds more, and he re- quested an order on the Treasurer for three hundred pounds for the purpose aforesaid. Ordered, That the Treasurer of this State pay to Henry Wisner, Esqr. the sum of three hundred pounds, on his re- ceipt, to be applied to repair the roads in Orange county, leading to the American army, in order to enable the inha- bitants of the county, as well as the public agents employ- ed for the purpose, to transport provisions and other neces- saries to the said army. Saturday, P. M. Novr. 2nd, 1776. The Committee met pursuant to adjournment. Present — Col. Van Cortlandt, Vice-Prest. Mr. A. Yates, Mr. Adgate— Albany. Mr. Wra. Smith, Mr. Miller— Suffolk. Mr. Contine — Ulster. Col. Van Cortlandt — Westchester. Mr. Landon — Dutches. Mr. Newkirk — Tryon. Colo. Allison, Mr. J. Smith, Mr. Wisner — Orange. A memorial of William McNeal, dated the 17th Octr. was read. He therein sets forth that Col. Dirk Brinck- erhoff has taken from the store of Peter Burgardus 30 bushels of salt belonging to the memorialist, which he detains, to the great injury of the memorialist, where- by the said William McNeal is likely to lose several sums of money for which he was to have received pay- ment in beef and pork, and praying redress in the pre- mises. Ordered, That the said memorial be referred to the county committee of Dutches county to hear and deter- mine thereon. A letter to the committee of Dutches county was read and approved, and is in the words following, vizt : " Sir — The enclosed petition and order thereon I am directed by the Committee of Safety for this State to refer to the general committee of the county of Dutches to be by them, as soon as convenient, taken under considera- tion. " I am, sir, yours, &c. "To Egbert Benson, Esqr. Chairman." A billeting roll of Capt. Elias Hasbrouck's company of rangers, consisting of 28 men, officers included, em- bodied in Ulster county, was delivered to the Com- mittee, charging one hundred and fifty-five pounds fif- teen shillings and threepence halfpenny for billeting from the time of their enlistment to the 31st of Octor. inclu- sive. A pay roll of the said company was also delivered, wherein is charged two hundred and twenty-nine pounds three shillings and sixpence for the pay of the said com- pany to the 31st of Octor. inclusive. A muster roll of the said company, subscribed by all the commissioned officers of the said company, was also read and delivered in ; all which Capt. Hasbrouck declar- ed to be delivered upon his oath taken before the county committee, agreeable to the resolutions of Convention of the 23d July last. A certificate of Mr. Gerard Bancker, clerk and assist- ant to the Auditor-General, was read, whereby he certifies that he carefully examined the said pay roll and billeting roll of Capt. Elias Hasbrouck's company, amounting to- gether to three hundred and eighty-four pounds eighteen shillings and ninepence halfpenny, and finds them right calculated. Ordered, That the Treasurer of this State pay to Capt. Elias Hasbrouck, on his receipt or receipts, the said sums of money, amounting together to the sum of three hundred and eighty-four pounds eighteen shillings and ninepence halfpenny, for the pay and billeting or subsistence of his company to the 31st of Octor. last, inclusive. Capt. Elias Hasbrouck applied for the second moiety of the bounty for twenty-five men of his company who are enlisted and mustered, as appears by the muster rolls now delivered. Thereupon, Ordered, That Robt. Boyd, Esqr. chairman of the committee of Ulster county, pay to Capt. Elias Hasbrouck the sum of three hundred and twelve dollars and one-half of a dollar, in full for the bounty of the said twenty-five men, out of the money formerly deposited in his hands for advancing the first moiety of the bounty to the rangers raised in Ulster county ; that Mr. Boyd take duplicate re- ceipts from Captain Hasbrouck for that money, theduplicate of that receipt to be of the same tenor and date, and de- claring that they are duplicates and for the same sum. The committee took into consideration the subject of a letter from General George Clinton, of the 30th October, mentioning the advantage of mounting a few cannon at dif- ferent places near the level of the water, on the banks of Hudson river, in the Highlands. Thereupon, Resolved, That Henry Wisner, Esqr. and General James Clinton be and are hereby authorized, requested and empowered to have such cannon as they may think proper, placed on such places and such small works as they may think proper for that purpose, erected on the banks of Hudson's river for the annoyance of the enemy's ships, should any attempt to pass ; and General James Clinton is hereby requested to afford every aid, of men, artillery, or otherwise, in the premises, consistent with the public service. A petition of William Forbes, a disaffected man, con- fined in Litchfield jail, was read. He requests a mitiga- tion of his confinement. Ordered, That the said petition be referred to Col. De Witt and Judge Graham to consider and report thereon. SUNDAY MORNING, 10 ho. a. m. The Vice-President and Committee met pursuant to ad- journment. No business done. Adjourned to six o'clock. 6 ho. P. M. The Vice-President and Committee met pursuant to ad- journment. A letter from T. Tilghman to the committee of corre- spondence was read ; and two letters from camp to John McKesson were read. MONDAY MORNING, Novr. 4th, 1776. The Committee met pursuant to adjournment. Present— Col. P. Van Cortlandt, Prest. Mr. R. Harper— New-York. Col. Allison — Orange. Mr. Yates, Mr. Adgate— Albany. Mr. Newkerk— Tryon. Mr. Smith, Mr. Miller— Suffolk. Mr. Contine— Ulster. Mr. Landon— Dutches. JOURNAL OF THE COMMITTEE OF SAFETY. 697 A letter from Tench Tilghman to the Vice-President, dated the 3rd inst. and received this morning, was read and filed. The General consents that eighty men of Colonel Tash- er's regiment, be sent with provisions to Connecticut. Mr. Landon produced a memorandum of the amount of sundry accounts for the maintenance of the poor from New- York, placed in Rumbout's precinct, amounting, in the whole, to the sum of seventy-eight pounds eleven shillings. Ordered, That the said memorandum be submitted to Henry Schenk, Esqr. that he request the several accounts and vouchers mentioned therein, and that he report thereon to the Convention or Committee of Safety of this State. A number of papers relative to prisoners of war lately maintained at Kingston, in Ulster county, and now remov- ed, were handed in. Ordered, That they be delivered to the Secretaries as commissaries for the prisoners of war ; that if they find any difficulty in settling those accounts, they report the diffi- culties for order to be made thereon. A letter or account of the like kind, from Col. Tusteen, was read and delivered in the same manner, and with the like order. It was moved that the sum of thirty pounds be advanced to Mr. Christopher Collis, for the purpose of enabling him to make wire and woo! cards, if he, at any time, shall satisfy the Convention, or Committee of Safety, with re- gard to the progress he shall make in the business, and execute his bond to the President of this Committee for the payment thereof, at the end of nine months from this day. The question being put thereon, it was carried in the negative. On motion, Resolved, That a bounty of two shillings per pair be al- lowed for every pair of good wool cards made in this State out of iron wire manufactured in this State, within six months from this day. That the said bounty shall be pay- able to an order on the Treasurer of this State, on full and due proof made by the oath of the owner of the said works, before the chairman of the committee of the district, or the nearest magistrate to the said works, or before the Presi- dent, in Convention, of the Representatives of this State, or the House of Representatives thereof, for the time be- ing, that the wire of which such wool cards has been made, and also the said wool cards have been manufac- tured and made at his works within this State, provided such proof be made, and the bounty applied for within one month after expiration of the said six months. Mr. Tilghman's letter of the second November, was read ; to be delivered to Mr. Duer for the present. A letter of the 3rd inst. from Tilghman, was read. Ordered, To be communicated to the committee for de- tecting and defeating conspiracies. A letter from Philip Livingston, recommending Bamper for a commission, was also read. A letter from Bamper, requesting a commission, was read, and committed to the committee of arrangement. A letter from John Imlay, [containing] an account of the sale of the sloop Putnam, and a receipt for one hundred and seventy pounds, was read, and the consideration thereof deferred for the present. 4 ho. P. M. Novr. Ath, 1776. Present— Pierre Van Cortlandt — President. Mr. Yates, Mr. Adgate*— Albany. Mr. Smith,* Mr. Miller— Suffolk. Mr. Contine*— Ulster. Mr. Newkirk* — Tryon. Col. Allison* — Orange. Col. Van Cortlandt— Westchester. The letter from John Imlay, the receipt for one hundred and seventy pounds, and the account of sales, was again 175 read, and committed to Mr. Roosevelt and Col. Brasher to report thereon. Mr. Abraham Yates, from the committee to whom was referred the consideration for ways and means to convey and obtain intelligence from Albany, reports : " That they conceive it will be necessary that a rider be hired to set out to Albany next Wednesday ; that he be or- dered to ride so as to arrive in the city of Albany no later than eleven o'clock in the morning ; that he then wait the direction of the committee of this House, (or, in their absence, the sub-committee of the city and county of Albany,) when to set out, provided he be detained no longer than twelve o'clock the Saturday following, and on his return be no longer by the way than Tuesday follow- ing, at 1 2 o'clock ; that he alternately ride on the east and west side of the river ; that the following letter be WTote to the deputy postmaster at Albany, that he direct the post to give warning to this Convention on his waygoing to and returning from Albaay, so that intelligence may be sent by him in the mean time." [Letter not entered on the minutes.] TUESDAY MORNING, Nov. 5th, 1776. Present — Col. Van Cortlandt, Vice-President. Mr. Roosevelt — Xew-York. Mr. Newkirk* — Tryon. Mr. Yates, Mr. Adgate* — Albany. Mr. Wisner, Col. Allison* — Orange. Mr. W. Smith,* Mr. Miller— Suffolk. Mr. Contine*— Ulster. Mr. Landon — Dutches. Colo. P. Van Cortlandt — Westchester. The gentlemen whose names are marked with asterisks are a quorum of the Committee of Satety. Mr. Wisner applied for an order for one hundred pounds, on account to pay sundry accounts for spears made in Orange county for the militia of this State. Ordered, That the Treasurer of this State pay to Hen- ry Wisner, Esqr. on his receipt, the sum of one hundred pounds on account, to be by him applied to pay for the spears made in Orange county. Mr. Roosevelt reported to the committee that Col. Bra- sher and himself had examined the muster rolls, account of sales and papers relative to the schooner General Put- nam, and find that for want of proper papers and more full information it will be impracticable to settle with Thomas Quigly, the late lieutenant of that vessel, for the crew. Thereupon, Resolved and Ordered, That John Imlay and Comfort Sands, Esquires, be and hereby are authorized and em- powered to examine and settle accounts relative to the schoo- ner General Putnam, and to settle with and discharge the crew of that vessel in the most frugal manner possible ; and for that purpose that they be and hereby are authorized to apply the nett amount of sales of the vessels and appur- tenances. That Comfort Sands, Esqr. be requested to take with him such papers, or extracts of papers, or accounts, from his own or the Treasurer's office, and to advance such sum of money as may be necessary for that purpose. A letter from Comfort Sands, Esqr. dated this day, was read, and is in the words following, that is to say : "Fishkill, Novr. 5th, 1776. "Sir — Capt. Belknap, one of the captains of the rangers, ordered to be raised in Ulster county, has applied for the pay and subsistence and half bounty of his company. The former I have settled, the latter I want your directions about. " It appears there has been moneys sent to the different county committees for the one-half bounty, but as the com- pany is not more than one-half full, there must be money G98 JOURNAL OF THE COMMITTEE OF SAFETY. yet remaining in the hands of the committee, which I think 1 it would be best to draw out, and settle their bounty there ; for while money is continually advanced to different com- mittees and persons, it will be impossible for me ever to get the public accounts settled. " I am, sir, your very hble. servt. " COMFORT SANDS. " To Pierre Van Cortlandt, Esqr. President of the Convention of ihe State of New-York." Whereas it appears by a certificate signed by the chair- man of the county committee of Ulster county, that Capt. Isaac Bellknap, and the other officers of his company, are duly qualified according to the resolutions of the Convention of this State, and by the muster roll of the said company, signed and subscribed by the officers, that the said com- pany consists of twenty-one non-commissioned officers and privates : Ordered, That Robert Boyd, Esqr. chairman of the committee of Ulster county, pay to Capt. Isaac Bellknap two hundred and sixty-two dollars and one-half of a dollar in full, for the second or last moiety of the bounty of the said twenty-one rangers raised in Ulster county, out of the money formerly deposited in his hands for advancing the first moiety of the bounty to the said rangers ; that Mr. Boyd take duplicates of the receipt from Capt. Bellknap for that money. The duplicates of that receipt to be of the same tenor and date, and declaring that they are dupli- cates and for the same sum. The said muster roll is filed in the Auditor-General's office. A letter from Comfort Sands relative to the pay of Bar- rack Master G. Roorback, requesting directions what shall be his pay and rations. Mr. Curtenius was called in and advised with, relative to that claim. Thereupon the further consideration thereof was postponed till the afternoon, and Mr. Sands is requested to attend in the afternoon to give the Committee information relating to the said barrack master. Mr. Curtenius was heard as to the clothing purchased for troops. The Committee spent some time in consider- ing the propriety of delivering the whole to the Quarter- Master-General, and the further consideration thereof is postponed. Egbert Benson, Esquire, chairman of the committee of Dutches county, attending, was admitted. He informed that it is necessary to procure a number of hands to be em- ployed to build barracks, and proposed that a draft should be made from the militia of Dutches county for that pur- pose. Ordered, That Col. Allison and Major Landon be a committee to consider and report thereon. Novr. 5th, P. M. 4 ho. The Committee met pursuant to adjournment. Present — P. Van Cortlandt, Esqr. Vice-Prest. Mr. Roosevelt — New-York. Col. Van Cortlandt — Westchester. Mr. A. Yates, Mr. Adgate — Albany. Col. Allison, Mr. Jos. Smith — Orange. Mr. Miller, Mr. Smith— Svffolk. Mr. Con tine— Ulster. Mr. Newkirk— Try on. Mr. Landon — Dutches. The report of the committee for calling in labourers to build barracks was read and the consideration thereof postponed till to-morrow. A letter frrom Samuel Brewster, Esqr. chairman of the committee of New-Windsor, covering an affidavit relating to one Connor and Montgomery was read. The said affidavit and letter set forth sundry matters which rendered it very probable that certain quantities of butter and flour purchased by the said Connor and Mont- gomery, were purchased with an intent to supply the ene- my. Ordered, That the said papers be referred to the com- mittee for detecting conspiracies. The committee on considering the letter of Francis Lew- is and Philip Livingston, Esqrs. requesting another Dele- gate to be sent to Philadelphia, &c. Ordered, That Mr. McKisson, as Secretary, write a letter to Mr. Duane, and inform him that the attendance of another Delegate is necessary at Congress ; that the public accounts of this Stale are ready to be laid before the Con- tinental auditors ; that it is apprehended his attendance at Congress when those accounts are under consideration of the proper board, will be peculiarly useful to this State, and therefore that he is requested to return to Fishkill, that he assist to perfect the arrangement of the army and pre- pare to attend at Congress. WEDNESDAY MORNING. Novr. 6th, 1776. The Committee met. Present — Col. Van Cortlandt, Vicc-Prest. Mr. Adgate, Mr. Yates, Junr. — Jllbany. Col. Drake, Col. Van Cortlandt — Westchester. Mr. Smith, Mr. NicoU— Suffolk. Mr. R. R. Livingston, Mr. Landon — Dutches. Mr. Contine — Ulster. Col. Allison, Mr. J. Smith— Orange. Mr. Newkirk — Tryon. A letter from Colo. Benjamin Tusteen, dated Goshen, November the 4th, 1776, relative to some cloths he has purchased and requests to know whether he shall have clothes made for the soldiers, was received and read, and referred to the committee appointed to have the goods made up at Fishkill. A letter from Johannes Sleght, dated at Kingston, rela- tive to salt, of which there is a great scarcity, was read. A draft of an answer to said letter was read and ap- proved, and is as follows : " Sir — Your letter having been read in Committee of Safety, they are of opinion that it would have come more properly through your committee. They lament the wants of your people, but are ignorant of any store of salt at Albany or Dutches counties, both of which they are sa- tisfied are by no means supplied ; but should it be other- wise, they make no doubt that you may purchase on the same terms as the people of those counties. As this Com- mittee have no thought of interfering without the most absolute necessity, in the regulation of the prices of any article of merchandise whatever, since its only tendency is to increase the scarcity, and injure individuals. " I am, sir, &c. " Johans. Sleght, Esqr." A letter from General Schuyler, dated at Albany, Novr. 3rd, 1776, was received and read, and is as follows, to wit : " Albany, 'ird, Novr. 1776. " Sir — I do myself the honour to enclose you an extract of a letter from General Gates, of the 31st ulto. with copy of one from Major Hoisington to him. If Sir Jno. John- son left Canada at the time the deserters mention, he has probably met with such difficulties as have obliged him to return, as I think he could not subsist from that time to this in the woods. We have no less than eleven different scouts traversing the country between Tyconderoga and Fort Stanwix, so that I am in hopes should the enemy at- tempt to penetrate to the Mohawk river, we shall have such early information as to enable us to meet him with a sufficient force. I have already ordered two regiments from Tycondero- ga to Tryon county, and about one thousand of the militia, JOURNAL OF THE COMMITTEE OF SAFETY. 699 so that our force there, exclusive of the militia of that county, will amount to two thousand men, besides the gar- rison of Fort Schuyler. " I wish the Convention would order the depth and breadth of Hudson's river to be carefully taken at such places as they conceive would be most proper effectually to obstruct the navigation. Verplanck's Point, or Jan Kanten Hook, may be proper places ; perhaps the latter, the most eligible of any. I propose taking the earliest op- portunity that is offered me to prepare every thing for it. At present I cannot, as I have neither troops nor carpen- ters, the latter being all employed in constructing barracks. " I am, sir, with great respect, " Your most obt. hble. servant, " PHIL. SCHUYLER. " P R. Livingston, £sqr. President, &c." The extract of a letter from General Gates, dated at Ticonderoga on the 31st ulto. giving an account of the movements of the enemy on Lake Champlain, enclosed in General Schuyler's letter, was also read. Also a copy of a letter from Major Joab Hoisington to General Gates, da- ted at Newbury, October 12th, 1776, communicating the intelligence given by 4 deserters from Canada, that pre- vious to their leaving Montreal on the 25th of September, that Sir John Johnson, with the Indians and Canadians, and 8th regiment, had marched to attack the inhabitants on the Mohawk river, and meet Genl. Burgoin in Albany, was also read. Ordered, That an extract of Genl. Schuyler's letter, which relates to taking the soundings of Hudson's river, be transmitted to the secret committee, now at the forts in the Highlands, and said committee cause the soundings to be made. A letter from John Tayler, Esquire, dated at Albany, Novr. 3rd, 1776, enclosing a notification signed by Mr. Mathew, town clerk, dated at New-Marlborough, Octr. 4th, 1776, requesting the inhabitants to meet and give their sense relative to their revolting from New-York, was read and filed. Whereas by the decease of Theodorus Van Wyck and Andrew Barclay, loan officers of the city and county of New-York, in this State, the loan office books and seal has fallen into the hands of Nichs. Governeur, only survi- ving loan officer, who from his residence in New-Jersey, is incapable of carrying on the business of the office : Ordered, therefore, That said books and seal be deli- vered into the hands of the Treasurer of this State, or Ge- rard Bancker, his deputy, and that he be directed to act as loan officer, until further order of this Convention. Ordered, That the said Treasurer's or his deputy's re- ceipt shall, on payment of the money, be considered as a full discharge for any money due to the loan office. Ordered, That the executors of Theodorus Van Wyck, deceased, account with and pay into the hands of the said Treasurer, or his said deputy, all the money due from the estate of their testator to the loan office of this State. Ordered, That a copy of the above be served on the Treasurer of this State, and that Mr. Gerard Bancker ap- ply to Mr. Gouvernier for the books, seal and accounts above mentioned, and to ihe executors of Theodorus Van Wyck for the sums in their hands, and serve them with a copy thereof. Robert Yates, Esquire, from the committee appointed on the 19th of October last, to cooperate with Major-Genl. Schuyler in devising and carrying into execution all such measures as they should deem most effectual for repelling the invasion of the enemy's army on the northern and west- ern frontiers of this State, made the following report : "A majority of your committee, vizt: Evert Bancker, Jacob Cuyler, John Tayler, James Duane, Robert R. Li- vingston, Robert Yates, John Ten Broeck, convened at the city of Albany on the 24th day of October last, agreeable to order, to perform the duties assigned them, and receiv- ing intelligence from Mr. Tayler, one of your committee, who had just arrived from Cumberland, that the militia of Cumberland and Glocester were ordered to hold them- selves in readiness to march on their receiving intelligence that the enemy were beseiging Ticonderoga, and that it was their intention to take the route through the country to that place. " A letter was addressed to General Schuyler, advising him thereof (knowing the scarcity of provisions at that garrison,) and communicating also our belief, that from cer- tain affidavits, copies whereof had been transmitted to him by the committee at Albany, some part of the enemy's force proposed making incursions into the western frontier. We therefore lamented the necessity that called Colonel Dayton's regiment to Ticonderoga, and left so important a communication to be guarded chiefly by militia, and sub- mitted the propriety of employing active scouts who should go from the head of Hudson's river to Ticonderoga, and to whom rewards should be offered on their bringing intel- ligence of the enemy's approach. " Having received information of a most dangerous con- spiracy of the tories at Helenbergh, we despatched an ex- press to Colonel Van Ness, who was at Schuyler's Ferry, on his march to Fort Edward, to recall his regiment, to employ them against the insurgents ; of this measure also we informed Genl. Schuyler ; and in order to discover the numbers, motions and designs of the insurgents, a soldier recommended by Colonel Van Schaick for that purpose, was sent as a spy, with instructions and a promise of a re- ward of ten pounds if he should perform the service satis- factorily. " On the 25th of October a letter was received from Colonel Whiting of Kings district, giving information of the number and hostile designs of the tories in that district; whereupon, Capt. Baldwin with fifteen men of the Albany rangers, was immediately despatched to assist in securing the said insurgents, and Colonel Whiting was directed and authorized to raise and detain all the well effected militia remaining in that district, for the same service, and also to call on the nearest towns in the State of Massachusetts Bay for such a number of men as would, together with his own and the rangers, make up an hundred ; and also, that he should see the men properly supplied with provi- sions agreeable to the Continental allowance. The whole to be commanded by Colonel Whiting until superseded. " Mr. Avery, deputy commissary, furnished a report of all the flour remaining at Ticonderoga, and the several stages between that and Albany, from which, after deduct- ing what was probably expended or would be consumed in the course of fourteen days, there would then only remain about 2,520 barrels. " A representation having been made to your commit- tee that Doctor Henry Van Dyck, Cornelius Glen, Benja- min French, Jacob A. Lansing, John Stevenson, Henry Ten Eyck, John Van Allen, Jns. Visscher of Schenectady, Major Eminston, Peter Van Schaick, Peter Vosburgh, Ro- bert Oakley, James Dole, Baker, John Fryer, were persons disaffected to the cause of American liberty, and that their stay in the county of Albany would be dangerous : It was therefore, " Resolved, That the members of the committee who were members also of the committee of Albany, wait on the committee of the said county, and submit it to their consideration, if they have just grounds of the unfriendly dispositions of the said persons, to remove them immedi- ately out of this State. " It being also represented to the said committee that there were many disaffected persons in the manor of Li- vingston and its neighborhood, and that the remaining mi- litia who can be relied on are few in number and badly armed : It was therefore, "Resolved, That a letter be sent to the commanding offi- cer of the manor regiment, informing him to detain the 700 JOURNAL OF THE COMMITTEE OF SAFETY. militia there, and hold them in readiness to suppress any insurrections among the disaffected in that part of the State, or wherever else they may be ordered by your committee or the Committee of Safety of the State of New-York. " A resolution was also passed, requiring the committee of the manor of Livingston, immediately to arm and equip the company of rangers raised in that district, and order them to be quartered at or near the place of rendezvous, and kept in readiness for immediate service. A copy of said resolution was sent to Colonel Henry Livingston, of the manor of Livingston. " Your committee, by a letter to Peter R. Livingston, Esquire, President of the Convention, advised them of the progress they had made in the execution of the duties as- signed them. "John Vondenberg, who resides near Hellebergh, and supposed to be well acquainted with the designs of the dis- affected in that neighbourhood, was examined, and reluc- tantly disclosed that he had attended a meeting at the Hel- lebergh, and was there advised not to march with the mili- tia to the northward ; that there were present at that meet- ing, John Reid, Joaghim Huyck, Jacobus Long, Hans Se- gar, Jacobus Oliver, Jacob Huyck, John Cummins, Arnet Wermer, Adam Sagar, Christian Huyck, Jacob Bradt, Garret Bradt, and that one Richard Redley had in his pos- session the Proclamation of General Howe. That their plan was to assemble in three parties of about thirty men each, to resist any troops that might attack them ; that the one party, under command of Albertus Van Alstyne, to meet at the Hellebergh ; another, under the command of John Cummins, at Norman's Kill, and the third, under the command of Arent Wormer, at Neskitaw ; that the party attacked were to notify the others, that they might coope- rate in their resistance. " Hans Segar said he could get Indians at Schoharie to assist, if he would go for them ; that a constant correspon- dence is kept up between the said parties and the disaffect- ed of Stickook and Coxakie, between whom it was under- stood that they were to act on the defensive, until the King's troops arrived, and then join them. " A messenger was despatched to Colonel Vondenbergh and Captain Slingerlandt, requesting their attendance, that they might be informed of the situation of the country in and about the places alluded to in the said examination of Vondenberg, and march, with Colonel Van Ness's regiment as guides, to those places. " On the twenty-sixth of October, Colo. Vandenbergh and Capt. Slingerlandt attended according to request, and the Colonel produced the returns of such persons in his regiment, amounting to eighty-two, who have not marched up with the militia of the county, most of which absentees it appears by other information, are such as have collected themselves in and about the Hellebergh, for the purpose of opposing by force the measures of Congress. An express was sent with a letter to Captain John Bradt of Coxakie, advising him of the movement of the disaffected in the neighbourhood of the Hellebergh, and requesting him, if he could spare any part of his force, to despatch the Scho- harie company and the rangers that way as soon as possi- ble and by the most direct route, and that a party should be despatched from Albany to meet and cooperate with them. " Colonel Van Schaick, on application, consented to spare about fifty of his Continental troops for two or three clays, to be commanded by Capt. Hicks, and marched to the Hellebergh under the directions of your committee, and to be in readiness as soon as possible. " Captain Baldwin was directed that the fifteen men of his company of rangers should hold themselves in readi- ness ; and Colonel Van Ness was ordered to detach eighty men of his regiment on the same service, while the remain- der of his regiment should continue in Albany, and do the duty of the troops ordered out. " Capt. Abraham Slingerlandt of Col. Vandenburgh's regiment of militia, was ordered to attend the said detach- ments as a guide in the route they were to take for the ap- prehension of the disaffected, and Major Ford, who was appointed to the command, was apprised of the nature of the service, and instructed to march the detachment to Con- radt Luke's or Tunis Kingerlandt's, where his men were to be refreshed until near daybreak, when he was to march from thence to the Hellebergh, and endeavour to take and disperse the disaffected, who have been or are now assem- bled in arms, (or, in general, all others between the age of 16 and 50 who can prove no good reason for their not hav- ing marched with the rest of the militia agreeable to order.) If they should not be at that place, lo follow them to Nor- man's vale, Nestakew or the Beaver Dam, or wherever else they may be assembled, advising on this head with the guide ; also, that he always march with good intelligent scouts ahead, and flanking parties, to prevent surprise or being discovered by persons lurking in the woods for that purpose, and to detain all those whom he might expect de- signed to give intelligence of his movements. That he should also be particularly careful to prevent the men un- der his command from plundering or maltreating the inha- bitants of the county, whatever might be their political character. To be attentive to secure those persons whose names he was furnished with, and send daily communica- tions of his motions to your committee at Albany, in order that he might be reinforced, if necessary, or supplied with provisions, if his stay should be longer than was expected. " On the 27th of October, a letter was received from Genl. Schuyler, dated at Saratoga on the 26th, acknow- ledging the receipt of the letter and affidavits transmitted him on the twenty-fourth, in which he says that although said affidavits would countenance the supposition that the enemy intend an eruption on the Mohawk river, yet he cannot suppose they will attempt it, unless they should be successful at Ticonderoga ; he did not like to move Day- ton's corps from the westward, but was pressed to do it in such terms by General Gates, that he could not pru- dently refuse it. Lest however any accident should hap- pen, he advises that Colonel Van Ness with his regiment, should on his return from Coxsakie, march to Schenecta- dy or such place where he can be of most service in case of an attack. The scouts from Johnstown, Fort George, and Fort Edward, agree there is no appearance of an en- emy on the northern quarters. General Schuyler enclos- ed in said letter a copy of a letter he had received from General Gates at Ticonderoga, dated the 24th of October, wherein, after enumerating such articles and supplies as are most wanted at that garrison. General Gates ob- serves : " ' That General Carlton lies close at Crown Point with his navy on his flanks ; that he apprehends an attack may soon be expected, but that the communication between Otter creek and Mount Independence was not yet inte:- rupted by the enemy's scouts.' " A letter was received from John McKesson, Esquire, Secretary of the Convention, dated at Fishkill on the twenty-fourth, giving advice of the apprehension and con- demnation by a court martial where Lord Stirling presid- ed, of three traitors or deserters taken in arms, and also enclosing a copy of a letter from Tench Tilghman, Esqr. to the Convention, dated at Head-Quarters, Valentine's Hill, the 22nd instant, mentioning that early on the morn- ing of the 21st, one hundred and fifty men detached from the first and third Virginia regiments, and commanded by Major Green, supported by Colonel Haslets of Delaware, with six hundred men, attacked and put to flight Rogers' rangers, taking many blankets, sixty stand of arms and thirty-six prisoners. " Your committee immediately acknowledged the re- ceipt of the letter of John McKesson, Esqr. with its en- closure, and suggested the propriety of the committee of correspondence, establishing expresses to Albany, as good JOURNAL OF THE COMMITTEE OF SAFETY. 701 news published by authority, might have a happy effect on the army and on the people. " On the meeting of the Committee on the 28th of Oc- tober, a letter from General Schuyler, dated Saratoga on the 27th October instant, covering a letter from Capt. La- throp Allen, commanding at Fort Dalgton, the 21st of October, and another from General Herkimer, dated at Canajoharie, on the 25th of October, was laid before your Committee. " Capt. Allen states that on hearing some news from the Lake to our disadvantage, a consultation was held at Ca- najoharie Castle between the Indians and tories, since which many of the latter have absconded to join the enemy ; that the Indians are also moving up. He concludes by request- ing the General, as an invasion may shortly be expected, to forward a supply of ammunition, there not being more than 12 pounds of powder to supply the garrison, consist- ing of 123 effective men. " General Herkimer informs General Schuyler that Pe- ter Ten Broeck of the Fallkills, Hanyoost Schuyler, Ka- chyaho Johnson, with about 120 others from the Klace Burragh, have gone off to the enemy ; he learns they are gone to Oswego, expecting to meet the enemy there ; that the leaders of these runaways have received advice by letters, that within six days from their escape, the enemy would be assembled in force at Oswego ; Sir John John- son to command six hundred regulars, and that twenty- two nations of Indians had joined them. A squaw was the bearer of said letter to Canajoharie castle, and a belt was sent fiom the hostile nations to the Oneidas to invite them to join them, threatening that if they would not agree to their proposals, they, the Oneidas, should be attacked first, and that not a child's life would be then spared. General Herkimer added, this hostile invasion may be soon be expected, and certainly on the Mohawk ; and that the circumstances of the country are such that they can- not resist such a force, and must expect to be slaughtered and drove off at the pleasure of the enemy. He therefore begged and solicited for expeditious succour in troops, to oppose such powerful invaders, to frustrate their wicked intentions ; that without such aid, the major part of the inhabitants would lay down their arms rather than be sa- crificed in their unprotected situation. " General Schuyler, in his letter enclosing copies of those of General Herkimer and Captain Allen, remarks that he thinks it absolutely necessary that a body of troops be sent immediately to the Mohawk's river ; and concludes by observing, ' I have ordered Colonel Dayton with his re- giment, which is at Canistighenna or Half Moon, to halt until they shall hear from you. If you can send such a body of militia into Tryon county as will in all probability se- cure that part of the counUy, I then wish you to send or- ders to Colonel Dayton to prosecute his march to Ticon- deroga, where he is much wanted, if not, you will order him back to that county, he having my orders to obey your directions.' " The committee thereupon resolved and determined to detain the following troops for the defence of the western frontiers, namely : " Capt. Badt's rangers, who have performed the ser- vice at Coxakie, 50 " A detachment of Capt. Baldwin's company of ran- gers, 20 *' A detachment under Major Ford of Colonel Van Ness's regiment of Claverack militia, 80 " A detachment of Schoharie militia under Capt- Ha- ger, 55=205 " Capts. Hicks and McCracken's companies of Colo. Van Schaick's Continental regiment, 120= 325 " If there be added to the troops now on service and the Tryon militia, vizt : " Elmons's regiment, 443 " Nichols's do 150 " Tryon county rangers,. 150 " Militia supposed at 1,000 = 1,743 " The whole will be, 2,068 176 " Your committee then sent a letter by express to Genl. Schuyler, enclosing copies of the above resolutions, and having previously received intelligence from Major Ford and Capt. Bradt, we mentioned to the General that on the night of the 26th the detachment was despatched against the disaffected at the Hellebergh and its neighbourhood, which was attended with the wished for success, as they dispersed the disaffected without opposition, and many of them were taken. Capt. Bradt, who was despatched on a similar enterprise to Coxakie, had written to us by ex- press that he had successfully performed the service he was sent upon, and that he thought the Coxakie and Cats- kill companies would be sufficient for any further business in that quarter. Indeed, it appeared to us that the report of the disaffected there had been greatly exaggerated, since the committee of this district had thought fit to discharge some of those who are apprehended as tories ; which, how- ever inexpedient, was at least a proof they were not thought dangerous. These vigorous measures having so lappily suppressed domestic insurrections, put it in our aower to detach the troops, which with the forces already on he western frontiers, are particularly specified in our reso- utions. Of their competency we suppose General Schuy- er could best judge, and therefore submitted it to his de- termination, whether Colonel Dayton's regiment should be sent forward to Ticonderoga or commanded to their former station. It appeared to us of the utmost moment that an active and spirited officer, in the then conjuncture, should be invested with the command on the western frontiers, especially as the apprehensions on the part of the Conti- nentals as well as the militia seemed greater than the in- telligence communicated to us could justify. We submit it to the consideration of the General, that as we were strangers to Colonel Elmer, if his military character was not sufficiently established, whether Colonel Dayton, (in case his regiment should proceed to Ticonderoga,) Colo- nel Van Schaick, or some other officer of known abilities, ought not to be appointed to that important department. We determined that such of the proposed detachment as consisted of militia should march without delay. The two companies of Continental troops, not being under our directions, we informed the General, must attend his orders; and should the arrangement meet with his approbation, Capt. Lush's company of town guards, 70 of Colonel Van Ness's regiment, under his command, besides the would remain for town duly. " Your committee then wrote to Major Ford requesting him to return with the detachment under his command to Albany as soon as the service whereon he was sent was despatched, and at the same time forwarded a letter to Capt. Bratt, commanding the party at Coxakie, to march said party to Albany as soon as their business was accom- plished ; an order was also given Mr. Avery to furnish the detachment under Major Ford with three days' provisions, which was forwarded immediately. " John Vandenbergh again appeared before the commit- tee and was examined, and discovering nothing further re- specting the tories at Hellebergh, he was dismissed, and for his former services was given 48*. " Dirck Swart was called in and informed your commit- tee that while at Bennington he understood that letters had been received by the committee of that place, from Deputy Commissary Trumbull and Deputy Commissary Yauncey, which mentions that some evil disposed persons near Al- bany had stopped the provisions going forward to Ticon- deroga, and alleged that they had orders to purchase the wheat and send it to the mills ; that the wheat was accord- ingly purchased at 5s. 6d. lawful ; on hearing which, some of the militia that were going up were much enraged and wished Albany in flames. " As Mr. Swart neither saw said letters nor heard them read, it was not thought proper to take any measures rela- tive thereto until more precise information could be obtain- ed of their contents. 702 JOURNAL OF THE COMMITTEE OF SAFETY. " On the 29th of October, Major Ford, with the detach- ment under his command, returned from the Hellebergh and reported that he could not discover any parties of dis- affected persons assembled together ; that he had traversed the country and found that most of the inhabitants had ab- sconded ; that he had apprehended, however, John Reid, John Lang, Garrit Slingerlandt, Myndert Bradt, John Sa- ger, Jeremiah Pemberton, John Hallenueck, (who he has, however, since discharged,) Garret Sager, Malthys Hogh- taling, (who he released but detained his arms.) " Your committee immediately proceeded to examine John Reid, John Lang and Myndert Bradt. " The character of Reid appeared suspicious, he was therefore remanded to goal. As to Lang he appeared to be misled, and professing his hearty repentance and pro- mising a ready concurrence with the measures of Con- gress, was thereupon dismissed upon his promise to go and join his militia regiment at Fort Edward. On receiving a solemn promise not to reveal his name, the said John Lang, of Meadhic, stated that being warned to go to Fort Ed- ward, he prepared himself to go accordingly, but on his way was dissuaded from proceeding by Frederick Oliver and Philip Luke, son to John Luke, who were the princi- pal persons that dissuaded people, alleging that they would not go to be slaughtered by the regulars, who would have this country in a month's time. That thereupon he went to Arnet Wormer's, where there were about one hundred who engaged not to go up, nor to injure any person ; but if the rangers or militia of Albany came against them, they would resist them. They then agreed to keep scouts in the roads and that they should notify each other upon any alarm. That besides the above persons, Frederick Wor- mer, Frederick Cransie, John Commens, were at the meet- ing ; that the views of those people, when assembled, was to hold out until the regulars should come, and then join them ; that Arnet Wormer was to direct one of the parties, Bat Hallenbeck another, and Frederick Oliver the third party. The said John Lang being further examined, stated that there were present in the above company George Swan, Peter Classe, Peter Bradt, Staats Bradt, Wouter and George Slingerlandt, Storm Bradt, Myndert Bradt, Garret Bradt, John Commens, (a principal,) Jaco- bus Oliver, Jacob Ball a captain of Beaver Dam, (which latter he has heard to declare he would not go up all,) Henry Warner, Jacobus Houghtaling, Johannes Sager, Adam Sager, Jellis Creeble and John Wedewman. " We proceeded to examine Myndert Bradt, who ap- peared to be an ignorant lad of about seventeen years of age ; he not being sufficiently candid, was thereupon re- manded to jail. " We then received from General Schuyler a letter of the 29th of October, dated at Saratoga, in answer to that of yesterday, acquainting your committee that he had ordered Col. Dayton's regiment to prosecute their march to the northward, and that about 400 of the militia were ordered to march from Fort Edward to Tryon county, to be under the command of Genl. Herkimer or Colonel Van Schaick, Avho he had ordered into that quarter with the two compa- nies of his regiment. " Mr. Avery, the deputy-commissary-general, was im- mediately made acquainted with this movement, that he might be ready to furnish these troops with provisions. Capt. Bradt was ordered to march with his company of rangers into Tryon county, and to put himself under the command of Colonel Van Schaick ; and Capt. Hager, with the party of militia under his command, was directed to re- turn to Schoharie, and hold themselves in constant readiness to march at a moment's warning to the defence of the west- ern frontiers, whenever they shall receive orders from Co- lonel Van Schaick, that they may contribute with the rest of their fellow citizens, who are now in arms to the utmost of their power in the defence of the rights and liberties of their country. " On the 30th of October, your committee addressed a letter to General Herkimer, advising him, that although they considered the information of an intended irruption of the enemy in that quarter to be such as not to be fully re- lied on, yet it was possible they might send small scouting parties, as a great force cannot come at this season ; and as to the twenty-two nations of Indians, it is too improba- ble to deserve the least credit. " We could not help expressing our surprise, that at a time when the militia are all called out for the defence of our country, invaded on the north and south, that the mili- tia of a county which had hitherto been respected for its zeal and spirit, should entertain the most distant idea of submitting to their inveterate enemy, and that too before they had seen or tried their force. We took the liberty to remind him that there is already in that county, exclusive of their own militia, 743 men, which, when joined by the troops under his command, would, we apprehend, be greatly superior to any force the enemy could send. We informed the General we had, however, sent him two companies of Continental troops, under command of Colonel Van Schaick, with whom we wished him to consult about the proper dis- position of the troops, and also one company of rangers, and that General Schuyler had ordered to their assistance 400 men of the militia : these would cross from Fort Ed- ward. We added : ' These are sent in compliance with your wishes, though we really think them unnecessary if the people of your county will exert any degree of that spi- rit which we have reason to expect of men animated by the glorious cause in which they are engaged. We doubt not but that you will be careful to inspire them with proper sentiments on this subject. It would be advisable for you to order 100 of your militia, who will be rewarded for their services, to be raised, equipped and sent to their proper stations ; in which case they will be allowed Continental pay and rations. Capt. Hager, with 50 men of the Scho- harie militia, are now sent home, and have orders to hold themselves in readiness at a moment's warning, whenever you may think it necessary to call upon them. You will be careful to keep out scouts on every quarter, who will be rewarded for their trouble.' " Your committee then addressed a letter to Genl. Schuy- ler, suggesting, in case of an invasion from the west, which was very probable whether it would not still be prudent to detain Dayton's regiment at Fort George, so that they might be in readiness to proceed to Ticonderoga, or the western frontier, as the progress of the enemy might ren- der necessary ; also communicating the orders given to Col. Van Schaick, Capt. Bradt and Lieutenant Hager and Genl. Herkimer ; and that Colonel Van Ness's detachment of 140 men were to be detained under his command for town duty, leaving Lieut. Conyer, who is one of our re- cruiting officers, to assist and advise Col. Van Ness in the conduct of his department, on account of his inexperience in the military line. We also communicated the result of the expedition to Hellebergh, and certain intelligence from Ma- jor Ford, received by him from Hendrick Hoff, who pre- tends to be a deserter from General Carlton, that would countenance the belief that we might hourly expect an irruption into the eastern frontier by the tories, Canadians and Indians, under command of Sir John Johnson. We also informed the General that nothing before us would warrant a longer continuance at Albany, especially as our assistance was much wanted in Convention. The military arrangement which is so essential, being delayed until our return to Fishkill. " On the 31st of October your committee received a let- ter from General Schuyler, by express, in answer to the one addressed to him the preceding day, in which he men- tions, that by information received from Colonel Ogden, who left Ticonderoga on the morning preceding, there were not more than 200 tents at Crown Point, consequent- ly Genl. Carlton has only a small part of his army there ; this circumstance, the information of Hoff, and the move- ment of the tories in this quarter, induced General Schuyler JOURNAL OF THE COMMITTEE OF SAFETY. 703 to suspect that the enemy intends to penetrate by the Mo- hawk river or throw themselves on some part of the com- munication between Saratoga and Fort George ; it be- came difficult to say what measures would be most eligi- ble, but that he will venture to send down part of the mi- litia. Dayton's regiment being already near Skeensborough and his men extremely averse to return to Tryon county, he therefore earnestly entreated us not to leave Albany at so critical a juncture. He also informed us that he would despatch an express to General Gates to request him to send a scout of 40 or 50 men to the westward, and if he finds that any body of the enemy have marched to the Mohawk river, then instantly to despatch three regiments to that quarter, or more, according to the number of the enemy that may have taken that route. That similar or- ders would be sent to Genl. Ten Broeck and Colonel Gan- sevort that we might thus have the more early and most certain intelligence of the enemy's movements, and be en- abled to take proper measures to defeat their purposes. " The despatches which General Schuyler enclosed for Colonel Van Schaick and Major Cochran of Tryon coun- ty, were immediately forwarded to them by express. " Your committee on the same day received a letter from Colonel Whiting giving an account of Kings district and referring to the affidavits of Peabody and Allen, taken before John Younglove, Esqr. chairman of the commit- tee of Bennington, copies whereof were sent to the Com- mittee of Safety by the committee of Albany, and referred to your committee on the 23rd of October ; from which examinations it appeared that Isaac Peabody and Samuel Allen called at the house of Seth Chase, at Little White Creek, on the 12th of October. Suspecting from some observations they heard that Chase was disaffected, they feigned to be of the same sentiments pretending they came from Kinderhook, and were offered lodgings and conceal- ment on the suggestion of a Mr. Hough, which they de- clined ; they asked Mr. Hough whether they had seen any of their Kinderhook friends or whether it was practi- cable for them to get through northward to Burgoyne's army. Hough said no, but there was a much safer way of making their escape, for there were 80 men from Arling- ton and Sinderland who were to march the next night ; that there were two of the King's armies coming down ; Burgoyne was tocome round the Lakes and Sir John Johnson down the Mohawk ; it would be best for the Kinderhook tories to join the latter, which they could meet in three days, and be out of danger; which opinion Hough^said he would communicate to the tories at Kinderhook, That while at Chase's they were advised not to go to Cam- bridge, or they would be taken up, for the people there were as fierce as the devil, and would have ruined the dis- affected at White Creek but for the friends they had in the committee. Hough stated that most of the neighbourhood were disaffected ; that they had a meeting at Chase's and determined to march off and join Burgoyne on the 13th. Samuel Allen went to inform the committee of Cambridge of what had passed, while Capt. Peabody returned to Chase's to gather further intelligence, and inquired for Hough, and was told by Chase that Hough had communi- cated to him the substance of the conversation the preced- ing night ; that he had certain intelligence that Burgoyne with his army was coming round the Lakes ; that Col. Mann had sent a page to Arlington, who was at his house the night of the 11th on his return, and told that the Colo- nel's orders to the people of Arlington were, to remain quiet, unless their intentions were discovered, until further orders from him ; for he found from intelligence from Bur- goyne he would not get through his march so soon as he expected ; but if discovered, to make the best of their way to him. The page also stated that the people of Ar- lington had made such preparations for their march that they could not postpone it without being discovered, and would therefore march that night ; he also said that the people of White Creek are secure ; they would not march until further orders from Colonel Mann. He likewise said that Colonel Mann had 12 fat oxen for the purpose of vic- tualling the friends of Government on their march to join the King's army, and others had several more for the same purpose ; and on inquiring by what plan our Kinder- hook friends could get safe to the King's army, he told me Colonel Mann had given countersigns at two places, and if these countersigns could be conveyed to our friends they could pass safe and obtain all necessary intelligence. He then produced a paper and handed it to me, saying now I give you my life. The contents of said paper were these : At Landlord Northrop's the countersign is ' Tryon ;' at Jacob Lawing's ferry the countersign is ' Burgoyne ;' upon the giving of which countersigns he said at those two places, we could be secreted, have provisions, or helped on our way, or any thing we desired, to forward us. " That Simon Covill was a great friend to government, and thus examined, need not fear him. While the friends of government were on their march to join Burgoyne, it was directed by Colonel Mann that in the day time they should keep the woods, and in the night time to take the road ; to go 20 in a body a mile distant from each other, and before each detachment a scout, to be placed distant in the ad- vance about 10 rods, to give notice of persons approaching in front, and the rear guard in like manner, to notify the approach of pursuers, in which case the parties to skulk into the wood. " Your committee perceiving from the last intelligence received from General Schuyler, that probably no attack would be made on Ticonderoga, it strengthened the appre- hension of an invasion of our western frontiers. In such case, the defenceless situation of those frontiers would be lamented by those probably who judge only from events — convinced that an inexperienced militia cannot be relied on, especially when their fears may be excited on account of the Indians. Under those difficult circumstances, increas- ed by General Gates' importunity for Dayton's regiment, though all the Continental troops (two companies only ex- cepted,) were already at Ticonderoga, and on the com- munication we could easily account for the embarrassment of General Schuyler, in which we participated, and by a letter of the 31st of October, we communicated our reflec- tions on the subjects, and advised him of the intelligence received of Peter Ten Broeck, and the four other disaffec- ted, who have lately gone over to the enemy from Tryon county, being pursued by a party of the Oneidas, until those friendly Indians were given to understand by the Onondagas that it was disagreeable to them, and that the Oneidas should suffer if they did not desist. We submit- ted to the General whether it would not be proper for him to send a spirited message to the Onondagas by Major Fonda, or such other manner as he might judge best, com- plaining and demanding satisfaction for this unprovoked infraction on the treaty, and insisting peremptorily to know whether they are to be considered as enemies or friends, that they might be treated accordingly, which would at least show a vigilant attention to their conduct, and contempt of their enmity; which, if it should not con- vert, might intimidate and keep them in awe, not to mention the necessity of our being apprised of the terms we stand upon with a neighbour, who in proportion to the measure of our deception, would be able to injure and distress us. " We also communicated the intelligence from King's district, and the reports from the south east end of Rens- selaerwick, from which it would seem that the disaffected were about to collect and to march to the northward, under the disguise of militia, and friends to Congress, until they could be met by the Canadians and Indians, who would conduct them to the enemy, or until they could reach Fort George, which they would seize and hold for the enemy, which accounts, though probably greatly exaggerated, sug- gest the necessity of our being on our guard. The Gene- ral was at the same time apprised that previous to the receipt of his letter containing a request that your commit- 704 JOURNAL OF THE COMMITTEE OF SAFETY. tee should continue in Albany, that Robert R. Livingston had set out on his return, and as that part of the committee for arranging the army which were to the southward, have got back to Fishkill, we considered ourselves under the necessity of joining them, and considering the nature of our powers, which respected chiefly the militia, which were now all in motion, we could not perceive that our stay in Albany would be serviceable. " Your committee then addressed a letter to Colonel Whiting, informing him that they had ordered Col. Robt. Van Rensselaer with 150 of the Clavarack militia, to march into King's district, and requesting that as Col. Van Rens- selaer's detachment would be much wanted for an impor- tant service in another quarter, that he might be detained no longer than the safely of the district and the condition of the disaffected rendered absolutely necessary. Those vigorous measures it was expected would convince our in- ternal enemies both of our vigilance and power, and inti- midate the disaffected, and induce them to disperse, so that a guard of 40 or 50 men kept in constant motion, would be sufficient to protect and preserve tranquillity in that district ; and being assured by the messenger, Mr. that so many could be armed in the district, it was recommended to Colonel Whiting to embody them accordingly, it not being in our power to furnish either arms or accoutrements. " Colonel Van Rensselaer was at the same time request- ed to march his detachment to Albany, as speedily as the condition of the disaffected, against whom he was employ- ed, would possibly admit. " By the return of the express on the 1st of November, your committee received your letter of the 29th ulto. en- closing copies of certain resolutions adopted for providing provisions for the northern and southern armies, together with a copy of a letter from Tench Tilghman from Head- Quarters. " Your committee, approving said resolutions, and in or- der to give them efficacy in the northern department, "Resolved, That an agent be appointed and empowered ' to purchase wheat for the use of the Continental army, and that he cause the same to be manufactured into flour, and transported to such places where the same may be ma- nufactured, with the utmost despatch. " 'Resolved, That if any shall so far disregard the safe- ty and preservation of this country, as to refuse to dispose of their wheat or other commodities necessary for the army on reasonable terms, (which the committee have no cause to apprehend,) that the names of all such persons be forth- with returned to the Committee of Safety or Convention of this State, in order that proper measures may be devised for preventing the public interest from being sacrificed by the disaffection or rapacity of individuals. " 'Resolved, That such agent, if necessary, be autho- rized to impress divers wagons, teams or carts, or other carriages, for the purpose of executing, with the utmost despatch, the resolutions of this committee.' " These resolutions your committee immediately enclos- ed to Mr. Avery, deputy commissary for the northern army, at the same time expressing their readiness to assign him as agent fully authorized to carry the same into effect, so far as relates to the purchase and manufacture of wheat with vigor and despatch ; adding, that if he could suggest any measure more effectual, or stand in need of further ad- vice or support, respecting his department, we would cheer- fully assist him. It being our determination and intention to leave nothing undone which, at this arduous conjuncture, might contribute to the important purpose of supplying the northern army with provisions. " On the 2nd of November, Capt. Lush furnished your committee with a copy of a letter, dated at Ticonderoga, on the 20th October, 1776, from Joseph Trumbull, Esqr. Commissary-General, to the committee of Bennington ; also a copy of a letter from James Yancey, deputy com- missary, to the said committee, of the same date, being the letters referred to in the information communicated by Dirck Swart, on the 28th of October; which copies the committee of Albany county had requested Capt. Lush to procure. Mr. Trumbull observes : " ' The late success of the enemies of American liberty on this lake, render it probable, I might say certain, that this post will very soon be attacked ; in that case, as the enemy may perhaps attempt a blockade rather than an im- mediate attack on our lines, a large supply of provisions will be absolutely necessary ; you are therefore requested, gentlemen, to lend all the assistance in your power, in for- warding provisions of every kind from Bennington to this place, by way of Skeensburg. The badness of the road may render it necessary to send flour on pack horses in bags ; if no other method is practicable, make use of that ; regard not the expense. Mr. Yancey, deputy commissary- general, has the General's orders to pay every necessary expense and charge that may arise.' " The letter of Mr. Yancey was in these words : " 'This is to inform you, that in consequence of a num- ber of disaffected persons (in and about Albany) to the common safety of this Continent, there is great danger of a too long delay of the contracted provisions for this army from that place, and in particular the article of flour, and that we have not more than will answer for bread for the army at present than about sixteen days. And as the advances of the enemy may be but slow, and in order for a blockade, and to cut off all communications to this place, all which makes it of the utmost consequence that we have an im- mediate supply, and as I am appointed and empowered to act and contract for every necessary provision for this de- partment by the Commissary-General, Joseph Trumbull, Esqr. I thought it of the utmost importance to make this pressing application, that you would contract and immedi- ately forward to Skeensborough Landing, all the flour that can be purchased, for the army in the northern department; and relying, gentlemen, on your public patriotism to serve your country, I make not the least doubt that you will com- ply with this request. I will furnish you, from time to time, with the Continental currency, as fast as my present hurry of business will permit ; and beg you will forward me your answer immediately, how much you will be able to supply me with, and in what time, so that I may be able to satisfy the Commander-in-Chief at this place with this very important business.' " On reading whereof, it was agreed to send for Mr. Avery, in order to be informed whether he had given in- formation to Head-Quarters at Ticonderoga, that would jus- tify the reflections against the county of Albany, contained in the letter of Mr. Yancey, and also to know his reasons for not answering our letter of yesterday. Mr. Avery was accordingly called in, and said he would have waited on your committee before, but being much engaged was prevented. That he expects and has received considerable quantities of provisions. He was then told that the committee were ready to give him their assistance, and that no exertion in the power of this State would be wanting to supply the army ; and that if he could point out any thing that would be ser- vicable, it should be taken into consideration. He answered that he would choose that an agent should be appointed agreeable to our proposal, to purchase wheat for the ma- nufacturing 1000 barrels of flour; that he would also be in want of coopers. Whereupon the committee showed him the resolutions of Convention of 29th October, respecting the exemption of coopers from military duty, and that your committee had already acquainted the Committee of Al- bany with said resolves, and requested them to recall the coopers already. " He also said that he wanted about 1000 bushels of peas ; that he does not know that he has met with any ob- structions in transporting the provisions. That the com- mittee of Albany had promised him all the assistance in their power ; but that when he was in want of wagons when the militia were called out, he could not get ready ' assistance, though he does not know but that the commit- JOURNAL OF THE COMMITTEE OF SAFETY. 705 tee did all in their power to assist him. That he has made no complaints to General Gates, but that he has wrote to the commissary that there was a difficulty in getting wa- gons because the militia were called up that way. Mr. Duane, one of your committee, thereupon read to him Mr. Yancey's letter to the committee of Burlington, as also Mr. Trumbull's letter to the said committee. " Thereupon he was asked from whom this information could be derived. He said he had never given the commis- sary any other information respecting the want of wagons or the obstruction of the transportation, than what he be- fore related, and particularly that he had laid no blame to the inhabitants of the county of Albany ; that the commit- tee of Albany had always behaved genteelly to him, and have readily offered their services to assist him. That the interruption of transporting provisions occasioned by the calling out of the militia continued for a short time only. " Whereupon your committee declared that as nothing would work a greater prejudice to the public service than sowing the seeds of jealousy and distrust at such a criti- cal juncture, the committee should think it their duty to make the strictest inquiry into Yauncey's letter and infor- mation, and the motives which induced him to write it; for that as on the one hand they would have taken care that any person that might have been guihy of obstructing the transportation should be punished with the utmost severity, so it was equally their duty if the charge in that letter was groundless to have it publicly exposed ; that the ill impres- sions which it had occasioned might be removed, and for this purpose they must request Mr. Avery, if he could do it consistently, to furnish the committee with extracts or copies of such letters as he has lately sent to Ticonderoga upon the subject of transporting provisions either to Ge- neral Gates, or the commissary there. He answered that he would, and thereupon withdrew. " In the afternoon of the same day he again waited on your committee and acquainted them ' that he had not kept copies of the letters which he had lately sent to Ti- conderoga.' 1 " Your committee having at their first interview with Mr. Avery inquired what quantity of provisions the deputy com- missary-general had delivered over to him when he entered upon his office, answered, a ' sufficient quantity of beef though but little flour.' Your committee thereupon directed Walter Livingston, Esqr. the late deputy commissary to lay before them a return of the flour delivered over by him to Mr. Avery, which he accordingly did ; by which it appears the quantity so delivered over amounted to 14 tierces and 16 barrels of bread, 54 Connecticut barrels and 3,209 New-York barrels of flour, being 59 days' rations for 11,000 men. " At the interview with Mr. Avery on the 2nd of No- vember, the said return was produced to him which he perused. " General Schuyler having arrived in Albany, after con- ferring with him respecting the situation of Tryon county, it was "Resolved, That General Schuyler be requested and au- thorized to issue his orders to the commanding or other officer in Tryon county, in case the enemy should invade the western frontier of this State, to cause all the cattle, sheep and swine and provisions which may be exposed to their rangers, to be driven in and secured, and if that shall not be practicable, destroyed ; that at all events they may not fall into the hands of the enemy ; and for this purpose they be empowered to impress horses and carriages. " Your committee also conferred with General Schuyler respecting the state of supplies for the northern army, and among other things, inquired of him whether the transpor- tation of provisions had been obstructed by the calling out of the militia, or from any other cause. " In answer, the General informed your committee that the militia being attended with a great number of baggage wagons, he had immediately given orders for detaining and 177 employing those carriages on the communication ; that he had further ordered all the militia of Half-Moon district who chose, to be excused from military duty, on condition that they would assist with their teams in transporting pro- visions, which a great number of them accordingly did ; that in consequence of these measures, the transportation, instead of being obstructed by calling out the militia, had been greatly facilitated ; that he had never heard, nor did he believe that the transportation had met with the least obstruction from any cause whatever, but on the contrary, that provisions had been carried forward as soon as they were ready to be delivered by the commissary ; that during the present struggle, he had experienced so much readi- ness in the inhabitants of the county of Albany to assist in the transportation, that he had in no instance been under the necessity of impressing a single carriage. " On the 3rd of November, your committee adopted the following resolution, vizt : " ' Resolved, That Cornelius Cuyler and Peter Cantine, be, and they are hereby appointed agents to assist Mr. Avery, agreeable to his request, in purchasing wheat and manufacturing the same into flour, to the amount of about 1,000 barrels, and also purchase 1,000 bushels of peas; and that they acquaint Mr. Avery from time to time of their proceedings, and take his directions as to the dispositions of the said provisions, and to apply to him to furnish them with money for that purpose.' " Resolved, That this Committee of Safety do fully ap- prove of, and justify the proceedings of the said committee. Resolved, That that part of the report of the said com- mittee which relates to Mr. Yauncey's and Mr. Trumbull's letters, together with all their other transactions relative to the purchase of or transportation of provisions, which is contained in their report, be committed to a committee con- sisting of Mr, Robert R. Livingston, Mr. Robert Yates, and Mr. Duane. Wednesday, 9 ho. P. M. Novr. 6, 1776. The Committee met pursuant to adjournment. Present — P. Van Cortlandt, Esqr. Prest. Col. Brasher — New-York. Mr. Little, Col. Allison, Mr. Jos. Smith — Orange. Mr. Adgate, Col. Van Rensselaer, Mr. A. Yates — ilbany. Mr. Newkirk— Tryon. Mr. W- Smith— Suffolk. Col. G. Drake, Judge Graham, Col. Van Cortlandt — Westchester. Mr. Contine— Ulster. Mr. R. R. Livingston— Dutches. Capt. Patrick Dennis's request for the advance of five hundred pounds on account of the vessels by him purchas- ed, and the moneys he has advanced for the purpose of obstructing the navigation of the East river, was taken into consideration : Thereupon, Ordered, That the Treasurer of this State pay to Cap- tain Patrick Dennis the sum of five hundred pounds, on account of the moneys that have become due him in pur- suance of the directions for obstructing the East river na- vigation. Comfort Sands, Esq. Auditor-General of this State, by his certificate dated yesterday, has certified that he has examined the account of Peter T. Curtenius, Esqr. Com- missary to the Convention of this State, commencing the 12th day of June last, and ending the twenty-fourth day of October last, as also his several vouchers accompanying it, all which he finds just and true; and that the sum of nine thousand, two hundred and ninety-three pounds fif- teen shillings and five pence is the balance due him. Ordered, That the Treasurer of this State do immedi- ately pay to the said Peter T. Curtenius, on his receipt, the said sum of nine thousand, two hundred and ninety- three pounds fifteen shillings and five pence, in full for the balance due to him the said Peter T. Curtenius, to the said twenty-fourth day of October last included. 700 JOURNAL OF THE COMMITTEE OF SAFETY. THURSDAY MORNING, November 7 th, 1776. The Committee met pursuant to adjournment. Present — Col. Van C or l la mil. Vice-Prest. Col. Brasher — New-York. Mr. Landon, Mr. R. R. Livingston — Dutches. Mr. A. Yates, Mr. Adgate, Col. Van Rensselaer— Albany. Mr. Smith, Mr. Miller— Suffolk. Mr. Newkirk — Tryon. Mr. Contine — Ulster- Col Allison, Mr. Little -Orange. Col. Curtenius attending, informed the Committee that he stands indebted in large sums of money by contracts made for the purchasing of clothing and other articles, as Commissary of the Convention of this State, and pursu- ant to their order ; that many of the accounts he has not yet received, and therefore requested a sum of money on account. Ordered, That the Treasurer of this State advance to Peter T. Curtenius, Esquire, on account, the sum of five thousand seven hundred and six pounds four shillings and seven pence, taking a proper receipt for the same. A letter from Comfort Sands, Esquire, Auditor-General, dated yesterday, enclosing an account of arms and accou- trements delivered by Mr. Norwood, the commissary to General Scott's brigade, and for which stoppages were to be made out of the pay of the men who received them, was read. Ordered, That a copy of the said account be sent to Ge- neral Scott without delay. A letter from Tench Tilghman, Esqr. dated the 5th inst. to the committee of correspondence, giving intelli- gence of the army, was received and read. The following resolutions, moved by Robert R. Living- ston, Esqr. were read and agreed to, vizt : As great abuses are daily committed in the granting of passes without sufficient examination, to persons inimical to the State, in order to remedy the same as well as to prevent and detect counterfeit passes, Ordered, That every county committee throughout this State appoint two judicious men of known attachment to its interest in each precinct, manor or district, who shall grant the passes hereinafter mentioned, to such persons only of whose principles they shall be fully satisfied. Ordered, That four thousand passes be printed, leaving a blank for the date, name, and place of abode of the per- son and the place to which he may proceed. That they be signed by either of the Secretaries of the Convention of this State, and sent to the several counties to be lodged in the hands of the commissioners above mentioned. Ordered, That when any person shall apply for a pass, the blank in the same shall be filled up with his name in the handwriting of the person so applying, and the com- missioner granting shall endorse the same. Resolved, That from and after the twentieth day of this month, no person be permitted to travel out of the dis- trict, manor or precinct in which he usually resides, un- less he comes from some other State and brings a pass from the same ; without such a pass as above described, or such as may be granted by the Convention or Commit- tee of Safety of this State, but shall be liable to be ar- rested and detained by any member of either county, dis- trict, manor or precinct committee or any military officer, till discharged by order either of the committee of the dis- trict, manor or precinct in which he was so arrested, or by the general committee of the county in which he is detain- ed. Resolved, That each commissioner be allowed the sum of six pence for every pass which he shall grant, to be paid by the person applying for the same. Ordered, That two hundred copies of these resolutions be printed in handbills, and a number of them transmitted to each county committee in this State, who are hereby directed to transmit copies thereof to the several district, manor and precinct committees within their respective counties. A letter from General Scott, dated the 5th instant, and di- rected to the Convention, giving an account of the state and movements of the army, and recommending Major Fish for a commission on the establishment, was read and re- ferred to the committee of arrangement. A letter from Col. Malcolm to Mr. McKesson, recom- mending several of his officers for commissions on the establishment, was received and read. Referred to the committee of arrangement. Thursday Afternoon, Novr. 1th, 1776. The Committee met pursuant to adjournment. Present— Col. Van Cortlandt, Vice-President. Mr. Duane, Mr. Brasher — New-York. Col. Van Cortlandt, Col. Drake — Westchester. Mr. Adgate— Albany. Col. Allison, Mr. Little — Orange. Mr. Smith, Mr. Miller— Suffolk. Mr. Contine — Ulster. Mr. Newkirk — Tryon. Mr. Landon, Mr. R. R. Livingston — Dutches. A letter from Ebenezer Hazzard, enclosing sundry news- papers containing plans of government, was received and read. A letter from Tench Tilghman, Esquire, dated yester- day, informing the Committee of the enemy's army being moved towards New-York. A letter from Gerard Bancker, Esqr. dated this day, re- questing that some person may be appointed to take charge of the treasury books and papers until the Treasurer shall appoint some person in his stead, was read. Ordered, That the same be referred to Messrs. Duane, Robert R. Livingston and Col. Drake. A letter from Comfort Sands, Esqr. Auditor-General, dated this day, relative to his having power to take with him to Philadelphia all the accounts, with the vouchers, and a discretionary power to settle the Continental accounts in the best manner he can, was read. Ordered, That the same be committed to the same committee as Mr. Bancker's letter, with the addition of Mr. Roosevelt. FRIDAY MORNING, Novr. 8th, 1776. The Committee met pursuant to adjournment. Present — Col. Van Cortlandt, V. Prest. Col. Brasher, Mr. Roosevelt, Mr. Duane — New-York. Col. Van Cortlandt, Col. Drake, Judge Graham — Westchester. Mr. Adgate, Mr. Cuyler, Mr. R. Yates, Col. Van Rensselaer— Alba- ny. Mr. Landon, Capt. Piatt, Mr. R. R. Livingston— Dutches. Mr. Smith, Mr. Miller— Suffolk. Mr. Duer— Charlotte. Mr. Newkirk — Tryon. Mr. Contine, Col. Dewitt— Ulster. Col. Allison, Mr. Jos. Smith, Mr. Little— Orange. Resolved, That this Committee will pay wages and the value of their rations remaining due to such of the officers and men belonging to Col. Smith's regiment as are now actually within such parts of this or the neighbouring States, as are not in the possession of the enemy, for the time they have respectively been in service. Ordered, That a copy of the above resolution be served on Lieutenant-Colonel Sands, and that he be directed to procure muster rolls to be returned to this Committee or Convention of this State, under the oath of the officers commanding companies, containing the names of those JOURNAL OF THE COMMITTEE OF SAFETY. 707 men only who are now within such parts of this or the neighboring States as are not in the possession of the ene- my. Resolved, That the President, Vice-President and the chairman of each respective county committee in this State be, and they are hereby, empowered to administer such oath. Mr. Duer informed the Committee of Safety that the committee for detecting conspiracies have in custody a per- son who they have reason to believe is an officer of the Savage ship of war, and who has been engaged in enlisting men to serve in the army of Great Britain against the American States. Mr. Duer requests the sense of the Committee whether the said prisoner ought not to be sent to Head-Quarters to be tried by law martial. Resolved, (as the opinion of this committee,) That the committee of conspiracies, &c. do cause the said prisoner to be conveyed, under a proper guard, to the American camp in Westchester county, and that they transmit to His Excellency General Washington all examinations and wit- nesses relative to the said person. Resolved, That Henry I. Van Rensselaer, Esq. be, and hereby is, appointed commissioner to superintend the loan office in this State, for the purpose of receiving money on loans on the credit of and for the use of the United States of America, pursuant to the resolutions of the Honourable the Congress of the said State, passed the third day of Oc- tober last past. Whereas His Excellency General Washington hath directed that barracks, for the accommodation of two thou- sand men, should be erected at or near this place : And whereas it hath been represented to this Committee, in the report of the Quarter-Master-General, that as boards are exceedingly scarce and a sufficient number cannot pos- sibly be procured for all the barracks that will be wanted for the winter quarters of the army, it will be necessary to build those barracks with mud walls : And whereas the season proper for this business being almost expired, it is requisite a number of men should be immediately employ- ed in order that the barracks may be finished with expedi- tion : And whereas application hath this day been made by William Duer, Esqr. superintendent for building the said barracks, to this Committee, for one hundred men of the militia of this county, to labour in constructing the said bcirr¥ork. R. R. Livingston. Mr. Schenk, Mr. Piatt— Dutches. Mr. Adgate — Albany. Mr. LitUe, Col. Allison — Orange. Mr. L'hommedieu, Mr. Miller — Suffolk. Col. Drake — Westchester. Mr. Contine, Major Parks— Ulster. Mr. Newkirk — Tryon. An account of Gerret Roorback, of the city of New- York, for his disbursements for sweeping the chimnies of the houses wherein the Continental soldiers were quarter- ed ; as also for his wages, and that of his clerk and two assistants, was presented to the Committee. Ordered, That Mr. Roorback be directed to apply to the Barrack-Master-General for a certificate that the said Mr. Roorback has acted as barrack-master, and that his two assistants and clerk have under him acted in that de- partment, and that he believes the said account to be just and true. That the said Gerret Roorback do present the said account to the Pay-Master-General for payment, and that on his refusal to pay the same, and to certify such re- fusal, that Mr. Roorback do return his said account, with proper vouchers, to the Convention or Committee of Safe- ty of this State. Mr. Roosevelt from the committee appointed yesterday to examine the account of expenses and disbursements of the committee appointed to repair to Albany to form an ar- rangement of officers, and the committee appointed to co- operate with General Schuyler, reported that they have examined the same and find it just. Ordered, That the said account be delivered to the Au- ditor-General, and that the balance remaining in the hands of the said committee be paid into the Treasury. Ordered, That the Treasurer of this State do pay unto Mr. Garrit Roorback the sum of four pounds for riding ex- press to Albany with public despatches to General Schuy- ler, and that the same be charged to the Continental account. Mr. L'hommedieu presented to the Committee a certi- ficate in the words following, vizt : " In Committee, ) " Southold, Augt. 1776. \ " These certify that the committee of Southold have expended twenty-four pounds seventeen shillings and four pence, in mounting four cannon as field pieces for the pro- tection of the east end of Long island. " By order. " ROBERT HEMPSTEAD, Chairman." Mr. L'hommedieu informed the Committee of Safety 712 JOURNAL OF THE COMMITTEE OF SAFETY. that the said cannon arc now at Saybrook. That the can- non at Saybrook belonging to this Stale are, 1 12-poundcr, 4 6-pounders, 1 4-pounder, and 1 3-pounder. Ordered, That Mr. L'hommedieu and Mr. Gelston, or either of them, be and hereby are authorized to sell and dispose of the said three-pounder, and apply the amount of sales to discharge the said twenty-four pounds seven- teen shillings and four pence, and render an account of the sales to the Convention or Committee of Safety of this State. DIE JOVIS, 4 ho. p. m, Novr. 2lst, 1776. The Committee met. Present — P. Van Cortlandt, Esqr. Vice-Prest. Mr. Duane, Col. Brasher, Mr. Dunscomb, Mr. Harper, Mr. Jay — New-York. Mr. Adgate, Mr. R. Yates, Mr. Cuyler— Mbany. Major Lockwood, Col. Van Cortlandt, Judge Graham — Westchester. Mr. W. Smith, Mr. L'hommedieu— Suffolk. Mr. Wisner — Orange. Colo. De Witt— Ulster. Mr. Piatt, Mr. G. Livingston, Major Schenk— Dutchess. Major Webster, Mr. Duer— Charlotte. A letter from General Washington, dated the 16th inst. was read, and is in the words following, that is to say : " General Greene's Quarters, Novr. 16th, 1776. " Gentlemen — I do myself the honour to transmit to you a copy of sundry resolves of Congress which came to hand yesterday evening. By these you will perceive that they have entered into some new regulations respecting the enlistment of the new army, and reprobating the mea- sures which I presume you have heard, have been adopt- ed by the State of Massachusetts Bay for raising the quo- ta to be furnished by them. My view in doing this, is to inform you of their sense upon this subject, and that they will admit of no departure from the terms they them- selves have heretofore published, except in the instances mentioned in these resolves. They are plain and explicit, and I will take the liberty to add, should form a part of the instructions to be given to the officers who may be appoint- ed to recruit. " I would also beg leave to observe that the necessity of raising the new army, becomes more and more urgent, and is such as calls for every possible exertion to effect it. The Congress convinced of this, and seeing the delays of some of the States in carrying the resolves recommended to them into execution, have empowered and requested me to nominate officers to the regiments of such States as have not sent commissions to the army for that purpose ; as this is a matter in which I would not wish to interfere at this time farther than compelled by their direction and the situ- ation of our affairs, I shall be happy to know what pro- gress you have made in this instance, and whether the ar- rangement for your regiments is completed. If it is not finished, let me entreat you to do it as speedily as possible; the necessity is obvious, and must be felt by every one. Till the officers are appointed, no measures can be pursued for enlisting the men. If the bounty allowed by Congress could be paid down, it is more than probable it might in- duce many to engage more willingly. Under this idea, I shall be ready to advance to such officers as you appoint to the command of the regiments, upon your requisition, such sums of money as may be sufficient for that purpose, if provision has not or shall not be otherwise made by Con- gress for the same. " I am sorry to inform you that this day about 12 o'clock, the enemy made a general attack upon our lines about Fort Washington, which having carried, the garrison retired within the fort. Colonel McGaw finding there was no pros- pect of retreating across the North river, surrendered the post. We do not yet know our own loss or that of the enemy in forcing the lines, but I imagine it must have been pretty considerable on both sides, as the fire in some parts was of long continuance and heavy ; neither do I know the terms of capitulation. The force of the garrison before the attack, was about 2,000 men. " I have the honr. to be, with great respect, " Gentlemen, your mo. obt. servant, "GO. WASHINGTON. " Convention of New-York." A letter from Jacob Garrigue, at Peekskill, dated Novr. 14, 1776, and directed to Colo. Brasher, was read. It informs that there is no sheet iron at Peekskill; that there is about half a ton at North Castle, under the care of Mr. Brower, which may supply pipes for stoves, now casting by order of this Committee at request of General Schuyler. A letter from Robert Boyd, dated the 18th Novr. di- rected to P. Van Cortlandt. He acknowledges that he has received a letter from the Vice-President, relative to the distressed Continental troops raised and returning to New- Jersey, who are now at New-Windsor ; he will assist, or endeavour to lend his aid in forwarding the said troops to New-Jersey. A letter from T. Tilghman, Esqr. to Robert R. Living- ston, Esqr. dated at Hackensack, the 17th November, 1776. He therein mentions a heavy loss suffered yesterday by the loss of Fort Washington and its garrison, consisting of about two thousand men, chiefly made prisoners of war, and who were not slain in the action ; that the army was posted on that side from Newark to Amboy, as places easy of communication with each other, and through which the enemy must pass to Philadelphia or any place to the south- ward of their army. The committee appointed by the Convention to form an arrangement of officers for four battalions, pursuant to sundry resolutions of Congress, came into the Committee of Safety, and Robert Yates, Esqr. the chairman of that committee of arrangement, brought in the report, which he read in his place and delivered in at the table, where the same was again read ; the said report being then read by paragraphs, the Committee of Safety agreed to, and adopt- ed that part of the report which relates to a request of per- mission to raise a fifth battalion to be raised and command- ed by Col. D. Bois, and is in the following words, vizt: " The committee appointed for carrying into execution the resolves of Congress, relative to the new arrangement of officers, &c. beg leave to report, that in pursuance of the orders of the Convention, and agreeable to the direc- tions of the General Congress, your committee have com- pleted an arrangement of officers for the four battalions ordered to be raised in this State, which arrangement is annexed to report. " They further beg leave to report, that in forming the above mentioned arrangement, so far as the officers of Colo. Dubois's regiment were concerned in it, vour committee considered them as entitled to no other rank than what they held prior to their appointment in that regiment, which was done without the recommendation or intervention of the Convention of this State, contrary to the uniform practice in all similar cases, and in prejudice of other officers of higher rank and equal merit. " That your committee were constrained by those prin- ciples to omit Col. Du Bois's name in the present arrange- ment ; that Colo. Du Bois hath been well recommended to this committee as an exceeding good officer, capable of commanding a regiment with credit to himself and advan- tage to his country. " That from the quota of this State being assessed so low as four battalions, many good officers will be unpro- vided for ; that sundry applications have been made to your committee for commissions, by young gentlemen of fortune and family, whose services your committee were under the disagreeable necessity of declining to accept. " That your committee are clearly of opinion that an- f JOURNAL OF THE COMMITTEE OF SAFETY. 713 other battalion might be raised in this State, and they therefore earnestly recommend it to the Convention to use their influence with the General Congress to obtain their permission and order for that purpose ; and Colonel De Bois to command the said battalion so to be raised and to have the rank of fourth colonel of the New- York forces. *' That the officers whose names are contained in the annexed arrangement, have been well recommended to this committee as proper for the offices assigned them ; and that the committee have no doubt but that the troops under their command will do honour to this State. " And your committee further beg leave to report that the importance of military discipline is so obvious, and the honour and safety of this State so deeply concerned in the behaviour and conduct of their troops, that it is absolutely necessary that the most effectual means should be adopted for perfecting them in military evolutions and discipline. That a good part of this State being already possessed by powerful armies of the enemy, whose disposition and mo- tives will probably render it necessary to call those troops into immediate service, and to divide the battalions into de- tachments, it is to be apprehended that unless some extra- ordinary provision shall be made, many of the soldiers must be deprived of the opportunity of being taught their military exercises by experienced and capable disciplina- rians. " From these considerations your committee beg leave earnestly to recommend it to the Convention to request of the General Congress to commission, on their recommend- ation, an aid-major to each of the battalions of this State. The aid-majors to be appointed to be paid by this State and to hold such rank as they would have been respectively entitled to had they been provided for in any of the com- panies of the battalions of, or raised in, this State. "ROBERT YATES, Chairman:' The residue of the same report being read, it was Ordered to be recommitted to the same committee. Ordered, That a letter be written to the Honourable the Continental Congress, requesting their approbation of the resolutions for raising a fifth battalion in this State, to be commanded by Col. Du Bois, and another letter to General Washington requesting his countenance to that measure; and that the committee for arranging the battalions, pre- pare and report drafts of such letters. Ordered, That the Treasurer of the State advance, on Continental account, for the purpose of recruiting the four battalions of Continental troops to be raised in this State, the further sum of twelve thousand pounds, to wit, to Colonel Goose Van Schaick the sum of three thousand pounds ; to Colo. Phillip Van Cortlandt the sum of three thousand pounds ; to Colo. Peter Gansevoort the sum of three thousand pounds, and to Col. Henry B. Livingston the like sum of three thousand pounds, to enable them, the said colonels, to disburse the bounty money to their re- cruiting officers, each respective colonel to give his receipt to be accountable for the expenditure of the sum he shall receive by virtue of this order. DIE VENERIS, 10 ho. a. m, Novr. 22nd, 1776. The Committee of Safety met pursuant to adjournment. Present — Pierre Van Cortlandt, Vice-President. Col. Brasher, Mr. Dunscomb, Mr. Duane, Mr. R. Harper — New-York. Major Webster, Mr. Duer— Charlotte. Mr. Adgate, Mr. R. Yates, Mr. Cuyler— Albany. Mr. Wisner — Orange. Mr. L'Hommedieu — Suffolk. Col. Van Cortlandt, Judge Graham, Major Lockwood — Westchester. Col. De Witt— Ulster. Mr. Sackett, Mr. G. Livingston, Mr. Piatt, Major Schenk— Dutches. Mr. Newkirk— Tryon. 179 The committee appointed by the Convention to form an arrangement of the battalions raising in this State, brought in the residue of their report, which was yesterday recom- mitted. The same was read by Robert Yates, Esqr. chair- man of that committee, and delivered in at the table, where the same was again read, and being amended, was agreed to and adopted by the Committee of Safety, and is in the words following, that is to say : A List of Officers of four battalions to be raited in the State of New- York, arranged by a Committee of Convention of the said State, November 21st, 1776. 1st Battalion. 1. Goose Van Schaick, Esqr. colo. 3. Corns. Vandyck, Esqr. It. col. 2. Christr. P. Yates, Esqr. major. Peter T. Tears, adjt. Henry Van Woert, qr. master. Joseph McCracken, 1st capt. Leonard Bleccker, 1st lieut. John Dinny, 2nd lieut. John Wemer, ensign. John Graham, 2nd capt. Nichs. Van Rensselaer, 1st lieut. John Lansing, Junr, 2nd lieut. John Ten Eyck, ensign. Andrew Firick, 3rd capt. 19. Tobias Van Veghten, 1st lieut. 32. B. Van Velkenburgh, 2nd beut. 3. Abraham G. Lansing, ensign. 12. Ben. Hicks, 4th capt. 13. Charles Parsons, 1st lieut. 26. Samuel Thome, 2nd lieut. Wilhelmus Ryckman, ensign. David Van Ness, 5th capt. John Hooghhert, 1st lieut. Abm. Hardenbergh, 2nd lieut. Jacob H. Wendell, ensign. Samuel Van W r eght, capt. John E. Ten Brower, lieut. William Seuder, 2nd lieut. Peter S. Hoseboone, ensign. John H. Wendell, capt. A. Sherwood, lieut. John Ostrander, 2nd lieut. Peter J. Schuyler, ensign. Garret J. Veeder, capt. Barent S. Salesbury, beut. 2. 4. 5. 7. 3. 9. 29. 4. 6. 12. Ephraim Snow, 2nd lieut. Abraham Ten Eyck, paymaster. 3rd Battalion. 3. Peter Gansevort, Esqr. colo. 2. Marinus Willett, Esqr. It. colo. 3. Robert Cockran, Esqr. major. Geo. Sythes, adjt. Thomas Williams, qr. master. 7. Elias Van Rensselaer, capt. 1. Jonathan Pearsey, lieut. 22. Thomas Costradieur, 2nd lieut. 10. Thomas De Witt, 2nd capt. 24. Henry Pawling, 1st lieut. 21. Benjamin Borgardus, 2nd lieut. 11. C. T. Janson, 3rd capt. 25. N. Vander Heyden, 1st lieut. 31. James Dubois, 2nd lieut. 2. Samuel English, ensign. 16. Abraham Swartwouds, 4th capt. 32. Phillip Conine, 1st lieut. 3. Gilbert R. G. Livingston, 2nd lieut. 20. Aaron Austin, 5th capt. 21. John Ball, 1st lieut. 25. Garret Staats, 2nd lieut. 20. James Gregg, capt. 27. Levi Stockwell, lieut. James Blake, 2nd lieut. 29. Henry - Tiebout, capt. 30. Isaac Bogart, lieut. 27. William Meade. 32. John Houston, capt. 24. John Welder, lieut. 19. Prentice Brower, 2nd lieut. 2nd Battalion. 2. Philip Van Cortlandt, Esqr. colonel. 1. Frederick Wisenfels, Esqr. It. colo. Elisha Marshall, adjt. Levi De Witt, quarter-master. 2. Mathew Clark, 1st lieut. 4. William Munday, 2nd lieut. 8. Peter Dolson, ensign. 9. Benjn. Pelton, 2nd capt. 8. James McHughs, 1st lieut. 1. William Tapp, 2nd lieut. 13. T. Beekman, ensign. 8. Charles Graham, 3rd capt. 20. James Miller, 1st lieut. 15. James Fairley, 2nd beut. 9. Timothy Smith, ensign. 21. Samuel T. Pell, 4th capt. 26. Isaac Sherwood, 1st lieut. 14. E. Johnson, 2nd lieut. 10. Andrew White, ensign. 22. Richard Piatt, 5th capt. 31. Robert Wood, 1st lieut. 13. Gilbt. James Livingston, 2nd lieut. 15. William Glenny, ensign. 2. Elijah Hunter, capt. 6. Isaac Van Wirt, beut. 16. Chas. Weisenfeels, 2nd lieut. 11. Thos. Bushfield, ensign. 25. Jonathan Hallet, capt. 29. Peter Benedict, lieut. 17. Christopher Codwise, 2nd lieut. 14. Joseph Herring, ensign. 27. Edward Lounsberry, capt. 23. Charles Newkirk. 8. Jeremiah Clark. 12. Wm. Nottingham. Hunlock Woodruff, received by Col. Wesenfells as surgeon. 4th Battalion. 4. Henry B. Livingston, col. 4. Ben. Ledyard, major. Peter Sacket, adjt. Van Wyck, qr. master. John Peter Detard, chaplain. 4. Samuel Sacket, capt. 3. Nathl. Norton, 1st lieut. 2. Geo. Smith, 2nd lieut. 19. Joshua Drake, ensign. 5. John Davis, 2nd capt. 5. William Havens, 1st lieut. 7. Silvanes Concklin, 2nd lieut. 20. Caleb Brewster, ensign. Jacobus Boucrans, capt. 16. Simeon Tryon, 1st lieut. 23. Peter Van Benschooten, 2nd beut. James Campbell, ensign. 15. William Jackson, 4th capt. 10. Thomas Lee, 1st lieut. 20- Ebenezer Mott, 2nd lieut. 1. Joseph Frylock, ensign. 24. Nathl. Strong, 5th capt. 22. Edward Concklin, 1st lieut. 2nd lieut. 21. Joshua Young, ensign. 26. Benjn. Walker, capt. 20. Israel Smith, capt. 17. Pelton Jackson, lieut. 30. Thomas Hunt, 2nd lieut. 31. Jonathan Titus, capt. 18. John Lloyd, lieut. 28. Abm. Hyatt, 2nd lieut. Melancton Lloyd Woolsey, ensign. Thereupon, Resolved, That the Committee of Safety does agree with the committee of arrangement in the whole of their report. Ordered, That the Secretary prepare a copy of the said | report, to be transmitted to the Honble. Congress, and 714 JOURNAL OF THE COMMITTEE OF SAFETY. another copy, to be transmitted to His Excellency General Washington. A letter from Samuel Tudor and Augustine Lawrence, da- ted the 21st of November, was read and referred to the fol- lowing gentlemen, to report thereon, that is to say : Mr. Wisner, Mr. Gilbert Livingston, Mr. L'hommedieu, Mr. Piatt and Mr. Cuyler. Mr. William Duer informed the Committee that large quantities of hay and corn were purchased by the Quarter- Master-General for the use of the Continental army in the eastern parts of this county and the western parts of Con- necticut, and that it would be hardly practicable to convey the same to the army unless the roads leading from the Ob- long and Frederickburgh towards Reze's Bridge and North Castle were better repaired ; he therefore, in behalf of General Mifflin, Quarter-Master-General of the Continen- tal army, prayed that this House would devise ways and means of facilitating the above mentioned communication, not doubting but so necessary an expenditure would be cheerfully reimbursed from the Continental treasury. On taking the application of Mr. Duer into considera- tion, Resolved, That it will be necessary to repair the follow- ing roads in order to facilitate the cartage of forage to the Continental army : from the house of John Miller towards the house of Colonel Henry Livingston, thence to Samuel Washburn's, being eight miles ; the road which runs east from Colonel Henry Luddington's to the store of Malcom Morrison, and thence south to the mills of Samuel Wash- burn, being twelve miles. Resolved, That Colonel Luddington detach from his re- giment one hundred men for the purpose of repairing that part of the road which is first mentioned, being in distance 8 miles. Resolved, That Capt. H. Meade be appointed superin- tendent for repairing the above roads. Resolved, That Colonel Field detach one hundred men from his regiment of militia for the purpose of repairing that part of the road which is last mentioned in the first resolution, being in distance 12 miles. Resolved, That Capt. David Heacock be appointed su- perintendent for repairing the said road. Resolved, That the superintendents above appointed be allowed ten shillings per day for their trouble, exclusive of their subsistence ; and that they be respectively authorized to hire or impress teams and carts for the purpose afore- said, paying for each ox cart with two yoke of cattle, find- ing themselves, sixteen shillings per day ; for each wagon finding themselves, twelve shillings per day. Resolved, That the said superintendents keep, and ren- der to this Convention, regular accounts of their expendi- tures and proceedings. Resolved, That the above mentioned detachments of militia, while employed in repairing the road, be under the direction of the superintendents aforesaid, and that while actually employed as aforesaid, they be allowed at the rate of four shillings per day to each man finding him- self. Ordered, That copies of these resolutions be immedi- ately transmitted to the superintendents above mentioned, who are hereby directed to communicate them, without loss of time to Colonels Field and Luddington. Resolved, That the sum of one hundred pounds be ad- vanced to each of the superintendents for the repairs afore- said. DIE SABBATI, 9 ho. a. m. Nov?: 23rd, 1776. The Committee met, &c. Present— P. Van Cortlandt, Vicc-Prest Mr. Dunscomb— Aeiu- York. Major Lockwood, Col. Van Cortlandt— Westchester. Mr. A. Yates, Mr. Adgate— Albany. Mr. Wisner — Orange. Mr. W. Smith, Mr. L'hommedieu— Suffolk. Mr. Newkirk— Tryon Mr. G. Livingston — Dutches. Major Webster — Charlotte. A letter from Henry Outhout and Anthony Van Bergen, dated the 21st inst. relative to the prices of the goods which they were directed to purchase for soldiers' use, [was received.] They therein mention the prices of each respective article ; and on account of the very high prices, they desire the direction of the Convention in the pre- mises. The Committee of Safety are of opinion that the said goods and articles are so dear that it will not answer to purchase them. A draft of a letter to those gentlemen was read and ap- proved, and is in the words following, vizt : " In Committee of Safety, } for the State of New-York. } " Fishkill, 23rd, Novr. 1776. ) "We have under consideration your letter, dated the 21st inst. in respect to sundry articles to be purchased for the use of the army, and find that the prices are so high that we judge you best not buy them. The matters you have already bought you will please to furnish an account thereof, and you will be paid. " I am, gentlemen, yours, &c. " By order. " To Henry Outhout and Anthy. Van Bergen." Ordered, That the same be engrossed and sent them. Mr. John Sleghts account of fourteen shillings for going to view goods at Moumerskill, ordered to be paid. An account of Mr. Thomas Wickes, amounting to four pounds sixteen shillings, for the services of himself and of Eliphalet Brush in May and June last, six days, in carry- ing into execution the orders of the then Provincial Con- gress, in apprehending and conveying to New-York, Isaac Ketcham, Isaac Youngs, Henry Dawkins, Philip Youngs and others, who have counterfeited and issued Continental bills of credit of thirty dollars, and bills of credit of Con- necticut and Massachusetts Buy State, each for forty shil- lings. Payment considered and approved of. And another account of the said Thomas Wickes thereto annexed for riding express to Albany with sundry letters from Head-Quavters and other places, directed to the Ge- neral and Commander-in-Chief of the northern Continen- tal army, five days at sixteen shillings per day, amounting to four pounds, was also exhibited for payment, considered and approved of. Ordered, That the Treasurer of this State, pay to the said Thomas Wickes, the sum of eight pounds sixteen shil- lings, in full, for the two said accounts, taking a receipc for the same, and charge the same to Continental ac- count. A letter from Nicholas Governeur, dated the 14th of Novr. was read and committed to the committee for detect- ing conspirators. A letter from Johannes Sleght, Esqr. chairman of King- ston, dated the 18th instant, stating that county to have, till within a few days, been a peaceable people, but they are now daily alarmed, and their streets filled with mobs from different parts of the country, breaking of doors, and com- mitting of outrages to the disturbance of the peace of the good people of said town, owing as they believe to the misfortune of having that detestable article called tea, stor- ed there. Mr. Wisner and Gilbert Livingston's report was read. Resolved, That a copy of the said report be transmit- ted to General Schuyler, with a request that he will favour the Convention with his advice on the best and most effec- tual plan for obstructing the navigation of Hudson's ri- JOURNAL OF THE COMMITTEE OF SAFETY. 715 ver, and that the committee of the Convention of this Stale appointed to obstruct the navigation of Hudson's ri- ver, be instructed to cause a nautical survey to be made of such parts of the river as may be most effectually obstruct- ed, so as not only to impede the navigation but likewise to prevent the landing of troops below such obstruction ; that they endeavour to procure the advice of the general offi- cers and engineers respecting the said obstructions. Resolved, That the committee appointed to obstruct the navigation of Hudson's river, be instructed not to pay the blacksmiths who made the chain which was lately drawn across the said river, and broken by the tide, until such time as the sufficiency of their work can be properly ex- amined ; and that the said committee take proper measures for that purpose. A letter from General Heath of the 20th, requesting the Convention to assist Colonel Chevers in procuring a re- pository for a large quantity of military stores, was read and referred to Mr. Duane and Mr. Piatt to prepare an an- swer. Saturday, 3 ho. P. M. Nov?: 23rd, 1776. The Committee met pursuant to adjournment. Present — P. Van Cortlandt, Vice-President. Mr. Duane, Mr. Dunscomb, Colo. Brasher, Mr. Jay, Mr. Harper— New-York- Mr. G. Livingston, Col. Piatt— Dutches. Mr. A. Yates, Mr. R. Yates, Mr. Cuyler, Mr. Adgale— Albany. Major Lockwood, Col. Graham — Westchester. Mr. L'hommedieu, Mr. Smith — Suffolk. Colo. Pewit— Ulster. Mr. Wisner — Orange. Mr. Newkirk — Tryon. Major Webster, Colo. Duer — Charlotte. A letter from General Heath, dated the 23rd instant, was read. He requests a copy of the encouragement of- fered by the Honourable the Continental Congress, to such as shall engage to serve in the next army. Ordered, That the secretary furnish General Heath with a copy of the same. A letter from General George Clinton, was received and read. A draft of the river, enclosed, was also exhibited, and committed to the committee of the Convention of this State, appointed to obstruct the navigation of Hudson's river. A letter from Messrs. Augustine Lawrence and Samuel Tudor, dated this day, was received and read. A draft of an answer thereunto, was read and approved of, and is in the words following, that is to say : " In Committee of Safety, \ " Fishkill, 23rd Novr. 1776. $ " Gentlemen — Your letter of yesterday concerning a quantity of rigging, to be furnished by you by an order of the marine committee, is under consideration ; as the order is explicit, we advise you to comply with it immedi- ately. " Capt. Ivers represents to us that it is impracticable to carry the cables by land, but that he has yarn sufficient to make the cables of, and that they cannot be safely carried until they are warped and tarred ; this matter we leave with you, and advise, if it be the only practicable method, that it be pursued, and that Mr. Ivers go with the yarn and finish the cables. In case you cannot hire wagons or teams to carry the quantity of rigging wanted, you are hereby empowered to impress them, giving sixteen shil- lings per day for each ox team with drivers, (say four oxen) and twelve shillings per day for each wagon and horses, and drivers, they rinding themselves, to carry the same to the first town in Connecticut on the road leading to Mid- dletown. " I am, gentlemen, with respect, " Your very humble servt. " By order. " To Captains Lawrence and Tudor.' 1 A draft of a letter to the Honble. John Hancock, Presi- dent of the Continental Congress, was read and approved of, and is in the words following, vizt : " In Committee of Safety, ) " Fishkill, 2U Novr. 1776. J " Sir — The Convention received the honour of your favour of the enclosing the resolutions of the Ho- nourable Continental Congress for raising four battalions in this State. A committee of Convention immediately repaired to the armies to the northward and at King's Bridge, to inquire into the characters of the officers of the New- York battalions in the service of the United States, that an arrangement might be formed according to the rank and military abilities of the respective officers. The loss at that juncture of the fleet on Lake Champlain, the ap- prehension of an invasion both of our northern and wes- tern frontiers, and the necessity of vigorous efforts to sup- press domestic insurrection, urges forward the militia of this State ; and to supply both them and the garrison at Ticonderoga with provisions, oblige us to detain at Alba- ny that part of the committee which was appointed to transact the business to the northward. It was with great reluctance we consented to this measure, which was ne- cessarily productive of delaying the arrangement ; but the safety of the army, and the good of the service in our opinion, demanded it. Recruiting officers were, howev- er, immediately appointed, and money advanced for the bounty, and a considerable number of men are raised. " The committee have now completed the arrangement which we have the honour to transmit ; they assure us that it is formed agreeable to the directions of the Honble. Congress ; that they have consulted the general officers in the respective departments where the troops of this State were stationed, and have appointed only such as were well recommended for their honour and abilities ; and we flat- ter ourselves that they will do credit to this State, and be of service to the glorious cause in which we are engaged. " Col. Nicholson's regiment, which was formed in Ca- nada by General Wooster, consists of about 150 privates, whose period of service expires next spring ; they have been stationed since their return from Canada, at the Ger- man Flatts, where they still remain. The committee in- form us that they have promoted only two officers of that battalion in the present arrangement, none else having been recommended. The circumstances of Colo. Du Bois's battalion are particularly mentioned in the report of the committee of arrangement, which we need not repeat. Another battalion we think may be raised, as too many of our inhabitants reduced to want by the invasion of this State, the progress of the enemy and their cruel devasta- tions, will look up to the army as a provision for their dis- tressed families. Add to this, that military ardor and a spi- rit of resentment increasing in proportion to the injuries we have suffered, several young gentlemen of fortune who have hitherto remained inactive, are disposed to enter into the service of their country, and to contribute to its preser- vation and independence. " From these considerations, we earnestly request the Honble. Congress to grant us permission to raise a 5th bat- talion, to be commanded by Col. D. Bois, of whose cou- rage and military talents we have a high opinion. The committee of arrangement sensible how much the Ameri- can army have suffered for want of discipline, have strong- ly recommended the necessity of appointing an aid-major for each of the New-York battalions, to be paid by this State ; the reason assigned by them for this measure, ap- pears to us so cogent that we shall cheerfully consent to the expense, if it meets with the approbation of Con- gress." Ordered, That a copy thereof be engrossed, and signed by the Vice-President, and transmitted. A draft of a letter to General Washington, in answer to his letter of the 16th inst. was read and approved of, and I is in the words following, that is to say : 716 JOURNAL OF THE COMMITTEE OF SAFETY. " Committee of Safety, ) " Novr. 23rd, 1776. 5 " Sir — The Committee of Safety have the honour of your Excellency's letter of the 16th inst. which was im- mediately referred to the committee for arranging the offi- cers to serve in the four battalions to be raised in this State. " The Committee are extremely happy to find that the measure adopted by the State of Massachusetts Bay, for augmenting the pay of their troops, has been reprobated by the General Congress, as such a precedent must either have produced among the other troops a discontent and jealousy which might have been attended with the most fatal consequences, or have reduced the Representatives of this State to impose further burthens on their constitu- ents, many of whom are already impoverished by the ha- voc and destruction of the present campaign. It is with equal pleasure that they have perused the alteration in the mode of enlistment, which will in all probability tend to expedite the completing of the levies. " We are informed by the committee of arrangement that they have made these resolutions of the General Con- gress a part of their instructions to their recruiting offi- cers. " The Committee coincide in opinion with your Excel- lency, that the welfare of the United States is deeply in- terested in the expeditious raising of the new army, and they lament the cruel necessity which has prevented the arrangement from being completed with the despatch they wished. Many causes have conspired to occasion this de- lay, which it may not be unnecessary to submit to your Ex- cellency's consideration. " Immediately on the receipt of the resolutions of Con- gress, of inst. two committees were appointed by the Convention of this State ; the one to repair to the northern, and the other to the southern army, in order to confer with the general officers concerning the characters of each of the officers as were fit to be employed on the new esta- blishment. Soon after their departure from this place, an account was received of the destruction of our fleet on Lake Champlain ; in consequence of which it became ne- cessary to appoint a committee to cooperate with General Schuyler in calling for the militia, in furnishing provisions to the northern army, and in curbing the attempts of our internal enemies on the frontiers, and to add to this com- mittee the gentlemen who composed the committee of ar- rangement. " On their arrival at Albany, a large field of business was opened to their view, which necessarily detained them for a much longer time than was expected. To this cause, and to the extreme difficulty which the committee of ar- rangement found in discharging their trust in such a man- ner as to give least disgust possible to such officers of me- rit, who, from the reduction of the quota of troops to be raised in this State, must necessarily be unprovided for, may be imputed the delay of the arrangement. " I have now the honour of transmitting to your Excel- lency a copy of the arrangement of the four battalions to be raised by this State, together with a copy of a report of the committee of arrangement to the Committee of Safety, which has been considered and approved of. " The Committee of Safety, agreeing in opinion with the committee of arrangement, that another battalion may be raised in this State with advantage to the public cause, and that the appointment of a supplemental officer, called an aid-major, to each battalion, at the expense of this State, will tend to perfect the troops in their discipline, have directed me to request your Excellency's interposi- tion with the General Congress in getting these measures approved of, should the reasons urged by the committee of arrangement appear satisfactory with respect to the ar- rangement. " We have only to observe, that we have been assured by the committee of arrangement, that they have taken infinite pains in forming it, and that they entertain no doubt but that the troops under, the command of the offi- cers by them appointed, will serve with credit to them- selves, with honour to this State, and with advantage to the great cause in which the United States are at present engaged. " Your Excellency is deservedly entitled to the thanks of this Committee for your readiness to advance the quota of bounty necessary for the enlistment of our battalions ; but as a sum of money has been appropriated by the Con vention for that purpose, and is now remitted to the proper officers, we shall have no occasion to accept of this pro- posal. " The delicacy which your Excellency has ever observ- ed with respect to the civil power of this State, merits their warmest acknowledgments, and will always induce them the more cheerfully and strenuously to cooperate with your Excellency in every measure that may be deem- ed conducive to the public weal. " The committee are sorry to hear of the reduction of Mount Washington, and feel deeply for the loss of the gallant officers and soldiers who perished in its defence or who are now captives. " They trust, however, that the minds of the Represen- tatives of this State can bear with fortitude this heavy blow and even other calamities of greater weight ; and that under the influence of the councils of the General Congress and the auspices of your command, the liberties of the United States will at length be established on a wise and firm basis. Lieutenant Colonel Welsh, who commands a detach- ment of the New-Hampshire militia, which is stationed at this place, has informed the committee that the term of en- listment of the men under his command expires on the first of December, and begs to know whether it is your Excel- lency's pleasure that they should return home or wait fur- ther orders. " The committee for detecting conspiracies in this State have made such progress lately in removing the disaffected, that we shall not want their longer stay at this place unless some event at present unforeseen should happen. " We beg leave to inform your Excellency that as the Convention of this State have no occasion for the services of the Continental troop of horse which your Excellency stationed here under their direction, and as they necessarily consume a great deal of forage which might otherwise be spared for the use of the army, we submit to your Excel- lency's discretion the propriety of removing them. " We have the honor to be, " Your Excellency's most obedt. " And very humble servts. " By order. "To His Excellency Genl. Geo. Washington." DIE LUNjE, 9 ho. a. m, 25th Novr. 1776. The Committee met pursuant to adjournment. Present — P. Van Cortlandt, V. President. Mr. Duane, R. Harper — New-York. Mr. Newkirk — Tryon. Mr. A. Yaies, Mr. Adgate, Mr. Cuyler, Mr. R. Yates— Albany. Mr. W. Smith, Mr. L'homraedieu, Mr. Miller— Svffolk. Major Webster — Charlotte. Major Lockwood— Westchester. Mr. Wisner — Orange. Major Flores Bancker, in behalf of Colonel Johannes Snyder and the officers of his regiment, presented to the Committee a number of queries, which were read. Ordered, That the said queries be referred to Mr. L'hommedieu and Mr. to report thereon. JOURNAL OF THE COMMITTEE OF SAFETY. 717 Die Lvnm, P. M. 4 ho. Now. 25th, 1776. The Convention met pursuant to adjournment. Present — P. Van Cortlandt, V. President. Mr. Duane, Mr. Dunscomb — New-York. Mr. A. Yates, Mr. R. Yates, Mr. Adgate, Mr. Cuyler— Albany. Mr. W. Smith, Mr. L'hommedieu, Mr. Miller— Suffolk. Mr. Lockwood — Westchester. Mr. Newkirk — Tryon. Mr. Wisner — Orange. Mr. Wisner — Charlotte. Mr. L'hommedieu, from the committee to whom was re- ferred the queries presented by Flores Bancker this morn- ing, made a report which was approved of and agreed to in the words following, that is to say : Major Flores Bancker, in behalf of Colonel Johannes Snyder and sundry of the officers in his regiment, present- ed a number of queries in writing to this committee, where- upon the committee come to the following determinations : As to the first and second queries, Resolved, That the deputy treasurer of this State be appointed to pay the said regiment speedily before they leave the service. As to the third and fourth queries, Resolved, That each captain make and return a muster roll of his company to Colonel Snyder, and subscribe an affidavit, to be endorsed thereon and sworn to before the 6aid colonel, that the same contains a true and faithful list of the deponent's company in Colonel Snyder's regiment. Resolved, That the pay rolls be made out in common form by the captains of the companies respectively and at- tested on oath before the commanding officer of the regi- ment in manner following, that is to say : I do solemnly swear on the Holy Evangelist of Almigh- ty God, that the within roll by me subscribed, is a just and true roll of my company, and that each of the officers and privates in the said roll named, have been in service in the respective stations therein mentioned at the fortifications in the Highlands, in pursuance of the resolutions of the Re- presentatives of the Convention of the State of New-York, of the seventh of September last ; and that the time charged for each person respectively is the just and true time of his service, including one day for every twenty miles such person has marched from his house or home to the said fortifications ; and that the sums charged in the said roll for pay and subsistence, are justly and truly charged, and are justly due and owing to the officers and privates of the company herein named. As to the fifth query, a provision is made by a resolution of the Committee of Safety this day, to which you are re- ferred. As to the sixth and seventh queries, Resolved, That the officers are entitled to Continental rations from the time of their march to their return, and the deputy treasurer will pay the money for those rations they have not or shall not receive. As to the pay of the officers, Resolved, That the same commence from the time of their march and continue to the time of their return. Resolved, That those who shall continue in service agreeable to the resolutions above referred to, instead of one penny, shall be allowed two pence New-York money per mile for their travelling expenses home. Certain resolutions reported by Mr. Duane, for continu- ing General Scott's brigade and Colonel Snyder's regi- ment in service one month longer, was read and agreed to, and is in the following words, vizt : Whereas the period of service of the brigade of militia of this State, under the command of Brigadier-General Scott, as well as that of the detachment of militia stationed in the forts in the Highlands, commanded by Colonel Sny- der, will soon expire : And whereas from the invasion of this State in different parts, and the measures necessary for its protection and security, an unavoidable delay has been 180 occasioned in the enlisting and raising the four battalions of troops in this State, for the Continental service : And whereas our merciless enemy, who have laid waste with unrelenting fury, such parts of this State as unhappily be- came a prey to their vengeance and rapacity, have been encouraged by a season uncommonly favourable, and the hopes of the diminution of the Continental forces, and the militia, on account of the expiration of their times of ser- vice to protect their military operations, and to proceed in spreading ruin and desolation throughout such parts of this injured country as they find defenceless and exposed to their barbarous incursions, and the further services of the said bri- gade and detachment of militia being from these important considerations indispensable ; and for as much as from the present motions of the enemy, it is highly probable that all the militia of this State will speedily be called forth into actual service : This Committee of Safety do therefore Resolve, That in their opinion the said brigade and de- tachment of militia ought to continue in service until the last day of December, (unless from the situation of the enemy they can sooner be discharged with safety,) on the same pay and rations which have hitherto been claimed and provided for them. And this committee are persuaded that when they sin- cerely reflect on the situation of their bleedirg country, the miseries to which their friends and families must be exposed by the further progress of their inhuman enemy, and the disgrace of deserting the service at so critical a period ; when they consider that their retiring can procure them but a few days of ease, inglorious to the enjoyment and bitter in reflection, since it must invite their inveterate foes to pursue and seek them out in their very habitations ; when they remember the righteous cause in which they are engaged in common with a whole Continent, and the inesti- mable value of the blessings of freedom and security, for which they contend ; and when finally they contemplate the glory which must be acquired in bravely defending their country against the hand of tyranny and oppression ; their fathers, their families, their relations and their friends from rapine, plunder and slaughter, and their families from in- dignities worse than death — from motives so powerful ; from every argument of interest, honour, duty and self- preservation, as well as from past experience of their cou- rage and patriotism — the committee entertains not the least doubt, but that the officers and privates of the said brigade and detachment of the militia will, with the utmost cheerfulness and alacrity, comply with the resolve, and continue to exert and distinguish themselves as brave, stea- dy and virtuous citizens and soldiers, and thus recommend themselves to the protection of heaven, and the regard and gratitude of their distressed country. Resolved, That copies of this resolution be immediately transmitted to General James Clinton and General Scott, and that the same be published at the head of every regi- ment in General Scott's brigade, and of every company of the detachment commanded by Colonel Snyder. TUESDAY MORNING, Novr. 26th, 1776. The Committee met. Present — Colo. Van Cortlandt, Vice-President. Mr. A. Yates, Mr. Adgate— Albany. Col. Van Cortlandt, Mr. Lockwood — Westchester. Mr. Smith, Mr. L'hommedieu, Mr. Miller— Suffolk. Mr. Webster— Charlotte. Mr. Contine — Ulster. Mr. Newkirk — Tryon. Mr. Wisner, Col. Allison— Orange. As Colonel Philip Van Cortlandt is at present at Ticon- 718 JOURNAL OF THE COMMITTEE OF SAFETY. deroga, and not soon expected, and the raising of the troops may thereby be retarded, therefore, Resolved, That the sum of three thousand pounds or- dered on the 21st inst. to be paid to him, be paid to his lieutenant, Colonel Fredk. Wiesenfels, for the purposes and under the restrictions mentioned in the said order ; the Treasurer deducting out of the said money the sums he has advanced for recruiting, to any of the officers belong- ing to the second battalion. The defence of Hudson's river being not only absolutely necessary for the security of this State, but also for the de- fence of the United American States, and keeping up a communication between the eastern and southern States, Resolved, That the committee heretofore appointed to obstruct the navigation of Hudson's river, or any three of them, be directed to report some form of a plan for per- fecting the same, with all convenient speed. A letter from Augustine Lawrence and Samuel Tudor, dated at Poughkeepsie, the 25th inst. relative to the re- moving of the ships at Poughkeepsie was read. Ordered, That it be referred to Mr. Wisner, Mr. Piatt, Mr. Gilbert Livingston, Mr. Cuyler, and the other members of the committee appointed on the last for that pur- pose. A letter from Linde Lord, Esqr. dated at on the 25th inst. relative to Mr. Mathews and the Youngs' escape. Ordered, That it be referred to the committee of con- spiracies to report thereon. A letter from Lieutenant-Colonel Johannes Hardenburgh, dated at camp, near Peekskill, was read; he informs that a parcel of arms, cartouch-boxes and belts were delivered to him for the use of his regiment, and requesting directions to whom to deliver the said arms and accoutrements. Re- ferred to Mr. Duane to report a draft of an answer giving proper directions. The petition of Alexander Stewart, a prisoner, praying for the allowance of a prisoner of war, and the case of Met- calf, a midshipman, stated by Mr. McKesson, was referred to Mr. Yates, Mr. Dunscomb and Mr. Miller. The Committee of Safety were informed that Lieut. Colonel Welsh has placed several sick in the house where William Barnes and two other poor families now reside ; that it is necessary that some hospital be provided for his sick ; and no place being considered so proper for an hos- pital as the said house, Ordered, That Captain Theodorus Bratt do provide hou- ses or proper places for the said families, and carriages to remove the said three families, that the said house may be used as an hospital. The Committee of Safety were further informed that part of a regiment of Connecticut troops are arrived here from Hackensack, many of them sick, and the whole des- titute of provisions. Ordered, That Mr. L'hommedieu and Major Lockwood be a committee to inquire into the cause of the said Con- necticut troops, and if Colonel Welsh shall refuse to take charge of them, then to give proper orders for their relief. A pay roll and a subsistence roll of Capt. Jacob Rutzen De Witt's company of rangers, raised in Ulster county, were delivered in for payment. Ordered, That they be referred for examination to Mr. Newkirk and Mr. Contine. A bill of credit of Rhode-Island, altered and changed, so as to appear to be of a greater value than that for which it was issued, viz : appearing to be a bill of twenty shil- lings lawful, when in fact it is a bill of one shilling lawful, was laid before the Committee of Safety ; and the Com- mitee of Safely were informed that one Gilchrist, a soldier in Capt. William Jackson's company at Fort Constitution, had passed the said bill to ihe wife of Isaac Schults, at New-Windsor, for twenty shillings lawful, and refused to receive the said bill and repay the money for the same. Ordered, That the commanding officer at Fort Consti- tution, send the said Gilchrist to the chairman of the com- mittee of Ulster county ; that the said chairman take all proper examinations in the premises; and if it shall appear to him that the said Gilchrist knew or had reason to believe that the said bill of credit was altered, and not of the value of twenty shillings lawful money, that he cause him to be committed to the jail of Ulster county, there to be kept in safe custody, until he shall be thence delivered by due course of law. Whereas, There are several accounts due from this State to the inhabitants of the State of Connecticut, on ac- count of expenses accrued by reason of the removal of stock, and the poor inhabitants from Long-Island : Ordered, That be a committee to collect and state those accounts, together with the names of per- sons bought of, the quantity of stock and the names of the persons to whom they belonged, together with the place of their present residence, and report the same to the Con- vention of this State as soon as possible. Tuesday Afternoon, 26th Novr. 1776. The Committee met pursuant to adjournment. Present— P. Van Cortlandt, V. Prest. Mr. Duane, Mr. Dunscomti — New-York. Col. Allison, Mr. Wisner — Orange. Mr. A. Yales, Mr. R. Yates, Mr. Cuyler— Albany. Mr. Newkirk — Tryon. Mr. W. Smith, Mr. L'hommedieu, Mr. Miller— Suffolk. Mr. Contine— Ulster. Mr. Lockwood — Westchester. Major Webster— Charlotte. A letter from Major-General Heath, of the 25th, was read. Ordered, That a letter be written to General Heath, with the thanks of this Committee for his attention, and that Mr. Duane report the draft of such letter. Mr. Miller, from the committee to whom was referred the memorial of Alexander Stewart, and the case of Wm. Metcalf, do report, that the said Alexander Stewart was committed to the keeper of the jail of Westchester county on the twenty-seventh day of July last, there to remain until further order ; that about the twentieth day of Octo- ber last, the said Alexander Stewart, with the other priso- ners who were in that jail, were sent to Fishkill under guard, where the said Alexander Stewart has since re- mained without any allowance for support known to your committee. That the said William Metcalf after he was taken a pri- soner of war, was sent to the care of the committee at Poundridge; that to prevent his making his escape from thence, and for misbehaviour, he was by order of the said committee on the twenty-fourth of September last, com- mitted to Westchester jail, from whence he was sent to Fishkill about the twentieth of October. That your committee are of opinion that an allowance be made to each of them, the said Wm. Metcalf and Al- exander Stewart, of the like rations as the troops in the service of the United States, from the twentieth day of Oc- tober last, that is to say, in money at the rate of eight ninetieth parts of a dollar per ration, or in provisions at their election. The committee appointed to inquire into the circumstan- ces of that part of Colonel Bradley's regiment which is arriv- ed from Hackensack to this place, report that it appears that those troops being near Fort Lee, on the approach of the enemy, they were directed to retire out of their reach and join the first or nearest corps of the army of the United States ; that some of them are fit for duty, but that a num- ber of them are sick. Ordered, That the lieutenant be desired immediately to repair to Peekskill with those fit for duty, and apply to to Colonel Heath. That Doctor Graham take care of the sick at Continental expense until General Heath shall send a physician to take charge of them, or give directions con- JOURNAL OF THE COMMITTEE OF SAFETY. 719 cerning them, and that the commissary at Fishkill supply them with provisions. Resolved, That Mr. Robert Livingston be requested to repair to Peckskill and North Castle, to confer with Ge- nerals Lee, Heath and Clinton, on the situation of the enemy within this State ; the passes necessary to be se- cured on both sides of the Highlands, and the means pro- per for that purpose ; and also for obstructing the Hudson's river near PollepeFs island, agreeable to the plan recom- mended by General Clinton. Resolved, That the navigation of Hudson's river be ob- structed near Pollepel's island at the northren entrance of the Highlands, agreeable to the plan recommended by General James Clinton, and that the Convention of this State will exert every measure necessary for that pur- pose. A letter from John Campbell one of the agents of the Quarter-Master-General, dated the twenty-fifth instant, and directed to William Duer, Esqr. was read. Information is therein contained that there is a large quantity of hay to the amount of thirty or forty tons, on the east side of Van Cortlandt's manor, belonging to persons who have gone over to the enemy. Resolved and Ordered, That Mr. Duer one of the mem- bers, be and is hereby authorized to send proper persons to take the said hay, and have the same valued and deli- vered for the use of the Continental army, and that the price of ihe said hay at its full value be deposited in the Treasury of this State, reserving so much as may be ne- cessary for the support of the present stock on each farm ; and if there shall be on any such farm a larger stock of cat- tle than is necessary for the support of the families of such persons who have so gone over to the enemy ; that the parts of the said stock as is not necessary for the support of each such family be together with such hay, apprised by three respectable freeholders in the neighbourhood, and sole the best advantage, and the amount of the sales thereof posited in the treasury of this State. WEDNESDAY, a. m. November 27th, 1776 The Committee met pursuant to adjournment. Present — P. Van Cortlandt, Esqr. Vice-Prest. Mr. Dunscomb, Mr. Duane, Mr. Jay, Mr. Rutgers — New-York. Mr. Newkirk — Tryon. Mr. A. Yates, Mr. Cuyler, Mr.Adgate— Albany. Col. Allison — Orange. Mr. Miller, Mr. W. Smith— Suffolk. Col. Van Cortlandt, Mr. Lockwood — Westchester. Mr. Contine— Ulster. Mr. R. R. Livingston, Mr. Piatt— Dutches. Major Webster, Mr. Duer — Charlotte. A letter from General Scott, dated the 26th inst. was received and read, and is as follows, vizt : " Haverstraw, Novr. 26th, 1776 " Sir — Upon some alarming accounts from Colonel Hay of a probability that the enemy would attempt a land- ing from their shipping, and of the defenceless state of the conntry, as well as the danger that many well wishers would be reduced by fear to a submission, General Heath thought proper to send me over with my brigade. Upon my arrival here I heard a distinct firing, supposed to be at Acquacknock, where I am assured our army was determin- ed to engage the enemy this day. I am told firing began early this morning. I hope to be able to commuicate some- thing agreeable to you, which if in my power, I shall not fail to do by express. " The sole design of this letter is most earnestly to re- quest the interposition of Convention to prevent the dis- banding of my brigade on Sunday next. I have sent an express to General Heath, with a request to send me two more regiments and a field piece or two. But what will that succour avail if the service is to last only till Sunday. I hope my request will not be imputed to interested mo- tives, when I assure you of my desire to serve my country one month longer without pay. I flatter myself the officers will be ashamed to refuse their service. If our Convention would think proper to furnish me with a bounty for the men, I think I can hold them. You cannot think, sir, of what infinite consequence it will be to this part of the country. Without some proper support, if our troops be- low should not succeed, the country below the mountains must submit to the enemy. If my views can be seconded by Convention, and General Heath should comply with my requisition, I flatter myself that with the militia of the county, numbers of whom I am sure will join me, if we countenance those by some suitable support, I may fall on the rear of the enemy with two thousand men. You may easily judge that if General Washington keeps them well employed in front, the expedient I propose may be successful ; at least, if I can be strengthened, I am deter- mined to risk it if I should fall in the attempt. " In short, sir, our cunctandos have put me out of all patience. Let me not forget to tell you that thirty men were enlisted last Sunday into the enemy's service ; and can you think, sir, that two thousand men marched south- ward from this, would not check the growing mischief ? Be pleased, sir, to make my respectful compliments accep- table to Convention ; assure them of my readiness to obey all their commands ; reward the expresses, (I keep no ac- count with the public,) and believe me to be, sir, with un- dissembled respect and esteem, Your's and the public's, most devotedly, "JOHN MORIN SCOTT. " To the President of the Honble. Convention, State of New-York." A letter from General Heath, dated yesterday, and ap- pearing to be wrote in the afternoon, was read, and is in the following words, vizt : " Peekskill, Novr. 26th, 1776. " Sir — The time to which the several regiments of Ge- neral Scott's brigade stand engaged, expires on Saturday next, as dees that of part of the garrison at forts Montgo- mery and Constitution, and Colonel Tache's regiment of militia from the State of New Hampshire, which is now at this post. I also expect that part of the other troops now here will be ordered to march southward. Should this be the case, a pass of vast importance, and now enhanced by the loss of Fort Lee, and the enemy having the entire pos- session of the river up to the forts, will, I think, be much exposed. I think it my duty, therefore, to give you this hint, that if His Excellency General Washington has not wrote to the Honble. Convention on the subject, such mea- sures may be adopted as the Honourable Convention may think proper. J think that if the several regiments, whose time is nearly expired, could be prevailed upon to continue a little longer, it would greatly promote the service ; but of this I despair, having been too often convinced that it is hard to persuade them. " If any of the before mentioned troops have received arms, accoutrements or ammunitions from the State of New-York, I submit it to you whether it would not be ex- pedient to appoint some person or persons to receive them from the soldiery. " I have not received any thing lately from the southward either particular or interesting. " I am, sir, with respect and esteem, " Your most obt. and very hble. servt. " W. HEATH. " Honble. P. Van Cortlandt, Esqr." Committed to Mr. Duane, to be answered with General Heath's other letters. A letter from General Schuyler, dated the 19th instant, with respect to iron stove doors and latches, &c. was read. 7-20 JOURNAL OF THE COMMITTEE OF SAFETY. Ordered, That Mr. Samuel Patrick be requested to have the latches and hinges for the doors of those stoves, made and forwarded with the stoves. On motion of Mr. Duer, Resolved, That the thanks of the Representatives of this Stale be given to Brigadier-General Scott, for his patriotic offer of continuing in service for the space of one montli without any pay, in order to stop the ravages of a cruel enemy. Resolved, That Brigadier-General Scott be authorized and requested to continue in service for the space of one month, and that he be entitled to the same appointments with the other brigadier-generals in the Continental service. Resolved, That the thanks of the Representatives of this State be given to the officers and men of General Scott's regiment, for the spirit, alacrity and perseverance which they have exercised in the defence of their injured and in- vaded county. Resolved, That the sum of fifteen hundred pounds be given as a gratuity unto the non-commissioned officers and privates enlisted in this State, who at present compose Ge- neral Scott's brigade ; and Genl. Scott and the officers of the New-York regiments in his brigade, are requested to dispose of the same in such a manner as they shall deem most equitable and advantageous to the public interest. Resolved, That the Treasurer of this State transmit the said sum of fifteen hundred pounds to General Scott, taking his receipt for the same. Mr. Jay dissenting to the granting and the order for the money. Mr. Robert R. Livingston moved sundry resolutions re- lative to obstructing the navigation of Hudson's river, and engaging General Schuyler in that service. Ordered, That Mr. Duane, Mr. R. R. Livingston, Mr. Jay, Mr. Piatt and Mr. Robert Yates, be a committee to consider the proposed resolutions, and report thereon at 5 o'clock this afternoon. 5 ho. P. M. November 27th, 1776. The Committee met pursuant to adjournment. Present — P. Van Corttandt, Esqr. V. Prest. Mr. Dunscomb, Mr. Duane — New-York. Major Lockwood — Westchester. Mr. A. Yates, Mr. Adgate, Mr. Cuyler, Mr. R. Yates— Albany. Mr. Newkirk, Mr. Moore — Tryon. Mr. W. Smith, Mr. Miller— Suffolk. Major Webster — Charlotte. Mr. Contine— Ulster. R. R. Livingston, Esqr. Gil. Livingston — Dutches. Col. Allison, Mr. Wisner— Orange. A draft of a letter to Linde Lord, was read and approved of, and is in the following words : " Sir — Your favour has been laid before the Convention and referred to a committee ; but the operations of the ene- my at this critical juncture calling for the utmost attention and exertions of this State, there is no probability that it can soon be reported or determined upon. We therefore have desired the express to return, assuring you that the first opportunity shall be embraced to give you a satisfac- tory answer. " I am, sir, your mo. obt. servant. " By order." Ordered, That a copy be engrossed, signed by the Pre- sident, and transmitted. Mr. Duane, who was appointed for that purpose, report- ed a draft of a letter to Colonel Hardenbergh ; which was read and approved of, and is in the following words : " Sir — Your letter of the 23rd inst. has been laid be- fore the Committee of Safely, who have desired me to di- rect you, that as soon as the militia shall be discharged or leave the service, you carefully secure all the arms in your battalion belonging to this State, and see them safely deli- vered at this place. Your are, for this purpose, to hire, and if not otherwise to be had, to impress boats, if practi- cable to bring them by water, otherwise carriages ; the ex- pense of which shall be defrayed by this State. I am fur- ther requested to direct you to give copies of this letter to the commanding officers of such of the battalions as have used any of the public arms belonging to this State ; and also to forward a copy to General Scott. This is intended as a general direction to all the commanding officers of such regiments. " 1 am, sir, your mo. hble. servant. " By order. " Col. Johannes Hahdenburgh." An account of Ebenezer Dayton, for going express on the 12th and 13th days of October last, to recall Gerard Bancker, Esqr. when on his way to Philadelphia, was ex- hibited. He therein charges for hire of a fresh horse, fer- riages, and extraordinary expense, 18s. Ordered, That the Treasurer of this State pay to the said Ebenezer Dayton, on his receipt, for his time, servi- ces, and all his expenses and disbursements in the premises, the sum of three pounds. A pay roll of the officers, non-commissioned officers and privates, of Capt. Jacob Rutsen D. Witt's company of ran- gers, from the 6th day of October to the 4th day of Novem- ber, both days included, was laid before the Committee. On the face of the said roll is endorsed a certificate, in the words following, to wit : " I do hereby certify on the oath I have taken before the committee of the county of Ulster, that the pay roll is just and true. " J. R. D. WITT." Thereon is also endorsed a certificate, in the words fol- lowing : " We, the subscribers, a committee this day appointed by the Committee of Safety to audit this pay roll, do here- by certify that we have examined the same, and allow the sum of £184 165. Od. to be paid to Jacob R. De Witt, therefor. "MATHEW CANTINE, " BENJN. NEWKIRK. " Novr. 26th, 1776." Ordered, That the Treasurer of this State pay to Capt. Andries Rutsen D. Witt, on his receipt, the sum of one hundred and eighty-four pounds sixteen shillings, in full for the pay of his company from the sixth day of October last to the fourth instant, both days included. A pay roll, in lieu of rations of officers, rion-commis- sioned officers and privates, belonging to Capt. Jacob Rut- sen D. Witt's company of rangers, raised and embodied in the county of Ulster, from the 6th day of October last to the 4th day of November instant, both days included, was laid before the Committee. On the face of said roll is en- dorsed a certificate, in the words following, to wit : " I do hereby certify on the oath I have taken before the chairman of the committee of the county of Ulster, that this subsistence roll is just and true. " J. R. D. WITT. "Novr. 2\st, 1776." Thereon is also endorsed a certificate in the words fol- lowing : " We, the subscribers, appointed by the Committee of Safety to audit the subsistence roll, do hereby certify that we have examined the same, and allow the sum of one hundred and thirty-five pounds sixteen shillings and two pence to be due to Capt. J. R. De Witt therefor. "MATHEW CANTINE, " BENJN. NEWKIRK. " Novr. 26th, 1776." Ordered, That the Treasurer of this State pay to Capt Jacob Rutsen D. Witt the sum of one hundred and thirty- five pounds sixteen shillings and two pence, in full for the subsistence of the said company of rangers, from the 6th JOURNAL OF THE COMMITTEE OF SAFETY. 721 day of October last to the 4th day of November inst. both days included. The committee to whom was committed the resolutions moved by R. R. Livingston this morning, relative to the obstructing the Hudson's river, reported the same, which were read, agreed to and approved of, and are in the words [following,] vizi : Whereas this Committee did, on the 26th inst. resolve that the navigation of Hudson's river should be obstructed near Poleple's island, at the north entrance of the High- lands : And whereas the termination of the northern campaign hath probably given General Schuyler leisure to attend to other objects of public use and importance : And whereas from that gentleman's well known abilities and activity, as well as from the advantages resulting from his military command, there is the greatest reason to believe that the business of obstructing the navigation of the said river will be successfully carried on and completed under his direction : Resolved, That a letter be immediately written to Major- General Schuyler, informing him of the survey that has been taken of Hudson's river at Poliple's island, and re- questing him to take on himself the superintendence and direction of such works as he may think necessary, either there or elsewhere for the security of Hudson's river. Ordered, That a copy be engrossed and sent to Genl. Schuyler. Resolved, That a letter be written to the Honble. the Continental Congress, informing them of the measures that have been pursued for obstructing Hudson's river; suggesting the necessity of more effectually securing the posts and passes in the Highlands ; employing the car- penters, who are now discharged from the shipping, in pre- paring fire ships and whatever else may be thought neces- sary for the defence of the river, and annoying the enemy on their passage up ; and requesting that they will be pleased to put the management thereof under the direction of Major-Genl. Schuyler, whose abilities, knowledge of the country and military command will give him great ad- vantages in the execution thereof. Resolved, That a letter be written to His Excellency General Washington, enclosing the above resolves, and requesting his concurrence therein. Resolved, That if the gentlemen appointed to confer with the Generals at Peekskill and North Castle shall not receive sufficient information with respect to the number of men to be stationed for the defence of the passes in the Highlands, that in that case he be instructed to write to His Excellency General Washington and obtain the ne- cessary information from him. An inventory of personal estate, late belonging to Thos. Barclay, of Ulster countv, was produced to the Commit- tee of Safety. The said Thomas Barclay having some months since gone over to the enemy on Nassau island, and the hay, forage and grain on the farm, late in his pos- session, (the said Thomas Barclay,) being necessary for the support of the American army ; Resolved and Ordered, That William Duer, Esqr. be and is hereby authorized to send proper persons to take all the hay, forage and grain on the said farm, except so much as may be necessary for the support of the family and stock to remain on the said farm, and have the same deli- vered for the use of the Continental army. That the said hay, forage and grain, before its removal, be valued and appraised by James Hunter, Dirck Roosa and James Howel, who are hereby appointed and authorized to ap- praise the same ; that the price of the said hay, forage and grain, at its appraisement, be deposited in the treasury of this State, there to abide the future order of the Conven- tion of Representatives or future Legislature of this State. Resolved and Ordered further, That all the stock on the said farm, except so much as the commissioners here- after named may judge necessary for the support of the overseer, his family and the slaves on the said farm, be 131 sold at public auction, to the best advantage, by James Hunter, Dirck Roosa and James Howell, who are hereby appointed commissioners for that purpose, and directed to return to the said Representatives an inventory of their appraisement and account of sales. That the said com- missioners give public notice, by advertisements dispersed in the most public manner, of the time and place of such sales ; and take care that the moneys thence arising be de- posited in the treasury of this State, there to abide the fur- ther order of the Convention of Representatives or future Legislature of this State. Resolved and Ordered, That Fowler, the pre- sent overseer of the farm late in the possession of the said Thomas Barclay, continue to take care of the said hay, forage, grain and stock, until the removal and sale of the same, and continue his care and charge of the other pro- perty on the said farm until further order of the said Con- vention of Representatives, or future Legislature of this State. A draft of a letter to General Scott, to enclose the reso- lutions respecting his brigade, passed this forenoon, was read and approved of, and is in the following words, vizt : " Sir — I have the pleasure to forward the enclosed re- solutions of Congress, which took place in consequence of your favour of the 26th instant, together with the fifteen hundred pounds voted as a gratuity for the non-commis- sioned officers and privates of your brigade. " The State is highly sensible of their past services, and have no doubt but the same virtuous principles which call- ed them forth into the service of their country, will animate them to persevere, with courage and fortitude, to the end of the campaign. I hope, sir, the honourable testimonial which they give of your zeal and patriotism, in this critical juncture, will prove acceptable. " I am directed to add that frequent advices of the dis- position of the enemy, and the events of the campaign, will be singularly useful, as they are necessary to regulate our councils. " The obstructing Hudson's River, at PollopePs island is this day concluded upon. " I am, with great respect, sir, " Your mo. obt. hble. servt. " P. S. Be pleased to pass your receipt to the Treasu- rer for the £1,500, and return it by the express. ■ Fishkills, Novr. 27th, 1776. "To Brigadier-Genl. Scott." A draft of a letter to General Heath, commanding at Peekskill, to enclose certain resolutions relative to a part of Bradley's regiment, was read and approved of, in the words following, that is to say : " Sir — I have the honour to transmit you the enclosed resolution respecting a part of Colonel Bradley's regiment, who lately came to this place. Several of the members have taken the liberty to advise one of the lieutenants to repair to Peekskill, with such of his men as are fit for duly. I presume he will wait for a more formal command. We have directed a physician to take care of the sick un- til your directions are received. This small village is so much crowded that it is badly calculated for a hospital, and we fear the present mode of relieving the sick will be very expensive. " I am, with great respect, sir, "Yours, &c. " General Heath, Peekskill." THURSDAY MORNING, Nov. 28th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Vice-Prest. Mr. Dunscomb, Mr. Roosevelt — New-York. Mr. A. Yates, Mr. Adgate, Mr. R. Yates— Albany. Mr. Miller, Mr. I/hommedieu, Mr. Wm. Smith— Suffolk. 722 JOURNAL OF THE COMMITTEE OF SAFETY. Mr. Contine— Ulster. Mr. Gil. Livingston — Dutches. Colo. Allison, Mr. Wisner, Mr. Little— Orange. Mr. Newkirk, Mr. Moore— Tryon. Major Webster— Charlotte. Col. Van Cartlandl — Westchester. Mr. Duer produced the pay rolls of the Charlotte ran- gers to be paid ; they are committed to Mr. Newkerk, Mr. Contine and Mr. Adgate, to audit and report on the same. Mr. Moore produced the pay rolls of Tryon county ran- gers to be paid ; they are committed to the same commit- tee. Mr. Robert Yates reported the draft of a letter to Gene- ral Schuyler, which was read and approved of, and is in the following words : " Fishkill, Nov. 28th, 1776. " Sir — The measures pursued for obstructing Hudson's river have hitherto proved ineffectual, and the necessity of preventing the enemy's penetrating into the northern part of this State is obvious. The Committee of Safety have taken this matter into consideration, and entered into resolves, of which I have the honour of enclosing you a copy. " They look up to you, sir, for the accomplishment of this work, sensible that your abilities and extensive com- mand will enable you to devise a plan and direct such measures as will speedily effect it. " General Geo. Clinton, who has this point much at heart, has made a survey of the river opposite Pollepel's island, with the soundings, at two different stations ; a co- py thereof I also herewith enclose you. " I am, very respectfully, sir, " Yours, &c. " Major-Genl. Schuyler." Mr. R. R. Livingston reported a draft of a letter to Genl. Washington, which was read and approved of, in the words following, vizt : " Fishkill, 28th Novr. 1776. " Sir — Agreeable to the directions of the Committee of Safety of this State, I do myself the honour to transmit the enclosed resolutions, and to request, if your Excellen- cy should concur with them in sentiment, that you would, by uniting in, add weight, to their application to the Ho- nourable the Congress. " The enemy have long manifested an intention to pos- sess themselves of this State, to which indeed its central and commanding situation very naturally invites them. Past experience, with the blessings of heaven upon your Excel- lency's vigilance and skill, must ere now have convinced them that this is impracticable, unless by means of their navy, against which every motive concurs in inducing us to guard. Your Excellency will easily conceive the reasons which influenced the committee to wish that this business may be confided to General Schuyler, whose activity, aid- ed by his knowledge of the country and its resources, to- gether with the leisure afforded him by the retreat of the enemy from the northern frontier, give him many advan- tages over any gentleman in whom those circumstances do not so happily unite ; they cannot therefore but hope that the whole of the enclosed resolves will meet with your Excellency's approbation. " If unfortunately they should be deceived in this hope, they will, when your Excellency favours them with your sentiments thereon, endeavour to render them conforma- ble to your wishes. " I have the honour to be, &c. " To His Excellency, Genl. Washington." A muster roll of a part of Capt. John Wisner's compa- ny from Orange county in Colonel NicolPs regiment, was produced to the Committee for payment of the bounty, and committed to Mr. Newkirk, Mr. Contine and Mr. Adgate, to audit and report thereon. A pay list of men belonging to Colonel Nicoll's regi- ment, who had through sickness or otherwise been pre- vented from joining the regiment when mustered, was presented and committed to the same committee. A pay roll of a detachment of the ninth regiment of Al- bany militia from the 5th to the 16th days of October last, while employed in hunting lories in Kinderhook and Kings districts, amounting to eighty-four pounds eleven shillings and sixpence halfpenny. A billetting roll of the same detachment, amounting to eighteen pounds seven shillings and one penny, was also produced, and committed to the committee above men- tioned. Mr. Wisner from the committee appointed for securing the frigates, made the following report : " Your committee to whom was referred the securing of the frigates at Poughkeepsie, report the following re- solves to be served on Capts. Tudor and Lawrence re- spectively : " 1st. That they fit their respective ships, Congress and Montgomery, with all the despatch possible, with so much rigging as is necessary to remove them from Poughkeep- sie : " 2nd. That they proceed up the river with the first fair wind after the ships are ready, as far as Roundout kill or creek, near Esopus Landing, where they are to be winter- ed, if after carefully sounding the depth of the water on the bar at the mouth of the creek, they find they can be safely carried in : " 3rd. If upon strict examination there is not found wa- ter enough safely to carry the said ships into the creek, then they are to proceed with all the despatch possible, (after taking on board the best pilots they can procure,) to Claverack dock, and there secure the ships in the best manner in their power : " 4th. That the quantity of lead in possession of the Convention of this State is so small, that there is none at present to be spared for any other use than musket ball. "HENRY WISNER, Chairman." Resolved, That the Committee of Safety agrees with their committee in the said report, and that the same stand confirmed. A letter from Elihu Marvin, chairman of Orange coun- ty, dated the 18th, was read, wherein he requests the di- rection of the Committee as to what they shall do with Cornelius Thorp and one Murrie, who have altered Con- gress money bills — one of whom, Thorp, is in jail at Go- shen. Ordered, That the consideration thereof be deferred. Resolved, That the committee appointed to report the form of a constitution and government for this State, meet every afternoon at 4 o'clock. Die Jovis, 4 ho. P. M. November 28th, 1776. The Committee of Safety met. Present — Pierre Van Cortlandt, Esqr. Vice-President. Mr. Duane, Mr. R. Harper, Mr. Dunscomb— New-York. Mr. G. Livingston — Dutches. Mr. A. Yates, Mr. Adgate, Mr. R. Yates, Mr. Cuyler— Albany. Col. Van Cortlandt — Westchester. Mr. Miller, Mr. W. Smith, Mr. L'horamedieu— Suffolk. Col. Allison, Mr. Wisner, Mr. Little— Orange. Mr. Contine — Ulster. Mr. Newkirk, Mr. Moore — Tryon. Major Webster— Charlotte. The committee to whom was referred the muster roll of Captn. John Wisner's company, and the roll of other men belonging to different companies in Colonel Nicoll's regi- ment, who had not received their whole bounty, reported a stated account of the bounty of the whole regiment, with a certificate endorsed thereon, in the words following, to wit : JOURNAL OF THE COMMITTEE OF SAFETY. 723 " Your committee, appointed this day to audit the seve- ral muster rolls of Colonel Isaac Nicoll, do certify, that the sum of one hundred and eight pounds is a balance due to the said Colonel Nicoll for the bounty of his regiment, agreeable to the within account. "MATHEW CANTINE, " MAT. AD GATE, "BENJ. NEWKIRK. « November 28th, 1776." The said committee further reported, that the sum of forty-four pounds, part of a sum of sixteen hundred pounds advanced to the county committee of Orange county, to pay the first moiety of the bounty of that regiment, remains in the hands of the chairman and deputy chairman of the county committee of Orange county, or one of them, un- appropriated, which, in the opinion of the committee, ought to be paid to Colo. Nicoll, as part of the money due to him for the balance of the bounty due to his regiment. Ordered, That the Treasurer of this State pay to Colo- nel Nicoll the sum of sixty-four pounds, for the bounty of his regiment, taking Colonel Nicoll's receipt for the same. And, Ordered, That the chairman and deputy chairman of the committee of Orange county, or one of them, pay to Colo- nel Isaac Nicoll the said sum of forty-four pounds, in full for the bounty due to his regiment. Mr. Duane reported the draft of a letter to John Han- cock, Esqr. President of the Continental Congress ; which was read and approved of, in the words following, to wit : " In Committee of Safety ) for the State of New- York, > " Fishkill, November 28th, 1776. ) " Sir — I have the honour to enclose you resolutions of the Committee of Safety, respecting the more effectual ob- struction of Hudson's river. No object appears to them of more importance, when they consider either the safety of this State, the supply of the Continental army, or the preservation of the communication between the southern and eastern States. Experience has evinced, that if the navigation had been rendered impassible opposite to Fort Washington, it must have been attended with infinite ad- vantage ; among which even the security of the garrison and military stores at that fort, is not the most considera- ble. Indeed it is no presumption to suppose, that after the fruitless attempt of the British army to penetrate the coun- try through the While Plains, they must have closed the campaign, at least in this quarter, with disappointment and disgrace. Their success in reducing the fort revived their spirits ; and the evacuation of Fort Lee, in consequence of it, opened a passage for them into the defenceless parts of New-Jersey. " In projecting the obstruction between Anthony's Nose on the eastern shore and Fort Montgomery, we endeavour- ed to avail ourselves of the model of that which had proved effectual in the River Delaware, and were assisted by the advice and experience of Capt. Hazelwood. But the great length of the chain, being upwards of 1,800 feet, the bulk of the logs which were necessary to support it, the im- mense weight of water which it accumulated, and the ra- pidity of the tide, have baffled all our efforts. It separated twice, after holding only a few hours, A. ; and we have too much reason to despair of its ever fully answering the im- portant purpose for which it was constructed. A like dis- appointment, we are informed, happened at Portsmouth : the chain intended to obstruct the navigation of that har- bour, proved equally ineffectual. " These considerations have induced us to explore the depth of the river throughout the Highlands, in which a committee of Convention have been assisted by General Geo. Clinton. The distance and depth of water at the north entrance, which on this experiment is found to be the fittest place, will be seen by the enclosed plan B. It is proposed, with the approbation of the Honourable Con- gress, to obstruct the navigation in this part by cassoons, which it is conceived will be very practicable. The Con- vention wish, on account of General Washington's distance from the place, and the multiplicity of business with which he is encumbered, that the direction of this work may be committed to Major-General Schuyler, who we believe every way qualified to insure its success. Timber and stones can be conveniently procured, and when the cam- paign terminates the troops cantoned in this part of the country may be employed in rotation to assist in the work. But no time is to be lost in preparing the materials, and we shall wait with anxiety for the determination of the Honourable Congress, on a subject which, in the opinion of the Committee, is of the utmost moment to the United States. " If the enemy persevere in their plan of subjugating these States to the yoke of Great Britain, they must, in proportion to their knowledge of the country, be more and more convinced of the necessity of their becoming mas- ters of Hudson's river, which will give them the entire command of the water communication with the Indian na- tions, effectually prevent all intercourse between the east- ern and southern confederates, divide our strength and en- feeble every effort for our common preservation and secu- rity. " That this was their original plan, and that General Carlton and General Howe flattered themselves with the delusive hopes of uniting their forces at Albany, every in- telligence confirms ; and it appears to the Committee that they will not give up this grand object, until they shall final- ly relinquish the project of enslaving America. " The committee take the liberty to submit these reflec- tions to the Honourable Congress. If they are well found- ed, an early and vigorous preparation to oppose the pro- gress of the enemy in this quarter, must be indispensable, and the defence and security of Hudson's river a principal object of that preparation. " We are informed that some merchants in the eastern States are pursuing the scheme of transporting flaxseed to France, to be shipped as is apprehended, from thence to Ireland. If it is necessary to make Great Britain feel the distresses of the war by obstructing the manufacture of linen, this project will demand the attention of Con- gress ; and in the opinion of this Committee, nothing less than the entire prohibition of the exportation of flaxseed will afford an adequate remedy. Another very important advantage must arise from such a measure: it will encou- rage the linen manufactory in these States, to which of all others they are the most competent. " However severe the sudden reverse of fortune which we have lately experienced ; however melancholy the loss of our metropolis, sea coast and four of our counties, and the aspect of that part of our State which has been plun- dered and desolated by a retreating enemy, barbarous be- yond all description ; and however great the number of our ruined friends who are left naked and destitute in an in- clement season, and a country without commerce or the means of affording them clothing ; I have the satisfaction to assure you that the fortitude of this State, and their zeal for the glorious cause in which we are engaged, is not abated ; on the contrary, we are prepared to meet even severer misfortunes with a spirit and firmness becoming the generous advocates for liberty. Unhappy am I to add, that amidst all our sufferings, the army employed for the protection of America, have not refrained from embittering even the calamities of war. At a time when the utmost resources of this State were laid open to their wants, and the members of Convention personally submitted to the labour and fatigue which were necessary on a sudden emer- gency ; and after frequent losses of provisions and barracks, to supply too numerous armies augmented by the militia, with every article which they required, the court-house and the remains of the village at the White Plains, which had been spared on the retreat of our forces, were even after the enemy had in their turn retired, wantonly destroy- 724 JOURNAL OF THE COMMITTEE OF SAFETY. ed without the orders, and to the infinite regret of our worthy General ; besides, in spite of all his Excellency's efforts wherever our troops have marched or been station- ed, they have done infinite damage to the possessions and farms, and pilfered the property of the people. I am di- rected, sir, to submit it to the Honourable Congress, whe- ther some effectual remedy ought not to be provided against such disorderly and disgraceful proceedings. The soldier who plunders the country he is employed to protect, is no better than a robber, and ought to be treated accordingly. And a severe example ought, in the opinion of the Com- mittee, to be made of the officer, who without any neces- sity or his General's permission, set fire to the court house and other buildings at the White Plains ; he is guilty of the crime of arson, and if he cannot be punished by the articles of war, ought to be given up to the laws of the land. If so glaring a violation of every sentiment of hu- manity should be passed over in silence ; if the army is not seasonably restrained from such acts of barbarity, the consequence must be fatal to the cause of a people whose exalted glory it is, to be advocates for the rights of man- kind, against the tyranny and oppression of lawless power. " The resolutions which the Committee of Safety have passed upon this subject are herewith transmitted. " I have the honour to be, with great respect, " Sir, your mo. ob. and very hbl. servant, " By order, " PIERRE VAN CORTLANDT, " Vice-President. " To the Honble John Hancock, " President of the Congress of the United States." Mr. Duane produced the draft of a letter to Major-Ge- neral Heath, which was read and approved of, in the words following, vizt. " P. M. Novr. 28th, 1776. " Sir, — The Convention of the State, impressed with a sense of your politeness and attention to them, have di- rected me in the strongest terms to return their thanks for your several favours, the intelligence communicated, the anxiety you express for the better security of this State and the success of our common cause, by obstructing Hud- son's river, and preserving the important communication between the eastern and southern governments. " We have taken into consideration the plan suggested by Brigadier-General Clinton for obstructing the river op- posite to Pollepel's island, and conceiving it to be practi- cable, we are determined, with the permission of Congress, to proceed with the utmost vigor to carry it into effect. The assistance you so cheerfully promise, will be very es- sential, and we shall from time to time avail ourselves of it." [Remainder of this letter not inserted in the minutes.] DIE VENERIS, 9 ho. a. m. 29th Novr. 1776. The Committee met pursuant to adjournment. Present — P. Van Cortlandt, Esqr. Vice-President. Mr. Duane, Mr. Dunscomb, Mr. Jay — New-York. Col. Van Cortlandt, Col. Drake — Westchester. Mr. A. Yates, Mr. Adgale, Mr. R. Yates, Mr. Cuyler— Albany. Major Webster, Mr. Duer— Charlotte. Mr. Miller, Mr. W. Smith, Mr. L'hommedieu— Suffolk. Mr. Moore, Mr. Newkirk, Mr. Harper— Tryon. Mr. Conline — Ulster. Mr. Wisner, Col. Allison, Mr. Little — Orange. Mr. G. Livingston, Mr. Sacket — Dutchess. On reading the letter of Isaac Paris, Esqr. chairman of the committee of Tryon county, dated the 13th inst. in- forming of the commitment of Capt. John Winn to Tryon county jail, on a charge of having killed one of his men by a push of the muzzle of his gun into his belly, Resolved, That the committee of Tryon county have acted prudently, and as became guardians of the lives and liberties of their fellow citizens, in committing John Winn to confinement for trial. Resolved, That the said Captain John Winn be con- tinued in confinement until he shall be tried in a regular court of justice. Resolved, That the committee of Tryon county be au- thorized and requested to appoint a jailer pro tempore, to take charge of the jail of Tryon county and prisoners therein, until further order of the Convention of the Repre- sentatives or future Legislature of this State. Ordered, That a copy of the above resolutions be trans- mitted to Isaac Paris, Esqr. chairman of that committee. A member informed the Committee that Captain James Stewart is attending at this place, and complains that he is without a commission, and that Colonel Malcolm alleges that he cannot pay him until he settles with Convention for the money he has received. Captain Stewart also desires to know whether he is to be continued in service. Ordered, That the case of Captain James Stewart and his accounts be referred to Mr. Contine, Mr. Adgate and Mr. Newkirk, to report thereon, and that they report their opinion whether it is proper to continue him in service. Mr. Adgate gave notice that he shall, to-morrow, move to have the resolutions passed on the and inst. ap- pointing Mr. L'hommedieu, Colonel Allison and himself, a committee to take care of the poor, and giving them powers for that purpose, reconsidered. The committee appointed yesterday to examine the pay- roll and the subsistence roll of a detachment of the militia of the ninth regiment of the militia of Albany, ordered to hunt for and apprehend tories in Kinderhook and Kings district, in the county of Albany, from the 5th to the 16th day of October, 1776, inclusive, delivered back the said two rolls, with an endorsement on each in the words fol- lowing, vizt : " Your committee, appointed to audit the within roll, do report that they are not furnished with any proper vouchers for the calling out said militia, therefore are of opinion they cannot properly audit said roll. " 29th Novr. 1776. " BENJN. NEWKIRK, " MAT. ADGATE, " MATHEW CONTINE." Ordered, That the said pay and subsistence rolls be re- turned. DIE SABBATI, 10 ho. a. m. Novr. 30th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. V. Prest. Mr. Duane, Mr. Dunscomb, Mr. R. Harper, Col. Lott — New-York. Col. G. Drake — Westchester. Mr. A. Yates, Mr. R. Yates, Mr. Adgate, Mr. Cuyler — Slbany. Col. Allison, Mr. Little — Orange. Mr. W. Smith, Mr. Miller, Mr. L'hommedieu— Suffolk. Mr. Moore, Mr. W. Harper, Mr. Newkirk— Tryon- Mr. Contine— Ulster. Mr. G. Livingston — Dutches. Mr. Duer, Major Webster — Charlotte. Mr. L'hommedieu informed the Committee of Safety, that the gentlemen appointed with him to report on the in- voice of goods purchased by Mr. E. Lott and Jno. R. Li- vingston, at Boston. Mr. Gilbert Livingston, one of the secret committee, re- quested an order on the Treasurer for £2,000, to enable him to discharge sundry demands for money brought against the said committee. Ordered, That the Treasurer of this State advance to Gilbert Livingston, Esqr. one of the members of the secret committee, the sum of two thousand pounds, towards de- fraying the expenses incurred by said committee, he to be JOURNAL OF THE COMMITTEE OF SAFETY. 725 accountable to this Committee, or Convention of this State, for the same. On motion of William Duer, Ordered, That the secret committee do report the pro- ceedings and expenditures of the said committee to this Committee, or the Convention of this State, on or before the 20lh of December next. A letter from Hugh Hughes, assistant quarter-master- general, relative to cattle which were drove up to the lines, with account of said stock enclosed, referred to Colonel Drake and Mr. Little. A letter from A. Hawkes Hay to John McKesson, was read ; therein is contained an account for provisions due to Edward W. Keirs, amounting to upwards of £400, and an account for liquors, amounting to upwards of £155. Ordered, To be referred to a committee to audit and re- port theieon. Robert R. Livingston informed the Committee that he had, agreeable to their request, conferred with Major-Ge- neral Heath and Brigadier-General Clinton, on the subject of the resolutions of the 26th inst. That he had endea- voured, from the best evidence he could collect of the enemy's motions, to form some judgment of their inten- tions ; that from this he was led to believe that they did not intend to make any attack on the Highlands, or at least, not upon any other than the passes on the post road, which they might possibly attempt by landing their troops at Peekskill. That all their forces appear to be drawn from Westchester county ; so that they do not probably intend to march up to the White Plains this season. That General Heath's division, including those of the forts in the Highlands, consists of about 2,000 men, without counting General Scott's brigade. That it is the opinion of the Generals, that considering the strength of the ground, this will be sufficient to repel the enemy and maintain the pass till they can be reinforced. That Mr. Livingston had reason to believe that General Lee had already crossed the river with his division to join General Washington ; for which reason, he did not think it neces- sary to go to the Plains in one particular, as there was no apparent danger that the posts occupied by General Lee would be attacked ; and he was able to obtain every neces- sary information from the General, with whom he convers- ed at Peekskill. That from them he collected, that after the removal of General Lee's division, there would remain under the command of General Spencer, about the White Plains and places adjacent, about 3,000 men; which with the works already erected and the natural strength of the ground, the Generals were of opinion were sufficient to maintain those passes. That they were also of opinion that the passes on the west side of the river were suffi- ciently secured. That they did not therefore think it ne- cessary at present to call out the militia, but wished to have those of Ulster and Orange counties put under march- ing orders. That as Mr. Livingston was apprehensive of the ene- my's being able to cross Hudson's river with much more expedition than our army, he had inquired of the Generals what number of boats we were furnished with, and had the satisfaction to find that we had sufficient to transport one brigade at each trip. Mr. Livingston further informed the Convention that he had conferred with Major-General Heath and Brigadier- General Clinton about obstructing Hudson's river atPolle- pel's island, (at which conference Mr. Machier assisted ;) that it appeared to them to be extremely practicable, and that he had the pleasure of assuring the Convention that both Generals seemed strongly impressed with a sense of the importance of that work but determined to give every assistance in their power to perfect the same, or rather to take it upon themselves, which His Excellency General Washington's orders on that head, (which General Heath was so obliging as to communicate to Mr. Livingston,) hap- pily enabled them to do. 182 That in this conference it was determined that 500 men, under the command of Brigadier-Genl. Clinton, should this day match for Fort Constitution, in order to begin the work on Sunday morning, in case they can be provided with 300 axes by this Convention, all other tools having been furnished out of the Continental stores. Mr. Livingston further informed the Convention, that having conferred with Mr. Mackin about the chain, he had reason to believe, that with proper alterations it might still be made very useful ; that he had therefore taken the liberty to direct him to make the necessary alterations in the mode of fixing the same, and removing it to any situa- tion where it can be most advantageously placed ; of which measure, if the Convention approve, he begs some reso- lution to justify his proceedings therein. That from the whole of the above conference, Mr. Li- vingston was of opinion that the following resolutions were necessary, which he therefore begs leave to recommend : Resolved 1st, That Mr. Cuyler and Mr. Duer be autho- rized and requested to employ such and so many persons as they shall think fit, to purchase and collect 300 felling axes ; and that they have power to impress the same where there is more than one in a family, paying the full value or offering to return the same on or before the first day of January next ; and that they advance such sums of money as they shall think necessary for the purpose, which this Committee will repay ; that the axes so obtained be delivered to General Geo. Clinton or his agent, taking a receipt therefor as so many axes delivered into the Conti- nental store. Resolved 2nd, That the persons so employed set out on this business immediately, and return all the axes they shall obtain this day to General Clinton or his agent, at New- Windsor, by 7 o'clock on Sunday morning, or as soon after as possible. That in order to compensate their extraordi- nary fatigue, one shilling will be paid to each agent for every axe by him delivered, over and above his wages and expense of carriage. Resolved 3d, That John Teller, John Elmendorf, Jere- miah Clark and Nichs. Brewer, Junr. be appointed agents to collect within one week as many boats, scows and crafts as are fit for carrying stone ; that they have power to hire or impress the same, ferry boats excepted, permitting the owner of every boat with sails to put one hand on board, if he shall choose it, and giving a receipt therefor, which receipt shall specify the hire agreed for ; that the boats be delivered to General Clinton, or his agent, at New-Wind- sor, with all possible despatch ; that on such delivery to General Clinton, they be respectively appraised by three respectable freeholders, and a similar receipt taken there- for by the persons delivering the same. Resolved 4th, That Mr. Gilbert Livingston cause the spars and timber purchased by the secret committee to be immediately rafted to New-Windsor, and delivered to Ge- neral Clinton, or his order, and that a receipt be taken therefor. Resolved 5th, That Gilbert Livingston, Esqr. be em- powered to cause three tons of iron of an inch and a half, and one inch and three quarters thick, being an equal quantity of each, or such other quantities and sizes as Genl. Clinton may direct, to be delivered as soon as possi- ble at New-Windsor. Resolved 6th, That Mr. Cuyler, Mr. Cantine and Colo- nel Allison be a committee to supply such other necessa- ries as Genl. Geo. Clinton may apply for, in order to perfect the obstructions of the navigation of Hudson's ri- ver ; that they be empowered to draw on the treasury for a sum not exceeding £400, to defray the expense thereof. Resolved 7th, That all the troops of this State who are not by the terms of their enlistment confined to particular counties, except those in the counties of Charlotte, Tryon, Cumberland and Gloucester, be ordered down to Fort Constitution, and be annexed to General George Clinton's brigade till the first day of January next, and that letters 726 JOURNAL OF THE COMMITTEE OF SAFETY. be written to the chairman of the county committees where the troops are under their direction. Resolved 8th, That the militia of Orange and Ulster counties hold themselves in readiness to march at a mo- ment's warning to oppose the invasion of the enemy on the west side of Hudson's river ; that Brigadier-Genl. Clinton issue orders accordingly, and that they march for that pur- pose on receiving the orders of Major-General Heath, pro- vided such orders shall be given within one month. Resolved and Ordered 9th, That a copy of the last preceding resolution be transmitted to Major-General Heath, and Brigadier-Generals Clinton and Scott. Resolved 10th, That this Committee agree with Mr. Livingston in his report in the preceding resolutions, as amended. Resolved 11th, That Mr. Machine he requested and authorized to alter and fix the chain intended for the ob- struction of Hudson's river, in such manner, and at such place as he may think best calculated to answer the pur- pose for which it was intended, and that this Commiitee will advance the money necessary to defray the expense thereof. Ordered 12th, That a copy of the preceding resolutions be transmitted to Major-General Heath and Brigadier-Ge- neral Geo. Clinton. Resolved 13lh, That the draft of the letter to the Ho- nourable Continental Congress agreed upon by the Com- mittee, and directed to be despatched, be altered [to con- form] to the proceeding report and resolutions, and that Mr. Duer be requested to prepare the alteration. Resolved 14th, That a copy of the preceding resolu- tions be transmitted in a letter to Major-General Schuyler, and that he be requested to meet and consult with General Clinton on the plan for obstructing Hudson's river, near Pollepus island, and that Mr. Duane prepare a draft of the said letter. A letter was received from General Scott, dated at Ha- verstraw on the 28th, representing the exposed situation of that part of the country, and the uncertainty of his being able to retain his brigade in service, a month longer, not- witstanding all his efforts. Whereupon, Resolved, That a copy of such parts of General Scott's letter of the 28th, as relates to his present situation of his dread of that part of the country, be sent to General Heath, and that General Heath be requested to give such relief to General Scott, as the particular circumstances of that part of the country may require. Mr. Duer pursuant to a resolution of this morning, report- ed certain alterations he had made in the draft of a letter to the Honble. the President of the Continental Con- gress, agreed to on the 28th inst. which were approved of, and by which the following was substituted instead of that part of said letter contained between the words " defence- less parts of New- Jersey ," in conclusion of the first para- graph, and the words " however severe the sudden reverse of fortune," in beginning of the last paragraph, vizt : " In perfecting the obstruction between Anthony's Nose on the eastern shore and Fort Montgomery, we endeavoured to avail ourselves of the model of that which had proved effectual in the river Delaware, and were assisted by the advice and experience of Capt. Hazelwood, but the great lengtli of the chain, being upwards of 1800 feet, the bulk of the logs which were necessary to support it, the immense weight of water which it accumulated, and the rapidity of the tide, have baffled all our efforts ; it separated twice after holding only a few hours. " Mr. Mechin, the engineer at Fort Montgomery, is of opinion tha' with proper alterations it may still be of ser- vice in another part of the river, and we have, with Ge- neral Heath's concurrence, directed him to make the trial. But we have too much reason to despair of its ever fully answering the important purpose for which it was con- structed. A like disappointment, we are informed, hap- pened at Portsmouth ; the chain intended to obstruct the navigation of that harbour, proving equally ineffectual. These considerations have induced us to explore the depth of the river throughout the Highlands, in which a commit- tee of the Convention have been assisted by Gen. George Clinton. The distance and depth of water at the north entrance, which, on the experiment, is found to be the fit- test place, will be seen by the enclosed plan. General Heath, on a conference with General Clinton, has been pleased to recommend the obstruction of the navigation in this part of the river by cassoons, and the Committee of Safety, after mature deliberation, conceiving it to be very practicable, have agreed to the further resolutions, which are herewith transmitted. They wish on account of Ge- neral Washington's distance and the multiplicity of busi- ness with which he is encumbered, that the direction of this work may be committed to Major-General Schuyler, who we believe to be every way qualified to ensure its success. Timber and stones can be conveniently procured, and when the campaign terminates, the troops cantoned in this part of the country may be employed in rotation to assist in the work. If the enemy persevere in their plan of subjugating the States to the yoke of Great Britain, they must, in proportion to their knowledge of the coun- try, be more and more convinced of the necessity of their becoming masters of Hudson's river, which will give them the entire command of the water communication with the Indian nations, effectually prevent all intercourse between the eastern and southern confederates, divide our strength and enfeeble every effort for our common preservation and security. That this was their original plan, and that Ge- neral Carlton and Genl. Howe flattered themselves with the delusive hopes of uniting their forces at Albany, every intelligence confirms ; and it appears to the committee that they will not give up this grand object until they shall finally relinquish the project of enslaving America. " The committee take the liberty to submit these reflec- tions to the Honourable Congress. If they are well found- ed, an early and vigorous preparation to oppose the pro- gress of the enemy in this quarter must be indispensable, and the defence and security of Hudson's river a principal object of that preparation." Ordered, That a copy of the said letter, as amended, be engrossed and signed by the President and transmitted. Sunday, P. M. December 1st, 1776. Mr. Duane, Mr. Dunscorab, Mr. Roosevelt, Colo. Lott — New-York. Mr. A. Yates— Mbany. Mr. Moore, Mr. Miller, Mr. W. Smith, Mr. L'hommedieu, Col. Drake, Col. Van Cortlandt. Mr. Duane presented the draft of a letter to Major-Ge- neral Schuyler, which was read and approved of, and is in the words following, vizt : " Sir — At a late conference between Mr. Livingston, one of our members, and the Generals Heath and Geo. Clinton, at Peekskill, the obstruction of Hudson's river near PoleopeFs island, was determined upon, and the ne- cessary preparations are making by impressing axes and boats and drawing together a number of men for carrying on the work with vigour and despatch. " It is a favorite plan of Genl. Clinton's, who is for the present permitted to attend to its execution, and we wish it may be in your power at least to give him the advantage of your opinion and advice. The disappointment of two attempts to obstruct the river at Fort Washington and Fort Montgomery, increases our anxiety for the success of the present effort. " It was discovered to our great satisfaction that General Heath's instructions from General Washington, which he willingly communicated at the conference, enabled him to proceed in this important work, at the Continental expense, without further authority from the Honourable Congress. We are very sensible they would cheerfully have concur- red in every expedient for the security of Hudson's river, on which the safety of this State, the neutrality of the In- JOURNAL OF THE COMMITTEE OF SAFETY. 727 dian nations and the communication between the southern and eastern confederates, absolutely depend ; yet we fore- saw that if their approbation had been essential, the pre- parations must have been suspended so long that the exe- cution of the business might have become impracticable. I have the honour to transmit to you the resolutions of the Committee of Safety on this subject. " And am, with great respect, " Sir, your mo. obt. hble. servt. " By order. " Major Genl. Schuyler." Ordered, That a copy be engrossed and signed by the President, and transmitted. Mr. Duane reported the draft of a letter to Brigadier- General Scott, which was read and approved of in the words following, vizt : " Sir — Your favor of the has been laid before the Committee of Safety. Upon a late conference between Mr. Livingston, who attended for that purpose, and Gene- rals Heath and Clinton, at Peekskill, the obstruction of Hudson's river near Pollepol's island has been resolved upon, and the necessary preparations are making for carry- ing on the work with the utmost vigour and despatch. Or- ders are likewise given to the militia of Orange and Ulster counties to hold themselves in readiness at a moment's warning to oppose the invasion of the enemy on the west side of Hudson's river and to march on receiving notice from General Heath, it having been concluded at the con- ference that this measure was preferable and for the pre- sent sufficient. " Your last despatches had not at this time come to hand. An extract on the subject of the reinforcement you think necessary, was therefore directed to be transmitted to Genl. Heath. Some of the Continental regiments which have been employed to the northward are now returning ; they have still a month to serve, and may, if General Heath approves of it, be sent to support you without increasing the public expense, and distressing the State by moving the militia ; but this is a measure out of our province. "The Committee of Safety intended the £1,500 as a gratuity to your brigade, for their past services. They leave the disposal and distribution of it to your judgment, agreeable to their former resolutions. " I am, sir, your mo. obt. servt. " Brigadier-Genl. Scott." A draft of a letter to be addressed to John Teller, John Elmendorf, Jeremiah Clark and Nicholas Brewer, Junr. appointed agents for collecting boats, scows and crafts by the third resolution passed yesterday for obstructing the naviga- tion of Hudson's river, was read and approved of, in the following words, vizt : " Deer. 1st, 1776. " Sir — The necessity of obstructing the navigation of Hudson's river near Pollepel's island, having been resolved upon as an object of the utmost moment to the safety of this State, the enclosed resolutions have been adopted. " The advanced season of the year requires that the pre- parations should be made with the utmost vigour; and from an opinion which the Committee of Safely entertain, of your activity and your zeal for the common cause in which we are engaged, they have unanimously appoint- ed you to the trust mentioned in the said resolutions. They entertain no doubt but that you will execute it with fidelity, despatch and cheerfulness. " 1 am, sir, your very obt. servant, " By order." MONDAY MORNING, 2nd Deer. 1776. The Committee met. Present — Col. Van Cortlandt, Vice-President. Col. Lott, Mr. Duane, Mr. Roosevelt, Mr. Dunscomb— .Veui- York. Mr. Webster— Charlotte. Mr. A. Yates, Mr. Cuyler, Mr. Adgate— Albany. Col. Allison, Mr. Little— Orange. Mr. Smith, Mr. Miller, Mr. L'hommedieu— Suffolk. Col. Van Cortlandt, Col. Drake — Westchester. Mr. Contine — Ulster. Mr. R. R. Livingston — Dutches. Mr. Moore, Mr. Newkirk, Mr. Harper — Tryon. A letter from Henry Wisner, Esqr. dated at Goshen, November 30th, 1776, relative to a drove of cattle for the use of the American army, was read and filed. Ordered, That a letter be written to the person who has the charge of the said drove of cattle, directing him to apply for directions of the Commissary-General. Ordered, That a committee be appointed to write to Colo. Trumbull, relative to salt, &c. and that Mr. Duane, Mr. R. R. Livingston and Mr. Cuyler be that committee. A letter from William Miller, dated Harrison's Purchase, Novr. 28, 1776, relative to the records of the county, and requesting the advice of Convention relative to his conduct as an executor to an estate, was read and filed. Ordered, To be referred to the same committee. Mr. R. R. Livingston delivered in sundry accounts, which were put into his hands by Frederick Jay, Esqr. from the committee of Westchester county. Ordered, That they be referred to Mr. Adgate, Mr. Contine and Mr. Newkirk. An account of Major Abeel for sundry expenses incurred in apprehending sundry disaffected persons on Long is- land, by order of Philip Livingston and the other gentle- men of the committee appointed for that purpose in New- York. Referred to Mr. Roosevelt and Mr. Dunscomb. A certificate signed by Captain Abraham Swartwout at Fort Montgomery, November 9th, 1776, certifying that there is due to Ensign T. Finch, his enlisting money for ten men, enlisted for Capt. Swartwout's company. Referred to the above committee. A draft of a letter to Stephen Gilbert, the person who has charge of the cattle mentioned in Mr. Wisner's letter, received and read this day, was read and approved in the following words : " Committee of Safety, 3 " Fishkill, Deer. 2nd, 1776. \ " Sir — Mr. Wisner informs the Committee of Safety that about 450 cattle purchased for the use of the Conti- nental army, are now at Smith's clove under your care, and desires our opinion how they ought to be disposed of. We desire you to apply to the Commissary-General for his di- rections. We have not authority to interfere, and if we thought it advisable to have the cattle killed and put up, we have no salt. If the cattle are ordered to follow the ar- my, your own prudence will suggest the necessity of using such caution as will prevent their falling into the hands of the enemy. " I am, sir, your hble. servt. "PIERRE VAN CORTLANDT, V.Prest. " Mr. Stephen Gilbert." Ordered, That the same be transmitted. Colonel Drake delivered in the report of the committee relative to cattle, stock, &c. in Westchester county, which was read and recommitted, and Mr. Duane added to the committee. The committee appointed to take into consideration the memorial of Capt. James Stewart, delivered in their report, which was read, and is in the words following, vizt : " That on examining the muster and subsistence rolls of Capt. Stewart, to the lime of his having joined Colonel Malcom's regiment on the 22nd of August last, as also what money was paid to ihe said Capt. Stewart, they find a balance of £31 2s. Od. due to him for bounty and sub- sistence for his company ; and that as Capt. Stewart has fully acounted for the money advanced to him by this State, he ought to receive his pay." 728 JOURNAL OF THE COMMITTEE OF SAFETY. Resolved, That the Committee of Safety agree with their committee in the said report, Ordered, That the Treasurer of this State pay to Cap- tain James Stewart the sum of £31 2s. Od. in full for bounty and subsistence due to his company, until it became a part of Colonel Malcom's regiment. The committee to whom was referred the pay and sub- sistence rolls of Charlotte county rangers, deliverd in their report, which was read and agreed to, and is in the words following, that is to say : " Your committee to whom was referred the pay and subsistence rolls of Charlotte county rangers, do report : On examining the said pay and subsistence rolls, we find that by the incorrectness in the original rolls, that are signed by the captains, they have been necessarily redrawn and corrected ; and as the captains have not signed and at- tested said rolls, we give it as our opinion that the said pay and subsistence rolls be sent to the committee of Charlotte county, and that the form of the oaths as direct- ed by this House be wrote on the back of each of the said rolls and signed by the captains, that thereby proper vou- chers may appear to said rolls, and returned to this Con- vention. And whereas great difficulties may arise to said men for want of said pay, we give it as our opinion that the balance of four hundred and thirty-four pounds three shillings and five pence three farthings, due on said rolls, be sent to the chairman of the committee of the coun- ty of Charlotte, to be paid to said rangers with this par- ticular resolution, that the officers before they receive any of said pay or subsistence money, first make and sub- scribe the oath wrote on the back of said pay and subsis- tence roll, and that a letter be written by the Secretary to the chairman of said committee, enclosing a copy of this report, together with said pay and subsistence roll. " MAT. ADGATE, " BENJN. NEWKIRK, " MATHEW CONTINE." Ordered, That the Treasurer pay to Major Alexr. Web- ster, the sum of four hundred and sixty-four pounds three shillings and 5f d. to be transmitted to the committee of Charlotte county for the pay and subsistence of the ran- gers, taking a receipt of said Major Webster for the same, and that the said committee regulate themselves in paying the said money agreeable to the resolutions of the Conven- vention of the Representatives of this State on the 23rd of July last, for raising, mustering and paying the said ran- gers, and the resolves and instructions of this committee of the 21st of October for the same purpose, and the re- solutions of this committee of the 12th November; that the muster rolls be delivered on oath as therein directed by each commissioned officer of each company, making re- turn before it is transmitted to Convention ; and that they do not advance any part of this money for any rangers, but such as armed and accoutred agreeable to the said resolu- tions of the 23rd of July last. A pay roll of Capt. Isaac Belknap's company of ran- gers, raised in Ulster county from the 10th day of October to the 8lh day of November, 1776, both days included was delivered by the committee to whom it was referred. A certificate is thereon endorsed in the words following, to wit : " I do hereby certify on the oath I have taken before the committee of the county of Ulster, that this pay roll is just and true. "Novr. 24th, 1776. "ISAAC BELKNAP." " We, the subscribers a committee appointed by the Commitlee of Safety, to audit this pay roll, do certify that we have examined the same and allow the sum of £92 13s. 3d. to be due to Capt. Isaac Belknap therefor. " Deer. 2nd. 1776. "BENJ. NEWKIRK, "MAT. ADGATE, " MAT. CONTINE." Ordered, That the Treasurer of this State pay to Capt. Isaac Belknap on his receipt, the sum of £92 13s. 3d. in full, for the pay of his company, from the 10th day of Oc- tober to the 8th day of November, both days included. A roll of subsistence or billeting of the officers, non- commissioned officers and privates of Capt. Belknap's said company, from the 10th day of October to the 8th of Novr. both days included, was also delivered in, cer- tified and audited by the same gentlemen in a manner simi- lar to the above mentioned pay roll ; whereby it is certified that they allow the sum of fifty-four pounds seventeen shil- lings and six pence to be due to the said Isaac Belknap for the billeting of his company. Ordered, That the Treasurer of this State pay to the said Capt. Isaac Belknap, on his receipt, the sum of fifty- four pounds seventeen shillings and six pence, in full, for the billeting and subsistence of his company from the 10th day of October to the 8th day of Novr. both days in- cluded. , A pay roll of a second lieutenant, two non-commissioned officers and eight privates, late part of Capt. Wm. Lud- lum's company in Colonel Josiah Smith's regiment, was delivered to the Committee of Safety. Thereon is wrote an affidavit of Ephraim Marston, the said second lieutenant, sworn before the Vice-President, that the persons therein named are in such parts of this and the neighbouring Stales not in the possession of the enemy-; that they served the time therein mentioned, to wit, one month and seven days. Thereon is also endorsed a certificate in the words, follow- ing, to wit : " Your committee appointed by the Committee of Safe- ty to audit this pay roll, having examined the same, do allow the sum of forty-four pounds twelve shillings and four pence due to Lieutenant Ephraim Marston and the persons therein mentioned. "December 2nd, 1776. "BEN. NEWKIRK, " MAT. ADGATE, "MAT. CONTINE." Ordered, That the Treasurer of this State pay to Lieut. Ephraim Marston the sum of forty-four pounds twelve shillings and four pence in full for the wages due to him- self and the other persons named in the said muster roll, taking Lieut. Marston's receipt for the same. Ordered, That the Treasurer of this State pay to Major James Abeel the sum of twenty-five pounds and six pence, in full for his disbursements for subsisting sundry men un- der his command to Long island for the purpose of appre- hending a number of disaffected persons by order of the committee appointed for that purpose, agreeable to an ac- count delivered in and sworn to by Major Abeel. The committee to whom was referred the account trans- mitted by Colo. Hay, delivered in their report, which was read and agreed to, and is as follows, to wit : " Your committee to whom was referred the letter of A. Hawkes Hay, report, that they have examined the account which was therein enclosed from the precinct of Haver- straw, and find it unaccompanied by any vouchers, except one for £155 19s. 9d. for liquors. That by a certificate at the fool of the account, they find that A. Hawkes Hay, Esqr. has, in his possession, vouchers for every article therein charged. That as the account is for a very con- siderable sum, they are desirous of having the vouchers with it, and therefore are of opinion that the following let- ter be wrote to Mr. Hay, to wit : " ' Sir — The account which you enclosed to Mr. John McKesson from the precinct of Haverstraw for necessa- ries furnished the troops who guarded the shore in July and August last, has been laid before the Committee of Safety, but being unaccompanied by any receipts or vouch- ers, cannot well be audited. I therefore beg that you will send the several vouchers, which by a certificate at the JOURNAL OF THE COMMITTEE OF SAFETY. 729 foot of the general account signed by you, I find are in your possession. " 'I am, &c. " ' A. Hawkks Hay, Esqr.' "MAT. ADGATE, "MAT. CONTINE, "BEN. NEWKIRK." Ordered, That the said letter be engrossed, and signed by the President, and transmitted. Sundry resolutions relative to burning the court house at White Plains were read and agreed to, and are as fol- lows : Whereas this Committee have been informed that sun- dry of the inhabitanis of this State have been unjustly plundered of their property by the troops of the Continen- tal army ; and that the public and private buildings at the White Plains, in the counly of Westchester, have been wantonly and wickedly burned by, as this Convention are informed, an officer and a party under his command, with- out orders from his superior officer : Therefore, Resolved, first, That the laws of the country are not suspended or superseded by the military code or the pre- sence of the army. Second, That in all cases where both the party offend- ing and the party injured are not enlisted in the Continen- tal army, that the offenders are amenable to the laws of the country. Third, That by the laws of this State, the burning of dwelling houses is felony without the benefit of the clergy and punishable with death. Fourth, That a letter be written to General Washing- ton, requesting that the officer directing the burning of the court house and dwelling houses at the While Plains, be delivered to this Committee or the Convention of this State, in order to his being tried by the laws of the State, and if guilty, punished thereby. Fifth, That the Honourable Continental Congress be informed of these resolutions and requested to make such alterations in the military law, as more effectually to pre- vent the robbery and plunder of the inhabitants of those States in which the armies are, and to General Washing- ton, asking his concurrence in such request. Sixth, That this State will make every sacrifice neces- sary for the safety of the general cause of America. At the same time, that they will use their utmost endeavours to repress any wanton or needless destruction of their country or violation of the rights of its inhabitants. Ordered, That a copy be engrossed and transmitted to Congress, and that another copy be transmitted to Gene- ral Washington ; and that Mr. R. R. Livingston prepare and report a draft of a letter to General Washington to en- close the same. A draft of a letter to Congress was read and approved. Ordered, That a copy thereof be engrossed and trans- mitted. The committee to whom was recommitted a letter from Mr. Hughes, assistant quatter-master-general in the Conti- nental army, respecting a quantity of stock driven off by order of Genl. Lee, from the lower part of the county of Westchester, to prevent their falling into the hands of the enemy, have according to order brought the same into Con- vention, and do report the following resolutions. Resolved, That the stock lately removed from the lower part of the county of Westchester to the pasture of Col. McDaniel in Bedford, be put under the direction of Major Jos. Strong and Joseph Young, who are authorized to no- tify in the most public manner the artificial marks of the said stock, and that such of them as belong to the good subjects of this Stale, will be delivered to the owners on a day to be prefixed in the said notice, and that the same shall be delivered accordingly. And that such parts of the said stock as belong to traitors to this State who have join- ed the enemy or fled, or are known to be inimical to the United States, or which shall not be claimed as aforesaid 183 by the good subjects of this State, shall be disposed of to the best advantage, by the persons appointed to take the care thereof, who shall keep a regular account of the marks of the stock, and the price at which each head so sold, and transmit the account and money to be deposited in the treasury of this Slate, and be allowed a reasonable recom- pence for their trouble, provided that such parts of the said stock as shall be delivered to the owners in pursuance of this resolution, shall, if not immediately sold, be secured out of the reach of the enemy, and not returned to the place from whence they were removed by order of Genl. Lee. Ordered, That a copy of the preceding resolution be immediately forwarded to Mr. Jos. Strong and Jos. Young. Ordered, That two copies thereof be engrossed and one transmitted to each of the agents therein named. A draft of a letter to General Washington, was read and approved, and is in the words following, to wit : " Sir — Agreeable to the directions of the Committee of Safety, I do myself the honour to send your Excellen- cy the enclosed resolutions, and to assure you that it is with extreme pain that they find themselves under the ne- cessity of passing them. The singular wantonness and cruelty of the persons concerned in burning the public and private buildings at the White Plains, which even a bar- barous enemy had left uninjured, has excited a general indignation, and made many careless about the event of our cause who may have reason to apprehend as great evils from the licentiousness of their friends, as from the hos- tilities of the enemy. " Other complaints have been offered against the ra- pine of the soldiers, who are accused of plundering a peo- ple, who from the unavoidable miseries of war would, when most tenderly treated, be objects of compassion. " The committee are too well satisfied of your Ex- cellency's benevolence and justice to think that any thing of this kind which comes to your knowledge, will escape the punishment which you are empowered to inflict, but which unhappily is, in many cases, far short of what the crime merits. To this they impute the frequency of offen- ces, and have therefore troubled your Excellency with the request that you will be pleased to concur with them in re- presenting to the Honourable the Congress, the necessity of making it capital for any officer or soldier to pillage the inhabitants, or without your Excellency's command to ra- vage the country which ihey can with pleasure declare they have the highest reason to believe will never be given, but when the interest of the community should require it. To this they flatter themselves, their past resolutions have shown that they are not unwilling to venture every proper sacri- fice — in the mean time, think it their duty to declare that the presence of the army does not supersede the laws of the country, and pray your Excellency's assistance in ena- bling them to execute them upon those who are immediately under your command. " I have the honr. to be, &c. " His Excellency Genl. Washington." Ordered to be engrossed. A letter from Genl. Scott, of the 30th Novr. was read and filed, wherein he states that from the returns, he finds the number of his brigade who are willing to continue in service for another month are too inconsiderable to be re- tained. A letter from Major Lockwood, giving intelligence of the enemy in the Sound, was read and filed. The Committee were informed that Colo. Lott is in ad- vance a considerable sum, as one of the committee ap- pointed to cause the poor to be removed from the city of New-York. Ordered, That the Treasurer of this State, advance and pay to Colo. Lott, the sum of £100, on account of the moneys by him advanced in causing the poor inhabitants to be removed from the city of New-York, by order of the Convention of the Representatives of this State. Adjourned till 10 o'clock to-morrow morning. 731) JOURNAL OF THE COMMITTEE OF SAFETY. Monday, 4 ho. P. M. Deer. 2nd, 1776. The Committee of Safety met on the summons of the Vice-President. Present — P. Van Cortlandt, V. Prest. Mr. Harper— New-York- Col. Van Cortlandt — Westchester. Mr. A. Yates, Mr. Adgate— Albany. Col. Allison, Mr. Little — Orange. Mr. W. Smith, Mr. L'hommedieu, Mr. Miller— Suffolk. Major Webster — Charlotte. Mr. Contine — Ulster. M. R. R. Livingston— Dutches. Mr. Moore, Mr. Harper, Mr. Newkirk — Tryon. Ordered, That the Treasurer of this State pay to Mr. Ben. Hinchman, on his receipt, 10 dollars, for his trouble and disbursements, and his time delayed as an express to Genl. Scott at Haverstraw, with a gratuity sent to be given to General Scott's brigade. Mr. Robert Harper informed the Committee of Safety that the members of Convention appointed a committee to procure the clothing on hand belonging to this State, to be made up for soldiers' use, have disbursed some of their own money to pay poor women, tailors and others by them employed in that business, and in purchasing thread and other materials; that they are yet indebted for the like purpo- ses, and will have daily occasion to make further expendi- tures, and therefore beg an order on the Treasurer for £400. Ordered, That the Treasurer of this State pay to Mr. Robt. Harper, as one of the committee, on his receipt, the sum of £400, for the purpose of such expenditures in pro- curing clothing to be made for the Continental troops, for which sum the said committee shall account to the Con- vention or the Committee of Safety of this State. DIE MARTIS, 10 ho. a. m. Deer. 3rd, 1776. Present — P. Van Cortlandt, Vice-Prest. Mr. Harper, Mr. Duane, Mr. Dunscomb, Mr. Rutgers, Genl. Scott— New-York. Mr. A. Yates, Mr. Adgate, Mr. Cuyler— Albany. Major Webster — Charlotte. Mr. W. Smith, Mr. Miller, Mr. L'hommedieu— Suffolk. Mr. Little. Col. Allison— Orange. Mr. Contine— Ulster. Mr. Moore, Mr. Harper, Mr. Newkirk — Tryon. Col. Van Cortlandt, Genl. Morris — Westchester. A letter from Colo. Isaac Nicoll, dated at Peekskill, on the first day of December instant, and directed to Colo. Pierre Van Cortlandt, was read. He therein informs that there is a considerable quantity of goods and household fur- niture in stores near Orange Town, belonging to Colo. Wil- liam Bayard, and sundry other disaffected persons, who are now actually with the enemy. That there is a consi- derable amount of goods in and about the camp, and two horses, one yoke of oxen and cart belonging to Joshua Barnes, which goods were taken on their way to the en- emy ; that he could have them secured for the good of the State if directed. Ordered, That Mr. Duane, Mr. Moore and Mr. R. R. Livingston, be a committee to consider of and report on the said letter, and to devise an ordinance for securing all estates and effects which are deserted by the owners, or which, though under the care of others, belongto the enemy, or who have absconded. Whereas the Committee of Safety are informed that Mr. Joseph Young has declined the trust reposed in him by the resolution of yesterday, for disposing of the stock in Colo. McDaniel's pastures at Bedford : Resolved, That Mr. William Miller be and is hereby ap- pointed a commissioner in the place of the said Joseph Voting, and that that part of the said resolution passed yes- terday which direcis advertising the artificial marks of the said stock be dispensed with. A letter from Dr. John Bard, dated the 1st inst. was read. The Doctor therein mentions that as teams appear at present much wanted at the Fishkills, he has taken the liberty to offer his for the public service for a week, which he begs may be at his private expense. A letter to Doctor Bard was thereupon drawn, agreed to and sent, in the words following, to wit : " Sir — The Committee of Safety have received your polite letter and generous offer of the use of your team for the public without reward. Mr. Duer, who has the direc- tion of the quarter-master's department, informs us that he will be able to procure a sufficient number of teams for the service. The Committee of Safety have therefore desired me to give orders that yours be immediately returned, and to assure you that they entertain a proper sense of your re- gard for your country in the critical situation of our public affairs. " I am, with great respect, &c." A letter from Francis Lewis, Esqr. one of the marine committee of Congress, dated the twenty-seventh ultimo, was read, and is as follows : " Gentlemen — Upon the information given to the ma- rine committee by Capt. Patrick Dennis, of the then state of the frigates built at Poughkeepsie, the said committee desired me to inform you that it was their opinion, those ships being launched should as soon as possible be sent up to Esopus creek, to be there laid up for the winter, as there appears at present no prospect of bringing them into ser- vice for this year. And it is their opinion that a lieutenant of marines be appointed, with orders given him to imme- diately enlist thirty marines to guard those frigates during winter, and that all such stores that are remaining, together with those belonging to such vessels as were ordered to be sunk in the North and East rivers, be also put under the care of said lieutenant of marines. " That Capt. Dennis, who has at present the custody of all the rigging, &c. belonging to the vessels so sunk, be di- rected to deliver the same to said lieutenant, furnishing him with an inventory of the particulars ; a copy thereof to be signed by the lieutenant, and transmitted to the ma- rine committee, who apprehend ihe stores aforesaid will be this winter wanted by Genl. Schuyler. " In regard to the destination of the frigates for the winter, if you see any likelihood of their being brought into use, they are submitted entirely to your direction. Upon your nominating the lieutenant, his commission will be sent up to you as you, are more immediately upon the spot. In regard to the frigates, the marine committee re- fers it to your judgment to direct what may be necessary to be done with them, and desires you would advise them thereof. " I am respectfully, sirs, " Your very hble. servt. "F. LEWIS. " Phila. 21th Novr. 1776." A letter from Capt. Samuel Tudor, dated at Poughkeep- sie on the 2nd instant, was received and read, and is in the words following, to wit : " Poughkeepsie, 2nd December, 1776. " Gentlemen — We have just received a letter from the marine committee, directing us in every matter to take your directions. We shall proceed with the ships as soon as wind will permit. When we leave the yard, there will be a quantity of plank, timber and stores left, which we beg your advice what to do with. We think it would be pru- dent to pile up the plank and timber, and lock the stores up in the shops. It may likewise be prudent to have a man to take care of them. It has been hinted to us that you intend building floating balteries ; if so, we conceive our JOURNAL OF THE COMMITTEE OF SAFETY. 731 carpenters (the bulk we have just discharged) would be very useful to you, and may now engage, though some are daily going away ; the sooner you let us know whether you want them the better. " We are, gentlemen, your very hble. servts. " SAML. TUDER." Ordered, That Mr. William Smith, Mr. Rutgers and Mr. R. R. Livingston, be a committee to consider of the said letter of Francis Lewis, Esqr. and Capt. Samuel Tu- dor, and report thereon with all convenient speed. A letter from General George Clinton, dated the first inst. was received and read, and is as follows : " Fort Constitution. 1st Decevibcr, 1776. " Sir — I arrived here yesterday evening with two regi- ments, consisting of about five hundred men, destined lor garrisoning this fort, and obstructing the navigation of the river near Polopin's island, agreeable to the resolve of the Convention. I immediately sent off the engineer with about one hundred men to get limber for the purpose, but I am so unfortunate as not to have axes for the tenth part of the number, though I have used my best endeavours to procure as many as I possibly could. Axes therefore, three or four light anchors and cables, drag ropes, screws, scows and other boats for collecting of stores, I must beg the Convention will endeavour to supply me with as quick as possible. The business otherwise must in a great mea- sure stand still ; I have smiths employed making axes, and I shall make them work day and night to replace those you may supply me with ; and when General Lee's di- vision passes the river, and they are now at Peekskill, we shall be able to get a number of boats from that quar- ter, but for the present we must be supplied by Conven- tion, if possible. I have about 40 artificers, which are as many as can be well employed, and being furnished with the above articles only, I hope I shall be able to carry on the work without troubling your Honourable House in some time for any other supplies. "Capt. Bedlovv has hitherto acted here as a commissary of stores, and Mr. Lawrence as clerk of the check, and as there are no other persons appointed to take charge of the stores, tools, &c. or keep the accounts which will be ne- cessarily multiplied by this new business, I am of opinion it will be best to continue them. I am sure if they do their duty, as I don't doubt they will, they will save ten times more than their wages ; especially as it will be out of my power to do my own duty and attend particularly to that part of the business. "There are three or four artificers who have been for some time past employed here, (though not belonging to the ar- my ;) and as I am informed they are industrious, active men, I would wish to continue them, as J believe it will be an advantage ; but I shall not engage any of them to re- main in the service till I can have the advice of Conven- tion. " The bearer, Capt. Bedlow, who will wait your answer and bring down such of the wanted articles as you can fnr- nish us with, will inform you of the scandalous manner some of the militia left this place, without returning the ammunition or other public stores they had been fur- nished with. " Mr. Livingston gave me reason to hope I should have three companies of rangers join me ; I wish to have them, as we shall want all the aid Convention can give us, and I have a strong desire to work those gentry a little. If they should object against going out of their county, as I have heard they do, I'll fix them in it. They will be equally con- venient to the work. " I am with due respect, " Your mo. obt. servt. " GEO. CLINTON. " To the Honble. the Prest. of the Convention, of the State of New-York." Ordered, That this letter be committed to Colo. Allison, Mr. Cuyler and Mr. Contine, the committee appointed to furnish such necessaries as General Clinton may have oc- casion for in the obstruciing the navigation of Hudson's river. A petition of Phoebe Oakley, was read, and is in the words following, that is to say : " To the Honourable the Representatives of the State of New-York, in Convention assembled. " The petition of Phcebe Oakley, of the Borough town of Westchester, in the county of Westchester and State of New- York, " Humbly sheweth : " That your petitioner, to avoid the depredations of a cruel enemy who had then landed at Frogs neck, sent di- vers of her effects lo her brother-in-law Talman Fugsley's, at the manor of Phillipse. That your petitioner hath been inhumanly robbed and plundered of all her said effects by Capt. Ford and his company of Colo. Brewer's regiment. That your petitioner hath not as yet been able to recover any of her effects : for the particulars of which, and the manner in which the same were taken from her and divid- ed among the plunderers, your petitioner begs leave to re- fer to the affidavits subjoined to this petition. " That your petitioner hath been informed that such base and unmanly ravages are not countenanced by the regula- tions prescribed for the government of the American army, but on the contrary hath been advised that the Gene- rals of the said army will, on application, deliver to the civil authority of this State, all such persons as wantonly tres- pass against the laws thereof, and particularly in the cases of theft, robbery and other felonies. " Wherefore your petitioner humbly prays that this Con- vention, who are and ought to be the guardians of the rights of the people of this State, will be pleased lo assert the same by taking cognizance of the crimes committed by Capt. Ford against your petitioner, and extending to him the laws for such cases provided. And further that appli- cation may be made to the Honourable the General Congress for a resolution to compel Captain Ford and his company to make restitution to the many unhappy sufferers whom they have basely stripped and pilfered. And your peti- tioner shall ever pray. "PHEBE OAKLEY." " Dutches County, ss. — Phebe Oakley of the Borough town of Westchester, in the county of Westchester, single woman, of full age, being sworn on the Holy Evange- list of Almighty God, deposeth and saith, that on the day the enemy took possession of Frogs neck, she sent a trunk covered with seal skin, and filled with linen and cloths, and some writings of great value, to her brother- in-law Talman Pugley's, on the manor of Philipse, in order that the same might be out of the way of the enemy ; and that together with the said trunk, she also sent to the same place five feather beds and bedding, one looking glass, one copper coffee kettle with lamp and stand, two muffs in cases, a long blue cloth cloak, one pair of brass knobbed andirons, one painted and one woollen floor cloth, one copper tea kettle, two pewter dishes and one dozen of plates,a whole set of lea china, and a small red trunk belong- ing to Capt. John Berrian, two large willow baskets with a variety of articles and clothing in them, and a pair of boots almost new, a pair of brass candlesticks and some books. That she remembers there werein the said trunk ten yards of pea green taffeta, a light brown mantua gown, a plain satin cloak, a light blue silk quilt, a dark chintz gown, a blue copperplate gown, a chintz frock for a child, one calico bed quilt, 50 yards of new linen, furniture for one bed of blue and white calico, furniture for one bed of white diaper, , furniture for one bed of very dark blue and white calico, furniture for another bed of white diaper, furniture for one bed of white cotton and linen, nine diaper table cloths of different figures, one dozen of diaper napkins, ten homespun and bought linen shifts, one dozen of homespun and bought linen shirts, half a 732 JOURNAL OF THE COMMITTEE OF SAFETY. dozen of muslin sacks, ten pair of linen sheets and ten pair of pillow cases, a striped silk and cotton jacket, three pair of white drilling breeches, one red morocco pocket book, one while satin hat, one dozen pair of linen and cotton stockings, a half a dozen linen and cotton stockings in another parcel, besides a number of caps, handkerchiefs, aprons and children's clothing, the particulars of which she cannot remember ; that in the said trunk were books of accounts, bonds, notes, receipts and title deeds belong- ing to her father, the late Alderman Oakley's estate. That this deponent continued at the borough town of Westches- ter, with her brother's widow, till the enemy had evacuated that place. That then the deponent went to the manor of Phillipse inquest of her trunk and other effects sent there as aforesaid ; that on coming there she was informed by her said brother-in-law Talmon Pngsley, that he had re- ceived the said trunk and other things sent to him as afore- said, but that while he was gone from home with some of his effects, and before he could return for another load his house was plundered as he was informed, and believed to be true, by Capt. Ford and his company of Colonel Brew- er's regiment of the Massachusetts in the American army, and that this deponent's effects aforesaid had been carried away by them ; that her said brother-in-law, further told her he had applied to Captain Ford for restitution of the said effects ; that Capt. Ford confessed that he had some of them, but would not deliver them up or let him see them ; that thereupon this deponent applied to General Heath who behaved to her as a gentleman and man of honor ; that the General told her that he would put him un- der arrest ; that this deponent has never received any of the said effects, but has heard that part of them were sold, and Captain Pollard told her he was informed that Capt. Ford had sent off two or three men to Connecticut with plunder ; and further this deponent saith not. "PHEBE OAKLEY. "Sworn the 2nd December, 1776, ) before me. ) " Pierre Van Cortlandt, V. Prest." " Dutches County, ss. — Tolmon Pugsley of the manor of Philipse, yeoman, in the aforesaid affidavit mentioned, of full age, being duly sworn on the Holy Evangelist of Al- mighty God, deposeth and saith, that he received the trunk and other effects mentioned in the said affidavit, to have been sent to his house by his sister-in-law, Phebe Oakley. That on the day the battle was fought at Chatterton hill at the White Plains, this deponent began to remove his ef- fects to the house of his father, who lived about six miles to the northward of him ; that he arrived at his father's in the evening of the said day with a load of goods ; that he stayed all night at his father's ; that the next morning he returned home with intent to remove the rest of his effects, but to his surprise was informed by his neighbors that his house had in his absence been plundered by Capt. Ford and his company, who were encamped in the neighbour- hood ; that the deponent went in pursuit of the said effects, but hath never been able to recover any of them ; that on his application to Capt. Ford for the said effects, Capt. Ford said he had some things, but did not believe they be- longed to this deponent; that the deponent then described a suit of curtains, bed quilt and other articles, and desired Capt. Ford to examine with this deponent the things he confessed he had, to see if they were not among them ; that Capt. Ford replied he would not show this deponent where the said goods were or what they were, and gave this deponent a great deal of very abusive language ; and further this deponent saith not. " TOLMON PUGSLEY. " Sworn the 2nd day of Deer. 1776, ) before me. $ "Pierre Van Cortlandt, V. President." " Dutches County, ss. — Ebenezer Burrill of Lynn, in the county of Essex, in the State of Massachusetts Bay, a private in Capt. Pollard's company of Colonel Brewer's re- giment of artificers, of full age, being sworn on the Holy Evangelist of Almighty God, deposeth and saith, that the day alter the fight at Chatterton hill at the White Plains, this deponent was at Young's tavern on the manor of Philipse, where he was taking care of some carpenters' tools by order of his captain ; that this deponent went the said day from thence in company with one Besset, of Capt. Ford's company, to his captain's quarters, for further orders respecting the said tools ; that in his way thither he passed by an encampment which the said Bossel told this depo- nent was Capt. Ford's company, and at which the said Bossel stopped; and this deponent further saith that on his return from his captain's he stopped at the said encamp- ment to inquire for the said Bassel, who had promised to return with this deponent if he would call for him ; that on inquiring for him this deponent was informed that Bassel had gone on ; that while this deponent was in the said en- campment he saw several men whom he knew to be of Capt. Ford's company, from which circumstances and from what Bassel had as aforesaid told him, he has no doubt but that the said encampment, was the encampment of Cap- tain Ford's company ; that while he was in the said en- campment he saw a number of men dividing divers arti- cles of clothing and household furniture, some of which were hanging on the bushes near their tents, and others spread on the ground ; that while they were making the division he heard one of the men say ' Captain Ford must have an equal share' ; that another answered ' Capt. Ford has had a number of little notions already;' to which the first replied ' never mind that, he has used us well and he ought to have an equal share if he has got a few little things ;' that among the said goods this deponent well re- members to have seen a piece of green silk, a light cloth colored silk woman's gown, two pair of while drilling men's breeches and sundry sheets, pillow cases, table cloths, shifts, shirts and a variety of other articles ; and further this deponent saith not. "EBENEZER BURRILL. " Sworn the 2nd day of Deer. 1776, ) before me. > " Pierre Van Cortlandt, V. Prest." On reading the said petition and affidavits, Resolved, That it is the duty of this Committee to take proper means for bringing the said Capt. Ford to justice. And the Committee being informed that he is now under arrest at Peekskill, for the crime specified in the said pe- tition and affidavits : Resolved, That a copy of the said petition and affidavits, and these resolutions, be transmitted to His Excellency Genl. Washington, with a letter, requesting that the said Ford be detained, to be tried for his said offences in a due course of law. Resolved, That another letter be written to Major-Ge- neral Heath, requesting him to detain the said Ford in ens- tody, till an answer to the above application can be received from Genl. Washington. Resolved, That Mr. Duane, Mr. Moore and Mr. R. R. Livingston, be a committee to prepare drafts of said letters. Mr. Duane from the above mentioned committee, pro- duced the draft of a letter to General Heath, which being read and approved, is in the words following : " Sir — A petition, supported by a number of affidavits, was this day presented to the Committee of Safety, com- plaining of depredations committed by Captain Ford and his company, belonging to Colonel Brewer's regiment, of the Massachusetts Bay, and requesting the interposition of the civil authority. You, sir, have, we presume, but too much evidence before you, of the rapacity of our troops, who seem to have conspired with a cruel enemy in in- creasing the misfortunes of those who have unhappily fallen victims to the calamities of war. " From your known humanity and benevolence, you JOURNAL OF THE COMMITTEE OF SAFETY. 733 cannot but resent ravages which disgrace the arms taken up in the most virtuous of all causes with abhorrence. " Called upon by numberless complaints of the suffer- ing inhabitants of this Stale, it has become our duty to see that at least some of the principal offenders be brought to justice ; that a stop may be put to such pernicious exces- ses for the future ; and the Committee of Safety have accordingly passed suitable resolutions, which will be transmitted to His Excellency General Washington, with a request that Capt. Ford be delivered up, in order to an- swer for his misconduct in a court of justice. " In the mean time, I am directed to request you to de- tain Capt. Ford in custody, and to give orders for s such of the plundered effects as may still be found. " I have the honour to be, " With great respect and esteem, sir, " Your mo. obt. servt. " By order. " To the Honble. Major-General Heath." Ordered, That a copy of the said letter be engrossed, and signed by the President, and transmitted. Ordered, That Mr. L'hommedieu be requested to draft a letter to Colonel Henry B. Livingston, desiring him to transmit an account of the families, stock and effects by him removed from Long island, and the manner in which they are disposed of. Mr. L'hommedieu according to order reported a draft of the said letter, which was read and approved of, and is in the words following, to wit : " Sir — The Committee of Safety have received accounts from different towns in Connecticut, with their demands, for transporting stock and effects from Long island. Some are sent in by private persons as employed by you for that purpose. I am directed to desire you to send me as particular an account as you can of the stock and other effects you have brought off Long island, with the number of cattle, sheep and other stock, the names of the persons to whom they belonged, and in what manner the same was disposed of, and to whom ; with such vouchers for the same as you have taken. You will likewise inform us of the number of families brought off by your order, with the names of the heads of each family, as far as it is in your power, with any other particulars you may think necessary, respecting the transportation and disposing of the same. " I am, respectfully, sir, &c. " To Col. H. B. Livingston." Ordered, That a copy thereof be engrossed, and signed by the Vice-President, and transmitted. A letter from Brigadier-General James Clinton, recom- mending Capt. I. Rosekrans to be continued in service, and provided for in the new arrangement of the Continen- tal battalions raising in this State, was read. Ordered, That it be referred to the committee of ar- rangement. A letter from Benjamin Birdsall, Esqr. dated the 26th inst. respecting his former services, and an appointment in the army, was received and read. Ordered, That it be referred to the Deputies of Suffolk county and to Mr. Abm. Yates, to report thereon. A letter from John Gibson, Esq. Auditor-General, dated at Philadelphia, the 21st November last, requesting that the public accounts of this State may be sent to commis- sioners, was read, and is as follows : "Treasury Office, ? "Philadelphia, Novr. 2Ut, 1776. J " Honourable Gentlemen — " The commissioners for adjusting the accounts of the army at New-York and the Jerseys, under the com- mand of General Washington, are now engaged in exe- cuting that business, and are in immediate want of all the accounts of advances made by the several States for paying or subsisting the said army. " I am therefore to request you to order an account of 184 such advances by your State to be forthwith transmitted to the commissioners, that the proper stoppages may be made, and the State reimbursed accordingly. When the accounts are prepared, you will please to or- der them to William Denning, Thomas Smith and James Stephenson, Esqrs. or either of them, at Head-Quarters at New-York or the Jerseys. " I have the honour to be, in the name of the superin- tendents of the treasury, honourable gentlemen, " Your mo. obt. hble. servt. " JOHN GIBSON, Auditor-General. " To the Honourable the Convention of the State of New-York." A letter from the same Auditor-General, sometime since received, dated the 31st October, and directing the public accounts in the northern department to be laid before com- missioners at Albany, was read, and follows, to wit : " Treasury Office, \ " Philadelphia, 3lst Octr. 1776. J " Honourable Gentlemen — " As commissioners have been appointed to liquidate and adjust the public accounts in the northern de- partment, and are now assembled at Albany for that pur- pose, it is necessary that they should be furnished by each State with an account of the several advances and pay- ments to the officers and others who have been entrusted with public money, to enable them to settle the accounts. We have therefore to request you would be pleased, as soon as possible, to order an account of such advances as your State may have made, the settlement of which may properly fall within the northern department, to be drawn out, and forward them to the commissioners by express, in order that, the proper stoppages being made, your State may be reimbursed by Congress. The names of the com- missioners are James Hillegan, John Carter and John Wells, Esqrs. " I have the honour to be, in the name of the superin- tendents of the treasury, honourable gentlemen, " Your most obt. humble servant, "JOHN GIBSON, Auditor-General. " To the Honourable the Convention of New- York." Ordered, That General Scott and Mr. Duane be a com- mittee to take into consideration the two last preceding letters, and report thereon. " The committee to whom was referred the letter of Mr. John R. Livingston respecting goods purchased by him in Boston for this State, and also the arms brought from Long island, report that those goods are much wanted for the use of the soldiers to be raised in this Slate, and that it is necessary they be brought here from Boston with all convenient speed ; for which purpose your commitlee recommend that James Weeks be appointed to go to Boston and receive Mr. Livingston's order on Mr. for those goods ; and that the sum of one hundred pounds be delivered to him by the Treasurer of this State, that he may be enabled to bring or hire teams for the transporta- tion of those goods in the cheapest and best manner. " As to the arms brought from Long island to Connecti- cut by Colo. Livingston, your committee are informed that Mr. L'hommedieu will soon go into Connecticut, and take such measures respecting the same as the Committee of Safety direct." Whereupon it was Resolved and Ordered, That the Treasurer of this State pay to Jacob Cuyler, Ezra L'hommedieu and John Moore, Esquires, the sum of one hundred pounds, on ac- count, for the purpose of transporting the goods lately purchased by John R. Livingston, Esqr. at Boston, on ac- count of this Slate, to this place, and for the purpose of transporting the arms belonging to the inhabitants of Nas- sau island and brought into Connecticut by Colonel Li- vingston, to this place. General Scott represented to the Committee of Safety, 734 JOURNAL OF THE COMMITTEE OF SAFETY. that his brigade was disbanded except about one hundred and fifty men, who it is probable will continue in service fourteen days, under the command of Colonel Malcom. That the sum of fifteen hundred pounds put into his hands as a graiuity for the non-commissioned officers and pri- vates of the said brigade, has not been distributed. Resolved, That the sum of six hundred dollars of that money be by General Scott transmitted in such manner that it may be delivered to Colonel Malcom. And Colo. Malcom is hereby directed and authorized to pay to each non-commissioned officer and private, who shall so continue fourteen days in service under his command, four dollars as a gratuity for their past services, and as a testimony of the esteem this Committee entertains of their zeal and spi- rit in the service of their invaded and distressed country ; and in case any greater number than one hundred and fifty non-commissioned officers and privates shall so continue in service with Colo. Malcom, Resolved, That he be and is hereby requested to ad- vance a gratuity of four dollars to each of them, for which he shall be reimbursed by the Representatives from the treasury of this State. On considering the letter from the chairman of the com- mittee of Orange county, relative to Cornelius Thorp, con- fined in Orange county jail for having altered and passed Continental bills of credit for true bills, Resolved, That all persons who are or shall be charged with altering or counterfeiting the bills of credit of the United States, or of this or any other of the United States, or of passing the same knowing them to be coun- terfeit or altered, or with any other criminal offence, be confined in jail or secured, according to the nature of the offence, id order to take their trials in a due course of law. And that the committees of the several counties of this State be authorized to take effectual means for that purpose, and to appoint jailers in the several counties which they represent in committee, and where they shall find it necessary, upon whose fidelity they can rely. And fur- ther, that such criminals and offenders be apprehended and maintained at the charge of the county where the fact shall have been committed, as heretofore accustomed. DIE MERCURII, 10 ho. a. m. Deer. 4th, 1776. Present — Col. Pierre Van Cortlandt, Vice-Prest. Mr. Robt. Harper, Mr. Dunscomb, Mr. Roosevelt, Genl. Scott, Mr. Duane— New-York. Mr. A. Yales, Mr. Cuyler, Mr. Adgate— Albany. Mr. Moore, Mr. Harper, Mr. Newkirk— Tryon. Mr. W. Smith, Mr. L'hommedieu, Mr. Miller— Suffolk. Col. Allison, Mr. Little — Orange. Major Webster, Col. Williams, Mr. Duer — Charlotte. Col. Van Cortlandt — Westchester. Resolved, That the sum of one hundred pounds which the Treasurer of this State did, on the fourteenth day of Au- gust last, advance to Capt. James Stewart, to enable him to disburse bounty money for enlisting his company, and which one hundred pounds, by the resolutions of this Con- vention of the twenty-sixth day of July last, the said James Stewart was then entitled to receive of the chairman of the committee of Albany, be, by the said Treasurer, placed to the debit of this Stale, on the said fourteenth of August or at any time since. The Committee of the Representatives of this State, who examined and reported on Capt. Stewart's muster and pay rolls, having credited in his accounts for pay and sub- sistence of his company, the said sum of one hundred pounds, and thereby fully paid and indemnified this State for the same. A pay roll of Captain Nathaniel Scribner's company, raised and embodied in Dutches county, agreeable to a resolution of the Committee of Safety of this State, of the ninth of October last ; the said pay roll stating the pay of the individuals of the said company from the respective times of their enlistment to the first day of December in- clusive, was exhibited for payment. A billeting roll of the individuals of the said company, agreeable to the said resolutions of the ninth day of Octo- ber last, was also exhibited for payment. Ordered, That Mr. Contine, Mr. Adgate, Mr. Newkirk and Major Webster be a committee to examine the said two rolls, and that they, or a major part of them, report thereon. A muster roll of a company in the second battalion of Continental troops raised in this State in Anno 1775, and whereof George White was captain, was exhibited to the Committee of Safety to entitle Capt. White and his officers to the reward allowed by the Provincial Congress in that year to the officers for the men by them enlisted in the service. Ordered, That the said muster roll be referred to the committee last above mentioned, to report thereon. The committee to whom was referred the letter from Francis Lewis, Esqr. of the 27th of November last, and also the letter from Captain Samuel Tuder of the 2nd inst. reported certain resolutions, which being read by para- graphs, were amended and adopted, vizt : Resolved, That Mr. Victor Bicker, Junr. be nominated lieutenant of marines for the ship Congress, and directed to enlist thirty marines for the ship Congress for the same term as the other Continental troops, whose duty it shall be during this winter to guard the ships Congress and Mont- gomery, and such other vessels and stores belonging to the Continent as may be laid up with them. That they be allowed the Continental bounty, pay and rations. That Capt. Patrick Dennis be furnished with a copy of the letter from Francis Lewis, Esqr. to the Honourable the Convention, and be requested to deliver over the Conti- nental stores and rigging in his custody to the said Lieu- tenant Bicker, who is directed to sign duplicates of the inventory and receipt therefor, and transmit them to the Convention of this State, in order that one of them may be sent to the marine committee of Congress at Philadelphia and the other to remain with the Convention. That the two Continental frigates at Poughkeepsie be secured in the manner directed by the resolution of the Committee of Safety, of the twenty-eighth of November, and that the other Continental and public vessels be laid up in the same place, if they can be there accommodated ; if not, that the agents for the said ships make an immediate report thereof to the Convention of this State, and sug- gest some place where they can find a secure harbour for them. That all convenient expedition should be used by the managers, Messrs. Tudor and Lawrence, together with the captains of the frigates, to get the same rigged and their cannon mounted by the spring, as in the opinion of the Com- mittee, they may be of use in the defence of Hudson's river, which will most probably be exposed to the attempts of the enemy. Resolved, That carriages for the guns be immediately begun by the carpenters, if they can be supplied with sea- soned stuff; and if not, that stuff be prepared for season- ing, on which work they may be employed till the Con- vention receive an answer to a letter written to the Ho- nourable the Congress, on the subject of fortifying Hud- son's river, and building floating batteries, &c. thereon. Resolved, That the managers take such measures as they conceive proper, for the plank and stores that are left at Poughkeepsie, and direct one of the inhabitants of the said place to take charge thereof. Ordered, That the managers of the said ships be fur- nished with copies of the above resolutions ; that a copy thereof be transmitted to Francis Lewis, Esqr. and that another copy be sent to Lieut. Victor Bicker. JOURNAL OF THE COMMITTEE OF SAFETY. 735 A letter from Mr. Henry Quackenboss, enclosing an in- voice of goods purchased by him for this State, pursuant to a resolution of the Committee of Safety of the 9lh of October last, and requesting that the amount of the said invoice, together with his commissions thereon, should be paid to Mr. Cuyler, was read. Thereupon, Ordered, That the Treasurer of this State pay to Jacob Cuyler, Esqr. for account of Mr. Henry Quackenboss of Albany, on receipt, for the sum of £532, 12s. Od. in full for the goods purchased by him for this Convention, toge- ther with his commissions thereon, at 5 per cent, agreeable to his invoice and account thereof, bearing date the 19th of Novr. last. General George Clinton forwarded to the Committee of Safety, a memorandum of articles, vizt : " Wanted by the detachment employed in obstructing the navigation of Hudson's river, near Pollopin's island, viz : six thousand bricks for forges for blacksmiths' shops, and a few ovens to bake bread for the soldiers ; as it is a great waste of time to bake in the ordinary camp way, especially when the business is such that all hands ought to be out on fatigue ; as many boards as can possibly be spared to cover blacksmiths' and other artificers' shops, and make temporary barracks for the men, as the weather is too cold for those who have to work in the water all day to sleep in tents at night. " The logs at Poughkeepsie ought to be brought down ; and we shall want (after all the supply of boats we shall be able to get at Peekskill,) a number of scows for col- lecting of stone, &c. Indeed, some active person in the quarter-master's department ought to be on the spot, as teams and many other articles will be daily wanted, which ought properly to be supplied by him ; and it is not doubt- ed but was General Heath applied to on that head by Con- vention, he would order one of the quarter-master's depu- ties this way ; this would save Convention a great deal of trouble, and bring things in their proper channel." Whereas the Committee of Safety being informed that Major-General Heath, in pursuance of the authority vested in him by his Excellency General Washington, hath di- rected that further obstructions of the navigation of Hud- son's river near Pollipo's island, and this Committee hav- ing the success of this salutary measure much at heart, and being disposed to contribute all in their power to its despatch, and by a resolution agreed to advance such sums as might be required for the purpose on the credit of the United States ; and a sub-committee is appointed to furnish such necessaries as General Clinton, who superintends the said obstruction may require : And whereas, upon fur- ther consideration, it appears that as the said obstruction is to be made at the Continental expense, it will be more proper that one of the Continental assistant quarter-mas- ter-generals should be employed to collect and purchase the materials for the said obstruction than a sub-committee or agent appointed by this Committee ; and Major Tay- lor, one of the acting deputy quarter-master-generals, in the Continental army, being recommended to this Commit- tee, as an active and well qualified officer, capable of ex- ecuting that business with advantage and despatch, and Mr. Duer having been applied to and declaring that he can have no objection against Major Taylor's being employed in this service, provided it should be agreeable to General Heath : Resolved, therefore, That a letter be written to General Heath, requesting that Major Taylor may be employed in the said department. It was represented to the Committee of Safety, that Mr. L'hommedieu, some months ago, left a sum of money in the hands of Gerard Bancker, Esqr. which money Mr. L'hommedieu had received as a loan officer of Suffolk county. That by an order of on the day of last, Mr. Bancker paid that money to Egbert Benson, Esqr. chairman of Dutches county, for the public use therein mentioned. That Mr. L'hommedieu has given security as a loan officer of Suffolk county, and is apprehensive that his se- curities may be prosecuted for the same money, where- fore he conceives it equitable that he should be indem- nified by this Convention, that the sum mentioned in the said order was not the sum by him lodged in the hands of Evert Bancker, Esqr. and that the same facts are not well stated in the said resolution. Ordered, That Mr. Roosevelt and Mr. Duane be a com- mittee to consider the said order, and to report to this Com- mittee such proper resolution, or entry, as may be expe- dient or necessary on that subject. JOURNAL OF THE PROVINCIAL CONVENTION. FISHKILL, 5th Deer. 1776. The Convention met pursuant to adjournment. Present— Pierre Van Cortlandt, Vice-Prcst. Mr. Rutgers, Mr. Roosevelt, Mr. Dunscomb, Mr. R. Harper, Genl- Scott, Mr. Duane— A r - York. Mr. A. Yates, Mr. Adgate, Mr. Cutler— Albany. Mr. Wm. Smith, Mr. Miller, Mr. L'hommedieu— Suffolk. Col- Van Cortlandt— IVeslchester. Col. Allison, Mr. Wisner, Mr. Little— Orange. Mr. R. R. Livingston, Mr. Sackett— Dutches. Mr. Continf., Mr. Rea— Ulster. Major Webster, Colo. Williams— Charlotte. Mr. Moore, Mr. Newkirk, Mr. Wm. Harper— Tryon. A draft of a letter to Major-General Heath, was read and approved of, and is in the words following, to wit : « g, R — The Commiitee of Safety having much at heart, the plan of obstructing Hudson's river, near PollepePs island, cannot but be attentive to every thing which may contribute to its success. " In their opinion, the appointment of an active assistant quarter-master immediately for this service will be highly necessary. " Major Taylor being recommended as every way quali- fied for the department, the Committee have expressed their wishes to Mr. Duer, that he may be employed, who has assured them that if it is agreeable to you, he can have no objection. " I am directed therefore to request your approbation, and that you will be pleased, if it shall not interfere with the service, to give orders accordingly. " I have the honour to be " With great respect, sir, " Your mo. obt. humble servt. " The Honourable Major-Genl. Heath." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. A draft of a letter to Francis Lewis, Esqr. a member of the marine committee, was read and approved of, in the words following, to wit : " Sir — Your favour of the 27th of November has been laid before the Committee of Safety, who in consequence thereof have agreed to the resolutions, a copy of which I am directed to transmit. You will be pleased to assure the marine committee that we shall be attentive to every thing which is requested of us ; and when the Continental ves- sels of war and the stores in this river are in a place of safety, shall not fail to give them information, and transmit the inventory they require. " Lieut. Victor Bicker, being recommended for his courage, activity and integrity, they have nominated him to be lieutenant of marines to the Congress, and hope it will meet with approbation. " Capt. Helfield, who commands a Continental brig, purchased by General Mifflin, and now in this river, has still a few seamen who have the care of the brig. " We are informed a Continental sloop is in the same situation. Be pleased to inquire from the marine commit- tee whether the captains and men are to be discharged, or how they wish them to be disposed of. " I am, sir, your very hble. servt. " To Francis Lewis, Esqr." Ordered, That a copy thereof be transmitted, and sign- ed by the President. Resolved, That a majority of the votes of the several counties of this State, to wit, a representation of so many counties as shall in the whole amount to twenty-six or more votes, or a representation of seven different counties shall hence form a Convention to represent this State. Resolved, That a Committee of Safety be and is hereby formed for this State ; that the said Committee of Safety consist of at least ten members, seven of whom shall be from seven different counties, beside the President or Vice-President, unless in case of the sickness or other ne- cessary absence of both, in which case the Committee of Safety are empowered to choose a chairman ; that this Committee exist until the next meeting of Convention ; that every member who shall or may attend shall have a voice. The committee appointed to prepare the form of go- vernment, and sundry other members of the Convention, having withdrawn, the remainder present proceeded to bu- siness as a Committee of Safety. 185 JOURNAL OF THE COMMITTEE OF SAFETY. DIE JOVIS, Deer. 5th, 1776. Pierre Van Cortlandt, Esq. Vice-President. Mr. Roosevelt, Mr. Dunscomb — New-York. Mr. Adgate — Jllbany. Mr. Rea, Mr. Cantine — Ulster. Mr. Miller,M r. L'hommedieu — Suffolk. Major Webster, Colo. Williams — Charlotte. Col. Allison— Orange. Mr. Platt, Mr. Sackett — Dutches. Col- Van Cortlandt, General Morris — Westchester. Mr. Moore, Mr. Newkirk, Mr. W. Harper — Tryon. A draft of a letter to John Gibson, Esqr. Auditor-Ge- neral, was read by Mr. Duane, and approved, in the words following, vizt : "Sir — Your several favours of the 31st of October, and 21st Novr. respecting a settlement of the accounts of disbursements of this State for the military operations, have been laid before the Committee of Safety and duly considered. I am directed to assure you that they have the accomplishment of this necessary business much at heart ; and that the public accounts up to the 9th of No- vember have been for some time, though from many diffi- culties, not so soon as they wished, stated and prepared for examination. "The mode which the board of treasury has been pleased to prescribe, will, I fear, be attended with embarrassment. Your first instructions refer the audit of charges for the northern army to the commissioners at Albany, and the last direct that such as relate to the southern army, shall be adjusted by the commissioners at Head-Quarters, either in New-York or New-Jersey. However desirous of giv- ing the highest satisfaction to the Honourable Congress, I must take the liberty to suggest the objections which lie in the way of this method. " First. When the preparations began and the battalions were ordered to be raised, no idea was entertained that the expenditures for the service at the city of New-York and those for the northern army were to be separated and stated in distinct accounts. Whether such a discrimina- tion is now practicable, I cannot take upon me to deter- mine ; but if it is absolutely necessary, it must, however difficult, be at least attempted, although it would save a great deal of time and trouble if it could be dispensed with. " Secondly. The vouchers to our public accounts com- prehend a multitude of charges which not only relate to this State particularly, but to both the military depart- ments, and as they must necessarily be produced to the commissioners, the accounts of one department cannot be proceeded upon until those of the other are adjusted ; and if the first set of commissioners should insist on declaring the vouchers complicated with the expenditures of both, no final adjustment can take place in the manner prescribed. " Thirdly. Our Auditor-General and Stale Commissary who have arranged the accounts and must occasionally be present at the settlement, cannot attend both sets of com- missioners at the same time. " Fourthly. In the uncertain and fluctuating circum- stances of our military operations, it may not be prudent to expose vouchers of great importance to this State as well as to the Continent, to the danger of falling into the hands of the enemy, or of being lost by frequent removals. " Upon all these considerations I am directed to express the wishes of the Committee of Safety that the whole accounts of this State, with the Continent, may be au- dited before the commissioners at Albany, and their opi- nion that it will upon the whole be most advisable. You will be pleased, however, to assure the board of treasury that they will pursue with cheerfulness any practicable method which may be more satisfactory for the final ad- justment of their public accounts, if the reasons before assigned for referring them to the commissioners at Albany shall not be thought conclusive. " I am, Sir, your mo. obt. servt. " Fishkill, 6th Deer. 1776. " John Gibson, Esqr. Auditor-Genl. of the United States, Phila." Nichs. Brewer, Junr. Esqr. and Jeremiah Clark, two of the persons appointed to procure boats and scows for the public service, represented that they find difficulty in procuring men and boats from the exorbitant prices de- manded, and praying that the Convention would establish regulations, or grant them instructions relative thereto. 740 JOURNAL OF THE COMMITTEE OF SAFETY. Resolved, That Messrs. Jeremiah Clark, Nichs. Brewer, Junr. John Elmendorf and John Teller, who are appoint- ed to hire or impress boats and crafts, for the purpose of carrying on the obstruction in Hudson's river, near Pollepel's island, be respectively, and hereby are, direct- ed to agree for and allow twenty-four shillings per day for each good sloop of the burthen of forty tons, or there- abouts, supplied with one aclive man on board of her, and with a good scow. That they agree for and allow in pro- portion, according to their best judgment, for sloops of in- ferior burthen, or those without a hand, or without a scow, and that they agree and allow for peltiaugers, and other small vessels, such prices as they may think a reasonable allowance. And Resolved, That they be, and hereby are, authorized and respectively directed to impress the vessels, boats and scows of any person or persons, who may refuse to ac- cept of such hire for the same, as above mentioned, hav- ing their value ascertained by appraisement, as heretofore directed by this Committee. On motion, Resolved, That Colonel Allison, Mr. Wm. Harper, Mr. Canline, Mr. Cuyler and Mr. Dunscomb, be a committee to devise ways and means for procuring salt for the relief of the back inhabitants of this State, who are greatly dis- tressed for want of that article. The committee to whom was recommitted the resolution of yesterday, for procuring cannon for the ships in Hud- son's river, report, that it is their opinion it would be im- prudent to delay the casting of cannon for the ships, and, therefore, that the resolution to have cannon cast at Sals- burv be reassumed. The committee appointed yesterday to examine the pay roll of Capt. Scribner's company, raised in Dutches county, delivered in (he same, wherein is charged their pay from the limes of their respective enlistment to the first day of December, both days included. Thereon is endorsed an affidavit, sworn before Pierre Van Cortlandt, Esqr. Vice- President, and subscribed by the said Nathl. Scribner, that the same is a just and true muster and pay roll of his company for the time therein specified, containing the names of the officers, non-commissioned officers and pri- vates of the said company, and the times of their respec- tive enlistment and service. On the said pay roll is also endorsed a certificate, by the said committee, in the words following, vizt : " We, the subscribers, a committee appointed by the Committee of Safety to audit this pay roll, do certify that we have examined the same, and allow the sum of one hundred and twenty-seven pounds, seven shillings and four pence, due to Capt. Scribner. " MAT. ADGATE, " BEN. NEWKIRK, "ALEXR. WEBSTER." Ordered, That the Treasurer of this State pay to Capt. Nathl. Scribner, one hundred and twenty-seven pounds seven shillings and four pence, in full for the pay of his company, to the first day of December included. A billeting roll of Capt. Nathl. Scribner's said compa- ny from the time of their respective enlistments to the first day of December included, was also delivered in by the said committee with a similar affidavit endorsed thereon. Thereon is also endorsed a certificate by the said commit- tee, in the words following, that is : " We, the subscribers, a committee appointed by the Committee of Safety, to audit this billet roll, do certify that we have examined the same, and allow the sum of eighty-seven pounds six shillings and five pence due to Capt. Nathl. Scribner. " December 4th, 1776. " BENJN. NEWKIRK, "MAT. ADGATE, "ALEXR. WEBSTER." Ordered, That the Treasurer of this Slate pay to Capt. Nathl. Scribner, on his receipt, the sum of eighty-seven pounds six shillings and five pence, in full for the billeting expenses of his company, to the first day of December in- clusive. JOURNAL OF THE PROVINCIAL CONVENTION. DIE VENERIS, 10 ho. a. m. Deer. 6th, 1776. Convention met pursuant to adjournment. Present— Pierre Van Cortlandt, Vice-Presidt. General Scott, Mr. Dunscomb, Mr. Robt. Harper, Mr. Roosevelt, Mr. Jay — For New-York. Colo. Van Cortlandt, Major Lockwood — Westchester. Major Webster, Col. Williams — Charlotte. Mr. Yates, Mr. Cutler, Mr. Adgate — Albany. Col. Allison, Mr. Little, Mr. Wisner — Orange. Mr. Newkirk — Tryon. Mr. Cantine, Mr. Ray — Ulster. Mr. Smith, Mr. Miller, Mr. L'hommedieu — Suffolk. Mr. R. R. Livingston — Dutches. The memorial of Col. Hathorne, stating that a number of disorderly persons had forcibly carried away his salt from the store of William Allison, and praying relief, was read. Ordered, That the same be referred to Mr. L'homme- dieu, Mr. Cantine, Mr. Miller, Mr. Dunscomb and Mr. Ray. A letter from John Elmendorf to the Vice-President, dated the 3d Deer. inst. stating that he cannot accept the trust of procuring boats, &c. on account of the riots. Part of a letter from John Elmendorf to Mat. Cantine, Esqr. dated the 4th inst. relating to riots about tea, was read. Referred to the committee above named. Resolved, That the Committee of Safety of yesterday be revived in the same words, and, Ordered, That the committee on government retire to consider that business. And they withdrew accordingly, and the remaining mem- bers proceeded as a Committee of Safety. 186 JOURNAL OF THE COMMITTEE OF SAFETY. DIE VENERIS, 10 ho. A. M. Deer. 6tk, 1776. Mr. Roosevelt, Mr. Harper, Mr. Dunscomb, Mr. Rutgers — New- York. Mr. Contine, Mr. Rat— Ulster. Major Webster — Charlotte. Mr. Adgate — Albany. Colo. Van Cortlandt — Westchester. Mr. Newkirk, Mr. Harper, Mr. Moore — Tryon. Mr. L'hommedieu, Mr. Miller— Suffolk. Colo. Allison, Mr. Little — Orange. William Duer, Esqr. chairman of the committee appoint- ed by the Convention of the State of New-York for the purpose of inquiring into, detecting and defeating all con- spiracies which may be formed in the said State against the liberties of America, brought in the report of the said committee in the case of Abraham C. Cuyler, Esqr. late Mayor of the city of Albany, which was read, and is in the words following, to wit. " Captain Piatt, from the committee to whom the case of Mr. Abraham C. Cuyler, late Mayor of the city of Albany was referred, applied to this committee to know whether they should examine into the original cause of his commitment, or only inquire whether he had broken his parol, and if it should appear that he had, order him to be sent to Connecticut, or such other place of confinement as the Committee may think proper. " Resolved, That if it shall appear that Mr. Cuyler has broke his parol in leaving Connecticut, that he be ordered by the Committee to such place of confinement as they may think proper ; and that if he has reason to com- plain of hard treatment in his original commitment, this Committee will at their leisure inquire into it, and do him ample justice ; but they will not authorize any persons, under pretence of obtaining a rehearing, to break their pa- rols or contemn the power by which they were committed." Resolved unanimously, That the Representatives of this State in Committee of Safety assembled, do agiee with the said committee for detecting und defeating conspiracies, in their said report. A letter from Henry Schenk, Esqr. dated this day, re- lating to a quantity of tar and a number of tents, belong- ing to the Continent, which are wasting and rotting on a wharf at Fishkill Landing, was read, and recommending Petrus Bogardus to take charge of the said articles. Resolved, That Mr. Petrus Bogardus be requested and directed to take charge of the said tar and tents, and have the said tar coopered and preserved from wasting, and the tents dried and preserved in the best manner, until further order, or the person whose duty it is to take charge of them, and that a suitable allowance shall be made to him for his trouble ; and the said Petrus Bogardus is hereby directed to obtain the best information in his power, and report to this Committee, who brought and left the said stores at that wharf. A draft of a letter to General Heath, was read and ap- proved of, in the words following, vizt : " Sir — 1 am directed by the Committee of Safety to ac- knowledge the receipt of your favour of the 3rd instant, and assure you that your offers of assistance, accompanied with General Washington's approbation of your generous aid in carrying on the obstructing of Hudson river, and your attention to the passes in the Highlands, afford them the highest satisfaction. " The sick of Col. Bradley's regiment we had caused to be taken care of by a physician of this place, until Doc- tor McKnight arrived ; and be assured, sir, the non-atten- dance of a doctor or surgeon was not ascribed to any inat- tention of yours. Such parts of the unfinished academy as are in any wise lenantable at this season of the year, were lately assigned for a distressed party of sick from General McDougal's brigade ; but we are informed by William Duer, Esqr. under whose direction the barracks between Peekskill and this place are, that those in the north entrance of the Highlands, and also that near Hoit's, intended to contain upwards of one thousand men, are near- ly completed. Those who are sick of your division may now be made comfortable ; and if the building of any other hospital shall be necessary, you may be assured the Con- vention will be ready to afford every necessary aid in their power for that purpose. " I am with great respect." 744 JOURNAL OF THE COMMITTEE OF SAFETY. Ordered, That a copy thereof be signed by the Presi- dent, and transmitted. The committee to whom was referred the application of Doctr. Hunlock Woodruff, for a place of cover for 230 troops belonging to General McDougal's brigade, under the command of Captain Wildie, now lying at Peekskill, and also a letter received from General Heath of the 3rd instant, reported the following resolve : Resolved, That the sick soldiers of General McDougal's brigade now lying at Peekskill, be permitted to occupy such parts of the academy at Fishkill as are tenantable for an hospital, until they can be otherwise provided for. SATURDAY MORNING, Deer. 7th, 1776. Present — Col. Pierre Van Cortlandt, Vice-Prest. Mr. Roosevelt, Genl. Scott — New-York. Mr. Cantine, Mr. Rea — Ulster. Mr. Little — Orange. Mr. Adgate — Albany. Mr. Moore, Mr. Harper, Mr. Newkirk— Tryon. Mr. Miller, Mr. L'Hommedieu— Suffolk. Col. Van Cortlandt, Major Lockwood — Westchester. Major Webster, Col. Williams — Charlotte. A letter from William Heath, major-general, dated 6th Deer. 1776, respecting a hospital, was read. A letter from General Schuyler, dated 2nd Deer. 1776, relative to the obstructing of Hudson river, was read. Ordered, That Mr. L'Hommedieu and Mr. Wisner wait on Mr. Clinton with General Schuyler's letter, and Gene- ral Arnold's letter and plan of obstruction. The committee to whom was referred the muster roll of a company raised and enlisted in this State by Captain George White, as a part of the second battalion of Continental troops raised in the year 1775, brought in the said muster roll. Thereon is endorsed a certificate of Gunning Bed- ford, deputy muster-master-general, of his having mustered said company. The said committee reported thereon, that agreeably to a resolution of the Provincial Congress, pass- ed on the first day of August, 1775, they allow as due to the said Captain George White and his subaltern officers, the sum of sixty-eight dollars, for having enlisted a com- pany of sixty-eight non-commissioned officers and privates. Ordered, That the Treasurer of this State pay to the said George White on his receipt, for the use of himself and the late subalterns of that company, the sum of sixty- eight dollars in full for enlisting money for the said com- pany, pursuant to the resolution of the Provincial Congress of the State of New-York on the first day of August, 1775. A muster-roll of Captain Micah Townsend's company for the month of October, and a pay and billeting roll of the said company was brought in. Ordered, That the said rolls be committed to Mr. Ad- gate, Mr. Cantine, Major Webster and Mr. Newkirk, to examine the same and report thereon. Mr. Adgate moved and was seconded, that that part of the resolution of the Committee of Safety on the 12th of November relative to the superintendence of the poor, which directs a letter to be written to Govr. Trumbull to send all the poor of this State, which are now at the charge of Connecticut, into Dutchess county in this State, be repealed and obliterated. Debates arose thereon, and the question being put, it was carried in the negative. Mr. Adgate then moved for the following amendment to the said resolution, to wit: That instead of the Committee writing a letter to Govr. Trumbull for the removal of the poor, that the President be directed to write such letter, which was unanimously agreed to. The members of Tryon county informed the Committee that a sergeant and twelve men of the Tryon county rangers, who have been sent and arrived here with sundry prisoners sent to this place by the Tryon county committee, are de- stitute of either money or provisions to support them in their return home ; that they have a considerable sum due to them for rations ; and therefore, requested that a small sum of money may be advanced in part of their billeting and subsistence money, to support them in their return home. Ordered, That the Treasurer of this State pay to James Gwinell or order, on his receipt, for himself and the twelve rangers with him, three dollars each, vizt : thirty-nine dol- lars, in part of their billeting and subsistence money, to support them on their return to Tryon county. Ordered, That the clause in the letter to Mr. Hancock, relating to flaxseed, be obliterated. 4 ho. P. M. Deer. 7th, 1776. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. V. Prest. Mr. Dunscomb— iVew- York. Mr. Rea — Ulster. Col. Allison, Mr. Little — Orange. Mr. Adgate — Albany. Mr. Moore, Mr. Newkirk, Mr. Harper — Tryon. Mr. Miller-Sw/To/fc. Col. Van Cortlandt,|Major Lockwood — Westchester. Major Webster — Charlotte. A pay roll of the late company of Captain Micah Town- send from the 2nd of October to the 31st of October, both days included, and a billeting roll or account of the sub- sistence money due to the officers, non-commissioned offi- cers and privates of the said company, from and to the days aforesaid, both days included, were brought into the Com- mittee. Thereon is endorsed an affidavit of the said Micah Townsend, sworn before the Vice-President, that the said rolls were a true muster roll of his company for the month of October, containing the names of the officers, non-commissioned officers and privates, of the said com- pany, and the times of their respective service since pay- ment of their wages. Ordered, That the same be referred to Messrs. Adgate, Webster and Newkirk. The committee to whom was referred the said pay and subsistence rolls, reported that they had examined the same, and allow to Captain Townsend, on the said pay roll one hundred and nineteen pounds twelve shillings and ten pence halfpenny; and also that they allow to the said Captain Townsend on the subsistence roll the sum of eighty-five pounds nine shillings and three pence halfpenny. Ordered, That the Treasurer of this State pay to Cap- tain Micah Townsend, on his receipt in full for the pay remaining due to himself and the other officers and men of the said company, one hundred and nineteen pounds twelve shillings and ten pence halfpenny ; and that the said Treasurer pay to the said Micah Townsend, on his re- ceipt, the further sum of eighty-five pounds nine shillings and three pence halfpenny, in full for all subsistence or al- lowance for billeting due the said company. On motion of R. R. Livingston, Resolved, That a committee of three gentlemen be re- quested to go immediately to General George Clinton, at New-Windsor, and vested with full power, in conjunction with General Clinton, to call out the militia of Orange and Ulster counties, and to station them at such places as they think will contribute most to the safety of this State and the general interest of America. Resolved, That Mr. Robert R. Livingston, General Scott and Mr. Duer, be the said committee. Resolved, That a letter be written to Major-Genl. Schuy- ler, informing him of the intelligence we have received, and the steps we have taken, and requesting him to embody, JOURNAL OF THE COMMITTEE OF SAFETY. 745 and if possible, clothe all the recruits arrived in the county of Albany, and send them down to this place, and put them under the direction of this Convention — suggesting the pro- priety of sending down as many of the troops as he can possibly spare from the northward, and of calling, at the same time, upon the rangers of Tryon county to garrison the fort. SUNDAY MORNING, FishkiU, Deer. 8th, 1776. ("Special Meeting.] A draft of a letter to Govr. Trumbull, was read and ap- proved of, in the words following, to wit : " Sir — The confusion into which every thing has been thrown at Philadelphia by the enemy's rapid progress has, we suppose, pievented the Congress from applying to us or you for aid, much as, at present, they want it, of which you will judge when we inform you that General Howe is at Brunswick with 10,000 men; that General Washing- ton is at Trenton with an army of about 6,000 strong. We think it, therefore, our duty to mention these facts to you, and to entreat you by that regard which you have hitherto testified for the glorious cause in which we are en- gaged, on this occasion speedily to exert your whole force. " Should 6,000 men cross into the Jerseys, where Ge- neral Lee now is, with two brigades, and unite themselves to him or General Gates, who is likewise on his march with some troops, the panic which universally prevails in New-Jersey would be removed. A considerable body of the militia would probably flock in to your assistance, and the enemy shut in between two armies, and having their supplies cut off, might dearly pay for their temerity. " The fleet that has sailed up the Sound is evidently de- signed as a feint to draw your attention from the object that ought principally to engage it, and to keep any part of the force of the New-England States from acting where it is most manifestly wanted. '• Though this embarkation ought not to be neglected, yet as from the number of the troops in New-Jersey those that have gone up the Sound cannot be very formidable. We cannot but hope that so fair an opportunity of distress- ing the enemy will not be foregone, especially as there is no telling what consequences may attend the enemy's un- interrupted progress through a country by no means free from disaffection. " All that can be expected from us, in our present weak and dismembered state, has and will be done. Nine hun- dred of our militia, well armed and appointed, are already in the field, and occupy some passes at which General Washington has directed them to be stationed. The mili- tia of two counties, under marching orders, are put under General Heath's command. " You will be pleased to write immediately to the eastern States on this important subject, and to let us know what number of troops you are like to collect, and whether we can give you any assistance in purchasing or forwarding provisions for them. "Yours, &c." Ordered, That a copy thereof be signed by the V. Pre- sident, and transmitted by express. A draft of a letter to Major-General Schuyler, was read and approved of, in the words following, to wit : ["secret.] " FishkiU, 8th Deer. 1776. " Sir — An officer is arrived here who gives the follow- ing intelligence, that he left General Washington at the head of between five and six thousand men, at Trenton, last Friday. That Genl. Howe was then at Brunswick with about 10,000 of the King's troops ; that there had been a skirmish near Brunswick, where the Hessian Ge- neral, who commanded at the taking Fort Washington, 187 was slain ; that neither the Jersey nor the Pennsylvania militia had joined General Washington, who proposed, if not soon reinforced, to cross Trenton river; that the Con- gress had moved to Lancaster. Genl. Lee marched the day before yesterday, with about 3,000 men, in pursuit of the enemy, and there is a flying report that he has had an engagement with them, near Hackensack, in which they suffered greatly. General Gates is to march with some troops from the northward, to join him or General Wa- shington. As it is of the utmost importance to encourage the militia of New-Jersey, who appear to be dispirited, it will be necessary to march a body of them immediately to their assistance. A committee, authorized to call out the ' militia of Orange and Ulster, and to post them to the best advantage is therefore gone over to New-Windsor, to con- fer with General George Clinton. M The Convention have despatched an express to Go- vernor Trumbull, with the above intelligence, strongly urg- ing the propriety of embodying 6,000 men from the New- England States, in order to cooperate with General Wa- shington, by falling on the rear of the enemy, who seem to act with astonishing temerity. A report prevails that 70 of the enemy's transports have proceeded up the Sound, whether as a feint to divide the American forces, or with intention to land at Rhode-Island, is uncertain. " The Committee of Safety have, upon this intelligence, agreed to the resolution I have the honour to enclose If this alarm had not happened, you would nevertheless have been requested to send down the recruits to be quartered and disciplined at this place, where there are barracks for above 2,000 men ; they are there too under the eye of the Convention, and ready to defend the passes of the High- lands, on which the public safety much depends. They hope the measures they have adopted will meet with your approbation. There can be no use in publishing this in- telligence till we have it more authentic. It may dis courage the weak and wavering at a time when all the vigour of the State is necessary. " 1 am, with great respect, sir, " Your most obedt. hum. servt. " By order of the Committee of Safety." Ordered, That a copy thereof be signed by the Vice- President, and transmitted. MONDAY MORNING, Deer. 9th, 1776. Present— Col. Van Cortlandt, V. Prest. Mr. Duane, Mr. Dunscomb, Mr. Rutgers, Mr. Roosevelt, Mr. Jay, Mr. Harper — For New-York. Mr. Abraham Yates, Mr. Adgate— For Jllbany. Mr. L'hommedieu, Mr. Miller— Suffolk. Mr. Ray, Mr. Cantine — Ulster. Col. Allison— Orange. Col. Van Cortlandt, Major Lockwood, Mr. Morris, General Morris — Westchester. Mr. Moore, Mr. Harper, Mr. Newkirk — Tryon. Mr. Webster, Col. Williams— Charlotte. Mr. R. R. Livingston — Dutchess. Ordered, That the Treasurer of this State advance to Captain John Houston, of Col. Gansevoort's regiment, the sum of two hundred pounds on account of bounty money for his company. An inventory of the real and personal estates of sundry persons in the town of Salem, who have gone over to the enemy, dated Deer. 6th, 1776, and signed by Ezekiel Hawlev, chairman of the committee of said town, was read and filed. Ordered, That Mr. Duane prepare a draft of a letter to the said committee. Mr. Duane accordingly reported a draft of a letter to the chairman of the said committee of Salem, which was ap- proved of, in the words following, to wit : 740 JOURNAL OF THE COMMITTEE OF SAFETY. "Fishkill, 9th Deer. 1776. " Sir — Your favour of the instant, has this day been laid before the Committee of Safety, and I am di- rected to acquaint you that they highly approve of the con- duct of the committee of Salem, and of the prudent mea- sures they have taken to ascertain and secure from waste and embezzlement, the properly of the disaffected who have joined the enemy. They request that you will con- tinue your care of those effects, allowing a provision to the families who are left behind. The Committee have under consideration, a report for the security and disposal of all estates under the like circumstances. It will not be long before you shall be furnished with these regulations. " I am, &c. " Mr. Ezekiel Hawley, Chairman of the Committee of Salem." Ordered, That a copy thereof be signed by the Vice- Piesident, and transmitted. A letter from the committee of Albany, dated Novr. 28, relative to the abuse in the weight of flour, and of the estates of persons who have gone over to the enemy, was read and filed. Ordered to be referred to Mr. Morris, Mr. Yates, Mr. Roosevelt, and Col. Allison. A letter from Mrs. Inglis (the wife of the Revd. Mr. Inglis,) directed to Mr. Duane, requesting permission to go to her husband who is in the city of New-York, with her family and effects, was read and filed, and committed to Mr. Jay, Mr. Morris and Mr. Duane. At a meeting of the committee appointed by the Repre- sentatives of the Slate of New-York, in Committee of Safety assembled, agreeable to a resolution of the said Committee, of Deer. 8th, 1776. Present — Brigr. Gen. George Clinton, Brigr. Gen. Scott, R. R. Livingston, Esq. William Duer, Esq. Resolved, That all the militia of Orange and Ulster counties be forthwith ordered to march, properly armed and accoutred, and with four days' provisions, to Chester, in Orange county, there to receive further orders from Genl. Geo. Clinton, for effectually cooperating with Ma- jor-Genl. Lee, and Major-Genl. Gates, in harassing and distressing the enemy, who have entered the State of New- Jersey ; that the said militia shall be allowed Continental pay and rations, and one penny per mile in lieu of rations till they come to the place of rendezvous. Resolved, That Brigadier-Genl. Geo. Clinton be em- powered to make use of the arms and accoutrements be- longing to this State, and now at New-Windsor, for the purpose of equipping such of the said militia as are not armed. Resolved, That Colo. Malcolm be requested and autho- rized to exert all the influence which he possibly can, to induce the men under his command, and such others as he can procure, and engage in service till the last day of De- cember; and that he be annexed to the brigade commanded by Brig. Genl. Geo. Clinton. Resolved, That Brigadier-Genl. Geo. Clinton, be em- powered to give a gratuity of one dollar to each man of Colo. Malcolm's regiment, who will consent to remain in service till the last day of December. And whereas, in the opinion of the Honourable Gene- ral Congress, and from the measures pursued by the ene- my, the security of the United States principally depends upon preventing the passes of the Highlands on Hudson's river from falling into the hands of the enemy, yet it is the firm intention and the earnest desire of the Convention of this State, to give every possible assistance to any of their sister States, or the United Slates in general, consistent with the security of that grand object : And whereas, the Committee of Safety have this day received information that Major-General Lee has taken post at Morristown, in New-Jersey, where he is assembling an army to act in concert with General Washington in opposing the enemy, who are marched towards Philadelphia : And whereas, the security of the Highlands on the west side of Hudson's river must greatly depend on the militia of Ulster and Orange counties, who for that reason ought not to be re- moved to so great a distance from the passes of the High- lands as to be unable to oppose any further designs of the enemy in that quarter : Resolved, therefore, That General George Clinton, in cooperating with General Lee and General Gates, take especial care, at all events, to secure the said passes ; and in case he shall not find it expedient to join the said Gene- rals, he nevertheless march into the State of New-Jersey as far as he shall think servicable, consistent with the pre- servation of the said passes ; and that he exert himself to the utmost in collecting the militia of New-Jersey, and raising their spirits, and in overawing and curbing the dis- affected or revolted subjects of that Stale, when called upon by the civil or military authorities thereof. Resolved, That a copy of the above resolutions be trans- mitted to Genl. Heath, and that he be requested to give every necessary assistance to Genl. George Clinton in car- rying the same into execution. Resolved, That the regiments commanded by Colo. Huntingdon and Colo. Tyler, may wilh safety be put under the command of Genl. George Clinton, as he will take care, from time to time, in case the motions of the enemy should require it, that the pass at Ramapough should be properly secured. Resolved, That in case Genl. Geo. Clinton shall be per- mitted to draw off the above mentioned regiment from the pass at Ramapough, that he be empowered to supply their place with as many of the militia under his command as he shall think necessary. Resolved, That Genl. Geo. Clinton march (as a part of the troops under his command,) the companies of rangers raised in the county of Ulster under the command of Capt. Dewitt and Capt. Hasbrouck. Resolved, That Genl. George Clinton should be sup- plied with two field pieces, foriy-five thousand cartridges, tents for fifteen hundred men, and as many small arms as shall be necessary for supplying the militia who may stand in need of them, and that the same ought to be issued from the Continental store. Resolved, That a deputy commissary and one assistant quarter-master-general of the Continental army, should at- tend the brigade of militia under the command of Genl. Geo. Clinton. Resolved, That the sum of six thousand pounds be ad- vanced to Genl. George Clinton from the Treasury of this State, in order to defray any expense which may accrue in the execution of the above mentioned resolutions, and which is before unprovided for. Resolved, That a letter be sent express to Major-Genl. Gates, enclosing copies of these resolutions, and request- ing him to forward copies of the same to Major-Genl. Lee. TUESDAY MORNING, Deer. 10th, 1776. The Committee of Safety met. Present — Mr. Duane, Mr. Harper, Mr. Rutgers, Mr, Roosevelt, Mr. Dunscomb — New-York. Mr. Abraham Yates, Mr. Adgate — Albany. Mr. Smith, Mr. Miller, Mr. L'hommedieu— Suffolk. Mr. Cantine, Mr. Ray— Ulster. Mr. Wisner, Col. Allison — Orange. Mr. R. R. Livingston— Dutchess. Major Lockwood, Mr. Morris, General Morris— Westchester. Mr. Moore, Mr. Harper, Mr. Newkirk— Try on. Mr. Webster. Col. Williams— Charlotte. The President and Vice-President being absent, Mr. Cantine was unanimously chosen chairman pro tern, and he accordingly took the chair. A letter from General McDougal, dated at Haverstraw, JOURNAL OF THE COMMITTEE OF SAFETY. 747 on the 9th December, instant, assigning reasons for send- ing three or four hundred men to protect Orange Town was read. Ordered, That it be referred to Mr. Wisner, Mr. L'hom- medieu and Mr. R. R. Livingston. A letter from Samuel Tudor, dated at Poughkeepsie, on the 9th day of December, instant, relative to the articles wanted for the equipment of the ships building at that place, was read and filed. Ordered, That it be committed to Messrs. Wisner, Smith and L'hommedieu. A letter from the Delegates of this State in Congress, dated at Philadelphia on the 4th inst. was read and filed, and is in the words following, to wit : ■ Phila. 4lk Decbr. 1776. "We received Mr. McKesson's letter dated the 25th November. We have, according to your request, applied to Congress for leave to our State to raise another battalion, to be commanded by Col. Du Bois, which is agreed to, and a resolve to that purpose is enclosed ; as also a re- solve for employing five aid-majors at the expense of our State. Blank commissions for both the battalions and aid- majors are herewith sent. There are 45 blanks, a few more than the number wanted, to serve in case some might be spoiled in filling up ; the rank of the officers of the five battalions is with you to settle ; the Congress does not in- terfere under the new arrangement in the rank of officers appointed by the several States. " General Washington is at Trenton with his army ; General Coniwallis at Brunswick. This city had been in great confusion for some days ; the consternation was great from an apprehension that the enemy would march into this place ; but they have now in a great measure re- covered their spirits and are marching out in considerable numbers to join General Washington, and in a few days our army will be strong enough to face the enemy. We have no accounts where our troops under General Lee are at present, but are in hopes if they are within march, as is said, that Cornwallis will not proceed any further this way too speedily ; if he delays a very few days longer, there is nothing to fear from him. " We are, gentlemen, " Your most obedt. servts. "PHIL. LIVINGSTON, " FRA. LEWIS, " WM. FLOYD. '•' To the Convention of the State of New-York." A resolution of Congress therein enclosed, dated the 26th of November, 1776, was read as follows, vizt : " Resolved, That it be recommended to the Legislatures of the United States respectively, to pass such laws as will effectually prevent the counterfeiting or forging the tickets of the public lottery. " Extract from the minutes. " CHARLES THOMSON, Secy." Another resolution of Congress therein enclosed, dated Novr. 30th, 1776, was also read, as follows, vizt : " Resolved, That the State of New- York be empowered to raise another battalion on the Continental establishment. That the Convention or Council of Safety of New-York be empowered to appoint an aid-major to each of the bat- talions raised by that State, the pay and expense of which to be borne by that State. " Extract from the minutes. " CHAS. THOMSON, Secy." Ordered, That the said letter and resolves be referred to the committee of arrangements. Resolved, That the rangers of Tryon county be allowed Continental rations instead of their weekly subsistence money, during the time they remain in garrison. A draft of a letter to Genl. Schuyler was read and ap- proved of in, the words following, to wit : " Fishkill, Deer. 10th, 1776. " Sir — By a return express from Philadelphia, we have received a letter from our Delegates, dated the 4th instant, enclosing a resolution of Congress for enabling this State to raise a fifth battalion, to be commanded by Col. Du Bois, which was applied for by the Convention. Another resolution of Congress is also transmitted, directing the respective States to pass acts for preventing the forgery of lottery tickets." " The following extract will show the condition of the two armies on the date of the Delegates' letter : " ' Genl. Washington is at Trenton with his army ; Genl. Cornwallis at Brunswick. This city has been in great confusion for some days ; the consternation was great from an apprehension that the enemy would march on to this place ; but they have now in a great measure recovered their spirits, and are marching out in considerable numbers to join General Washington ; and in a few days our army will be strong enough to face the enemy. We have no account where our troops under General Lee are at pre- sent, but are in hopes they are on their march, as it is said that Cornwallis will not proceed any further this way too speedily ; if he delays a very few days longer, there is nothing to fear from him.' " You will have the pleasure to observe that the report suggested in our last, that Congress had removed to Lan- caster, was without foundation. " General Lee, we are well informed, was a few days since at Morristown, where he is assembling a force to act in concert with General Washington. The militia of Orange and Ulster are ordered to march under the com- mand of Brigadier-General George Clinton, to cooperate with General Lee ; revive the spirits of the New-Jersey militia and secure the passes in the Highlands. The Convention are of opinion, and have this day passed a resolution, that the rangers of Tryon county ought to be allowed Continental rations instead of their weekly sub- sistence money, during the time they shall remain in gar- rison. " I am directed to add that the Convention will soon send up the pay which is in arrear to the rangers. " I am, &c. " Gen- Schuyler." Ordered, That a copy thereof be signed by the V. Pre- sident, and transmitted. A draft of a letter to General McDougal was read and approved of, [and is] in the words following, to wit , "Fishkill, 10th Deer. 1776. " Sir — We received your favour of yesterday, and in answer thereto have only to inform, that previous to the receipt thereof, we ordered a large body of troops from the counties of Orange and Ulster, under the command of Brigadier-General George Clinton, to march immediately through the counties of Orange and Bergen in order to pro- tect the well affected in that part of the country, and to cooperate with General Lee as far as shall lie in his power in distressing the enemy, raising and collecting the well affected, and harassing and overawing the disaffected sub- jects of the State of New- Jersey. We submit to your prudence how far and to what persons this should be" di- vulged before the arrival of General Clinton's corps. " I am, &c. '■' Gen. McDougai.." Ordered, That a copy thereof be signed by the V. Pre- sident, and transmitted. WEDNESDAY MORNING, Deer. 11th, L776. The Committee met pursuant to adjournment. Prese.nt — Malhew Cantine, Esqr. Chairman. Mr. Duane, Mr. Dunscomb, Mr. Rutgers, General Scott. Mr. Jay, Mr. Harper, Mr. Roosevelt — New-York. 748 JOURNAL OF THE COMMITTEE OF SAFETY. Mr. Abraham Yates, Mr. Adgate — ilbany. Mr. Cantinc, Col. De Wilt, Mr. Tappen, Mr. Ray— Ulster. Mr. Smith, Mr. Miller— Suffolk. Mr. R. R. Livingston— Dutchess. Mr. Wisner — Orange. Major Lockwood, Mr. Morris, General Morris— Westchester. Mr. Moore, Mr. Harper, Mr. Newkirk — Tryon. Mr. Webster, Col. Williams— Charlotte. Mr. Sessions — Cumberland. Mr. Wisner informed the House that two of the mem- bers of Orange county, to wit, Doctor Oulwater and Colo- nel Sherwood (as has been reported) have signified their intention of not attending the business of this House any longer as members of said county. Ordered, That a letter be written to the chairman of the county of Orange, directing him to request the attendance of the southern members of that county, or assign reasons for their non-attendance. A letter from General Heath, dated yesterday, inform- ing the Convention of a flag being come up with the Revd. Mr. Inglis and Mr. Moore, accompanying a number of let- ters to persons about the country, was read. A list of the letters above referred to, is as follows, to wit : A letter from the Revd. Charles Inglis, dated 8th Deer, directed to Messrs. Duane and R. R. Livingston, soliciting a permit for his wife and family to remove to New-York with such parts of his furniture, books and papers as are at New-Windsor. A card from Mr. Elliot to Mr. Duane, dated 6th Deer, requesting permission for his son-in-law, James Jauncey, Junr. with his wife and servants, to return from Middle- town in Connecticut, to New- York. A similar card, of same date, to Mr. Jay, making the same request. A letter from Jacob Watson, dated 4th, 12 mo. directed to Daniel Terboss, respecting the sale of salt and purchase of flax seed. A like letter of same date, and for the like purpose, to Daniel Birdsall. A long letter from John Moore, dated 9th Deer, to Pierre Van Cortlandt, requesting the return of his wife. A letter from Phil. J. Livingston to James Duane, Esqr. John Jay and others, requesting his wife and family. A letter from Phil. Livingston, Esqr. dated Pensacola, Jany. 1, 1776, to John Paterson, collector of Philadephia. A letter from Jane Knox to Capt. Fred. Hunt, and ano- ther to Captain Piemart, requesting her goods. A letter from Govr. Tryon to Wm. Smith, dated 4th Deer. A letter from Mrs. Plenderleath to Wm. Smith, Esqr. A letter from same to Mrs. Smith. A letter from H. W. to Wm. Smith, Esqr. dated 25th April. A letter from Mrs. Plenderleath to her mother. A letter from J. Plenderleath to Wm. Smith, Esqr. da- ted 25lh April. A further set of resolutions, relative to Gen. George Clinton and the militia ordered out yesterday, was read and agreed to, as follows, to wit : Resolved, That the militia of Orange and Ulster coun- ties, ordered to be raised by the resolution of the Conven- tion of this State, passed the 9th day of December instant, do not march further south than Haverstraw, or west than Ringwood, till the further orders of this Convention. Resolved, That Col. Malcom, with the militia under his command, be annexed to Generai George Clinton's bri- gade. Resolved, That a copy of the above resolutions be im- mediately transmitted to Gcnl. George Clinton. A letter from Major-General Heath being read, inform- ing the Convention that he was ordered to go over with his division to the west side of Hudson river, by which the defiles in the Highlands will be exposed. The same being taken into consideration : Resolved, That the safety of this State and the general interest of America, require that the defiles in the High- lands on both sides of Hudson river should be carefully and strongly guarded. Resolved, That a letter be written to his Excellency General Washington, enclosing the resolutions passed on Monday last, stating the dangers attending the leaving the passes through the Highlands unguarded, and requesting that the order for General Heath's division to march, may be countermanded. Resolved, That the said letter go by express, who shall be and hereby is empowered to impress horses every ten miles, and to ride night and day, both going and returning. Resolved, That if the express shall go and return in less than six days, that he shall be paid three pounds per day over and above his wages, for every day short of that time in which he shall perform the same ; that is, if he shall perform the same in five days, he shall receive three pounds; if in four days, six pounds. A draft of a letter to General Washington, was read and agreed to, in the words following, to wit : " Fishkill, Uth Deer. 1776. " Sir — I am directed by the Convention of the State of New-York, to transmit to your Excellency the enclosed re- solves, by which it will appear that we have made every exertion in favour of our sister States, which our present situation will admit ; but we are extremely sorry to find, by a letter received last night from General Heath, that he is ordered over to the western shore, by means of which the most important passes in America will be left unguard- ed, though within a short distance of the army. Your Ex- cellency must be fully satisfied, that though they, by march- ing through the flat country, may distress the inhabitants, yet that that measure will be productive of nothing deci- sive ; whereas the fate of this country will probably de- pend upon their occupying the State of New-York, which is now in a great measure abandoned to them. We must therefore take the liberty to entreat your Excellency to countermand an order which, in our humble opinion, is put- ting every thing to the hazard, and leave the northeastern parts of Jersey to be strengthened in the way proposed by the within resolutions. If your Excellency should not be inclined to grant this request, we must beg to be favoured with an immediate answer, that we may not, by suffering our militia to march, leave this State entirely defenceless, and thus abandon, with ourselves, the cause of America. Your Excellency will pardon the freedom with which we write. Our sanguine hopes of creating a very considera- ble diversion by the means pointed out in the enclosed re- solves, without endangering the safety of this State, are. by the orders to General Heath, entirely vanished. " I have the honor, &c. " His Excellency Genl. Washington." Ordered, That a copy thereof be signed by the chair- man, and transmitted. Ordered, That the several letters following, to wit : A letter from Governor Tryon to Wm. Smith, Esqr. ; a let- ter from Mrs. Plenderleath to the same ; a letter from the same person to Mrs. Smith ; a letter from H. W. to Wil- liam Smith, Esqr. ; a letter from Mrs. Plenderleath to Mrs. Smith ; a letter from the same person to William Smith, Esqr. and a letter from the same person to Miss Elizabeth Smith, which were sent severally open but enclosed toge- ther, be enclosed, sealed up, and certified by the President to have been sealed up in Convention without having been perused. Also that the letter from John Moore to his wife, and the letter from Mrs. Verplanck to her husband, be in like manner enclosed, sealed up, and certified ; and that all the said letters be sent to the respective persons to whom they were written. Several letters which were sent up to this Convention by Major-General Heath, as having been conveyed to him by a flag of truce, for the purpose of procuring liberty for JOURNAL OF THE COMMITTEE OF SAFETY. 749 sundry persons to go with their effects to the city of New- York, being read, Ordered, That they be referred to Mr. Roosevelt, Mr. Yates and General Scott, to take the said letters. Also a letter from James Jauncey, Junr. and a memorial of Frederick Phillipse, being read, was referred to the same committee ; as also the case of Lady Johnson, and that the said committee report on the matters aforesaid with all convenient speed. Mr. Robert R. Livingston informed the Convention that he was informed by Abraham Livingston, son of Philip Livingston, Esqr. that his said father had directed him to inform the Convention, that in consequence of his long ab- sence from his family, he will be under the necessity of leaving the Congress, for the purpose of visiting his family at Esopus. Resolved, That General Morris be directed to repair to Philadelphia, and take his seat in General Congress, in order that Philip Livingston, Esqr. may be enabled to visit his family. Mr. R. R. Livingston delivered in the report on Samuel Tudor's letter, relative to De Grushe, which was read and agreed to, as follows, vizt : " The committee to whom was referred a letter from Samuel Tudor, of the 9th inst. humbly report the follow- ing letter and resolution : " Sir — The Convention have received yours of the 9th instant. They approve of your proposal to appoint Mr. De Grushe to do the business you mention, and have accor- dingly directed him to repair to Poughkeepsie for that pur- pose. You will be pleased to hire Mr. Ivers's tools on the most favourable terms in your power. The Convention would have you to proceed with all possible despatch in making the gun-carriages. You cannot be at a loss for the measure of the guns, since it will lay with you to give the necessary directions for making them. Mr. Rut- gers declines having any agency in fitting out the ships ; nor do we conceive that any other agent is necessary, than those already employed, as the business is by no means so extensive as it was; you may agree with Mr. Hendricks to visit the store once a day. We again repeat to you, that it is essentially necessary for the security of the Slate, that the ships be fitted for service by the spring. The Con- vention wish to know why the cables and anchors ordered to General Clinton have not yet been sent. " Resolved, That Mr. De Queshe be directed to repair to Poughkeepsie, to assist in preparing the rigging of the Continental ships at that place, and that he be allowed the same wages as Mr. Ivers. " Yours, &c. " Capt. Samuel Tudor." Ordered, That a copy thereof be signed by the Chair- man, and transmitted. Ordered, That Mr. Robert Harper, Mr. William Har- per, Major Lockwood and Mr. Wisner, be a committee for the purpose of furnishing General George Clinton with ammunition, and other necessaries, for the use of his bri- gade. Mr. Wisner moved, and was seconded, for the following resolutions : Resolved, That such of the Deputies of this State, as by reason of the enemy's progress cannot have access to the committees of their respective counties, be authorized and empowered, and they are hereby authorized and em- powered, to draw upon and receive from the Treasurer of this State, such sums of money as have been severally al- lowed to the Representatives of this State, for their atten- dance in the Convention of the same, and the Treasurer take receipts for, and place such sums to the debits of such counties, whose members shall receive the same. Ordered, That the subject matter of the said motion be referred to Mr. Moore, Col. Williams, Mr. Adgate and Mr. Ray. 188 A certificate signed by General James Clinton and others, certifying the manner in which ihe chain intended to obstruct Hudson river broke, from which it appears the fault is not in the smiths' work, was referred to the com- mittee formerly appointed to examine and fix the chain. THURSDAY MORNING, Deer. 12th, 1776. The Committee met. Present — Matthew Cantine, Esqr. Chairman. Mr. Rutgers, Mr. Duane, Mr. Dunscomb — For New-York. Mr. Abraham Yates, Mr. Adgate— For Mbany. Mr. Smith, Mr. Milter— For Suffolk. Col. De Wit, Major Tappen, Mr. Cantine, Mr. Rhea— For Ulster. Mr. Wisner, Mr. Little— For Orange. Major Landon, Mr. G. Livingston — For Dutchess. Major Lockwood, General Morris— For Westchester. Mr. Moore, Mr. Harper, Mr. Newkirk — For Tryon. Mr. Webster— For Charlotte. Mr. Sessions — For Cumberland. Resolved, That Major Terboss be and is hereby ap- pointed to receive and take the charge of and preserve all such hides as shall, from time to time, be sent to Fishkill Landing by Stephen Ward, Esqr. agent for the purpose of purchasing hides ; and that Mr. Isaac Van Wyck be and he is hereby appointed to receive, take charge of and pre- serve all such hides as Mr. Ward shall, from time to lime, send to Fishkill by land ; and that Major Terboss and Mr. Van Wyck shall be allowed a reasonable compensation for their trouble and expense in executing this resolution. Ordered, That the Treasurer of this State advance to Stephen Ward, Esqr. the sum of six hundred pounds, on account of hides by him purchased for the use of this State. The petition of the general committee of Westchester county, praying for relief; that Rogers with his rangers may be drove off, &c. was read and filed. Ordered, That the said petition be referred to Mr. R. R. I/ivingston, Major Lockwood, General Morris and Mr. Morris. The committee appointed to credit the pay rolls of Tryon county rangers, delivered in their report, which was read, amended and agreed to. Mr. Yates, ihe chairman of the government committee, gave notice that the said committee will report this day eight days. Mr. Yates requested I hat Mr. McKesson be directed to attend the committee to copy said report. Mr. Wisner informed the House that it has been repre- sented to him that Colonel Blackwell and Major Jonathan Lawrence, members of the Convention of this State for the county of Queens, are willing to give their attendance if this House will receive them, notwithstanding the said county is in possession of the enemy. Ordered, That the Secretary write letters to those gen- tlemen, requesting their attendance as members for the said county. The committee to whom was referred the petition of the general committee of Westchester county, read this day, reported the draft of a letter to General George Clin- ton, which was approved of, [and is] in the words follow- ing, vizt : " Sir — The Convention, on the application of the inha- bitants of Westchester county, who complain of inroads made upon them by a party of rangers under the com- mand of Major Rodgers, have come to a resolution to de- spatch Colonels Malcom and Thomas with iheir regiments, who will be joined by some of the militia of Westchester county and three companies of rangers, in order to fall upon the troops of the enemy and remove the stock and 750 JOURNAL OF THE COMMITTEE OF SAFETY. grain from the said county. You will be pleased therefore | immediately to give the necessary orders. " I am, sir, &c. " To Brigadier-Gen. Geo. Clinton." Ordered, That a copy thereof be signed by the Chair- man, and transmitted. Resolved, That this Convention will allow unto Samuel Loudon for printing and publishing in a weekly newspaper, such acts ;ind publications as they or this Convention or fu- ture Legislature of this State shall direct, and which shall fall within the compass of such newspaper, after the rate of two hundred pounds per annum, in quarterly payments ; and that the first quarterly payment, commence and be ad- vanced to him on his publishing his first newspaper ; and that the said salary be payable by warrants drawn by the President of the Convention, and to be continued for one year, provided the said paper shall so long be regularly published. The committee to whom the certificate of General James Clinton and others, (relative to the chain,) which was re- ceived and read yesterday, was referred, delivered in their report, which was read and approved. Thereupon, Resolved, That the committee to obstruct the naviga- tion of the Hudson river, be directed to pay the black- smiths who made the chain which was lately drawn across the said river, according to their agreement with them. Resolved, That the Chairman of this Committee write a letter to Col. Henry B. Livingston, requesting him, that if it shall be consistent with his instructions from His Excel- lency General Washington, he immediately repair with his troops under his command to this State, in order to oppose the ravages of the enemy in the county of West- chester. A draft of a letter to Col. Livingston was read and ap- proved of, and is in the words following, vizt : [Secret.] " Fishkill, 11th December, 1776. " Sir — It is apprehended that a successful attack may be made against such of the enemy principally, if not solely, consisting of Rogers' rangers, as are now ravaging without restraint or remorse, the suffering inhabitants of the county of Westchester. I am therefore directed to request you, if it is in any wise consistent with your in- structions from His Excellency General Washington, im- mediately to repair to this State with the troops under your command, in order to cooperate with the forces which are embodying for this expedition. I need not add, that no time is to be lost, as the operations of the enemy in New- Jersey give a favourable opening for a sudden and vigour- ous enterprise, which we have no reason to expect will be of long continuance. " I am, sir, your most obdt. humb. servt. " By order, &c." Ordered, That a copy thereof be signed by the Chair- man, and transmitted. Ordered, That Mr. Moore and Mr. Little be added to the committee appointed on the 12th ulto. for taking care of the poor in this State. An account of rations furnished to the prisoners of war lately stationed at Poundridge, amounting to one hundred and seven dollars and f £ths of a dollar, computed at /^ths of a dollar per ration, was read. Thereto is annexed a charge of $134.90 for taking care of Jeremiah Reerdor and Caesar Freeman ; and of two dollars and || for medicine and attendance by Doctor Benjamin Miller ; which last charges fortaking care of the sick and for medicines, the Secretaries of the Convention alleged they, as com- missaries, are not authorized to discharge without the or- der of this Committee of Safety. Ordered, That the Secretaries or any one of them, dis- charge the said account for medicine and attendance at the same time that they discharge the account of rations, and charge the same in and with the said account. Major Lockwood informed the Committee of Safety that he had paid three dollars to the messenger he sent lately with intelligence to this Committee. Ordered, That Mr. McKesson, one of the Secretaries, pay the said three dollars to Major Lockwood, and charge the same to this Committee. The covenant of the Convention of the New-Hampshire Grants, held at Dorset on the twenty-fifth of September last, was read. Extracts from the minutes of the said Convention held at Dorset, were also read. Ordered, That they be committed to the committee to whom was referred the letter from the committee of Cum- berland county, dated the 21st day of July last. And on request of Mr. Duane and the members of Cum- berland, Ordered, That they be and are heieby discharged from that committee ; but that on request, they attend the said committee to give them information of the temper of the inhabitants of Charlotte, Cumberland and Gloucester coun- ties, or any other matter proposed to the gentlemen dis- charged from the committee. FRIDAY MORNING, Deer. 13th, 1776. The Committee met pursuant to adjournment. Present — Matthew Cantine, Esqr. Chairman. Mr. Duane, Mr. Dunscomb, Mr. Rutgers, Mr. Roosevelt, Gent. Scott Mr. Robt. Harper — For New-York. Mr. Adgate, Mr. Abraham Yates — Albany. Mr. Smith, Mr. Miller— Suffolk. Col. De Witt, Mr. Cantine, Mr. Tappen, Mr. Ray, General George Clinton — Ulster. Mr. Landon, Mr. R. R. Livingston, Mr. G. Livingston — Dutchess. Mr. Little, Mr. Wisner — Orange. Col. Drake, Major Lockwood, Mr. Morris, Genl. Mollis — West- chester. Mr. Moore, Mr. Newkirk, Mr. Harper — Tryon. Col. Williams, Mr. Webster, Mr. Duer— Charlotte. Mr. Sessions— Cumberland. Mr. Duer, one of the committee appointed on the inst. to go to New-Windsor and concert measures with General George Clinton, relative to calling out the militia of Orange and Ulster counties to join General Gates or General Lee, reported a letter which he had wrote to Ge- neral Gates ; the said letter is dated at Dobson's tavern, Deer. 9th, and is as follows, vizt : " Sir — Since the resolutions which are referred to and enclosed in the above letter were agreed to, General Clin- ton and myself were requested by the committee to pro- ceed to Goshen, where we understood you were expected this in order to know the routes which the troops under your command propose taking, and confer with you on other matters which are the object of these resolutions. I am sorry we are not fortunate enough to meet with you; but from the intelligence we have received from your Aid- de-camp, Major Pierce, and from the route General Lee has taken through , we find that the intention of both your armies is to join General Washington, and not to form a separate army, in order to fall on the enemy's JOURNAL OF THE COMMITTEE OF SAFETY. 751 rear. In compliance, therefore, with his orders, General Clinton will be under the necessity of conforming himself to the object specified in the resolution marked No. 7, un- less he should learn from General Lee or yourself that your intentions are to form another army on the rear of the enemy. " For this purpose he desires me to inform that he will immediately order his troops to rendezvous at the place call- ed the City, near in Orange county, at the parting of the roads which leads to Tappan and Pyramus, when he will be ready to obey your orders, as far as they are consistent with the object of the enclosed resolutions. The force he will have with him, will consist of about fifteen hundred men. " By the latest account we hear that General Washing- ton is daily receiving strong reinforcements from the mili- tia of Jersey and Pennsylvania ; in consequence of which, he may probably be induced to form an army for the pur- pose of hanging on the enemy in rear. he made acquainted with the measures pursued by the Convention of the State of New-York. " I have therefore to request the favour of you to have copies of the Committee's letter to you, of the enclosed resolutions, transmitted immediately by express to His Excellency General Washington and to Major-Gen. Lee, in order that they may pursue such measures as they shall judge best calculated for the general good. " I am, sir, with great respect, " Your obedt. hble. servt. WM. DUER. " Major-Gen. Gates. "Dobson's Tavern, Deer. iHh, 1776, i " 10 o'clock at night." $ The resolutions of yesterday, relative to the Westches- ter expedition, after some time spent thereon, were recom- mitted to the same committee, and to General Scott and Colonel Drake. General George Clinton informed the Committee that General Schuyler has, by letter, informed him that he had directed the committee of Albany to forward timber, boards and tar, for the obstruction of Hudson river. The Com- mittee are farther well informed, that logs sufficient for that purpose are easily obtained near the place of obstruction, and from experiments already made, at a much cheaper rate than they can be procured from Albany, and perhaps cheaper than even the transportation from thence. Ordered, That a letter be written to Major-General Schuyler, requesting him to countermand procuring the logs he has ordered, but to direct the boards and tar to be forwarded. [A portion of the proceedings appears to be missing.] JOURNAL OF THE COMMITTEE OF SAFETY. DIE MERCURII, 10 ho. a. m. At Fishkitt, January 1st, 1777. The Committee of Safety met pursuant to adjournment Present— Brigadier-General Abraham Ten Broeck, President. Gen. Scott, Mr. Dcnscomb — New-York. Gen. Ten Broeck — Albany. Mr. Wm. Smith, Mr. Gelston— Suffolk. Mr. Tappin, Col. Paulding— Ulster- Mr. James Livingston — Dutchess. Mr. Gil. Drake, Mr. Morris— Westchester. Mr. Little — Orange. Mr. W. Harper, Mr. Moore— Tryon. Mr. Sessions, Mr. Stevens— Cumberland. An additional clause to the letter from this Committee of Safety on the 28th ultimo, to His Excellency General Washington, was read and approved. Ordered, That a copy thereof be added to the said let- ter, and that the same be inserted in the minutes of this Committee on the said 28th of December, as an addition to the letter, but dated as of this day. Ordered, That the Secretaries deliver the colours of the first regiment of New-York troops in the Continental ser- vice to General Ten Broeck, to be by him delivered to Colonel Van Schaick. Whereas the presence of Egbert Benson, Esquire, chairman of the county committee of Dutchess county, is at this critical juncture conceived to be so important in the county that it might greatly prejudice the public service if he should be sent abroad : Thereupon, Ordered, That Mr. Benson be excused from going to Congress and to General Washington, agreeably to the order or resolution of this Committee on the twenty-third day of December last. A draft of a letter to His Excellency General Washing- ton, was read and approved, and is in the words following, to wit : " Sir — We have been informed of your Excellency's order to General Heath, to march to the grand army on the banks of the Delaware, with the troops under his com- mand, excepting only about twelve hundred of the eastern 189 militia. On this occasion we beg leave to lay before your Excellency the true situation of this State. It formerly consisted of fourteen counties, of which five and a part of the sixth are in possession of the enemy, and a considera- ble part of the inhabitants of the counties of Gloucester, Cumberland and Charlotte appear determined to shake off their dependance upon us, so that above one half is lost ; of the remainder, a considerable proportion is disaffected, and ready upon a favourable opportunity to join the enemy. We lately applied to General Schuyler for some of the northern troops to defend the passes in the Highlands and protect the inhabitants of Westchester, who were, notwith- standing General Spencer's and Wooster's troops, cruelly harassed by seven hundred rangers under the command of Colonel Rodgers. He then informed us that no troops could be spared from that quarter, and advised us by no means to call on any of the militia of our northern counties, as he conceived it to be extremely probable that the enemy would attack Ticonderoga this winter, as soon as the frost had rendered the lakes passable. " Your Excellency well remembers that we are to raise three thousand seven hundred and fifty men for the Con- tinental service. The amount of the fighting men in that part of the State belonging to us is not more than fifteen thousand ; whereof, after deducting our Continental pro- portion, there will not remain above eleven thousand ; of which one half at least lying to the northward, the re- mainder is not at furthest above five thousand five hun- dred men, many of whom are disaffected and others poor, and in such a situation, that if called away as militia, their families must perish for want of bread, fuel, &c. Add to this that in the next campaign a great part of the wheat to supply the Continental army must come from this State. It is all now in the sheaf and must be threshed, and brought to market during the continuance of the snow. Under all these disadvantages, we have ordered the raising one thou- sand men to defend the passes in the Highlands, of which we do not expect that upwards of eight hundred can take the field, while the defence of those passes requires at least four thousand. " Of the eastern militia, which hath been so long ex- pected, only two regiments have yet arrived. General 754 JOURNAL OF THE COMMITTEE OF SAFETY. Howe, we have been informed, hath above five thousand troops in New-York, which together with the garrison of Fort Washington, Rodgers's rangers, and such troops as might perhaps be collected from Jersey, will make no in- considerable army. On the other hand, if a considerable body of men under an active commander are posted in Westchester, the enemy will not venture to leave New- York without a strong garrison ; or if they do, then it may be easily taken from them. " We are well informed that the British army in New- Jersey are cantoned out in small parties at Bordentown, Trenton, Princeton, Brunswick, Elizabeth Town, New-Ark and Hackensack ; and of consequence may be easily at- tacked at some or other of those places. We are happy to add to these observations, that we can congratulate your Ex- cellency on the advantage you have taken of their dispersed situation ; and on the whole, we submit to your Excellen- cy, whether it will be proper to call all the troops to the southward, and by that means expose the barracks, stores, cannon, &c. in this State, together with all ihe interior country, against which as we are informed from different quarters, an attack is now meditated by the enemy. " I have the honour to be, &c. " His Excellency General Washington.'' Ordered, 1'hat a copy thereof be engrossed, and signed by the President, and transmitted by a messenger. The committee to whom was referred the letter from Brigadier-General Clinton, dated the twenty-eighth day of December, the information given to Convention by Gene- ral Scott and Colonel Allison, and the letter from Colonel P. R. Livingston, dated the twenty-fourth day of Decem- ber, brought in their report, which was read, adopted and agreed to. Thereupon, Resolved, That Brigadier-General George Clinton be ordered and empowered immediately to direct the raising of one thousand men, by drafts, or in such other ways as may to him appear most equitable and expeditious, out of the counties of Dutchess, Ulster, Orange and Westches- ter, to continue in service till the last day of March next. Resolved, That the committees of the respective coun- ties above mentioned, together with the general and field officers of the militia, in their respective counties, do assist in raising the said thousand men. Resolved, That they be raised out of each county in the following proportions : three-tenths of Dutchess, two-tenths by Westchester, two-tenths by Orange, and three-tenths by Ulster. Resolved, That the troops so to be raised, be divided into two regiments, and that the officers of the said regi- ments be nominated to this Convention by General George Clinton, out of the officers of those four counties who have heretofore been at service. Resolved, That such men belonging to General George Clinton's brigade, as have reenlisted until the last day of Fe- bruary next, be considered as part of the said two regiments, and deducted from the proportion to be raised in the several counties to which they respectively belong ; and that after the said first day of February, thev be discharged, and if necessary, others raised in their stead, from the said coun- ties respectively. Resolved, That the above troops be allowed Continen- tal pay and rations. Resolved, That whenever any soldier belonging to the above mentioned regiments, shall reenlist in either of the Continental battalions to be raised in this State, that he shall be suffered to join the battalion into which he is so enlisted. Resolved, That a copy of the above resolutions be sent by express to General George Clinton; that he be further informed that the Convention have requested Major-Gene- ral Heath to take effectual measures to guard the passes in the Highlands, on both sides of Hudson's river, and ac- quaint him with the difficulty of retaining the militia of Ulster and Orange counties any longer in service. Resolved, That Brigadier-General Scott and William Duer, Esqr. be a committee to converse with General Heath, on the matters contained in the above letter to His Excellency General Washington, and that he be furnished with a copy thereof, and be requested to defer his march till an answer is obtained thereto, or some effectual means provided for the security of the passes in the Highlands. Resolved, That the men under the command of Lieu- tenant Bower, being enlisted to remain in the district of the Manor of Livingston, ought not to be removed. Resolved, That Brigadier-General George Clinton, with the aid of the general and field officers, and committees of the said respective counties, do devise and carry into exe- cution such measures as shall appear to them most effec- tual for arming such of the said thousand men, during the service aforesaid, as are destitute of arms. Resolved, That one penny per mile be allowed to each non-commissioned officer and private of the said one thou- sand men, in lieu of all rations, on their march from their respective abodes to the place of rendezvous. Resolved, That the Secretaries prepare copies of these resolutions to be transmitted to General Heath and General George Clinton. Resolved, That the committee of the Convention ap- pointed to procure clothing for the Continental troops rais- ing in this State be, and they hereby are, directed and em- powered to take such of the clothing now in the possession of Mr. Grant, storekeeper at Fishkdl, as will be sufficient to complete the clothing of the said troops, and that the Committee of Safety will indemnify Mr. Grant for the de- livery thereof. Ordered, That the said committee do proceed on the busi- ness above mentioned, and do with all possible despatch, return to this Committee, an inventory of the goods by them taken as aforesaid, countersigned by the said storekeeper, (they giving to him a receipt for the said goods,) to the end that the said inventory, together with these resolutions, be transmitted to His Excellency General Washington, and to the Quarler-Master-General. Ordered, That a mittimus be issued for committing Cap- tain Ford to the jail of Dutchess county, at Poughkeepsie; there to remain till he be thence discharged by due course of law. The Secretary prepared a draft of a mittimus which was read and approved of, and is in the words following to wit: " By the Committee of Safety for the State of New-York, > " Fishkill, January 1st, 1777. $ " To the Keeper of the common jail of Dutchess county: " Whereas, it appears to this Committee of Safety, that Captain Phineas Ford is charged on oath, with having fe- loniously plundered the goods and chattels of Talman Pugs- ley, John Martine, and sundry other subjects of this State, in the county of Westchester ; you are therefore, hereby commanded to receive into your custody, the body of the said Phineas Ford, and him safely keep in the jail afore- said, until he shall be thence delivered by due course of law. " By order of the Committee of Safety." A copy thereof was engrossed and signed by the chair- man. Ordered, That Captain Stewart, of Col. Dubois's regi- ment, send a corporal with a small guard to convey Captain Phineas Ford to Poughkeepsie jail, and safely deliver him to the keeper of the said jail. Resolved, That Captain James Weeks be, and is hereby appointed sergeant-at-arms to the Convention of this State. Ordered, That Morris Hazard be immediately appre- hended, and detained in custody by the sergeant-at-arms until the further order of this Committee, or of the Con- vention of this State, to answer for a contempt offered to the President and Convention of the Representatives of this State, by insulting and maltreating the President on the road. Ordered, That Doctor Malachi Treat, be requested to JOURNAL OF THE COMMITTEE OF SAFETY. 755 attend Major-General Heath, and represent to him the dis- tressed state of the sick of the Continental army near Fish- kill, and endeavour to prevail on General Heath to direct part of the blankets, sheets and beds formerly seized out of the stores of his Britannic Majesty and now at or any other, to be sent for their relief, and that General Heath be requested to advance so much money to the di- rectors of the hospital at or near Fishkill, as will enable them to procure proper food and other necessaries for the relief of the said sick. Ordered, That the Treasurer of this State advance to Colonel Lewis Dubois or his order, the further sum of one thousand five hundred pounds for the recruiting service of his regiment, and take his receipt to account for the same. The Committee of Safety then adjourned until ten o'clock to-morrow morning. DIE JO VIS, 10 HO. A. M, January 2nd, 1777. The Committee of Safety met pursuant to adjournment. Present — General Scott, Mr. Dunscomb — New-York. Mr. James Livingston, Mr. R. R. Livingston — Dutchess. Mr. Gelston— Suffolk. Mr. Gil. Drake, Mr. Morris — Westchester. Mr. Harper, Mr. Moore — Try on. Mr. Tappin, Mr. Rea — Ulster. Mr. LilUe — Orange. Mr. Sessions, Mr. Stephens — Cumberland. James Livingston, Esquire, was unanimously chosen Chairman until the arrival of the President or Vice-Presi- dent. An account of John R. Livingston against this State for bounty on powder made before the ninth day of June last, and amounting to the sum of two hundred pounds, was produced to the Committee of Safety for payment. Ordered, That Mr. Tappin and Mr. Moore be a commit- tee to examine the said account, and compare it with the resolutions giving a bounty on the manufacture of gunpow- der, and report thereon. Whereas the State of New-York had lately made six new brass fieldpieces, six pounders, for the defence of the State, which have been removed out of, and at a distance from the State, with the Continental army ; and the Com- mittee of Safety are informed [that] General Heath is about to remove the fieldpieces, now at Peeks Kill, out of this State : Resolved, That Major-General Heath be requested to direct that an equal number of brass fieldpieces, six pound- ers, be left at Peekskill, for the defence of this State, if consistent with the public service, until those belonging to the State are returned, or they may appear less necessary for its defence, than at present. A draft of a letter to Mrvjor-General Heath was read and approved of, in the words following, to wit: " Sir — The Convention direct me to enclose you a re- solution relating to some brass cannon, which were cast at the expense and for the use of this State. As these can- non were taken by His Excellency General Washington to the southward, and as you are about to march into Jer- sey with a great part of the troops under your command, where you will probably choose to take a considerable part of the Continental cannon you have with you, we should thereby be deprived of these necessary weapons of defence, which we are confident, sir, you will, with your usual can- dour, acknowledge to be highly unjust. We are, therefore, to entreat you that you will leave some light fieldpieces at Peekskill, for the use of the State, which will much oblige the Convention. " I am your most humble servant. " Major-General Heath." Ordered That the Chairman sign a copy thereof, and that it be transmitted. On motion of Mr. Jay, Ordered, That the committee appointed to see Lady Mary Johnson fixed in a place of residence, report to this Committee their proceedings in pursuance of that appoint- ment. Ordered, That Mr. Mathias B. Miller be and is hereby appointed surgeon to Colonel David Sutherland's regiment of militia, which is in actual service. The Committee of Safely are informed that a certain John Davis, a native and inhabitant of Middletown, in Con- necticut, and now or late a soldier in Colonel Bradley's re- giment, from Connecticut, is at the door of the Committee with the small pox breaking out upon him, whereof he desires information may be given to this Committee. Ordered, That Mr. Moore and Mr. Little, two of the committee for taking care of the poor, provide, or direct to be provided, proper lodgings, wherein to place the said John Davis until his recovery ; and that the said commit- tee report their proceedings and expense, in pursuance of this order. Ordered, That the respective committees appointed to report a proclamation for a general fast, and a proclamation of a general pardon to all persons who have joined the enemy, and shall return within a limited time, do bring in their respective reports to-morrow. Ordered, That the committee appointed to report an ordinance of sequestration of the estate of such persons as have gone over to or joined the enemy, report to-mor- row. The committee appointed to devise ways and means to enable the several county committees to defray their con- tingent charges, brought in their report, which was read. Ordered, That the farther consideration thereof be post- poned till to-morrow. A draft of a letter to Colonel Henry Van Rensselaer, at Claverack, was read and approved, and is in the words fol- lowing, to wit : " Sir — By a resolution passed the day of Novem- ber last, you were appointed a commissioner to borrow mo- ney for the use of the Continent, agreeable to order of the third day of October last. ; since which we have not heard whether you accepted the commission, or have done any thing in execution thereof. We wish to hear from you as soon as possible on this subject, as a matter of so much importance ought not to be neglected. " I am, &c. " Colonel Henry Van Rensselaer." Ordered, That a copy thereof be engrossed, and signed by the Chairman, and transmitted. A letter from John Schenk, Esquire, by Mr. Samuel Patrick, together with an account of the said Samuel Pa- trick, against Fort Montgomery, was read, Ordered, That the said letter and account be referred to Colonel Tappen and Mr. Gelston, who are hereby di- rected to examine into the same and report. Resolved. That the members of Convention, who com- pose the committee for appointing and arranging the offi- cers of the Continental regiments raising in this State, do immediately attend this Committee of Safely. The Committee of Safety adjourned till 10 o'clock to- morrow morning. DIE VENERIS, 1 0 ho. a. m. January 3rd, 1777. The Committee of Safety met pursuant to adjournment. Present — James Livingston, Esquire, Chairman. Mr. Dunscomb, Mr. Roosevelt, Mr. Robert Harper— New- York- Mr. James Livingston, Mr. R. R. Livingston, Major Schenk— Dutchess. 75 " mh January, 1777. \ " The Treasurer reported that he had no money in hand, and in order to discharge the pressing demands daily made, he had borrowed six hundred pounds, and that a number of accounts audited remain yet unpaid. " Resolved, therefore, That the chairman draw upon the Convention of this State for two thousand pounds, to pay the said sum of six hundred pounds borrowed by the Trea- surer, and to pay off the accounts yet unpaid, and also to defray the contingent charges of this county and State. " Extracts from the minutes. " MAT. VISSCHER, Secy." A draft of the chairman of the committee of the county of Albany, was read, and is in the words following, to wit : "Albany Committee Chamber, ) " 29th Jany. 1777. $ " Sir — Please to pay to Messrs. Robert Yates, Leonard Gansevoort, Robert Van Rensselaer, John Tayler and Matthew Adgate, or either of them, two thousand pounds, and charge the same to this county. " By order. " JOHN BARCLAY, Chairman. " To the President of the Convention of the State of New-York." A motion was then made and seconded that this Com- mitee direct a compliance with the said draft, and order the Treasurer to pay the same. 800 JOURNAL OF THE COMMITTEE OF SAFETY. Debates arose thereon ; and after some time spent there- in, the following questions were put : Whether on this application, money shall be lent to the committee of Albany ? Agreed in the affirmative. Mr. Duane and Mr. Win. Harper dissenting. Tne question was then put, whether the sum to be lent should be two thousand pounds. Agreed in the affirma- tive. Whereupon, Resolved and Ordered, That the Treasurer of this State, advance to Messrs. Robert Yates, Leonard Ganse- voort, Robert Van Rensselaer, John Tayler and Matthew Adgate, or either of them, the sum of two thousand pounds, for the use of the county of Albany ; that the same be charged to the said county. That the Deputies of Albany inform the committee of Albany that this Committee of Safety think it improper that the committee of Albany should pay the companies of rangers. The Committee of Safety then adjourned till 10 o'clock to-morrow morning. SUNDAY MORNING. February 9th, 1777. Present — Pierre Van Cortlandt, Esqr. Vice-President. Genl. Scott, Mr. Duane, Col. Broome, Alderman Lott— New- York. Mr. Wm. Harper, Mr. Newkirk, Mr. Moore— Tryon. Mr. Webster — Charlotte. Col. Van Rensselaer, Mr. Taylor, Col. Livingston, Mr. Gansevoort— Mbany. Mr. R. R. Livingston, Mr. Jas. Livingston — Dutchess. Mr. Stephens— Cumberland. Col. Van Cortlandt, Judge Graham, Mr. Morris— Westchester. Mr. Wisner — Orange. General Scott, from the committee to whom was referred the several despatches from General Schuyler, relating to the reinforcement of the garrison, of grain in the northern part of this State, and the dangerous communication be- tween the two armies of the enemy, by the intervention of John Brandt, an Indian, made the following report, which was agreed to, to wit : That from the said despatches, it appears necessary to put it in General Schuyler's power, 1st. To send a con- siderable force to reinforce the abovementioned garrison. 2ndly. To assist the General in procuring provisions for our northern army. 3dly. To provide for the apprehen- sion of Joseph Brandt. As to the first, the Committee submit the following re- solutions, to wit : 1st. Resolved, That General Schuyler be empowered to despatch one-fifth part of the militia of the several coun- ties of Albany, Tryon, Charlotte, Gloucester and Cum- berland, for reinforcement of the said garrison of Ticonde- ioga, whenever he shall think the same absolutely neces- sary ; and that the said militia be discharged as soon as such necessity shall cease. 2nd. To the end that such detachments may be properly officered, Resolved, That General Schuyler, with the assistance of the Brigadier-General of the said respective counties, select such officers, and of such rank as they shall think proper, for the most effectual command of the said detach- ments. 3rd. The said detachments being thus made and offi- cered, Resolved, That General Schuyler regiment them in such manner as he shall think proper, they being hereby put under his command. 4th. Whereas there is great reason to apprehend that the militia of the said counties are not armed and accou- tred as the regulations for the militia of this State require : Resolved, That such of the said militia of the said se- veral counties who shall not, on being detached for the ser- vice aforesaid be well armed and accoutred, be supplied by impress with arms and accoutrements from the rest of the militia of the said counties respectively; that is to say, the detachment of each regiment to be armed and accou- tred from the rest of the militia of such regiment, and the brigadier-general of each of the said counties, and such persons as they respectively shall authorize, for the purpo- ses hereby directed and required, to make such impress as aforesaid. 5th. To the end that justice may be done to the persons from whom arms and accoutrements shall be so impressed as aforesaid, Resolved, That two members, either of the general or sub-committee, with the captain of the company from and out of which impress as aforesaid shall be made, shall esti- mate the value of each musket or fire-arm and the accou- trements thereto belonging so impressed as aforesaid, and furnish to the owner thereof a certificate of such impress and valuation, and shall deliver the same to the captains respectively, or their officers commanding the companies of such detachments as aforesaid, who shall respectively give receipts and be responsible for the same, either by returning the said arms and accoutrements to the respective owners thereof in good condition, on paying for the same in case of loss or injury, according to such valuation as aforesaid ; and in case of such payment, shall be autho- rized to deduct the amount thereof out of the pay of every soldier who shall thus be furnished by impress as afore- said; provided, always that this State shall be and is here- by declared to be responsible for every inevitable loss or injury of or to such impressed arms and accoutrements as aforesaid, pursuant to such valuation as aforesaid, and the valuation of such injury by the persons authorized to make such valuations. As to the second point : In order to the sufficient supply of provisions for the army in the northern department : Resolved, That Major-General Schuyler be, and he is hereby authorized to take all such quantities of provisions in the several counties to the northward of the counties of Ulster and Dutchess, within this State, as have been pur- chased, or shall be stored, monopolized or engrossed, as he shall think necessary for the supply of the said army, and cause the same to be valued by three indifferent and substantial freeholders on oath, and pay for the same ac- cording to such valuation. As to the third point : Resolved, That it is the opinion of the Committee that it will be of great service to the American cause to appre- hend the said Joseph Brandt, and also one Gilbert Fice, who, this Committee are informed, accompanies him ; that no cost or labour should be spared to obtain that end ; and that Mr. John Harper, of the county of Tryon, be recom- mended to General Schuyler, as a proper person to be im- mediately supplied with sufficient money, and with a suffi- cient party if necessary for that service, he being, accord- ing to good information, well acquainted at the Onogh- quage castle and strongly attached to the American cause. Ordered, That Judge Graham and Colo. Van Rensse- laer, be a committee to inquire relative to the liquors and property of Captain Foular, who has gone over to the enemy. Ordered, That Mr. Duane, Mr. R. R. Livingston and Mr. Gansevoort, be a committee to prepare the draft of a letter to Major-General Schuyler, to communicate to him the sense of the Committee on the subject referred to in his late despatches and report the same. Mr. Duane, from the committee aforesaid, reported the draft of a letter to Major-General Schuyler, which was ap- proved of as follows, to wit : " Sir — Your favour of the 4th instant has been laid be- fore the Committee of Safety, and with that of the first, duly considered. I am directed to enclose you the resolu- tions of the House upon the important subject to which they relate. It is with the utmost concern that we contem- t JOURNAL OF THE COMMITTEE OF SAFETY. 801 plate the prospect of drawing out the northern militia, al- ready averse to service in this inclement season, but from the vast importance of preserving Ticonderoga ; and if such guarded assurance, that nothing but urgent necessity will induce you to embrace this last resource, they have sent you with directions for that purpose." [The rest of this letter not entered in the minutes.] The Committee then adjourned till to-morrow morning. MONDAY MORNING, Feby. 10 th, 1777. The Committee of Safety met pursuant to adjournment. Present — Mr. Duane, Mr. Roosevelt, Colo. Broome, General Scott, Colonel Loll, Mr. Harper, Mr. Jay— New- York. Mr. Gansevoort. Col. Van Rensselaer, Mr. Taylor, Col. Livingston, Mr. Adgate — ilbany. Mr. Tappen — Ulster. Major Lawrence— Queens. Mr. R. R. Livingston, Mr. James Livingston— Dutchess. Mr. Wisner — Orange. Colo. Van Cortlandt, Mr. Morris, Col. Graham, Col. Drake — West- chester. Mr. Harper, Mr. Newkirk — Tryon. Mr. Webster— Charlotte. Mr. Stephens — Cumberland. Whereas a message was this day sent to Mr. Moore, one of the Representatives of Tryon county, desiring his at- tendance, without which there would not be a sufficient number of members to form a Convention, which at this time is indispensably necessary for the public service. Resolved, therefore, That a messenger be despatched to notify Mr. Moore, that his immediate attendance on Con- vention is required, and peremptorily to cause him to re- turn accordingly. Ordered, That messengers be immediately sent to the following members : Major Parks, Mr. Joseph Smith and Mr. Henry Schenk ; and that said members do peremto- rily attend the Convention without delay. The committee, to whom was referred the consideration of ways and means to prevent the depreciation of the Con- tinental and State currency, and to prevent extortion in fur- nishing supplies to the American army, delivered in their report, which was read. Ordered, That the consideration thereof be postponed until to-morrow morning. On motion, Resolved, That it be, and it is hereby enjoined, on all the members of the Convention of this State, who are now in Fishkill, or the neighbourhood thereof, as also those members who are sent for, not to depart this place without leave of the said Convention, or this Committee, on pain of expulsion. Whereas it has become necessary to provide the most effectual means to prevent the desertion of the troops in the service of the United States : Resolved, therefore, That if any person in this State shall, knowingly, harbour or conceal any soldier belonging to the Continental army, without his having a furlough, or leave of absence, in writing, from his commanding officer, or neglect to inform the committee of the district wherein he resides, of the appearance of such soldier in the said district, he shall, upon due conviction before the committee of such county or district whereof the fact shall happen, forfeit for such offence the penalty of twenty pounds ; to be levied on the goods and chattels, by warrant of the chairman of such committee ; which warrant shall be di- rected to the constable of the district, or for the want of a constable, to any inhabitant thereof; and if the offender shall not have goods and chattels whereof such penalty can be levied, that then he shall suffer three months' imprison- ment in the common jail of the county which such com- mittee represent. 201 I Resolved, That one-half of all penalties which shall be recovered by virtue of the said resolutions, shall be applied in such manner as the Convention, or future Legislature of this State, shall direct. Resolved, That the several county and district committees of this State be and they are hereby directed and enjoined to use the utmost endeavours to cause all deserters to be apprehended and sent to the nearest jail, and to transmit notice thereof to the nearest commanding officer, or to the officer of the regiment or company to which he belongs, and an account of the expenses of such apprehension ; and if it shall not be paid, the Convention will, on notice thereof, and on being furnished with the account, duly au- thenticated, reimburse the same to such committee. Ordered, That the foregoing resolutions be published in the public newspapers. Whereas the former building used as a guard house, near Fishkill church, is nearly demolished, and become untenable : And whereas, the guards there kept, fre- quently intoxicated with liquor, have heretofore committed, and continue to commit great waste by burning and de- stroying posts, rails and boards, and the firewood, clan- destinely taken away from the houses of the inhabitants of the neighbourhood, to the great damage of the said inhabi- tants : And whereas, the Committee are informed that the stores placed in the Episcopal church, on pretext whereof the said guard is kept, may, with great conven- ience and little expense, be removed to the Continental stores near the barracks, where they would be much more effectually guarded : Therefore, Resolved, That Colonel Chevers, or the officer having the charge of those stores, be requested to cause the stores kept in the said Episcopal church, to be removed to such store house near the barracks, as may be most convenient for him, in order that the said guard may be removed from the said guard house. And whereas the Committee of Safety have been in- formed, that the troops in the barracks, for want of a pro- per supply of firewood, have greatly impaired the value of, and nearly destroyed the farms adjoining the same, by de- stroying the fences : Resolved, That the commanding officer at this post be requested to give such orders as may effectually prevent injuring or destroying the fences in this precinct, by the troops, and cause the barracks to be supplied, from time to time, by such agent or agents of the quarter-master-gene- ral, whose duty it may be, with sufficient quantities of firewood. Ordered, That the Treasurer of this State pay unto Captain Elias Haasbrook, of the Ulster county rangers, the sum of two hundred and twenty-eight pounds nineteen shillings and two pence, in full for the pay, and the sum of one hundred and fifty pounds and ten pence, in full for subsistence of his company, from the first day of Novr. 1776, to the last day of January, 1777, both days included ; and also the further sum of thirty pounds for bounty mo- ney for the said company, agreeable to his pay and subsis- tence rolls and an account of the said bounty money ; the whole of which are sworn to by him and audited by the committee for auditing accounts, and reported this day. The committee appointed to confer with Mr. John Har- per, messenger from the chiefs of the Ocoghquaga Indians, on the subject of the message from those Indians to Con- vention, reported : " That the said chiefs complain that they have not been paid for certain lands in Tryon county, purchased from them by George Croghan for the use of the late General Bridsport, having for the consideration accepted Croghan's note. That the said lands have since been patented to others, under the great seal of New-York. " That they further complain that surveys have been made of their lands without their consent. And they en- treat the Convention to interpose their authority, that justice may be obtained and the minds of the Indians quieted. And, 802 JOURNAL OF THE COMMITTEE OF SAFETY. " Resolved, That a messenger be sent by the Conven- tion to the said Indians, assuring them that this State is se- riously disposed at all times to do them the utmost justice, and to prevent any of the inhabitants from injuring them in their persons or possessions, and to promote the most friendly and cordial intercourse between the Indians and the other inhabitants of this State. " That it gives them concern that Croghan has abused their confidence and deceived them, as he has many other subjects of this State, by getting greatly in debt and then privately removing out of its jurisdiction. That they will, however, use all the means in their power to procure pay- ment for them. "That with respect to the lands of the said Indians which have been surveyed without their consent of sale, they be assured that no such survey can affect or prejudice their right. That if any settlement shall be attempted, the Convention, on complaint, will cause the intruders to be removed." Resolved, That a committee be appointed to inquire and report the best ways and means for managing the Indian affairs of this State, and that Mr. Duane and Mr. Morris be the committee. Resolved, That Mrs. Cunningham, the wife of James Cunningham, a cooper, now with the enemy, have a pass to go to the city of New-York, to her husband, with her three children, she being first duly sworn before the Pre- sident or Vice-President not to communicate or convey any intelligence by word or writing, or carry any letters or papers but such as shall be first produced and shown to this Committee. Nathan Pearce, Esquire, chairman of the committee of Pauling's precinct, in Dutchess county, informed the Com- mittee of Safety (through a member) that the committee of Pauling's precinct have employed a guard of twenty men to apprehend tories, &c. to which they are indebted ; also, that they are indebted for the maintenance of a stran- ger with the small pox, for which a regular account shall be produced ; that the committee of Pauling's precinct re- quests that they may make use of so much moneys of the fines lately collected as will defray the above mentioned expenses, proper accounts whereof shall also be produced. Thereupon, Resolved, That the chairman of the committee of Pau- ling's precinct account for all public moneys in his hands, and after deducting reasonable expenses of the committee, pay the balance to the Treasurer or Vice-Treasurer of this State. The Committee of Safety then adjourned until to-mor- row morning. TUESDAY MORNING, February ilth, 1777. The Convention met. Present — Colonel Van Cortlandt, Vice-President. Mr. Duane, Col. Lott, Col. Broome, Mr. Roosevelt, Genl. Scott, Mr Harper — New-York. Mr. Jas. Livingston, Major Schenk, Captn. Piatt, Mr. R. R. Livings- ton — Dutchess. Mr. Moore, Mr. Newkirk, Mr. Harper — Tryon. Mr. Wisner — Orange. Mr. Webster — Charlotte. Col. Van Rensselaer, Mr. Gansevoort, Mr. Taylor, Col. Livingston, Mr. Adgate — Mbany. Mr. Morris, Col. Drake, Col. Van Cortlandt, Judge Graham, Mr. Mills — Westchester. Mujor Tappen — Ulster. Mr. Stephens — Cumberland. Major Lawrence — Queens. Whereas Gilbert Drake, Esqr. being indebted by bond in about £75 principal to William Lownsbury, one of the persons concerned in spiking the cannon at King's Bridge, and who afterwards joined the enemy and wassl ain, was by a resolution of the late Provincial Congress, passed on the 2nd day of May last, directed to withhold payment of the said money until further orders ; and the said Gilbert Drake having applied to Convention for leave to deposit the said money into the Treasury of this State, and it be- ing reasonable he should be relieved from the risk of keep- ing the said money : Resolved, therefore, That the Vice-Treasurer of this State be authorized to receive the said money from the said Gilbert Drake, and to pass a receipt for the same to him, which receipt shall operate as a full discharge of the said bond, both in law and equity ; and the said money being deposited in the treasury, shall be applied in such manner as the Convention or a future Legislature shall direct ; provided, that no suit shall be brought for the said money within three years, before some court of law or equity within this Slate. In case any such suit shall be brought, that it be defended by the Treasurer at the expense of this State. Mr. Morris moved the following resolution : Resolved, That the members of Convention who may from time to time attend the said Convention or the Com- mittee of Safety, do not depart without leave of the House or the Committee of Safety on pain of expulsion. Col. Livingston moved for the following amendment : " Unless they leave a representation of their county." Debates arose, and a question put, it was carried in the negative as follows, to wit : For the Amendment. Against the Amendment. New- York, 8 Albany, 6 Dutchess, 5 Tryon, 3 Westchester, 4 Mr. Harper dissents. Mr. R. R. Livingston moved the following amendment : Strike out the words, " of expulsion," and instead thereof insert, "being sent for and brought back by the sergeant- at-arms at the charge of such members, and reprimanded by the President in such manner as the House shall direct ; and that the constituents of the delinquent be made ac quainted with his neglect." The amendment being read was agreed to. The original motion being read with the amendment as agreed to, and the question being put thereon, was unani- mously agreed to, which is as follows, to wit : " Resolved, That the members of Convention who may from time to time attend the said Convention or the Com- mittee of Safety, do not depart without leave of the House or the Committee of Safety, on pain of being sent for by the sergeant-at-arms, at the charge of such member, and reprimanded by the President in such manner as the House shall direct, and that the constituents of the delinquent be made acquainted with his neglect." Ordered, That the Treasurer of this State pay unto Jacobus Van Wack the sum of £3 15s. for boarding a sick man and for the expense of burying him, on his de- cease, by order of the committee appointed to provide for the poor. Colonel Livingston moved that the Convention will ad- journ from this place. Debates arose, and the question being put, was carried in the affirmative, as follows : For the Affirmative. For the Negative- Albany, 6 Westchester, 4 New-York, 8 Tryon, 3 14 7 Dutchess divided. Mr. Gansevoort moved that this Convention will adjourn to meet at Kingston, in Ulster county, on the nineteenth instant. Mr. Wisner moved that the words " Goshen in Orange county," be inserted instead of the words " Kingston in Ulster county." Debates arose thereon, and the question being put on the amendment, it was carried in the negative. The question was then put on Mr. Gansevoort's motion, and carried in the affirmative. JOURNAL OF THE COMMITTEE OF SAFETY. 803 Mr. Duane then moved for the following preamble and resolution : Whereas the many great and momentous affairs now under consideration of Convention, have occasioned a call of the House, and require the advice and assistance of all its members, and this village being too small to af- ford proper accommodations for the Convention and those who have business with the public : Resolved, therefore, That this Convention will adjourn from this place to Kingston, in Ulster county, to meet on the nineteenth instant, and all the members of Convention are peremptorily required to give their attendance accordingly. The same being read and the question put thereon, it was carried in the affirmative, General Scott dissenting to the preamble. Ordered, That the aforegoing preamble and resolution be published. Ordered, That the members present do write letters to the committees of their respective counties, enclosing co- pies of the above resolution, and inform them that it is the intention of the House as soon as they meet in Kingston, to proceed to the business of forming a plan of govern- ment, requesting them to notify the members thereof, and requesting their attendance. Ordered, That the clothing committee be requested to recommend a proper person to Convention to-morrow morn- ing, as commissary of clothing. Mr. Livingston, to whom was referred a letter from Mr. Alexander Wallace to Governeur Morris, Esquire, on the subject of Hugh Wallace, Esqr.'s plate and effects, taken Dy order of General Heath, at Hackensack, delivered in their report of the committee, which was read and post- poned for further consideration. Colonel Lott has leave of absence and to meet the Con- vention at Kingston. Whereas the many important affairs now before Con- vention will require the advice and assistance of all its members : Resolved, therefore, That the committee for inquiring into, detecting and defeating all conspiracies which may be formed in this State against the liberties of America be dissolved on or before the 27th day of this instant ; that Egbert Benson, Jacobus Swartwourt and Melancton Smith, Esqrs. be appointed commissioners for inquiring into, de- tecting and defeating conspiracies which may be formed in this State against the liberties of America; that they shall respectively be allowed 12s. for every day they shall serve in the said trust ; that the before mentioned committee pre- pare the draft of a commission and instruction for the said commissioners and report the same with allconvenientspeed. Ordered, That the committee appointed to provide can- non for the frigates built at Poughkeepsie, have leave of absence to attend the said business, and to meet the Con- vention at Kingston as soon as possible. Ordered, That the committee appointed to establish an armoury at this place, be requested to recommend a pro- per person to take charge of that business. Mr. Dunscomb arrived into Convention after the afore- going business was done. Mr. Wisner, Senr. one of the members, represented to Convention that he stands indebted to Oliver Delancy, now commanding a brigade in the actual service of the enemy, and to David Johnson, Esquire, in the sum of £1,260, principal money, on which there is an arrear of interest ; which money is secured to be paid by his bond to them jointly and a mortgage on certain lands in the county of Ulster ; that he is ready and desirous to discharge the said debt and requests the direction of this House concerning the moiety thereof belonging to the said Oliver Delancy. Resolved, therefore, That Mr. Wisner be at liberty to pay one moiety of the said debt to Mr. Johnson ; and that he lodge the other half in the Treasury of this State, to attend the future disposition of the Convention or Legis- lature thereof; and that upon producing Mr. Johnson's re- ceipt and the Treasurer's certificate of such payment and deposit, and lodge the same with the Secretary of this Convention, the said bond and mortgage shall be null and void. Provided, the signing of the said receipt shall be proved by at least one witness on oath, to be administered by the President or Vice-President of this Convention, or in the recess thereof, by the Chairman of the Committee of Safety. A letter from Edward Dunscomb, son of Daniel Duns- comb, who is now in prison in New-York, was delivered into Convention and read. He therein sets forth his long confinement ; that others taken prisoners long since him, have been exchanged, and therefore requests the interpo- sition of Congress that an exchange may be effected for him. Ordered, That the subject of the said letter be referred to General Scott and Mr. Dunscomb. Ordered, That the Treasurer of this State, advance to Robert Harper, Esquire, the sum of £500, for the use of the committee appointed to procure clothing for the troops raising in this State. Resolved, That Colonel Broome be appointed agent of the privateer sloop Montgomerie, belonging to this State, and that he be authorized to fit her out in case of her re- turn, and take the charge of her prizes, if she shall meet with success, and to cause the same to be disposed of; and this Convention engage the public faith, to reimburse the money which he shall expend in the premises. Mr. Duane reported the draft of a letter to the Indian chiefs residing at Oncoghquaga, which was read and ap- proved of, and is in the words following, to wit : " Brothers — Your message by John Harper, has been delivered to the Representatives of this State, in their great council, at Fishkill. We thank you for your kind saluta- ions, and assure you that the great council of this State is sincerely disposed to do you every kind of justice and kindness in their power to prevent any injury to your per- sons or possessions, and to promote the most friendly and cordial friendship between all the Indians and the other inhabitants of this State. " It gives us real concern that George Croghan has abused your confidence and defrauded you of the money due on his note of hand. He has treated many other sub- jects of this State in the same manner ; first, running greatly in their debt, and then privately remaining out of its jurisdiction. The great council will, however, when the important business which at present engages all their attention shall admit, endeavour to secure your debt. " Brothers — The great council will never suffer you to be defrauded of your lands, but will severely punish all who attempt it ; and you may safely depend on our pro- tection. Be not therefore disquieted, if any person has been so imprudent as to survey your lands without your consent for sale ; such survey cannot prejudice your right. If a settlement should be attempted, the great council, on your complaint, will order the intruder to be removed. " Brothers — We are not unmindful of your wants or your former request for ammunition ; we shall always be pleased when it is in our power, to assist you ; and we now send you 100 weight of powder, which you will ac- cept as a proof of our sincerity and regard. " Brothers — Rely on our justice, protection and friend- ship. Farewell. " Given in the great council of the State of New-York, and signed " By order of Convention. " Fishkill, February 1 lth, 1777." Resolved, That one hundred weight of gunpowder be presented to the Indians residing at Oncoghquaga and its neighbourhood, in the county of Tryon ; and that Mr. John R. Livingston be requested to deliver that quantity to Mr. John Harper, out of the powder at his works belong- ing to this State. 804 JOURNAL OF THE COMMITTEE OF SAFETY. Mr. Broome has leave of absence for three weeks, (months.) Colo. Livingston has the like leave till the Convention meet at Kingston. Mr. Wisner has leave of absence for one day. Mr. Uuane has leave of absence for one day, to inquire the boundaries of this Stale. Adjourned. WEDNESDAY MORNING, February 12th, 1777. The Committee of Safety met. Present — Col. Van Cortlandt, Vice-President. Mr. Harper, General Scott, Mr. Dunscomb — New-York. Mr. H. Schenk, Mr. James Livingston, Mr. Sacket — Dutchess. Mr. Tappen — Ulster. Mr. Stevens — Cumberland. Mr. Webster — Charlotte. Mr. Adgate, Mr. Gansevoort, Mr. Taylor — Albany. Mr. Moore, Mr. Newktrk, Mr. Harper — Tryon. Major Lawrence — Queens. Mr. Wisner— Orange. Ordered, That the Treasurer of this State pay unto Henry Schenk, Esqr. the sum of one pound, to reimburse him for the expenses of removing 1 1 boxes of types, be- longing to Hugh Gaine, from the landing of the Continental store; and the sum of two pounds, eight shillings, for so much by him paid to an express to General Washington, as per his account, audited and reported by the committee. Ordered, That Mr. Loudon be directed to send 1,000 copies of the Crisis, No. 2, to this Committee, and that it be enjoined on the members to send a proportion of them to their respective counties, to be distributed among the inhabitants. Mr. Gansevoort moved " that Gerard Bancker, Esqr. Vice-Treasurer of this State, be directed to remove, be- tween this and the nineteenth instant, the treasury and pa- pers belonging to this State, to Kingston, in the county of Ulster." Debates arose thereon, and the question being put it was carried in the negative. Mr. Wisner informed the Committee that sundry inha- bitants of part of Orange county are gone over to the enemy, leaving behind them their stock, hay, grain, and other effects. Thereupon, Ordered, That Mr. Wisner be a committee to devise ways and means to secure the property of sundry persons, of the county of Orange, who are gone over to the enemy, and that he report the same as soon as possible. General Scott (in behalf of Mr. Sacket) informed the Commiltee that Mr. Sacket is employed by His Excel- lency General Washington, to execute some public bu- siness, for defraying the expense whereof Mr. Sacket pro- duced an order from his said Excellency, on the Paymas- ter-General to the army of the United States of America, which is in the words following, to wit : " 500 dollars. " Pay to Mr. Nathaniel Sacket five hundred dollars, to be accounted for with me; and this shall be your sufficient warrant. "Given under my hand, at Morris Town, this fourth day of February, 1777. " GO. WASHINGTON. "By His Excellency's command. " Tench Tii.ghman. " To William Palfrey, Esqr. Paymaster- General to the Army of the United States of America." General Scott further informed the Committee that the Paymaster-General being absent when Mr. Sacket left Head-Quarters, payment on the said order could not be procured, and that the business to which Mr. Sacket is ap- pointed as aforesaid is of a very urgent nature, and therefore moved that the money be advanced Mr. Sacket, on the credit of the said order, out of the treasury of this State. There- upon, Ordered, That the Treasurer of this State advance to Nathaniel Sacket, Esquire, on the credit and account of His Excellency General Washington's order for five hun- dred dollars, on the Paymaster-General of the army of the United States of America, in favour of Mr. Sacket, dated the fourth day of Feby. 1777, the sum of five hundred dollars, and that the Treasurer take Mr. Sacket's endorse- ment on the said order, making the same payable to the Treasurer of this State for the use thereof. A letter from His Excellency General Washington, dated at Morris Town, February 8th, 1777, was read and filed, and is as follows, to wit : "Head-Quarters, ? " Morris Town, Feby. 8th, 1777. J " Sir — Yesterday honoured me with your two favours of the 22d and 23d ulto. Had the success that was rea- sonably expected from the expedition undertaken by Ge- neral Heath attended our arms, I had flattering hopes of congratulating my country on the happy event of circum- scribing her unnatural foes within narrow limits, and a fair prospect of retarding their early operations in the next campaign, till we are completely ready to meet and effectu- ally to oppose them. " I beg that you would do me the justice to believe that I had no other view in mentioning the detention of some of the Continental clothing by your State, than a sincere wish to deprive others of the smallest right to charge me with a predilection in your favour ; though my inclination might have led me to devote an unusual share of attention to your circumstances, yet it is necessary for me to exer- cise in every instance, an impartial justice. Mr. Hughs was mistaken, when he mentioned to one of your members that a part of those goods were to be left at Peekskill ; from the first, I intended that they should be delivered into the hands of Mr. Mease the clothier-general who has my orders to distribute them among the States, having just regard to their numbers, situation and circumstances. He is now at this place on that business ; and will, when made up, deliver them to the regiments as they want them. " I should be unhappy in the belief that any part of my letters to you could be construed into the slightest hint that you want to interfere in the military line : Heaven knows that I want the aid of every great man, and that there are not such enviable pleasures attending my situation, as to make me too jealous of its prerogatives. Rather than com- plain of your late effort in the military way, you deserve the thanks of us all ; and I feel myself happy in this op- portunity of returning you mine, in the greatest truth and sincerity. " I am not without my apprehensions for the safety of the fortress of Ticonderoga, and have therefore wrote to N. Hampshire and the Bay, to forward their new troops to that place with all possible despatch. From the accounts I receive of the success that attends the recruiting service in those States, I have reason to expect that garrison will, in a short time, be in a respectable state of defence. " I am sorry that experience has too fully proved that General Howe has every species of intelligence he can wish for, and cannot therefore suppress my just indignation at the extraordinary request made by Mr. Loring, his com- missary pris'r, that the Canada gents, should have a safe pass through our country ; our assistance in returning home I hope thev would not doubt, could prudence justify us in indulging them with an opportunity of making every dis- covery they could with relation to our situation. You are therefore perfectly right in refusing him. " Every thing in the clothing line passes through the hands of Mr. Mease ; with him you will please to corres- pond on that subject. JOURNAL OF THE COMMITTEE OF SAFETY. 805 " Nothing material has happened lately. The enemy's want of forage compels them to send out large parties to secure it ; these are always beat in with some loss. Their draft and artillery horses die fast ; and now that I have brought all the useful ones from their neighbourhood, I think they will meet with much difficulty in advancing. " I am, sir, your most obt. servant, " GO. WASHINGTON. " Hon. Jas. Livingston, Esqr." A memorial of Captain James Stewart, relative to the pay of Allen Grant, a soldier who was taken prisoner on New- York island, has been exchanged, and is now return- ed to his company, was read. Ordered, That Major Lawrence and Mr. Webster be a committee to consider and report thereon. A letter from Lewis McDonald, chairman of the com- mittee of Bedford in Westchester county, relative to a com- pany of rangers raised in Westchester county by Captain Gray, and relative to sundry resolutions of the said com- mittee, and contained in the said letter, was received and read. Ordered, That Major Tappen, Mr. Adgate and Mr. Mills, be a committee to consider and report thereon. Mr. William Harper moved, and was seconded, that every member of Convention, who have departed without leave of the Convention or Committee, be sent for at their own expense, respectively, by the sergeant-at-arms. The question being put thereon, it was carried in the negative. A remonstrance of the sub-committee of the manor of Cortlandt, dated the 5th instant, relative to the conduct of Peter Come in purchasing wheat, suspected to be intended for the use of the enemy, was read. Colonel Drake gave parol information to the same pur- pose. Ordered, That the said remonstrance and parol informa- tion, be committed to Col. Drake, Mr. Lawrence and Mr. Dunscomb. Major Schenk presented an account — sales of five horses and sundry saddles, and other things, amounting to £80, with a bill of expenses amounting to £22, leaving a balance of £68. Ordered, That the said balance be paid to the Vice- Treasurer. A letter from Captain William Rodgers, dated at Balti- more, on the 17th January, relative to prizes by him brought into that port and libelled, was read. The copies of the papers of the said vessels, therewith enclosed, were also read. Ordered, That they be delivered to Mr. Robert Harper and Major Lawrence, as a committee, to report thereon. Adjourned. THURSDAY MORNING. February 13th, 1777. Present — Colonel Van Cortlandt, Vice-President. Mr. Roosevelt, Mr. Dunscomb — Kew-York. Judge Graham, Mr. Mills, Col. Drake, Mr. Paulding — Westchester. Mr. Harper, Mr. Newkirk — Tryon. Mr. Taylor, Mr. Gansevoort, Mr. Adgate — Albany. Mr. Tappen— Ulster. Major Lawrence — Queens. Mr. Webster— Charlotte. Mr. Jas. Livingston, Mr H. Schenk — Dutchess. Col. Sherwood — Orange. Mr. Stevens — Cumberland. An account of Phebe Couling, for the board of Mr. Douglass and his wife, was read ; and also the petition of Wm. Douglass, praying that some provision may be made for his maintenance. Referred to Mr. Henry Schenk and Mr. Dunscomb. 202 Ordered, That the Treasurer of this State advance to Gilbert Schenk, Esqr. chairman of the committee of Rombout's precinct, in Dutchess county, the sum of £300, to enable the said committee to discharge sundry debts al- ready contracted, and which may be by them contracted, in supporting sundry poor inhabitants of New-York, pur- suant to the order of Convention ; and that the said com- mittee be accountable for the expenditure thereof, to the Convention or future Legislature of this State. The committee to whom was referred the letter from Captain Rogers, of the sloop of war Montgomerie, and the papers relative to vessels captured by him, reported : " That as they are not informed of any suitable person to appoint as agent for that business in Baltimore, it is their opinion that a letter be wrote to our Delegates in Continental Congress now there, to appoint some suitable person for that purpose, to act for this State, and in assist- ing Captain Rogers in fitting out the •vessel for another cruise." Which report was read and approved. The same committee also reported a draft of a letter to the Delegates of this Colony in Continental Congress, and another to Captain Rodgers, which were approved of, as follows, to wit : " Gentlemen — We have received from Captain Wil- liam Rodgers, of the sloop of war Montgomery, belonging to this State, a letter informing us of his arrival in Balti- more, in company with a brig and schooner, prizes taken by him, which are now libelled in the Court of Admiralty of that State, which letters accompanies copies of her re- gister and sundry certificates and papers found on board said brig, all of which appears to us to carry the strongest evidence of said brig and her cargo being the property of the subjects of the King of Great Britain ; notwithstand- ing which, from Captain Rogers' letters it appears he en- tains doubts of the vessel and cargo being condemned. We would therefore beg leave to request you, gentlemen, to give Captain Rogers every assistance in your power in endeavoring to have said brig condemned, and likewise to appoint some suitable person as agent for this State, to as- sist Captain Rogers in the sale of said prizes, and in fitting said sloop for another cruise as soon as possible. You will be pleased to order two-thirds of the quantity of each of the articles mentioned in the enclosed list, to be purchased at all events for the use of this State ; and in case the re- maining ^ part should sell at a moderate price, we would be glad to have them likewise purchased for our accounts; all of which articles are extremely scarce here, and from infor- mation may be transported to De Peau's farm, on the Dela- ware, within forty miles of New-Windsor, on the North river, the greatest part of the way by water. " We are, &c. " To the Hon. Francis Lewis and Lewis Morris, Esqrs. Delegates for the State of New- York, Baltimore." The list of articles referred to in the preceding letter is as follows, to wit : "The barley, raisins, cordage and hawser, crosscut saws, shoes, woollens, linens, Osnaburgs, canvass, lampblack, mustard, spices, twine, nails, salt." The draft of a letter to Captain Rodgers was as follows, to wit : " Sir — We received your favour of 27th ultimo, en- closing a copy of Caplain Wilkenson's receipt for sundry goods shipped on board the schooner Hannah, and accom- panying sundry papers found on board the brigantine Mi- nerva, John Winning master ; both of said vessels you in- forms us you have libelled in the Court of Admiralty, and for which you have our approbation. We cannot, from those papers enclosed to us, conceive any substantial reason can be offered why the brigantine and cargo should not be con- demned ; notwithstanding we have wrote to Messrs. Francis, Lewis and Lewis Morris, our Representatives, (and such other gentlemen as are there in the representation of us,) now in Continental Congress, to whom we refer you for 800 JOURNAL OF THE COMMITTEE OF SAFETY. advice, who will give you all the aid in their power. We have requested those gentlemen to appoint an agent to transact the business for this State, and assist you in for- warding the fitting out of the sloop for another cruise, which we would recommend you would proceed upon as soon as possible. " We are, &c. " To Captain Wm. Hodgers, of the sloop Monlgomerie." Ordered, That the Treasurer of this State advance to Major Jonathan Lawrence, on the account and credit of Queens county the sum of fifty pounds, and that Major Lawrence account with the said county for the same, on a settlement for his services as a Deputy for said county in the Convention of this State, and give his receipt for the same. General Scott, agreeable to order, reported a draft of a letter to His Excellency General Washington, on the sub- ject of exchanging Captain Van Dyck and others, priso- ners at New-York, which was read and approved, and is as follows, to wit : " In Committee of Safety, ? " At Fishkill, Febry. 13th, 1777. 5 " Sir — The Committee of Safety beg leave to request your attention to the exchange of certain prisoners of war belonging to this State, viz. Major Hetfield, Captain Van Dyck, Lieutenant Dunscomb and Adjutant Hogland, who all belonged to General Scott's brigade. The major was taken at the unfortunate attempt on Montresser's island ; the captain in the retreat from New-York on the fif- teenth of September ; and the lieutenant and adjutant at Long island, so long ago as the 27th August. While we are thus soliciting your Excellency in behalf of those unfor- tunate gentlemen, we do not mean to insinuate the least sus- picion of an inattention to their case at Head-Quarters ; on the contrary, the Committee of Safely are well convinced of your equitable design of negociating exchanges with a reference to the respective ranks of the prisoners, and the respective times of their captivity. That we have reason to believe, as we are informed that many who were captur- ed at Fort Washington have already been exchanged, and as we know the political characters of the four unfor- tunate gentlemen above mentioned must render them pe- culiarly obnoxious to the enemy, that the order of exchange has been in some measure evaded contrary to your in- tention, and that many who have had the art of insinu- ating themselves into the favour of the enemy's commissa- ry of prisoners have been indulged with an undue prefe- rence. The gentlemen we have mentioned are all men of real merit, and the continuance of their inprisonment is a public loss. We therefore entreat your friendly aid and in- terposition that justice may be done them. " We are, sir, with great respect and esteem, " Your Excellency's most obedient servants. " By order of the Committee. " His Excellency General Washington." Ordered, That a copy thereof be engrossed, and signed by the Vice-President, and transmitted. The committee to whom was referred the remonstrance of the sub-committee of manor of Cortlandt, relative to Peter Come and others, disaffected, purchasing wheat, &c. reported in the words following, to wit : " Resolved, That no person or persons whatsoever re- siding within the county of Westchester, shall be per- mitted to purchase or manufacture any wheat, flour, pork, beef and other produce, (excepting such and so much as may be necessarily required for the use of their respectice families,) unless such person or persons shall previous to such purchase or manufacture have taken the following oath : [Oath omitted.] Ordered, That a certified copy of the foregoing resolu- tion be sent to the chairman of Westchester county, who is directed to furnish the chairman of the sub-commit- tee in the said county with copies thereof; and they are directed to cause the same to be published in their respec- tive districts without delay. Ordered, That the Treasurer of this State advance to Captain Samuel Tudor, the sum of £1000, to defray the expenses of procuring and cutting timber for a 74 gun ship pursuant to an order of this Committee, and that the Trea- surer pay the said money to Mr. Alexander Leach Miller, to be by him conveyed and delivered to the said Captain Samuel Tudor, and take Mr. Miller's receipt on behalf of Mr. Tudor, to be accountable for the same. A certificate from Col. Isaac Swartwout, relative to a chest of tools taken into the public service by Jacob King, a soldier in Captain Stephen Duryee's company, and which was lost; also a letter from Jeremiah Jones and Jacob King, on the same subject, were read and committed to Mr. Adgate and Mr. Taylor. The committee on the letter from the committee of Bed- ford in Westchester county, and sundry resolutions of said committee, delivered in their report, which was read and recommitted. Adjourned until the afternoon. Thursday Afternoon, Febry. 13th, 1777. The Committee of Safety met. Present— Col. Van Cortlandt, Vice-President. Mr. Scott, Mr. Dunscomb— New-York. Colo. Drake, Mr. Mills, Col. Van Cortlandt— Westchester. Mr. Harper, Mr. Newkirk— Tryon. Mr. Lawrence — Queens. Mr. Gansevoort, Mr. Taylor, Mr. Adgate— Albany. Mr. James Livingston, Mr. Henry Schenk, Major Lzndon— Dutchess. Mr. Tappen— Ulster. Col. Sherwood — Orange. Mr. Stephens— Cumberland. An account of John H. Sleght, amounting to £4, for his trouble, &c. to be audited. A letter from His Excellency General Washington, dated at Morris Town, on the tenth inst. relative to inoculating such soldiers in the Continental army as have not had the small pox, was read. Resolved and Ordered, That Colonel Drake and Mr Paulding be a committee to confer with General McDou- gall or the commanding officer at Peekskill, on the subject of the said letter, and jointly with him appoint a proper place for inoculating such of the Continental troops as have not had the small pox, and to determine the number to be inoculated at one time, and the number of days to be be- tween the inoculation of each party. The committee to whom was referred the account of Phebe S. Coding, and the memorial of William Douglass reported : "That on examination and inquiry, they find the said Douglass to be a very poor indigent man, with a wife and one child at her breast ; that the said Douglass has lost one of his arms whilst engaged in the Continental service, but not being possessed with the resolution of Congress, making provision for their wounded soldiers, beg leave to report the following resolution : " Resolved, That the committee of Rombout precinct be directed to take William Douglass with his wife and child under their care and make provision for them in like man- ner as they use for the poor removed from New- York into their precinct, for which the Convention or Committee of Safety will make provision for payment." Ordered, That Captain James Weeks, who was autho- rized and directed to provide quarters for the said William Douglass and his wife, be furnished with an order of the Committee on the Treasurer for the sum of £\2 12s. for fourteen weeks' board and subsistence of said William Douglass and his wife. Ordered, That the Secretaries transmit a copy of this resolution to the chairman of the committee of Rombout's JOURNAL OF THE COMMITTEE OF SAFETY. 807 precinct, and direct the said Douglass to apply to that com- mittee for his support. The said resolution and report being considered, were agreed to. A letter from William Duer, Esqr. dated at Cromwells, on the 6th inst. recommending Mr. Joseph Hunt for pro- tection, and provision to be made for him and his family as a reward for his zeal and late essential services to his coun- try, and some compensation for his being obliged to leave his farm and mills on that account, was read. General Scott gave satisfactory information to the Com- mittee of the good services of the said Joseph Hunt. Ordered, That the said Joseph Hunt be directed and permitted to take possession of some part of the dwelling houses and buildings on the farm lately occupied by Tho- mas Barclay at Walkill ; and that he have the use of so much of the said farm, farm houses and out houses as may be necessary for the convenient lodging and support of his family, until further order of the Convention or Le- gislature of this State ; and that Fowler permit the said Joseph Hunt, to have possession of part of the said farm and houses. And Resolved, That the Convention of this State will de- fray the expense of the removal of the said Joseph Hunt with his family and effects from Westchester county to Walkill aforesaid. The Committee of Safety then adjourned till to-morrow morning. FRIDAY MORNING. Feby. Uth, 1777. The Committee met. Present — Col. Van Cortlandt, Vice-President. Mr. Dunseomb, Genl. Scott, Mr. Roosevelt, Mr. Harper — New-York. Mr. Gansevoort, Mr. Taylor, Mr. Adgate — Albany. Mr. Harper, Mr. Newkirk — Tryon. Mr. Schenk, Major Landon — Dutchess. Col. Van Cortlandt, Mr. Mills— Westchester. Mr. Tappen — Ulster. Col. Sherwood— Orange. Mr. Webster — Charlotte. Mr. Stephens — Cumberland. Whereas it appears to this Committee of Safety, by the solemn affirmation of Joseph Hunt, one of the people called Quakers, who at the peril of his life, has done signal service to the American cause ; that the troops under Ge- neral Sullivan's command, on their removal from West- chester county, took from him thirty sheep ; and also two horses were impressed from him for the removal of Colo- nel Sergeant's regiment ; and that by the valuation made by the said Joseph Hunt, the price of the said sheep is fixed at eighteen pounds, and that of the said horses at twenty- seven pounds, which this Committee of Safety conceive to be a reasonable valuation. Resolved, therefore, That it is the opinion of this Com- mittee of Safety that the Commissary-General of the Con- tinental army, ought to pay the said Joseph Hunt for the said sheep at the aforesaid valuation ; and that the Quar- ter-Master-General of the said army ought to pay him for the said horses according to the above valuation. Ordered, That Major Tappen be added to the commit- tee appointed to establish an armoury at this place. The armoury committee reported " That they have hired and fitted up a shop in this place ; that they have purchased tools and materials, and employed sundry work- men ; among others one James Kip, whom your committee have appointed to superintend the said works until a cer- tain William Allen shall arrive, for whom they have wrote for the purpose of superintending the said works ; that the said James Kip is gone to the State of New- Jersey for his tools and materials, and cannot possibly return for some days ; wherefore the committee do recommend James Cooper of this place, blacksmith, to superintend the said works until the arrival of the said James Kip or William Allen, or either of them, to the charge of the said works ; that the said committee have been at considerable expense in establishing the said works and purchasing materials, and therefore request an order on the treasury for one hundred pounds, for which they will be accountable." The same being read, was agreed to and confirmed. Ordered, That the Treasurer of this State advance to William Harper, Esqr. the sum of one hundred pounds for the use of the committee appointed to establish an armoury at or near this place, and lake his receipt to be accountable for the expenditure of the same. The clothing committee being directed to nominate a person to take charge of the clothing store of this State, recommend Mr. John Henry as qualified for that purpose. Therefore, Resolved, That the said John Henry be, and he is here- by appointed chief director, or commissary of the clothing store of this State, and that he be allowed a salary of ten shillings per day. Resolved, also, That Cornelius Cregier, who has been employed as an assistant in the said store from its com- mencement to this time, and has exerted himself with fide- lity and assiduity therein, be continued as such, with the pay of eight shillings per day. The Committee of Safety then adjourned until 4 o'clock this afternoon. Die Veneris, 4 ho. P. M. February 14th, 1777. The Committee of Safety met pursuant to adjournment. Preesent — Pierre Van Cortlandt, Vice-President. General Lott, Mr. Dunseomb — New-York. Major Lawrence — Queens. Mr. Wra. Harper, Mr. Newkerk — Tryon. Mr. Adgate, Mr. Taylor, Mr. Gansevoort — Jllbany. Mr. Mills, Col. Van Cortlandt— Westchester. Mr. Landon — Dutchess. Major Tappen, Major Parks — Ulster. Col. Sherwood, Mr. Wisner — Orange. Major Webster — Charlotte. Mr. Stevens — Cumberland. The committee to whom was referred a letter from the committee of Bedford, dated the 7th day of February, brought in their report, which was read ; being read a se- sond time, a motion was made by Mr. Webster, and se- conded, that the said report, with the papers attending the same, lie upon the table for the further consideration of the members. Debates arose thereon, and it was carried in the negative, in the manner following, to wit : For the negative. Mr. Adgate, Mr. Taylor, Mr. Wm. Harper, Mr. Newkerk, Mr. Dunseomb, Col. Sherwood, Mr. Mills. Adjourned. For the affirmative. General Scott, Major Webster, Mr. Gansevoort, Mr. Stevens, Mr. Tappen, Mr. Landon. KINGSTON, February, l$th, 1777. The Committee of Safety met pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. Mr. Phil. Livingston, Mr. Van Z&nAt— New- York. Mr. Tappen— Ulster. Mr. Gansevoort, Mr. Tayler— Jllbany. Mr. Newkerk — Tryon. No other members appeared. 808 JOURNAL OF THE COMMITTEE OF SAFETY. A letter from General G. Clinton, dated at New-Windsor, on the 14th instant, informing the Committee that pursuant to the resolve of the Convention, he has raised 500 men, in the counties of Orange and Ulster, but as a great part of the militia of Dutchess and Westchester are lately re- turned home, he is of opinion that the five hundred men apportioned to these counties cannot be raised as volunteers, and recommending that the commandants of the militia in each county, should have their proportion, was read. The Committee of Safety then adjourned until ten o'clock to-morrow morning. SATURDAY, 10 ho. a. m. February 20th, 1777. The Committee of Safety met pursuant to adjournment. Present— Pierre Van Cortlandt, Vice-President. Mr. Van Zandt, Mr. P. Livingston — New-York. Mr. Morris — Westchester. Mr. Gansevoort, Mr. Taylor, Mr. Adgate — Albany. Major Webster — Charlotte. Mr. Tappen, Major Parks, Genl. Clinton— Ulster. Mr. R. R. Livingston — Dutchess. A letter from General Schuyler, dated the 15th instant, communicating his arrangements for the reinforcing and defending Ticonderoga, and mentioning that he has been addressed by the Oneidas in favour of Joseph Brandt, was read. A copy of a letter from Colonel Wayne to General Schuyler, dated at Ticonderoga the 13th instant, and therein stating the movements and distribution of the ene- my's forces in Canada and Lake Champlain, was read. The Committee then adjourned till 4 o'clock this after- noon. 4 o'clock, P. M. February 20th, 1777. The Committee of Safety met pursuant to adjourn- ment. Present — Pierre Van Cortlandt, Esqr. Vice-President. Mr. Van Zandt — New-York. Mr. Adgate, Mr. Taylor, Mr. Gansevoort — Albany. Mr. Harper — Tryon. Major Tappen, Major Parks, General Clinton — Ulster. Major Webster — Charlotte. Mr. Stevens — Cumberland. A letter from Major-General Schuyler, dated the 15th instant, received this morning, was again read. A copy of Col. Wayne's letter to Major-General Schuy- ler, dated at Ticonderoga the 13th instant, was also again read. Ordered to lie on the table for the consideration of the Convention. A letter from William Duer, Esqr. chairman of the committee of Convention in Westchester county, dated at Cornwalls on the 17th instant, was read, and follows in these words, to wit : " Cornwalls, February 17, 1777. " Sirs — I am directed by the committee of Convention now in this county, to transmit to you sundry copies of let- ters which have passed betwixt them, General Heath and General Wooster ; from which you will see how immedi- ate a necessity there is for sending a proper force into the lower parts of this county, under the command of an ac- tive and vigilant officer; unless it is the intention of the State to abandon this quarter to the enemy, and to sacri- fice those who have stood firm in their country's cause in the worst of times. " After General Heath's precipitate retreat from King's Bridge, General Washington gave him orders to send off the main body of his army into the Jerseys, excepting what force was necessary for covering the foraging parties, and directing him to consult with Mr. Duer, one of our members, and other persons acquainted with the country, concerning the number of men which would be necessary for that purpose, and the disposition to be made of them. On this subject the letters marked No. 1 and 8 passed be- tween this committee and General Heath and Genl. Woos- ter, by which you will observe, that notwithstanding Gene- ral Heath's assurances and their recommendations, the whole force left in the lower parts of this county (since the dismission of the militia from Rhinebeck, who accord- ing to our promise, have been dismissed at the expiration of a month's service) will not exceed, in the course of this week, 900 men; Colonel Humphreys not having 150 men with him, and Captain Delavan's company, at present, not exceeding 70 men ; out of this force a guard is to be left at the Saw Pits and another at the magazine at Wright's mill, exclusive of necessary guards, &c. ; so that your Honourable Body will easily see that we have by no means a force sufficient for executing the two purposes re- commended in our letter to General Heath, No. , much less to cut off the communication with the enemy betwixt Ward's and the North river. You will observe by a letter from Mr. M. Leavenworth, Adjutant-General to General Wooster, to Col. Humphreys, that the original intention of General Wooster was, to persist in the old mode of re- treating. This order Colonel Humphreys communicated to us, in consequence of which the committee waited on General Wooster and fixed on the disposition mentioned in his letter to us, Feby. 15. " It does not correspond with our ideas, yet it is the ut- most we could obtain, and might answer on the whole tole- rably weil, provided we could supply the chasm betwixt Ward's house and the North river, which is left open by the removal of General Lincoln's division. We have di- rected a company of rangers, under the command of Cap- tain Delavan, an active officer, to scout in the interval last mentioned ; and have ordered another company to be rais- ed under the command of Samuel Townsend ; he is an officer who has distinguished himself as a partisan, but we are afraid will not be able to fill his company so as to do timely service. " We have therefore earnestly to request that the Ho- nourable Convention will be pleased to devise ways and means of sending a body of six or seven hundred men, under the command of an active officer, into this county. It is of the utmost consequence that a reinforcement should be immediately sent; without it, we shall not be long able to maintain our post here, but be obliged to re- treat, abandoning to the enemy a vast quantity of forage, cattle and grain ; and leaving our friends, who have taken the oath of allegiance to the State, a sacrifice to a cruel enemy, unless they fly with us, and leave their whole be- hind them. "Th ese, sir, are considerations which surely deserve the attention of the Legislature. To these arguments, another may be added, which as much concerns the inte- rests of the State, as the other considerations affect its honour and dignity ; and that is, the preservation of the effects of persons who have fled to or joined the enemy you may be assured cannot be effected but by means of the York forces; should we employ the forces of Connec- ticut in this service, we have too much reason to think that individuals, and not of this Stale, would receive the benefit of these fortunes, exclusively of the wide field which would be left open to them of plundering our friends under the mask of the authority of this committee. Could some of the Continental troops, now at Fishkill, be sent into the lower parts of this county, five hundred of them will do more service than eight hundred militia, were it only for the difference in officers ; for none but those who have seen, can tell what miserable animals they in general are. " As Colonel Humphries has been much disappointed in the number of men he expected, we have requested him to JOURNAL OF THE COMMITTEE OF SAFETY. 809 proceed immediately to Dutchess county, and to exert him- self in sending down what force he can possibly collect. He will leave his regiment under the command of Colonel Van Rensselaer, and the Committee will request Major Fisk to stay here, as he is an officer whose abilities and alertness renders him extremely useful. " We shall likewise endeavour, if possible, to get Colo- nel Thomas to collect some volunteers from his militia ; but this, even if obtained, will be but a small and short lived reinforcement. At all events, some means must be adopted for enabling us to extend our posts to the North river, as the enemy have got information of our present weakness. " On Wednesday night last, a party of rangers, with two regular officers, penetrated as far as iN'orwalk, a place about thirteen miles from Peekskill, from which many have joined the enemy, and which is infected with lories of the most abandoned species. We are apprehensive that some design is forming amongst them to destroy our magazine of forage at Wright's mills, for which reason we applied to General Wooster to strengthen the guard, and have also recommended it to Genl. McDougall to keep a company, under the command of a good partisan officer, in that quar- ter. Through this district an open communication has been for some time kept up between the enemy and the disaffected in Dutchess county. We have, likewise, on the application of Mr. Duer, gave it as our opinion, that he should take, for the use of the post at Peekskill, which is greatly distressed, all the hay, wheat and forage which was necessary for the same. Without this step the post at that place can never be maintained with forage, unless we appropriate all the teams we have here in order to sup- ply it, the consequences of which would inevitably be, that no magazines of forage could be laid up in the spring. In bringing forage from Dutchess county, the cartage is so high and the roads so bad, that by the time the teams ar- rive at Peekskill, one-half of the hay they bring is wasted or consumed. Another consideration has induced us to give him this oipnion ; that is, we are confident the demand for forage in the spring will be so great as would probably oblige us to impress from our friends in Dutchess county. We, therefore, thought it best to endeavour to obviate it by impressing it from our inveterate enemies, in a quarter of the county which will probably be the seat of war, and is most exposed to the depredations of the enemy. " The members of committee now in this county, exer- cise authority in consequence of the Convention of the 19th December ; but as many of the members, in consequence of a call of the House, are absent, a quorum is not left, and consequently we are reduced either to the necessity of remaining inactive, or of doing matters for which we are not, strictly speaking, authorized. The political situation of this county is such, that we have thought best to do the latter, choosing rather to submit our conduct to your judg- ment than to forbear exerting ourselves in measures which we deem essential to the public safety. " As Mr. Hobart leaves to day, Mr. Duer and Mr. Tom- kins will be the only members left. We have, therefore, to request that your Honourable Body will immediately vest the power of foraging, and that of securing the personal estates of persons in this county, who have fled to or joined the enemy, in commissioners. Should you approve of this mode, we would, with submission, recommend for that purpose John Thomas, Jnr. chairman of this county, Col. Saml. Drake, Mr. Stephen Ward, William Millar, Na- thaniel Hyall, Junr. and Israel Honeywell. " We have just received intelligence that three of the enemy's armed vessels have come up as far as Tarry Town, where they have dropt anchor ; they are either sent up to make a feint on the right, whilst an attempt is made to surprise our advanced post at Ward's, or they are come up in order to carry down stock and grain. " We shall exert ourselves to defeat either of those pur- poses ; yet, of the number of men we have, little can be 203 effected. For intelligence we must refer you to Mr. Ho- bart. " Am, sir, with great respect, " Your obt. humb. servant, " By order, "W. DUER. " To the Hon. the President of the Convention of the State of New-York." No 1. A copy of the letter of the said committee to Ge- neral Heath, requesting a guard of 1,200 men, to forage, dated 6th instant. 2. A copy of a letter from General Heath, respecting the disposition of the troops in Westchester county, dated 7th February. 3. General Heath's letter respecting the number of troops necessary to forage, dated 9th inst. 4. A copy of a letter from Genl. Heath, respecting the number of troops necessary to forage with, dated 10th in- stant. 5. A copy of General Heath's letter, dated 11th Febru- ary, that General Wooster would advise with the Commit- tee on the disposition of troops. 6. Copy of a letter from Major Levenworth, by order of General Wooster, to Colonel Humphrey, in substance, that he need not send out any parties to forage without his directions. 7. A letter from the committee in Westchester to Col. Humphrey and Major Fisk, dated the 14th February. A letter from the Committee to Major-General Wooster, dated the 13th inst. relative to the disposition of the troops in Westchester county ; and a copy of the answer of Colo- nel Corns. Humphreys and Major Fish, to the letter of the Committee of the 14th inst. 8. A letter of General Wooster to the Committee, of the disposition of the troops, dated the 5th inst. A letter from William Duer, Esqr. to Pierre Van Cort landt, Mr. Duane, Mr. Morris, &c. relative to the state ot foraging, &c. in Westchester county, was also read. Ordered, That all the said letters and papers be referred to Mr. Tayler, Mr. Livingston and Mr. Morris to report thereon. The Committee then adjourned until to-morrow morning. FRIDAY MORNING, February 2lst, 1777. The Commitee met pursuant to adjournment. Present — Cornelius Cortlandt, Vice-Prest. Major Van Zandt, Captain Rutgers, Mr. Dunscomb, Mr. P. Living- ston — New-York. Mr. Adgate, Mr. Gansevocrt, Mr. Tayler — Albany. Mr. Tappen, Genl. Clinton— Ulster. Mr. Harper, Mr. Newkerk — Tryon. Mr. Webster— Charlotte. Col. Cortlandt, Mr. Morris — Westchester. Mr. R. R. Livingston — Dutchess. Mr. Stephens — Cumberland. Captain Van Bueren attending, produced a letter directed to him, and signed by Morgan Lewis, deputy quartermas- ter-general, and dated at Albany, 18th inst. directing Mr. Van Bueren to proceed to Poughkeepsie and engage the ship- wrights who were employed in building the ships there, to come up to Albany with the utmost despatch, for the purpose of building five vessels on Lake George. As those carpenters are now employed by order of the Committee of Safety of this State, in cutting and procuring timber for a 74 gun ship, Captain Van Bueren requests the aid of the Convention in the premises. Resolved, That the application of Capt. Van Bueren be committed to Captain Rutgers, Mr. Paulding and Mr. Gan- sevoort. The Committee then adjourned till 4 o'oclock this after- noon. 810 JOURNAL OF THE COMMITTEE OF SAFETY. 4 o'clock P. M. Friday, Feby. 21, 1777. The Committee met pursuant to adjournment. Present — Pierre Van Cortlandt, Esq. Vice-Prest. Mr. Phil. Livingston, Major Van Zandt, Mr. Dunscomb, Captain Rutgers —New-York. Mr. Wm. Harper, Mr. Newkirk — Tryon. Majr. Webster— Charlotte. Major Laurence — Queens. Mr. Adgate, Mr. Gansevoort, Mr.Tayler — ilbany. Genl. Clinton, Major Tappen— Ulster. Mr. R. R. Livingston— Dutchess. Mr. Stevens— Cumberland. A letter from General George Clinton, dated at New- Windsor, February 14th, and an inventory of sundry ef- fects taken from disaffected persons, handed in by Major Taylor, assistant quarter-master-general, were read and committed to Major Lawrence and Major Tappen. The committee to whom was referred the application of Captain Van Bueren, relative to the shipwrights, delivered their report which was amended, and agreed to the two following resolutions : 1st. Resolved, That Captain Leonard Van Bueren be permitted lo engage any of the master builders, foremen and shipwrights now in the employ of the Convention of this State, leaving one master builder and as many ship- wrights as may be necessary to complete the Continental frigates, Congress and Montgomerie to go up lo the north- ward agreeable to his directions from Colo. Morgan Lewis, deputy quarter-master-general. 2nd. Resolved, That Messrs. Burling, Season and Mil- ler be informed that it is with the approbation of this Com- mittee that they and the shipwrights should engage with Colonel Morgan Lewis, deputy quarter-master-general or his agent, to go to the northward, for the purpose of build- ing vessels intended to be built on Lake George ; and that this Committee doubt not that the Convention or future Legislature of this State, will devise means for em- ploying them till the above work is completed. Brigadier-General George Clinton, informed the Com- mittee that a large sum of money is due for iron purchased for carrying on the obstructions in Hudson river near Pol- lepel's island, and that Captain Bedlow the paymaster there, has nearly expended the cash formerly advanced to him for that purpose. Thereupon, Resolved, That £2,000 be advanced to Captain Bed- low, to enable him to pay for materials and defray the wages of the workmen employed in obstructing the navi- gation of Hudson's river at Pollepel's island. And Ordered, That the Vice-Treasurer deliver that sum to Brigadier-General George Clinton, to be by him conveyed and delivered to Captain Bedlow. The memorial of Stephen Hogeboom, dated the 3rd instant, on behalf of himself and others, owners of the sloop Middlesex, therein said to be lost in the Continental service, was read. The affidavit of Joseph Miller relative to the loss of the said sloop, sworn to before Richard Esselstyal, Esqr. was also read. Ordered, That the said memorial and affidavit be re- turned to Stephen Hoogeboom, and that he be informed that he ought to apply to the Quarter-Master-General of the army of the United Stales, on the subject of the said memorial. The committee to whom was referred the letters and papers therewith enclosed, from thecommitlee of the Con- vention in Westchester county, reported a set of resolu- tions which was read, and being again read by paragraphs, was postponed till to-morrow. The Committee then adjourned till to-morrow morning. SATURDAY MORNING, Feby. 22nd, 1777. The Committee met pursuant to adjourment. Present— Col. Pierre Van Cortlandt, Vice-President. Capt. Rutgers, Major Van Zandt, Mr. Dunscomb— New- York. Mr. Harper, Mr. Newkirk— Tryon. Mr. Tayler, Mr. Gansevoort, Mr. Adgate — Albany. Mr. R. R. Livingston — Dutchess. Major Lawrence — Queens. Mr. Morris— Westchester. Mr. Tappen — Ulster. Major Webster— Charlotte. Mr. Stevens— Cumberland. Ordered, That Mr. Morris be added to the committee appointed to prepare a resolution directing a day of fasting and prayer within this State. Resolved, That the Revd. Mr. Samuel Provost be ap- pointed chaplain to the Convention of this State, and that he be requested to attend to perform prayers every morn- ing and divine service every Sunday before the Convention or Committee of Safety at this place. Ordered, That the committee appointed to prepare a re- solution for a day of fasting and prayer, be directed to wait on Mr. Provost with a copy of the aforegoing resolve. Messrs. John Beekman and William Thome, a commit- tee fiom the general committee of the county of Albany, attending, were admitted, and produced an extract of the proceedings of the said committee, directing them to repair to the Convention and make application for a salutary re- solve to prevent the depreciation of the paper currency. The said gentlemen were informed that a report has been on the table for some time, waiting for a Convention, but that this Committee will immediately proceed to the con- sideration of the same. A letter from John Barclay, Esqr. chairman of the com- mittee of the city and county of Albany, dated the 13th February instant, was read. Ordered, That the said letter lie on the table for the inspection of the members, and that it be taken up and considered with the report respecting the rangers of this State. A letter from Robert Boyd, Esqr. chairman of the com- mittee of the county of Ulster, dated New-Paltz, 8th Janv. 1777, enclosing a copy of the proclamation of Lord Howe, of the 30th November, was read. Ordered, That the said letter and proclamation be en- closed in a blank paper to the commissioners appointed by the Convention of this State for inquiring into, detecting and defeating conspiracies. A letter from Ezekiel Chever, dated Fishkill, Feby. 19th, was read. Ordered, That Mr. Morris prepare a draft of a letter in answer. A draft of a letter to Mr. Chevers, in answer to his, was accordingly reported, read and agreed to, and is as follows : " Kingston, Febry. 22nd, 1777. " Sir — We have received your letter of the 19th instant, in answer to which, we would inform you that the Conven- tion are too deeply engaged in the business committed to them by their constituents, to interfere unnecessarily in that which is out of their department ; wherefore they doubt not you will exert yourself on the occasion, as that matter referred to them seems lo be rather in your depart- ment than theirs. They would, however, inform you that an armoury is established at Fishkill, at which all our arti- ficers are collected, and who will be ready to assist you as far as lies in their power. " The musket ball belonging to this State would be but JOURNAL OF THE COMMITTEE OF SAFETY. 811 a very scanty supply to the Continental army, and is abso- lutely necessary for the State. As the Convention are of opinion that there is no great difficulty in casting leaden bullets, and are informed by you that you have lead enough for the purpose, they earnestly recommend it to you to employ some persons in that business, not doubting but that by that means a proper supply may be obtained. " We are, &c. " Ezekiel Chevers, Esqr. Commander of Artillery, or in his absence, to Mr. Rud- dock." Ordered, That a copy thereof be engrossed, and signed by the Vice-President, and transmitted. The committee to whom was referred the letters receiv- ed from the secret committee in the county of Westchester, reported the following resolutions and letter : Whereas the business now before the Convention ren- ders the presence of their members absolutely necessary : And whereas the purposes for which a committee was appointed and directed to repair to the county of Westches- ter, are not yet fully answered, whereby it becomes neces- sary to appoint commissioners to take upon them the direc- tion of such operations as it may be expedient to carry on in the county of Westchester : Therefore, Resolved, That John Thomas, Junr. Esquire, Col. Samuel Drake, Stephen Ward, William Millar, Nathanl. Hyatt, Junr. and Israel Honeywell, Esquires, be appointed commissioners to superintend the removal of grain, forage, cattle, and whatever else may be of use to our army, or may be exposed to the depredations of the enemy ; that any two of the said commissioners, with their chairman, be a quorum, and empowered to make such representation to the officer commanding at Peekskill, as will, in their opinion, tend most to the security of the inhabitants of the county of Westchester, and to assist such of them as may be inclined to remove their families into the more interior part of the country. And whereas a number of the subjects of this State, inhabitants of the county of Westchester, have gone over to the enemy : Resolved, That the above commissioners be empowered to seize upon the personal property of such of the late in- habitants of the county of Westchester as have gone over to the enemy, and to dispose of the same at public sale or vendue, having first given due notice thereof ; and to retain the money arising from such sale till the further order of this Convention, or future Legislature of this State, after having paid thereout the necessary expense of such sei- zure. Resolved, That the said commissioners shall be allowed one dollar a day while actually employed in this service. Resolved, That the said commissioners confer with the Committee of Convention now in Westchester, about the most effectual means to carry the preceding resolutions into execution. Resolved, That the said commissioners do not destroy any forage, unless where there is an absolute impractica- bility of bringing it off, and the prospect of its being useful to the enemy. Which report and letter being read and accepted, was ordered to be copied and transmitted. Adjourned to Monday morning. MONDAY MORNING, Feby. 24, 1777. The Committee of Safety met pursuant to adjournment. Present— Brigr. Genl. Abm. Ten Broeck, Prest. Capt. Rutgers, Major Van Zandt, Mr. Beekman, Mr. Dunscomb — For New-York. Mr. Webster— For Charlotte. Genl. Ten Broeck, Mr. Cuyler, Mr. Adgate, Mr. Ten Broeck— For Albany. Col. Van Cortlandt— For Westchester. Major Tappen— For Ulster. Mr. Harper— For Try on. Mr. Stevens — For Cumberland. Major Webster has leave of absence for a fortnight from the time of his departure. The committee to whom was referred the letter from General George Clinton, and the list of sundry articles taken by the militia of his brigade, delivered in by Major Taylor, reported on the same, in the words following : " That as 500 of the men ordered to be raised by the Convention on the day of January, 1777, out of the militia of the counties of Dutchess and Westchester, as a part of one thousand men, to be commanded by General Geo. Clinton, were prevented from being embodied by a subsequent order for marching the militia of those counties on an expedition in Westchester county ; and that although the said militia are now discharged, yet the time limited for service under General George Clinton, will so soon ex- pire, that your committee are of opinion it will not tend to the public good to attempt raising any more men than the companies already raised in the county of Westchester. " As to the articles mentioned in the said list to have been taken by General Clinton's militia, your committee are of opinion that they should be disposed of in the fol- lowing manner, to wit : The medicines, marked 'Army' in the said list, that is to say, the oil of juniper, spirits vo- latile, salt of tartar, and hogshead of herbs, should be or- dered to this place, to the care of the Secretaries ; and that they be appraised, in order that the same may be disposed of by the Convention to the troops of this State, as occa- sion may require. Those articles not marked in the said list, your committee are of opinion that General Clinton should be requested to have them sold at public auction, (except the back-gammon table, which the General is re- quested to order to be destroyed,) and except the iron chest, hereafter mentioned ; and that the moneys arising from such sales be paid into the hands of the Vice-Treasurer of this State ; that the iron chest left in charge of Col. Hay, Genl. Clinton should be requested to send to this place, to be disposed of by Convention. " The steel, your committee are of opinion should be ap- praised and sent to the armoury at the Fishkill ; that the 20 old tory guns should be also appraised and sent to the armoury at Fishkill, to be repaired. "That theother articles marked 'Continental stores,' your committee are of opinion they belong to the Continent, and that this Convention ought not to dispose of them. " The hogshead of tea mentioned in the said list, your committee are of opinion that it should be lodged with the Secretaries, to be disposed of by the direction of Conven- tion, for the use of the sick troops of this State. The other tea disposed of by Cols. Allison and Hawthorn, your committee are of opinion that they ought to account for to this Convention, and pay the amount thereof to the Vice- Treasurer of this State. " That the wheat, rye, two cows and six horses, your committee are of opinion ought to be sold to the Commis- sary-General of the Continental army, or his agents ; and that such of them as the Commissary shall not want, be sold at public auction, and that the moneys arising from such sale be deposited in the treasury of this State. " The fifteen horses taken with Zabriskie, Duremus and Ryder, your committee are of opinion, that if the said per- sons shall be found guilty before the commissioners for de- tecting conspiracies, by whom they are to be tried, that in that case the said commissioners be directed to dispose of the said horses to the Quarter-Master-General, or his agents; and that such of them as the said Quarter-Master-General, or his agents, shall not want, be sold at public vendue, and that the moneys arising from such sale, be deposited in the treasury of this State." Resolved, That this Committee of Safety do agree with their committee in their said report ; and that Genera} George Clinton and the commissioners for detecting and 812 JOURNAL OF THE COMMITTEE OF SAFETY. defeating all conspiracies, &c. be furnished with copies, and requested to cause the same to be carried into execu- tion. Ordered, That Mr. Ten Broeck be added to the com- mittee for auditing accounts. Mr. William Miller, of Westchester county, attending, produced sundry accounts for service of the militia of said county, for sundry disbursements in supporting some of the indigent inhabitants of New-York. Ordered, That the said account be referred to the com- mittee of accounts. Capt. Andrew Bevier attending, informed the Commit- tee that he has apprehended two suspected men at Roches- ter, with two horses, and that by order of the committee of Rochester, he has brought them, with their horses, to this place, and waits the order of this Committee in the pre- mises. Ordered, That Mr. Cuyler and Mr. Harper be a com- mittee to examine and inquire into this matter, and report to-morrow morning. Adjourned till to-morrow morning, 10 o'clock. TUESDAY MORNING, Feb. 25, 1777. The Committee of Safety met pursuant to adjourment. Present — Brig. Genl. Abm. Ten Broeck, Prest. Mr. Phil. Livingston, Major Van Zandt, Mr. Beekman, Mr. Duns- comb, Capt. Rutgers — For New-York. Mr. Webster— For Charlotte. Mr. Harper, Mr. Newkirk— Try on. Mr. Cuyler, Genl. Ten Broeck, Mr. Adgate, Mr. Gansevoort, Mr. Taylor— For Albany. Mr. Stevens — For Cumberland. Mr. Parks, Mr. Tappen— Ulster. Mr R. R. Livingston — Dutchess. Col. Van Cortlandt, Mr. Morris — Westchester. A letter from Genl. George Clinton, dated New Wind- sor, the 23d inst. enclosing a copy of a letter from Genl. Washington to him, dated the 19th inst. were read, and committed to Major Parks, Mr. Wm. Harper and Mr. Adgate. The petition of Zebulon Scofield, an invalid matross of the royal regiment of artillery, praying permission to go to New-York to receive his pension, was read, and commit- ted to Mr. Van Zandt and Mr. Beekman. " The committee to whom was referred a certain paper under the hand of Jacob Hornbeck, chairman of the com- mittee of Rochester, as well as two papers, called passes, to James Smith and James Acton, and signed John Gee, report that they have examined the said two passes, and are clearly of opinion that they are both counterfeited. That they have, from the examination of said James Smith and James Acton, the greatest reason to believe that they are both deserters from the army of the United States of America, and in all probability, have stolen the two horses, &c. found with them. Your committee, therefore, are of opinion that the said James Smith and James Acton be detained in the jail of Kingston, and that Capt. Bavier be directed to take the said two horses, saddles and bridles, in his care, and deliver to Jacob Hornbeck, Esqr. at Ro- chester, who is to be directed to keep and maintain the said horses, as well as to advertise and describe the per- sons of James Smith and James Acton, together the horses, saddles and bridles, in Loudon's and the Pennsylvania newspapers, and to take such other method as he may think proper, to advertise the public of the same. Your committee are also of opinion that the said Mr. Hornbeck be directed to detain the aforesaid horses, &c. until the owner or owners thereof prove their property, with pay- ing all the charges that have accrued in apprehending and securing the said men, and keeping the said horses." Resolved, That this Committee of Safety do agree with their committee in their said report ; and Ordered, That a copy of the same be transmitted to Jacob Hornbeck, Esqr. The petition of Malcom Morrison, confined in Kingston jail as a disaffected person, praying to be released from confinement, was read. Ordered, That the commissioners appointed for the purpose of detecting and defeating all conspiracies, &c. be directed to transmit to this Committee or the Convention of this State, so much of the minutes of the proceedings of the committee appointed for the purpose of detecting, &c. all conspiracies, &c. as relates to the case of the said Malcom Morrison. The petition of Wm. Eligh, confined in Kingston jail as a disaffected person, praying to be released from con- finement, was read. Ordered, That the said petition be referred to the com- mittee of Ulster county, and that they be requested to re- port their determination in the premises. A petition of James Robinson and seven others, confin- ed in Kingston jail as disaffected persons, and directed to the Honourable the Deputies of the Province of New- York, in Provincial Congress assembled, was received, and ordered to be returned to the petitioners; and that they be informed of the mistake in the direction. Ordered, That messengers be sent for the following members, with a request that they give their attendance without delay, to wit : all the members of the committee for detecting conspiracies. Mr. James Livingston, Mr. John Schenk, Mr. Gilbert Livingston, Judge Graham, Mr. Landon, Genl. Scott, Mr. Roosevelt, and the Orange county members. Matthew Adgate, Alexr. Webster and Benjamin New- kerk, the committee for auditing accounts, reported on an account of William Millar, deputy chairman of the com- mittee of Westchester county, for maintaining a number of the poor of the city of New-York, therein named ; that there was due thereon to the said William Millar, the sum of £418 13s. G\d. The Committee of Safety agreed with the auditors therein. Ordered, That the Vice-Treasurer pay to the said Wil- liam Miller, the sum of £418 13s. 6id. on his receipt in full, on his account. The said committee of auditors reported on the account of John Thomas, Junr. Esquire, for keeping 23 poor per- sons, and marked No. 2 ; that there be allowed to him the sum of £176 9s. lfd. The Committee of Safety agreed with the auditors therein. Ordered, That the Vice-Treasurer pay to the said John Thomas, Junr. Esquire, or to his order, £176 9s. lfd. on a receipt in full for the said account. The said committee of auditors reported on the accounts of Hendrick Bancker, for keeping seventeen of the poor persons therein said to be removed from New-York, (and marked No. 3 ;) that they are of opinion that there be al- lowed for the said two accounts one hundred and thirty- two pounds fourteen shillings. The Committee of Safety agreed with the auditors therein. Ordered, That the Vice-Treasurer of this State, pay to the said Hendrick Bancker or his order, the sum of one hundered and thirty-two pounds fourteen shillings, on his receipt in full for the said account. The committee of auditors reported on the account of Israel Honeywell for keeping seven poor persons, (and marked No. 4 ;) that they allow for the said account the sum of forty-eight pounds sixteen shillings. The Committee of Safely agreed with the auditors therein. Ordered, That the Vice-Treasurer of this State pay to JOURNAL OF THE COMMITTEE OF SAFETY. 813 the said Israel Honeywell or his order, the sum of forty- eight pounds sixteen shillings, in full for the said account, taking a receipt for the same. The committee of auditors reported on the account of Ezekiel Halsted, for providing for fifty-one poor persons, (and marked No. 5 ;) that they are of opinion that there be allowed thereon, the sum of twenty-one pounds sixteen shillings and four pence. The Committee of Safety agreed with the auditors therein. Ordered, That the Vice-Treasurer of this State, pay to the said Ezekiel Halsted or his order, the sum of twenty- one pounds sixteen shillings and four pence, in full for the said account, taking a receipt for the same. The committee of auditors reported on the account of Jonathan Budd, as allowed by the committee of the county of Westchester and charged on the back of the account, No. 5, that they allow for the same the sum of five pounds. The Committee of Safety agreed with the auditors. Ordered, That the Vice-Treasurer of this State pay to the said Jonathan Budd, or his order, the sum of five pounds, in full for the said account, taking a receipt for the same. The committee of auditors reported on the account of Jeremiah Fowler against Joshua Hetfield and Benjamin Lyon, for work done and materials found in repairing the jail in Westchester county in July, 1776, that they allowed for the same the sum of twenty-one pounds two shillings and six pence. The Committee of Safety agreed with the auditors therein. Ordered, That the Vice-Treasurer of this State pay to the said Jeremiah Fowler, or his order, the said sum of twenty-one pounds two shillings and six pence, on a re- ceipt in full for the said sum, and charge that money to the county of Westchester. The committee of auditors reported on the account of John Drake, for work done and materials found in repair- ing the jail in Westchester county, in August, 1776, that they allowed for the same the sum of three pounds ten shillings and nine pence. The Committee of Safely agreed with the auditors therein. Ordered, That the Vice-Treasurer of this State pay to the said John Drake, or his order, the sum of three pounds ten shillings and nine pence, on a receipt in full for the said account, and that he charge that money to the county of Westchester. Tuesday Afternoon, February 25, 1777, The Committee of Safety met pursuant to adjournment. Present — Brig. Genl. Abm. Ten Broeck, Prtst. Mr. Phil. Livingston, Mr. Beekman, Major Van Zandt, Mr. Z uns- comb, Capt. Rutgers — For New-York. Major Tappen, Major Parks — For Ulster. Major Webster — Charlotte. Genl. Ten Broeck, Mr. Cuyler, Mr. Gansevoort, Mr. Taylor, Mr. Adgate, Col. Van Rensselaer — For Albany. Mr. R. R. Livingston — For Dutchess. Mr. Stevens — Cumberland. Mr. Morris, Col. Van Cortlandt — Westchester. Mr. Harper, Mr. Newkerk — Tryon. Mr. Robt. R. Livingston informed the Committee of Safety that he had been sent for by the committee of this place, who informed him that some time since, four men by the names of Cumins, Crookshanks, Thompson and Den- nis, passed through this place, and that they have reasons to suppose they went to New-York, and that they are since returned. A letter from Col. Levi Paulding to Lieut. Daniel Gra- ham, and the information of James Grigg on the subject, were read. 204 Ordered, That the said information and letter be referred to Mr. R. R. Livingston, Mr. Cuyler and Major Tappan, and that they be vested with full powers to take to their assistance and employ such persons as may be necessary for apprehending the said persons. WEDNESDAY MORNING. February 26th, 1777. The Committee of Safety met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Mr. Phil. Livingston, Mr. Dunscomb, Capt. Rutgers, Maj. Van Zandt— For New-York. Col. Van Cortlandt, Mr. Morris — For Westchester. Genl. Ten Broeck, Mr. Cuyler, Col. Van Rensselaer, Mr. Gansevoort, Mr. Taylor, Mr. Adgate, Mr. Ten Broeck— For Albany. Maj. Tappen, Maj. Parks— For Ulster. Mr. R. R. Livingslon — For Dutchess. Mr. Stevens — For Cumberland. Mr. Harper, Mr. Newkerk — For Tryon. Resolved, That Mr. Taylor and Mr. Cuyler do forth- with repair to Genl. George Clinton, and confer with him upon his force for defending the passes committed to hie care ; that they do then proceed to wait upon Genl. James Clinton, and enquire into the state of the forts and garri- sons in the Highlands ; that they do then repair to Genl. McDougall's quarters, and inform themselves of the num- ber and duty of the forces now in the county of Westches- ter, and suggest to him the propriety of reinforcing those garrisons with as many men as can be spared of those now under his command, with all possible speed ; and af- terwards wait upon his Excellency, General Washington, with the intelligence they may have acquired. Ordered, That Mr. Morris, Mr. Phil. Livingston and Mr. Robert R. Livingston be a committee to draft and report a set of instructions for Mr. Taylor and Mr. Cuyler. Resolved, That the committee appointed to devise ways and means for procuring cannon, be dissolved ; and Resolved, That Robert Boyd, Junr. and Samuel Brew- ster, Esquires, be appointed commissioners to proceed to the Forest of Dean, and inquire into the state of that fur- nace, &c. and report the terms on which the same can be employed by this State ; and whether, in their opinion, it will be proper to take and employ the same in the casting of cannon, shot, &c. and also the name of a proper person to superintend the works. Resolved, That the company of rangers commanded by Capt. Jacob Rutzen De Witt be and they are hereby put under the command and direction of General George Clin- ton, until the further order of the Convention or Committee of Safety of this State. Resolved, That Capt. Isaac Belknap's company of ran- gers be and they hereby are placed under the command of General George Clinton, until the further order of the Con- vention or Committee of Safety of this State ; and Resolved, That the last above resolution do not take ef- fect without the consent of the commissioners appointed by the Convention of this State for detecting and defeating conspiracies, &c. and that a letter be written informing them of these resolutions. Resolved, That every non-commissioned officer or pri- vate in either of the companies of rangers, who shall enlist in any one of the Continental regiments commanded by Colo- nels Van Cortlandt, Gansevoort, Van Schaick, H. B. Li- vingston, or Dubois, shall, upon being sworn, be discharged from such company of rangers, and be permitted to join the regiment in which he has so enlisted. Resolved, That no officer of any of the ranging com- panies within this State, be permitted to recruit any more men. 81 1 JOURNAL OF THE COMMITTEE OF SAFETY, THURSDAY MORNING. February 27th, 1777. The Committee of Safety met pursuant to adjournment. Present — Brig. Genl. Ten Broeck, President. Mr. Phil. Livingston, Mr. Dunscomb, Maj. Van Zandt, Capt. Rut- gers — For New-York. Mr. R. R. Livingston— For Dutchess. Mr. Harper— For Tryon. Genl. Ten Broeck, Mr. Cuyler, Mr. Taylor, Mr. Ten Broeck, Mr. Adgate, Mr. Gansevoort — For Albany. Mr. Morris— For Westchester. Mr. Stevens — For Cumberland. Mr. Hobart— For Suffolk. Mr. Ray, Maj. Parks, Mr. Tappan— For Ulster. Mr. Wisner — For Orange. A letter from General George Clinton, dated New- Windsor, Feby. 25th, enclosing the proceedings and sen- tence of a general court martial on the case of Saml. Knap ; a letter from Jesse Woodhull, president of said court mar- tial, to General Clinton, and a petition of the members of said court, praying that the said Knap, who is sentenced to suffer death, may be pardoned, were respectively read, as follows : " New- Windsor, 2oth February, 1777. " Sir — Agreeable to a resolve of the Committee of Safety of this Stale requesting me to convene a general court martial for the trial of Samuel Knapp of Col. Hau- thorn's regiment, for treason against the Slate, I now trans- mit, enclosed, the proceedings and sentence of the court against the said Knap. You will find by the enclosed petition from the court signed by the president, and a letter from the president signed by order of the court to me, that they wish as well Knap as one Samuel Divine, who by their sentence is also to suffer the pains of death, may be pardoned. They have tried three officers for dis- obedience of orders and neglect of duty, two of whom they have sentenced to be cashiered, one of them to pay a fine of £30, the other a fine of £5, and the third to pay a fine of £5 and to make a proper acknowledgment to his colonel. They have also tried a sergeant and two privates — one, for refusing to march with the militia, to pay a fine of £20 ; the other for disobedience of orders and assaulting his officer, to receive 39 lashes ; the ser- geant, for remissness of duty in suffering a prisoner to escape from his guard, to pay a fine of 40s. and lose his office ; all of whom are to remain confined till their res- pective sentences are executed. " The gentlemen of the court are of opinion, and I per- fectly agree with them, that if the latter sentences are approved and carried into execution, and the two former prisoners pardoned under the gallows, it will answer a bet- ter purpose than if they should be executed. Add to this, I am far from being clear that the evidence, as it is re- ported, (material parts of it being, I am sure, omitted through mistake,) will support the sentences. As the only use in punishment is to bring people to a proper sense of their duty, and as I flatter myself, from the effect even of convening this court only, has already had on the refrac- tory and disobedient, that the end will be fully answered, though these wretches' lives be spared ; nor have I the least doubt but that the Honourable Convention will ex- tend mercy towards the first if it can (in their better judg- ment) be done consistent with the public good ; on any other terms I do not wish it. " I am much at a loss respecting some parts of my duty in this new business, in which I beg the advice and direc- tion of the Convention. i( 1st. Am I to cause the person whom 1 appointed to act as judge-advocate to report the proceedings of the court to the Secretary of war. "2nd. Am I to approve or disapprove the sentences myself, or transmit them to General Washington as Com- mander-in-Chief of the Continental army. " I am, with much esteem, your obt. servt " GEO. CLINTON. " To the Honourable the President of the Convention of the State of New-York." " At a general court martial held at the house of the Widow Cnsts, in Ulster county, on the 11th, 12th and 13lh days of February, 1777. " Present— Col. Woodhull, President. "Col. Snyder, Lieut. Col. Hardenburgh, Lieut. Col. Jansen, Maj. Jansen, Maj. Contine, Maj. Phillips, Capt. Nicholl, Capt. Woodhull Capt. Salsberry, Capt. Vancurer, Capt. Gelaspee, Capt. Little, Capt' Milligan. " Came on the trial of Samuel Knapp of Col. Hathorn's regiment, of Orange county, who being charged before this Court with disobeying the orders of his officers, after being duly warned to march with the militia, neglected and de- serted to the enemy and adhered to them, together with a number of treasonable acts against this State. " Capt. John Sayre deposeth and saith : That on or about the 10th day of December last, he, this deponent, see Samuel Knapp on the road near Florida, in Orange county ; the said Knapp after some discourse asked this deponent whether he had ever seen the King's proclama- tion, this deponent answered, no ; he then replied he wondered at that, for an act of grace was now out and such men as I was ought to know and see it. Among other things he said he was a King's man, and if he fought against him, he wished this deponent well. This depo- nent saith that said Knapp was more in liquor than ever he had seen him, and further saith not. " William Clark deposeth and saith : That on or about the tenth of December last, Samuel Knapp called at my house and told me that he had never seen his way clear to fight for America ; that he had two or three men who promised to assist him for the regulars ; that James Benjamin, Sen. and John Sayre were two of the men, and the said Knapp asked this deponent whether he was a whig or tory ; he, this deponent, said he was neither, and also said that Knapp was much in liquor, and further saith not.' " Amos Bennett deposeth and saith : That about the first of December last, he, this deponent, saw Samuel Knapp at the house of James Williams ; he, said Knapp, after shaking hands with me, said he was glad to see me', for it saved him the trouble of going to my house ; he asked me if I would sign the King's proclamation ? I asked him if he had it ? He said, no. I asked him who he saw have it ? He said it was no privacy, he had seen se- veral of them with Joseph Barton; he, the said Knapp, also said that the King's standard was raised ; that there was sixty days limited for us to come in to receive the benefit of the act of grace and protection ; also he said he pro- posed to go to the regulars and bring up salt, and asked me if I would take some of it ? I answered, I would not, and further saith not. " James Williams deposeth and saith : That on or about the first of December last, Samuel Knapp came to my house and told me that he had seen a proclamation of the King, and that it would entitle us to such privileges as we had in the year 1763, and would have me consider upon it, and that all he wanted was to know the people's minds, and further saith not. " Jacob Vanderhoof, Junr. deposeth and saith : That about the 8th or 10th of December last, Samuel Knapp came to me at Jacob Vanderhoof's barn and appeared to be in liquor ; he asked me whether I would join the act of grace and come to his house that night ? for he said a number of people was to be there to conclude about raising the royal standard ; that if I would join I should not want for money ; and also said he would send for me if I would come. I told him he need not, for I would go if I could. He told me that the militia was to march soon, and advised JOURNAL OF THE COMMITTEE OF SAFETY. 815 me not to march with them, nor tell my father what he had told me, and further saith not. " Samuel Brinson deposeth and saith : That I waited on Samuel Knapp in June last, with the second association of the Convention of this State ; Knap told me he liked it better than the first, and would consider in respect to sign- ing it ; and also said he could not see his way clear in taking up arms against the King ; but if the Indians broke out he would be as ready to take up arms as any body, and declared he was not an enemy to his country ; that at a time when a detachment of the militia was called out, Knapp was greatly opposed to the drafting of men for the service, and was very solicitous in raising a bounty for encouraging men to enlist voluntarily, and further saith not. " Lieut. David Rogers deposeth and saith : That Sa- muel Knapp refused to sign the first general association some time last spring when offered to him by the officers of the company, by reason that he could not see his way clear ; that he did not purpose to fight against the King until he was better satisfied, but if the French and Indians came against the country he would take up arms against them ; and further said that if the regulars came and de- stroyed men, women and children, that he would take up arms and fight against them until he died. When said Knapp was a prisoner at Rammapough I asked him how he came to go away ? He said he was better satisfied ; I asked him how he come to be taken ? He said he was on his way home with a determination to give himself up to the committee ; and said if I had been at his house in lieu of a guard that went to his house after him, he would have given himself up to me, and further saith not. " William Holly deposeth and saith : That he was in conversation with Samuel Knapp, and heard him say that he was determined not to be an enemy to his country ; that he had been in the service of the King in the last war, that the oath which he then took was still binding upon him, but yet said he would sign the association, and that if independence was declared he did not look upon his oath so binding to the King as it was now. I told Knapp I had heard the Indians was to be down on the frontiers in three weeks ; he answered that he did not like that, for if they sent them upon us he would take up arms and go against them, and do as much in behalf of his country as any man, and further saith not. " David Devoe deposeth and saith : That he heard Samuel Knapp say, that he was determined to keep peace among ourselves ; that I knew him to be always ready to assist in raising men for the service of the State, and said he was willing to give five hundred pounds to have peace between England and America, and further saith not. " Lieut. John Brinson deposeth and saith : That at one of their monthly trainings he heard Samuel Knapp speak very disrespectfully of the Congress, and publicly recom- mended the people to apply to Congress to purchase liberty at some rale ; that it was liberty we was fighting for, but was as much in slavery as could be. "John Smith deposeth and saith: That as Samuel Knapp and himself was walking from the house of William Elli- son's to Vessel Smith's, about the eighth or tenth of De- cember last, he, the said Knapp, told me that the militia was to be called in three or four days' time, and desired me not to go, that if I staid he would pay my fine, and further saith not. " This court having taken into consideration the case of Samuel Knapp, and duly examined the proofs and allega- tions of the evidence, do unanimously find him guilty of treason against this State, by a resolve of Convention of the 16th July last, and do adjudge him to suffer the pains and penalties of death. "The within are the proceedings of this court martial, in the case of Samuel Knapp. "JESSE WOODHULL, President. (" Attest,) " John Hathorn, Judge- Adve," " To the Honourable Convention of the State of New-York : " The petition of the members of the general court martial, now silting in Ulster county, composed of General George Clinton's brigade, humbly shevveth : " That your petitioners, in obedience to an order of Brigadier-General George Clinton, hath proceeded to de- termine a number of cases between the States of America and several offenders ; among others, Samuel Knapp of Col. Hathorn's regiment of militia, of Orange county, which, for certain reasons, your Honourable House hath passed a resolve, of January, 1777, for the especial pur- poses of trying the said Knapp by a resolve of the 16th July last, making certain offences treason against this State, and from the examination of a number of witnesses find the said Knapp guilty of treason against this State, and conse- quently the punishment annexed is death. " Your petitioners find among some of the evidence, in- stances of his friendship towards his country, from time to time, and are also informed that when he was apprehended he was on his way home from New- York ; and he now declares it was his intention to return home — that he was better convinced : circumstances that present to us a refor- mation. " Your petitioners beg leave to inform you that the said Knapp has a wife and a number of small children to lament his awful disaster. " Moved, from these considerations, your petitioners take the liberty to inform your Honourable House that they are pleased with the prospect of that tenderness and humane feelings, so fully exhibited by you in the reservation of his life in your hands, although condemned to die by the laws of his country. " We further beg leave to inform your Honourable House that we are abundantly convinced you have nothing more in view, by punishing offenders, than to teach the subjects of this State the great duty they owe to themselves, their posterity and country. " Your petitioners further beg leave to inform your Ho- nourable House that the sentence now passed by your peti- tioners against him, in their opinion, may be a sufficient example, if wisely improved, and yet spare his life. "Your petitioners rest assured that your Honourable House will point out a way that his life may be spared and yet justice satisfied. " And your petitioners, as in duty bound, shall ever pray. " Signed in behalf and by order of this court martial, "By me, " JESSE WOODHULL, President. " Ulster county, 21st Feby. 1777." " Feby. 22d, 1777. " Dear General — " You will see from the proceedings of the general court martial, which are transmitted to you that the court was under a necessity of passing sentence of death upon Sa- muel Knapp, of Col. Hathorn's regiment, in Orange county, and Samuel Devine, of Col. Hasbrouck's regiment in Ul- ster. In the case of the former, Convention did order that, if he was found guilty only by the resolve of Con- vention of the seventeenth of July last, making certain offences committed against the State treason, (which was the case,) he should not be executed without their or- der ; and the case of the latter, I conceive lies only with you. I do now, in behalf and by order of the general court martial, earnestly solicit your Honour, that, in the former case you would use your utmost influence with the Convention, and in the latter grant pardoning grace. Al- though the poor wretches are justly condemned by the laws of their country, I hope your Honour may conceive, that the making a wise improvement of the sentences against them may answer the great end of punishment, which is to bring them and others to a sense of the duty that they owe to themselves, their posterity and country, and spare their lives. I add no more. I am, with great esteem, " Your most obt. and very humble servt. "JESSE WOODHULL." 816 JOURNAL OF THE COMMITTEE OF SAFETY. Ordered, That the said letter (and papers enclosed) be committed to Mr. Morris, Mr. Hobart and Mr. R. R. Li- vingston. A letter from General Wooster, dated Rye Neck, Feby. 17, 1777, enclosing copy of a letter from Capl. Alexr. Grant, directed to General Heath, or the officer commanding the Continental forces in Westchester or Dutchess county, dated King's Bridge, Feb. J 6lh, and sent by a flag of truce requesting permission that his wife, family and effects may come over to him, and an open letter from Capt. Grant to his wife, were respectively read, as follows : "Head-Quakters, I " Rye Neck, Feb. 17, 1777. $ " Gentlemen — With this 1 enclose copy of a letter from Capt. Alexr. Grant, at King's Bridge, sent per flag to Major-General Heath, or officer commanding the Conti- nental troops in Westchester or Dutchess county ; also his letter to Mrs. Grant. I have informed him that I shall re- fer his request 1o the Honourable Convention of the State of New-York for their approbation, as it falls more imme- diately under their cognizance ; have therefore despatched this to you, and beg to know your pleasure in the affair as soon as possible : " On the twenty-second instant a regiment of volunteers from Connecticut will be discharged, when I shall not have more men in this department than about eight hun- dred, eighty-two from Connecticut, and eighty-seven from your State, under the command of Colonel Humphrey, which in my opinion is a number very insufficient for the purpose of protecting or maintaining the allegiance of this county ; and particularly of securing the important article of forage. I must therefore earnestly request that the mi- litia, which I am informed you have ordered to this quar- ter, may be sent on with all possible expedition. " I have the honour to be, gentlemen, " Most respectfully, your obt. humble servt, " DAVD. WOOSTER." Copy of a letter from Capt. Alexr. Grant, to Maj. Ge- neral Heath, &c. " King's Bridge, 16th Feby. 1777. " Sir — Having obtained his Excellency Genl. Howe's permission to send a flag of truce for my family and ef- fects, not doubting of your generosity and humanity, Lieut. Cameron is sent with this, requesting them, not as tories, but as the family of a British officer ; not as captives, but as detained when the Colonies yet acknowledged them- selves subjects of Great Britain. I therefore presume that my attachment to the King, my master, and adherence to the oaths I took when I entered his service, to come over to defend the claims and rights of this country, will not les- sen me in the esteem of honest men, to whom I submit the justice and equity of this request. " Enclosed I have left open a letter for Mrs. Grant, for your perusal. " I am sir, your very humble servant, " ALEXR. GRANT, Capln." Which letters were committed to Mr. Gansevoort, Mr. Wisner and Major Van Zandt. A letter from Ezra L'hommedieu, Esq. dated at Guil- ford, Feby. 18, requesting a proper certificate that he may be enabled to transport a cargo of rum, sugar, &c. to this State, which is lately arrived at Bedford, and enclosing an account of Daniel Collins, for the expenses of removing from Long island to Guilford some powder, small arms, &c. was read and committed to Mr. Ten Broeck, Mr. Harper and Mr. Dunscomb. Ordered, That the Secretaries make out the necessary certificate, and that the same be signed by the President, and transmitted to Mr. L'hommedieu. Ordered, That Major Parks be added to the committee on Scofield's petition. The petition of the ship joiners, employed on board the frigates, relative to provisions, &c. was read, and commit- ted to Capt. Rutgers, Mr. Tappen and Mr. Ray. Mr. Morris, from the committee for that purpose ap- pointed, reported a set of instructions for Mr. Taylor and Mr. Cuyler, who are appointed to repair to the Generals Clinton, McDougall and his Excellency General Washing- ton, which were read and approved, and are as follows : "Gentlemen — You are upon leaving this place to pro- ceed according to the resolution, of which a copy is here- with delivered to you, to the residence of General George Clinton ; you are there to inquire of him particularly the number of men under his command, and to note the several reasons why he hath not been able to obtain the body di- rected by Convention to be raised. You are also to in- quire of him the number which is in his opinion necessary to defend the several posts immediately under his care ; and whether he can upon any emergency throw any and what succours into the forts on Hudson's river. You are to procure of him a plan of the obstructions to be made in the river to the northward of the Highlands, and what works appear necessary to cover them ; also what for- wardness there is in such obstructions, and the time neces- sary to complete the same, and the covering fortifications. " You are afterwards to go and view the forts in the Highlands, under the command of General James Clinton, to take notes of the number and state of the garrisons and stores ; the deficiencies of either or both, and the necessa- ry requisites to a complete state of defence in case the enemy should endeavour to carry them by an attack, both by land and water. You are to make observation and in- quiry as to the surrounding grounds, and in general to ac- quire the most adequate ideas in your power of all mat- ters which relate to the attack or defence of those works ; the means of throwing in reinforcements or supplies and the like. " Having gained the necessary intelligence above re- commended, you will proceed to Genl. McDougall's quar- ters, and give him the information you have obtained ; suggest to him the propriety of putting the posts above mentioned in a respectable state of defence, and inquire into the state of the troops under his command. You will also endeavour to learn the precise situation of all the American forces in the county of Westchester, the suc- cess they have met with in procuring forage, and what probability of procuring still greater supplies there may be by continuing in that occupation ; what number of men is necessary to secure the passes on that side of Hudson's river, in case the enemy should make a sudden incursion, and how many will be requisite for the defence of the county of Westchester against the ravages of the enemy's light troops. You are also to inquire the character of the American troops now there, and how far they may be de- pended on if exigences require. You are to take Genl. McDougall's opinion, whether in any sudden emergency, he could throw in reinforcements to the posts in the High- lands, and in what space of time; and urge him to strengthen them immediately, to the utmost of his power. " You are then to wait upon His Excellency General Washington. You are to communicate to him the intelli- gence received by Henry Livingston, and state the proba- bility that the enemy may endeavour, by a coup de main, to carry the forts in the Highlands. You ate to represent to him the situation of those forts, according to the result of your inquiries. You are to inform him of the utter im- practicability of holding them by militia of this State. You are to point out the absolute necessity of permitting the inhabitants to remain at home, after the vigorous exer- tions made by this State, to the exhausting of almost all her resources, more especially as the supply of the army must in a great measure depend upon her, which has al- ready been rendered in some measure precarious by the number of people who have been drawn from their farms as soldiers, or been disturbed in their employments by the frequent calls of the militia. You are to hint to His Ex- cellency the propriety of appointing some discreet, vigilant and active officer to be the governor of those forts ; and JOURNAL OF THE COMMITTEE OF SAFETY. 817 show the advantages which would result from appointing Genl. George Clinton to this office, and employing Genl James Clinton in service more agreeable to his temper, disposition, &c. You are to inform His Excellency of the impossibility of procuring cannon, within this State or at Salisbury, for the frigates in the river, in any convenient time ; and to show the great advantages we should derive from having them completed, if the enemy should be able, with some of their smaller vessels, to pass through the Highlands. You are to request of him to write for cannon to the southward, and lay before him an estimate of the number and weight of such cannon. You are to suggest to His Excellency the propriety of sending a number of good artillery men to the forts Montgomery and Constitu- tion, and also proper engineers to survey the grounds about those forts, and mark out works to cover the ob- structions to be made to the northward of the High- lands. If, in conversation with the General, you have any decent opportunity, you are to suggest to His Ex- cellency and the officers of his family, the propriety of having a number of light boats built, with light carriages to transport them ; by which means the partisan war may be carried on to great advantage. You are to inquire the number of horse directed to be raised, and state, as well as the occasion may permit, the impracticability of main- taining any great number." Die Jovis, P. M. Feby. 21th, 1777. The Committee met pursuant to adjournment. Present — Genl. Ten Broeck, President. Mr. Phil. Livingston, Mr. Dunscomb, Capt. Rutgers, Major Van Zandt — For New-York. Col. Van Cortlandt — For Westchester. Mr. Wisncr — For Orange. Mr. Stevens — For Cumberland. Genl. Ten Broeck, Mr. Adgate, Mr. Ten Broeck, Mr. Gansevoort, Mr. Taylor, Mr. Cuyler— For Albany. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk — For Tryon. Mr. Hobart— For Suffolk. Major Parks, Mr. Ray— For Ulster. A letter from His Excellency General Washington, dated at Morris Town, Feby. 20th, in answer to ours on the subject of exchanging Capt. Van Dyck and others, was read. The petition of Dirk Gardinier and Matthew Goes, Junr. confined at Hurley as disaffected persons, praying to be permitted to return to their families for a limited time, was read, and the prayer of said petition was rejected. A letter from the committee of Charlotte county, sub- scribed by John Williams, Esq. their chairman, informing that the said committee have ordered the company of ran- gers, raised in that county, to the post of Ticonderoga, on an apprehension lhat the enemy will cross the lakes on the ice, and suggesting the propriety of appointing a pay-mas- ter for the said rangers, was read. Ordered, That the said letter be committed to the six members from the city and county of Albany. A letter from Capt. McCrackan, of Col. Van Schaick's regiment, requesting some more money may be advanced for the bounty of his men, was read. Ordered, That the President write to Colo. Van Schaick, informing him of this application, and that no money can be advanced for this purpose but through the colonel or commanding officer of the regiment. Resolved, That a committee be appointed to examine the minutes of the proceedings of the several Committees of Safety of this State, from the time of the Convention's adjournment from Harlaem, to this day, and report such parts thereof to the Convention of this State as require the confirmation of Convention : Resolved, That Mr. Hobart and Mr. Morris be the com- mittee. Mr. Hobart, on behalf of Genl. Geo. Clinton, informed 205 the House that the General expects soon to begin sinking the obstructions ordered to be made in Hudson's river, and that he stands in need of some small cables for that purpose. Ordered, That Mr. Newkirk and Capt. Rutgers be a committee to provide cables, &c. for General Clinton for the above purpose. The petition of John Winn, late captain of one of the companies of rangers in Tryon county, charged with having killed one of his men, praying lhat he may be restored to the liberty of serving his country was read. Mr. Adgate, from the committee for auditing accounts, requested the sense of the House on an account of Richard Esseltine, wherein he charges 8s. for each spear : Where- upon the sense of the House was declared to be, that the said committee allow no greater price for the making the said spears than is directed by an order of the third of Octo- ber last. An account of Isaac Stonehouse for maintaining the poor removed from places in the possession of the enemy and placed in the precinct of New-Windsor, and certified by Samuel Brewster, chairman of the committee of New- Windsor, was exhibited for payment. Thereto is annexed a certificate of Mat. Adgate and Benjn. Newkirk, Esqrs. two of the committee of Convention, appointed to audit accounts, lhat they had examined the said account and the endorsement of Saml. Brewster, Esq. chairman of the com- mittee of New-Windsor, thereon, and are of opinion that he be allowed for the same, the sum of three hundred and fifty pounds eighteen shillings and nine pence. Resolved, That the Committee of Safety agrees with their auditors in their report. Ordered, That the Vice-Treasurer of this State pay to the said Isaac Stonehouse, on his receipt in full thereon, the sum of three hundred and fifty pounds eighteen shil- lings and ninepence, for his account to the said report an- nexed. FRIDAY MORNING. Febry. 28th, 1777. The Committee of Safety met pursuant to adjournment. Present — Brig. Gen. Ten Broeck, President. Mr. Beekman, Capt. Rutgers, Majr. Van Zandt, Mr. Dunscomb, Mr. Phil. Livingston — For New-York. Mr. Stephens— For Cumberland. Mr. Harper, Mr. Newkirk, Mr. Paris, Mr. Veder — For Tryon. Genl. Ten Broeck, Mr. Adgate — For Albany. Mr. R. R. Livingston — For Dutchess. Col. Van Cortlandt, Mr. Morris— For Westchester. Mr. Hobart— for Suffolk. Mr. Ray, Mr. Tappen — For Ulster. Mr. Wisner — For Orange. Mr. Morris, from the committee appointed for that pur- pose, reporled the draft of a proclamation appointing a day of solemn fasting and prayer throughout this State, which was read, amended and agreed to, and is in the words fol- lowing : "Whereas the war which hath hitherto wasted and de- spoiled our country still rages with unremitting violence, and may, by the just vengeance of Almighty God, be more widely spread abroad among other people and nations ; filled with a due sense of the tender mercies of Him, in whose hands are all the corners of the earth, this Com- mittee do hereby strictly enjoin, proclaim and command, Friday, the twenty-eighth day of March next, to be ob- served throughout this State as a day of solemn fasting and prayer ; and they do most earnestly recommend to the in- habitants of every denomination, to abstain from all labour, amusements and recreations ; to assemble together and humble themselves before their benevolent Creator, implor- ing him to forgive our manifold iniquities, to stay the hand of the destroyer, to establish and confirm those rights and 818 JOURNAL OF THE COMMITTEE OF SAFETY. privileges with which He hath made us free : and in pity to the miseries of mankind, grant the blessings of peace, liberty and security unto us and unto all men." Ordered, That 500 copies of the aforegoing be printed, and sent to the several chairmen of the county committees in this State, who are requested to cause the same to be published in all places of public worship in their respective counties, and that the same be published in the newspapers. The committee appointed to confer with the Reverend Samuel Provoost, reported, that Mr. Provoost, for sundry good reasons offered to the committee, (and by them ver- bally mentioned to the House,) is under the necessity of declining the honour of serving as chaplain to the Con- vention : Thereupon, Resolved, That the reasons assigned by Mr. Provoost are satisfactory to this Committee of Safety. Resolved, That the Revd. Doctor John Rodgers be ap- pointed chaplain to the Convention of this Slate, and that he be requested to attend and perform prayers before the Convention and Committee of Safety, every morning, and divine service every Sabbath. Mr. R. R. Livingston, according to the notice by him given yesterday, moved for a reconsideration of the deter- mination of the House of yesterday afternoon upon the reso- lutions relative to debtors paying money owing to credi- tors out of the State into the treasury, &c. &c. The said motion being agreed to, the said determination of yes- terday was taken into consideration, and after some time spent therein, was postponed till this afternoon. Adjourned till this afternoon 4 o'clock. Friday afternoon, Feb. 28, 1777. The Committee of Safety met pursuant to adjourn- ment. Present — Colo. Van Cortlandt, Vice-President. Mr. Phil. Livingston, Mr. Dunscomb, Major Van Zandt, Mr. Beek- man— For New-York. Mr. Ray— For Ulster. Colo. Van Cortlandt, Mr. Morris — For Westchester. Mr. Adgate, Mr. Gansevoort, Mr. Ten Broeck — For Albany. Mr. Wisner — For Orange. Mr. Harper, Mr. Newkirk, Mr. Paris, Mr. Veeder— For Tryon. Mr. Hobart, Mr. Smith— For Suffolk. Mr. R. R. Livingston — For Dutchess. Mr. Stevens— For Cumberland. The Committee of Safety, according to order, proceeded to the consideration of Mr. R. R. Livingston's motion of this morning for a reconsideration of the determination of the Committee on the resolutions for enabling debtors, (where the creditor is out of the State,) to pay the debt into the treasury, &c. &c. The same was debated, and the question being put thereon, it was carried in the affirm- ative, and resolved to go immediately into the further con- sideration of the said resolutions. The said resolutions being considered and amended, the further consideration thereof was postponed until to-mor- row morning. Ordered, That Mr. John Ten Broeck be added to the committee for apprehending and examining Mr. Cummins and others, in the stead of Mr. Cuyler, who is absent. Adjourned till 10 o'clock to-morrow morning. DIE SABBATI, 10 ho. a. m. March 1, 1777. The Committee of Safety met pursuant to adjourn- ment. Present— Brigr. Genl. Abrm. Ten Broeck, Prest. Capt. Rutgers, Mr. Dunscomb, Mr. Livingston, Mr. Van Zandt, Mr. Duane— New-York. Major Lawrence — Queens. Mr. Stevens— Cumberland. Genl. Ten Broeck, Mr. Jno. Ten Broeck, Mr. Adgate— Albany. Col. Van Cortlandt— Westchester. Mr. Wisner — Orange. Mr. Hobart, Mr. Wm. Smith— Suffolk. Maj. Tappen, Mr. Ray— Ulster. Mr. R. R. Livingston — Dutchess. Mr. Newkerk, Mr. Paris, Mr. Veder, Mr. Wm. Harper— Tryon. The Committee of Safety proceeded to consider the re solutions as amended, for enabling debtors, where the cre- ditor is out of the State, to pay the debt into the treasury of the State, &c. which resolutions were adopted, as fol- lows, to wit : Resolved, That the several towns, precincts, manors and districts, in each county in the State, proceed to the elec- tion of supervisors, assessors and collectors, on the first Tuesday of April next, excepting where, by the particular charters of any township or borough an election shall be directed to be held at an earlier day than that which is above prescribed, or where in any township or borough supervisors, assessors and collectors shall have been already elected by virtue of such charters, under the direction of the chairmen or such other members of the county committees as shall be by the said committees appointed for that pur- pose, and giving due notice thereof by public advertise- ments in at least four of the most public places in their respective districts, six days previous to such elections. Resolved, That the said elections be held in each town, precinct, manor and district, at the usual places and in the manner pointed out by the laws of this State. Resolved, That the said supervisors, assessors and col- lectors continue in office for the term of one year from the time of their being elected as aforesaid, unless sooner dis- charged by the Legislature of this State. Resolved, That all persons indebted to the loan office of this State, whose term of payment is expired, do pay the moneys owing thereto to the several loan offices, who are hereby required to receive and pay the same into the trea- sury of this State ; and in case the proper loan officers are out of this State, or within such parts of it as are possessed by the enemy, that then, and in such case, all persons so indebted as aforesaid, do pay such moneys to the Treasurer or Vice-Treasurer of this State, whose receipt shall be a sufficient acquittance for the same. Resolved, That all persons indebted to this State on ac- count of the loan office, though their term for payment be not expired, may, at their option, pay in the principal and interest to the several loan officers ; or in their absence as aforesaid, to the Treasurer or Vice-Treasurer ; in which case, their mortgages shall be delivered up, or where they cannot be obtained, the Treasurer's receipt shall be a suffi- cient indemnification against the same. Whereas debtors whose creditors formerly resided with- in this State, but who are either removed from the same, or are within such part thereof as is in the power of the enemy, are by such removal prevented from paying their said debts : Therefore, Resolved, That every debtor who shall be indebted to any person so removed as aforesaid from this State, or re- siding in such part thereof as is in the power of the enemy, on making affidavit thereof before the Treasurer or Vice- Treasurer of this State, who is hereby empowered to ad- minister the same, may, in discharge of such debts, or any part thereof, pay to the Treasurer or Vice-Treasurer of this State, such sum or sums of money as he shall think proper ; and the interest on all such moneys so paid, shall from the time of such payment, cease ; and all contracts for the same, as far as they relate to the moneys so paid, be void ; provided always, that such payments shall not affect the costs of suit where an action hath been already commenced, unless the same be paid, together with the debt. Resolved, That the Treasurer or Vice-Treasurer of this State file all affidavits so as aforesaid taken before him, give receipts for and make regular entries of all moneys so JOURNAL OF THE COMMITTEE OF SAFETY. 819 received, and answer all bills and drafts regularly drawn upon him by the proprietors of moneys as above received, where such proprietors shall appear to reside in any place not within the power of the enemy. Resolved, That where the person or persons in whose behalf any money shall be paid to the Treasurer or Vice- Treasurer of this Slate, shall reside at any place in the power of the enemy, no money shall be paid on his or their draft, without the express permission of the Convention, or some person or persons authorized by them or some future Legislature of this Slate to grant the same. Resolved, That the Treasurer or Vice-Treasurer be en- titled to receive from the debtor one-half per cent on all moneys so as above received, in lieu of all other fees, for his trouble in receiving and paying the same. Resolved, That where any money due upon contracts made for sterling money shall be paid to the Treasurer or Vice-Treasurer, every dollar so paid in shall be estimated at four shillings and six pence sterling. Resolved, That the bills of credit heretofore emitted, either by ihe Continental Congress, the late Provincial Congresses of New-York, or the Convention of this State, shall be a legal tender in debts due either to this State or to private persons ; and that any person refusing the same in payment for any just debt, after the same shall have been tendered in the presence of two reputable freehold- ers, shall forfeit one-quarter of such debt to this State ; and the person owing the same, on making oath of such tender and refusal, and of the names of the persons in whose pre- sence such tender and refusal shall have been made before the Treasurer or Vice-Treasurer, (who are authorized to take the same,) shall be permitted to pay the same to the Treasurer or Vice-Treasurer, whose receipt shall be a sufficient discharge for the same, and ail interest thereon shall cease from the time of such payment ; provided al- ways that the above resolution shall not extend 10 any case in which the refusal shall arise from any dispute about the sum due, where the party might be prejudiced by not re- ceiving the full amount of his account, nor shall the for- feiture take place till notice be given to the creditor by the Treasurer or Vice-Treasurer of this State, of the affidavits and the payment in consequence thereof, nor till a reason- able lime be allowed him after the regular formation of the government of this State, to show by bill filed before the Chancellor, that he is not within the spirit of the above re- solution ; to which bill the Treasurer of this State shall be made defendant. Resolved, That the Treasurer or Vice-Treasurer answer the bills or drafts of the person in whose behalf such sum or sums of money shall have been paid for three-quarters of the sum so paid. Resolved, That whenever any debtor, agreeable to the above resolutions, shall have paid to the Treasurer or Vice- Treasurer of this State the full amount of his debt due upon any bond, mortgage or note of hand, upon presenting, in the presence of two credible witnesses, a certificate of such payment, signed by the Treasurer or Vice-Treasurer, to the creditor whose debt is so lodged in the treasury, he shall be entitled to receive of such creditor, within three weeks after he shall have demanded the same, his bond, mortgage or note of hand ; and in case any creditor shall refuse to deliver up such security, that on information filed and conviction thereof in any court of record, the creditor shall forfeit one-half of his said original debt to the use of this State, with costs of suit. Resolved, That the Treasurer or Vice-Treasurer shall answer no draft of any creditor, unless upon due proof made by affidavit of the said creditor, that the securities for the debt paid in have been delivered up to the debtor, where the whole debt has been paid off ; or that proper en- dorsements have been made thereon where only a part has been paid. Whereas many evil-minded and avaricious people have purchased up large quantities of wheat and other grain in order to enhance the price thereof: Resolved, That the chairman of the committee of the district in which the same may happen to be stored, shall, on application from the Quarter-Master or Commissary- General of the Continental army, or their deputies, grant a warrant for seizing the same for the use of the said army, first paying to ihe proprietor a sum not exceeding eight shillings and six pence per bushel for wheat, five shillings and sixpence for rye, eight shillings and six pence for peas, three shillings and six pence for oats, and five shillings for Indian corn ; provided always, that nothing in this resolu- tion contained shall be construed to extend to the limitation of the prices of the articles aforesaid in ihe possession of those husbandmen who have raised the same. Ordered, That the aforegoing resolutions be published in the newspapers, and that the same be printed in hand- bills, and sent to the chairmen of the several countv com- mittees, who are directed to cause them to be distributed among the inhabitants, and put up in all the most public places throughout their respective counties. A letter from Robert Livingston, Esq. dated the 17th inst. directed to the Vice-President, was read. He therein informs that he had, agreeable to the request of the Com- mittee of Safety of the 12th inst. directed the iron neces- sary for the Continental ships to be drawn and forwarded ; and assures the Convention of his readiness to serve the public cause. A letter from Brigr. Genl. Bailey, dated Newbury, the 19th February last, was read. Resolved, That a committee be appointed to state the boundaries of New-York, and ihe titles and principles upon which they are founded. That they have power to search the State records, and to procure other necessary materials; and to employ one or more surveyors, or geographers, to assist them in preparing a plan or chart of this State, and that they have power to send for persons and papers ; and that Mr. Duane, Mr. R. Yates, Mr. R. R. Livingston, Mr. Hobart and Mr. Taylor, be a committee for that purpose. Ordered, That the letter of Brigadier-General Bailey, be committed to the above named committtee. On motion, Resolved, That such gentlemen of the committee of ar- rangement as are or may be present, have power to com- plete the arrangement, and to issue commissions for such officers of the Continental regiments raising in this State, as have been already named. Major-General Schuyler, who has been present during the morning, informed the Committee that he attends to entreat the aid of this House to obtain a number of ship- carpenters ; that the aid formerly given on the application of has proved ineffectual ; that he is willing to allow them 10s. 8d. per day, one and a half rations of provisions, and a half pint of rum ; that without a number of ship carpenters, he cannot complete the vessels ordered to be built at the lakes. Ordered, That Mr. Phil. Livingston and Mr. Wm. Smith, be a committee to confer with the ship carpenters and joiners on the subject of General Schuyler's application. Major-General Schuyler informed the Committee of Safety, that he has directions from His Excellency Gene- ral Washington, to inoculate the army under his command, which he cannot conveniently do, without interfering with the modes prescribed for inoculation, by the resolutions of the Representatives of this State. Resolved, That Maj. Genl. Schuyler be, and is hereby authorized to cause the army under his command, to be inoculated with the small pox, at such times, and in such places and numbers as he may think proper ; any resolu- tions of the Convention or Committee of Safety, or the Re- presentatives of this State to the contrary thereof in any wise notwithstanding. A letter from Robert Livingston, Esquire, to Messrs. R, 820 JOURNAL OF THE COMMITTEE OF SAFETY. R. Livingston and Morris, relative to the casting of cannon, was read. Thereupon, Resolved, That lor the reasons assigned in Mr. Living- ston's letter, it would be improper to employ his furnace in casting cannon, as it is absolutely necessary that his works should be employed as heretofore, in preparing bar iron. Ordered, That Mr. Hobart be added to the mineral committee, appointed to make discoveries of lead and sul- phur mines, and flints, and have assays made therein ; that they be also authorized to have searches made for black lead, and assays made therein. And, Resolved, That the said committee be, and they hereby are, authorized to cause flints be prepared with all possible despatch out of the flint mines discovered in Tryon county, on which assays have been made. A pay roll of the officers, non-commissioned officers and privates, of Capt. Isaac Belknap's company of rangers, amounting to £115 19s. Od. for the pay of the said com- pany from the 8lh day of January to the 6th day of Fe- bruary last, both days included, and sworn to before the present President, was exhibited for payment. Thereon is endorsed a certificate of Benjn. Newkerk and Matthew Adgate, two of the committee of Convention, for auditing accounts, whereby they certify that they have examined the said pay roll, and do allow the sum of £115 19s. Od. Ordered, That the Treasurer of this State pay to the said Isaac Belknap, the said sum of £115 19s. Od. on his receipt in full on the said roll. A subsistence roll of the officers, non-commissioned officers and privates, of Capt. Belknap's company of ran- fers, from the said eight day of January to the 6th day of 'ebruary last, both days inclusive, amounting to £80 19s. 3d. and sworn to by Capt. Belknap, before the present President, was exhibited for payment. Thereon is en- dorsed a certificate of Benjamin Newkerk and Matthew Adgate, two of the said committee for auditing accounts, whereby they certify that they have examined the said roll, and allow thereon the sum of £80 19s. 3d. Ordered, That the Treasurer of this Stale pay to the said Capt. Isaac Belknap, the said sum of £80 19s. 3d. on his receipt in full, on the said roll. An account of Capt. Belknap for £15, for the last moie- ty of the bounty of Walter Wilson, Abraham Garrison and John Rynders, sworn to before Abraham Ten Broeck, Esquire, the President, was exhibited for payment. There- on is endorsed a certificate of Benjamin Newkirk and Ma- thew Adgate, two of the committee for auditing accounts, whereby they certify that they have examined the said ac- count, and do allow the sum of £15, for bounty to the per- sons therein named. Ordered, That the Treasurer of this State pay to the said Capt. Isaac Belknap, the said fifteen pounds, on his receipt in full, on the said account. Die Sabbati, 6 ho. P. M. March 1, 1777. The Committee met pursuant to adjournment. Present — Brigr. Genl. Abraham Ten Broeck, Prest- Mr. Duane, Mr. Dunscomb, Major Van Zandt— New-York. Genl. Ten Broeck, Mr. Adgate— Albany. Mr. Rea, Mr. Tappcn— Ulster. Mr. R- R. Livingston, Mr. Piatt — Dutchess. Major Lawrence — Queens. Mr. Stevens — Cumberland. Col. Van Cortlandt, Mr. Morris— Westchester. Mr. Hobart, Mr. Wm. Smith— Suffolk. Mr. Wisner — Orange. Mr. W. Harper, Mr. Newkerk Mr. Paris, Mr. Veder— Tryon. A letter from Wm. Duer, dated at Cromwell the 25th February, showing the necessity of a reinforcement be- ing sent into that county, to protect the inhabitants for- warding the foraging business, was read. An extract of General Wooster's letter of the 23rd Fe- bruary last, directed to the committee of Convention in Westchester county, setting forth the smallness of his bri- gade, and the necessity of reinforcements from this State, was also read. A copy of a letter from Col. H. Van Rensselaer, dated at East Chester, on the 24th February, and directed to the said committee of Convention, was also read. He therein informs them that General Wooster with his troops had re- treated to Ryeneck. A copy of a letter from the committee of Convention, dated the 24th Feby. to Col. H. Van Rensselaer, was also read. A letter from Israel Honeywell, to the committee of Convention, dated at Phillipsburgh on the 23rd Febry. as- signing reasons for obtaining additional guards, was also read. Ordered, That Col. Van Cortlandt, Capt. Piatt and Mr. Hobart, be a committee to take the said letters and papers, and report thereon. Three several letters from Mr. John Henry, dated at Fishkill on the following days, to wit: on the 20th, 24th and 27th February, together with an inventory of the goods in store, as clothing for the Continental troops, when he took charge of the same, were respectively received and read. The inventory is dated 1 5th February, and is as follows, to wit : 537 frocks. 19 Scotch rugs. 79 frocks which Mr. Curtenius sent to the store. 925 overalls, linen and wollen, and 17 pair ditto unmade. 226 under jackets. 651 linen and flannel shirts. 31 pieces oznaburgs and 20^ yds. ditto. 7 moth eaten coats out of the Continental store. 14 pair breeches, leather and flannel. 2 pair trowsers, &c. 378 pair shoes and 13 pair ditto Scotch, not matched. 584 hats and 22 bonnets. 187 knapsacks. 6 reams cartridge paper. 3 blankets, moth eaten, and 2 good ditto. 339 pair mitts. 2 guns, 2 cartridge boxes and two bayonet boxes. The said several letters request that the clothing pro- vided by this State for the Continental troops, and now at Kingston, may be forwarded to Fishkill, and that money may be advanced to him to enable him to proceed in the business, and discharge contracts formerly made for the purchase of clothing, tradesmens' bills, &c. Ordered, That Mr. Newkirk forward all the clothing be- longing to this State to Mr. Henry at Fishkill, with all convenient despatch. And, Ordered, That the Treasurer of this Slate, do transmit by Capt. Isaac Belknap, the sum of two thousand dollars to Mr. John Henry, superintendent of the said clothing store at Fishkill, to enable him to carry on the necessary business of procuring clothing for the troops, that Mr. John Henry be accountable for that sum, and transmit to the Treasurer a receipt for the same. Mr. Duane according to order, reported a draft of a let- ter to Continental Congress, on the subject of the disaf- fected subjects of this State, in the three northeastern coun- ties, which was read, amended and approved, and is as fol- lows : " Sir — The enclosed letters and resolutions were pre- pared some time since ; but for reasons with which you need not be troubled, were delayed. Some late proceed- ings of the disaffected within this State, occasion their now being transmitted. " I am directed to inform you that the Convention are engaged in establishing a firm and permanent system of government. When this important business is accomplish- ed, they will despatch a satisfactory statement of the boun- daries, and the principles on which they are founded, for the information of Congress. In the mean time, they de- JOURNAL OF THE COMMITTEE OF SAFETY. 821 pend upon the justice of your Honourable House in adopt- ing every wise and salutary expedient to suppress the mis- chiefs which must ensue, both to this State and the Gene- ral Confederacy, from the unjust and pernicious project of such of the inhabitants of New-York as, merely from sel- fish and interested motives, have fomented this dangerous insurrection. The Congress may be assured that the spirit of defection, notwithstanding all the arts and violence of the seducers, is by no means general. The county of Gloucester, and a very great part both of Cumberland and Charlotte counties, continue stedfast in their allegiance to this government. Brigadier-Genl. Bayley's letter, (a copy of which is enclosed,) will be a sufficient proof of the tem- per of the people of Gloucester county. Charlotte and Cumberland continue to be represented in Convention ; and from very late information we learn, that out of 80 mem- bers which were expected to have attended the mock con- vention of the deluded subjects of this State, 20 only at- tended. We are informed by good authority, that Col. Warner was directed by the General to send forward his men as he should enlist them, to Ticonderoga ; notwith- standing which it appears, by a return from thence not long since, that only 24 privates had reached that post ; nor is there the least prospect of his raising a number of men which can be an object of public concern ; though, instead of confining himself to the Green Mountains, as we under- stand was the intention of the Honourable Congress, he has had the advantage of recruiting in Albany and other places. The Convention beg to know what pay the Ho- nourable Congress have allowed for the officers and pri- vates of the troops of horse who were employed the last campaign in the service of the United States." Ordered, That a copy thereof be engrossed, and that a copy of the resolutions of this Committee, passed on the 20th January last, and a copy of the letter of that date to the Congress, be copied, and both letters signed by the President, and transmitted by a messenger. And, Ordered, That the President write a letter to the Depu- ties of this State at Congress, and enclose the said letters and resolutions for their perusal, before they are delivered. Mr. Morris moved, and was seconded, that the commit- tee for preparing a plan of government, be directed to sit to-morrow. The question being put thereon, it was carried in the ne- gative. Ordered, That the sequestration bill now before the House, be taken into consideration on Monday next. A letter from Johannes D. Blavelt, lieut. colonel of a re- giment of the militia in Orange Town in Orange county, resigning his commission as lieut. colonel, was read and filed. Resolved, That Lieut. Colonel Blavelt's resignation be accepted ; and that General George Clinton be requested to recommend a proper person to be appointed to that va- cancy. Resolved, That the committee of the town of Kingston do make an inventory of all personal property in the town of Kingston, belonging to any person or persons gone over to the enemy ; and that no part thereof be disposed of or conveyed, until the further order of the Convention or Com- mittee of Safety of this State ; and to enable the said com- mittee to execute the above resolutions, Resolved, That any two or more members of the said committee of Kingston, be and hereby are authorized to convene persons before them, and to administer any oath to any person in whose custody any such personal property is suspected now to be, or to have been. A letter from Pliarue Penet & Co. merchants in Nantes, in the Kingdom of France, dated the 21st day of October, 1776, offering to supply the Committee of this State with cannon, muskets, powder, all kinds of military stores and dry goods, was read and filed. Ordered, That Mr. Morris make an extract of such parts 206 thereof as may be proper to be published in the newspa- pers, that the same may be sent to Samuel Loudon, to be published. DIE LUNiE, a. m. March 3rd, 1777. The Committee of Safety met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Mr. Beekman, Major Van Zandt, Mr. DuDscomb, Mr. Livingston, Capt. Rutgers, Mr. Duane— For New-York. Mr. Piatt— For Dutchess. Major Lockwood, Mr. Mills, Mr. Morris — For Westchester. Genl. Ten Broeck, Mr. Ten Broeck, Mr. Gansevoort, Mr. Adgate, Col. Van Rensselaer — For Albany. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk — For Tryon. Mr. Wisner — Orange. Mr. Smith, Mr. Hobart— For Suffolk. Mr. Tappen, Mr. Ray, Genl. Geo. Clinton, Col. Dewit— For Ulster. Major Lawrence — Queens. Mr. Stevens — Cumberland. The committee to whom was referred the letter and pa- pers from the committee of Convention in Westchester county, reported sundry resolutions, together with a draft of a letter to the said committee, all which were read and approved, and are as follows : Resolved, 1st. That the frequent calls of the militia of this State has greatly distressed the inhabitants, taken the husbandmen from their occupation, prevented them from thrashing and manufacturing their wheat ; whereby the Commissary-General has been unable to obtain a sufficient supply for the magazines, and very much impeded the raising of recruits for the Continental army, and therefore ought not to be repeated, but in cases of the most urgent necessity. Whereas a number of volunteers have been ordered to be raised in the counties of Dutchess and Westchester, under the command of Col. Humphreys and Capt. Gray: Resolved, That a letter be wrote to Col. Humphreys, directing him to inarch all the men he has raised immedi- ately to Westchester county, and take the directions of the commissioners, appointed by a resolve of this Committee to superintend the removal of such grain, forage, cattle, &c. as may be exposed to the depredations of the enemy in Westchester county ; and that another letter, to the same purpose, be wrote to the commanding officer of the company lately commanded by Capt. Gray. Resolved, That if the troops mentioned in the foregoing resolve should prove insufficient for the purpose of protect- ing the well affected in Westchester county, and cutting off the communication between the disaffected subjects of this Stale and the enemy, then, and in that case, the com- missioners aforesaid be empowered to raise such a number of volunteers, under the command of Lieut. Col. Ham- mond and Major Nicholas Fish, as they shall judge ne- cessary, not exceeding three hundred ; and that they be empowered to appoint such and so many captains and sub- alterns, out of those already in commission in the militia, as they, together with Col. Hammond and Major Fish, shall think proper, always observing not to appoint more than one captain and two subalterns to a company of se- venty men. Resolved, That the men so raised, be allowed Conti- nental pay and rations, and be continued in service until the fifteenth day of April next, unless sooner discharged. Resolved, That copies of the papers received from the committee of Convention, in Westchester county, be trans- mitted to Genl. McDougall, commanding at Peekskill, with the opinion of the Committee of Safety, that it is advisable, in the present state of the said county, to de- tach a part of the Continental troops, raised in this State, 822 JOURNAL OF THE COMMITTEE OF SAFETY. in garrison at Fishkill, for the protection of the said coun- ty, and to oppose any design of the enemy in that quarter. Resolved, That the said committee of Convention be furnished with a copy of the preceding resolutions. " Kingston, March 3, 1777. " Gentlemen — The Committee of Safety have attend- ed to the different matters contained in your letter of the 25th ultimo, and are very sorry to find the disagreeable situation to which the well affected in Westchester county may probably be reduced. They have come to several resolutions, which arc enclosed, and have directed me to inform you that they cannot think of calling out the militia at present. They doubt not but Lieut. Col. Hammond will be able to raise a considerable number of volunteers, who, added to those already raised under Col. Humphrey, and such Continental troops as may be sent down, proper- ly employed as scouts, will probably be sufficient to deter the enemy from making any considerable inroads into the country. As the business for which your committee was appointed is now put into the hands of commissioners, I am directed to require your attendance in Convention, the advice and assistance of all the members being peculiarly necessary at this juncture. " Yr. mo. obt. servt. Ordered, That Mr. Pettit cause the bell belonging to this House to be rung without delay. A letter from Mrs. Lydia Watkins, directed to Mr. Wm. Harper, a member, enclosing an account of grain, vegeta- bles, &c. the property of the said Mrs. Watkins, and which were destroyed by the Continental troops and cattle at Harlaem Heights, was read. Ordered, That the said account be referred to the com- mittee of accounts to be audited, and that when reported, it be transmitted as reported to the Quarter-Master-Gene- ral of the Continental army. Resolved, That a committee be appointed to devise ways and means for the more effectual recruiting the levies for the five Continental regiments recruiting in this State. Ordered, That Mr. Duane, Mr. William Smith and Mr. Ten Broeck be the committee. A pay roll of a company of rangers, raised in Charlotte county, whereof Joshua Conkey is captain, marked No. 5, commencing on the fifth day of December and ending on the third day of January last, and sworn to by Joshua Conkey, the captain, before John Williams, Esq. chairman of Charlotte county, was exhibited for payment. Thereon is endorsed a certificate of Benjn. Newkerk and Mat. Ad- gate, two of the committee of Convention for auditing ac- counts, dated the 29th February, and certifying that they have examined the said roll, and do allow thereon the sum of £90 4s. 4|d. to Capt. Joshua Conkey and company. A subsistence roll of the said company, from the said fifth day of December to the third day of January last, both days included, marked No. 6, and sworn to in like manner, was also exhibited for payment. Thereon is en- dorsed a certificate of the said two auditors, dated the 29th February, certifying that they have examined the said roll, and do allow thereon the sum of £62 12s. 6§cZ. A pay roll of the said company of rangers, marked No. 7, commencing the 4th of January, and ending the 2nd of February last, both days included, sworn to in like man- ner, was also exhibited for payment. Thereon is endorsed a certificate of the said two auditors, dated the first instant, certifying that they have examined the said pay roll, and do allow thereon the sum of £104 15s. 8\d. A subsistence roll of the said company, marked No. 8, commencing the 4th of January and ending the 2nd of Fe- bruary last, both days included, sworn to in like manner, was also exhibited for payment. Thereon is endorsed a certificate of the said two auditors, dated the first instant, certifying that they allow thereon the sum of £74 6s. 5|c/. to Capt. Joshua Conckey, and company. A pay roll of Capt. Isaac Moss's company of rangers, raised in the county of Charlotte, marked No. 13, com- mencing on the 5th day of December, and ending on the 4th day of January last, both days included, arid appearing to be sworn to by the said Capt. Isaac Moss, before John Williams, Esquire, chairman, was exhibited for payment. Thereon is also endorsed a certificate of the said two audi- tors, bearing date the first instant, and certifying that they have examined the said roll, and allow thereon the sum of £112 2s. lOd. to Capt. Isaac Moss and company. A subsistence roll of Captain Moss's company, marked No. 14, commencing the 5th day of December, and ending the 4th day of January last, both days included, and ap- pearing to be sworn to by the said Isaac Moss, before the said chairman, was exhibited for payment. Thereon is also endorsed a certificate of the said two auditors, dated the first day of March, instant, certifying that they allowed thereon the sum of £80 15s. Id. to Captain Isaac Moss and company. A pay roll of Captain Isaac Moss's said company of ran- gers, marked No. 15, commencing the 5th day of January, and ending on the 3rd day of February last, both days in- cluded, and appearing to be sworn to by the said Capt. Isaac Moss, before the said chairman, was exhibited for payment. Thereon is endorsed a certificate of the said two auditors, that they had examined the said pay roll, and do allow thereon the sum of £1 16 5s. Ad. for pay to the said Isaac Moss and company. A subsistence roll of Capt. Moss's said company, marked No. 16, commencing on the 5th day of January and ending on the 3rd day of Feb. last, both days included, and appear- ing to be sworn to by the said Capt. Isaac Moss, before the said chairman, was exhibited for payment. Thereon is endorsed a certificate of the said two auditors, that they have examined the said subsistence roll, and do allow there- on the sum of £83 10s. Id. for subistence, to Capt. Isaac Moss and company. Resolved, That the Committee of Safety agrees with their auditors in their several reports, on the said pay and subsistence rolls. And whereas, Mr. Edward Savage, who has attended with the said rolls, is not authorized to receive the several sums due thereon, Resolved and Ordered, That the Treasurer of this State transmit the sum of £724 2s. \ \\d. being the amount of the said several pay and subsistence rolls, due to the ran- gers raised in Charlotte county by Edward Savage, a lieu- tenant of one of the said companies, to the chairman of the committee of Charlotte county, who is hereby directed, authorized and required to pay to each captain the sum due to each respective company on the said pay and subsis- tence rolls, and take a proper receipt of each of the said captains, and transmit the same to the said Treasurer. And whereas, Capt. Josiah Conckey and Capt. Isaac Moss have each transmitted an account of bounty due sun- dry men enlisted into his company, which remains unpaid: And whereas the Captains Conckey and Moss, and Lieu- tenant Savage, or the committee of Charlotte county, have not returned to the Convention a roll of the names of the men for whom money was advanced for bounty on the 4th of January last, pursuant to the order of that day, nor have accounts or vouchers been returned for the whole amount of the moneys on that day advanced for the said rangers, amounting in the whole to the sum of £524 14s. 2d. nor for the other sums before that time advanced for the said rangers : Therefore, Resolved, That no farther sum be advanced for bounty to any rangers in Charlotte county, until proper vouchers be returned for all the money heretofore issued for their use. Ordered, That the Secretary transmit a certified copy of the aforegoing resolutions, to the chairman of the com- mittee of Charlotte county. JOURNAL OF THE COMMITTEE OF SAFETY. 823 Monday Afternoon, March 3, 1777. The Committee of Safety met pursuant to adjournment. Present— Genl. Ten Broeck, President. Mr. Duane, Mr. P. Livingston, Mr. Dunscomb, Major Van Zandt, Capt. Rutgers, Mr. Beekman— Aeu;- York. Mr. Morris, Mr. Mills, Mr. Lockwood— Westchester. Genl. Ten Broeck, Mr. Gansevoort, Mr. Ten Broeck— For Albany. Capt. Piatt— For Dutchess. Mr. Wisner — Orange. Major Lawrence — Queens. Mr. Smith, Mr. Hobart— For Suffolk. CoL Dewit, Mr. Ray, Major Tappen— For Ulster. Mr. Veder, Mr. Harper— Tryon. Mr. Slevens — Cumberland. The memorial of Nathaniel Piatt, late captain of a com- pany in the regiment of militia drafts, whereof Josiah Smith was colonel, was read and committed to Mr. Gansevoort, Col. Dewit and Mr. Mills. The committee appointed to audit accounts, reported an account by them audited, of James Magee, one of the per- sons appointed by the Committee of Safety by their reso- lution of the 9th of October last, to purchase clothing of different kinds in the county of Albany, for the use of the troops raised in this State — the said account amounts to £102 195. Gd. An account of John McCarty, the person of whom Mr. McGee purchased the goods, as also a receipt signed by Jere. Van Rensselaer, paymaster to the third bat- tallion of Continental troops raising in this State, acknow- ledging the receipt of those goods for the use of the said battalion, accompanied the account of Mr. Magee as vouchers. Ordered, That the Treasurer of this State pay to Cap- tain James Magee the sum of one hundred and two pounds nineteen shillings and six pence, in full for his account for stockings and mittens by him purchased in the county of Albany, pursuant to the resolutions of the Committee of Safety of the 9th of October last, and delivered to Jer. Van Rensselaer, paymaster to the 3rd battallion, of Col. Gansevoort's regiment, for the use of said regiment, and take his receipt for the same. Resolutions for sequestering the estates of persons gone over to the enemy, were read, and committed to Mr. Duane, Mr. Morris and Capt. Piatt. Mr. Gansevoort, from the committee to whom was re- ferred the letter from General Wooster, reported the fol- lowing resolution, which was read and agreed to, to wit : Resolved, That Mrs. Sarah Grant, wife to Capt. Alex- ander Grant, be permitted, with her family and effects, (excepting cattle, horses and provisions,) to repair to the city of New-York, and that Genl. Wooster, or officer com- manding the Continental forces in Westchester county, be requested to send a guard with Mrs. Grant to convey her, with her family and effects as aforesaid, to the enemy's lines at King's Bridge. Ordered, That a copy of the aforegoing resolution be transmitted to General Wooster. A letter signed Ja. Sullivan, as chairman of the com- mittee of the House of Representatives, dated at Boston, Feby. 9th, enclosing an act to prevent monopolizing, and a resolution prohibiting, certain articles therein enumerated, was read, and committed to Mr. Hobart, Mr. R. R. Li- vingston and Mr. Jay. Mr. Adgate, from the committee of accounts, delivered in their report on the account of Mrs. Lydia Watkins, for the damage received by the Continental troops, &c. which was read and ordered to lie on the table for the perusal of the members. A letter from the committee of Kingston requesting some direction with respect to the effects of Cor. Clop- per, who, as is said, is gone over to the enemy, was read. Agreeable to order, the commissioners for inquiring into, detecting and defeating all conspiracies, &c. sent a copy of the proceedings on the case of Malcom Morrison. Ordered, That the same lie on the table for the perusal of members. TUESDAY MORNING, March 4, 1777. The Committee of Safety met pursuant to adjournment. Present— Genl. Ten Broeck, President. Mr. Duane, Mr. Denning, Major Van Zandt, Mr. Dunscomb, Capt. Rutgers, Phil. Livingston— For New-York. Majr. Lawrence — Queens. Col. Van Cortlandt, Mr. Morris, Mr. Mills, Major Lockwood— For Westchester. Genl. Ten Broeck, Mr. Gansevoort, Mr. Adgate, Mr. Ten Broeck — For Albany. Robt. R. Livingston, Capt. Piatt— Dutchess. Mr. Stevens — Cumberland. Mr. Harper, Mr. Newkerk, Mr. Veder, Mr. Paris— For Tryon. Mr. Smith, Mr. Hobart— For Suffolk. Mr. Ray, Col. Dewit, Maj. Tappen, Mr. Contine— Ulster. Mr. Wisner — Orange. Mr. Morris, from the committee to whom was commit- ted the resolutions for sequestration of the personal pro- perty of such of the inhabitants of this State as aie gone over to the enemy, delivered in their report, which was read, amended and agreed to, and is as follows : [Report not entered on the minutes.] On motion of Capt. Zep. Piatt, Resolved. That a committee be appointed to prepare and report an act of grace for all such persons as have been sent out of this State by the committee for detecting conspiracies, or confined within this State by their order, or by order of any other committee in this Stale, charged with notorious disaffection to the American cause, and not charged with treason against this or any of the neighbour- ing States. Ordered, That Capt. Zeph. Piatt, Mr. Morris and Mr. Hobart, be the committee. Ordered, That R. R. Livingston, be excused his attend- ance on the committee for apprehending and examining Cummins, Crookshanks and others ; and that Mr. Phil. Livingston be added to the said committee. Ordered, That the committee appointed to prepare and report a system of government, meet this afternoon at 4 o'clock. WEDNESDAY MORNING, March 5, 1777. The Committee of Safety met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, Prest. Mr. Duane, Capt. Rutgers, Major Van Zandt, Mr. Dunscomb, Mr. Denning, Mr. Phil. Livingston — For New-York. Mr. Wisner — For Orange. Major Lawrence — For Queens. Mr. Veder, Mr. Paris, Mr. Newkerk — For Tryon. Genl. Ten Broeck, Mr. Ten Broeck, Mr. Adgate, Mr. Gansevoort — For Albany. Mr. Hobart, Mr. Smith— For Suffolk. Capt. Piatt, Mr. R. R. Livingston— For Dutchess. Mr. Stevens — For Cumberland. Major. Tappen, Mr. Rea, Mr. Contine, Col. Dewit— for Ulster, Mr. Morris, Mr. Mills, Major. Lockwood — For Westchester. Mr. Gansevoort, from the committee appointed for that purpose, reported a draft of a bond to be executed by Henry I. Van Rensselaer and his sureties for the faithful discharge of the office of commissioner of the loan office in this State for borrowing money for the Continental use ; the same was read, amended and approved of, and is as follows : " Know all men by these presents, that we Henry 1. 824 JOURNAL OF THE COMMITTEE OF SAFETY. Van Rensselaer, of Claverack, in the county of Albany, commissioner within the State of New-York, for superin- tending the loan office, established according to a resolu- tion of Congress of the 3rd October, 1776, for borrowing money for the use of the United States of America ; and are held and firmly bound unto Peter V. B. Livingston, Esquire, Treasurer of the State aforesaid in the sum of twenty thousand pounds New-York currency, to be paid to the said P. V. B. Livingston, or to his suc- cessors, Treasurers of the said State ; for the payment whereof we do bind ourslves, our heirs, executors and ad- ministrators jointly and severally by these presents. Sealed with our seals, dated the of 1777. " The condition of this obligation is such that if the above bounden Henry L Van Rensselaer, shall in all things, well and faithfully perform the duty of such a commissioner as aforesaid, according to the true intent and meaning of the said resolution, then and in such case the above obligation to be void, else to remain in full force and virtue." Ordered, That a copy of the same, together with a copy of the resolutions, directing Mr. Van Rensselaer to enter into bond with security for the faithful execution of his office, be transmitted to him by the President ; and that he be requested to send the names of his securities for the approbation of this Committee as soon as possible. Resolved, That all bonds, obligations or contracts which have been or may be entered into by individuals or bodies politic, to or with the Treasurer of this State for the time being, shall enure to his successor, or successors in the said office, to be by him or them prosecuted and recovered upon, for and on the behalf of this State in like manner as if the said Treasurer and his successors had been constituted a sole corporation. The committee to whom was referred the memorial of Capt. Nathaniel Piatt, delivered in their report, which was read, and thereupon resolved : Whereas divers officers of the militia in the counties of Suffolk, Queens and Kings, have, as it hath been alleged, advanced sundry sums of money as pay, bounty, or sub- sistence to their soldiers on account of this State, which sums of money cannot now be by them recovered by rea- son of the dispersion of the said soldiers throughout the said counties now in possession of the enemy, and other parts of this and the neighbouring States, and of the loss of the several vouchers for the payment of the said several sums. Resolved, therefore, That the said officers do return, upon oath, particular accounts of the monies by them so advanced, together with the vouchers for the same, or in default thereof, that they make proof of the loss of such vouchers ; and that they also return the pay rolls of the men under their command, specifying therein the names of such as are in the power of the enemy ; and that where such several sums do not exceed the pay, bounty and sub- sistence respectively due to the several soldiers under their command, they be allowed such several sums ; and where such several sums do exceed the pay, bounty and subsist- ence respectively due as aforesaid, then that they be al- lowed the whole of the pay due to the said soldiers respec- tively, and no more. Ordered, That the said resolution be published in the newspapers. Ordered, That the Treasurer of this State pay unto Eg- bert Benson, one of the commissioners appointed to en- quire into, detect and defeat all conspiracies, the sum of five hundred and seventy-eight pounds, eleven shillings and one penny, for the purpose of discharging sundry ac- counts of expenses contracted by the late committee for in- quiring into, detecting and defeating all conspiracies, &c. as audited by Nathaniel Sacket, Esquire, late a member thereof; and also the further sum of two hundred and sixty- one pounds, thirteen shillings and five pence, for defraying the necessary expenses of the commissioners appointed to inquire into, detect and defeat all conspiracies which may be formed in this State, against the liberties of America : And Ordered, That the Treasurer pay the first above men- tioned sum to Zephaniah Piatt, and take his receipt on be- half of Mr. Benson. The committee for auditing accounts reported an account of Capt. Nathaniel Piatt, amounting to £76 18$. id. for the expenses of transporting and collecting a number of arms and accoutrements, swords, three casks of powder, eighteen tents and three marquees, belonging to this State, from the State of Connecticut to Fishkill, and which were brought off from Long Island. Ordered, That the Treasurer of this State pay unto Capt. Nathaniel Piatt the sum of £76 18s. id. in full for his account of expenses in collecting and transporting a parcel of arms, accoutrements, swords, marquees, tents and three casks of powder, belonging to this State, from the State[of Connecticut to Fishkill, which said arms, &c. were brought off from Long island, and take his receipt for the same. An account of Daniel Dunscomb against the State, for salt purchased of sundry persons in May and June, 1776, for laying up a magazine of pork in Westchester county, and for disbursements by him paid for freight and storage of the said salt, was exhibited for payment. Thereon is en- dorsed a certificate of Matthew Adgate and Benjamin New- kerk, two of the committee for auditing accounts, certify- ing that they have examined the within account of Daniel Dunscomb, Esquire, and are of opinion that he be allowed the sum of forty-four poutids, six shillings and two pence halfpenny, for the same. Ordered, That the Treasurer of this State pay to Daniel Dunscomb, Esq. the said forty-four pounds, six shillings and two pence halfpenny, in full of his demand on the said account, and take his receipt for the same. An account of David Lyons, for riding three days in the public service, to hasten the marching of the militia of Dutchess to Westchester county, was exhibited for pay- ment. Thereto is subjoined a certificate of Matthew Ad- gate and Benjamin Newkerk, Esqrs. two of the auditors, that they allow the sum of two pounds eight shillings to David Lyons for his services. Ordered, That the Treasurer pay to the said David Lyons, on his receipt, the said sum of two pounds eight shillings for his said account. JOURNAL OF THE PROVINCIAL CONVENTION. THURSDAY MORNING. March 6th, 1777. The Convention met. Present— Brigr. Genl. Ten Broeck, President. Mr. Philip Livingston, Mr. Duane, Mr. Dunscomb, Maj. Van Zandt, Col. Lott, Mr. Rutgers, Mr. Denning — For Neu>-York. Mr. R. R. Livingston, Capt. Platt, Mr. Henry Schenk — For Dutchess. Maj. Lawrence — For Queens. Genl. Ten Broeck, Mr. Ten Broeck, Mr. Gansevoort, Mr. Ad- gate — For Albany. Mr. Wisner — Orange. Mr. Morris, Col. Drake, Mr. Mills, Maj. Lockwood— For West- chester. Mr. Smith, Mr. Hobart — For Suffolk. Maj. Tappen, Mr. Cantine, Mr. Rat — Ulster. Mr. Paris, Mr. Veder, Mr. Newkerk — For Tryon. Mr. Stevens — Cumberland. A letter from the Honourable John Hancock, dated Bal- timore, January 18, in answer to the letter of Conven- tion of the 28th December last, on the subject of clothing, and enclosing resolutions of Congress of the 16th of Janu- ary, approving of the spirited exertions of this State and of the address of the Convention to the inhabitants, and ap- pointing a committee to inquire into the conduct of the Hessian officers and soldiers, were respectively read. A circular letter from Congress, dated Baltimore, Janu- ary 31, signed John Hancock, President, enclosing the Declaration of Independence, with the names of all the members of Congress that subscribed the same, and a re- solution that the same be put on record and preserved among the archives of the several United States, were read. Another letter from the Honourable John Hancock, dated Baltimore, Feby. 20th, enclosing an extract from the mi- nutes of the committees appointed by the States of Massa- chusetts Bay, Connecticut, New-Hampshire and Rhode Island, Providence Plantations, on the subject of regulating the prices of provisions, &c. in those States, and the reso- 207 lutions of Congress of the 15th of February on the subject of these extracts ; the resolutions recommending the seve- ral Legislatures of the several States to take the most ef- fectual means for manning the Continental frigates, and re- commending to the United States to avoid as much as pos- sible the further emission of paper currency, and sinking that already emitted, were respectively read. A letter from the Honl. Francis Lewis, Esquire, dated the 18th February, on the subject of this State being unrepresented in Congress, was also read. Ordered, That all the aforegoing letters, with the en- closures, be committed to Mr. Robt. R. Livingston, Mr. Morris and Mr. Duane. A letter from John Barclay, Esquire, chairman of Al- bany committee, dated the 14th February, on the subject of the prohibition in the eastern States, was read, and com- mitted to the same committee, to whom was also commit- ted the letter from Boston on the same subject. A letter from General Bayley, dated at Newburg, Fe- bruary 26, and a letter from General Schuyler, dated the 4th inst. both on the subject of Hoisington's rangers, were read, and committed to Col. De Witt, Mr. Stevens and Mr. Gansevoort. A letter from Major Daniel Torboss, at Fishkill Lan- ding, dated February 20, informing of his having purchased a quantity of iron from Capt. Redfield, which iron is now claimed by Mr. Hughes, quarter master-general's deputy, as Continental stores, was read, and committed to Mr. Denning and Major Laurence. A letter from John Henry, commissary of the clothing store of this State at Fishkill, dated the 4th instant, ac- knowledging the receipt of two thousand dollars, conveyed to him by Capt. Belknap, from the Treasurer, by order of the Committee of Safety, and requesting a further sum, to enable him to discharge sundry demands, and to purchase clothing, &c. was read ; and thereupon, Ordered, That the Treasurer of this State advance to Mr. John Henry, commissary of the clothing store of this State, at Fishkill, the sum of two thousand dollars ; he to be accountable for the expenditure of the same ; and that 826 JOURNAL OF THE PROVINCIAL CONVENTION. the Treasurer send the said money to Mr. Henry by Mr. Theodorus Brett. A letter from Col. Henry B. Livingston, directed to John Ten Broeck, Esq. a member of this House, on the subject of making an allowance to the recruiting officers, empowering him to purchase leather caps for his men, and to purchase arms, was read, and committed to Mr. Zep. Piatt, Col. Lott and Mr. Wisner. The resolutions appointing commissioners in the several counties, for taking into possession, and exposing to sale the personal property of persons gone over to the enemy, were again read, amended and approved, and are as fol- lows : Whereas divers ill disposed persons, inhabitants of this State, being unmindful of the great duties they owe to the same, have joined our cruel and inveterate foes ; and the effects of such persons and of divers others now with the enemy, are liable to waste, or may be employed for wicked purposes within this State, or consist of goods and mer- chandize useful to the well affected inhabitants of the same, in consideration thereof, and for divers other good causes and considerations, Resolved, That the commissioners hereinafter named, do take into their custody and possession, all the personal property of the persons aforesaid, and do cause the same to be sold at public vendue, upon notice thereof given at least ten days before the day of sale, and do file with the Treasurer of this State, accounts of the sale of such pro- perty, and do deposit the nett amount thereof, together with such moneys as they shall find belonging to the persons aforesaid, in the treasury, to be hereafter paid to the re- spective owners thereof, or otherwise disposed of at the discretion of the Legislature of this State ; leaving, never- theless, to each of the families of the persons aforesaid, their apparel, necessary household furniture, and as much provisions as will be sufficient for their subsistence for three months. Resolved, That for the due execution of the foregoing resolutions within the several counties of this State, the fol- lowing persons be, and they hereby are, appointed com- missioners, with the powers and authorities aforesaid ; and also with the power of sending for papers and examining witnesses on oath, in the said counties respectively, viz : for the city and county of Albany, Cornelius Cuyler, of Schenectady, Harmanus Wendell, of the city of Albany, and Peter Van Ness, of Claverack, Esquires ; for the county of Dutchess, Anthony Hoffman, Ephraim Payne and Theodorus Van Wyck, Esquires; for the county of Westchester, Stephen Ward, Samuel Drake and Israel Honeywell, Jr. Esquires ; for the county of Ulster, Patrick Barber, Benjamin Smedes, Junr. and Johannes Sleight, Esquires ; for the county of Orange, Jesse Wood- hull, John Coe and Guysbert Kuyper, Esquires; for the county of Tryon, Frederick Fisher, John Eisenlord and John Harper, Esquires ; for the county of Cumberland, James Clay, Amos Robertson and Israel Smith, Esquires. And whereas this House, for want of information, can- not at present fix upon suitable commissioners for the counties of Charlotte and Gloucester ; Resolved, therefore, That the appointment of commis- sioners for the said counties be deferred. Resolved, That each of the said commissioners be allow- ed, besides the incidental charges in executing this trust, the sum of sixteen shillings per day, for their expenses and trouble while actually employed therein ; and that they do before tliGy enter upon the said business, take and subscribe before the chairman of the committee of their respective counties, the following oath, viz : " I, A B, do solemnly swear and declare, that I will, to the best of my knowledge and ability, execute the trusts reposed in me by the aforegoing resolutions, without fear, favour, affection, partiality, or hope of reward, so help me God." Resolved, That all and singular the powers and authori- ties, by the aforegoing resolutions given the said commis- sioners, be vested and exercised in and by any two of those named for the several counties, within the said counties respectively. Ordered, That a copy of the said resolutions be sent to one of the Commissioners in each county, and that he be requested to communicate the same to the other commis- sioners in his county, and to the chairman of the county committee thereof. On motion of Mr. Gansevoort, Resolved and Ordered, That the committee appointed to prepare a system of a form of government for this State, report on Wednesday next. The committee for auditing accounts reported a pay roll of Capt. Baldwin's company of rangers, commencing Fe- bruary 1st, and ending February 28th, that the same ought to be paid. Resolved, That the Convention agrees with their audi- tors in the said report and allowance. And Ordered, That the Treasurer of this State pay to Capt. Alexander Baldwin, for himself and his company, the sum of £172 16s. for the said pay roll, and take a receipt for the same. The committee for auditing accounts reported a subsis- tence roll of Capt. Baldwin's company of rangers, com- mencing Feby. 1, and ending February 28, that the same ought to be paid. Resolved, That the Convention agrees with their audi- tors therein. And Ordered, That the Treasurer of this State pay to the said Alexander Baldwin, on his receipt in full for the said account, the sum of one hundred and ten pounds, thirteen shillings and five pence, for the said subsistence roll. Adjourned. FRIDAY MORNING, March 7th, 1777. The Convention met pursuant to adjournment. Present — Brigadier-Genl. Ten Broeck, President. Mr. Duane, Mr. Dunscomb, Col. Lott, Mr. Beekman, Mr. Denning, Major Van Zandt, Capt. Rutgers — For New-York. Major Lawrence — Queens. Mr. Veder, Mr. Paris, Mr. Newkerk — For Tryon. Genl. Ten Broeck, Mr. Ten Broeck, Mr. Gansevoort— For Albany. Mr. R. R. Livingston, Capt. Piatt, Mr. Henry Schenk — Dutchess. Mr. Morris, Mr. Mills, Major Lockwood, Col. Drake — Westchester. Mr. Stevens — For Cumberland. Mr. Hobart, Mr. Smith— For Suffolk. Maj. Tappen, Mr. Cantine, Mr. Rea — Ulster. Col. Allison, Mr. AVisner — Orange. A letter from General Schuyler, dated Albany, March 4, 1777, on the subject of the iron stoves made by Mr. Patrick for the use of the northern department, and requesting Con- vention to pay off the account of the said stoves, amount- ing to £598 13s. Od. to the person entitled to receive the same, and make a Continental charge thereof, or draw upon the deputy quarter-masler-general of the northern depart- ment, as may best suit them, was read. Thereupon, Ordered, That the Treasurer of this State pay to the execntor or executors of Saml. Patrick deceased, the sum of £598 13s. in full for his account of iron stoves manu- factured at the Forest of Dean, for the use of the troops in the northern department, and that the Treasurer draw on the deputy quarter-master-general of the said department for the said sum. A letter from David Gelston, Esqr. dated at Middletown, Feb. 24, enclosing the list of the marks and weight of four barrels of saltpetre, which he has sent to Convention by Mr. Noadiah Hubbard, containing 1 123lbs. nett, was read. Ordered, That Mr. Wisner, Senr. received the said salt- petre, and pass his receipt in behalf of this State for the same. JOURNAL OF THE PROVINCIAL CONVENTION. 827 The petition of John Cooper, of Fishkill, on the subject of perpetuating some testimony relative to a claim on some lands at Kinderhook, was read, and for want of a Chan- cellor, ordered to lie on the table. Resolved, That Mr. Hobart and Mr. Robert Yates be and are appointed commissioners on behalf of this State, to meet the commissioners of the States of New-Jersey, Pennsylvania, Delaware, Maryland and Virginia, on the third Monday of March instant, at Yorktown in Pennsylva- nia, pursuant to the resolutions of Congress, of the 15th February last ; arid that they be allowed each four dollars per day, during the time they shall be employed in the said service. Ordered, That Mr. Hobart inform Mr. Yates of the aforegoing resolution, by express, and request his attend- ance without delay. A certificate, dated at Claremont, Jany. 25th, 1777, and signed John R. Livingston, certifying that Mr. Abraham Wempel of Schenectady, has made in this State and brought to the powder mills, three hundred and sixty-five pounds of good merchantable saltpetre, for which he ought to be paid nine shillings per pound, according to a resolu- tion of the Convention, was read : Ordered, That the Secretary make out an account of the said saltpetre at eight shillings and six pence per pound, that being the price allowed by the resolution referred to in Mr. Livingston's certificate ; And, Ordered, That the Treasurer of this State pay to Mr. Abraham Wempel, or his order, the sum of £155 2s. 6d. for 365 pounds of saltpetre at 8s. 6d. per pound, by him manufactured in this State, and delivered at Mr. Jno. R. Livingston's powder mill. Mr. Morris, from the committee for the purpose ap- pointed, reported the resolutions as an act of grace to such of the inhabitants who are gone, or sent out of the State, or confined as disaffected persons. The same being read by paragraphs and amended, were agreed to, and are as follows : "Whereas divers persons, inhabitants of this State, have, for notorious disaffection to the liberties of America and other sufficient causes, been sent into some or one of the neighbouring States, or confined within this State by parol or otherwise : And whereas divers of the said per- sons have, by their humble petition to this Convention, prayed to be admitted as liege subjects of this State, testi- fying their determined resolution to exert their utmost en- deavours in its defence : And whereas this Convention is at all times desirous of restoring to society all those mem- bers who have not by their crimes rendered themselves unworthy of being partakers in the exalted privileges of freemen : Therefore, Resolved, That the commissioners appointed within this State to inquire into, detect and defeat all plots and con- spiracies against the rights and liberties of America, within this State, be, and they hereby are directed and empowered to send for all such persons, members of this State, as are confined by parol or otherwise within or without this State, excepting those who are charged with taking up arms against the United States, with enlisting men for the ser- vice of the enemy, accepting a warrant or commission for that purpose, supplying them with provisions, or conveying intelligence to them; and that they do tender to each of them an oath, or if of the people called Quakers, an affirma- tion, that he will bear true faith and allegiance to the State of New-York ; that he will discover all plots and conspi- racies which may come to his knowledge, against the said State, or the United States of America ; that he will do his duty as a good subject of the said State ; and that he takes the said oath or affirmation without any mental reser- vation or equivocation whatsoever, and means faithfully and honestly to perform the same. That such of the said persons as shall take and subscribe the said oath or affirma- tion, be discharged ; and that such of them as shall for six days after the same shall be tendered to them respectively, Irefuse to take and subscribe the said oath or affirmation, | receive a pass and be directed to repair, with their families, apparel and household furniture, to the city of New-York, or some other place in the possession of the enemy ; and in default of their obedience of such direction within the time for that purpose by the said commissioners to be limited, that they be confined in close jail, and otherwise treated as the open enemies of this Slate. And further, Resolved, That such of the said persons as shall not, after being so as aforesaid sent for, appear before the said commissioners within a time for that purpose by the said commissioners to be limited and appointed according to their respective distances, and other circumstances, shall be considered as having gone over to the enemy. And the personal property of such persons shall be seized and sold at public vendue, and the money arising therefrom shall be paid into the Treasury of this State, and be subject to the disposition of the future Legislature thereof : unless, upon the appearance of such delinquents before the said commissioners previous to such sale of their personal pro- perty, a sufficient reason be assigned for their non-attend- ance. Ordered, That a copy of the aforegoing resolutions be transmitted to the commissioners appointed to detect all conspiracies, &c. and that they be requested to cause the same, to be published in the newspapers and printed in as many handbills as they may think necessary to be distri- buted. On motion, Resolved, That two persons be appointed and added to the number of commissioners appointed to inquire into, detect and defeat all conspiracies, &c. The House then proceeded to elect by ballot, two per- sons for that purpose, and Peter M. Contine and Joseph Strang, Esqrs. were elected : Therefore, Resolved, That Peter M. Contine and Joseph Strang, Esquires, be, and they are hereby, added to the number of commissioners appointed for the purpose of inquiring into, detecting and defeating all conspiracies which may be formed in this State against the liberties of America. SATURDAY MORNING, March 8, 1 777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Col. Lott, Capt. Rutgers, Mr. Dunscomb, Mr. Denning, Mr. Beek- man, Major Van Zandt, Mr. Duane —For New-York. Major Lawrence — For Queens. Major Lockwood, Col. Drake, Mr. Mills — For Westchester Genl. Ten Broeck, Mr .Ten Broeck, Mr. Adgale, Mr. Gansevoort — For Albany. Col. Allison, Mr. Wisner — For Orange. Mr. Paris, Mr. Veder, Mr. Newkirk— For Tryon. Mr. Smith, Mr. Hobart— For Suffolk. Major Tappen, Mr. Rea, Col. De Witt — For Ulster. Capt. Piatt, Mr. H. Schenk, Mr. R. R. Livingston— For Dutchess. Mr- Stevens — For Cumberland, A letter from General Scott, dated Fishkill, March 7, 1777, wherein he suggests the propriety (if the enemy should evacuate the city of New-York, as is reported,) of ordering down a body of militia of this State, to take pos- session of it before the Connecticut militia enter the same; and offers his services to take the command, was read, and committed to Capt. Piatt and Mr. Gansevoort. A letter from Philip Connyne, chairman of Coxsackie district, enclosing the depositions of Cornelius Connine, Harmanus Schuyler, Richard Van Den Bergli, Thos. Hooghtaling and Henry Van Bergen, relative to the con- duct and language of Richard Thurman, at the time when, Capt. Hooghlaling's company of militia was mustered for the purpose of drafting every fifth man to march and rein- force the garrison of Ticonderoga by order of Genl. Schuy- ler, was read. 828 JOURNAL OF THE PROVINCIAL CONVENTION. Ordered, That the same be referred, and transmitted to the commissioners for inquiring into, detecting, &c. all conspiracies, &c. A report of Robert Boyd and Samuel Brewster, Es- quires, relative to the Forest of Dean furnace, was read. And Ordered, That Major Tappen and Mr. Denning, be a committee to confer with Mr. Boyd on the subject, and make report. A letter from the Honble. John Hancock, President of Congress, dated Jany. 24, on the subject of this State being unrepresented in Congress ; and two letters from the Honourable Francis Lewis, the one dated Jany. 16, and the other Jany. 31, were respectively read, and committed to the same committee to whom was referred the letters from Mr. Hancock, received on the 6th inst.. A letter from the Honourable Samuel Chase, dated Baltimore, January 23d, enclosing a printed resolve, ap- pointing a committee to inquire into the conduct of the Hessian generals and officers, towards the troops and in- habitants of the United States, was read, and committed to Mr. Morris. A letter, signed Ml. Hillegus, Continental Treasurer, without a direction, dated Baltimore, February 16, 1777, brought by Mr. Wm. Dodd, (together with the Continen- tal loan office certificates for this State,) containing a list of the quantity and denomination of the said certificates and directions to be observed by the commissioner of the said loan office in this State, was read. And thereupon, Resolved, That the commissioner for borrowing money in this State, be informed that the Continental loan office certificates for such money have arrived, and that he be re- quested to attend this House without delay. And Ordered, That Gerard Bancker, Esqr. Vice-Treasurer of this State, do receive from Mr.Wm. Dodd the Continental certificates sent to the commissioner of this State by Ml. Hil- legas, Esquire, the Continental Treasurer; thathekeep them in safety till further orders ; and that he give Mr. Dodd duplicate receipts for the same ; and that he inform Mr. Hillegas by letter, that the commissioner resides in Alba- ny, but is sent for to receive the certificates ; and that re- ceipts shall then be taken from him and forwarded agreea- ble to Mr. Hillegas's request. On motion, Ordered, That the keeper of the jail in Kingston be di- rected to take the irons from off Malcom Morrison, who is confined in the said jail. Whereas, a certain James McGloghlen was, by order of the committee for detecting and defeating conspiracies, &c. sent to labour on board the Continental ships built at Poughkeepsie, and that he was afterwards sent by some person not authorized, to the jail in Kingston, wherein he is now confined : Ordered, That the keeper of the jail at Kingston, be directed to discharge the said James McGloghlen. The memorial of Wm. Malcom, in behalf of himself and the other owners of brigantine Janet, was read, and committed to Capt. Rutgers and Maj. Lawrence. The committee to whom was referred the letter from Col. Henry B. Livingston, delivered in their report, which was read and agreed to, and is as follows, to wit : "That Colonel Henry B. Livingston be requested to cause Samuel Brown to be sent to Dutchess county jail, there to be kept in safe custody, until some proper court be appoinlcd for trial of the like offence with which he stands charged. "That Col. Henry B. Livingston be empowered to pur- chase all the arms, that are private property of any of the soldiers in his regiment, provided they can be had at such prices as, in his judgment, may be reasonable ; and that he transmit an account of the said arms, together with the prices of the same, to Convention, who will make provi- sion for the payment of the same. "That as to the leathern caps mentioned in Col. Living- ston's letter, your committee are of opinion that, consider- ing the great scarcity of leather and the singularity of lea- ther caps, it will be imprudent to contract for them. " That as to the allowance of twenty shillings per man to the recruiting officers, your committee are of opinion that as there is a committee appointed to consider of ways and means for filling up the regiments, it would be impro- per to make any further allowance at present." An account of Capt. Nathaniel Piatt, of Col. Smith's regiment of militia drafts raised on Long island, amount- ing to eight pounds, for the last half of the bounty allowed to the said drafts, by him paid to Nathaniel Smith, Mat- thew Beal and Thomas Peters, was read. The said ac- count being duly sworn to, and audited by the committee of accounts ; thereon, Ordered, That the Treasurer of this State pay unto Capt. Nathaniel Piatt, or his order, the sum of eight pounds, to reimburse him for the half bounty paid to Nathaniel Smith, Matthew Beal and Thomas Peters, privates of his company of militia drafts raised on Long island, and in Col. Smith's regiment. A pay and subsistence roll of part of Capt. Nathaniel Piatt's company of Col. Smith's regiment of drafts of the Long island militia, part of which joined Col. Henry B. Livingston's regiment, amounting to £141 17s. 8d. was read. The said roll being duly sworn to, was audited by the committee of accounts ; thereon, Ordered, That the Treasurer of this State pay to Capt. Nathaniel Piatt the sum of one hundred and forty-one pounds seventeen shillings and eight pence, in full for the said pay and subsistence roll. A pay roll of Capt. Marcus Demoth's company of ran- gers, raised in Trvon county, commencing the first day of January, 1777, to the 31st day of the same month, inclu- sive, amounting to £198 2s. 6d. sworn to by the said cap- tain, and delivered in as audited by the committee for auditing accounts, as by them audited and allowed, was read, and thereupon, Ordered, That the Treasurer of this State pay to Capt. Marcus Demoth the sum of £198 2s. 6d. in full for the said pay roll. A subsistence roll of the said company of rangers, from the said first day of January to the 31st of the same month, inclusive, amounting to £151 6s. lOd. sworn to and audit- ed, and delivered in like manner as the above pay roll, was read ; thereupon, Ordered, That the Treasurer of this State pay to Capt. Marcus Demoth the sum of £151 6s. lOd. in full for the said subsistence roll. A pay roll of the said company of rangers, from the 1st day of February, 1777, to the 28th of the same month, amounting to £198 2s. 6d. sworn to, audited and delivered in like manner as the above pay and subsistence rolls, was read ; thereupon, Ordered, That the Treasurer of this State pay to Capt. Marcus Demoth the sum of £198 2s. 6d. in full for the said pay roll. A subsistence roll of the said company of rangers, from the said first day of Feby. to the 28th of the same month, amounting to £136 16s. sworn to, audited and delivered in like manner as the above pay and subsistence rolls, was read ; and thereupon, Ordered, That the Treasurer of this State pay to Capt. Marcus Demoth the sum of £136 16s. in full for the said subsistence roll. MONDAY MORNING, March 10, 1777. The Convention met pursuant to adjournment. Present— Brigr. Genl. Ten Broeck, President. Mr. Denning, Maj. Van Zandt, Capt. Rutgers, Mr. Duane, Col. Lott, Mr. Beckrnan", Mr. Dnnscomb— For New-York. JOURNAL OF THE PROVINCIAL CONVENTION. 829 Major Lawrence— For Queens. Mr. Morris, Col. Van Cortlandt, Judge Graham, Col. Drake, Major Lockwood, Mr. Mills -For Westchester. Genl. Ten Broeck, Mr. Ten Broeck, Mr. Gansevoort, Mr. Adgate, Col. Van Rensselaer— For Albany. Col. Allison — For Orange. Mr. Stevens— For Cumberland. Mr. Veder, Mr. Paris, Mr. Newkirk— For Tryon. Mr. Hobart, Mr. Smith— For Suffolk. Major Tappen, Mr. Rea, Col. Dewit— For Ulster. Mr. Henry Schenk, Capt. Piatt, Mr. R. R. Livingston— For Dutchess. Mr. Wisner Senr. having absented himself without leave, by which means the county of Orange is unrepresented, Ordered, That a messenger be despatched to notify Mr. Wisner, Senr. that his immediate attendance on Conven- tion is required, and that Mr. Wisner pay the expense of the messenger. Resolved, That the case of James Smith and James Acton, two persons confined in the jail of Kingston, charged with horse stealing, be referred to the committee of Kings- ton, who are authorized to take such measures in the pre- mises as to them shall appear necessary. A letter from the Honle. John Hancock, dated February 25, enclosing a resolution of February 24th, desiring this State to guard the passes in the Highlands with militia ; and a letter from General Washington, dated at Morris Town, March 1st, relative to the arms carried off by the discharged troops, and requesting Convention to exert themselves in expediting the recruiting and equipping the battalions raising in this State, were respectively read and committed to Mr. R. R. Livingston and Mr. Duane. The committee appointed to confer with Mr. Boyd on the subject of employing the furnace at the Forest of Dean, reported. And thereupon, Resolved, That Mr. Leonard, the present possessor of that furnace, be informed that this Convention do not in- cline to engage in the iron works at the Forest of Dean, but that they will purchase, at a reasonable rate, all such cannon as upon due proof appear to be good, or any can- non ball which may be cast at the said works before the first day of November next. The committee to whom was referred the letter from General Scott on the subject of the report of the enemy's evacuating New- York, reported the draft of a letter in an- swer thereto, which was read and approved, and is as fol- lows : " Sir — I am directed by the Convention to acknowledge the receipt of your favour of the 7th instant, and inform you that they have no reason to credit the report of the evacuation of New- York by the enemy, and are fully of opinion with you, that should such an event take place, it ought, if practicable, to be first entered by the troops from this State. " Yours, &c. " By order. " To Genl. Scott." Resolved, That such of the privates of Capt. Haas- brouck's company of rangers as have deserted, on return- ing the bounty by them received, and foregoing the pay and subsistence now due to them, be pardoned and dis- charged. Resolved, That Anthony Rutgers and Benjamin New- kirk, Esqrs. be, and they hereby are, empowered to take such anchors and cables for the public service, as may be spared from the vessels now in Hudson's river, they pay- ing to the owners the value thereof. Resolved, That the inhabitants of this State in each town, borough, manor, precinct and district, do proceed to elect, at the usual time and place of election in each town, borough, manor, precinct or district, constables, overseers of the highway and of the poor, fence viewers, pound mas- ters and four clerks. Ordered, That copies of the aforegoing resolution be transmitted to the chairmen of the county committees, who 208 are requested to send copies to the district committees, and that it be published in the newspapers. The committee appointed to devise ways and means for expediting the recruiting service, delivered in a report, which was read and ordered to lie on the table for the perusal and consideration of the members. Resolved, That the commanding officers of the five Continental regiments raising in this State, be requested to send returns of their respective regiments to this Conven- tion, specifying particularly the number of men enlisted by each officer, to the end this Convention may be informed of the state of the said regiments, and know whether any and which of the said officers have been inattentive to the recruiting duty. Resolved, That the sum of sixteen shillings, exclusive of what may be given by Congress, be allowed to each recruiting officer of the first, second, third, fourth and fifth battalions raising in this State, for every man who shall pass muster, that he hath enlisted or may hereafter enlist, for his expense and trouble in recruiting the same. On reading a letter from Cadwallader Colden, Esquire, directed to and communicated by Mr. Denning, the Con- vention came to the following resolution, to wit : Whereas Cadwallader Colden, Esq. has made applica- tion to this Convention for liberty to remove his family and effects to New-York : Resolved, That Cadwallader Colden, Esq. be permitted on his parol, to repair to Fishkill, to the commissioners, &c. in order to take the benefit of a resolution of the 7th day of March, for discharging persons confined by parole or otherwise for inimical practices against the liberties of the American States, and that the Secretaries take the said parol : and, Ordered, That the Secretaries deliver a copy of the said resolution of the said seventh day of March, for dis- charging persons confined by parol, to the jail keeper of the town of Kingston, and direct him to read the said reso- lutions to the prisoners in his custody, committed as inimi- cal to the liberties of America. On reading an account of sundry articles of clothing purchased by Philip Leek for the use of this State, and Mr. Leek's request that £200 may be paid on account to Major Lockwood, for the use of the said Philip Leek, Resolved, therefore, That £200 accordingly be paid to Major Lockwood, for the use of Mr. Leek, on the Presi- dent's warrant, on account of the said clothing. That Mr. Leek be informed that he send the articleB which he already hath, or hereafter may purchase, for the use of this State, to Mr. John Henry, commissary of clothing for Continental troops in this State, at the store at Fishkill. That this Convention hath already procured a sufficient quantity of shirts, and that no more mittens will be neces- sary, and that he will therefore confine his future pur- chases to blankets, stockings, hats, leather breeches, osnaburgs or other stuff fit for overalls. And that the Secretary transmit a copy of this resolution to Mr. Leek. Resolved, That a committee be appointed to devise ways and means to preserve the corn fields and meadow lands in those parts of Westchester county where the fen- ces have been destroyed by the movements of the armies. Resolved, That the members of Westchester county be a committee for that purpose. DIE MARTIS, 10 ho. a. m. March 11, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, Presidt. Col. Lott, Mr. Duane, Mr. Dunscomb,. Mr. Beekman, Mr. Rutgers, Mr. Denning, Major Van Zandt, Mr. P. Livingston — For New-York. Mr. Hobart, Mr. Wm. Smith— For Suffolk. Col. Allison, Mr. Joseph Smith, Col. Sherwood— For Orange. 830 JOURNAL OF THE PROVINCIAL CGNVENTION Gcnl. Ten Broeck, Mr. Adgate, Mr. John Ten Broeck, Mr. Ganse- voort, Col. V r an Rensselaer, Mr. Cuyler, Mr. Taylor — For .Albany. Mr. Tappen, Mr. Kea, Mr. Canline, Col. Dewit — For Ulster. Major Lawrence— For Queens. Mr. Slevens — For Cumberland. Col. Van Cortlandt, Major Lockwood, Judge Graham, Mr. Mills, Col. Drake, Mr. Morris— For Westchester. Mr. Piatt, Mr. R. R. Livingston, Major Schenk — For Dutchess. Mr. Paris, Mr. Veder, Mr. Newkerk — For Tnjon. Messrs. Tappen and John Ten Broeck, of the com- mittee appointed on the 25th and 28th ulto. to examine John Cummings and others, reported that they had taken the examinations, on oath, of the several persons who they were directed by Convention to examine, and delivered in the following examinations, which were read, viz : 1st. The examination and deposition of Cadwallader Colden, Esquire, taken the 5lh instant. 2nd. The examination and deposition of Hugh Dennis- ton, taken and sworn to the 7th inst. 3rd. The examination and deposition of John Cumming, Esq. sworn to and taken the 8lh inst. 4th. The examination and deposition of Alex. Cruik- shank, sworn to and taken the 10th instant. On motion of Mr. Duane, Ordered, That the Secretaries prepare copies of the said several examinations or depositions, and that they be transmitted to His Excellency, Genl. Washington. Mr. Hobart informed the Convention that it will be ab- solutely necessary for the committee appointed to repair to York Town in Pennsylvania, to set off to-morrow. There- fore, Resolved and Ordered, That Col. Robert Van Rensse- laer be and is hereby appointed a commissioner in the stead of Robert Yates, Esq. (who is absent) to repair to York Town, in Pennsylvania, with Mr. Hobart, pursuant to the resolution of the ?th instant. Major Lockwood, 1st major of the 2nd regiment of mi- litia in Westchester county, delivered in a roll of the names of the several persons in Westchester county who have taken the oath or affirmation of allegiance before him, in obedience to the resolutions of the Representatives of this State of the 27th December last. Mr. Duane (according to order) reported the draft of a letter to the Honourable Congress in answer to the several letters from the President thereof, of the 18lh, 28th and 31st Jany. and 20th February, which was read and ap- proved of, and is in the words following : "Kingston, \ Uh March, 1777. " Sir — I have the honour of your several favours of the 18th, 28th and 31st of January and the 20th of February, which have been laid before the Convention. I am direct- ed to inform you that the Convention are relieved from great anxiety by the prospect which is held up in the reso- lution of the Honourable Congress of the of obtain- ing clothing for their levies. The commissary of clothing for this Stale is instructed to make a return to His Excel- lency General Washington of such necessaries as we have been unable to supply ; and we flatter ourselves that the complaints of the troops on that head will soon be silenc- ed. It gives the Convention great satisfaction that their efforts in the common cause meet with approbation ; and for the particular attention which has been paid to their ad- dress to the inhabitants of this State, you will be pleased to communicate to Congress their thankful acknowledg- ments. " We are sensible, Sir, of the necessity of keeping a constant and full representation at Congress, and can, therefore, only deplore those unfortunate circumstances which have rendered it impossible to do it, consistent with that regard which was due to the general welfare or the more immediate security of this State. Invaded on every side, contending with foreign enemies and intestine foes, and with all the evils of an unsettled and irregular govern- ment, besides the additional cares of contributing to the supply of two armies of the Continental troops, posted within the State, we could not but wish to avail ourselves of the assistance of every gentleman in whom the people reposed a confidence, or who could be useful in keeping up their spirits, counteracting the designs of our enemies, or in framing a government which may give vigour and stability to our present operations, and secure our future happiness and tranquillity ; more especially as our depend- ence on the justice and wisdom of Congress left us no room for apprehending that the absence of our Delegates would be injurious to this State, or the general cause of America. " We have now the pleasure to assure you that from the feeble operations of the enemy in New- York, their circum- scribed posture, and repeated checks in New-Jersey, and the impracticability of their crossing the ice from Canada, our prospects brighten ; that our Constitution is nearly set- tled, and that we hope in a short time to comply with the request of Congress, and to render any future resolutions on that head unnecessary. " I am further directed sir, to assure you that the Con- vention will give the necessary orders for recording the Declaration of Independence of the Honourable Congress, and preserving it among the archives of this State. "The Convention previous to the resolutions of Con- gress, respecting the prices of commodities, and the credit of the paper money, had taken those subjects under consi- deration, and esteem them to be of the utmost importance. Upon this occasion they passed the resolutions enclosed. The letter to the committee of the Massachusetts Bay, in answer to one from Mr. Sullivan, their chairman, copies whereof I have the honour to transmit, contain the reasons on which those resolutions are founded, and our objections to the mode which they have been pleased to adopt. Ear- nestly desirous, however, to cooperate with our sister States in any further expedient which may be thought wise or salutary for preserving the credit of the Continental cur- rency, supplying the army with necessaries, and preventing the growing scarcity and immoderate price of provisions and clothing, the Convention have appointed Deputies to attend the proposed conference, at York, in Pennsylvania, and sincerely wish it may be productive of solid advanta- ges. " I have the honour to be, " With great respect, sir, " Your most obedient humble servt. " To the Honle. John Hancock." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Resolved, That this Convention will grant letters of ad- ministration on the estate of Samuel Patrick, deceased, to any reputable resident within this Colony, able to give the usual and necessary securities for that purpose. And that in the mean time, all monies payable by this Convention to the estate of the said Samuel Patrick, be retained until such administration is granted. John Sloss Hobart, Esq. delivered in an account for the expenses of a committee of Convention sent to Lebanon, by order of Convention, 16 days at 12s. per day, to the 9th of Augt. last, the day of his return, £9 12 0 Also an account of expenses of the Committee sent to Kings county, to secure the stock and grain in the said county from the enemy,... 4 16 0 £14 08 0 Ordered, That the Treasurer of this State pay to J no. Sloss Hobart, Esqr. on his receipt in full for the same, the sum of fourteen pounds eight shillings, for the said two accounts. The committee of Kingston recommended Anthony Turk and Petrus Westfall, for butchers in the town of Kingston, and request a pass may be given to each of them to go into the other counties to purchase cattle and sheep. JOURNAL OF THE PROVINCIAL CONVENTION. 831 Ordered, That the Secretaries or one of them give each of them a pass. Colonel Curtenius delivered in an account of the goods purchased by him for the Continental troops, by order of Convention, which was read and is as follows, to wit : [Ac- count not entered.] Colonel Curtenius also, on request, came into Conven- tion and gave the House information of sundry other arti- cles of clothing, which he could obtain if necessary. There- upon Mr. Curtenius was requested to go to the store at Fishkill, and confer with the storekeeper, and such mem- bers of the late clothing committee as are there, before any further order be made for the purchase of clothing. A copy of a certain vote and minutes of the committee of Ulster county, dated the 1 1th day of February last, cer- tified by Robert Boyd, Junr. chairman, and Corns. C. Schoonmaker, clerk of the said committee, were handed to the President and read. It thereby appears that the said committee have resolved that a draft be made by that com- mittee on the President of Convention of the State of New-York, signed by the chairman and attested by the clerk, in favour of Robert Boyd, Junr. for the sum of six hundred pounds, to be received by him in trust for the county, for which sum he shall account with the committee at their next meeting after he shall receive the same. The said draft on the President of Convention for £600, certified and attested as aforesaid, payable to the said Ro- bert Boyd, accompanied the said vote. Thereupon the President issued his warrant to the Trea- surer in the words following, to wit : " Sir — In pursuance of certain resolutions of the Repre- sentatives of the State of New-York, made and passed in Committee of Safety, on the 14th day of January last past, you are hereby authorized and required to pay to Robert Boyd, Junr. Esquire, on his receipt, the sum of six hundred pounds, for the use of the county of Ulster, and charge the same to the said county." A letter from Cadwallader Colden, Esqr. dated the 9th inst. was read, and the resolution thereon read and agreed to, with the order thereon to the Secretaries to serve a copy of the resolutions of the inst. as follows, to wit : [Not entered.] A letter from Philip Leek, dated 27th February, 1777, as to clothing, was read ; resolution thereon agreed to, as follows : [Not entered.] A resolution that the committee of Westchester devise ways and means, &c. [Not entered.] The committee to whom was referred the letter of Ge- neral Bayley, of the 27th February last, and the papers which accompanied the same, and General Schuyler's letter of the 4th March, brought in their report, which was read. The said letters and the papers which accompanied the same were then read. The said report being then read by paragraphs, after some time spent therein, Ordered, That the said report be recommitted to the same committee, and that Messrs. Duane and Taylor be added to that committee. A letter from Capt. Alexander Hamilton, dated at Mor- ris Town, on the 6th of March, and giving an account of the artillery company raised in this Slate, was read. Ordered, That the said letter be referred to Mr. Cuyler and Mr. Morris. Resolved, That Mrs. Rebecca Patrick and George Leo- nard be appointed, and hereby are appointed, adminis- tratrix and administrator of the estate of Saml. Patrick deceased, on their giving bond to the President of this Convention in the sum of £4000, together with Joshua H. Smith and Robert Boyd, Esquires, bound as sureties there- in, and conditioned for the faithful administration of the said estate, and taking the usual oath of administrators be- fore the said President, which he is hereby empowered to administer. WEDNESDAY MORNING, March 12th, 1777. The Convention met pursuant to adjournment. Present— Brigr. Genl. Ten Broeck, President. Col. Lott, Mr. Phil. Livingston, Mr. Denning, Capt. Rutgers, Major Van Zandt, Mr. Dunscomb, Mr. Beekman, Mr. Duane— For New-York. Major Lawrence — For Queens. Col. Van Cortlandt, Col. Drake, Major Lockwood, Mr. Mills, Mr. Morris — For Westchester. Genl. Ten Broeck, Mr. Gansevoort, Mr. Ten Broeck, Mr. Adgate, Mr. Cuyler, Mr. Taylor— For Albany. Mr. Joseph H. Smith, Col. Sherwood, Col. Allison, Mr. Wisner — For Orange. Mr. Paris, Mr. Veder, Mr. Newkirk — For Tryon. Mr. Smith— For Suffolk. Maj. Parks, Mr. Contine, Mr. Ray, Col. Dewitt, Mr. Tappen— For Ulster. Mr. Henry Schenk, Capt. Piatt, Mr. R. R. Livingston— For Dutchess. Mr. Stevens — For Cumberland. On the application of Lieut. Col. Marinus Willett, of Col. Gansevoort's regiment, by his letter, dated at Fishkill, March 7, 1777, Ordered, That the Treasurer of this State advance to Lieut. Col. Marinus Willett, the sum of eight hundred pounds, on account of bounty money for Col. Gansevoort's regiment ; that he deliver the said sum to Capt. Jansen, (to be by him conveyed to Lieut. Col. Willet,) and charge the same as so much advanced on account of bounty to Colo. Gansevoort's regiment. Messrs. Cuyler and Taylor, who were directed to repair to Genl. George Clinton, Genl. James Clinton, Genl. Mc- Dougall and General Washington, being returned, delivered in their report, as follows, to wit : " That your committee waited on General George Clin- ton, and were informed by him that the obstruction of the navigation is in great forwardness ; a number of frames and blocks are ready for sinking ; the timber for buoying the chain prepared ; and from the forwardness of the work your committee are led to believe the whole will be com- pleted by the time fixed by Genl. George Clinton. The number and weight of artillery required for the works to de- fend the obstruction, the number of men now under Genl. George Clinton's command, together with every other in- formation obtained from him, are in paper No. 1. " Your committee next repaired to Genl. James Clinton, at Fort Montgomery ; received from him returns of the strength of that and the other fortress under his command, to which your committee begs leave to refer you. " Your committee are of opinion, with General James Clinton, that at least one thousand men are required to de- fend Fort Montgomery ; that Fort Constitution, from its disadvantageous situation, may be easily taken, should it be beseiged with artillery. " Your committee waited on Genl. McDougall ; gave him the information they had obtained ; suggested to him the propriety of putting those posts in a proper stale of de- fence ; for his answer to those suggestions and inquiries, directed to be laid before Genl. McDougall, we refer you to paper No. 2. " Your committee next wailed on General Washington ; laid before his Excellency the information they had ob- tained ; mentioned the impracticability of calling out the militia of this State ; assigned the reasons ; hinted to His Excellency the propriety of appointing a discreet and vigi- lant officer to command the posts in the Highlands ; ob- served to him that the Convention esteemed General James Clinton as a brave officer — a gentleman willing to obey every order from his superior — one who would appear to more advantage in the field than in a garrison ; that a more active officer ought to command so important a pass as the Highlands. Your committee mentioned to His Excel- lency that it was the wish of Convention that General George Clinton might be appointed, with the advantages 832 JOURNAL OF THE PROVINCIAL CONVENTION. that would result from such an appointment. Your com- mittee mentioned to His Excellency the impossibility of Erocuring cannon for the frigates in this State, or at Salis- ury, in any convenient time ; that from the information of Henry Livingston, and other corroborating circumstances, Convention were led to believe the enemy intends pene- trating up Hudson's river, in which case those frigates, if properly fitted, would be of the utmost importance. "His Excellency answered, that it was out of his power to appoint general officers ; that he had the highest opinion of General George Clinton's abilities ; that nothing on his part should be wanting to forward the wishes of Conven- tion in respect to that gentleman ; that the same complaint prevailed to the southward, in respect to cannon, as with us ; that he would answer us more fully, and appointed a time for that purpose. " Your committee waited on His Excellency at the time appointed, and were informed that he could not be seen — being taken ill the day before with a fever, which obliged him to keep his room. " Your committee had an interview with General Green, who was directed by His Excellency to confer with us on the subject. "Your committee laid before General Greene the infor- mation they had collected at the different posts on their route, and mentioned such other matters as are herein be- fore recited. General Greene said, as General Washing- ton before, that no cannon could be procured to the south- ward ; that as many as were necessary for the works to defend the obstructions in the river, might be had in the State of Rhode- Island ; that he was well assured from the best intelligence, the enemy would not attempt penetrating up Hudson's river ; that the manning the frigates would much impede the completing of our regiments, the facili- tating of which he most earnestly recommended to Con- vention ; that he ardently wished for General George Clin- ton's appointment in the army ; that General Washington stood ready to forward an application to Congress from Convention, in behalf of that gentleman. General Greene was of opinion that a number of light boats ought to be built, likewise, six or eight scows, for transporting artillery, stores, &c; that although His Excellency could not give orders for the same, yet he conceived that an application to Congress would delay that necessary business, and was therefore of opinion that Convention ought to take up that matter immediately. " Your committee are informed that four regiments of light horse are raising, consisting of two hundred and fifty men each, which appears to be very necessary." Paper No. 1, referred to in the foregoing report, is mis- sing. Paper No. 2, referred to in the foregoing report. " The posts in the Highlands will be put in the best posture of defence in my power ; they are an object of my particular attention. " The strength of the troops under my command, con- sists of 588 rank and file, Bay militia, whose term of ser- vice expires the 15th March. The four York regiments now at Fishkill, 478 rank and file, by return of the 8th of February, but have reason to believe their strength is increased since that. " Col. Debois's regiment is ordered to garrison Fort Montgomery, as the time of service of the late garrison expired the 1st of March. Col. Livingston is under march- ing orders, to reinforce the troops at Westchester, if it should be absolutely necessary. Col. Van Cortlandt and Col.Gansevoort, will be ordered to hold themselves in readi- ness to march on the shortest notice, to relieve the militia at this post and Fort Constitution, when their time of ser- vice expires. The troops who were in the lower part of Westchester county, and now in that neighbourhood, consists of 600 Connecticut militia, who are now at Rye, and 160 of the York militia, at Mr. Stephen Ward's house. The number of men necessary for the defence of the passes of the Highlands, depend on the force which may come to attack ihem. " I shall keep General Washington continually advised of the state of the forts and passes ; and I am confident he will give them all the security in his power. The ene- my cannot make a movement towards those posts without giving us many days' notice. "ALEXR. McDOUGALL, B. Genl" The said report being read, was committed to Mr. Robt. R. Livingston, Mr. Cuyler and Mr. Taylor. On application of Colonel Philip Van Cortlandt, bv let- ter, dated Fishkill, March 10, 1777, Ordered, That the Treasurer of this State advance to Col. Philip Van Cortlandt, the sum of one thousand pounds on account of bounty for his regiment. That the Treasurer deliver the said sum to Mr. Levi De Witt, agreeable to Col. Van Cortlandt's desire, to be by him conveyed to Col. Van Cortlandt, and take his receipt for the same. Col. Van Cortlandt in his said letter, requests colours for his regiment. Ordered, That the colonel be informed that there are no colours provided for his regiment, but that orders will be given for the purpose. Ordered, That Col. Curtenius be directed to procure a set of colours for Col. Van Cortlandt's regiment. An account of Robert Boyd, Junr. and Samuel Brew- ster, dated the 10th of March instant, for six days' attend- ance of Robert Boyd, Jr. and two days' attendance of Sa- muel Brewster, on the business of estimating every thing on the ground at the Forest of Dean furnace, and making a report of the same, at 20s. per day, amounting to £8, was exhibited for payment. Thereto is subjoined a certi- ficate of Benjn. Newkirk and Mat. Adgate, two of the committee for auditing accounts, that they have examined the said account, and do allow the sum of eight pounds to Messrs. Boyd and Brewster. Ordered, That the Treasurer of this State pay to the said Robert Boyd, Junr. and Saml. Brewster, or one of them, the sum of eight pounds in full for the said account. An account of Benjamin Elmendorph, against the State of New-York, dated the 27th February, for four days' riding to Dutchess county, to summon members of Conven- tion to attend, amounting to four pounds, was exhibited for payment. Thereto is subjoined a certificate of the said committee for auditing accounts, that they have examined the said account, and do allow the sum of four pounds to Benjamin Elmendorph. Ordered, That the Treasurer of this State pay to the said Benjamin Elmendorph, the sum of four pounds on his receipt in full, on said account. An account of Abraham Heermance, against this State, dated the 28th February, 1777, for four days' riding to Fishkill, to the printing office, to procure handbills, to be reprinted, of the resolutions appointing a fast day. There- to is subjoined a certificate of the said committee for audit- ing accounts, that they have examined the said account, and do allow the same. Ordered, That the Treasurer of this State pay to the said Abraham Heermance, the sum of four pounds on his receipt in full, on said account. A letter signed Daniel Wood and Richard Johnson, dated 6th February, directed to Benjn. Tusteen, chairman of the committee of Goshen precinct, informing him that agreeable to the request of the committee, they superin- tended the election of officers for the militia company at Pechunck, to wit : Increase Holley, capt. ; David Rogers, 1st. lieut. ; James Wright, 2nd. lieut. ; Charles Knap, ensign. Another letter signed John Beggar and Coe Gale, dated Florida, Feb. 25, 1777, directed to Benjamin Tusteen, chairman of Goshen precinct committee, informing him JOURNAL OF THE PROVINCIAL CONVENTION. 833 that they had, agreeable to the request of the said commit- tee, superintended the election of militia officers for the Florida company in Col. Hathorn's regiment, to wit: John Sayrs, captain; John Kenedy, 1st lieutenant; Richard Bayley, 2nd. lieutenant ; John Wood, ensign. Both the said letters were handed into Convention by Colonel Allison, who requested that commissions issue thereon. Ordered, That the commissions issue to the aforemen- tioned officers. A list of officers nominated in Sterling company before Richard Edsall and John Biggard, two of the precinct committee on the 3rd Feby. 1777, was handed in by Co- lonel Allison, to wit : Henry Townsend, captain ; Wm. Fitzgerald, 1st lieutenant ; Elisha Bennet, 2nd lieutenant; Joseph Conklin, ensign. Ordered, That a letter be written to Colonel Hathorn, requesting him to transmit to Convention a true state of this company, and that Capt. Piatt draft the letter. Capt. Plait reported a draft of a letter to Col. Hathorn, which was read and approved, and is as follows, to wit : " Sir — Enclosed is a resolution requiring you to trans- mit a true statement of the Sterling company of militia in your regiment, in doing which you will please to have re- gard to the political characters of said company ; also the reasons of a new choice of officers in said company, and of their attachment to the American cause, and suggest whether the public cause will not be as well served by breaking up that company, and joining it to the neighbour- ing districts. " To Col. Hathorn." Ordered, That the same be transmitted. " Whereas this Convention did by a resolution of the 11th instant, appoint Mrs. Rebecca Patrick and George Leonard, administratrix and administrator of the estate of Samuel Patrick, deceased, on their giving bond to the President of this Convention, in the sum of £4000, to- gether with Joshua H. Smith and Robert Boyd, Esquires, bound as sureties therein, and conditioned for the faithful administration of the said estate, and taking the usual oath of administrators before the said President : And whereas it is represented to this Convention that from the indispo- sition and distant abode of the said Rebecca Patrick, her attendance on the President of this Convention will be at- tended with extreme difficulties. Therefore, Resolved, That so much of the said resolution as re- lates to her taking the said oath before the said President be dispensed with, and that she take the usual oath of ad- ministratrix before Elihu Marvin, Esq. chairman of the committee of Orange county, who is hereby empowered to administer the same. The committee for preparing and reporting a form or plan of government, brought in their report, which was read by Mr. Duane in his place, and delivered in at the table, where the same was again read. Mr. Adgate then moved, seconded by Major Schenk, that the said plan of government lie on the table four days for the perusal of the members, and that they be at liberty to take copies thereof. The question being put thereon, was carried in the ne- gative. On motion of Colonel De Witt, Ordered, That the said plan of government lie on the table till to-morrow morning, and that the same be then taken inlo consideration. On motion of Mr. Robert R. Livingston, Ordered, That one of the Secretaries attend in this room at four o'clock this afternoon, with the said plan of govern- ment, and read it to any of the members who shall choose to attend. A petition of the committee of Kingston, setting forth that the Continental troops are frequently passing and re- passing through Kingston ; that the want of an hospital for the sick, and of power to impress wagons for the trans- 209 poitation of the sick are great inconveniences to the said committee ; thereupon, Resolved and Ordered, That the committee of the town of Kingston, be and hereby are authorized and empowered to impress a sufficient number of wagons to transport the sick of Colo. Dayton's regiment raised in New-Jersey, and that the said petition be committed to Capt. Piatt, Major Schenk and Colonel Allison. The committee for auditing accounts, reported that they have examined the accounts of the Honourable Philip Liv- ingston, Esquire, with this State, together with the vou- chers attending the same, and that they find a balance of four thousand one hundred and forty-five dollars due from Mr. Livingston to this State. The said several accounts and vouchers were respec- tively read, and are as follows : " The Honourable the Convention of the State of New-York, in account current with Philip Livingston : CR. 1776, Sept. By cash received from the Continental treasury on their account, by order of Congress, $6,700 DR. 1776. Oct. 7. To cash paid Colo. Wm. Floyd, for which he is to account wilh the Convention, as per his receipt, $650 " 19. To cash paid Jonathan Tuthill, on account of the tories sent to Philadelphia, for which he is to account with Convention, as per his re- ceipt, 60 Nov. 6. To cash paid Francis Lewis, Esqr. for which he is to account with Convention, as per his re- ceipt, 748 Dec. 9. To cash paid Colo. Floyd, as per receipt, for which he is to account, 325 " 20. Retained in my hands my allowance for attend- ing Congress, as per my account and receipt herewith delivered 772 $2,555 Balance in my hands due to the Convention, . . 4,145 $6,700 " PHIL. LIVINGSTON. "Kingston, March 11, 1777. " ' Phila. 7th Octor. 1776. Received the sum of 650, say six hundred and fifty dollars, being part of the sum of 6,700 dollars, advanced by Congress to the State of New- York, for which I am to account with the Convention of that State. « Per WM. FLOYD.' '"Phila. 19th Octobr. 1776. Received of Philip Liv- ingston sixty dollars, being for moneys disbursed and to be disbursed for the tories sent to Phila. by order of the Con- vention of the State of New-York, and for the men who were sent under my command to guard them ; for which sum I am to account to the Committee who sent the said tories to this State ; for which same sum I have signed two receipts. 'JONATHAN TUTHILL.' "'Phila. November 6, 1776. Received the sum of 748 dollars, say seven hundred and forty-eight dollars, being part of the sum of 6,700 dollars advanced by Congress to the State of New-York, for which I am to account with the Convention of that State. 'Per FRANS. LEWIS.' " ' Phila. Deer. 9, 1776. Received the sum of three hun- dred and twenty-five dollars, being part of the above sum of money, to be accountable to the Convention of the State of New York. ' 225 dollars.' 'WM. FLOYD.' " 1776. The Honble. Convention of the State of New-York, To Philip Livingston, DR. To his allowance for expenses attending Congress, from 11th June to the 20th Deer, is 193 days, at 4 dollars per day,. . . $772 "Kingston, the 11th March, 1777. Received the above sum in account this day, per me, "PHIL. LIVINGSTON." 831 JOURNAL OF THE PROVINCIAL CONVENTION. Resolved, That this Convention doth agree with their committee in the said report. And, Ordered, That Mr. Livingston pay the said balance of 4 145 dollars into the treasury of this State, and that the said accounts and vouchers be filed with the Treasurer. THURSDAY MORNING, March 13th, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Capt. Rutgers, Mr. Duane, Mr. Beekman, Mr. Phil. Livingston, Mr Denning, Major Van Zandt, Mr. Dunscomb, Col. Lott -For New-York Mr. Wisner, Mr. Smith, Colo. Sherwood, Col. Allison— For Orange Mr. Morris, Col. Drake, Judge Graham, Col. Van Cortlandt, Major Lockwood, Mr. Mills — For Westchester. Genl. Ten Broeck, Mr. Gansevoort, Mr. Adgate, Mr. Cuyler, Mr. Tayler — For Albany. Major Lawrence — For Queens. Mr. Stevens— For Cumberland. Mr. Smith— For Suffolk. Mr. Rea, Major Parks, Major Tappen, Col. De Witt— For Ulster. Mr. Jas. Livingston, Mr. Gilbert Livingston, Capt. Plait, Major H. Schenk, Mr. R. R. Livingston — For Dutchess. Mr. Paris, Mr. Veder, Mr. Newkerk— For Tryon. A letter from Henry Quackenboss, dated Albany, 10th March, enclosing an account amounting to £283 13s. for a quantity of stockings by him purchased pursuant to the resolution of Convention, for the use of the troops, was read. Ordered, That the said account be referred to the com- mittee of accounts. A letter from Henry Quackenboss, chairman of the com- mittee of the district committee of Rensselaerwyck, directed to Brigr. Genl. Ten Broeck, and dated March 6, setting forth that there are by resignations, &c. many vacancies in the militia of that district, and requests the General to pro- cure thirty blank commissions to be filled by the said com- mittee, was read. Ordered, That thirty blank commissions be sent to the committee of Rensselaerwyck to be by the said committee filled up. The petition of John Griffiths and Robert Boyd, Junior, requesting an exemption of forty men to work at the fur- nace of the Forest of Dean, and an order to be supplied with powder, flour, bran, pork, molasses, rum, &c. &c. was read. Odered, That the same be committed to Col. Lott, Mr. Joseph Smith and Mr. Gilbert Livingston. The order of the day being read, the House proceeded to the consideration of the report of the committee on the plan of government, the same was read. John Dumont, Esq. chairman of Kingston committee, informed the House that 5^ tons of gunpowder are arrived in this town from Philadelphia, to be forwarded to Albany for the northern department, and requests the advice of Convention. Ordered, That Col. De Witt and Major Tappen be a committee to assist the committee of Kingston, and that they take such measures with respect to the said powder, as they may think necessary. The first clause of the plan of government was read, and being again read, and the question put thereon, was agreed to. Mr. Morris then moved and was seconded, that every member who shall dissent from his county on any section, or part of the said form or plan of government, have leave to enter his dissent, with the reasons of such dissent; that such reasons be entered at length on the minutes, but not published. Mr. R. R. Livingston moved and was seconded, that the sense of the Convention be taken, whether the said motion of Mr. Morris is not irregular. The question being put thereon, was carried in the negative. Mr. Morris then moved in the same words as before, to wit : that every member who shall dissent frm his county, or any section or part of the said form or plan of govern- ment, have leave to enter his dissent, with the reasons thereof, and that such reasons be entered at length on the minutes, but not published. Debates arose thereon, and the question being put, it was carried in the negative, in the manner following, to wit: For the Negative. Westchester, 4 Mr. Morris dissenting. New-York, 8 Albany, 6 Ulster, 4 22 For the Affirmative. Orange 3 Dutchess, 5 Mr. Gil. Livingston, and Mr. Jas. Livingston dis- senting. Tryon, 3 11 The second section was then read. Mr. Joseph H. Smith then moved and was seconded by Colonel Sherwood, that the word " two" be obliterated, and the word " three" there inserted, so that it may read, "in three seperate and distinct," &c. and assigned as a rea- son, that the Governor may be added as a third branch of the Legislature. Debates arose thereon, and after much time spent therein, on motion of Mr. Wisner, seconded by Mr. Duane, Ordered, That the question on Mr. Smith's motion be postponed until the next meeting of the Convention. Adjourned till 4 o'clock this afternoon. Thursday Afternoon, March 13, 1777. Present, as in the morning, with the addition of Major Webster, from Charlotte. The Convention met pursuant to adjournment. The second section of the form of government was again read. Mr. Joseph H. Smith's motion of this morning, which he now reduced to writing, was again read, in the words following, to wit : " I move that the word • two' be obliterated, and the word ' three' substituted in its place ; that the Governor may have a negative upon all laws passed by the Senate and Assembly." Debates again arose there- on : Thereupon, Mr. Duane moved for the previous question, and was seconded, which was carried in the affirmative, to wit : that the question on Mr. Smith's motion be not now put. Mr. Morris moved, and was seconded by Mr. Joseph H. Smith, that between the words " vested in" and the word " two," the words " a governor and," be inserted ; and that at the end of that section, the following words be added, to wit : " provided that the governor shall have no power to originate or amend any law, but simply to give his assent or dissent thereto." Mr. Piatt then moved, and was seconded, that the con- sideration of the amendment last moved for, and the fur- ther consideration of the said second paragraph, be post- poned till to-morrow, which was unanimously agreed to, and ordered accordingly. The third section was then read and agreed to. The fourth section was then read. After many debates thereon, on motion of Mr. Duane, who was seconded, Ordered, That the further consideration thereof be post- poned till to-morrow. A letter from John Cumming, Alexander Cruikshanksand Hugh Denniston, dated this day, was read. Thereupon, Ordered, That John Cummings and Alexander Cruik- shanks be sent under guard of Lieut. Bleecker and his party, to the commissioners at Fishkill, and that their ex- aminations and the examination of Hugh Denislon be sent to the commissioners at Fishkill by the officer of that guard. And Ordered, That the Secretaries, or one of them, be, and hereby are, authorized and direclcd lo administer the oath of allegiance to Hugh Denislon, as soon as the said Cumming and Cruikshanks are gone from this place, and JOURNAL OF THE PROVINCIAL CONVENTION. 835 that on his taking the said oath of allegiance he be dis- charged. Whereas Anthony Rutgers and Benjamin Newkirk, Esquires, were on the 10th instant appointed a committee for the purpose of procuring anchors and cables for the public use, with a power to take as many from on board any vessels in Hudson's river as may be spared, paying the owners thereof for the same, and to send them down to Brigadier-General George Clinton, at New- Windsor ; and the business of this House requiring the constant at- tendance of all its members, therefore, Resolved, That those gentlemen be discharged from the said business, and that Messrs. Henry Benson and Cor- nelius Johnson be, and they are, hereby appointed com- missioners, with the like powers of the said committee for executing the said business, and that they be requested to proceed with the utmost despatch. A letter from Robert Boyd, Esquire, chairman of the committee of Ulster county, relative to Abraham Brincker- hoff, charging him with propagating a seditious paper, was read, and committed to the members of Orange county. The petition of David Close and Alexr. Kidd and oth- ers, on behalf of Malcom Morrison and others ; and also the petition of Matthias Smith, Frederick Rover and others, and the petition of Daniel Chase and oth- ers, and the petition of Enoch Hodge and others, per- sons confined as enemies to the liberties of America, and praying to be relieved from their present confinement, were respectively read. Thereupon, Resolved, That a committee be appointed to inquire into the circumstances of the prisoners now confined at Kingston, and to administer the oath of allegiance, and to discharge such of them as may appear to be within the in- tention of the resolutions of the day of as well as to carry the said resolutions into execution, where the prisoners, other than those who are confined for con- veying intelligence to, or furnishing the enemy with pro- visions, &c. &c. shall be unwilling to take such oath, and that the aforementioned petitions be referred to the said committee. Resolved, That Capt. Piatt, Major Lawrence and Mr. Duane, be the committee. A letter from Elihu Marvin, Esq. chairman of the com- mittee of Orange county, informing that there are several prisoners in the jail of said county, as inimical to the American cause, and that there is great reason to appre- hend that attempts have been and will be made to rescue them ; that for the present a guard of militia is placed over them, and therefore requests that 12 or 14 soldiers be sent to guaid them. Ordered, That the said letter be referred to the com- missioners for detecting conspiracies, &c. Major Henry Schenk, a member, informed the House that he is appointed an agent by the Commissary-General of the Continental army, to purchase and procure flour and grain for the use of the said army ; that he has purchased large quantities of each article ; that the cash advanced him by the said Commissary is expended, and that the said Commissary is now gone into the State of Connec- ticut. Mr. Schenk therefore requests, lest the public service may suffer, the loan of 3,000 dollars on the credit and account of the said Commissary. Therefore, Ordered, That the Treasurer of this State advance to Major Henry Schenk, agent to the Commissary-General of the Continental army, on the credit and account of the said Commissary-General, the sum of three thousand dollars, and take Major Schenk's receipt in behalf of the said Com- missary-General, for the same. A warrant granted by Johs. Sleght, Esquire, of King- ston, one of the justices of this State, dated the 4th in- stant, issued against Hendrick States, of Sagerties, charg- ing him with having felonously stolen a quantity of steel and a number of raw hides, belonging to the State of New- York was delivered to the chair and read. Convention was informed that the said Hendrick States had absconded ; that part of the moneys for which the said steel was sold, is yet unpaid ; and that the said Hendrick Staats has a sloop and other property which if seized, might probably compensate this State or the UnitedAmerican States, for the value of the said steel and hides. Ordered, That Mr. Gilbert Livingston and Major Lock- wood, be a committee to take the said warrant, and con- sider of the information given, inquire into the premises and report thereon. FRIDAY MORNING, March Uth, 1777. The Convention met pursuant to adjournment. Present — Brigr. Gent. Ten Broeck, President. Mr. Duane, Major Van Zandt, Mr. Phil. Livingston, Capt. Rutgers, Mr. Denning, Col. Lott, Mr. Dunscomb — For New-York. Major Lawrence — For Queens. Genl. Ten Broeck, Mr. Gansevoort, Mr. Tayler, Mr. Adgate — For Albany. Mr. Wisner, Mr. Jos. Smith, Col. Sherwood, Col. Allison — For Orange. Mr. Smith— For Suffolk. Major Tappen, Major Parks, Mr. Ray, Col. Dewitt— For Ulster. Major Webster — For Charlotte. Mr. G. Livingston, Mr. Jas. Livingston, Mr. Piatt, Mr. Henry Schenk, Mr. R. R. Livingston— For Dutchess. Mr. Paris, Mr. Veder, Mr. Newkirk — For Tryon. Mr. Morris, Col. Van Cortlandt, Col. Drake, Mr. Mills, Major Lock- wood, Judge Graham— For Westchester. Mr. Stevens — For Cumberland. A petition of Wm. Thorn, setting forth that if Conven- tion will permit Enoch Hogg, Daniel Chase and his son Talman, to go down to the commissioners at Fishkill, he will take the charge of and engage to see them safely de- livered before the said commissioners in any reasonable time that the Convention shall appoint ; a certificate signed Jesse Woodhull, Colo, recommending him as sufficient bail for that purpose ; and the petition of Thos. Briggs and others confined in Kingston jail, were respectively read. Thereupon Resolved, That the said petition, together with all the petitions which have been received from the prisoners con- fined in Kingston jail, be referred to the commissioners for inquiring into, detecting and defeating all conspiracies, &c. and that the Secretary transmit the said petitions to the said commissioners. Resolved and Ordered, That the committee formerly appointed to employ riders and establish a correspondence between Fishkill and General Washinglon's Head-Quar- ters, do employ as many riders as may be necessary for conveying intelligence between this place and Head-Quar- ters twice a week ; and that the said committee do employ a proper person at Head-Quarters to communicate intelli- gence ; and Ordered, That Mr. Morris be added to the said com- mittee. The petition of Thomas Fisher, late of New-York, now residing at Poughkeepsie, setting forth that all his estate is in England ; and praying permission to withdraw with his family and effects to the city of New-York, to embark for England, was read. Thereupon the House came to the following resolution : Whereas Thomas Fisher, an inhabitant of this State, claiming to be a subject of the King of Great Britain, hath by his petition to this Convention prayed leave to re- move with his family and effects to the city of New-York. Resolved, That permission be and is hereby given to the said Thos. Fisher, his wife and his brother, to remove with their apparel, and the household furniture, and negio wench, of the said Thomas Fisher, to the said city ; and the committee of Poughkeepsie, are requested to see this resolution strictly executed ; and to administer an oath to 836 JOURNAL OF THE PROVINCIAL CONVENTION. the said Thomas Fisher, his wife and brother, that they will not communicate any intelligence to the enemy, nor convey any letters but such as shall be first shown to and inspected by the said committee. A petition of Henry Wooden, dated at Poughkeepsie, on the 7th instant, setting forth his innocence ; that he is a friend to the American States, and ready to comply with any thing directed by the Convention, was read. Ordered, That the said petition be referred and trans- mitted to the commissioners appointed by Convention for detecting and defeating all conspiracies, &c. formed in the State of New-Yoik, now sitting at Fishkill. The House proceeded to the consideration of the plan of government. The second paragraph thereof was read, and Mr. Mor- ris's motion of yesterday afternoon, for an amendment to the second section, which was postponed until this morn- ing, was again read. After many debates thereon, the clause as it now stands, and also the clause as it will read with the amendments, were read ; and the question being put there- on, it was carried in the affirmative, in manner following, viz : For the amendment. Against the amendment. Dutchess, 5 Tryon, 3 Major Schenk dissents. Ulster, 4 Albany, 6 — Mr. Adgate dissents. 7 New-York, 8 — Orange and Westchester, 19 each equally divided. The clause being therefore amended as before mentioned, and again read, and the question being put thereon, it was carried in the affirmative in the manner following, to wit : For the affirmative. For the negative. New- York, 8 Tryon, 3 Dutchess, 5 Ulster, 4 Maj. Schenk dissenting. Mr. Tappen dissenting. Albany, 6 — Mr. Adgate dissenting. 7 — Westchester and Orange, 19 each equally dvided. Friday Afternoon, March 14, 1777. The Convention met pursuant to adjournment. Present — Brigr. General Ten Broeck, President. Mr. Dunscomb, Mr. Denning, Mr. Rutgers, Mr. Beekman, Col. Lott, Mr. Duane, Major Van Zandt, Mr. Philip Livingston — For New- York. Major Lawrence — For Queens. Major Webster — Charlotte. Mr. Rea, Col. De Witt, Major Lockwood, Major Tappen — For Ulster. Genl. Ten Broeck, Mr. Tayler, Mr. Adgate, Mr. Gansevoort, Mr. Cuyler — For Albany. Col. Allison, Mr. Jos. Smith, Col. Sherwood, Mr. Wisner — For Orange. Mr. Stevens — Cumberland. Mr. Morris, Col. Van Cortland t, Col. Drake, Mr. Mills, Major Lockwood, Judge Graham — For Westchester. Mr. Smith— For Suffolk. Maj. H. Schenk, Mr. Piatt, Mr. Jas. Livingston, Mr. Gilbert Living- ston — For Dutchess. Mr. Paris, Mr. Veder, Mr. Newkirk — For Tryon. The order of yesterday afternoon as to the 4th paragraph, was read. The 4lh paragraph was then read. On motion of Mr. Duane, seconded by several mem- bers, Ordered, That the consideration of the 4th paragraph be postponed till to-morrow. The 5th paragraph was then read; and being read a se- cond lime, Mr. Morris moved, and was seconded by Mr. Dunscomb, to strike out the words, " by ballot," and to substitute the words " according to," and to strike out the words " shall continue to have their full effect." Debates arose thereon, and the question being put there- on, it was carried in the affirmative, in manner following, to wit : Against the amendment. Ulster, 4 Tryon, 3 Dutchess, 5 12 For the amendment. Westchester, 4 Major Lockwood and Mr. Mills dissenting. Albany, 6 New-York, 8 Messrs . Beekman and Lott dissenting. — Orange equally divided. 18 The said 5th paragraph being then amended accordingly and read, Mr. R. R. Livingston moved, and was seconded, that between the word "by" and the words " a future," the words " this Convention or," be inserted. Debates arose thereon, and after some time spent there- in, Mr. Livingston had unanimously leave to withdraw his motion. Mr. L'hommedieu came into Convention, and took his seat as a Deputy of Suffolk county. The said paragraph as before amended, being then read, and the question put thereon, it was carried in the affirma- tive in the manner following, to wit : For the affirmative. For the negative. Westchester, 4 Dutchess, 5 Major Lockwood and Mr. Tryon, 3 Mills dissenting. Ulster, 4 Albany 6 New-York, 8 12 18 Orange divided. Mr. William Harper came into Convention, and took his seat as a Deputy of Tryon county. The 6th paragraph was then read, and by order read a second time. Mr. R. R. Livingston moved, and was seconded by Mr. Morris, that between the word " resided" and the word " therein," the words " and rented a tene- ment," be inserted. Debates arose thereon, and the question being put, it was carried in the affirmative, in manner following, to wit : For the amendment. Against the amendment. Dutchess, 5 New- York, 8 Westchester, 4 Orange, 3 Ulster, 4 Tryon, 3 Albany, 6 Mr. Gansevoort dissents. 25 On motion Resolved unanimously, That the further consideration of the sixth paragraph be postponed. SATURDAY MORNING, March 15th, 1777. The Convention met pursuant to adjournment. Present— Brigr. General Ten Broeck, President. Mr. Philip Livingston, Mr. Rutgers, Colo. Lott, Mr. Denning, Mr. Dunscomb. Major Van Zandt, Mr. Beekman — For New-York. Major Lawrence — For Queens. Major Webster — For Charlotte. Major Tappen, Mr. Ray, Col. De Witt, Major Parks— For Ulster. Genl. Ten Broeck, Mr. Gansevoort, Mr. Ten Broeck, Mr. Cuyler, Mr. Adgate, Mr. Tayler— For Albany. Mr. Joseph Smith, Colo. Sherwood, Mr. Wisner, Col. Allison— For Orange. Mr. Stevens — For Cumberland- Mr. Mills, Col. Drake, Maj. Lockwood, Judge Graham, Mr. Morris— For Westchester. Mr. Smith, Mr. L'hommedieu— For Suffolk. Mr. Gilbert Livingston, Mr. Jas. Livingston, Major H. Schenk, Capt. Piatt — For Dutchess. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk— jFor Tryon. JOURNAL OF THE PROVINCIAL CONVENTION. 837 The committee to whom was recommitted the report of the committee on the letter of General Bayley, of the 26th February, and of General Schuyler, of the 4th March, on the subject of Hoisington's rangers, reported the following resolutions, which were read, and the consideration thereof postponed. The said resolutions are as follows, to wit : Resolved, That, considering the present state of the counties of Gloucester and Cumberland, the rangers raised in the said counties under the command of the late Major Joab Hoisington, ought to be continued in service, provided they will agree to serve in the manner directed by the reso- lutions of Convention by which they were ordered to be raised, to wit : to be subject to be employed for the sup- port of the common cause of America, in such manner as the Convention or future Legislature of this State shall think proper ; that, for this purpose, the said compa- nies shall be mustered by the commissioners hereinafter named, and such of the said soldiers as shall be willing to continue in the service upon the said terms, shall subscribe an enlisting roll to that effect, and the commissioners shall thereupon appoint one lieutenant for every thirty of the said men, and one captain for every two lieutenants ; and that such of the said soldiers as shall refuse to serve in manner above directed, be discharged, paying them respec- tively one-half of the bounty allowed by the Convention to such as should engage to serve during the war, together with pay and subsistence for the time they were employed in actual service. Resolved, That Brigadier-General Jacob Bayley, John Sessions and James Clay, Esquires, be appointed commis- sioners as well for the purposes aforesaid, as to examine into and state the sums due to the officers and privates of the said companies respectively, according to their actual services and the terms herein before expressed, and to re- port the same to this Convention or future Legislature, that provision may be made for payment thereof, furnish- ing at the same time pay and subsistence rolls, attested on oath by the commanding officer of each company before the said commissioners, or one of them, containing the names, times of enlistment and services of the officers and privates of the said companies respectively. Resolved, That two dollars per day be allowed to each of the said commissioners for their trouble and expenses while actually employed in the services before directed by these resolutions. Resolved, That the company employed by General Bayley on the northeastern frontiers of this State as scout- ing parties and guards, ought to be paid agreeable to the contract made with them by General Bayley, and that the pay and subsistence roll of the said company be referred to the committee for auditing accounts, to be adjusted, and by them reported upon. Resolved, That a letter be written to General Bayley by the President, enclosing the above resolutions. On motion of Mr. Wm. Smith, Resolved and Ordered, That a messenger be sent to Mr. Miller, Mr. Gelston and Mr. Tredwell, and require their attendance at Convention without delay. On motion of Col. De Witt, Resolved, That the other absent members be sent for to attend Convention. Colonel De Witt then moved that the names of the ab- sent members be called over, and that such of them as in all probability can or will attend, be sent for. On motion of Mr. Morris, Ordered, That the further consideration of sending for the absent members, (those of Suffolk county above men- tioned excepted) be postponed till Monday next. Mr. L'hommedieu had leave of absence, and is to carry the summons for Messrs. Miller, Gelston and Tredwell. A letter from Peter Colt, agent under Mr. Joseph Hal- lett, for the sale of the prize goods taken by the sloop of war Montgomery, dated the 11th day of March, and re- 210 questing directions as to the distribution of the amount of the prize money, was read. Ordered, That the said letter be committed to Capt. Piatt, Mr. Rutgers and Major Lawrence. A ration roll of the ship joiners on board the Continental ship Congress, from the 20th December, 1776, to the 14th Feby. 1777, it being an allowance to them made by the Committee of Safety on the 20th December, 1776, on ac- count of the dearness of provisions and other necessaries of life ; the said roll amounting to £32 lis. 7fc/. is sworn to by Mr. John Child, clerk of the Continental ship Con- gress, and audited by the committee of accounts, was de- livered in and read. One other ration roll of the Continental ship Congress, from the 20th December, 1776, to the 14th February, 1777, it being an allowance made by the Committee of Safety on the 20lh December, 1776, on account of the dearness of provisions and other necessaries of life ; the said roll amounting to £25 lis. lOd. is sworn to by Mr. John Child, clerk of the said ship, and audited by the committee of accounts, was delivered in and read. An account of the ship carpenters, ship joiners, riggers and labourers employed on board the Continental ship Con- gress, in transporting said ship from Poughkeepsie to Eso- pus Landing, and mooring her there, for which they demand each four nights' wages ; the said account amounting to £49 14s. is certified to by Mr. John Child, clerk to said ship, and audited by the committee of accounts, was de- livered in and read. A pay roll of the ship carpenters on board the Continen- tal ship Congress, from the 14th February to the 8th of March, amounting to £9 6s. 6^. which was allowed them in addition to their former wages (in lieu of rations) by re- solution of the Committee of Safety, on the 14th Febru- ary, 1777 ; the said roll is sworn to by Mr. John Child, clerk of the said ship, and audited by the committee of accounts, was read. And thereupon, Ordered, That the Treasurer of this State pay unto Mr. Stephen Seaward the sum of £32 lis. 7fcZ. in full for the ration roll of the ship joiners on board the Continental ship Congress, from the 20lh December, 1776, to the 14th Fe- bruary, 1777. Also, the further sum of £25 lis. lOd. in full for the ration roll of the shipwrights on board the said ship, from the 20th December, 1776 to the 14th February, 1777. Also, the further sum of £49 14s. in full for an account of the shipwrights, joiners, riggers and labourers employed in transporting the ship Congress from Pough- keepsie to Esopus Landing. And also, the further sum of £9 6s. 6d. in full for the pay roll of the shipwrights on board the said ship, from the 14th February to the 8th March, 1777. The committee to whom was referred, on the 11th inst. the petition of the committee of Kingston on the subject of an hospital, &c. &c. delivered in their report, which was read, amended and agreed to : Thereupon, Resolved, That the several different committees within the county of Ulster, and the northern parts of Orange, are hereby authorized and empowered, whenever they shall judge it necessary for the advancement of the public ser- vice, that the chairman of either of the said committees, with the advice of any three members, to issue his war- rant to one of the constables within their respective dis- tricts, to impress such number of horses and wagons as they shall judge necessary. Resolved, That each wagoner, so impressed as afore- said, shall, on producing proper certificates from the com- manding officer of the party, and if no such officer, from the chairman of the committee who issued the warrant, shall receive for every days' service the sum of sixteen shillings. Resolved, That the committee of Kingston are autho- rized and empowered to cause the two block houses within the said town to be repaired and fitted, for the accommoda- tion of any sick soldiers belonging to the United States, JOURNAL OF THE PROVINCIAL CONVENTION. who shall pass iliis way, and transmit the account thereof to this Convention, or some future Legislature of this State, who will make provision for the payment thereof. Colonel De Witt gave notice that he would, on Monday next, move the House to reconsider so much of the said report as respects the impressing of wagons. MONDAY MORNING, March 17th, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Mr. Duane, Mr. Jny, Mr. Phil. Livingston, Mr. Dunscomb, Capt. Rutgers, Mr. Beekman, Maj. Van Zandt, Col. Lott — For New-York. Mr. Webster— Charlotte. Mr. Paris, Mr. Veder, Mr. Newkirk, Mr. Harper— For Tryon. Mr. Stevens — For Cumberland. Genl. Ten Broeck, Mr. Ten Broeck, Mr. Tayler, Mr. Adgate, Mr. Cuyler, Mr. Gansevoort — For Albany. Col. Allison, Mr. Smith, Col. Sherwood, Mr. Wisner — For Orange. Major Tappen, Mr. Ray, Maj. F. Parks, Col. De Witt— For Ulster. Mr. Smith— For Suffolk. Capt. Piatt, Mr. Jas. Livingston, Mr. Gilbert Livingston, Maj. Schenk, Mr. R. R. Livingston — For Dutchess. Mr. Morris, Maj. Lockwood, Judge Graham, Col. Graham, Mr. Mills — For Westchester. A letter from General George Clinton, dated the 14th instant, requesting that the anchors and cables be sent down with the utmost despatch, was read. Resolved, That Egbert Dumont, Esquire, be and is hereby appointed an additional commissioner for the pur- pose of procuring anchors and cables, to be sent down to the obstructions making in Hudson's river, with the like powers given to Messrs. Henry Benson and Corns. John- son, to wit, power to take as many anchors and cables from on board the vessels in Hudson's river as can be spared, paying the owners for the same, and that he be requested to proceed on the business with the utmost de- spatch. Another letter from General Clinton, of the same date, enclosing a petition from several teamsters that their wages may be raised, was read, and committed to Colonel De Witt and Mr. Wm. Smith. The House were informed that the ship joiners from on board the Continental ships at the landing, were at the door attending with an application. Ordered, That Mr. Jay and Mr. Gilbert Livingston be appointed to confer with them. A letter from Henry I. Van Rensselaer, Esq. informing that it is inconvenient for him to attend the Continental loan office at the city of Albany, and therefore prays leave to resign the said office. Resolved, That Mr. Van Rensselaer be permitted to resign the said office : And thereupon, Resolved, That Dirck Ten Broeck, Esquire, of the city of Albany, be and he is hereby appointed commissioner to superintend the Continental loan office in this Slate, (in the stead of Henry 1. Van Rensselaer, Esquire, who has de- clined that office,) for the purpose of receiving money on loan on the credit and for the use of the United States of America, pursuant to the several resolutions of the Ho- nourable Congress of the said States, in such case made and provided. A letter from General Washington, dated February 20, recommending Colonel Renier to fill the place of lieutenant colonel, in Colonel Henry B. Livingston's regiment, was read, and referred to the committee of arrangement. The petition of David Schuyler, and many others, on behalf of Cornelius Glenn, John Stevenson and Peter Van Schaack, confined on parol by the committee of Albany, at Boston, praying that they may be permitted to return and reside at home, was read. Ordered, That two of the Albany members be directed to write to the petitioners, enclosing a copy of the resolu- tions of Convention of the instant. A letter from Thos. Palmer, Esquire, chairman of the committee of Newburgh precinct, dated 11th March, re- lative to the families of persons gone over to the enemy, and relative to quantities of provisions, stored near the river, in danger of being taken off by the enemy, was read and referred to Mr. Piatt, Colonel De Witt and Colo- nel Allison. The petition of Moses Knapp, confined in Kingston jail as a prisoner of war, was read and referred to the members of Ulster. A deposition of Arie King against John Cummings and Crukshanks, (two prisoners on parol,) charging them with having expressed themselves in a manner very injuri- ous to the cause of America ; also, another deposition of George Lawson, against the same persons, were handed into Convention and read. On reading the said depositions of Arie King and George Lawson, and from other information, it appears that John Cummings and Alexander Cruikshanks, State prisoners on their parol, who have lately in a secret and clandestine manner been in the city of New-York, since their return, and while on parol, have examined the ships of war at Esopus Landing, and used indirect artifices to terrify and discourage the good people of this State, and prevail upon them to submit to the arms of Great Britain. Resolved, therefore, That they be immediately com- mitted to the common jail of the county of Ulster, there to remain until further order of this Convention. Ordered, That the members of Ulster county do see the aforegoing resolution duly executed. A letter from James Mease, Clothier-General, dated at Morris Town, March 5, relative to clothing, was read and committed to Mr. Tayler, Mr. Jay and Mr. Morris. A letter from Middletown, dated March 8, 1777, signed Thomas Dearing, John Foster and Thomas Wickham, ac- companying a great bundle of accounts of sundry persons for transporting stock, &c. &c. from Long island, was read and committed to the committee for auditing ac- counts. Resolved, That Mr. Adgate and Major Webster be ex- cused and dismissed from the committee for auditing ac- counts ; and that Mr. Cuyler and Major Tappen be added to the said committee in the stead of Mr. Adgate and Ma- jor Webster. Mr. Jay, from the committee appointed to confer with the ship joiners, reported as follows, to wit : " That Adam Todd and James Frame appeared before your committee in behalf (as they said) of the ship joiners employed to work on board the Continental ships of war, Congress and Montgomery, and complained that they were so employed at the rate of seven shillings and a half pint of rum per day ; that the said allowance of rum hath lately been withheld from them ; that the high prices of all the necessaries of life constrain them to request an aug- mentation of their wages to 9s. 6d. per day ; and that they request the interposition and order of tbe Convention for that purpose ; that the late additions made to the wages of the ship carpenters employed on the said ships, give them reason to expect a similar provision. Resolved, As the opinion of this Convention, that they ought not to interfere in this business. Mr. Morris requested the sense of the House relative to the artillery company lately commanded by Captain Ha- milton. Thereupon, Resolved, That the said company be permitted to enlist in the service of the Continent, and that Mr. Morris inform Capt. Hamilton thereof. Mr. Jay dissents. Resolved, That Mr. Duane, Mr. Robert Yates and Mr. William Harper (a committee heretofore appointed for the purpose of carrying on a salt manufactory in Tryon coun- ty,) or either of them, be authorized to draw on the Trea- JOURNAL OF THE PROVINCIAL CONVENTION. 839 surer of this State for any sums, not exceeding in the whole four hundred dollars, for the purpose of carrying on the said manufactory. Monday Afternoon, March \lth, 1777. The Convention met pursuant to adjournment. Present — Brigr. General Ten Broeck, President. Colonel Lott, Mr. Duane, Mr. Jay, Major Van Zandt, Mr. Duns- comb, Cnpt. Rutgers, Mr. Beekman, Mr. Phil. Livingston— For New- York. Major Lawrence — For Queens. Major Parks, Mr. Ray, Maj. Tappen, Col. De Witt, Mr. Contine— For Ulster. Genl. Ten Broeck, Mr. Cuyler, Mr. Ten Broeck, Mr. Gansevoort, Mr. Robert Yates, Mr. Tayler, Mr. Adgate— For Albany. Mr. Wisner, Colo. Allison, Colo. Sherwood, Mr. Joseph Smith — For Orange. Mr. Mills, Major Lockwood, Col. Drake, Mr. Morris, Judge Gra- ham — For Westchester. Mr. Webster— For Charlotte. Mr. Smith— For Suffolk. Mr. Jas. Livingston, Mr. G. Livingston, Capt. Piatt, Major Schenk, Mr. R. R. Livingston — For Dutchess. Mr. Harper, Mr. Veeder, Mr. Paris, Mr. Newkirk — For Tryon. Ordered, That the Treasurer of this State pay to Sampson Dyckman the sum of six pounds eight shillings, in full for his account for boarding Colonel Ritzema and Lieutenant Johnson, by order of the committee for detect- ing conspiracies. Colonel De Witt, agreeable to notice by him given on Saturday last, moved that so much of the resolutions pass- ed that day as empowered the chairman of the district committee in Ulster county to impress wagons, be reconsi- dered. The question being put thereon, was carried in the nega- tive. Colonel De Witt then gave notice, that he would to- morrow move for a reconsideration of the whole report of the committee on the petition of the committee of Kingston, relative to impressing wagons, &c. &c. Mr. Joseph Smith, from the committee to whom was re- ferred the letter from Robert Boyd, Junr. Esquire, chairman of Ulster county committee, dated the 12th of February, relative to Abraham Brinckerhoff, reported a draft of a letter in answer thereto, which was read and approved of, and is in the words following : " Sir — Convention have received your letter of the 12th of February last, and are surprised to find the committee for detecting conspiracies, &c. so highly reprehended by the committee for the county of Ulster, for partiality and a neglect of duty ; crimes of which we by no means think those gentlemen guilty, especially when we consider the important services they have rendered this State, by their faithful discharge of the arduous task imposed upon them. " Convention is informed that Mr. Brinckerhoff was sent to the committee for detecting conspiracies, &c. at Fish- kill, without informing those gentlemen of the charges against him, or the cause of his capture or detention, which should have been specified. " Mr. Brinckerhoff was detained by the committee at Fish- kill for some considerable time, and no charge being exhibit- ed against him he was discharged of course. However, as the committee conceived he was not sent there uninten- tionally, they administered to him the oath of allegiance, and bound him to be forthcoming when called upon. " Convention is desirous of making every allowance for gentlemen acting in a public capacity, and on this occasion are led to believe that your committee have, without full consideration, been induced to write their said letter. " I am, sir, your very humble servt. " Robert Boyd, Junr. Chairman of the Committee of Ulster." The committee to whom was referred the petition of John Griffiths and Robert Boyd, Junr. dated the 13th March, delivered in their report, which was read, amended and agreed to, and is as follows : " Whereas by a resolution passed by this Convention on the 14th of August last, it was provided that among other manufacturers exempted from military duty in this State, the following persons employed at each furnace for melting iron ore into pigs and castings be exempted, to wit : one founder, > two keepers, one stock jobber, one moulder, two fillers, one ore breaker, four miners and four master colliers. Therefore, "Resolved, 1st. That John Griffiths and Robert Boyd, Junr. managers of the Forest of Dean furnace be acquaint- ed with the above resolve ; and that in order to avail them- selves of the above privilege, they must give in a list of the names of all the persons at their works entitled to the benefit of this exemption, to the commanding officer of the militia of the district in which the said furnace is situated. "Resolved, 2d. That according to the prayer of the above mentioned petition, an order be given to Henry Wisner, Junr. to furnish the above petitioners, John Griffiths and Robt. Boyd, Junr. with a quarter cask of gunpowder out of any he may have in his hands belonging to this State, (they paying the current price for the same.") Ordered, That the petitioners be informed that the Con- vention have not any other of the articles mentioned in their petition. The bond of Rebecca Patrick, widow, and George Leo- nard, administratrix and administrator of the goods, chattels and effects of Samuel Patrick deceased, duly executed by them and their sureties, Joshua H. Smith and Robert Boyd, Junr. Esquires, and also a certificate of Elihu Marvin, Esquire, chairman of the county committee of Orange county, that the said Rebecca Patrick was duly sworn be- fore him as the administratrix of the said goods, chattels and effects, pursuant to the resolution of this Convention of the 12th instant, were handed to the Convention and read. Ordered, That the said bond and certificate, together with the certificate of the President, of the administration of the said oath to George Leonard, be filed. And Ordered, That the Treasurer of this State pay to the said Rebecca Patrick and George Leonard, administratrix and administrator of the goods, chattels and effects of Samuel Patrick deceased, the sum of five hundred and ninety-eight pounds, thirteen shillings, in full for the ac- count of the said Samuel Patrick against this Convention, for fifty-four iron stoves, weighing nine tons, four hundred and twenty pounds, made at the Forest of Dean, or Orange Furnace, at the request of Major-General Schuyler, for the use of the northern Continental army, and paid by this Convention, by request of General Schuyler, in his letter of the 4th inst. And Ordered, That the said Treasurer take a receipt in full for the same sum, and charge it to Continental account, pursuant to General Schuyler's request in the said letter. On motion of Mr. Jay, Resolved unanimously, That the report of the commit- tee on the letters of Major General Schuyler, of the in- stant, and Brigadier- General Bayley's letters, from Glou- cester county, and the resolutions thereon, be taken into consideration. And thereupon, on motion of Mr. Morris, Resolved, That that part of the said resolutions which respects the company raised by Brigadier-Genl. Bayley be recommitted to the same committee. On motion of Mr. Morris, who was seconded, Ordered, That a messenger be sent to Comfort Sands, Esquire, Auditor-General of the accounts of this State ; that the President write a letter by the said messenger to Mr. Sands, and require his immediate attendance on this Convention. An account of General George Clinton for his attend- ance at Congress, amounting in the whole, to the sum of £278 8s. Od. was exhibited to Convention for payment. 840 JOURNAL OF THE PROVINCIAL CONVENTION. Thereto is subjoined a certificate of Matthew Adgate, Al- exander Webster and Benjamin Newkerk, the committee for auditing accounts ; that they have examined the said ac- count, and arc of opinion that there be allowed to General George Clinton, the sum of £278 8s. Od. Ordered, That the Treasurer of this Slate, pay to Genl. George Clinton or his order, the sum of £278 8s. Od. An account of Abraham Heermanse against the State of New-York, for riding three days to Claverack, about the 7th instant, when he was sent as a messenger to and for Colonel Henry I. Van Rensselaer, was exhibited for pay- ment. Thereto is annexed a certificate of the said com- mittee of auditors, that they have examined the above ac- count, and do allow the sum of three pounds to Abraham Heermanse. Ordered, That the Treasurer of this State, pay to the said Abraham Heermanse or his order, the sum of three pounds, on his receipt in full for the said account. DIE MARTIS, a. m. March 18th, 1777. The Convention met pursuant to adjournment. Present — Brigr. General Ten Broeek, Presidt. Mr. Phil. Livingston, Mr. Lunscomb, Capt. Rutgers, Mr. Beekman, Major Van Zandt — For New-York. Mr. Wisner— For Charlotte. Mr. Tappen, Mr. Parks, Col. De Witt, Mr. Ray, Mr. Contine— For Ulster. Genl. Ten Broeck, Mr. Ten Broeck, Mr. Adgate, Mr. Gansevoort, Mr. Tayler, Mr. Cuyler— For Albany. Judge Graham, Col. Drake, Mr. Mills, Mr. Morris, Col. Van Cort- landt,Maj. Lock wood — For Westchester. Mr. Smith— For Suffolk. Mr. G. Livingston, Mr. Jas. Livingston, Mr R. R. Livingston, Capt. Piatt — For Dutchess. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkirk— For Tryon. Mr. Joseph Smith, Mr. Wisner, Col. Sherwood, Col, Allison — For Orange. The committee to whom was referred the report of the committee who were chosen to confer with General Wa- shington, Genl. McDougall and General G. Clinton, report- ed that the following letters be wntten,viz : No. 1, to the Honourable the Congress. No. 2, to His Excellency General Washington. No. 3, to Genl. McDougall ; and No. 4, to General George Clinton. The draft of the letter, No. 1, to the Honourable the Congress, was read and approved, and is in the words fol- lowing : " Sir — I am ordered by the Convention of this State, to inform you that they have long been under great appre- hensions for the fate of the fortresses in the Highlands, which they have at different times strengthened by consi- derable bodies of their militia, when His Excellency Ge- neral Washington was unable through the weakness of his army, to supply them with proper garrisons. But they lament that the want of the necessary stores must not only render all their endeavours to secure those important posts ineffectual, but endanger the troops that are thrown in to defend them. By the enclosed return, you will see the present state of Fort Montgomery. Fort Constitution is in a still more deplorable situation ; and, indeed, if it cannot be better provided, should be dismantled. We wish that a discretionary power may be given for this purpose to the general that may be vested wilh the command. " The Convention conceive that the neglect of these for- tresses arises chiefly from their want of an active com- mander, whose attention is solely confined to their defence, since officers who expect daily to be removed, seldom ex- tend their care much beyond the present hour, and are in- different about things of the utmost moment, when they expect to leave their charge before any mischiefs happen. The Convention, therefore, take the liberty to suggest the propriety of appointing some general commandant of those forts and the works that are now erecting in the Highlands, with the rank of brigadier-general. They are too much interested in the success of this measure to think any apo- logy necessary for mentioning it, or for recommending to Congress, General George Clinton, as a person every way qualified for this command. The Convention think it un- necessary to offer a more particular recommendation of General George Clinton, whose character is well known to the Commander-in-Chief, and to some gentlemen at Congress. He is now employed in obstructing the river, a little above Fort Constitution ; a work which they hope will be finished in a few weeks, and which ought to be under the direction of the general that commands at the forts, since it may be necessary to remove part of the can- non and garrison from one to the other, in order to secure the obstruction. The Convention flatter themselves, that the Honourable Congress will consider this application as sufficiently important to deserve their immediate attention, as delay must in this case be equivalent to a refusal ; more especially, as they are informed that the enemy design, very shortly, to bend their force against this State. " I have the honour to be, &c. " To the Honble. John Hancock, President, &c." Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. The draft of the letter No. 2, directed to His Excellency General Washington, was read and approved, and is in the words following, to wit : " Sir — The Convention are very happy to find by the gentlemen that waited on your Excellency, that their plan for the security of the forts meets with your approbation, and that the gentleman they propose to recommend to Con- gress is agreeable to your Excellency. They take the li- berty to request that you will express your sentiments on this head to Congress, and urge their speedy adoption of so salutary a measure. The Convention finding a great deficiency of cannon ball at the fortresses, have ordered 4,000 to be cast. Many other articles necessary for their defence being wanted, they have taken the liberty to write to General McDougall for the proper supplies, from the Continental stores. Your Excellency's distance, and the variety of those cares which divide your attention, will sufficiently apologise for the interference of Convention in a matter of such great importance to the common interest. " 1 have the honour to be &c. " His Excellency, Genl. Washington." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. The draft of letter No. 3, directed to General McDou- gall, was read and approved, and is in the words following, viz : " Sir — The Convention view with extreme concern the defenceless state of the fortresses in the Highlands. They find by the returns from thence, that they have not more than twenty round of shot for the six 32 pounders, and not a single ball for the other twelve guns ; that there is not even sponges and rammers for the cannon that are mount- ed ; in short, sir, that the commonest things are wanting. Though this, sir, may be out of our department, yet we are too deeply interested in the consequence of this negli- gence to view it with indifference. We are extremely happy to find that your command extends to these forts, since we have reason to hope that you will exert yourself to put them in a posture of defence, in order to which it will be neces- sary to procure a number of little articles, and at least 4,000 cannon balls, a proportionate quantity of powder and wads, as well as to direct the making of cartridges. By the return you will find that if the garrison should be in- creased, which it doubtless must, more musket cartridges, and of course paper to make them, will be necessary. We shall always be ready, as far as lies in our power, to as- JOURNAL OF THE PROVINCIAL CONVENTION. 841 sist you in procuring any thing which may be needful for the security of those fortresses, and have accordingly or- dered 4,000 balls to be cast. We hope, however, you will be able to throw in a more immediate supply, as we have some reason to apprehend that ours may come too late. " I am, sir, &c. '•' Brigr. General McDougall." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. The draft of letter No. 4, to General George Clinton, was read and approved, and is in the words following, to wit : " Sir — The Convention are informed by the gentlemen appointed to confer with you on the forwardness of the ob- structions in Hudson's river, that those works will be com- pleted by the middle of April. It is their wish that so ne- cessary an affair should meet with no delay. " They therefore suggest to you the propriety of calling out so many of the militia as may be necessary for the com- pletion of this work by the time prefixed, should those you now have be insufficient for that purpose. " They would further observe, that stone may be speedi- ly procured by employing a number of Albany or other sloops, who will readily contract by the load, and furnish themselves with hands for that purpose. " I am, &c. " Brigr. General George Clinton." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. The residue of the said report was read, approved of, and agreed to, and is as follows, viz : "The committee are also of opinion that a contract should be made for 4,000 cannon balls, viz : 1,000 32 lb. 1,000 121b. 1,000 91b. and 1,000 6 lb. ; and for 400 bar shot, to wit: 100 32 lb. 100 12 lb. 100 9 lb. and 100 6 lb. to be delivered by the first day of May next. " They are further of opinion that General Schuyler should be requested to supply Genl. George Clinton with as many heavy cannon as he can possibly spare, out of those he has purchased at Salisbury or elsewhere, and to direct the building of scows for the transportation of can- non, agreeable to the recommendation of General Wash- ington, mentioned in the report of your committee, a copy of which report ought to be transmitted to Maj. General Schuyler." Resolved, That Mr. Gilbert Livingston and Mr. Wis- ner be appointed a committee to inquire what quantities of shot and ball have been furnished by this State to the forts Montgomery and Constitution, in the Highlands, and how the same have been since disposed of. And Resolved and Ordered, That the said committee be and hereby are authorized and requested to contract for, and pro- cure to be made, the quantities of ball above mentioned, to be transported to those fortifications, or such other places on Hudson's river where necessary for defence against the enemy. The committee to whom was recommitted, on the 17th inst. that part of the report or resolutions of the former committee, appointed to consider of Brigadier-General Bayley's demand, brought in their report, which was read. The same being again read by paragraphs, was amended and agreed to, and is as follows : " 1st. That upon the retreat of the army of the United Slates out of Canada, the inhabitants of Gloucester and Cumberland counties, as well as those of the State of New- Hampshire seated on the east side of the Connecticut river, were greatly alarmed from reports and apprehensions that they would be attacked by British troops from Cana- da, and by the Indians. " 2d. That many families in the above mentioned coun- ties were so much terrified by those reports, that they ac- tually removed into the interior part of the country for safety. That to prevent the further breaking up of the frontier settlements and for the protection of the inhabi- 211 (ants, Brigadier-General Bayley was applied to and ear- nestly solicited, not only by the committees of Gloucester, but by those of New-Hampshire bordering on Connecticut river, to engage and continue in service as scouting parties and guards, a number of men who had been employed by order of His Excellency General Washington, in making a road from Connecticut river towards Canada, the design of which was about that time laid aside. "3d. That General Bayley accordingly about the 10th day of July last, entered into a contract with a number of men, who are named in the pay roll referred to your com- mittee, of whom he himself retained the command or di- rection, Mr. William Wallace being the only officer under him. " 4th. That the said party continued in service as guards and scouting parties, and in building block houses and forts, until about the 10th of September last. " 5lh. That it was a necessary service which the cir- cumstances of that part of the country strongly called for, appears not only from the facts above alleged, and because it is so certified by ihe chairmen of the several committees more immediately concerned, but because this Convention itself was sensible of such necessity, and have given the fullest evidence thereof by their resolutions of the 23rd day of July last, that four companies of rangers should be raised for the defence of the said counties of Cumberland and Gloucester, and for the protection of the inhabitants. " 6th. That those companies were not completed till about the middle of August ; and on the 10th of Septem- ber following, the party so employed by General Bayley was discharged. " 7th. That though General Bailey was not authorized, either by the Continental Congress or by this State, to raise the said company, yet as it was done for an important ser- vice, to prevent the desertion of the frontier and the impo- verishmentof the inhabitants, and at the request and entreaty of committees both of this State and New-Hampshire, " 8th. The Convention, upon the whole, are of opinion that General Bayley ought not to be a sufferer, and that this Convention ought, in the first instance, to advance to him his reasonable disbursements, and the sums for which he stands justly engaged concerning the premises ; the Convention being further of opinion that it will be allowed as a Continental charge." Resolved, That the said company employed by General Bayley in the manner aforesaid, on the northeastern frontier of this State, as scouting parties, guards, and in erecting block houses, ought to be paid by this Convention ; and that the money to be advanced for that purpose be charged to the United States. The pay and subsistence roll of the said company en- gaged and employed by General Bayley as guards and scouting parlies, and to build block houses, was then ex- hibited to the Convention for payment. Thereon is en- dorsed an affidavit of William Wallace, who as an officer superintended the said company, that the said pay and subsistence rolls are just and true, and thai the men were actually in service the time therein specified ; and that the charge is made according to the agreement General Bay- ley had made with said men. Thereon is also endorsed a certificate of Matthew Ad- gate, Alexander Webster and Benjamin Newkerk, mem- bers of the committee for auditing accounts, that they have examined the said pay and subsistence rolls, and are of opinion that there be allowed to the men therein named the sum of six hundred and seventy-one pounds and two pence for the said services. Resolved, That the Convention agrees with their com- mittee in the said report ; and General Jacob Bayley, by his letter of the 26th February last, having desired that the moneys due on the said rolls may be paid to Mr. William Wallace, Resolved and Ordered, That the Treasurer of this State pay to the said William Wallace the said sum of six hun- 842 JOURNAL OF THE PROVINCIAL CONVENTION. dred and seventy-one pounds and two pence, to discharge the said accounts, and take his receipt in full for the same. The committee to whom was referred, on the 17th inst. Colonel Palmer's letter of the 11th inst. brought in their report, which was read, and ordered to be deferred for consideration. The committee to whom was referred the consideration of a letter from General George Clinton, and the petition of teamsters therein enclosed, brought in their report, which was read. Ordered, That it be deferred for further consideration. Mr. De Witt moved that the Convention would now go into the consideration of the report for empowering the committee of Kingston to impress teams and erect an hos- pital in this town ; but on motion for an adjournment, the consideration thereof was postponed. Tuesday Afternoon, March 18, 1777. The Convention met pursuant to adjournment. Present — Brigadier-General Ten Broeck, Prest. Mr. Phil. Livingston, Col. Lott, Capt. Rutgers, Mr. Harper, Mr. Jay, Maj. Van Zandt, Mr. Dunscomb, Mr. Beekman — For New-York, Mr. Webster — For Charlotte. Mr. Stevens — Cumberland. Maj. Tappen, Colonel De Witt, Mr. Rea, Mr. Contine, Maj. Parks— For Ulster. Genl. Ten Broeck, Mr. Gansevoort Mr. Tayler, Mr. Adgate, Mr- Ten Broeck, Mr. Robert Yates, Mr. Jacob Cuyler — For Albany. Mr. Wisner, Mr. Smith, Col. Allison, Col. Sherwood— For Orange. Judge Graham, Major Lockwood, Mr. Mills, Colo. Drake, Colo. Van Cortlandt, Mr. Morris — For Westchester. Mr. Smith— For Suffolk. Mr. G. Livingston, Mr. Jas. Livingston, Capt. James Schenk, Maj. H. Schenk, Robt. R. Livingston, Capt. Piatt — For Dutchess. Mr. Harper, Mr. Veder, Mr. Newkerk, Mr. Paris — For Tryon. Mr. Governeur Morris moved, and was seconded, that the members be permitted to smoke in the Convention Chamber, to prevent bad effects from the disagreeable ef- fluvia arising from the jail below. Debates arose thereon, and the question being put, it was carried in the affirma- tive, in the manner following, to wit : For the affirmative. Westchester, 4 Albany, 6 Ulster, 4 14 For the negative. Tryon, 3 New-York, 8 11 Dutchess and Orange counties divided. Whereas from the past want of care in the prisoners now confined in the jail immediately underneath the Con- vention Chamber, the same is supposed to have become unwholesome, and very nauseous and disagreeable effluvia arises, which may endanger the health of the members of this Convention. Therefore Resolved, That for the preservation of their health, the members of this Convention be at liberty at their pleasure to smoke in the Convention Chamber while the House is sitting and proceeding on business. On motion of Mr. Jay, who was seconded, Resolved, That Capt. Piatt, Mr. Cuyler and Mr. Du- ane, be and are hereby appointed a committee to devise ways and means for clearing the jail below and removing the prisoners. Resolved and Ordered, That the sloop of war command- ed by Capt. Castle, do proceed to New-Windsor, and such other places as Matthew Contine, Esquire, shall direct, and bring up to Esopus Landing all such hides as belong to this State. The Convention resumed the consideration of the form of government. The 3rd paragraph was then taken into consideration ; debates arose thereon. Mr. Duane moved for the following amendment, to wit : to expunge from the word " proportion" included, and there add the following words, to wit: "in the proportion following, to wit: in the city and county of New- York, eight, for the city and county of Albany, for the county of Westchester, for the county of Dutchess, for the county of Ulster, for the county of Orange, for the county of Suffolk, for Queens county, for Kings county, for Richmond county, for Tryon county, for the county of Charlotte! for the county of Cumberland, for the county of Gloucester . " Debates arose thereon, and the question being put there- on it was carried in the negative, in the manner following to wit : 8 F or the negative. For the affirmative. Westchester, 4 New-York 8 Orange, 3 Dutchess, 5 Albany, 6 Tryon, 3 Ulster, 4 Therefore the amendment was rejected. WEDNESDAY MORNING, March 19th, 1777. The Convention met pursuant to adjournment. Present— Brigr. General Ten Broeck, President. Mr. Jay — For New-York. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk— For Tryon. Major Parks Mr. Rea, Colo. De Witt, Major Tappen, Mr. Contine — For Ulster. Genl. Ten Broeck, Mr. Tayler, Mr. Cuyler, Mr. Gansevoort, Mr. Robert Yates, Mr. Ten Broeck, Mr. Adgate— For Albany. Mr. Wisner, Mr. Smith, Colo. Sherwood, Col. Allison— For Orange. Judge Graham, Mr. Morris, Colo. Van Cortlandt, Mr. Mills, Major Lockwood, Colo. Drake— For Westchester. Mr. Smith— For Suffolk. Mr. Jas. Livingston, Mr. G. Livingston, Major Schenk, Capt. Scvenk, Mr. Robt. R. Livingston, Capt. Piatt— For Dutches/. Mr. Webster— For Charlotte. Mr. Stevens — For Cumberland. It being £ past eleven o'clock, and a number of mem- bers being absent, Ordered, That the doorkeeper go to the lodgings of all the absent members, and inform them that the House, for want of their attendance, cannot proceed to business as a Convention, and therefore request their immediate at- tendance. Agreed, That the President write to Mr. Duer, and re- quest his attendance at Convention without delay. And further, that the President send the letters agreed to yes- terday to Congress, and General Washington and Mr. Mc- Dougall by express. Adjourned till 3 o'clock this afternoon. Wednesday Afternoon, March \9th, 1777. The President and following members met : Present — Brigr. General Ten Broeck, President. Mr. Phil. Livingston, Mr. Jay, Mr. Duane, Mr. Beekman— New- York. Major Tappen, Mr. Rea, Colo. De Witt, Mr. Contine, Major Parks — Ulster. Genl. Ten Broeck, Mr. Tayler, Mr. Gansevoort, Mr. Robt. Yates, Mr. Ten Broeck, Mr. Cuyler, Mr. Adgate— Albany. Mr. Morris, Judge Graham, Colo. Drake, Col. Van Cortlandt, Major Lockwood, Mr. Mills — Westchester. Mr. Smith— Suffolk. Mr. R. R. Livingston, Mr. Piatt, Capt. Jno. Schenk, Mr. G. Living- ston, Mr. Henry Schenk — Dutchess. Col. Allison, Mr. Jos. Smith, Mr. Wisner, Col. Sherwood— Orange. Mr. Stevens — Cumberland. Major Webster — Charlotte. Major Lawrence — Queens. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk— Tryon. Several members being absent, Ordered, That the doorkeeper call all the absent mem- bers who are in Kingston. JOURNAL OF THE PROVINCIAL CONVENTION. 843 The members present (in the mean time) proceeded to business as a Committee of Safety. A letter from the committee of Claverack, dated March 18, 1777, and signed by Peter Contine, clerk, relative to a certain John E. Van Alen, a dangerous, disaffected per- son, sent down to Convention in the custody of Lieut. Mul- ler, was read. Ordered, That Mr. Robert Yates, Mr. Joseph H. Smith and Mr. Wm. Smith, be a committee to examine the said John E. Van Alen, and to take such measures respecting him as to them shall appear proper, A letter from Herman Hoffman, dated Rhinebeck, March 17, enclosing the affidavit of John Staats against Ryer Schermerhorne, charging him with depreciating the paper currency, was read. Ordered, That the said letter and affidavit be referred to Mr. Jay, Mr. Phil. Livingston and Mr. Robert Yates. A letter from Doctor Chauncey Graham, enclosing his account, was read and referred to the auditing committee. On motion, Resolved, That the President write a letter to Colonel H. B. Livingston, requesting him to inform Convention what stock, arms and other property were brought from Long island to Connecticut by the troops under his com- mand. THURSDAY MORNING, March 20, 1777. The Convention met pursuant to adjournment. Present — Brigr. General Ten Broeck, Presidt. Mr. Jay, Mr. Harper, Major Van Zandt, Major R. Livingston, Mr. Duane, Mr. Beekman, Colo. Lott, Mr. Dunscomb — New-York. Maj. Lawrence — Queens. Mr. Webster— Charlotte. Maj. Tappen, Mr. Rea, Major Parks, Colo. De Witt— Ulster. Genl. Ten Broeck, Mr. Cuyler, Mr. Gansevoort, Mr. Ten Broeck, Mr. Tayler, Mr. Robt. Yates— Albany. Mr. Jos. Smith, Mr. Wisner, Col. Allison— Orange. Mr. Stevens — Cumberland. Colo. Drake, Major Lockwood, Mr. Mills, Judge Graham, Mr. Mor- ris, Colo. Van Cortlandt — Westchester. Mr. Smith— Suffolk. Mr. G. Livingston, Capt. John Schenk, Mr. R. R. Livingston, Capt. Piatt— Dutchess. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk— Tryon. A letter from Lieut. Colonel Marinus Willet, with a re- turn of that part of Colo. Gansevoort's regiment as are at Fishkill forts in the Highlands, &c. was read and filed. The committee to whom was referred to devise ways and means for clearing the jail in Kingston and removing the prisoners from thence, brought in their report, which was read and recommitted. Ordered, That Mr. Phil. Livingston and Mr. Jay be added to the said committee ; and that the said committee be instructed to report to this House the crimes with which the six persons named in the first clause of the said report stand charged ; and whether, in the opinion of the said committee, all or any, and which of the said prisoners, ought to remain longer confined, and where. The Convention proceeded further to consider the report of the committee on the form of government. On motion of Mr. Morris and seconded, Ordered, That the consideration of the 3rd and 4th paragraphs be postponed for the present. Mr. Jay gave notice that he will to-morrow move for the reconsideration of the 2nd paragraph, giving the Governor a negative on all laws ; and of the 5th paragraph, declar- ing that elections shall be held according to the former laws of the Colony. The sixth paragraph was then read ; the former amend- ment thereto agreed on, and the entry postponing the same on Friday last, was then read. On motion of Mr. Duane, who was seconded, Ordered, That the further consideration of the sixth paragraph be postponed for the present. The seventh paragraph being read, on motion of Mr. Morris, Ordered, That the 7th paragraph be postponed for fur- ther consideration. The 8th paragraph was then read, and was read a se- cond time. The said paragraph was then read in parts. Convention agreed to the following words : " That the Assembly thus constituted shall choose their own speaker." Then to the following words : " Be judges of their own members." The next part of the paragraph, viz : " And proceed in doing business in like manner as the Assemblies of the Colony of New-York formerly did." A motion was made and seconded, that after the word "members," the words " enjoy the same privileges," be inserted, and that after the word "New-York," the words "of right" be inserted. The same amendments being agreed to and inserted, that part of the paragraph was again read and agreed to. The residue of the said 8th paragraph was then read and agreed to. The ninth paragraph was then read. Mr. Robert Harper moved and was seconded, that the words " possessed of freeholds of the value of one hun- dred pounds, over and above all debts and incumbrances thereon," be obliterated. The question being put, was car- ried in the negative. The said paragraph being then read, Mr. Jay moved and was seconded, that the words " and incumbrances " be ob- literated, and the word " charges " there inserted. The same being unanimously agreed to and inserted, the said ninth paragraph was then read and agreed to. The tenth paragraph was then read. Mr. Wm. Harper moved, and was seconded by Mr. Rea, that the word " four" be obliterated, and the word " one" inserted in its stead. The question being put thereon, it was carried in the negative by a great majority. The words " that the mem- bers of the Senate be elected for four years," were then read and agreed to. The residue of the 10th paragraph was then read and agreed to. The eleventh paragraph was then read. Mr. Wisner then moved, and was seconded, that the word " four" be changed into " fourteen," and the word " great," obliterated ; and assigned as a reason, that they may be chosen by the counties. Debates arose thereon, and the question being put there- on, it was determined in the negative, by a great majo- rity. Thursday Afternoon, March 20th, 1777. The Convention met pursuant to adjournment. Present — Brigr. General Ten Broeck, President. Mr. Harper, Mr. Dunscomb, Major Van Zandt, Mr. Beekman, Mr. Phil. Livingston, Mr. Duane, Mr. Jay — For New-York. Major Lawrence — For Queens. Major Webster — For Charlotte. Major Tappen, Mr. Rea, Colo. De Witt, Ma jr. Parks— for Ulster. Genl. Ten Broeck, Mr. Cuyler, Mr. Tayler, Mr. Robt. Yates, Mr. Ten Broeck, Mr. Adgate, Mr. Gansevoort — For Albany. Mr. Jos. Smith, Mr. Wisner, Col. Allison — For Orange. Mr. Stevens — For Cumberland. Judge Graham, Mr. Mills, Major Lockwood, Colo. Drake, Col. Van Cortlandt — For Westchester. Mr. Smith— for Suffolk. Capt. Piatt, Capt. Jno. Schenk, Mr. Gilbert Livingston, Mr. James Livingston — For Dutchess. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk — For Tryon. A letter from Colonel P. Gansevoort, dated Albany, March 17th, acknowledging the receipt of the order of Convention of the 10th instant, directing the commanding 844 JOURNAL OF THE PROVINCIAL CONVENTION. officers of the five Continental regiments raising in this State, to make returns of their respective regiments ; and also a letter from Lieutenant-Colonel VVillet, dated at Fort Constitution, on the 17lh instant, enclosing a return of part of Colo. Gansevoort's regiment, were respectively read. Mr. Tayler informed the House that his attendance on the commissioners for auditing the Continental accounts, at Albany, is indispensably necessary, for the purpose of accounting with them for large sums of money advanced to him for the purpose of purchasing clothing for the Ame- rican army ; and therefore requests leave of absence, to return as soon as that business will possibly admit. Resolved, That Mr. Tayler have leave of absence, on condition that he return as soon as the public business which now calls him to Albany, will possibly admit. The House resumed the consideration of the plan of government. The eleventh paragraph was then read. After some time spent thereon, the further consideration thereof was postponed for the present. The 32nd paragraph was then read, declaring that the free toleration of religious profession and worship shall for- ever hereafter be allowed to all mankind. Mr. Jay then moved that a proviso be added in the fol- lowing words, viz : " Provided nevertheless, that nothing in this clause con- tained, shall be construed to extend the toleration of any sect or denomination of Christians, or others, by whatever name distinguished, who inculcate and hold for true doc- trines, principles inconsistent with the safety of civil soci- ety, of and concerning which the Legislature of this State shall from time to time judge and determine." Many debates arose thereon. After much time spent therein, Mr. Jay moved for, and had leave to withdraw the said amendment ; and then moved for and was seconded, to substitute the following addition to the 32nd paragraph, in its stead, viz : " Except the professors of the religion of the church of Rome, who ought not to hold lands in, or be admitted to a participation of the civil rights enjoyed by the members of this State, until such time as the said professors shall appear in the supreme court of this State, and there most solemnly swear, that they verily believe in their conscien- ces, that no pope, priest or foreign authority on earth, hath power to absolve the subjects of this State from their al- legiance to the same. And further, that they renounce and believe to be false and wicked, the dangerous and damnable doctrine, that the pope, or any other earthly au- thority, have power to absolve men from sins, described in, and prohibited by the Holy Gospel of Jesus Christ ; and particularly, that no pope, priest or foreign authority on earth, hath power to absolve them from the obligation of this oath." Long debates arose thereon ; and the question being put thereon, it was carried in the negative, in the manner following, to wit : For the negative. For the affirmative. Albany, 6 Orange, 3 Dutchess, 5 Mr. Jos. Smith dissenting. New-York, 8 Tryon, 3 Mr. Jay and Mr. Van Ulster, 4 Zandt dissenting. Mr. Tappen dissenting. 19 10 Westchester divided. Mr. Jay moved, and was seconded, that the further con- sideration thereof be postponed till to-morrow morning. Debates arose thereon, and the question being put, it was carried in the affirmative in the manner following, to wit : For the affirmative. Tryon, 3 Ulster, 4 Westchester, ... 4 Mr. Morris dissenting. Orange, 3 Dutchess, 5 19 For the negative. Albany Mr. Adgate dissenting. New-York, 8 Mr. Jay dissenting. 14 FRIDAY MORNING, March 21, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Major Van Zandt, Mr. Dunscomb, Colo. Lott, Mr. Beekman, Capt. Rutgers, Mr. Robert Harper, Mr. Phil. Livingston, Mr. Duane — .For New-York. Maj. Lawrence — For Queens. Maj. Webster — For Charlotte. Maj. Tappen, Maj. Parks, Colo. De Witt, Mr. Rea— For Ulster. Genl. Ten Broeck, Mr. Gansevoorl, Mr. Cuyler, Mr. Ten Broeck, Mr. Robt. Yates, Mr. Adgate— For Albany. Colo. Allison, Mr. Jos. Smith, Mr. Wisner, Colo. Sherwood — For Orange. Mr. Stevens — For Cumberland. Major Lockwood, Colo. Drake, Mr. Morris, Colo. Van Cortlandt, Mr. Mills, Judge Graham — For Westchester. Mr. Smith— For Suffolk. Mr. Piatt, Mr. Jas. Livingston, Mr. Gilbert Livingston, Capt. Jno. Schenk, Mr. R. R. Livingston — For Dutchess. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk— For Tryon. The House having received information that a party of the enemy have penetrated into Westchester county, and taken prisoners and carried off one of our advanced guards, and several of the inhabitants of the said county, and the members of the said county being desirous that Major Lockwood should repair to the said county and inquire into the circumstances of the same, Resolved, That Major Lockwood have leave of absence to repair to, and to inquire into the state of Westchester county, and that he report the same to the House as soon as possible. A letter from the commissioneis for detecting conspira- cies, &c. dated the 19th inst. suggesting the impropriety of permitting persons, who refuse to take the oath of allegiance, indiscriminately to go to New- York and join the enemy, and taking with them more apparel and furniture than is necessarily required, was read. And thereupon, Resolved, That notwithstanding the resolutions passed on the instant, the commissioners for delecting and de- feating all conspiracies, &c. be, and they hereby are, in- structed to use a discretionary power in granting the in- dulgences in the said resolutions specified, and that such as may have taken the benefit of the said resolutions, as well as those whom the said commissioners may think proper to admit to the benefit thereof, be not suffered to carry with them more apparel and household furniture than are necessary for their comfortable accommodation. A letter from Mr. Win. Bedlow, dated March 19th, was read. He therein requests, by order of General George Clinton, an advance of £3000, for the use of the works carrying on for the obstructions in Hudson's river, at Pol- lepel's isle, near the Highlands ; and requests some in- structions relative to settling with and paying the owners of vessels employed last December in bringing stone to the said works. Thereupon, Ordered, That the Treasurer of this State advance to Mr. William Bedlow the sum of £3000, for the use of the works carrying on for the obstructions in Hudson's river, near Pollopel's isle, and that the said Treasurer deliver the said money to Capt. Samuel Clarke, to be by him convey- ed to Mr. Bedlow, and take his receipt for the same. And JOURNAL OF THE PROVINCIAL CONVENTION. 845 Ordered, That Capt. Bcdlovv be informed that it is the sense of the Convention that he ought lo liquidate and pay the accounts of the owners of the vessels employed last December, as to him shall appear to be just and equitable. Whereas the Convention did, in and by certain reso- lutions, passed on the sixth day of March instant, appoint sundry persons therein named commissioners to take into their custody, and dispose of the personal property of ill disposed persons, who have gone over to, or are with the enemy : And whereas the powers given to the said com- missioners by the said resolutions may, in some instances, be found incompetent for the purposes therein mentioned : Therefore, Resolved, That the respective commissioners therein named be, and they are hereby authorized, in cases where upon demand such personal property is refused to be given up, to apply to the respective county, or district commit- tees, or the militia officers in the respective counties, for such aid as may be judged necessary to carry the aforesaid resolutions into execution. And whereas Tunis Kuyper, Esq. of Kakiat, in Orange county, who was intended by the said resolutions to be ap- pointed a commissioner, with Jesse Woodhull and John Coe, Esquires, to take into their custody, and dispose of, the personal property of ill disposed persons who are gone over to, or are with the enemy, was through misinforma- tion, in the said resolutions called by the name of Gilbert Kuyper : Therefore, Resolved and Ordered, That the said Jesse Woodhull, John Coe and Tunis Kuyper be informed of this misnomer, and that the said Tunis Kuyper be, and is hereby appointed a commissioner for the purposes and with the powers in those resolutions named. Ordered, That the Treasurer of this Stale advance to Wm. Harper, Matthew Contine and Christopher Tappen, Esquires, a committee appointed for the purpose of pur- chasing arms on account of this State, or either of them, the sum of four hundred dollars ; and that the said com- mittee do render to this Convention with all convenient speed, an account, with proper vouchers of the expendi- tures of all the moneys to them advanced for the above pur- pose. Resolved, That Zebulon Scofield be permitted, with his wife and daughter and effects, to go to the city of New- York, and that he repair to Poughkeepsie and embark from thence under the direction of the committee of Poughkeep- sie precinct, who are requested to observe the like conduct towards Mr. Scofield as they were directed to observe to- ward Mr. Fisher. Ordered That a commission issue to William Fansher as captain of the Poundridge company of militia; and that three blank commissions for the subalterns of the said com- pany be delivered to Major Lockwood, to be by him filled up with names of such persons as shall be chosen. The committee to whom was referred the request of Jacob King, a private in Capt. Duryee's company, in Colo- nel Swartwout's regiment, concerning a set of armourer's tools belonging to him, and which were lost in the retreat from King's Bridge, delivered in their report, in the words following, to wit : " That this State ought not of right to pay for the said tools, as they were lost in the service of the Continent." The same being read, Ordered, That the consideration thereof be postponed. The petition of the ship joiners on board the ship of war Congress, praying for an Augmentation of wages, was read, and ordered to lie on the table. Ordered, That the Treasurer of this State advance to the Honourable Henry Wisner, Esquire, the sum of six hundred pounds, on account of saltpetre, by him purchased on account of this State, and take his receipt to account for the same. The committee to whom was referred the letter from Peter Colt, relative to his transactions as an agent for the 212 State sloop of war Montgomery, reported the draft of an answer thereto, which was read and agreed to, and ordered to be transmitted, and is in the words following, to wit: " Sir — I am directed by Convention to acknowledge the receipt of your letter of the Ulh inst. and to inform you that there has been no account of sales rendered of the prize goods alluded to in your letter; and as Joseph Hallett and John Sloss Hobart, Esquires, who were appointed agents for the privateer Montgomery, and Captain Rogers and his crew, who are interested therein, are now absent; we are unacquainted whether the negroes are slaves or not, and if slaves, what their true value is ; and as the Conven- tion have been informed that many of the prize goods were sold for less than half their value, we can give no instruc- tions at present concerning them. " I am, &c. " By order. " To Mr. Peter Colt, at New-Haven." Friday Afternoon, March 21, 1777. The Convention met pursuant to adjournment. Present — Brigr. General Ten Broeck, President. Colo. Lott, Mr. Phil. Livingston, Mr. Jay, Mr. Duane, Mr. Duns- comb, Mr. Beekraan, Mr. Robert Harper, Mr. Rutgers, Major Van Zandt— New-York. Major Lawrence — Queens. Major Webster — Charlotte. Major Tappen, Major Parks, Mr. Rea, Col. De Wit— Ulster. Genl. Ten Broeck, Mr. Ten Broeck, Mr. Robert Yates, Mr. Cuyler. Mr. Gansevoort, Mr. Adgate — Albany. Mr. Wisner, Colo. Allison, Mr. Jos. Smith, Colo. Sherwood— Orange. Mr. Stevens — Cumberland. Judge Graham, Mr. Morris, Major Lockwood, Mr. Mills, Colo. Van Cortlandt, Colo. Drake — Westchester. Mr. Smith— Svffolk. Mr. G. Livingston, Mr. Jas. Livingston, Capt. Jno. Schenk, Capt. Piatt, Mr. R. R. Livingston— Dutchess. Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk — Tryon. A letter from the Honourable Lewis Morris, Esquire, at Congress, dated Phila. the 16th instant, acknowledging the receipt of the letter from Convention, was read and filed. The House proceeded to the consideration of the plan of government. The thirty-second paragraph being read, Mr. Jay, seconded by Mr. Wisner, moved for the following amendment, to wit: after the word "mankind," add " pro- vided that the liberty of conscience hereby granted, shall not be construed to encourage licentiousness, or be used in such manner as to disturb or endanger the safety of the State." Mr. Morris moved for the sense of the House, whether this proposed amendment is not the same in substance with Mr. Jay's proposed amendment last night, and which was with leave withdrawn. The question being put by ayes and noes, it was deter- mined not to be the same in substance. Mr. Robert R. Livingston moved, and was seconded, that an amendment in the following words, to wit, " pro- vided that this toleration shall not extend to justify the professors of any religion in disturbing the peace, or viola- ting the laws of the State," be substituted in the place of Mr. Jay's proposed amendment. The question being put thereon, it was carried in the negative, in manner following, to wit : Fur the affirmative. For the negative. Albany, 6 Ulster, 4 Dutchess 5 Tryon 3 Messrs. G. Livingston and New-York, 8 Capt. Flatt dissenting. Westchester, 4 Orange divided- 11 19 The question was then put upon Mr. Jay's amendment, viz. that a proviso be added in the following words : " pro- vided that the liberty of conscience hereby granted, shall not be construed to encourage licentiousness, or be used in such manner as lo disturb or endanger the safety of the 846 JOURNAL OF THE PROVINCIAL CONVENTION. State," and llic same was carried in the affirmative, in the manner following, to wit : For the affirmative. For the negative. Ulster 4 Albany, 6 Westchester 4 Mr. Adgatc dissenting. Mr. Morris and Judge Gra- Dutchess, 5 ham dissenting. Capt. Piatt and Gilbert Tryon, 3 Livingston dissenting. New-York, S — 19 Orange divided. Mr. Morris then moved that the question on the said 32nd paragraph, with the amendment as last carried, be postponed. Debates arose, and the question being put thereon, was carried in the affirmative, in manner following, to wit : For the affirmative. For the negative. Albany, 6 Ulster, 4 Dutchess, 5 Tryon, 3 New- York, 8 — _ 7 19 Orange and Westchester divided. The 33rd paragraph, excluding all ministers of the Gospel from offices, civil and military, was then read, and being again read, was agreed to. The 34lh paragraph (that the militia shall forever be armed, &c.) was then read ; and being again read, was agreed to. The 35th paragraph, relating to trial by jury, was then read ; and being read a second lime, and some amendments moved for, on motion of Mr. Morris, the same was, by unanimous consent, postponed. The 36th paragraph, relating to the naturalization of persons coming into this State, was read. The same being again read, Mr. Jay moved, and was seconded by Mr. Dunscomb, that between the word " State" and the word " shall," the following words be inserted, to wit : " and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate and state, in all mat- ters ecclesiastical as well as civil." Debates arose thereon. Mr. Morris then moved, and was seconded, that the words "and subjection" in the proposed amendment, be obliterated. Debates also arose thereon. After some time spent therein, a motion was then made and seconded, that the farther consideration thereof be postponed for the present. SATURDAY MORNING, March 22nd, 1777. The Convention met pursuant to adjournment. Present— Brigr. Genl. Ten Broeck, Presidl. Mr. Duane, Major Van Zandt, Mr. Beekman, Colo. Lott, Capt. Rutgers, Mr. Robert Harper, Mr. Jay, Mr. Phil. Livingston — For New- York. Major Laurence — For Queens. Mr. Webster — For Charlotte Major Parks, Colo. De Witt, Major Tappen — For Ulster. Genl. Ten Broeck, Mr. Gansevoort, Mr. Robert Yates, Mr. Ten Broeck, Mr. Adgate, Mr. Cuyler — For Albany. Colo. Allison, Mr. Jos. Smith, Mr. Wisner. Colo. Sherwood — For Orange. Mr. Stevens — For Cumberland. Judge Graham, Mr. Morris, Mr. Mills, Colo. Van Cortlandt, Major Lockwood — For Westchester. Mr. Smith— For Suffolk. Mr. R. R. Livingston, Mr. James Livingston, Capt. John Schenk, Capt. Piatt, Mr. Gilbert Livingston— For Dutchess. Mr. Harper, Mr. Veder, Mr. Newkerk, Mr. Paris— For Tryon. The Convenlion having information that a sufficiency of shirts were already provided for the troops raising in this State, directed Major Lockwood to inform Mr. Leake to withhold the purchasing of any more shirts; and the House being since informed that a greater quantity of shirts than these provided, will be wanting : Resolved, That Mr. Curtenius, Mr. Leake, and the other persons employed to purchase clothing for the troops raising in this State, be directed to proceed in the purcha- sing of shirts, &.c. the above mentioned order notwith- standing. Resolved and Ordered, That the resolutions of this Convention, passed on the sixth day of March instant, ap- pointing commissioners to dispose of the personal properly of ill disposed persons gone over to the enemy, and the re- solutions of the seventh instant, empowering ihc commis- sioners appointed for the detecting and defeating all con- spiracies wilhin this Slate, to permit such persons to go to the enemy as refuse to lake the oath of allegiance to this State ; the last letter received from the said commission- ers, the resolutions of yesterday in addition to the first above mentioned, and the resolutions of yesterday in ad- dition to the second above mentioned resolutions ; and also, the five several queries delivered to Convention this day on behalf of Richard Snedeker, Esquire, and others, pri- soners on parol, who have been before the said commis- sioners first above mentioned, be committed to a committee of this Convention, to consider of and report thereon. Ordered, That Mr. Jay, Mr. Piatt and Mr. R. R. Li- vingston, be a committee for that purpose. The following resolutions relative to Mrs. Clopper and Miss Clopper, the wife and daughter of Cornelius Clopper, were read and agreed to, viz : Resolved, That Mrs. Clopper, wife of Cornelius Clop- per, who hath lately gone to the enemy at New-York, be permitted to proceed thither with her daughter. Resolved, That they be permitted to take with them their apparel and only such part of the furniture of the said Cornelius Clopper, as the commissioners for taking care of the personal property of persons gone to the enemy, may judge necessary for their accommodation ; and that they take no more provisions and liquor of any kind with them than what the said commissioners may judge to be neces- sary for their comfortable subsistence on their passage. Resolved, That plate ought not to be considered as in- cluded in the article of furniture, and that the said commis- sioners ought to examine the baggage of the said persons, and take care that these resolutions be punctually executed. Resolved, That the said commissioners do administer an oath to the said persons, not 10 carry any letters with them or communicate any intelligence to any person or persons in the city of New-York, or other places in possession of the enemy. Resolved, That the said persons do not take with them any books of accounts, bonds, notes, or deeds, nor any greater sum in money or cash than the sum of fifty pounds. Ordered, That the Secretary wait on Mrs. Clopper with a copy of the foregoing resolutions. A letter from John Barclay, Esquire, chairman of the committee of Albany, dated the 19th instant, relative to obstructing the navigation of Hudson's river at the Groot Embought and the removing the grain from places adja- cent to the river, was read. Ordered, That the last paragraph of the said letter re- lating to ihe removal of the grain, be committed to Capt. Piatt. Major Lawrence and Mr. Jacob Cuyler. A letter from John A. Bradt, dated at Schenactady, the 18th of March instant, with a muster roll of his company, showing the state of that company on the 5th instant, were respeclively read and filed. A letter from Lieut. Colo. James Bruyn, of Colonel Dubois' regiment, dated the 19th instant, applying, at the request of Colonel Dubois, for an advance of one thousand pounds on account of bounty for the said regiment, was read and filed. Resolved, That one thousand pounds be advanced to Colonel Lewis Dubois for the purpose of paying the boun- JOURNAL OF THE PROVINCIAL CONVENTION. 847 ties which are or may be due to his regiment, and that the same be charged to the said regiment. Ordered, That the Treasurer of this State advance to Colonel Lewis Dubois the sum of one thousand pounds, on account of bounty for his regiment. And, Ordered, That the said Treasurer pay the said sum of one thousand pounds to Lieut. Colo. Bruyn, of the said regiment, and take his receipt for the same. Resolved, That the colonels of the regiments directed to be raised in this State, be informed that their future ap- plications for money be made to the Paymaster-General of the American army. Resolved, That copies of the receipts or vouchers of the sums of money advanced by this State to the colonels of the said regiments, be forthwith transmitted to the Pay- master-General. The petition of Samuel Knap, confined in Orange county jail under sentence of death, was read and committed to the committee to whom are committed the letters from General George Clinton and Colonel Woodhull, with the papers of the general court martial. Major Lockwood, for reasons assigned, had leave of absence. The report of the committee for ways and means for clearing the jail in Kingston and removing the prisoners from thence, was read and agreed to. DIE LUNiE, 10 ho. a. m. March 24, 1777. The Convention met pursuant to adjournment. Present — Brigr. General Ten Broeck, Prest. Mr. Jay, Mr. Phil. Livingston, Mr. Beekman, Mr. Dunscomb, Colo. Stoutenburgh — New-York. Mr. Moore, Mr. Wra. Harper, Mr. Paris, Mr. Veder, Mr. Newkirk — Tryon. Mr. Wm. Smith— Suffolk. Mr. Adgate, Mr. Cuyler, Genl. Ten Broeck, Mr. Robert Yates — Albany. Mr. Mills, Judge Graham, Col. Van Cortlandt — Westchester. Major Webster — Charlotte. Major Lawrence — Queens. Col. De Witt, Major Tappen— Ulster. Mr. Wisner, Colo. Sherwood — Orange. Mr. Jno. Schenk, Mr. Piatt, Mr. Jas. Livingston — Dutchess. A letter from His Excellency General Washington, dated the 20th instant, acknowledging the receipt of sundry affidavits of persons lately from New-York, was read and filed. A letter from Archibald Hamilton, Esquire, to G. Morris, Livingston and Allison, Esquires, as a committee of cor- respondence, was read. He accepts the proposal of cor- responding with the committee. A letter from Egbert Benson and Melancton Smith, Esquires, dated at Fishkill, Sunday, 6 o'clock, informing that a frigate, four transports, (filled with men,) two ten- ders, and two row gallies, of the enemy, were coming up Hudson's river ; of the landing of about 300 of the enemy at Verplank's Point ; that they had embarked in boats and were preparing to land about the same number higher up, was read. Mr. Lyon says that a captain of artillery (as he thinks) from Peekskill, informed him that the enemy had landed at Peekskill Landing about 1,500 men ; that General Mc- Dougall burnt the stores, and retired to the barracks No. 2, on a hill at Peekskill ; that the said captain said he saw the enemy fire a field piece from about Peemorts, which killed one and wounded one or two ; that General McDou- gall has some troops, but not enough to stand them. A certificate of General George Clinton, dated the 19th of March, at New-Windsor, was read. General Clinton thereby certifies, " that the bearer, Daniel Harris of Cap- tain Woodhull's company of Orange county light horse, was out with the militia under my command last winter ; that he was detached with a party of said company to lake a number of horses near Pomplon, supposed to be purchas- ed for the use of the enemy, and he has reason to believe that by exerting himself on that occasion, which required despatch, he lost his own horse by riding too fast." A certificate on the said subject, from Ebenezer Wood- hull, Esquire, captain of the said troop, dated at Bloom- ing Grove, on the 21st inst. was also read. He thereby certifies, " that the horse, the property of the bearer, Daniel Harris, was lost on duly with him last winter." The Convention took the said certificates into considera- tion ; and thereupon, Resolved, That the said Daniel Harrison, commonly called Daniel Harris, who is highly recommended for his zeal and activity, having by exerting himself in the public service of his country, and thereby prevented a number of horses from being carried down to, or near to the enemy, injured his horse so that he suddenly died, ought to be paid for the said horse, Resolved, That the sum of forty pounds be allowed to the said Daniel Harris, to enable him to purchase another horse for service in the said troop. Therefore, Ordered, That the Treasurer of this State pay to the said Daniel Harris the sum of forty pounds, to enable him to purchase another horse for service in the said troop, and take his receipt for the same. A draft of a letter to the commissioners for detecting conspiracies, &c. and sundry resolutions authorizing Co- lonel Swartwout to call out the militia of Dutchess county for opposing the incursions of the enemy, who it is said are landed near the Highlands, were read and approved, and are in the words following, to wit : " Gent. — Your letter of yesterday has been received and laid before the Convention. As no intelligence has been received from General McDougall, and the account transmitted by you is uncertain, and perhaps not well founded, the Convention have come to a resolution, of which the enclosed is a copy, authorizing Colonel Swart- wout to call out all, or such part of the militia of the county of Dutchess, as he, in his discretion, may from time to time think proper. And it is the desire of the House that your board afford him the benefit of your advice, aid and influence. Your situation will enable you to gain frequent information from Peekskill, and whatever expense may be necessary for the purpose, you will charge to the Conven- tion. You will be pleased to furnish the Convention by express, as soon as possible, with a true state of the mili- tary operations at Peekskill and its neighbourhood. " Yrs. &c. " To Egbert Benson, Esqr. and the other Commissrs. for detecting con- spiracies, &c." Resolved, That Colonel Jacobus Swartwout be and he hereby is authorized, empowered and required, at his dis- cretion, to call out all or such part of the militia of Dutchess county as he may, from time to time, think ne- cessary for the security of the important forts and passes in the Highlands, and to oppose the incursions of the ene- my into this State ; and that he have power to impress horses, teams and carriages, and pay for the reasonable hire or use of the same. Resolved, That the said Colonel Jacobus Swartwout take the command of the said militia so to be by him call- ed into service ; that they be allowed Continental pay and rations, and be subject to the laws and regulations provid- ed for the government of the Continental troops while in service. That Colonel Swartwout be authorized and di- rected to settle the pay which may become due to the said militia, and that he appoint a paymaster for that purpose. That one thousand dollars be advanced to Colonel Swart- wout for that purpose, and that he be accountable for the same ; and that he be and hereby is authorized to draw on 848 JOURNAL OF THE PROVINCIAL CONVENTION. the President of this Convention for such sums as may he necessary to enable him to execute the above resolutions. Die Lvnje, 4 ho. P. M. March 24, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Mr. Robert Harper, Mr. Dunscomb, Mr. Phil. Livingston, Major Van Zandt, Mr. Beekman, Mr. Stoutenburgh, Capt. Rutgers— New- York. Col. De Witt, Mr. Tappen— Ulster. Mr. VV. Harper, Mr. Veder, Mr. Paris, Mr. Moore— Tryon. Mr. Adgate, Mr. Cuyler, Genl. Ten Broeck, Mr- Robt. Yates— Al bany. Judge Graham, Mr. Mills, Col- Van Cortlandt— Westchester. Mr. Jas. Livingston, Mr. Gilbert Livingston, Mr. Piatt, Mr. Schenk— Dutchess. Mr. W. Smith— Suffolk. Mr. Wisner, Colo. Sherwood — Orange. Major Lawrence — Queens. Major Wynkoop— Charlotte. Mr. Stevens— Cumberland. Colonel De Witt informed the Convention that many of the inhabitants of this county are destitute of gunpowder, and that it is much wanted, as they are in danger of a sud- den attack from the enemy. Thereupon, Resolved and Ordered, That Mr. Wisner be requested to order one ton of gunpowder, belonging to this State, to Kingston, with all convenient despatch. Adjourned to nine o'clock to-morrow morning. DIE MARTIS, 9 ho. a. m. March 25th, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Abm. Ten Broeck, President. Mr. Jay, Mr- Duane, Mr. Phil. Livingston, Major Van Zandt, Mr Dunscomb, Colo. Stoutenburgh, Capt. Rutgers, Mr. Beekman, Mr Harper — New-York. Major Tappen, Colonel De Witt — Ulster. Judge Graham, Mr. Mills, Mr. Morris— Westchester. Genl. Ten Broeck, Mr. Robert Yates, Mr. Adgate, Mr. Cuyler—^/- bany. Mr. Newkerk, Mr. Paris, Mr. Moore, Mr. Wm. Harper, Mr. Veder— Tryon. Mr. Wisner, Colo. Sherwood — Orange. Mr. Stevens — Cumberland. Mr. W. Smith— Suffolk. Mr. Piatt, Mr. Jno. Schenk, Mr. Gil. Livingston — Dutchess. Major Webster — Charlotte. A letter from General George Clinton, dated the 23rd inst. and a letter from Richard Snediker, dated the 24th instant, were respectively read. Ordered, That both these letters be referred to the com- mittee appointed to consider of the late resolutions, com- monly called the act of grace, &c. &c. A letter from Laurance Fonda, chairman pro tern, of the committee of the district of Claverack, including the proceedings of the said committee relative to Lieut. Colo- nel John Van Allen, was read. Resolutions, empowering General George Clinton to call out the whole or any part of the militia of the coun- ties of Dutchess, Ulster, Orange and Westchester, when- ever he shall deem the same necessary, were read and agreed to, and arc as follows : Whereas this Convention hath great reason to appre- hend that the enemy will make strenuous efforts to gain possession of the forts and passes in the Highlands, and to make incursions into and desolate the counties of West- chester, Dutchess, Ulster and Orange: And whereas in the course of military operations, the exigences of affairs may often render the calling into service all or part of the militia of those counties so pressing as to render applica- tions to this Convention inexpedient, by reason of tiie dis- tance they may be from the scene of action, as well as the delays which attend the deliberations of large bodies : And whereas Brigadier-General George Clinton doth, by his commission, take rank of all the other brigadier-gene- rals in the counties aforesaid, and the Convention reposing great confidence in his integrity, prudence and military skill : Resolved, That Brigadier-General George Clinton be, and he is hereby authorized and required, either on the re- quisition of His Excellency General Washington, or at his own discretion, to call into actual service, all or any part or portion of the militia (as well horse as foot) of the counties of Westchester, Dutchess, Ulster and Orange, or either of them ; and that he station the said militia in such manner as may be most proper for the securing the forts and passes aforesaid, and frustrating the attempts of the enemy to make incursions into this State. And that they be dis- charged as soon as the arrival of a sufficient number of Continental troops, or other contingency shall render their continuance in the field unnecessary. Resolved, That all such of the militia of this State as shall be called into actual service, shall be entitled to Con- tinental pay and rations, and be subject to the order and regulations made for the government of the American army. And whereas just cause of discontent hath heretofore arisen from the delays which have frequently been made in paying off the militia of this Stale, after having been in actual service as aforesaid, Resolved, That all such sums of money as General George Clinton shall certify to be justly due to any body of the Militia, so by him called into actual service, shall, on the receipt of such certificate, and of the accounts and vouchers respecting the same, be forthwith paid out of the treasury of this State. And whereas from the neglect of deputy quarter-mas- ters and others, many of the inhabitants in this State, whose teams, carriages and horses have been impressed into the service, have not been paid their reasonable wages and hire for the same, whereby divers of zealous friends to the American cause, have had just reason to complain, and been discouraged from affording their aid, Resolved, That General George Clinton, have power to impress carriages, horses, teams, boats and vessels ; and that he take care that the wages or hire due for the same be punctually paid ; and for that purpose, whenever satis- faction for the same cannot otherwise be speedily obtained, that he draw on the Convention for such sums of money as may be necessary for that purpose. Resolved, That nothing in these resolutions contained shall be construed to enable Brigadier-General George Clinton to take rank of such other of the brigadier-gene- rals of this State, as by the rules and orders for arranging the ranks of the officers of the militia of this State, have precedence of him. Resolved, That Brigadier-General George Clinton, whenever he shall call out into actual service all or any part of the militia of the counties aforesaid, do transmit to this Convention a statement of the reasons for the same, in order that the Convention may be enabled to judge whether the expense thereof ought to be charged to the account of the General Congress, or of this State. Resolved, That the powers by the aforegoing resolu- tions vested in the said Brigadier-General George Clinton, continue in full force until the first day of August next, unless sooner determined by the Convention, or future ex- ecutive power of this State. Ordered, That a copy of the aforegoing resolutions be immediately transmitted to Brigadier-Genera! George Clin- ton, and that another copy be sent to Fishkill, to be pub- lished in the newspaper. A letter from John Harper, Esquire, of Harpersfield, re- lative to his journey to Onehoghquaga, dated the 10th of March, was read. JOURNAL OF THE PROVINCIAL CONVENTION. 849 The account of his expenses therein enclosed, amount- ing to £28 lis. Od. was also read. A speech of five Indian chiefs named Adam, Peter, Isaac, Jacob, Hendrick, dated at Onehoghquaga, on the 1st of March instant, was also read. Ordered, That the said letter, account and speech, be committed to Mr. Duane, Mr. Paris and Mr. Cuyler, to report thereon. Tuesday Afternoon, March 25th, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Mr. Duane, Mr. Rutgers, Mr. Harper, Colo. Stoutenburg, Major Van Zandt, Mr. Dunscomb— New-York. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk — Tryon. Genl. Ten Broeck, Mr. Cuyler, Mr. Adgate— Albany. Mr. Wisner, Colo. Sherwood— Orange. Major Webster — Charlotte. Mr. Smith — Suffolk. Major Lawrence— Queens. Capt. Piatt, Capt. Jno. Schenk, Mr. G. Livingston — Dutchess. Mr. Stevens — Cumberland. Major. Tappen, Col. De Ditt— Ulster. Mr. Mills, Mr. Morris, Judge Graham — Westchester. Colonel Dirck Ten Broeck, of Albany, attending in pursuance of his appointment to be commissioner for su- perintending the Continental loan office in this State, was called into Convention. By order of the House he was asked from the Chair, whether he was willing to accept that office, to which he answered in the affirmative. By order of the House he was then asked what security he proposed to give for the faithful execution of that office ; to which he replied, that he proposed Philip Livingston and Abraham Ten Broeck, Esqrs. Colo. Ten Broeck then withdrew. On the question being put whether the said sureties pro- posed by Colonel Ten Broeck are sufficient. Resolved, unanimously, That the said sureties offered by Colonel Ten Broeck, are sufficient and agreeable to Con- vention. The bond proposed to be taken from Colo. Ten Broeck, for the faithful execution of the office or trust of commis- sioner for superintending the Continental loan office in this State, was then read and approved of. Ordered, That the said bond be executed. The same being executed, is in the words following, to wit: " Know all men by these presents, that we, Dirck Ten Broeck, of the city of Albany, in the county of Albany, commissioner within the State of New-York for superin- tending the loan office established according to a resolu- tion of Congress of the third day of October last past, for borrowing money for the use of the United States of Ame- rica, and Philip Livingston, late of the city of New-York, and Abraham Ten Broeck, of the city of Albany, Esquires, are held and firmly bound unto Peter Van Brugh Living- ston, or his successors, Treasurer of the State of New- York, aforesaid, in the sum of twenty thousand pounds, New-York money, to be paid to the said Peter Van Brugh Livingston, or his successors, Treasurers of the said State ; for the payment whereof we bind ourselves, our heirs, exe- cutors and administrators, jointly and severally, by these presents. Sealed with our seals and dated the twenty-fifth day of March, one thousand seven hundred and seventy- seven. " The condition of this obligation is such, that if the above bounden Dirck Ten Broeck shall in all things well and faithfully perform the duty of such a commissioner as aforesaid, according to the true intent and meaning of the 213 said resolutions, then and in such case the above obligation to be void, else to remain in full force and virtue. (Signed,) " DIRCK TEN BROECK, [l. s.] " PHIL. LIVINGSTON, [l. s.] " ABM. TEN BROECK, [l. s.J " Sealed and delivered in ) the presence of us. > " Robt. Benson, " John McKesson." Ordered, That the said bond be deposited in the Trea- sury of this State, and for that purpose, that one of the Se- cretaries deliver the same to Gerard Bancker, Esquire, the Vice-Treasurer, and take his receipt for the same. Ordered, That one of the Secretaries write to Michael Hillegas, Esquire, Continental Treasurer, and inform him of the appointment of Dirck Ten Broeck, Esquire, to the office of commissioner for superintending the loan office established in this State, in the stead of Henry I. Van Rensselaer, Esquire, formerly appointed, and who has de- clined accepting the said office. The following resolutions, relative to the raising of hemp, were read and agreed to, to wit : Resolved, That a quantity of hemp seed, not exceeding five hundred bushels, be purchased at the expense of this State, and transported, one-sixth part thereof to Kingston, three-sixth parts thereof to the county of Albany, and two- sixth parts thereof to the county of Tryon, and distributed gratis among such of the farmers of this State as, in the opinion of the county committees of the said counties re- spectively, will attend to the culture of the same ; provided, that no person have less than five nor more than ten bushels thereof. Resolved, That Governeur Morris be authorized to em- ploy such persons in New-Jersey as he shall think fit, to purchase and forward the said hemp seed to James Jack- son, of New- Windsor ; and that this Convention will pay and discharge such bills as shall be drawn on their Presi- dent for the first cost and charge of transportation of such hemp seed, and allow five per cent, commissions to the purchasers for their trouble in the premises. Resolved, That Mr. James Jackson do, on receipt of the said hemp seed, forward one-sixth part thereof to Kingston, aforesaid, and the remainder thereof to the city of Albany, to be delivered to the committees aforesaid, or their order; and that he render an account of his trouble and expense therein to this Convention. Resolved, That a bounty of twenty shillings shall be al- lowed and given by this State for every hundred weight of good, merchantable hemp, which shall be raised and dress- ed fit for manufacturing within this State, to the first day of June, one thousand seven hundred and seventy-eight ; and that a certificate of the inspector of hemp, to be ap- pointed by this Convention, or the future executive power of this State, with the affidavit of the person raising the same, purporting that the same was actually raised within this State within the time above limited, and is of good and merchantable quality, shall entitle the person raising the same to the said bounty ; provided, that no person shall be entitled to the bounty unless he shall have raised at least three hundred weight of such hemp within one year. DIE MERCURII, 10 ho. a. m. March 26, 1777. The Convention met pursuant to adjournment. Present — Brigadier Genl. Abm. Ten Broeck, President. Mr. Duane, Colo. Stoutenburgh, Capt. Rutgers, Mr. Dunscomb, Colo. Lott, Mr. Beekman, Mr. Jay, Mr. Phil. Livingston— New-York. Mr. W. Smith— Suffolk. Mr. Mills, Mr. Morris, Judge Graham— Westchester. 850 JOURNAL OF THE PROVINCIAL CONVENTION. Mr- Stevens— Cumberland. Geul. Ten Broeck, Mr. Cuyler, Mr. Adgate, Mr. Robt. Yates— Albany. Capt. Piatt, Capt Jno. Schenk, Mr. Gil. Livingston, Mr. Robt. R. Livingston — Dutchess. Major Tappen, Colo. De Witt, Major Parks — Ulster. Mr. Wisner, Colo. Sherwood, Colo. Allison— Orange. Mr. Moore, Mr. W. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk— Tryon. Major Webster— Charlotte. Major Lawrence — For Queens. A letter from Messrs. Melancton Smith and Egbert Ben- son, the commissioners at Fishkill, dated the 25th instant, at 4 o'clock, P. M. was read, and is as follows, to wit : "Fishkill, Tuesday, 4 o'clock, P. M. March 25, 1777. " Sir — Capt. Mitchell, who this moment arrived from Peekskill, which place he left about 10 o'clock, gives us the following intelligence, viz : That yesterday, about sun- set, about 80 of our troops under the command of Lieut. Colo. Willet, attacked the advanced post of the enemy on a height beyond Colonel Van Corllandt's house, who im- mediately retired with precipitation ; and their whole body, about 9 o'clock, began to embark. Our people are again in possession of their former quarters. We cannot learn that the enemy have been able to carry off stores to any amount ; and have taken with them only about 40 sheep and eight or ten head of cattle, and have penetrated a very little way in the country. The stores at Cortlandt's cor- ners and Drake's mills, are saved. There are only four houses burnt by the enemy. When Capt. Mitchell came away, they were loosing their topsails, and making ready to sail. They gave out that they intended to stop at Tarry Town, and endeavour to destroy the stores at Wright's mills. We have no intelligence from Majr. Fish, but have reason to believe the stores there are saved, as some com- panies of the Cortlandt manor militia have marched there. We have lost no men, though two wounded, one it is fear- ed, mortally. The enemy left three men dead on the field, and one taken prisoner. The tories furnished the enemy with what cattle and sheep they got, but we cannot learn that they flocked in to them in any great numbers. Lieut. Gano, with about twenty men, maintained his post at Fort Independence, during the whole of the time. By a deserter, Genl. McDougall learned that the enemy's force was about 600, all British ; consisting of 4 regiments of about 150 each. We thought this intelligence, as it is un- doubtedly true, of so much importance, that we have com- municated it by express. We received the resolution for Colonel Swartwout, and as he had gone forward with the militia to Peekskill, we forwarded it by express. " We remain sir, with respect, " Your very humble servants, " MELANCTON SMITH, "EGBT. BENSON. " P. S. No militia has marched from this county ex- cept Col. Brinckerhoff 's." A draft of a letter to Messrs. Smith and Benson, com- missioners, in answer to their letter of the 25th instant, was read and approved of, and is in the words following, to wit: " Gent. — Your favour of yesterday was laid before Convention. I am directed to assure you that the success of the detachment of the Continental troops under the command of Lieutenant-Colonel Willet, gives the Con- vention very particular pleasure. The bravery displayed on this occasion, will not only encourage our friends and relieve them from disagreeable apprehensions, but must, under Divine Providence, have a happy influence on fu- ture operations. Your attention in furnishing us with this intelligence, is highly acceptable to Convention ; and they beg you will continue to inform us of every interesting event. The Convention request you will publish in Lou- don's paper, as soon as possible, an authentic narrative of the defeat and retreat of the enemy. Your letter to Con- vention would have been forwarded for this purpose, had it not been apprehended that by the time this comes to hand, it may be in your power to publish a more particular de- tail. The attack of the enemy upon Ward's house having been much misrepresented, the Convention also wish that you would procure a state of the facts, and get it likewise published. Some resolutions respecting what is common- ly called the Act of Grace, are now under consideration. I am therefore directed to request you to suspend your proceedings thereon until you hear from Convention, which will be very soon ; considering yourselves, however, at li- berty to administer the oath to such as are willing to take it, and on whose sincerity you think you may rely. " Yours, &c." Ordered, That a copy be made, and signed by the Pre- sident, and transmitted by the messenger who brought their letter. A letter from Ryer Schermerhorne, acknowledging his fault in having exchanged thirteen Continental dollars for six Spanish silver dollars, dated at Kingston, the 24th in- stant, was read, &c. Ordered, That the said letter be committed to the same committee to whom was referred the letter from Herman Hoffman and the depositions relating to Ryer Schermer- horne. . Colonel De Witt gave notice that he will to-morrow, move to reconsider the order for publishing the resolutions passed yesterday, relative to the militia of Westchester, Dutchess, Ulster and Orange. The petition of Lieutenant-Colonel Birdsall to the com- mittee of Dutchess county, for an assignment of a farm for a temporary support of his family, with the several certificates attending the same, were read. Ordered, That the Secretaries search for, and show to Convention, such resolutions of Convention as have pass- ed, relative to the effects or estates of persons who are gone over to the enemy. The Convention received a certified copy of a resolu- tion of the Honourable the Congress of the United States of America, dated the 21st of January last, which was read, and is in the words following, viz : "In Congress, Jany. 21, 1777. " Application having been made to Congress by the friends of Major West, of the third Pennsylvanian battal- lion, now a prisoner with the enemy for an exchange of him for Mr. Jauncy, Junior, and that if the exchange takes place, Mrs. Jauncy be permitted to accompany her hus- band ; and it appearing, on consideration of this applica- tion, that the said Mr. Jauncy, Junr. was removed to the State of Connecticut from New-York by direction of the Convention of the said State of New-York, " Resolved, That the said application be referred to the Convention of New-York, that they may do therein what shall be proper. " Extract from the minutes. "CHAS. THOMSON, Secy. The Convention proceeded to take the aforegoing reso- lution into consideration : And thereupon, Resolved, That this Convention do approve of the pro- posal of exchanging the said James Jauncy, Junior, for the said Major West ; that a copy of this resolution, and of the aforesaid resolution of Congress, be forthwith trans- milted to the Honourable Jonathan Trumbull, Esquire, Governor of the State of Connecticut, and that he be re- quested to take the parol of the said James Jauncey, Junr. forthwith to repair with his family from the State of Con- necticut to this place ; and that on his arrival here, notice thereof be given by the President of this Convention to His Excellency General Washington, in order that such steps may be taken to obtain the exchange of Major West for the said James Jauncy, Junr. as His Excellency may think proper to prescribe. Ordered, That the President write a letter to His Ex- JOURNAL OF THE PROVINCIAL CONVENTION. 851 cellency Governor Trumbull, enclosing him a certified copy of the resolution of Congress, and of the resolutions of this Convention thereon ; that he send the said letter by express, and direct the messenger to wait for the Gover- nor's answer. Mr. Morris moved, and was seconded by Mr. Jay, that this Convention send Mr. Tilghman a present of a horse, not exceeding the value of one hundred pounds, for his services in corresponding with a committee of this Con- vention. The question being put thereon by ayes and nays, it was carried in the negative. Mr. Duane then moved for the following resolution, viz : Resolved, That a present be made to Colo. Tilghman, not exceeding the value of , for his services in cor- responding with a committee of this House, at their re- quest, respecting the military operations last fall and win- ter. Mr. Morris then moved, and was seconded, that the blank in the above motion be filled up with the words " not exceeding the value of eighty pounds." Debates arose thereon, and the question being put, it was carried in the affirmative, in manner following : For the affirmative. Westchester, 4 New-York, 8 Albany, 6 Tryon, 3 Mr. Moore and Mr. Har- per dissenting. 21 For the negative. Dutchess, 5 Orange, 3 Ulster, 4 12 Therefore, Resolved, That a present be made to Colonel Tilghman, not exceeding the value of eighty pounds, for his services in corresponding with a committee of this House, at their request, respecting the military operations last fall and winter ; and that Mr. Morris, Mr. Duane and Mr. Jay be a committee to lay out the said money in such manner as they shall think will best answer the purpose ; and that the same be paid to the said committee on the President's warrant to the Treasurer. A draft of a letter to the committee of Albany, was read and approved, and is in the words following, to wit : " Sir — I am directed by the Convention to acknowledge the receipt of your letter of the 19th instant, in answer to which I am to inform you that they cannot fully approve of the mode of obstruction proposed by your body, nor the place in which you intended to make it, since any such obstruction, unless defended by fortifications from the shore, must be useless ; and as the Convention are at pre- sent engaged in preparing materials for obstructing the na- vigation in Hudson's river, near the Highlands, which they would wish to complete as soon as possible, I am directed to inform you, that in case you have engaged any of your vessels for the purpose you mention, it would be proper to send them down to the Highlands, loaded with stone, to expedite the sinking of the frames of timber designed by General Clinton for obstructing ^that part of the river, which, if speedily completed, will add much to the secu- rity of the inhabitants on this side the Highlands. You will be pleased to agree with the masters of said vessels, to be paid in like manner with others employed in the same service, in proportion to the burthen of their vessels. " Yours, &c. " P. S. The subject of removing wheat, &c. &c. &c. is under consideration ; the result of which will be for- warded to you as soon as the House come to a determina- tion thereon. " To the Chairman of the Committee of Albany." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Die Mercurii, 4 ho. P. M. March 26, 1777. The Convention met pursuant to adjournment. Present — Brigadier- Genl. TenBroeck, President. Colo. Stoutenburgh, Mr. Dunscomb, Major Van Zandt, Mr. Duane, Mr. Jay, Mr. R. Harper, Col. Lott, Mr. Beekman— New-York. Mr. Moore, Mr. W. Harper, Mr. Paris, Mr. Newkirk— Tryon. Genl. Ten Broeck, Mr. Cuyler, Mr. R. Yates— Albany. Capt. Piatt, Mr. James Livingston, Mr. Jno. Schenk, Mr. R. R. Li- vingston, Mr. Gilbert Livingston — Dutchess. Mr. W. Smith— Suffolk. Mr. Stevens — Cumberland. Mr. Mills, Mr. Morris,. Judge Graham — Westchester. Major Webster, Mr. Duer— Charlotte. Maj. Tappen, Maj. Parks, Col. De Witt— Ulster. Col. Allison, Mr. Wisner — Orange. A letter from Colonel G. Van Schaick, at Albany, dated the 24th of March instant, was read, and is in the words following : " Gentlemen — Pursuant to a resolution of Convention of the State of New-York, passed the 10th instant, I en- close two returns of the first regiment raising in this State, the one specifying particularly the number of men enlisted by each officer, the other in what manner the regiment is stationed. I much lament the necessity of the regiment being separated, which will prevent me from giving the ne- cessary orders and instructions for disciplining the officers and men, and put it out of my power to see that the strictest attention is had to the soldiery, to keep up subordination and good order, matters of the first importance to new troops. It is a matter of concern to me to be under the disagreeable necessity of acquainting Convention, that it is out of our power to complete the battalion this season; the number of men enlisted in these parts for Cols. Livingston, Hazen, Warner, and upwards of four hundred batteau men, have so drained the town and county, that of late, the officers on the recruiting service have very little success; fifty-three have deserted and died since the regiment was first established, and which are not included in the enclosed returns. " I am, with perfect esteem, " The Convention's most humble " And obedient servant, " G. V. SCHAICK." A return of the names of the officers in Colo. Van Schaick's regiment, with the number of men recruited by each officer therein ; and also a return of the said regiment in its present detached state, showing the number of men in each detachment, were respectively read. Ordered, That the said returns be put on the military file. Resolved, That a committee of three be appointed to devise ways and means for providing a permanent defence for protecting the inhabitants of the counties of Westches- ter and Orange from the ravages of the enemy. Resolved, That Mr. Duer, Mr. Morris and Mr. Wisner be the committee. Resolved, That the report of the committee for recruit- ing the Continental regiments raising in this State, betaken into consideration to-morrow morning. The House proceeded to the further consideration of the plan or form of government. The 36lh paragraph of the form of government was read; the minutes of this Convention on the 21st instant on the said 36th paragraph were then read. The question on Mr. Morris's motion, viz: that the words " and subjection" in Jay's proposed amendment, be oblite- rated, was then put, and carried in the negative, in manner following, viz : 852 JOURNAL OF THE PROVINCIAL CONVENTION. For the negative. Tryon, 3 New- York, 8 Orange, 3 Ulster, 4 For the affirmative. Westchester. 4 Mr. Mills dissenting. Dutchess, 5 Mr. Piatt dissenting. Charlotte divided. — Albany, 6 18 Mr. Adgate dissenting. 15 The question upon Mr. Jay's motion being then put, it was carried in the affirmative, in manner following, viz : For the affirmative. For the negative. Orange, 3 Westchester, 4 Ulster, 4 Mr. Mills dissenting. New-York, 8 Dutchess, 5 Tryon, 3 Capt. Piatt and Mr. Gil. Li- Charlotte, 2 vingston dissenting. Albany, 6 — 26 Mr. Jay then moved, and was seconded by Colo. De Witt, for the following addition to that paragraph, to wit : " provided that nothing herein contained shall be construed to interfere with the connection heretofore subsisting be- tween the Dutch congregations in this State and the classes and synods in Holland." Debates arose thereon. Mr. Jay then moved, and was seconded, for the follow- ing amendment to his last proposed amendment, to wit : that from the words " construed to," be obliterated, and the following words there substituted : " discontinue the innocent connection which non-episcopalian congregations in this State have heretofore maintained with their respec- tive mother churches in Europe, or to interfere in any of the rights of the episcopalian churches now in this State, except such as involve a foreign subjection." Debates arose thereon, and the question being put, it was carried in the negative, in manner following, to wit : For the negative. For the affirmative. New-York, 8 Albany, 6 Dutchess, 5 Orange, 3 Ulster, 4 Westchester, 4 Charlotte, 2 Tryon, 3 29 Mr. Jay then moved for leave to withdraw his first above proposed amendment. Debates arose thereon, and the question being put, the votes were as follows : For the negative. Westchester, 4 For the affirmative. New-York, 8 Albany, 6 Ulster, 4 Orange, 3 Dutchess, 5 Tryon, 3 Charlotte, 2 31 The question being then put on the first proposed amend- ment, it was carried in the negative by the unanimous vote of every county present, viz : Orange, 3 Albany, 6 New-York, 8 Tryon, 3 Ulster, 4 Westchester, 4 Charlotte, 2 _ Dutchess, 5 35 Mr. Jay moved, and was seconded by Mr. Morris, that the words " and purchased lands and tenements within the same," may be transposed, and that the following words may be inserted in that paragraph, viz: " and shall comply with such further regulations as the future Legislature o"f the State may from time to time make, respecting the na- turalization of foreigners," and that the words " and hold" be inserted after the word " purchase." Ordered, That the paragraph be first read with the transposition only of the words and hold, so that the para- graph read thus, viz : " And this Convention doth further ordain, determine and declare that every person and persons who shall here- after come within this State, and before the supreme court shall take an oath of allegiance to this State, and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate and state, in all matters, ecclesiastical as well as civil, shall be thereby naturalized, and enabled to purchase and hold lands in this State, and enjoy all the rights and privileges of other the subjects of this State." The paragraph being thus transposed, the transposition was agreed to. The other proposed amendment was read, and the para- graph read with the amendment. The question was then put on the said other amendment proposed, to wit, to insert the words " and shall comply," &c. and was carried in the negative, in the manner follow- ing, to wit : For the negative. For the affirmative. New-York, 8 Albany, 6 Charlotte, 2 Orange, 3 Ulster, 4 Westchester, 4 Dutchess, 5 — — 13 19 Tryon divided. Thereupon, Ordered, That the said last mentioned proposed amend- ment be rejected. Mr. Morris then moved, and was seconded by Mr. Robt. Yates, that that part of the 36th paragraph which follows the word "declare," be obliterated, and the following substi- tuted in its stead, viz : " That it shall be in the discretion of the Legislature to naturalize all such persons, and in such manner as they shall think proper." Mr. Jay then moved, and was seconded by Major Van Zandt, that the following part of the paragraph, viz : " provided the persons so to be by them naturalized, shall take an oath of allegiance to this Slate, and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate and state, in all matters, ecclesiastical as well as civil," be retained and added to Mr. Morris's motion. Debates arose thereon, whether the question shall be first put on Mr. Morris's motion or Mr. Jay's amendment; and the question being put, it was carried that the ques- tion be first put on Mr. Jay's amendment, in the following manner, viz : That the question be first put on Mr. Morris's motion. Westchester, 4 Charlotte divided. That the question be first put on Mr. Jay's amendment. New-York, 8 Orange 3 Tryon, 3 Ulster, 4 Albany, 6 Dutchess, 5 29 The question being then put on Mr. Jay's motion for re- taining a part of the 36lh paragraph, it was carried in the affirmative, in manner following, to wit : For the affirmative. For the negative. New- York, 8 Westchester, 4 Orange, 3 Albany, 6 Ulster, 4 — Tryon, 3 10 Dutchess, 5 Charlotte divided. 23 Mr. Morris then moved, and was seconded, that the sense of Convention be taken, whether the paragraph, with Mr. Jay's proposed amendment of retaining that part of the paragraph before mentioned, is not the same with the paragraph last rejected. Debates arose thereon, and the question being put, it was carried in the negative, in manner following, to wit : JOURNAL OF THE PROVINCIAL CONVENTION. 853 For the affirmative. For the negative. Westchester, 4 Ulster, 4 Charlotte, 2 Tryon 3 — New-York, 8 6 Mr. Phil. Livingston and Mr. Dunscomb dissent- ing. Orange, 3 Albany, 6 Dutchess, 5 29 The paragraph, with Mr. Morris's amendment, as amended by Mr. Jay's amendment, was then read, in the words following, to wit : " That it shall be in the discretion of the Legislature to naturalize all such persons, and in such manner as they shall think proper, provided the persons so to be by them naturalized shall take an oath of allegiance to this State, and abjure and renounce all subjection to all and every foreign king, prince, potentate and state, in all matters, ecclesiastical as well as civil." The question being put thereon, it was carried in the affirmative, in manner following, viz : For the amendment. Jlgainst the amendment. New-York, 8 Westchester, 4 Albany, 6 Dutchess, 5 Orange, 3 — Tryon, 3 Ulster, 4 Charlotte divided. 24 The further consideration thereof is postponed for the present. Ordered, That Mr. Jay, Mr. Duane and Mr. R. R. Li- vingston be a committee to report a proper paragraph for enabling the members of the other United American States to hold lands in this State. Mr. Morris gave notice, that he will, to-morrow, move for the reconsideration of that paragraph of the form of government which gives the Governor a negative to all laws that may be passed by both Houses of the Legisla- ture. THURSDAY MORNING, March 27, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Mr. Phil. Livingston, Mr. Duane, Mr. Jay, Capt. Rutgers, Major Van Zandt, Colo. Lott, Colo. Stoutenburg, Mr. Harper— New-York. Major Lawrence— Queens. Mr. Rea, Mr. Parks, Colo. De Witt, Major Tappen— Ulster. Genl. Ten Broeck, Mr. Cuyler, Mr. Adgate— Albany. Mr. Wisner, Colo. Allison, Mr. Clarke, Colo. Sherwood— Orange. Mr. Faris, Mr. Harper, Mr. Veder, Mr. Newkirk— Tryon. Mr. Smith— Suffolk. Mr. G. Livingston, Mr. Jas. Livingston, Mr. Piatt, Capt. Jno. Schenk — Dutchess. Major Webster, Mr. Duer— Charlotte. Mr. Morris, Judge Graham, Mr. Mills— Westchester. Col. De Witt communicated to the House, by request of the committee of Kingston, that the jailer of the county jail is careless in the execution of his office ; that there is a dangerous intercourse betwixt the disaffected persons confined in the said jail and persons from without. Resolved, That the committee of Kingston be requested and empowered to take such measures in the premises as they may deem necessary. A certificate signed by Elihu Marvin, chairman, and Daniel Coleman, Zachariah Dubois and Nathaniel Satterly, members of the committee of Orange county, and attested by Thomas Moffat, clerk, of an election held in Blooming Grove, on Saturday the 22d of March, 1777, for the pur- pose of choosing a member to serve in Convention of this State, (in the room of Archibald Little, Esquire, deceased,) when Jeremiah Clarke, Esquire, was duly elected for that 214 purpose, and vested with the same powers wherewith the said Archibald Little, Esquire, deceased was vested, and to continue to serve as one of the members for the county of Orange, during the time that the present Convention of this State conlinueih to serve, was read. Resolved, That Mr. Clarke do take his seat. A former report, drawn by Mr. Morris, as to the rangers, was read. On motion of Mr. Morris, Agreed, That the said report be obliterated. And there- upon the following resolution was agreed to, viz : Resolved, That the companies of rangers commanded by Captains Elias Haasbrouck, Jacob Rutzen De Witt, Alexander Baldwin, John A. Bradt, Marcus Demooth, Christian Kitman, John Winn, Joshua Conckey, Isaac Moss, and Lieut. Gideon Squire, be, and they are hereby discharged. Resolved, That a copy of the aforegoing resolution be served upon the persons therein named, and that their seve- ral companies be paid until the time of the serving of such copies respectively. And whereas this Convention did, on the twenty-sixth day of February last, resolve as follows, viz : Resolved, That every non-commissioned officer or pri- vate in either of the companies of rangers, who shall enlist in any one of the Continental regiments commanded by the Colonels Van Cortlandt, Gansevoort, Van Schaick, Henry B. Livingston or Dubois, shall upon being sworn, be discharg- ed from such company of rangers, and be permitted to join the regiment in which he has so enlisted. Resolved, That no officer of the ranging companies within this State be permitted to recruit any more men. And whereas this Convention are informed that divers of the said rangers have enlisted in the Continental service in other regiments than those specified in the said resolu- tion ; Therefore, Resolved, That such of the said rangers so enlisted be not allowed any pay or subsistence, which may be now due to them, until they shall enlist in one or other of the five regiments in the said resolution specified. Resolved, That the captain, or other commanding officer of each of the companies of rangers above mentioned be, and hereby is directed in his muster roll to return to this Convention, the name of each non-commissioned officer and private who has enlisted out of his company into the Continental service ; and also the number of the regiment, and name of the colonel, or other commanding officer of the regiment into which such non-commissioned officer, or private, has so enlisted. The order of the day being read, Mr. Duane read the report of the committee for recruiting the Continental regi- ments raising in this State, in his place, and delivered the same in at the table, where the same was again read. The first paragraph being read, debates arose thereon. After some time spent thereon, Ordered, That the teport be recommitted, and that Mr. Duer, Mr. Morris, and Mr. R. R. Livingston, be added to the committee. Thursday Afternoon, March 27, 1777. The Convention met pursuant to adjournment. Present — Brigr. General Ten Broeck, President. Mr. Jay, Mr. Phil. Livingston, Mr. Dunscomb, Mr. Beekman, Mr: Harper, Mr. Duane, Major Van Zandt, Colo. Lott, Colo. Stoutenburg, Capt. Rutgers — New-York. Mr. Smith— Suffolk. Genl. Ten Broeck, Mr. Robt. Yates, Mr. Cuyler, Mr. Adgate— Al- bany. Mr. Clarke, Colo. Allison, Colo. Sherwood, Mr. Wisner— Orange. Mr. Paris, Mr. Veeder, Mr. Newkirk, Mr. Moore, Mr. Harper — Tryon. Mr. R. R. Livingston — Dutchess. Mr. Duer, Mr. Webster— Charlotte. Major Parks, Mr. Ray, Colo. De Witt— Ulster. 851 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Mills, Mr. Morris, Judge Graham — Westchester. Mr. Stevens— Cumberland. The Convention took into consideration several things which make it peculiarly necessary, at present, that this State should keep a representation attending in Congress, considered the cases of their respective Delegates, and made some progress towards keeping up such representa- tion. To-morrow being a day set apart throughout this State, by order of Convention, as a day of humiliation, fasting and prayer, the House adjourned till Saturday morning. DIE S ABB ATI, 10 ho. a. m. March 29, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Abm. Ten Broeck, Presidt. Mr. Phil. Livingston, Colo. Stoulenburgh, Mr. Dunscomb, Major Van Zandt, Mr. Beekman, Mr. Duane, Mr. Robt. Harper, Colo. Lott, Capt. Rutgers, Mr. Jay — New-York Mr. Stevens — Cumberland. Major Webster, Mr. Duer— Charlotte. Genl. Ten Broeck, Mr. Adgate, Mr. Cuyler, Mr. Robt. Yates, Col. P. R. Livingston —Jllbany. Colo. Allison, Colo. Sherwood, Mr. Clarke — Orange. Mr. Mills, Judge Graham, Mr. Morris — Westchester. Mr. Smith— Suffolk. Mr. Moore, Mr. W. Harper, Mr. Newkerk, Mr. Paris, Mr. Veder— Try on. Major Tappen, Mr. Rea, Mr. Contine— Ulster. A petition of Thomas Petlit, doorkeeper, dated 25th instant, for the reasons therein set forth, praying for an ad- dition to his wages, was read. Ordered, That it be committed to Mr. Graham, Major Van Zandt and Mr. Cuyler to consider and report thereon. The petition of Leonard Smith, Junr. of New-Marlbo- rough precinct, in Ulster county, dated the 25th instant, setting forth that his sloop was taken into public service last fall, by reason of the approach of the enemy, was stripped of her sails, and left at Terry Town ; that he has frequently applied to his employers for sails to remove the said sloop ; and a certificate of Wm. Dobbs that the said sloop was employed in the Continental service in the months of October and November last, were read. Ordered, That the same be referred to the committee last above named. Whereas Mr. Jacob Le Roy, by his petitions of the 31st day of December last and of the 26th instant, for sun- dry reasons therein assigned, hath prayed the permission of this Convention to go to the city of New-York, Resolved, That the prayer of the said petition be grant- ed, and that the said Jacob Le Roy do make application to His Excellency Genl. Washington, upon this subject, and that he do not go to the said city without leave first obtained of the General. Resolved, That Mr. Rutgers and Major Tappen be a committee to purchase the thirty tons of hemp resolved on the 2.5th instant to be purchased, in order to be manufac- tured into cables and rigging. Colonel Allison, from the committee of correspondence, delivered in a report, which was read, in the words follow- ing, to wit : " Your committee appointed to correspond and employ riders for that purpose to ride express to Fishkill, beg leave to report : That they have employed John Cregier to ride express to Fishkill, in which said service he has rode six days, at twenty shillings per day, amounting to six pounds, and now propose to discharge him. " Per order, "WM. ALLISON, " Chairman." Ordered, That the Treasurer of this State pay to the said John Cregier, or his order, the said sum of six pounds, and take his receipt for the same. The Convention were informed that a quantity of Conti- nental salt has lately arrived at Philadelphia, and that some considerable quantities of salt have also been there imported on private account. Ordered, That Mr. R. R. Livingston draw up a proper representation to Congress of the distresses to which this State is reduced for want of that necessary article, and the causes which prevent their obtaining it ; and requesting that this Colony may be permitted to purchase a part of the salt belonging to the Continent. A letter from Isaac Abel to Matthew Adgate, Esquire, dated 29th January, relative to the value of the brig Nancy, and the other articles of property left at Mr. Schenk's store with the said brigantine, and requesting payment, was read. Ordered, That it be referred to Mr. Robert Yates, Mr. John Schenck and Mr. Wm. Harper. Mr. Tappen informed the Convention that the commit- tee of auditors have for some days had several accounts which they have audited, and are ready to report to the House. Ordered, That they be referred to the Auditor-General. The petition of Bloomer Nelson, Jacob Schurman, Sa- muel Haines and Joseph Turner, prisoners taken with Lownsbury, praying to be permitted to take the oath of allegiance and be discharged, was read. Ordered, That the said petition lie on the table. And Ordered, That Mr. Robert Harper, Mr. Duer and Mr. Piatt be a committee to inquire into and report to this Con- vention the names of all the subjects of this State who have engaged in the service of the enemy, and are now in con- finement in the different jails of this State, distinguishing the ages of the said persons and the rank they hold in the enemy's service ; and that the said committee report such a plan for the disposal of the said prisoners as they shall deem most consistent with sound policy, and best adapted to promote the interest of the State. Die Sabbati, 4 ho. P. M. March 29, 1777. The Convention met pursuant to adjournment. Present — Brigadier-Genl. Abm. Ten Broeck, President. Mr. Duane, Mr- R. Harper, Mr. Beekman, Colo. Lott, Major Van Zandt, Capt. Rutgers, Mr. Dunscomb — New-York. Major Tappen, Mr. Rea, Colo. De Witt, Mr. Contine— Ulster. Genl. Ten Broeck, Mr. R. Yates, Mr. Adgate, Colo. P. R. Living- ston, Mr. Cuyler — Albany. Mr. Moore, Mr. W. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk— Tryon. Mr. Stevens — Cumberland- Mr. W. Smith— Suffolk. Mr. Mills, Judge Graham, Mr. Morris — Westchester. Mr. Duer, Major Webster — Charlotte. Colo. Sherwood, Mr. Clarke, Colo. Allison — Orange. A memorandum of Andrew Taylor, assistant quarter- master-general, of sundry casks, a box, a hogshead and a hamper, containing medicines, said to have belonged to Doctor Brownjohn, and to have been taken near Hacken- sack, was delivered to the President, and read; and the President informed the Convention that the said casks, box and hamper are on a wagon in this town, waiting the order of this Convention. Ordered, That the said casks, hogshead, box and ham- per be put into the store of John Elmendorph ; and Doctor Thomas Jones be requested to inventory and appraise the said medicines. A letter from Colonel John Hathorne, dated the 27th instant, relative to the Sterling company of militia, in an- swer to the letter of Convention to him on that subject, of the instant, was read and filed. Resolved, That Colonel Hathorne be informed that Convention are of opinion that a lieutenant and ensign are sufficient to command so small a body of men as the Ster- JOURNAL OF THE PROVINCIAL CONVENTION. 855 ling company, and the more especially as the lieutenant and ensign have commissions, and have by the precinct committee been directed to take charge of so many of that small company as remain ; and therefore, for the present, decline issuing any other commissions for that company. Whereas sundry acts and resolutions have lately passed in the Honourable the General Congress of the United States of America, materially affecting this State, with the true reasons and principles whereof it is highly expedient that this Convention should be fully informed, which can- not so well be done as by a conference with their Delegates now in Congress. Therefore, Resolved, That Messrs. Francis Lewis, William Floyd and Lewis Morris be requested to repair to this Conven- tion. And whereas it is highly expedient, that this State should all times continue represented in Congress : Resolved, That Mr. Philip Livingston and Mr. Duane, be directed immediately to repair to the city of Philadel- phia for that purpose. And whereas it is necessary that as many of the Con- tinental Delegates of this State as possible should continue in this Convention : Resolved, That an addition of one be made to the de- legation of this State, and that any two of the Delegates make a representation. The Convention then proceeded to elect by ballot such additional Delegate, and the ballots being taken and told, William Duer, Esquire, was unanimously elected by the whole Convention present, (except the Deputies of Char- lotte county, of which he is one,) in manner following to wit : For Mr. Duer, 8 4 6 4 , 3 , .. 3 28 For Mr. Morris, Therefore, Resolved, That William Duer, Esquire, be, and is hereby appointed a Delegate, or Representative of this State in Congress. Resolved, That Mr. Jay, Mr. R. R. Livingston and Mr. Morris be a committee to draw and report instructions to the Delegates who are ordered to attend Congress. Sundry questions were then put to Convention, and an- swered, in order that the committee appointed to draw up instructions, might know the sense of Convention, on the several matters, to enable them to prepare the draft of such instructions. Resolved and Ordered, That the committee of Char- lotte county be informed by a messenger sent as express to the chairman, that William Duer, Esquire, one of their Deputies, is appointed a Delegate to ieprescnt this State in Congress, whereby their county will be left so unrepre- sented as not to have a vote in Convention ; and that the said county committee be directed to send John Williams, Esquire, their other Deputy, to attend this Convention immediately ; and if he cannot immediately attend, that the said county committee notify the inhabitants to as- semble and elect another Deputy for their county, to at- tend this Convention without delay, that the said county may be respresented, and have a voice at this important crisis. MONDAY MORNING, March 31, 1777. The Convention met pursuant to adjournment. Present— Brigr. Genl. Tea Broeck, President. Mr. Jay, Mr. Dunscomb, Major Van Zandt, Colo. Stoutenburg, Ge- neral Scolt, Mr. Phil. Livingston, Mr. Robert Harper— New-York. Mr. Moore, Mr. Harper, Mr. Paris, Mr. Veder, Mr. Newkerk — Tryon. Genl. Ten Broeck, Mr. Adgate, Mr. Robert Yates, Mr. Cuyler, Colo. Livingston— Albany. Colo. Allison, Mr. Clarke, Mr. Wisner— Orange. Mr. Smith, Mr. Tredwell— Suffolk. Mr. Webster— Charlotte. Colo. De Witt, Mr. Conline, Major Tappen, Mr. Rca— Ulster. Mr. Morris, Judge Graham, Mr. Mills, Colo. Van Cortlandt— West- chester. Mr. Stevens — Cumberland. Mr. William Harper, from the committee appointed to hear Colonel Van Allen, of Claverack, and to consider of, and report on the sundry affidavits against him, transmitted by the committee of Claverack, brought in their report, which was read. A letter from the committee of Claverack, dated the 23rd March, and the examinations of Garrit Herdick, John Herdick and William Herdick, the three witnesses against him, were respectively read, as follows : " In Committee, ) " Claverack District, March 23, 1777. $ " Gent. — Enclosed, we send you copies of evidence taken before this board relative to the behaviour of Colonel John Van Alen. You will find by the resolution subjoined to the same, that the consideration of the matter is sub- mitted to the determination of Convention. We have cited Colo. Van Alen to appear before you for that purpose. The affair of Colo. Van Alen has for some time excited the attention of many. We could wish we had had no occasion to trouble you herewith. " We are, gent. " Your most obt. and hble. seivt. " Bv order of the committee, " LAWRANCE FONDA, Chairn. P. T. In Committee, > " Claverack District, March 22, 1777. J "An information being lodged against John Van Alen, Lieut. Colonel in the eighth regiment of militia for the county of Albany, and one of the members of this com- mittee, that his late behaviour had been such as to give just grounds to suspect that his sentiments were not alto- gether friendly to the liberties of America : whereupon a meeting of the committee of this district was ordered to be held this day, to take said information into considera- tion, and to proceed to examine such evidences as shall be offered on the subject ; in consequence of which, nine members appeared for that purpose. " Ordered, That the examination of the evidence in the case of Colo. Van Alen be forthwith proceeded upon, and that he be requested to be present, and he attended ac- cordingly. " Garret Herdick, being duly sworn upon his examina- tion, sailh, that about 2 or 3 weeks ago Colonel John Van Alen, Aaron Van Derkar and John Herdick, were at the deponent's house ; that John Herdick observed tha the had heard Cornelius Clopper was gone to New-York. Colo. Van Alen answered, he had heard so from the girl, (meaning Cloppers daughter,) upon which the deponent's wife said, there are now many that are disposed to turn their coats or change sides, and leave the poor Congress to lose their heads ; that Van Alen answered thereupon, that he did not care how many, or what became of it, if we could but have peace, and said is that not better than that so many thousands must die ? he further said, that there were people that would lay their heads upon a block if we could but have peace ; that he always formerly found and looked upon Colonel Van Alen as a friend to his coun- try ; that he was much surprised to hear such expressions from him. " John Herdick being sworn, saith, that being at the house of Garret Herdick, some time ago, he saw Colo. Van Alen there ; that observing to him that he had heard I that Cornelius Clopper was gone to the enemy — received for answer, he did not know; that thereupon the wife of 856 JOURNAL OF THE PROVINCIAL CONVENTION. Garret Hcrdick lamented the situation of the Congress, and said they would perhaps yet be obliged to flee, or lose their heads, through such men ; that Colo. Van Alen an- swered, I don't care a donder or hagel about it, if we could but have peace ; otherwise it would yet perhaps cost the lives of thousands. "William Herdick, being sworn upon his examination, saith, that coming at the house of Garrit Herdick, he found Colo. Van Alen, with others, there ; that he heard his aunt Mantze Herdick observe that the poor Congress, (or words of that sort,) were exposed to lose, or that it would come upon their heads, if the enemy overcame them ; that Colo. Van Alen answered thereupon, he did not care what be- came of it if we could but have peace. " Resolved, That the consideration of the above mat- ter be postponed until to-morrow. " In Committee, March 23. " Present, nine members. " The committee having duly considered the foregoing proofs, and other circumstances that have been offered, and that have appeared against said Van Alen, do resolve that a copy of the proofs taken before this board be transmitted to Convention, for their determination, and that Colo. Van Allen be served with a copy of this resolution, and that he be cited to appear before Convention on Thursday next, the 27lh instant, for that purpose. " Extract from the minutes. " PETER CANTINE, Jr." The report of the committee was then read again, amended and agreed to, in the words following, to wit : Colonel Van Alen being asked whether all or any part of the evidence contained in the affidavits against him was true, he denied having any view, to the Convention, but alluded, by the words " he did not care how many," to the persons that went to the enemy. And whereas Colonel Van Allen has heretofore borne a good character as a true friend to his country, and being willing to take the oath of allegiance to this State, it is the opinion of your committee that the Secretary be ordered to administer to him the said oath, and he be thereupon dis- charged, until further inquiry be made ; and that in the mean time he be suspended from the exercise of his office as a lieutenant-colonel in the militia of this State. Resolved, That the Convention agrees with their com- mittee in their report. And, Ordered, That one of the Secretaries administer the said oath. A letter from Lieutenant-Colonel Willet, dated at Fort Constitution, on the 29th inst. was read, and follows, to wit: [Missing.] Ordered, That it be committed to the committee of ar- rangement, and that an extract of that part of the said let- ter which relates to the stock on the farm now or lately in the possession of Beverly Robinson, Esquire, be transmit- ted by the Secretaries to the commissioners in Dutchess county, for taking care of the effects of persons gone to the enemy. Mr. Wisner then informed the Convention that he has applied to Hibemia furnace, which is the nearest furnace in blast, to cast cannon ball, in pursuance of the order of this Convention to their committee directed to procure that necessary article ; that the distance to Hibemia furnace being great, the cartage must of course be expensive, and therefore the committee request the opinion and direction of Convention whether they shall pursue obtaining ball at that furnace. Resolved, That the Convention approves of the said measures of the committee, and desire they may by every means endeavour to obtain cannon ball. Mr. Wm. Harper moved, and was seconded by Mr. Adgate, that the doors of Convention Chamber may be open at all times when the form of a constitution and plan of government is under consideration. Debates arose there- on, and the question being put thereon, it was carried in the negative by a great majority. Monday Afternoon, March 31, 1777. The Convention met pursuant to adjournment. Present — Brigr. General Ten Broeck, President. General Scott, Major Van Zandt, Mr. Beekman, Mr. Harper, Colo. Stoutenburg, Mr. Phil. Livingston, Capt. Rutgers, Mr. Dunscomb, Mr. Jay, Colo. Lott — New-York. Maj. Lawrence — Queens. Major Tappen, Mr. Rea, Mr. Confine, Colo. De Witt— Ulster. Genl. Ten Broeck, Mr. Robert Yates, Mr. Cuyler, Colo. Livingston, Mr. Adgate — Jllbany. Mr. Wisner, Colo. Allison, Colo. Sherwood, Mr. Clarke — Orange. Major Webster — Charlotte. Judge Graham, Mr. Morris, Mr. Mills, Colo. Van Cortlandt— West- chester. Mr. Smith, Mr. Tredwell— Suffolk. Mr. Robt. R. Livingston— Dutchess. Mr. Veder, Mr. Paris, Mr. Harper, Mr. Newkerk, Mr. Moore — Tryon. Mr. Stevens — Cumberland. A letter from Israel Honeywell, Junior, dated the 28th instant, was read, as follows, to wit : " Philip's Manor, (Westchester county,) ? " March 28, 1777. $ " The situation of affairs in our county is truly deplora- ble. We have daily accounts of cattle being stole and drove downwards to support our cruel, merciless and in- veterate enemies, by our more than savage neighbours, the tories, who have of late become so insulting as to hiss at men passing, and several have been fired at in the road. " Isaac Oakley, at the Plains, has been robbed of 36 head of cattle the night before last, a number of Continen- tal oxen, ox chains, &c. have been taken off. Last night a number of our guard went down below to Peter Van Tas- sel's, consisting of Capt. Dean and nineteen privates, and about 4 o'clock this morning were alarmed ; a number of regulars and tories had come to Mr. Acker's and were dri- ving off all his stock, upon which a small skirmish ensued on their march to Mr. Van Tassel's, in which our men beat them off and saved the cattle. " You have undoubtedly heard of Judge Thomas and Mr. Miller being taken prisoners and carried down, and we have various accounts from below of the enemy's design of coming up to fetch a number more of our most active men. " We are at present under very precarious circumstan- ces, having no troops but a few raised in this county ; you'll therefore see the necessity, if we mean to protect our friends, that we should be assisted with a number of troops, and that with the utmost despatch. " I am, &c. " P. S. The tories are daily going down in droves ; 31 went at one time. " N. B. The loss we have sustained for this week past amounts at least to one thousand pounds per day. Ordered, That the said letter be referred to the commit- tee appointed to devise a permanent defence for the said county, and that General Scott be added to the said com- mittee. General Scott, seconded by Mr. Robert Harper, moved for the following resolutions, to wit : Whereas, from the want of courts properly instituted for the trial of treasons and other offences against this Slate, the resolutions heretofore passed for the punishment of the same have not been executed, whereby divers per- sons in this State, who have been employed by the enemy as spies, or for the purpose of enlisting men into their ser- vice, or furnishing them with supplies or intelligence, many of whom were not punishable by the Continental articles of war, have escaped with impunity : Resolved,, That all such persons as have been or shall be apprehended in this State, without the enemy's lines, by Continental or other American troops, as spies from the enemy, or for enlisting men into their service, or for fur- JOURNAL OF THE PROVINCIAL CONVENTION. 857 nishing supplies or intelligence to them, be tried for the said offences by martial law, and if found guilty, suffer death or other punishment at the discretion of a general court martial of the Continental army or of the militia of this State ; provided that where any person shall have been convicted by a court martial by virtue of this resolution, that the sentence shall not be executed until approved by this Convention or a future Legislature of this State. Whereas a form of government will soon be establish- ed in this State, and proper courts organized for the trial of offences therein : Therefore, Resolved, That the resolution above mentioned continue in force until the first day of July next, unless sooner re- pealed by this Convention or the future Legislature of this State. Resolved, That the consideration thereof be postponed till to-morrow morning. A letter from John Henry, dated the 21st of March, was read, as follows : " Dr. Sir — I should have advised of the receipt of the last 2,000 dollars sent me per Lieut. Brilt, ere this ; but opportunity did not serve until this instant ; the amount of which I have passed to the credit of this State. " I am still remaining ignorant what the bounty given to our soldiers may consist of ; as there has latterly been some dispute between me and the officers about this matter, would humbly request that a copy of the different articles given as a bounty might be sent me, in order to prevent fu- ture mistakes. Please to inform me if there are perquisites arising from the sale of casks, box or bale, that may at any time be sent to this clothing store with goods, to any assis- tant, otherwise than under my direction, as I am determin- ed that nothing of that sort shall be appropriated to any other use than that of the public, until I receive orders to the contrary. Bounty jackets are become very scarce with me, as also materials to make them, which are much want- ed at this time by our new recruits ; I should be glad to know where to obtain any for the use of this State. I hope the clothing committee will give me some speedy assistance in this important affair. " I am, &c. " Pierre Van Cortlandt, Esq." Thereupon, Resolved, That no perquisites of any kind ever were or now are allowed by Convention to any commissary, clerk, storekeeper or assistant in the clothing store in this State ; that no such perquisites be allowed to any person whatever ; that every sum or advantage that has arisen or may arise from the sale of any casks, boxes, bales, or other articles, be credited to the State. Ordered, That the Secretaries inquire of the clothing committee as to bounty waistcoats, and every other article necessary to enable this Convention to answer the said let- ter, and give Mr. John Henry all necessary information. On motion of Mr. R. R. Livingston, seconded by Gene- ral Scott, Ordered, That a letter be written by the President, and sent by express to the committee of Albany, requesting them to apprehend and confine Major William Edminston, till further order. The said letter being written, is in the words following, to wit : " Gent. — The Convention having been informed that Major Wm. Edmondson, a British officer, having obtained leave to go to New-York to solicit his exchange, has re- turned from thence ; and that, after having travelled pub- licly through the State, he is now at large in Albany ; they conceive that his knowledge of the country, and his ac- quaintance with the designs of the enemy, render him a dangerous person, and one who ought by no means to be suffered to go at large ; they therefore request of you to have him immediately apprehended and confined, in such manner as you think most proper, and to write to Conven- tion as soon as may be, what you have done herein. 215 " Should Major Edminston have passed to Tryon coun- ty, you will be pleased to send on an express to that place, requesting the committee to take proper measures to ap- prehend him. " I am, gent. &c. " To the Committee of Albany." The House proceeded to the consideration of the allow- ance to the Delegates of this State in Congress. Mr. Dunscomb, seconded by Capt. Rutgers, moved that eight dollars per day be allowed the Delegates of this State in Congress. Debates arose, and the question being put, was carried in the negative, in manner following, to wit : For the affirmative. For the negative. New-York, 8 Ulster, 4 Col. Lott and Major Van Orange, 3 Zandt, dissenting. Albany, 6 Westchester, 4 Mr. Cuyler and Col. Liv- — ingston, dissenting. 12 Tryon, 3 16 Mr. Morris moved, and was seconded by Genl. Scott, that seven dollars per day be allowed to the Delegates of this Stale in Congress. Debates arose thereon, and the question being put, it was carried in the affirmative, in manner following, to wit : For the affirmative. For the negative. Westchester, 4 Ulster, 4 Albany, 6 Orange, 3 Mr. Adgate dissenting. — New-York, 8 7 Tryon, 3 21 Therefore, Resolved, That this State will in future allow seven dol- lars per day to each of their Delegates while attending at Congress, or in necessarily going to and returning from thence. A certificate, signed by Elihu Marvin and Israel Seely, two of the committee of Cornwall precinct, of an election of militia officers in the late Capt. Little's company in Ox- ford district, to wit : Thomas Horton, captain; Josiah See ly, 1st lieutenant; Nathan Marvin, 2nd lieutenant, and Barnabas Horton, Junr. ensign, was read. Ordered, That commissions issue to the captain and his two lieutenants, and that the ensign's commission do not issue, until his political character be inquired into. The House proceeded to consider t he form of government. Mr. Jay (agreeable to notice) moved for the reconsidera- tion of the 2nd paragraph of the plan of government. Debates arose, and the question being put thereon, was carried in the affirmative, in manner following, to wit : For the affirmative. Ulster, 4 New- York, 8 Orange, 3 — Tryon, 3 24 Albany, 6 Westchester divided. On motion of Mr. R. R. Livingston, Resolved, That the consideration of the said 2nd para- graph be postponed until to-morrow. TUESDAY MORNING, April 1, 1777. The Convention met pursuant to adjournment. Present— Brigr. Genl. Ten Broeck, President. Mr. Phil. Livingston, Colo. Lott, Capt. Rutgers, Colonel Stouten- burgh, Major Van Zandt, Mr. Dunscomb, Mr. Harper, Genl. Scott, Mr. Jay, Mr. Beekman— New-York. Major Lawrence— Queens. Mr. Morris, Mr. Mills, Judge Graham, Colo. Van Cortlandt — West- chester. Genl. Ten Broeck, Mr. Adgate, Colo. Livingston, Mr. Cuyler, Mr. Robert Yates— Albany. Colo. Allison, Mr. Wisner, Mr. Clark, Colo. Sherwood— Orange. Mr. Harper, Mr. Moore, Mr. Veder, Mr. Newkirk, Mr. Paris— Tryon. S58 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Smith, Mr, Tredwell— Suffolk. Mr. Jas. Livingston, Mr. Gil- Livingston, Capt. Piatt, Capt. Jno. Sehenk, Mr. H. R. Livingston— Dutchess. Colo. Williams, Major Webster — Charlotte. Major Tappen, Mr. Rea, Mr. Contine, Colo. De Witt — Ulster. Mr. Stevens — Cumberland. The Convention were informed that Kayend-alongwea, one of the head warriors of the Oneida nation, together with the Revel. Mr. Kirkland, a missionary among the Oneida Indians, arc now in Kingston ; that they are a part of a company who have been to visit the Slate of Massachusetts Bay, and some other of the eastern States, and to visit General Washingston and the American army ; that five of the party have proceeded on their journey ; that they stand in need of a small sum of money to de- fray their expenses on their return home. A certificate or passport to Mr. Kirkland and the said Indians, from Genl. Schuyler, Volkert P. Douw and Edwards, three of the commissioners for Indian affairs ; and also a passport from General Washington, for their return to their own country, and recommending them to all civil bodies and military officers, for aid and assistance, were respectively read. Thereupon, Resolved and Ordered, That Robert Benson, Esquire, one of the Secretaries, advance to the said Indian chief and Mr. Kirkland, the sum of one hundred dollars, to de- fray their expenses on their return from His Excellency General Washington to their country. And Ordered, That the Treasurer of this State repay the said one hundred dollars to Mr. Benson. Mr. Kirkland, as interpreter, with the said Indian chief, were admitted to Convention. Thereupon a speech was delivered to him by the President in separate sentences, in the words following, and translated to the said Indian chief, by Mr. Kirkland, viz: " Brother — We, the Representatives of the State of New-York here met, are happy to see you on your return from a visit to our Chief Warrior. We are sorry to hear that your brethren are already gone on, and that you are obliged to leave this place so soon : it would have given us pleasure to have smoked a pipe with you and them, and to have assured you of our determination to keep the roads open between your nation and us, and to keep bright the chain of peace. "We commend the wisdom of your nation in deputing you to repair to our Chief Warrior, and see the situation of our affairs. We hope you will now be enabled to con- tradict those false reports concerning the enemy's strength and our weakness, which their wicked emissaries have artfully attempted to diffuse through the Indian nation. '* Brother — We wish you a good journey. Assure our brothers, the Oneidas, and the rest of the Six Nations, of our friendship, and accept this small acknowledgment of the regard we have for you and our other brethren of your company." Kayendalongwea, the said Indian chief, then replied ; and his reply by paragraphs, was interpreted by Mr. Kirk- land, in substance, as follows : " Brother chiefs here met in council, hear for a moment. I am glad to see so many of you, come from a great dis- tance, many of whom I know. We also come from a great distance, chiefs of the Oneida tribe. I am glad to see so many of you here in peace, and sorry that your old council fire has been disturbed. " Brothers — I am rejoiced to see so many of you here superintending the public affairs at this place : we are old friends : we wish to see you at your old council fire at the sea side ; we hope the Good Spirit will protect you, and remove your enemies from thence. We thank you for your kindness to us and to our party, the others of whom have gone forward. " Brothers — I return thanks to the Great Spirit above, that I see so many of you in peace, and that so many are in peace in different parts of this country. You are threat- ened here — we are also threatened to the westward. We will keep a good look-out to the west ; and we see your arms every where turned to the enemy, and trust you will keep a good look-out too. It would give me pleasure to tarry some time, but the affairs of my nation call me home, and my parly have gone forward. " Brothers — Possess your minds in peace. My warri- ors and one chief are gone forward, and their conductor with me, and no one to guide them. I am sorry they are gone, but it is now necessary that we should proceed on our way. We are well pleased with what we have seen, particularly the Chief Warrior, whom we look on as our protector. " Brothers — We have met this day, and must this day part. I can't say much, as I am alone. We Indians are more jealous of each other than you white men, more es- pecially, you that are counsellors. " In all our travels, the voice of my parly has been, that the King of Great Britain has spread lies through the Six Nations. Your people, or the superintendent at Albany, have not told us one lie. They told us that he had pos- sessed the whole sea coast. We find it not true. We are well pleased with what we have seen. We have not seen one spot on which he has set his foot. We have seen many places you have taken from him. Our country is in a dif- ficult situation. There is an enemy to the westward ; it is therefore necessary for me to return home without delay, and inform the Six Nations of what we have seen and know. " Brothers — You have given us assistance to travel on the road ; we thank you, brothers, for your kindness. We must inform you that we have in our journey, been every where well treated. We have lived in plenty, and been frequently carried above ground, which is not common to us warriors. We shall faithfully represent to the Six Nations, the state of affairs, as we have seen and heard them." The said Indian Chief and Mr. Kirkland departed. Another petition of Zebulon Scofield, setting forth that it is against the general orders in the army, to permit any person to go to New-York, and praying that Convention will give him a pass to any commanding officer at the lines at Peekskill, or otherwise. Ordered, That the said petition lie on the table. A copy of a letter from Francis Lewis, Esquire, one of the delegates in this State, at Congress, dated at Baltimore on the 1 2th of March last, was received and read, and is in the words following, to wit : " Gentlemen — I wrote you the 1 6th, 31st January and 18th February, addressed to the President, since which I have been honoured with his of the 13th February, di- recting several articles to be purchased out of the Mont- gomery's prizes for the use of the Stale, which it was not in my power to execute for the following reasons, viz: upon an application of Congress setting forth that as seve- ral hundred recruits for the new battalions were daily coming into this town from the Stales of Virginia and Maryland, in order lo reinforce Genl. Washington's army, and these being destitute of proper clothing, &c. it would be absolutely necessary that the several articles captured by the Montgomery, and suitable for the soldiery should be applied here, and requested my assent, which I pe- remptorily refused ; the next day it was moved in Con- gress, that an order should issue appointing four persons to appraise all the woollens and linens, &c. suitable for the soldiery, captured by the Montgomery armed vessel. Upon the molions being read, I objected to the proceeding as partial, and gave ihe following reasons: thai as the pro- perly was on condemnation vested in the State of New- York, together with the captain and crew of the Montgo- mery, and that the latter insisted upon having iheir pro- perty disposed of in the customary manner, at public ven- due, and urged the evil that might attend such a precedent, JOURNAL OF THE PROVINCIAL CONVENTION. 859 especially as I had directions from your Convention to pur- chase those articles, and forward them to you for the cloth- ing of your troops, as they (the Congress) well knew that the State of New-York, in its present circumstances, had no port open through which they could introduce any supplies ; but maugre all my objections, the question was put and carried, nemine con. for the motion ; and four gen- tlemen of this town appointed appraisers. The members of Congress having leil this a lew days afterwards by ad- journment to Philadelphia, the appraisers when met, de- clared themselves inadequate to the appointment, being to- tally unacquainted with the value of those goods, which, together with the captain and crew's opposition to that mode, produced an agreement between the parlies, that all should be sold at auction, except the woollens and coarse linens which the Congress were to take at the rate of a dol- lar currency for what cost one shilling sterling for the wool- lens, and 4s. 6d. per yard for the coarse linens. The rest of the cargo that sold at vendue I compute, upon average, went off at about one thousand per cent. As a specimen, yard wide Irish linen that cost 2s. 8d. per yard sterling, sold for 24s. currency, per yard. A dollar is 7. Gd. Cor- dage sold at £14 5s. per cwt. " I forgot to mention that in answer to my arguments against the motion, Congress availed themselves of a let- ter from General Washington, advising them that the Con- vention at Fishkill had there stopped (as I think) thirty- six wagons laden with clothing for the army immediately under his command. He says, ' Indeed I cannot blame them knowing their distressed situation.' However of this a handle was made to obviate my objections. " The sale of the schooner's cargo is now completed In short, such was the exhorbitant prices which these goods sold at, that I was deterred from making a considerable purchase ; add to this the difficulty of procuring convey- ances, which are all employed in transporting the Congress stores, the members' baggage, together with that of the new battalions, on their march to Head-Quarters. 1 have only bought a few casks of barley, some coils of cordage and the four X cut saws, thinking that they may be of ser- vice with General Schuyler at Albany, and these perhaps I may be obliged to leave behind for the public, for want of conveyance. " The trial of the brig laden with salt, is to come on Tuesday the 18th instant. I believe she will be acquitted by the Admiralty court, being claimed by an inhabitant of this town ; if so, Capt. Rogers intends appealing to Con- gress, as it appears by the register and papers found on board that she was owned in Ireland, and bound to New- York, which the claimants pretend was only for a cover- ing. " Capt. Rogers has his sloop almost ready for the sea, and intends sailing as soon as the briganline's trial is over, but informs me that himself and crew are entitled to a moiety of all captures. Upon my asking him for his articles, he told me that his agreement was verbal, i. e. to be upon the same footing with armed vessels fitted out by the Congress, which were originally one-third for the cap- tors ; but previous to his taking these two last prizes, Con- gress had extended it to one-half. As this is contrary to the tenor of your last letter, I shall cause the distribution of the prize money to be deferred until I receive your fur- ther instructions on this head. Our State still being un- represented in Congress, it was thought necessary I should remain here a few days longer to transact some business in the marine department ; in that time I shall get the sales of the prizes, &c. completed, and set off for Phi- ladelphia ; from thence transmit you ihe account. Please to furnish me with your directions in the disposal of the nett proceeds ; and permit me again to remind you of hav- ing our State represented in Congress ; it has suffered by the omission. "I am, &c. " F. LEWIS." The Convention resumed the consideration of the reso- lutions moved for yesterday • and postponed. The same being read, and again read by paragraphs, and amended, were agreed to. Ordered, That the said resolutions be published in the newspapers, and that the commissioners for detecting con- spiracies, &c. at Fishkill, be requested to have 500 copies printed in handbills; that they cause 100 thereof to be distributed and affixed up in the most public places in the counties of Dutchess and Westchester, and send the resi- due to this Convention ; that the committee of correspon- dence transmit a copy to General Washington ; and that copies be sent to Congress, Genl. McDougall and General Clinton. On reading the letter from the Honourable Francis Lew- is, dated the 1 2th of March, relative to the prizes of the sloop of war Montgomery, Resolved, That this Convention agree to allow one-half of the nett proceeds of the prizes of the vessel of war Montgomery, belonging to this State, to the captors ; and that Mr. Lewis be requested to cause the distribution of the prize money to be made accordingly : And Resolved, That Mr. Lewis be requested to lay out the other moiety of the nett proceeds of those prizes in salt, to be purchased at Philadelphia, and advise this Conven- tion thereof as soon as he shall have an opportunity, and have purchased such salt. DIE MARTIS, 4 ho. p. m. April 1, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Abm. Ten Broeck, President. Col. Stoutenburgh, Mr. Dunscomb, Mr. Jay, Major Van Zandt, Colo. Lott, Capt. Rutgers, Mr. Robt. Harper, General Scott, Mr. Beekman — New-York. Mr. Paris, Mr. Moore, Mr. Wm. Harper, Mr. Veder — Tryon. Colo. Allison, Mr. Wisner, Colo. Sherwood, Mr. Clarke— Orange. Genl. Ten Broeck, Mr. Adgate, Colo. P. R. Livingston, Mr. Cuy- ler, Mr. Robert Yates — Jllbany. Mr. John Schenk, Mr. Gil. Livingston, Mr. Piatt, Mr. R. R. Living- ston, Mr. Jas. Livingston — Dutchess. Major Webster, Colo. Jno. Williams — Charlotte. Major Lawrence — Queens. Mr. Wm. Smith— Suffolk. Judge Graham, Colo. Van Cortlandt, Mr. Mills, Mr. Morris — West- chester. Mr. Stevens — Cumberland. Major Tappen, Mr. Cantine, Colo. De Witt, Mr. Rea— Ulster. A letter from the Honourable John Hancock, President of Congress, dated the 26th March, containing resolutions appointing George Clinton, Esquire, a brigadier-general, was read, and is as follows : " Sir — The enclosed copy of the proceedings of Con- gress will inform you that your favour of the 18th instant was duly received, and laid before them. I have the plea- sure to acquaint you, that Congress, concurring in opinion with you as to the necessity of appointing a commandant for the fortresses in the Highlands, and highly approving of the gentleman recommended for that purpose by your body, immediately promoted him to the rank of a brigadier- general. " The enclosed letter to him, covering his commission, I am to request you will take the trouble of delivering. " I have the honour to be, " With the greatest respect, sir, " Yr. mo. obt. servt. "JOHN HANCOCK, Presidt. " Honle. Abm. Tsn Broeck, Esq." The resolution of Congress therein enclosed, dated the 25th of March, was also read as follows, to wit : 860 JOURNAL OF THE PROVINCIAL CONVENTION. " In Congress, March 25 lllings, and been rated and actually paid taxes lo this State ; provided always thai every person who now is a freeman of the city of Albany, or who was made a freeman of the city of New-York, on or before ihe four- teenth day of October, in the year of our Lord one thou- sand seven hundred and seventy-five, and is actually and usually a resident in the said cities respectively, shall be entitled to vote for Representatives in Assembly, within their said places of residence." The 7th paragraph was then read. The same being read a second time, debates arose thereon. After some time spent therein, the 7th paragraph was agreed to. The 8th paragraph which was agreed to on the 20th March, was read. The 9lh paragraph was then read. The 10th paragraph was then read. The 11th paragraph was then read. The same being read a second lime, amotion was made and seconded, that the words " thirteen members" be obliterated, and the words " a majority of the number of Senators to be chosen as aforesaid" there inserted. 868 JOURNAL OF THE PROVINCIAL CONVENTION. The question being put on the said amendment, was agreed to, and ordered to be inserted. Mr. Duane moved, and was seconded, that this 11th paragraph be committed to a committee to consist of a member from eacli county. The question being put thereon, it was carried in the negative. On motion of Mr. Jay, who was seconded, Resolved, That this Convention will now resolve itself into a committee of the whole House on the said 11th paragraph, and General Scott was unanimously chosen Chairman, and took the Chair accordingly. The first sentence or clause of that paragraph was read. Mr. Robert Yates suggested that the Slate be divided into five districts : Nassau and Stalen islands to compose the southern district ; New-York and Wesichester to form another district, and the other districts as mentioned in the ] 1th paragraph. That the southern dislrict have four Se- nators ; New- York and Westchester six ; the two next districts each six ; and the northeastern district two mem- bers. He therefore moved, and was seconded by Mr. W. Harper, that between the word " into" and the word " great," the word " four" be obliterated, and the word " five" there inserted. Debates arose thereon, and the question being put there- on, it was carried in the negative by all but three members. The first sentence of the Uih paragraph as to division of the State into districts, was then read, and agreed to. The second sentence ascertaining the number of Sena- tors for each district, was then read and agreed to. Mr. R. R. Livingston then moved for the following amendment, that after the word "three" the following para- graph be inserted, viz : " And, " Be it Ordained, That a census shall be taken as soon as may be after the termination of the present war, under the direction of the Legislature ; and if on such census it should appear that the number of Senators is not justly proportioned to the several districts, that the Legislature adjust the proportion as near as may be to the number of freeholders qualified as aforesaid in each dislrict." Mr. Philip Livingston then moved, and was seconded, for the following amendment ; that immediately following the word " after" the following words be inserted, viz : "at the expiration of seven years from." Mr. Treadwell moved for the following amendment thereto, to wit : that the words " at the expiration of" be struck out, and the word " within" be inserted in the place thereof. Debates arose, and the question being put on the said last mentioned amendment, it was carried in the negative, in manner following, to wit : For the negative. For the affirmative. Westchester, 4 Orange, 3 New-York, 8 Albany, 6 Dutchess, 5 Charlotte, 2 Ulster, 4 Tryon, 3 21 14 Therefore Mr. TredwelPs proposed amendment was re- jected. The question being then put on the amendment proposed by Philip Livingston, Esq. was carried in the affirmative in manner following, to wit : For the affirmative. For the negative. Albany, 6 Charlotte 2 Westchester, 4 New-York, 8 Dutchess, 5 Mr. Jay dissenting. Ulster, 4 — Orange, 3 10 Tryon, 3 25 Thereupon, Ordered, That the words " at the expiration of seven years from " be inserted. The said paragraph, as amended, was then read and agreed to. The next sentence of the 1 1th paragraph was then read. Mr. Morris then moved, and was seconded bv Mr. R. Yates, that the words " one thousand, which is estimated to be," and the word " such " and the word " now " be obliterated, and that the words " which by the said census shall be found to be," shall be inserted instead of the word " now." The same was unanimously agreed lo, and the sentence being amended accordingly and read, was agreed lo. The last sentence of the paragraph was then read and agreed to. The said whole 11th paragraph, as amended by the se- veral amendments, was then read and agreed to. Mr. Scott, from the committee of the whole House, re- ported the whole proceedings of the committee, with the resolutions of the committee as agreed lo, which he read in his place, and delivered in at the table, where the same was again read. The resolutions of the committee of the whole House, as amended and reported, being then read by sentences, the first and second sentences were severally read and agreed to. The third sentence of the amended report being read, debates arose thereon, and the question being put thereon, it was carried in the affirmative in manner following, viz : For the affirmative. For the negative. Albany, 6 New-York, 8 Westchester, 4 Mr. Jay dissenting. Dutchess, 5 Charlotte divided. Ulster, 4 Orange, 3 Tryon, 3-25 Thereupon the said third sentence was agreed to. The fourth sentence was then read and agreed to. The fifth sentence was then read and agreed to. The said whole 11th paragraph was then read for ap- probation and agreed to. MONDAY MORNING, April 7, 1777. The Convention met pursuant to adjournment. Present — Brigadier General Ten Broeck, President. Mr. Jay, Mr. Harper, Mr. Beekman, Mr. Roosevelt, Maj. Van Zandt, Col. Lott, Mr. F. Livingston, Mr. Duane, Maj. Stoutenburgh, Capt. Rutgers, Mr. Dunscomb— New-York. Mr. Stevens — Cumberland. Major. Tappen, Mr. Rea, Mr. Contine, Colo. De Witt— Ulster. Genl. Ten Broeck, Mr. Gansevoort, Mr. Adgate— Jlbany. Mr. Clarke, Colo. Allison, Colo. Sherwood, Mr. Wisner, Mr. Jos. Smith — Orange. Mr. Harper, Mr. Newkerk — Tryon. Judge Graham, Mr. Morris, Major Lockwood, Colo. Drake, Mr. Mills, Capt. Piatt, Col. Van Corllandt- W r cs/c/iese Witt— Ulster. Mr. Clarke, Mr. Jos. Smith — Orange. Mr. Stevens — Cumberland. Mr. Morris produced a draft of Horatio Gates, Major- General, on Major-Genl. Mifflin, Quarter-Master-General, or his deputy at Philadelphia, which was read, and is in the words following, viz : "Esopus, Uth April, 1777. "Sir — Pay unto the Treasurer of the Slate of New- York, or his order, one hundred dollars, for so much ad- vanced by him to George Hurt and Nicholas Bowers, wa- gon-masters, who are returning with a brigade of wagons to Philadelphia, having delivered powder brought from thence. " I am, sir, your humble servant, "HORATIO GATES, " Major-General. " To Major-Genl. Mifflin, Q. M. G. or his deputy at Philadelphia." Ordered, That the Treasurer of this State pay the said sum of one hundred dollars to George Hurt and Nicholas Bowers, wagon-masters from Philadelphia, taking their re- ceipt for the same ; that he debit the Continent for that sum and forward the said draft to the Quarler-Master-General or his deputy for payment, and on receipt thereof credit the same. The petition of Duncan McConnelly, setting forth that he formerly deserted from the enemy's service ; that he is well affected to this State, and without any cause whatever, is confined as a disaffected person, and praying to be heard. Ordered, That the said petition be referred to the com- mittee appointed lately to hear the prisoners brought to this place by Major Wisner, viz : Mr. Piatt, Mr. Wisner and Mr. Landon. A pay roll of a company of rangers lately commanded by Capt. John A. Bradt, from the 4th day of February last, lo the first day of April instant inclusive, amounting to the sum of £224 6s. Od. and a subsistence roll of the said company for the time aforesaid, amounting to £156 7s. 5d. sworn to by the said Capt. Bradt, before the Vice-Presi- dent to be just and true rolls, containing the names of the officers, non-commissioned officers and privates of the said company who are actually in service, were exhibited for payment. Therewith was also exhibited a muster roll of the said company, with a particular affidavit of the said Capt. Bradt, sworn before the Vice-President, endorsed thereon, that it is a just and true muster roll of the said company, containing the names, rank, time of enlistment, their reenlistment, absenting themselves or discharged from the said company. On the back of the said pay roll is endorsed a certificate of Benjamin Newkerk, Matthew Adgate and Alexander Webster, a committee appointed to audit the said accounts, that they have examined the said pay roll and the subsis- tence roll thereto annexed, and allow the sum of £224 (is. Od. for pay, and the further sum of £156 7s. bd. for sub- sistence, to John A. Bradt and his company. Ordered, That the Treasurer of this State pay to Capt. John A. Bradt the said sum of £224 6s. Od. for pay due to his company, and the further sum of £156 7s. 5c?. for subsistence due to the said company, amounting together, to the sum of £380 13s. 5d. taking his receipt for the same ; and that the Treasurer file the muster roll of the said company this day sworn to as aforesaid, with the said pay roll. The committee appointed to consider and report on the letter of Cornelius C. Schoonmaker, chairman of the com- mittee of Ulster county, dated the 8th instant, delivered in their report, which was read. The said letter was then again read, and is as follows, viz : "In Committee of the County of Ulster, ? "April 8th, 1777. J " To the Honourable the Convention of the State of New-York : " Gentlemen — There are sundry accounts laid before this committee by persons who live within this county, of expenses that have accrued for transporting some of the Continental troops with their baggage ; also for entertain- ing, nursing and doctoring such of the sick of said troops as could not be moved. As many of the persons who pro- duced such accounts, are in low circumstances, they can not afford to lie out of their money, and this committee is of opinion they should not, as they were moved with such tenderness as to commiserate with the distressed and indi- gent, most of whom were lousy and in wretched circum- stances. This committee begs that the Honourable Con- vention will, in their wisdom, devise some mode by which such accounts may be discharged, as the good of the public service in some degree depends on it. If it is agreeable to the Honourable Convention, this committee will, after examining such accounts, pay them out of the public money they have borrowed from this State, provided they shall have the several sums reimbursed to them again. Gentle- men, your speedy answer to the above will much oblige your very humble servants. " By order of the Committee. (Signed,) " CORNS. C. SCHOONMAKER, " Chairman.'" The said report being again read, (in one instance amended,) adopted and agreed to as the act of this Con- vention, is in the words following, viz : Resolved, That the committee of the county of Ulster be informed, that the Quarter-Master-General of the Con- tinental army, or any of his deputies, pay all the charges that accrue in transporting Continental troops and their baggage, upon certificates being produced of the service performed ; and that the Director-General of the hospital in either of the departments, will pay all reasonable ac- counts for entertaining and nursing any of the sick sol- diers belonging to the Continental army. The committee to whom was referred the letter from five Indian chiefs, dated at Oneoghquaga, on the first day of March last, and the letter from Colo. John Harper of the 10th of March, together with Colo. Harper's account, brought in their report on the said letters and account. The said letters were respectively read, and are as fol- lows, viz : " Cherry Valley, March 10, 1777. " Gentlemen — I take this opportunity to acquaint you of my proceedings since I left the Fishkill. After my arri- val at Harpersfield, which was on the 17th February last, I heard a report that Joseph Brant, with a considerable number of warriors with him, had an intention to beset the frontiers. I thought proper to give to the captains of the several companies under my command, private orders to be in readiness at the shortest notice given by me, in 880 JOURNAL OF THE PROVINCIAL CONVENTION. order to oppose the aforesaid Brant and party ; as I resolved to go with an Indian and one white man to Oneoghquaga, in order to discover the motions of the enemy. For which purpose I set out on the nineteenth of February, and ar- rived in Oneoghquaga on the twenty-seventh, when I found that the reports were not well grounded. I, therefore, in order to present your letter of the 1 2th February to them in the most friendly manner, killed an ox, to make a friendly entertainment, which had the desired effect; for those that seemed to scruple the sincerity of our declara- tions of friendship before this, were prevailed on to think that our actions corresponded with our professions ; they expressed their sorrow for our troubles, and declared that they would take no active part against us. Their necessi- ties have caused many of them to go to Niagara, but with no other views than to trade for the necessaries of life ; and inform that Colonel Butler has forbid them to hurt the frontiers. They likewise inform that Joseph Brant has returned from the Oneida Castle to Niagara ; that he has a mind to settle at the Onondaga Castle. They likewise inform that Brant differed with G. Johnson, and was going to kill him, had he not been prevented. Whether this was the cause of his leaving the army I can't tell. I saw the Indians that left Oneoghquaga with Brant as they were re- turning, and they exactly corrrespond with the above ac- count, which is all at present that I can acquaint you relative to Brant and party ; and conclude, gentlemen, " Your very humble servant. "JOHN HARPER. " P. S. — Gentlemen, I send you an account of the expenses of my journey, and the cost of the ox, with some other small presents, which I hope will meet your* approbation. " JOHN HARPER." The report of the said committee was then read as follows : " Your committee to whom was referred the letter from Adam, Peter, Isaac, Jacob and Hendrick, chiefs of the Oneoghquaga tribe, and another from Colo. John Harper, who was sent by this House as a messenger to said Indians, together with his account against this State for said service, do report : "That there are only two points in said papers which require the attention of this House. The one is a para- graph in the letter from the Indian chiefs, in which they complain that there are already five houses over our line of property on the Delaware river, and desire we would remove those encroachers as soon as possible. The other is the account of the said Colonel John Harper against this State, for services done by order of the Convention. " As to the first point, your committee are of opinion that a commissioner or commissioners should be imme- diately appointed to examine into said complaint, and to report to this Convention, or to the Legislature, or execu- tive power of this State for the time being, as soon as may be, how many such settlements there are, the names of the settlers, and the grounds or claims upon which such settle- ments were made, that such order may be made therein as to justice and right doth appertain ; that all just cause of complaint upon that head may be removed ; and that said commissioner or commissioners be ordered to give the Indians the fullest assurances of our disposition to do them justice. " As to the account of the said Colonel Harper, in which he charges this State for services done, and contingent ex- penses, with twenty-nine pounds one shilling and six pence, your committee report, that they find some articles of ex- pense charged in the said account, which they do not find that he was expressly authorized to incur ; and, therefore, they do not conceive themselves authorized to allow the same without the consent of this House, however reason- able they may appear." Ordered, That Colo. John Harper's account, amounting to £29 Is. 6d. for his trouble and disbursements in a jour- ney as commissioner to the Indians at Oneoghquaga, by order of ihis Convention, be paid. And Ordered, That the Treasurer of this State pay that sum to William Harper, Esquire, for the use of Colonel John Harper. And Ordered, That the residue of the said report lie on the table, to be considered when the report for appointing commissioners for Indian affairs in this State shall be taken in consideration. Mr. Duane, one of the committee hereinafter named to have been appointed on the 10th of February last, being gone to Congress, on motion of Mr. Morris, seconded by General Scott, Ordered, That Mr. Robert Yates and Mr. Jay be, and hereby are, added to the committee appointed on the 10th of February last, to report the best ways and means for managing the Indian affairs of this State. The Convention were informed that Mr. John Henry, a commissary of clothing for the Continental troops raising in this State, is going to New-York with a flag. Ordered, That Mr. Hobart write a letter to Egbert Ben- son, Esquire, and the other commissioners at Fishkill, de- siring them to prevent John Henry from departing until he has settled his accounts with this State. A draft of the said letter was read and approved, and is in the words following, to wit : " Kingston, April 14, 1777. " Gentlemen — The Convention have received informa- tion that John Henry, the commissary of clothing for this State, is about going to New-York, which they fear will be attended with dangerous consequences ; and have there- fore directed me to write to you, and desire that you will take measures to prevent his going till he shall first have settled his accounts with the State, and obtained leave from the Convention. " I am, gentlemen, " Your mo. obt. servt. "To Egbert Benson, Esq. Chairman, and the Commissioners at Fishkill." Ordered, That a copy thereof be engrossed, and signed by the Vice-President, and transmitted. Mr. Hobart, from the commissioners appointed to meet commissioners from New-Jersey, Pennsylvania, Delaware, Maryland and Virginia, at York Town, in Pennsylvania, reported that they were directed to lay a copy of the proceedings of the said commissioners before the Conven- tion, which, being read, was ordered to lie on the table, for the perusal of the members. The Convention resumed the consideration of the plan of government. Mr. Jay moved, and was seconded, that the following paragraph be ordained and made a part of the form of go- vernment, viz : " Whereas the right of preemption to all the Indian lands within this State appertains to the good people thereof: And whereas it is of great importance to the safety of this State, that peace and amity with the Indians within the same be at all times supported and maintained : And whereas the frauds too often practised towards the said Indians, in contracts for their lands, have in divers instan- ces been productive of dangerous discontents and animo- sities : "Be it Ordained, That no purchases or contracts for the sale of lands, made since the fourteenth day of October, in the year of our Lord 1775, or which may hereafter be made, with or of the said Indians within the limits of this Stale, shall be binding on the said Indians, or deemed valid, unless made under the authority and with the consent of the Legislature of this Slate." The same being read, the ordaining part thereof was again read, considered of, and agreed to. The recitals being again read together, and then each re- cital read separately, on the reading of the first recital de- JOURNAL OF THE PROVINCIAL CONVENTION. 881 bates arose thereon. After some time spent in considera- tion thereof, it was rejected, and by order obliterated. The other recitals being separately read, were agreed to. The whole paragraph being then read and considered, and the question put thereon, was agreed to, in the words following, to wit : Whereas it is of great importance to the safety of this State, that peace and amity with the Indians within the same be at all times supported and maintained : And whereas the frauds too often practised towards the said Indians, in contracts made for their lands, have, in divers instances, been productive of dangerous discontents and animosities : Be it Ordained, That no purchases or contracts for the sale of land, made since the fourteenth day of October, in the year of our Lord 1775, or which may hereafter be made with or of the said Indians, within the limits of this State, shall be binding on the said Indians, or deemed valid, un- less made under the authority and with the consent of the Legislature of this State. Die Lunje, 4 ho. P. M. April 14, 1777. The Convention met pursuant to adjournment. Present — Pierre Van Cortlandt, Vice-President. Genl. Scott, Mr. Jay, Mr. Bancker, Mr. Dunscomb, Major Van Zandt, Mr. Robert Harper — Neve-York. Colo. De Witt, Major Tappen— Ulster. Mr. Clarke, Mr. Jos. Smith— Orange. Mr. Gansevoort, Mr. Robt. Yates, Mr. Adgate — Albany. Mr. Landon — Dutchess. Mr. Moore, Mr. Wm. Harper, Mr. Newkerk — Tryon. Mr. TredweU. Mr. Wm. Smith, Mr. Hobart, Mr. Miller— Suffolk. Col. Van Cortlandt, Major Lockwood, Mr. Mills, Mr. Morris — Westchester. Major Webster, Colo. Williams — Charlotte. A letter from Obadiah Jones, dated at Saybrook, re- questing some directions as to their electing future repre- sentatives, was read. Ordered, That it lie on the table for the perusal of the members, until the matters of Suffolk county stock and accounts are resumed. Mr. Hobart produced to Convention an account of Peter Bontecue, of New-Haven, for the passage and freight of the families and effects of Daniel Haines, Daniel Hedges, Mat. Osborn, James Jennings, Elisha Mulford, Linus Dib- ble, Isa. Franks and Jonathan Tuttle, amounting to sixty- four pounds and ten pence ; on the said account is endors- ed a certificate of Timothy Jones, Junr. Jonathan Filch, Heze. Sabin and Abraham Augur, committee of inspection for New-Haven, that the said account is a reasonable charge. At the foot of the said account is a certificate, subscribed by Thomas Derring and John Foster, dated the 31st of December, 1776, certifying that they have examined the said account of Peter Bountecou, amounting to £64 Os. lOd. New-York currency, and approved the charge. Ordered, That the Treasurer of this State pay to Peter Bontecou, or his order, the sum of £64 Os. lOd. for his said account, taking a receipt in full for the same. On motion of Mr. Morris, who was seconded, Ordered, That a committee be appointed to prepare a letter to the Honourable the Congress, stating the several resolutions relative to the removal of the stock, grain and inhabitants from Long island, and the propriety of charg- ing the expense which hath accrued thereby to the United States. Ordered, That Mr. Morris, Mr. Hobait and General Scott be the committee. A memorial of Major Albert Pawling, dated this day, was read, as follows, to wit : " To the Honourable the Convention of the State of New-York: " The memorial of Albert Pawling, major of one of the sixteen additional regiments ordered to be raised by the Honourable the Congress for the service of the United 221 States of America, and officered by His Excellency Ge- neral Washington, " Humbly sheweth : " That as well your memorialist as the officers of four companies in one of the said regiments, are members of this State, as will appear from the enclosed list ; that most of them are persons who have fled from the city of New-York or Long island, leaving their all behind them, rather than desert the cause of liberty and their country, by falling into the hands of the enemy ; and all of them, (one or two subalterns excepted,) have served as officers appointed by this State in the service of the United States of America, and though with some degree of military re- putation, as will appear by the recommendations given them to the committee of arrangement by the general offi- cers under whom they more immediately served, yet they were (from unavoidable necessity, as your memorialist be- lieves) unprovided for in the five regiments assigned to this State to raise. " Your memorialist further begs leave to premise that the officers of the said sixteen regiments are not confined to any particular State to recruit the same ; notwithstand- ing which, it has been the policy of the States of Connec- ticut and Massachusetts Bay, to grant their respective State bounties, as well to recruits, (wheresoever enlisted,) for those regiments as for the artillery, where the recruiting officers only are members belonging to either of those States, by means whereof they furnish officers, and this State men for those corps ; and besides the honour of apparently furnishing a large proportion of men for the war, at the close of it, from the well known attachment that men ge- nerally have to their officers, they will acquire by this stroke of policy whole regiments of new subjects at the expense of this and other of the States. " Your memorialist, however, means not by this reason- ing to ask a bounty or any extra encouragement for the recruits of his officers ; and as he wishes, so he will exert himself to raise as many in other states as he possibly can, for which purpose his recruiting officers have proper direc- tions. But your memorialist can't help humbly thinking that a late resolve of this Honourable House, giving an ex- emption to such of the militia from being drafted in the service as shall furnish or enlist men for either of the five regiments of this State only, bears extremely hard on his officers, and will greatly retard, if not totally prevent their filling their companies, except the same resolve shall be extended to them. " Your memorialist, therefore, from a desire of promot- ing the interest of this State, of which he has the honour of being a member, and of promoting the recruiting ser- vice at large, by having his officers put on an equal foot- ing with others of the same State, has thought it his duty to lay the state of fact contained in the above memorial before this Honourable House, with the fullest confidence (arising from the high opinion he entertains of their wis- dom and justice) that the said resolution will be extended equally to the above four companies as to the other troops now raising in this State. " And your memorialist, as in duty bound, will ever pray. (Signed) ALBERT PAWLING. "Kingston, April 14(A, 1777." A list of officers of the four companies alluded to in the above memorial : Captains — Nathaniel Tom, John Watkins Black, Santford ; Lieutenants — Wood, Lawrence, Neely, Munnell, Drake, Oliver, Robert, Rodman. Ordered, That Major Pawling be informed that this Convention made and issued the resolution referred to in his memorial, in order to aid in recruiting the five regi- ments directed to be raised in this State, which they con- ceived themselves bound in honour to complete as soon as possible ; and that when those regiments are completed, the Convention will give all such aid to the recruiting ser- 882 JOURNAL OF THE PROVINCIAL CONVENTION. vice in general as shall to them appear consistent with the particular circumstances of this State. The Convention proceeded to the consideration of the report of a form of government. With consent of the Convention, Mr. Tredwell gave notice, that he will to-morrow move for the reconsideration of the 23rd paragraph, for the reconsideration whereof he gave notice on Saturday last. The 36th paragraph was read ; the same being again read, Mr. Morris moved that the words, " for crimes here- after to be committed," be added to that paragraph. Mr. Jay then moved, and was seconded by Mr. Robert Harper, for the following amendment to the amendment, viz : that the amendment be in the following words, viz : " for crimes that may be committed after the termination of the present war." Debates arose thereon ; and the question being put thereon, it was carried in the affirmative. Mr. Jay then moved, and was seconded, for the follow- ing addition, viz : " and that such acts shall not work a corruption of blood." The question being put on the last amendment, it was agreed to. A motion was then made and seconded, that this para- graph be put in the words following, viz : " And that no acts of attainder shall be passed by the Legislature of this State, for crimes other than those com- mitted before the termination of the present war, and that such acts shall not work a corruption of blood." The same being thus read and agreed to, was ordered to be inserted. On motion of Mr. Morris, Ordered, That the further consideration of this para- graph be postponed till to-morrow. Adjourned till to-morrow morning, 9 o'clock. DIE MARTIS, 9 ho. a. m. April 15, 1777. The Convention met pursuant to adjournment. Present — Pierre Van Cortlandt, Esquire, Vice-President. Mr. Bancker, Mr. Robt. Harper, Mr. Dunscomb, Major Van Zandt, Mr. Jay — New- York. Major Lawrence — Queent. Mr. Cantine, Colo. De Witt, Major Tappen— Ulster. Mr. Clarke— Orange. Mr. Adgate, Mr. Robert Yates, Mr. Gansevoort, Mr. Ab. Yates, Mr. Cuyler — Albany. Mr. Landon, Capt. John Schenk — Dulchess. Mr. Win. Harper, Mr. Moore, Mr. Newkerk— Tryon. Mr. Stevens — Cumberland. Mr. Hobart, Mr. Tredwell, Mr. W. Smith, Mr. Miller— Suffolk. Colo. Van Cortlandt, Major Lockwood, Mr. Mills, Mr. Morris— Westchester. Colo. Williams, Major Webster — Charlotte. A short petition from Solomon Combs, Robert Denton and James Cosman, three disaffected persons in Kingston, dated the 14lh instant, was read. They thereby offer to go into the Continental service for three years, and pro- fess their sorrow for their past conduct. Ordered, That the said petition be referred to the com- mittee appointed to hear those prisoners when they were committed ; and that Mr. Tredwell and Mr. Lawrence be added to that committee. On motion of Mr. Morris, Resolved, That a committee be appointed to prepare and report a proper device for a great seal for this State ; and that Mr. Morris, Mr. Jay and Mr. Hobart be a com- mittee for that purpose. The House resumed the consideration of the report of the plan of government. The paragraph of the plan of government relating to trial by jury, was read. Mr. Robert Harper moved, and was seconded by Messrs. Adgate and Tredwell, that the following proviso be add- ed, viz : " Provided that no jury shall hereafter be compellable to unanimity in their verdict." Mr. Adgate then moved, and was seconded, for the fol- lowing amendment, viz : " That three-fourth parts of a jury agreeing in a verdict shall be sufficient, and their verdict received as if the whole jury had agreed." Debates arose thereon ; and the question being put thereon, it was carried in the negative, in manner follow- ing, viz : For the amendment. Against the amendment. Tryon, 3 Westchester, 4 Mr. Newkerk dissenting. Suffolk, 4 Ulster, 4 New- York 8 Mr. R. Harper dissenting. Charlotte, 2 Albany, 6 Mr. Adgate dissenting. — 28 The question being then put on the amendment moved by Mr. Robert Harper, it was carried in the negative, in manner following, viz : For the negative. For the affirmative. Westchester, 4 Tryon, 3 Suffolk 4 Mr. Newkerk dissenting. Ulster, 4 New-York, 8 Mr. Robert Harper dis- senting. Charlotte, 2 Albany, 6 Mr. Adgate dissenting. — 28 The said paragraph was again read. Mr. Jay moved, and was seconded, that the following addition be made to that paragraph, viz : "And further, that the Legislature of this State shall at no time hereafter institute any new court or courts, but such as shall proceed according to the course of the common law." Debates arose thereon, and during those debates, Abra- ham Yates and Jacob Cuyler, Esqrs. came into Conven- tion and took their seats. The question being put on the amendment it was agreed to. The paragraph thus amended was then read, and the question being put thereon, it was agreed to. The whole paragraph, with the amendments agreed to yesterday afternoon and this morning, was then read, and the question being put thereon, was agreed to. Mr. Tredwell, according to notice given, moved and was seconded, that the 23rd paragraph be reconsidered ; the question being put thereon, was agreed to. The said 23rd paragraph was then read. Thereupon, a motion was made and seconded, that the words " by the Governor," be obliterated. The question being put there- on, it was agreed to. Thereupon, Ordered, That the 22nd paragraph be read ; and the same being read, a motion was made and seconded, that the word " civil" in the former part thereof be obliterated ; the question being put thereon, it was agreed to, and the paragraph amended accordingly. The 23rd paragraph, as above amended, was then read and agreed to. Tuesday Afternoon, April 15, 1777. The Convention met pursuant to adjournment. Present— Col. Pierre Van Cortlandt, Vice-President. Mr. Jay, Mr. Dunscomb, Mr. Harper, Major Van Zandt, Mr. Banck- er, Mr. Beekman — New-York. Mr. Harper, Mr. Newkerk, Mr. Moore— Tryon. Mr. Stevens — Cumberland. Mr. Cuyler, Mr. Abm. Yates, Mr. Robt. Yates, Mr. Gansevoort, Mr Adgate— Albany. JOURNAL OF THE PROVINCIAL CONVENTION. 883 Mr. Webster, Colo. Williams— Charlotte. Mr. LandoD, Capt. Schenk, Mr. R. R. Livingston — Dutchess. Major Lawrence — Queens. Col. De Wilt, Mr. Cantine, Major Tappen— Ulster. Mr. Clarke — Orange. Mr. Smith, Mr Hobart, Mr. Tredwell, Mr. Miller— Suffolk. Mr. Mills, Maj. Lockwood, Col. Van Cortlandt, Judge Graham, Mr. Morris — Westchester. Colonel De Witt produced to Convention, at the request of Cornelius Schoonmaker, a list of the quantity of stock- ings and blankets purchased by the different persons in the different townships and precincts in Ulster county, amount- ing to £578 Is. lid. and in behalf of the said chairman, requested an advance of money to discharge the accounts accrued in purchasing the said articles : Thereupon, Ordered, That the Treasurer of this Slate advance to Cornelius Schoonmaker, Esquire, chairman of the general committee of Ulster county, the sum of six hundred pounds, to enable him to discharge the account of stockings and blankets purchased by sundry persons in the said county, pursuant to a resolution of the Committee of Safety, and take his receipt to account for the said sum. A letter from General McDougall, dated Peekskill, on the 14th inst. together with the proceedings of a general court marlial held on the 11th instant, for the trial of Si- mon Mabee, charged with being employed by the enemy as a spy, and for enlisting men into their service, the said Simon Mabee being, by the said court martial, found guilty of the said charge and sentenced to be hanged by the neck till he is dead, were read ; and the same were taken into consideration. After some time spent therein, on motion, the further consideration thereof was postponed until to- morrow. The petition of Benjamin and John Gilbert, late of the city of New- York, praying for some employment in the military line, was read and ordered to lie on the table for further consideration. The committee lo whom was referred the letters from the committee of Tryon county, dated the 2nd and 7th of April instant, as also a letter from the commissioners for disposing of the personal properly of persons gone over to the enemy, delivered in their report, which was read, amended and recommitted, with the addition of Mr. R. R. Livingston, to the said committee. The Convention proceeded to the further consideration of the plan of government. The paragraph between those marked 31 and 32, and which will be numbered 32, was read. After some time spent therein, on motion, Ordered, That the said paragraph be recommitted to Mr. Ho'uart, Mr. Jay and Mr. Robert Yates. The 3rd and 4th paragraphs were then respectively read and committed to the same committee. WEDNESDAY MORNING, April 16, 1777. The Convention met pursuant to adjournment. Present — Colo. Pierre Van Cortlandt, Vice-President. Mr. Jay, Mr. Dunscomb, Mr. Bancker, Major Van Zandt, Mr. Robert Harper, Genl. Scott— New-York. Major Landon, Mr. Robt. R. Livingston, Capt. Jno. Schenk — Dutchess. Mr. Cuyler, Mr. Gansevoort, Mr. Robert Yates, Mr. Abm. Yates, Mr. Adgate — Albany. Colo. Van Cortlandt, Mr. Mills, Mr. Lockwood— Westchester. Col. De Witt, Mr. Cantine, Major Tappen — Ulster. Mr. Miller, Mr. Smith, Mr. Hobart, Mr. Tredwell— Suffolk. Mr. Clarke— Orange. Colo. Williams, Major Webster — Charlotte. Major Lawrence — Queens. Mr. Moore, Mr. Harper — Tryon. A letter to the committee of correspondence from Colo- nel Alexander Hamilton, at Morristown, dated the 12th instant, was read. He thereby informs, that the General approves of the resolution of this Convention in the case of Major Edminston, and that it would be most agreeable to the General, that Major Edminston might be forwarded to Philadelphia without giving the General the trouble of an interview with the major. Thereupon, Ordered, That the committee appointed to take the pa- rol of Major Edminston at this place, be and are authorized and requested to give directions that he be sent forward to Philadelphia agreeable to the opinion of General Washing- ton, signified by Colonel Hamilton. The committee to whom was recommitted the letters from the committee, and the commissioners in Tryon county, delivered in their report, which was read, amended and agreed to, and is as follows, to wit : " That'your committee have examined the intercepted letters which were taken on their way to disaffected per- sons now in Canada ; but find nothing therein worthy of notice, and that they ought to be returned to the committee of Tryon county. " That the said committee be informed that works for making salt will soon be erected in that county, and also that this Convention have applied to Congress for a supply of that article, which if obtained will be properly distributed among the inhabitants of this State. " And whereas the said committee of Tryon county have lately detected a number of disaffected persons, and were about sending them to Kingston, your committee are of opinion they ought to be detained in close confinement in the said county till further provision is made for dispos- ing of them by the Convention, or future Legislature of this State: li Resolved, That a letter be written to the committee of Tryon county, approving of their zeal and attention to the general welfare of America, and informing them that past experience has shewn the inefficacy of oaths of allegiance, and that in the idea of this Convention, it will be impolitic to administer any general oath at this time lest it might lead into a security dangerous to the safety of the State. " Whereas it appears to this Convention that many very considerable farms in Tryon county have been deserted by their owners, who have gone over to the enemy : And whereas the said farms contain a great number of cattle and farming utensils requisite to stock and work the said farms: And whereas by the sale of the said stock and farming utensils the said farms would become waste and unemployed, and the number of inhabitants in the said county be greatly diminished : Therefore, " Ordered, That the commissioners in the said county be, and hereby are, empowered to let on account of this State for one year, the said farms, together with the neces- sary stock and the farming utensils thereon, to any well affected persons, for such rent as may to ihem appear rea- sonable ; first having the slock and farming utensils ap- praised, and taking security from the person or persons to whom the same may be let, for the return thereof at the end of the term. " Resolved, That the rent of the said farms be paid into the public treasury of this State. " And whereas the said commissioners have requested assistance in the execution of their office, " Resolved, As the opinion of Convention, that the said commissioners are vested with full and sufficient power by the resolution of this Convention, to call on the militia for such aid as they may stand in need of." A draft of a letter to the committee of Tryon county, was read and approved, and is in the words following, viz : " Kingston, Jpril 16, 1777. " Sir — The Convention have directed me, in answer to your letter of the 2nd inst. to inform you that they acknow- ledge with pleasure the zeal and attention to the public welfare, manifested in most of your public proceedings. They are, however, very doubtful about the propriety of administering a general oath of allegiance, especially while 881 JOURNAL OF THE PROVINCIAL CONVENTION. the want of a regular government give people a plausible pretence to refuse it. In those few counties in which it has been tried, it has been productive of much evil, and laid aside, after experience had of its inutility. It is sometimes dangerous to probe a wound too deep. Our unacquaint- ance with the characters of the people of your county ren- ders it difficult to advise you respecting those you have taken up. We can only in general terms recommend you to keep a watchful eye over such as you may suspect, and to retain those in custody whom you may deem dangerous. The nature of their confinement must be submitted to your prudence. " The enclosed resolves contain answers to other parts of your letter, &c. " By order. " The Committee of Tryon county." A petition of Isaac Davis of Shandakan, late sergeant of Capt. Elias Hasbrouck's company, of Ulster county ran- gers, complaining of his captain for refusing to pay him his wages, was read and referred to Colo. De Wit and Mr. Contine. A petition of John Harback, late of the city of New- York, read and referred to the committee of arrangements. The Convention, according to the order of last evening, proceeded to take into their further consideration, the pro- ceedings of the court martial held at Peekskill, on the 11th day of April instant, for the trial of Samuel Mabee, and after some time spent therein, Resolved unanimously, That the judgment and sentence of the said court martial be confirmed. Ordered, That the Secretary of this Convention trans- mit to General McDougall certified copies of the resolution in his letter described. Teunis Sleght, a messenger sent with sundry copies of the resolutions of this Convention, passed on the 27th of March last, for discharging sundry companies of rangers raised in this State, being returned, his report of his con- duct and services was read. The account of the said Teunis Sleght, for his services in that business seventeen days, was read. Ordered, That the Treasurer of this State pay to Teu- nis Sleght, on his receipt, seventeen pounds, in full for his said account ; and that the Treasurer file the several re- ceipts of the officers of the rangers, given to the said Teu- nis Sleght, for the copies of the resolutions of the 27th of March, served on them respectively. The Convention proceeded to the consideration of the form or plan of government. The committee to whom the 32nd paragraph (as now numbered,) and the 3rd and 4th were referred, brought in their report, which Mr. Yates, their chairman, read in his place, and delivered in at the table, where the same was again read. On reading the report of the said committee on the 3rd paragraph, debates arose thereon. The question was put whether the Convention agrees with their committee, that the General Assembly of this State shall consist of at least seventy members, and the same was carried in the affirmative, with only one dissent- ing voice. On motion, Ordered, That the said report be recommitted to the same committee to report the number of members that shall represent each county, and that they report their opinion thereon to this Convention, in the afternoon. Die Mercurii, 4 ho. P. M. April 16, 1777. The Convention met pursuant to adjournment. Present — Pierre Van Cortlandt, Esquire, Vice-President. Genl. Scott, Mr. Jay, Mr. Bnncker, Major Van Zandt, Mr. Dunscomb, Mr. Robert Harper, Mr. Beekman — New-York. Major Lawrence — Queens. Colo. Dc Witt, Mr. Cantine, Major Tappcn— Ulster. Mr. Clarke, Mr. Wisner — Orange. | Mr. Robt. Yates, Mr. Cuyler, Mr. Adgate, Mr. Gansevoort, Mr. I Abraham Yates — Albany. Mr. Landon, Capt. Jno. Schenk, Mr. R. R. Livingston, Mr. G. Li- vingston — Dutchess. Mr. W. Harper, Mr. Newkerk— Tryon. Mr. Stevens — Cumberland. Mr. Tredwell, Mr. Miller, Mr. Hobail- Suffolk. Judge Graham, Major Lockwood, Colo. Van Cortlandt, Mr. Mills, Mr. Morris — Westchester. Colo. Williams, Major Webster— Charlotte. ■ The committee appointed to reconsider and report on the 32nd, 3rd and 4th paragraphs, brought in their report, which was read. The same by order, being again read by sentences, Ge- neral Scott moved, and was seconded, that after the words "its inhabitants," the following words be inserted, viz: "And the supremacy heretofore claimed by the Parlia- ment of Great Britain or of England, over the said Co- lony." The question being put thereon, was carried in the ne- gative, by a majority of two members ; the proposed amendment was therefore rejected. Mr. Robert Yates moved, and was seconded, for insert- ing the words, " such parts of," before the words, " the common law ;" the same was agreed to. Mr. Abraham Yates moved, and was seconded, that that part of the report which confirms the proceedings of the general Committees of Safety, be expunged ; the same was agreed to, and that part of the said paragraph was obliterated. The whole of the said 32nd paragraph being again read, and the question put thereon, it was agreed to. The report of the said committee of a paragraph to be substituted in the lieu of the 3rd paragraph, was read, and follows, viz : "That the Assembly shall consist of at least seventy members, to be chosen in the several counties, in the pro- .ions following, to wit : City and county of New-York, nine members City and county of Albany, nine do Dutchess county, seve n do Westchester do seven do Ulster do s j x do Suffolk do S i x d 0 Querns do fi ve d 0 Tryon do fi ve do Orange do f our do Charlotte do three do Cumberland do three do Gloucester do two do Kin gs do two do Richmond do two do" This paragraph as reported, was then read in parts. On reading the words, " Westchester, seven," a motion was made, and seconded, that the word or figure " seven " be changed to " six." The question being put thereon, it was carried in the affirmative. On reading the words "Suffolk, six," a motion was made, and seconded, that the word or figure " six " be changed to "five." The question being put thereon it was carried in the affirmative. On reading the words, " Queens, five," a motion was made, and seconded, that the word or figure " five," be changed to " four." The question being put thereon, it was carried in the affirmative. The residue of the said report on the 3rd paragraph, was read and agreed to. A motion was then made and seconded, that one of the substracted members be added to Albany, so that Albany may have ten members. The question being put thereon, it was carried in the af- firmative : Therefore, Ordered, That the amendment be made, viz : " Albanv ten." y A motion was then made and seconded, that another of the substracted members be added to Tryon county ; the same was carried in the affirmative. JOURNAL OF THE PROVINCIAL CONVENTION. 885 Ordered, That it be amended, " Tryon six." A motion was then made and seconded that the other substracted members be added to Orange. It was carried in the negative. A motion was then made and seconded, that the remain- ing substracted member be added to Charlotte county. The question being put thereon, it was carried in the af- firmative, and amended accordingly. The paragraph reported by the said committee to be sub- stituted in lieu of the 4th paragraph, was read. The same being again read and amended, was agreed to, and by or- der inserted in the plan of government as part thereof. Mr. Jay moved, and was seconded, that the following addition be added to that paragraph, as reported, to wit : " And whereas the county of Richmond, from its par- ticular situation, cannot conveniently be annexed to any other county : "Be it Ordained, That the said county shall always have at least one representative in the General Assembly." The question being put thereon, the votes of the coun- ties were as follows, viz : For the affirmative. New-York, 8 Ulster 4 Charlotte, 2 Westchester 4 Negative. Dutchess, 5 Albany, 6 Orange, 3 Suffolk, 4 18 18 Therefore the amendment proposed was lost. Mr. Morris then moved, and was seconded, that the fol- lowing amendment be made by adding the following pro- viso, viz : " Provided that no county shall be left without at least one representative." The question being put thereon, it was carried in the negative in manner following, viz : For the negative. For the affirmative. Dutchess, 5 Westchester, 4 Ulster, 4 Orange, 3 New-York, 8 — Albany, 6 7 Suffolk, 4 Charlotte, 2 29 Therefore the proposed amendment was rejected. Mr. Morris then gave notice that he will to-morrow move for the reconsideration of the eighth paragraph. Mr. Wisner informed the Convention that he had re- ceived a letter from Jos. Barton, in New-York, and that a letter from the said Jos. Barton to Thomas Welling, had been intercepted, and is now in his custody. The said letters were respectively read. Ordered, That the said letter to Thomas Welling be committed to Mr. Wisner and Mr. Morris. Adjourned till to-morrow morning. THURSDAY MORNING, April 17, 1777. The Convention met pursuant to adjournment. Present — Colo. Pierre Van Cortlandt, Vice-President. Mr. Jay, Mr. Bancker, Mr. Dunscomb, Major Van Zandt, Mr. Ro bert Harper, Mr. Beekman, General Scott — New-York. Major Lawrence — Queens. Mr. Cantine, Major Tappen — Ulster. Major Webster, Colo. Williams— Charlotte. Mr. Abm. Yates, Mr. Robert Yates, Mr. Adgate, Mr. Gansevoort, Mr. Cuyler— Albany. Mr. Clarke, Mr. Wisner — Orange. Mr. G. Livingston, Mr. Landon, Mr. R. R. Livingston, Capt. John Schenk — Dutchess. Mr. Stevens— Cumberland. Mr. Hobart, Mr. Tredwell, Mr. Smith, Mr. Miller— Suffolk. Mr. Mills, Major Lockwood, Colo. Drake, Mr. Morris — Westchester. Mr. Newkirk, Mr. Harper— Tryon. 222 A letter from Colonel Hamilton at Head-Quarters, at Morristown, to the committee of correspondence, was read. He thereby gives a particular account of the attack, of the enemy on the American troops commanded by General Lincoln at Bound Brook, and informing that three or four of the enemy's vessels have got into the river Delaware, and that a vessel from France was attacked in the said river ; that to prevent her falling into the hands of the enemy she was blown up, but that some part of the cargo was cast on shore. The petition of Elizabeth Haight, dated this day, and claiming, as belonging to her mother, some goods seized by the commissioners appointed to dispose of the personal property of persons gone over to the enemy, as the pro- perty of Grove Bend, and praying that the same may be restored to her, was read ; and Ordered, To lie on the table. Whereas it is represented to this Convention, that Su- sannah Robb, late an inhabitant of the city of New-York, is now at Fishkill, in Dutchess county, in a very distressed situation, with five small children to maintain, and that her husband is a prisoner at New-York : Resolved, That the said Susannah Robb be considered as of the number of the poor of the said city ; and that the committee of Rumbout precinct make the like provision for the maintenance of the said Susannah Robb and her child- ren, as for the other poor from the city of New-York in that precinct. Application was made to Convention by Major George Nicholson, in the Continental service, with a request in writing, subscribed Walter Stewart, A. D. C. by order of Major-General Gates, requesting the aid of Convention to obtain a sloop or wagons to remove the baggage of the ca- det company under his command, and also to remove the French refugees and their baggage, now at Hurley, where they were placed by order of General Schuyler, to the city of Albany, where they are now ordered by the com- mand of Genl. Gates : Thereupon, Ordered, That the armed sloop under the command of Captn. Castles, do proceed to Albany with the said bag- gage and people ; that she be there discharged, and return with all possible despatch. Resolved, That the resolutions of this Convention of the first day of April instant, empowering court martials to try persons coming from the enemy as spies, enlisting men in their service, or supplying them with provisions, be ex- tended to all such persons as shall be taken in going off privately to the enemy, and continue in force till the first day of July next, unless sooner repealed. Ordered, That a copy of the aforegoing resolution be sent to His Excellency Genl. Washington, and to the Gene- rals McDougall and George Clinton, and that the same be published in the newspaper. An account of Charles Sprainger, formerly master of the brigantine Mary, now lying at Esopus Landing, for his disbursements and wages, was read, and committed to Mr. Dunscomb and Mr. Gilbert Livingston. The committee appointed to examine and dispose of the persons apprehended and brought to this place by Major Wisner, delivered in their report, and the examinations by them taken, which were read, as follows, to wit : " Your committee, who were appointed to examine and dispose of the prisoners detected by Major Wisner in go- ing to the enemy, report that they have examined Samuel Herring, whose examination contains such information as your committee are of opinion ought to be laid before the House ; that they have examined Solomon Combs, Ro- bert Denton and James Cosman, who petitioned for leave to enlist into the Continental service ; and that as it does not appear that James Cosman was taken going to the ene- my, or that there is any evidence of his disaffection, your committee are of opinion that he may safely be trusted in the service. But as to the other two, who confess they were on the way, when taken, to join the enemy, your 88G JOURNAL OF THE PROVINCIAL CONVENTION. committee are of opinion that before any such persons are permitted to enlist into the service, the sense of the Gene- ral ought to be taken as to the propriety of such a mea- sure. " The examination of Samuel Herrin : " He says he was born in Ireland ; that he was taken into custody at Minnisink, in consequence, as he was informed, of one John Moore's swearing that he was to be appointed a lieutenant in the regular service, and was enlisting men for that purpose ; that the said Moore had formerly deserted from the regular army ; had since enlisted in our army, and has deserted from them ; that some time in the winter the examinant heard that one Joseph Barton, living at a place called Mamacotting, had a quantity of salt to sell, which the examinant was much in want of ; that the exa- minant went there, and while there, said Barton gave him encouragement, and advised him to join the regular army, telling him that matters could soon be settled on the same footing they were in the year 1763, and if he would join he would have one hundred acres of land given him, which the examinant says he refused ; that some time after, one Solomon Cartwright was sent to the examinant, requesting him to come to the said Barton immediately, which he re- fused to do ; that the next night the said Barton went off to the enemy, as this examinant has been informed ; an offi- cer was sent to take said Cartwright into custody, but did not succeed ; that since that time said Cartwright has told the examinant he would enlist all the men in his power, and informed him he had seen a letter from said Barton, which mentioned that he and all his friends should hold themselves in readiness ; that he intended to be at home to eat his Easter dinner, and on the night following make a general jail delivery at Sussex and Goshen ; that the exa- minant wagered a bottle of rum that it would not be done by May day ; that some time since the said Cartwright offered the examinant £50 to go with him to the regulars, telling the examinant that himself and about twenty more had a meeting the night before, which was on Thursday night last, a week past, who told the examinant he had a true account how matters were to be carried on : the scheme was, that as soon as the grass would supply the horses with feed sufficient for their subsistence, a number of light horse, together with a large party of tories and some regular troops, were to penetrate into the country to Sussex and Goshen, which would be done as soon as they heard that General Howe had attacked General Washing- ton's army and drove them from Morris Town ; that they would, at the same time, send some shipping up the North river as far as New- Windsor ; that about 400 men from Albany and the upper part of Ulster county were to come down to Kingston and take the Convention prisoners, carry them to New-Windsor, and put them on board the men of war, for which they were to receive great rewards, then to meet the other party or parties ; that when this scheme is to be put into execution, expresses are to be sent through that part of the country to all the tories, who were imme- diately to join and disarm all those who would not assist them ; that one James McCormick and William Crum, he believes, were confederates with Cartwright ; that Cart- wright had told examinant that letters had been received from Pennsylvania, giving great encouragement that they should be joined from that quarter ; that the number of tories now with General Howe was 5,600, and upwards ; that Barton had fifteen hundred under his command, as this examinant was informed by said Cartwright. (Signed,) " SAMUEL HERRIN. " Sworn before me. " Jona. Lawrence. "Kingston, April 16, 1777." Resolved, That the said committee be authorized to per- mit Solomon Comb, Robert Denton and James Cheesman to enlist in Col. Van Schaick's or Gansevoort's regiments, provided no more than one enlist in the same company. Resolved, That a copy of the examination of Samuel Herrin be sent to Brigr. Genl. George Clinton, and that he be requested to cause the persons therein mentioned to be apprehended. Ordered, That Mr. Wisner be discharged from the com- mittee to whom was referred the letter from Joseph Bar- ton, at New-York, directed to Mr. Welen, and which Mr. Wisner delivered into Convention last night, and that Mr. Clarke and Mr. Gilbert Livingston be added to that com- mittee. The House then proceeded to the consideration of the plan of government. The 8th paragraph was read. Mr. Morris, according to the notice by him given yesterday, moved that from and after the words "formerly did" to the end of the pa- ragraph, be obliterated, and the following words there inserted, viz : " And that a majority of the said members shall from time to time constitute a House sufficient to proceed upon business." The same was read, and being again read, was agreed to. The 8th paragraph, with the amendment, being read, was agreed to. Thereupon, Ordered, That the said paragraph be amended accor- dingly. Adjourned till afternoon. Thursday Afternoon, April 17, 1777. The Convention met pursuant to adjournment. Present — Colonel Van Cortlandt, Vice-President. Genl. Scott, Mr. Bancker, Mr. Harper, Major Van Zandt, Mr. Dun- scomb, Mr. Beekman — New-York. Major Lawrence— Queens. Mr. Harper, Mr. Newkerk — Tryon. Major Landon, Capt. Schenk, Mr. R. R. Livingston, Mr. G. Living- ston — Dutchess. Mr. Cuyler, Mr. Abm. Yates, Mr. Robt. Yates, Mr. Gansevoort, Mr. Adgate — Albany. Mr. Clarke, Mr. Wisner — Orange. Colo. Williams, Mr. Webster— Charlotte. Mr. Stevens — Cumberland. Mr. Smith, Mr. Hobart, Mr. Tredwell— Suffolk. Mr. Morris, Colo. Van Cortlandt, Mr. Mills, Judge Graham, Major Lockwood — Westchester. Mr. Cantine, Major Tappen — Ulster. An account of Capt. Theodorus Brett, for 4 months' and fourteen days' service, and nineteen weeks and one day billeting, in the employment of the committee for detecting conspiracies, &c. was read, and committed to Mr. Ganse voort, Judge Graham and Colo. De Witt. The paragraph reported yesterday to be inserted in lieu of the 32nd paragraph, as reported by the committee of government, was again read, and the question being put thereon, it was agreed to nem. con. and ordered to be in- serted in the said plan. The report of the said committee of a paragraph to be inserted in lieu of the 3rd paragraph as it remained with the amendments of last evening, was read. General Scott then moved, and was seconded by Mr. Dunscomb, that the following proviso be added to the or- dinance for regulating the number of Representatives for each county, to wit : " Provided always that the number of Representatives for each county which had a representation in the last ses- sions of General Assembly for the Colony of New-York, shall never be less than it was in such last sessions, and that the number of Representatives for each uf the counties of Cumberland and Gloucester, shall not be less than two, notwithstanding any future erection of a county or coun- ties out of the counties now existing within this State." Debates arose thereon. After some time spent therein, the question on the amendment was put, and carried in the negative, in manner following, to wit : JOURNAL OF THE PROVINCIAL CONVENTION. 887 For the negative. For the affirmative. Albany, 6 New-York, 8 Ulster, 4 Orange, 3 Westchester, 4 — Colo. Drake dissenting. 1 1 Dutchess, 5 Charlotte, 2 — Suffolk divided. 21 The said paragraph was then read, and the question put thereon, it was carried in the affirmative, in manner fol- lowing : For the affirmative. For the negative. Westchester, 4 New-York, 8 Col. Drake dissenting. Dutchess, 5 Albany, 6 Ulster, 4 Suffolk, 4 Orange, 3 Charlotte, 2 28 Thereupon, Ordered, That the said paragraph be inserted in the plan of government, as the 3rd paragraph. The paragraph reported by the said committee to be in- serted in lieu of the 4th paragraph, was then read, and the question being put thereon, it was carried in the affirmative, in manner following, viz : For the affirmative. For the negative. Dutchess, 5 New- York, 8 Westchester, 4 Orange 3 Colo. Drake dissenting. — Albany, 6 11 Charlotte, 2 Suffolk, 4 Ulster, 4 25 Thereupon, Ordered, That the said paragraph be inserted in the plan of government as the 4th paragraph. Mr. Morris moved, and was seconded, that the follow- ing paragraph be added to the plan of government, to wit : " And whereas a regard to the rights of human nature and the principles of our holy religion, loudly call upon us to dispense the blessings of freedom to all mankind : and inasmuch as it would at present be productive of great dangers to liberate the slaves within this State : It is, therefore most earnestly recommended to the future Legis- latures of the State of New- York, to take the most effec- tual measures consistent with the public safety, and the private property of individuals, for abolishing domestic slavery within the same, so that in future ages, every hu- man being who breathes the air of this State, shall enjoy the privileges of a freeman." The same being read, the consideration thereof was postponed until to-morrow. The preamble of the plan of government was then read, and taken into consideration. The question being put thereon, it was agreed to. Resolved, That the acts and proceedings of the several committees from time to time appointed within the Colony of New-York and this State by the several Provincial Con- gresses of the snid Colony, or by their Convention, be, and they hereby are ratified and confirmed. Adjourned till to-morrow morning. FRIDAY MORNING, April 18, 1777. The Convention met pursuant to adjournment. Present — Mr. Bancker, Major Van Zandt, Mr. Dunscomb, Mr. Harper, Capt. Rutgers, Mr. Beekman, Genl. Scott— New-Fork. Major Lawrence — Queens. Mr. Harper, Mr. Newkerk— Try on. Mr. G. Livingston, Capt. Schenk, Major Landon, Mr. R. R. Living, ston — Dutchess. Mr. Abm. Yates, Mr. Bleecker, Mr. Adgate, Mr. Robert Yates, Mr. Gansevoort, Mr. Cuyler — ilbany. Mr. Wisner, Mr. Clarke— Orange. Mr- Webster, Colo. Williams— Charlotte. Mr. Stevens — Cumberland. Mr. Smith, Mr. Hobart, Mr. Tredwell, Mr. Miller— Suffolk. Judge Graham, Major Lockwood, Colo. Drake, Mr. Morris — West- chester. Major Tappen, Colo. De Witt— Ulster. Colonel Van Cortlandt, the Vice-President, being absent, Mr. Gansevoort was elected President pro tempore, and accordingly took the chair. A letter from Hugh Hughes, deputy quarter-master-ge- neral, dated the 9th instant, accompanying an exemption for a number of workmen at Sterling iron works from mili- tary duty, was read. Ordered, That the said letter and petition be committed to Mr. Wisner, Mr. Robert R. Livingston and Colo. De Witt. The affidavits of Capt. William Leonard, Oliver Mil- deberger and Philip Staats, and a certificate of Doct. Ana- nias Cooper, all declaring Christopher Fiegenheim, (who is drafted for the militia,) incapable of serving in the mili- tia, by reason of a complaint in his back, were read. Resolved, That it be recommended to Colo. Graham to inquire into the truth of the affidavits and certificate pro- duced to this Convention by Christopher Fiegenheim, re- lative to his inability to serve in the militia, and if they should appear to him to be just and true, to grant him a discharge. The committee to whom was referred Governor Trum- bull's letter of the 1st inst. with the enclosures, reported a draft of a letter in answer thereto, which was read, agreed to, and ordered to be transmitted. Also, a draft of a letter to Congress, on the same subject, to wit, relative to the persons belonging to this State permitted by Governor Trumbull to go to New-York on parol. The said letter was likewise read and approved, and ordered to be trans- mitted ; which said letters are as follows, viz : " Sir — Your Excellency's letter of the 1st April instant, has been laid before the Convention. As the several pri- soners referred to in it were subjects of this State, and re- moved to Connecticut for no other purpose than that they might be kept safe, the Convention wish their advice had been obtained previous to their being permitted to re- turn to New-York. Parols of honour have been so often and so shamefully violated by men of the like character with them, that little room was left for confidence. Besides, the Convention had it ever in view to detain those persons as hostages for the good treatment of such of their friends as might from time to time be in the enemy's power, and to retaliate on the former whatever severities might be ex- ercised towards the latter. " Some gentlemen of this State, who have uniformly distinguished themselves by a zealous attachment to the American cause, are now close prisoners in the city of New- York, and the Convention are desirous either of obtaining their exchange, or retaliating their injuries. " The disaffected, or rather the rebels, throughout Ame- rica, have hitherto been treated with a degree of indulgence which neither the regard due to the country nor their me- rits can justify. Without vigour, firmness and decision, few revolutions succeed. " The. Convention beg the favour of your Excellency to cause the several prisoners belonging to this State, and now on parol in New-York, to return ; and if their further resi- dence in Connecticut should be disagreeable, the Conven- tion will provide for their accommodation in this State. " His Excellency Governor Trumbull." "April 18, 1777. " Sir — By order of the Convention of this State, I have the honour of transmitting to you the enclosed papers, con- taining their proceedings on the resolution of the Honoura- ble the General Congress, relative to the exchange of Mr. 888 JOURNAL OF THE PROVINCIAL CONVENTION. Jauncey, Junr. for Major West, which the Convention con- tinue their endeavours to accomplish. Be pleased to read the enclosed papers in the order in which they are num- bered. " I have the honour to be, &c. " To the Honourable John Hancock, Prest. &c." A letter from John Dumont, Esquire, chairman of the committee of Kingston, relative to a suspected person who was conveyed from this place to Sagerties by Jan Freer, was read. Ordered, That the said letter be referred to Colo. De Witt, Major Tappen, Mr. Abram. Yates and Mr. Cuyler, and that they be directed to use the best means in their power to cause the said suspected person to be appre- hended. A petition of David Hobby, Jona. Horton and Cornelius Stienrods, late captains in Colo. McDougall's and Ritzma's regiments, relative to pay still due to them and their com- panies, was read. Ordered, That they apply to the Paymaster-General. The committee to whom was referred the account of Capt. Charles Sprainger, master of the brigantine Mary, reported as follows, to wit : " That the said brigantine is the property of Joseph Towers and David Henry Mallows, now or late both in New-York. " That the said Charles Sprainger is and has been cap- tain of the said brigantine since she was launched, and that he has an account against the said brigantine for wa- ges and disbursements for the use of the said brigantine, after giving credit for cash received for sundries taken from on board her for the public use, amounting to the sum of £94 18s. 9d. " That the said brigantine is a good, new vessel, and cannot now be sold for her value. Therefore, " Resolved, That the said Charles Sprainger be at li- berty to remain on board and keep charge of the said bri- gantine ; that he have a claim against her for what may be justly due to him ; and that she be securely moored in the Roundout creek." The said report being read, was agreed to. A letter from John Barclay, Esquire, chairman of the committee of Albany, dated March 25, 1777, enclosing the copy of a letter from Mr. John Gamble, an inhabitant of the city of Albany, praying leave to make application to the Convention to repair to New-York, were respec- tively read ; and thereupon, Resolved, That the committee of Albany and Mr. Gam- ble be informed that as Mr. Gamble is in the service of the King of Great Britain, this Convention are ready and willing to exchange him agreeably to his rank. Friday Afternoon, April 18, 1777. The Convention met pursuant to adjournment. Present — Leonard Gansevoort, Esquire, Prest. pro tern. Genl- Scott, Mr. Bancker, Mr. Dunscomb, Capt. Rutgers, Mr. Beek- man, Mr. Harper, Major Van Zandt — New-York. Mr. Harper, Mr. Newkerk — Tryon. Major Tappen, Col. De Witt — Ulster. Mr. R. R. Livingston, Capt. Schenk, Mr. Gilbert Livingston, Major Landon — Dutchess. Mr. Gansevoort, Mr. Abm. Yates, Mr. Cuyler, Mr. Bleecker, Mr Adgate, Mr- Robt. Y ales— Albany. Mr. Wisncr, Mr. Clarke — Orange. Mr. Webster, Colo. Williams — Charlotte. Major Lawrence — Queens. Mr. Smith, Mr. Tredwell, Mr. Miller, Mr. Hobart— Suffolk. Judge Graham, Colo. Drake, Major Lockwood— Westchester. Mr. Stevens — Cumberland . The petition of Matthew Goes, Junr. and Dirck Gardi- nier, prisoners on parol at Hurley, praying to be permitted to go to and remain at their respective places of abode, on parol, was read. Ordered, That the same lie on the table. Mr. William Harper, seconded by Colo. Drake, moved, that all such disaffected persons as have violated their parols, and departed from the places assigned for their re- sidence, or, being confined, have escaped from their con- finement, be directed to be apprehended, and secured in the jail nearest to the respective place of abode of such persons respectively, until further order of this Convention. Debates arose, and the question being put thereon, it was carried in the negative. A pay abstract of Capt. Ebenezer Woodhull's company of lighthorse, from Cornwall, in Orange county, in the State of New-York, in General George Clinton's brigade, in the service of the United States of America, commenc- ing the 16th day of July, 1776, and ending the 13th day of January, 1777, both days included, containing the names of the persons of that company, who had been in service, and the number of days each person respectively had served, whereby there is charged in the whole, one thousand seven hundred and twenty-one days' service, was exhibited. Thereto is annexed a certificate of Brigadier-General George Clinton, dated the 15th day of January last, that he had carefully examined the said pay abstract of Capt. Ebenezer Woodhull's company of Orange lighthorse, with respect to the number of days which they are therein men- tioned to have served, and does not discover any mistake or error ; and he thereby further certifies, that whenever any of the said company were relieved by others, the days spent in travelling, by means of such relief, are not includ- ed in the above abstract, it being for their own ease and conveniency. An establishment for the pay of the lighthorse, in Con- tinental service, being unknown to this Convention, and Capt. Ebenezer Woodhull's company being much in want of their pay, for their service last summer in the Conti- nental army, to support them in further service, to which they are now called by General George Clinton : Ordered, That the Treasurer of this State advance to Capt. Ebenezer Woodhull the sum of one thousand dol- lars, exclusive of the sum of five hundred dollars ordered to be paid to him, by the order of the Committee of Safety, on the ninth day of January last. A petition of Stephen Wood, one of the disaffected per- sons now confined in Kingston jail ; and a petition of Ben- jamin Smith, another of the said disaffected persons, both lately apprehended by Major Wisner, on their way to the enemy, or places in their power, were read. They pray for their discharges. Ordered, That the said petitions be referred to the com- mittee appointed by this Convention to hear and examine the prisoners brought to Kingston jail by Major Wisner. On motion of Mr. Morris, seconded by Mr. Wisner, Ordered, That a committee be appointed to examine and consider the proceedings of a court martial in the re- spective cases of Devine and Knapp of Orange county. Ordered, That Mr. Tredwell, Major Lawrence and Mr. Gilbert Livingston be a committee for that purpose. A letter from Colonel Robert Van Rensselaer, dated the 16th of April instant, directed to Leonard Gansevoort, Esquire, (now President pro tempore,) was read, and fol- lows, viz : "Dear Sir — Upon my arrival home, I found a letter from the chairman of the county committee, requesting the assistance of our militia to quell an insurrection of the tories in Ballstown, and upon inquiry found that the same spirit prevailed much in my regiment, to such a degree that it appears numbers have enlisted, and have taken an oath of secrecy and allegiance to the King of Great Britain, and that a regiment of royal volunteers is to be raised in the county of Albany, under the command of J. Huetson, as will appear by the enclosed ; in consequence of which we have not complied with the request of the chairman. Seventeen of the villains are now in confinement, and by JOURNAL OF THE PROVINCIAL CONVENTION. 889 the vigilance of our committee, and militia officers, hope soon to detect the whole, and transmit to the Convention the proof that shall be collected. " I am, dear sir, in great haste, " Yours, (Signed,) "ROBT. VAN RENSSELAER. "April 16, 1777." The copy of the terms of enlistment for the battalion of loyal volunteers raising for the enemy's service in the county of Albany, under J. Huetson, colonel commandant, together with copies of the oaths taken by such volunteers, were read. Convention took the same into consideration ; and there- upon, Resolved, That a copy of the affidavits received from the committee of Albany, and the information received from Colo. Van Rensselaer, be transmitted to the commanding officer of the militia at Albany, and that he be requested immediately to call a court martial for the trial of the cri- minals ; and that the committee of the county of Albany be requested to afford them every assistance in their power in preparing and collecting the proofs. Resolved, That the commissioners at Poughkeepsie, ap- pointed to detect and defeat all conspiracies, &c. be re- quested to transmit the names, and direct the delivery of such prisoners as are confined in the counties of Ulster, Orange or Dutchess, as come within the resolutions of the first and seventeenth days of April, to General George Clinton, together with the proofs against the criminals ; and that General Clinton be requested to institute a court martial for their trial. Resolved, That a discretionary power be given to the said commissioners to pardon or dismiss such of the per- sons now in confinement, as they conceive may safely be admitted to go at large ; and that Mr. Abraham Yates and Colonel Williams be a committee to draw a letter to the commissioners. Mr. Yates immediately reported a draft of such letter, which is in the words following, to wit : " Gentlemen — By the enclosed resolutions of Conven- tion, you have a discretionary power to pardon and dismiss such of the prisoners now in confinement, as you conceive may with safety go at large. I am directed to acquaint you, that if among the prisoners there be any young men whose principles may not, in your opinion, be so inimical to our cause as to render them dangerous, you will use your influence to get them to enlist in one of the five regi- ments of this State, and that you take care not to suffer too many of them to enlist in one regiment. " I am, yours, &c. " To the Commissioners, &c." The same being read, was approved and ordered to be transmitted. The House proceeded to the consideration of Mr. Morris's motion of last evening, with respect to the abolishing of domestic slavery, and which was postponed until to-day. The same being read, debates arose ; whereupon the same was again read, without the preamble ; and the ques- tion being put thereon, it was carried in the affirmative, in manner following, to wit : For the affirmative. Albany, 6 Dutchess, 5 Suffolk, 4 Orange, 3 Westchester, 4 Charlotte, 2 24 For the negative. New-York, 8 [Colo. De Witt having left the House before this matter came on, Ulster had no vote for want of a quorum.] The preamble to the said motion was then read, and the consideration thereof postponed until to-morrow. SATURDAY MORNING, April 19, 1777. The Convention met pursuant to adjournment. Present— Leonard Gansevoort, Esq. Pres. pro. tern. Capt. Rutgers, Mr. Harper, Mr. Dunscomb, Mr. Bancker, Major Van Zandl, Genl. Scott— New-York. Major Lawrence — Queens. Mr. Harper, Mr. Newkerk — Tryon. Major. Tappen, Colo. De Witt, Mr. Cantine— Ulster. Mr. Gansevoort, Mr. Cuyler, Mr. Adgate, Mr. Abm. Yates, Mr. Bleecker— Albany. Mr. Clarke, Mr. W T isner — Orange. Colo. Williams, Maj. Webster — Charlotte. Mr. R. R. Livingston, Major Landon, Mr. G. Livingston, Capt. John Schenk — Dutchess. Mr. Smith, Mr. Hobart, Mr. Tredwell, Mr. Miller— Suffolk. Judge Graham, Mr. Morris, Colo. Drake, Major Lockwood — West- chester. Mr. Stevens — Cumberland. A petition of Alexander Cruikshank and John Cum- ming, praying for a reexamination of any witnesses who may have testified against them, or that they may be re- moved to the fort at Albany as their place of confinement. Ordered, That the said petition be referred to Major Tappen, Major Lawrence and Mr. Cuyler. Colo. De Witt requested a pass for Matthew Goes, Junr. and Dirck Gardinier, to go to Poughkeepsie to the commis- sioners appointed for the detecting of conspiracies, &c. in this State. Ordered, That the above application be referred to the committee above named. The preamble to the resolution postponed yesterday eve- ning, was read. Mr. Morris moved that the said preamble be obliterated, and the following inserted in its stead, viz : " Inasmuch as it would be highly inexpedient to proceed to the liberating of slaves within this State, in the present situation thereof." Debates arose thereon ; and the question being put there- on, it was carried in the affirmative in manner following, viz : For the affirmative. For the negative. Orange, 3 New-York, 8 Albany, 6 Ulster, 4 Suffolk 4 — Charlotte, 2 12 Westchester, 4 Col. Drake dissenting. Dutchess, 5 —24 The question put on the preamble was carried as above. The preamble and paragraph being read together for the question. Mr. Robert R. Livingston moved, and was seconded, for the previous question, to wit : whether the question on the paragraph shall be now put ? The previous question being put. was carried in the affirmative, in manner following, viz: Against the previous question. For the previous question. Charlotte, 2 New-York, 8 Orange, 3 Dutchess, 5 — Westchester, 4 5 Mr. Morris dissenting. Suffolk, 4 Ulster, 4 Albany, 6 Mr. Adgate and Mr. —31 Bleecker dissenting. Mr. Abraham Yates, from the committee appointed to report a plan for organizing the form of government, by direction of that committee, moved, and was seconded by Mr. Morris, that between the 25th and 26th paragraphs as reported, the following paragraph be inserted, viz : " And be it further ordained, That the register and clerk in chancery, be appointed by the chancellor ; the clerks of the supreme court, by the judges of the said court ; the 223 890 JOURNAL OF THE PROVINCIAL CONVENTION. clerks of the court of probates, by the judge of the said court ; and the register and marshal of the court of admi- ralty, by the judge of admiralty ; the said marshal, re- gisters and clerks, to continue in office during the pleasure of those by whom they are to be appointed as aforesaid." The same being read a second lime, was agreed to, and ordered to be inserted in the said plan of government. Mr. Robert R. Livingston then moved, and was seconded by Mr. Morris, that the two following paragraphs be agreed to and inserted in the said form of government, viz : " And that all attorneys, solicitors and counsellors at law hereafter to be appointed, be appointed by the court and licensed by the first judge of the court in which they shall respectively plead or practise, and be regulated by the rules and orders of the said courts. " And be it further ordained, That where, by this consti- tution, the duration of any office shall not be ascertained, such office shall be construed to be held during the pleasure of the council of appointment, provided that new commis- sions shall be issued to judges of the county courts (other than to the first judge,) and to justices of the peace, once at least in every three years." The said two paragraphs being separately read, and the question put on each of them respectively, the said para- graphs were respectively agreed to, and ordered to be in- serted in the form of government. Mr. Robt. R. Livingston, pursuant to a notice by him given yesterday, moved, and was seconded by General Scott, that the 22d paragraph, as now in the form of go- vernment, be reconsidered. The question being put thereon, was agreed to. Mr. Livingston then moved, and was seconded, that the words " together with the Speaker of the Assembly for the time being," be obliterated. The question being put thereon by ayes and noes, was carried in the affirmative. Therefore, by order, those words were obliterated. The said paragraph as amended, was then read. Mr. Hobart then moved, and was seconded by Mr. Tredwell, that the words " openly nominate and appoint," be oblite- rated, and the words "elect by ballot," there substituted. The question being put thereon, was carried in the nega- tive, and therefore rejected. Mr. Wisner moved, and was seconded by General Scott, that the words " that one member of the Assembly to be annually elected," be added to the Council for the nomina- tion of officers. The question being put thereon, it was carried in the negative, in the manner following, viz : For the affirmative. For the negative. Suffolk, 4 Ulster, 4 Albany, 6 Westchester, 4 Messrs. Gansevoort and Ma j. Lock wood dissenting. Cuyler dissenting. Charlotte, 2 Orange, 3 New-York, 8 — Dutchess, 5 13 —23 Therefore the said motion was rejected. Mr. R. R. Livingston moved, and was seconded by Mr. Morris, that after the words " shall be president and have a," the following words be inserted, viz : " vote, and upon an equal division his shall be considered as the," and that the words " but no other vote," be obliterated, so that the lines would read thus, viz : " When they shall respec- tively administer the government, shall be president and have a vote, and upon an equal division, his shall be con- sidered as the casting voice." Debates arose thereon. After some time spent therein, the question was put thereon and carried in the negative, in the manner following, to wit : For the negative. Suffolk, 4 Mr. Hobart dissenting. Orange, 3 Ulster 4 New- York, 8 Charlotte, 2 -21 For the affirmative. Dutchess, 5 Westchester, 4 Maj. Lockwood dissenting. Albany, 6 Mr. Abraham Yates dis- senting. — 15 Therefore the amendment was rejected. Mr. Morris moved, and was seconded, that the words " and consent" be obliterated ; and with the intent that the Governor may appoint as he pleases against the advice of the Council, and appeal to the people. The question being put thereon it was carried in the ne- gative, as follows, viz : For the negative. Suffolk, 4 Ulster, 4 Orange, 3 Dutchess, 5 Charlotte, 2 — New-York, 8 32 Albany, 6 Westchester divided. The said paragraph being again read, Mr. Tredwell moved, and was seconded by Mr. William Harper, " that the Assembly appoint the Council for the appointment of officers out of their own body and not out of the Senate." The question being put thereon, it was carried in the nega- tive, as follows : For the negative. For the affirmative. Westchester, 4 Charlotte, 2 Ulster, 4 Dutchess, 5 Suffolk 4 Mr. Tredwell dissenting. Albany, 6 New-York, 8 Mr. Harper dissenting. Orange, 3 34 Therefore Mr. TredwelPs proposed amendment was re- jected. The question was then put on the 22nd paragraph, and agreed to. Die Sabbati, 4 ho. P. M. April 19, 1777. The Convention met pursuant to adjournment. Present — Leonard Gansevoort, Esq. President pro tern. Genl. Scott, Major Van Zandt, Mr. Bancker, Mr. Dunscomb. Mr. Harper — New-York. Mr. W. Harper, Mr. Newkerk — Tryon. Col. De Witt, Major Tappen— Ulster. Mr. Gansevoort, Colo. Livingston, Mr. Cuyler, Mr. Jno. Ten Broeck, Mr. Adgate, Mr. Bleecker — Albany. Mr. R. R. Livingston, Mr. G. Livingston, Capt. John Schenk, Major Landon — Dutchess. Major Webster, Colo. Williams — Charlotte. Mr. W. Smith, Mr. Hobart, Mr. Tredwell, Mr. Miller— Suffolk. Judge Graham, Mr. Morris, Colo. Drake, Major Lockwood — West- chester. Mr. Stevens — Cumberland. A letter from the committee of Albany, dated the 17th inst. relative to disaffected persons in that county, was read, and follows, to wit : " Gent. — Since our last of the 8th instant, wherein we have in some measure pointed out our intricate situation, we are under the necessity to offer our farther thoughts on the present perplexing times, since the aforesaid represen- tation. We have our jails crowded in such a manner as not to admit of any additional prisoners being sent to us, though conscious that the numbers who have engaged in this county in direct opposition to our cause, we judge to be nearly one-half in some districts, and in others not so much. It is true Convention have passed a resolve of the first instant for certain crimes therein mentioned, but as the greatest number now confined in jail we conceive do not directly come under that resolve, therefore beg your speedy advice how to proceed with persons who have taken an oath of secrecy not to divulge the matters entrusted to them ; but by several who have confessed, we learn that they engage to remain neutral until the arrival of the enemy in our county, at which time, if requested by the enemy, they have engaged to take up arms against us to preserve their estates. The promoters or heads we conceive come under the aforesaid resolve, but those chiefs we have not as yet been able to apprehend. JOURNAL OF THE PROVINCIAL CONVENTION. 891 " The trouble we are under in guarding the above men- tioned prisoners ; the apprehensions, should any of them escape, might be attended with dangerous consequences, and poison the minds of others who are wavering in their principles, induces us to request that some method may be pointed out by the Convention how we are to proceed with those who do not come under your last resolve ; for it has already been observed that if the Convention and commit- tees grant any further indulgence in suffering them to goat large, our friends do not scruple to say, that they had bet- ter give up the cause, than to be daily perplexed in reap- prehending disaffected persons who are treated with such great lenity. They also say, that under the aforesaid cir- cumstances, it is more easy and beneficial in being a tory than a whig, because the lories are permitted to remain at ease if they choose it ; whereas our friends are daily called and commanded, under the strictest injunctions, into the field on some alarm or other ; others of our friends have asserted if again commanded to reapprehend such persons as have been before confined for their inimical principles, they will save the committees and Convention the trouble of judging them ; and we assure you as a fact, that should it again happen, blood will be spilt on the occasion. As such proceedings should be guarded against as much as possible, the matters now referred to you call for your im- mediate interposition, and to point out a mode to relieve us from these more than pests to human society. " It is with regret we are to inform you that the late proceedings of Convention appointing commissioners order- ing before them such persons as were therein mentioned, have been attended with bad consequences ; as the persons who have attended from this quarter on the commissioners do not scruple to say, since their return, that the Legisla- ture of the State seem to be timorous to proceed against them, and by their returning in the manner they have done, they have gained, we suppose, a number of proselytes. " We request your serious attention on this important head, and immediate direction how to proceed with those who have heretofore been sent into a neighbouring Slate, and are returned on parole. Some of these are the princi- pals, who have art and cunning to seduce the country ; these are the men we should be absolutely rid of ; these are the emissaries of our open enemies, who are the source of all the present disaffection. For further particulars re- specting the above matters we refer you to the bearers, John Ten Broeckand John Vounglove, Esquires, by whom we expect your answer. " We are, gent, your most humble servt. " By order, (Signed) "JOHN BARCLAY, Chairman. " N. B. It is requested that Mr. Ten Broeck may re- turn to this place as soon as Convention have prepared their answer. His family is in such a situation, that it is with difficulty we have been able to prevail on him to be the bearer hereof. " To the Honble. the Convention of this Slate, at Kingston." Ordered, That the aforesaid letter be committed to Mr. Hobart, Mr. Cuyler, Genl. Scott, Mr. Ten Broeck and Mr. Treadwell. The form of government was then read. Sergeant McKinney, with a guard of Colo. Van Cort- landt's regiment, brought to Convention by order of Gene- ral McDougall, a certain Thomas Hedding, charged with counterfeiting the Continental currency, and that of Massa- chusetts Bay. Ordered, That the keeper of the jail of Ulster county, at Kingston, do receive and keep in close custody Thomas Hedding, charged with counterfeiting Continental currency, until further orders of this Convention or due course of law. Ordered, That Major Tappen and Mr. Cuyler, be a committee to take the examination of the witnesses rela- tive to the charge against the said Hedding ; and that they report the same. The form of government was read. On reading the paragraph, General Scott moved that the word " and" between the words " law of the land" and the words "judgment of his peers" be changed to "or," which was agreed to, and amended accordingly. SUNDAY MORNING, April 20, 1777. The Convention met pursuant to adjournment. Present — Leonard Gansevoort, Esq. Prcst. pro. tern. Major Van Zandt, Mr. Dunscomb, Capt, Rutgers, Mr. Harper, Mr. Bancker, Mr. Beekman, Genl. Scott — New-York. Col. Williams, Major Williams— Charlotte. Mr. Gansevoort, Mr. Abm. Yates, Mr. Adgate, Mr. Bleecker, Mr- Ten Broeck, Col. Livingston — ilbany. Colo. Allison, Mr. Clarke, Mr. Wisner — Orange. Mr. Smith, Mr. Hobart, Mr. Tredwell, Mr. Miller— Suffolk. Judge Graham, Major Lockwood, Colo. Drake, Mr. Morris — West- chester. Mr. Stevens — Cumberland. Major Tappen — Ulster. Mr. Harper— Tryon. Major Landon, Capt. Schenk, Mr. G. Livingston, Mr. R. R. Living- ston — Dutchess. A letter from Hugh Hughes, deputy quarter-master- general, dated the 19lh instant, directed to General Scott, and requesting the use of the farm of Beverly Robinson, Junr. for the Continental service, was read, and committed to General Scott and Colonel Drake. The whole plan of government being read through, Mr. Hobart objected to that part of the second paragraph, which directed bills refused by the council of revision to be returned only to the Senate. After some time spent there- in, Mr. Hobart moved, and was seconded, that after the words " in writing to the Senate" the words " or House of Assembly, in which soever the same shall have originated" be added. That after the words " two-thirds of the" the words "Senators present" be obliterated, and the words " said Senate or House of Assembly" be substituted. That after the words " objections be sent" the words " down to the Assembly" be obliterated, and the words " to the other branch of the Legislature" be substituted. The question being put thereon, the motion was agreed to. Mr. Abraham Yates gave notice that he will to-morrow move to reconsider the fifth paragraph relating to elec- tions by ballot ; that the same be established for ever after the expiration of the present war. On motion of Mr. Tredwell, who was seconded, the word "general," in the end of the second paragraph, be- fore the word "Assembly," was obliterated. On reading the third paragraph, on motion, agreed to. Ordered, That the words "to the Senate," and the words " to the Council," and also the words " to the Se- nate" after the word "returned," be obliterated. On reading the fifth paragraph it was moved and agreed to unanimously, that the Convention will dispense with the rule of a day's notice, in the case of the notice given by Mr. Yates, to reconsider the balloting clause. Thereupon, Mr. Yates, with leave, moved and was se- conded by General Scott and Mr. Tredwell, that the Con- vention reconsider the said fifth paragraph, and assigned his reasons. The question being put thereon, it was car- ried in the affirmative in manner following, viz : For the affirmative. For the negative. New-York, 8 Dutchess, 5 Mr. Rutgers and Mr. Duns- Westchester 4 comb dissenting. — Suffolk,. 4 9 ■Mr. Hobart dissenting. Orange, 3 Charlotte, 2—17 Albany divided. 892 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Yates then moved, and was seconded, for the fol- lowing amendments, to wit: That the words " to the end therefore that a fair experi- ment be made which of those two methods of voting is to be preferred ;" and that that part of the paragraph which begins with the words " And whereas it is possible, &c." as far as the words "respectively shall concur therein," inclu- sive, be obliterated, and the paragraph left as it reads without those parts of the paragraph. Debates arose thereon. After much time spent therein, Mr. R. R. Livingston moved, and was seconded by Mr. Morris, for the previous question, to wit : whether the question on Mr. Yates's motion shall be now put. Debates arose thereon, and the question being put, whe- ther the question on Mr. Yates's motion, shall be now put, it was carried for the previous question, viz : Against the previous question. New-York 8 Mr. Rutgers and Mr. Duns- comb dissenting. Suffolk, 4 Mr. Hobart dissenting. 12 For theprevious question- Dutchess, 5 Westchester, 4 Albany 6 Mr. Abm. Yates and Mr. Adgate dissenting. Orange, 3 18 The previous question being carried, therefore the ques- tion on Mr. Yates's motion could not be put. On motion made, seconded and agreed to, the words " to the same," after the word " objections," were oblite- rated, and the word " thereto " substituted ; and after the word " Senate," the words " or House of Assembly, in whichsoever the same shall have originated ;" and after the words " two-thirds of the Senators present," were oblite- rated, and the words " said Senate or House of Assembly" were substituted. In the latter part of the sentence the words "down to the General Assembly," were obliterated, and the words " to the other branch of the Legislature," were substituted. In the last sentence of the paragraph, the words " to the Senate," after the word " Council," and the words " to the Council," after the word " presented," and the words " to the Senate," after the word " returned," were obliterated. Die Solis, 6 ho. P. M. April 20, 1777. The Convention met pursuant to adjournment. Present — Leonard Gansevoort i Esq- Prest.pro tern. Genl. Scott, Mr. Bancker, Major Van Zandt, Mr. Dunscomb, Mr. Harper, Mr. Beekman, Capt. Rutgers— New-York. Mr. Harper — Tryon. Major Tappen — Ulster. Major Landon, Mr. R. R. Livingston, Capt. Schenck, Mr. G. Living- ston — Dutchess. Mr. Gansevoort, Mr. Ten Broeck, Mr. Cuyler, Mr. Abm. Yates, Mr. Bleecker, Colo. Livingston — Albany. Mr. Wisner, Mr. Clarke, Colo. Allison— Orange. Mr. Smith, Mr Tredwell, Mr. Miller, Mr. Hobart— Suffolk. Mr. Morris, Colo. Drake, Judge Graham, Major Lockwood — West- chester. Colo. Williams, Major Webster — Charlotte. Mr. Stephens — Cumberland. The constitution, or plan of government of this State, as amended, was read throughout, and such amendments as being proposed were unanimously agreed to without de- bate by every member present ; and the general question being put thereon, it was agreed to by every member pre- sent, except Colo. Peter R. Livingston, who desired that his dissent thereto be entered on the minutes. The said constitution, or plan of government, as agreed to, is as follows, viz : " Whereas the many tyranical and oppressive usurpa- tions of the King and Parliament of Great Britain, on the rights and liberties of the people of the American Colonies, had reduced them to the necessity of introducing a govern- ment by Congresses and Committees, as temporary expe- dients, and to exist no longer than the grievances of the people should remain without redress : And whereas the Congress of the Colony of New-York did, on the lliirty- first day of May now last past, resolve as follows, viz : " ' Whereas the present government of this Colony, by Congress and Committees, was instituted while the former government, under the crown of Great Britain, existed in full force, and was established for the sole purpose of op- posing the usurpation of the British Parliament, and was intended to expire on a reconciliation with Great Britain, which, it was then apprehended, would soon take place, but is now considered as remote and uncertain : And whereas many and great inconveniences attend the said mode of government by Congress and Committees, as of necessity, in many instances, legislative, judicial and exe- cutive powers have been vested therein, especially since the dissolution of the former government by the abdication of the late Governor, and the exclusion of this Colony from the protection of the King of Great Britain : " 'And whereas the Continental Congress did resolve as followeth, to wit : " 'Whereas his Britanic Majesty, in conjunction with the Lords and Commons of Great Britain, has, by a late act of Parliament, excluded the inhabitants of these Unit- ed Colonies from the protection of his Crown : And whereas no answers, whatever, to the humble petition of the Colonies for redress of grievances and reconciliation with Great Britain, has been, or is likely to be given ; but the whole force of that Kingdom, aided by foreign merce- naries, is to be exerted for the destruction of the good peo- ple of these Colonies : And whereas, it appears absolute- ly irreconcilable to reason and good conscience, for the people of these Colonies, now to take the oaths and affir- mations necessary for the support of any government un- der the Crown of Great Britain ; and it is necessary that the exercise of every kind of authority under the said Crown should be totally suppressed, and all the powers of government exerted under the authority of the people of the Colonies, for the preservation of internal peace, virtue and good order, as well as for the defence of our lives, liberties and properties, against the hostile invasions, and cruel depredations of our enemies. " 'Resolved, therefore, That it be recommended to the respective Assemblies and Conventions of the United Co- lonies, where no government sufficient to the exigencies of their affairs has been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.' " And whereas, doubts have arisen whether this Con- gress are invested wilh sufficient power and authority to deliberate and determine on so important a subject as the necessity of erecting and constituting a new form of go- vernment and internal police, to the exclusion of all fo- reign jurisdiction, dominion and control, whatever : And whereas it appertains of right solely to the people of this Colony to determine the said doubts ; therefore, " Resolved, That it be recommended to the electors in the several counties in this Colony, by election in the man- ner and form prescribed for the election of the present Congress, either to authorize (in addition to the powers vested in this Congress,) their present deputies, or others in the stead of their present deputies, or either of them, to take into consideration the necessity and propriety of insti- tuting such new government, as in and by the said resolu- tion of the Continental Congress is described and recom- mended. And if the majority of the counties, by their Deputies in Provincial Congress, shall be of opinion that such new government ought to be instituted and establish- ed, then to institute and establish such a government as they shall deem best calculated to secure the rights, liber- ties and happiness of the good people of this Colony ; and to continue in force until a future peace with Great Britain shall tender rhe same unnecessary. And JOURNAL OF THE PROVINCIAL CONVENTION. 893 "'Resolved, That the said elections in the several coun- ties, ought to be had on such day, and at such place or places, as by the committee of each county respectively shall be determined. And it is recommended to the said committees, to fix such early days for the said elections, as that all the deputies to be elected have sufficient time to repair to the city of New- York, by the second Monday in July next ; on which day, all the said deputies ought punctually to give their attendance. "'And whereas the object of the aforegoing resolutions is of the utmost importance to the good people of this Co- lony : " 'Resolved, That it be, and it is hereby earnestly re- commended to the committees, freeholders and other elec- tors in the different counties in this Colony, diligently to carry the same into execution.' "And whereas the good people of the said Colony, in pursuance of the said resolution, and reposing special trust and confidence in the members of this Convention, have appointed, authorized and empowered them for the purposes, and in the manner, and with the powers in and by the said resolve specified, declared and mentioned : " And whereas the Delegates to the United American States in General Congress convened, did, on the fourth day of July, now last past, solemnly publish and declare, in the words following, viz : ' When in the course of human events it becomes ne- cessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal sta- tion to which the laws of nature and of nature's God enti- tle them, a decent respect to the opinions of mankind, re- quires that they should declare the causes which impel them to the separation. ' We hold these truths to be self-evident, that all men are created equal ; that they are endowed by their Creator with certain unalienable rights ; that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abo- lish it, and to institute a new government, laying its foun- dation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes ; and accordingly, all experi- ence has shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abo- lishing the forms to which they are accustomed. But when a long train of abuses and usurpations pursuing in- variably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient suffe- rance of the Colonies ; and such is now the necessity which constrains them to alter their former system of go- vernment. The history of the present King of Great Bri- tain, is a history of repeated injuries and usurpations, all having in direct object, the establishment of an absolute tyranny over these States. To prove this, let facts be sub- mitted to a candid world. ' He has refused his assent to laws the most wholesome and necessary for the public good : ' He has forbidden his Governors to pass laws of imme- diate and pressing importance, unless suspended in their operation till his assent should be obtained : and when so suspended, he has utterly neglected to attend to them : ' He has refused to pass other laws for the accommo- dation of large districts of people, unless those people would relinquish the right of representation in the Legislature ; a right inestimable to them, and formidable to tyrants only: ' He has called together Legislative bodies, at places 224 unusual, uncomfortable and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures : 'He has dissolved Representative Houses repeatedly, for opposing with manly firmness, his invasions on the rights of the people : ' He has refused for a long time after such dissolutions, to cause others to be elected ; whereby the Legislative powers, incapable of annihilation, have returned to the peo- ple at large for their exercise : the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within : ' He has endeavoured to prevent the population of these States ; for that purpose obstructing the laws for naturali- zation of foreigners ; refusing to pass others to encourage their migrations hither, and raising the conditions of new appropriations of lands : ' He has obstructed the administration of justice by re- fusing his assent to laws for establishing judiciary powers : ' He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries : ' He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance : ' He has kept among us, in times of peace, standing ar- mies, without the consent of our Legislatures : ' He has affected to render the military independent of, and superior to, the civil power : ' He has combined with others to subject us to a juris- diction foreign to our Constitution, and unacknowledged by our laws ; giving his assent to their acts of pretended Le- gislation : ' For quartering large bodies of troops among us : ' For protecting them by a mock trial from punishment for any murders which they should commit on the inhabi- tants of these States : ' For cutting off our trade with all parts of the world : ' For imposing taxes on us without our consent : ' For depriving us, in many cases, of the benefit of trial by jury : ' For transporting us beyond seas to be tried for pre- tended offences : ' For abolishing the free system of English laws in a neighbouring Province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies : 'For taking away our charters, abolishing our most va- luable laws, and altering fundamentally the forms of our governments : ' For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever : ' He has abdicated government here, by declaring us out of his protection, and waging war against us : ' He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people : ' He is, at this time, transporting large armies of fo- reign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, . and totally unworthy the head of a civilized nation : ' He has constrained our fellow citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands: ' He has excited domestic insurrections among us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of war- fare is an undistinguished destruction of all ages, sexes and conditions. ( In every stage of these oppressions we have petitioned for redress in the most humble terms : our repeated peti- 894 JOURNAL OF THE PROVINCIAL CONVENTION. tions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. ' Nor have we been wanting in attentions to our British brethem. We have warned them, from time to lime, of attempts by their Legislature to extend an unwarrantable jurisdiction over us ! We have reminded them of the cir- cumstances of our emigration and settlement here ! We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably inter- rupt our connection and correspondence ! They too have been deaf to the voice of justice and of consanguinity. We must, therefore acquiesce in the necessity which denounces our separation, and hold them as we hold the rest of man- kind, enemies in war, in peace, friends. ' We, therefore, the Representatives of the United States of America, in General Congress assembled, appeal- ing to the Supreme ludge of the World, for the rectitude of our intentions, do in the name and by the authority of the good people of these Colonies, solemnly publish and de- clare : That these United Colonies are, and of light ought to be, free and independent States ; that they are absolved from all allegiance to the British Crown, and that all poli- tical connection between them and the State of Great Britain, is, and ought to be, totally dissolved : and that as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish com- merce, and to do all other acts and things which indepen- dent States may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our sacred honour.' "And whereas this Convention having taken this decla- ration into their most serious consideration, did on the ninth day of July last past, unanimously resolve, that the reasons assigned by the Continental Congress for declaring the United Colonies free and independent States, are cogent and conclusive : and that while we lament the cruel ne- cessity which has rendered that measure unavoidable, we approve the same, and will, at the risk of our lives and fortunes, join the other Colonies in supporting it. " By virtue of which several acts, declarations and pro- ceedings mentioned and contained in the aforerecited re- solves or resolutions of the General Congress of the United American States, and of the Congresses or Conventions of this State, all power whatever therein hath reverted to the people thereof, and this Convention hath by their suffrages and free choice been appointed, and among other things, authorized to institute and establish such a government as they shall deem best calculated to secure the rights and liberties of the good people of this State, most conducive of the happiness and safety of their constituents in particular, and of America in general. " I. This Convention, therefore, in the name and by the authority of the good people, of this State, doth ordain, determine and declare, that no authority shall, on any pre- tence whatever, be exercised over the people or members of this State, but such as shall be derived from and granted by them. " II. This Convention doth further, in the name and by the authority of the good people of this State, ordain, de- termine and declare, that the supreme Legislative power, within this State, shall be vested in two separate and distinct bodies of men ; the one to be called the Assembly of the State of New-York ; the other to be called the Senate of the State of New-York ; who together shall form the Legislature, and meet once at least in every year for the despatch of business. " III. And whereas laws inconsistent with the spirit of this constitution or with the public good, may be hastily and unadvisedly passed : "Be it Ordained, That the Governor for the time being, the Chancellor, and the Judges of the Supreme Court, or any two of them, together with the Governor, shall be, and hereby are, constituted a Council to revise all bills about to be passed into laws by the Legislature ; and for that purpose shall assemble themselves from lime to time, when the Legislature shall be convened ; for which never- theless they shall not receive any salary or consideration, under any pretence whatever. And that all bills, which have passed the Senate and Assembly, shall, before they become laws, be presented to the said Council for their revisal and consideration ; and if, upon such revision and consideration, it should appear improper to the said Coun- cil, or a majority of them, that the said bill should become a law of this State, that they return the same, together with their objections thereto in writing, to the Senate, or House of Assembly, in which soever the same shall have originated, who shall enter the objections sent down by the Council, at large on their minutes, and proceed to recon- sider the said bill. But if after such reconsideration two- thirds of the said Senate, or House of Assembly, shall, not- withstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the Legislature, where it shall also be recon- sidered, and if approved by two-thirds of the members pre- sent, it shall be a law. " And in order to prevent any unnecessary delays, " Be it further Ordained, That if any bill shall not be returned by the Council within ten days after it shall have been presented, the same shall be a law, unless the Legis- lature shall, by their adjournment, render a return of the said bill within ten days impracticable ; in which case the bill shall be returned on the first day of the meeting of the Legislature, after the expiration of the said ten days. " IV. That the Assembly shall consist of at least seventy members, to be annually chosen in the several counties in the proportions following, viz : For the city and county of New-York, nine the city and county of Albany, ten the county of Dutchess, seven the county of Westchester, six the county of Ulster, six the county of Suffolk, five the county of Queens, four the county of Orange, four the county of Kings, two the county of Richmond, two the county of Tryon, six the county of Charlotte, four the county of Cumberland, three the county of Gloucester, two. " V. That as soon after the expiration of seven years, subsequent to the termination of the present war, as may be, a census of the electors and inhabitants in this State be taken, under the direction of the Legislature. And if on such census, it shall appear that the number of Repre- sentatives in Assembly, from the said counties, is not just- ly proportioned to the number of electors in the said coun- ties respectively, that the Legislature do adjust and appor- tion the same by that rule. And further, that once in every seven years, after the taking of the said first cen- sus, "a just account of the electors resident in each county shall be taken ; and if it shall thereupon appear that the number of electors in any county, shall have increased or diminished one or more seventieth parts of the whole number of electors, which on the said first census shall be found in this State, the number of Representatives for such county shall be increased or diminished accordingly, that is to say, one Representative for every seventieth part as aforesaid. " VI. And whereas an opinion hath long prevailed, among divers of the good people of this State, that voting at elections by ballot, would tend more to preserve the li- berty and equal freedom of the people, than voting viva voce ; to the end therefore, that a fair experiment be made which of those two methods of voting is to be preferred : " Be it Ordained, That as soon as may be, after the termination of the present war between the United States of America and Great Britain, an act or acts be JOURNAL OF THE PROVINCIAL CONVENTION. 895 passed by the Legislature of this State, for causing all elections, thereafter to be held in this State, for Senators and Representatives in Assembly, to be by ballot, and di- recting the manner in which the same shall be conducted : And whereas it is possible, that after all the care of the Legislature in framing the said act or acts, certain incon- veniences and mischiefs, unforeseen at this day, may be found to attend the said mode of electing by ballot : "It is further Ordained, That if after a full and fair ex- periment shall be made of voting by ballot aforesaid, the same shall be found less conducive to the safety or interest of the Slate than the method of voting viva voce, it shall be lawful and constitutional for the Legislature to abolish the same ; provided two-thirds of the members present in each House respectively shall concur therein ; and further, that during the continuance of the present war, and until the Legislature of this State shall provide for the election of Senators and Representatives in Assembly by ballot, the said elections shall be made viva voce. " VII. That every male inhabitant, of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall, at such election, be entitled to vote for Representatives of the said county in Assembly ; if, du- ring the time aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, with- in the said county, or have rented a tenement therein of the yearly value of forty shillings, and been rated, and ac- tually paid taxes to this State : provided always, that every person who now is a freeman of the city of Albany, or who was made a freeman of the city of New- York, on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities re- spectively, shall be entitled to vote for Representatives in Assembly within his said place of residence. " VIII. That every elector, before he is admitted to vote, shall, if required by the returning officer, or either of the inspectors, take an oath, or if of the people called Qua- kers, an affirmation, of allegiance to the State. " IX. That the Assembly thus constituted, shall choose their own Speaker, be judges of their own members, and enjoy the same privileges, and proceed in doing business in like manner as the Assemblies of the Colony of New- York of right formerly did ; and that a majority of the said members shall, from time to time, constitute a House to proceed upon business. " X. And this Convention doth further, in the name, and by the authority of the good people of this State, ordain, determine and declare, that the Senate of the State of New-York shall consist of twenty-four freeholders, to be chosen out of the body of the freeholders, and that they be chosen by the freeholders of this State, possessed of freeholds of the value of one hundred pounds, over and above all debts charged thereon. "XI. That the members of the Senate be elected for four years, and immediately after the first election, they be di- vided by lot into four classes, six in each class, and num- bered one, two, three and four ; that the seats of the mem- bers of the first class shall be vacated at the expiration of the first year ; the second class the second year ; and so on continually, to the end, that the fourth part of the Senate, as nearly as possible, may be annually chosen. " XII. That the election of Senators shall be after this manner : that so much of this State as is now parcel- led into counties, be divided into four great districts ; the southern district to comprehend the city and county of New- York, Suffolk, Westchester, Kings, Queens and Richmond counties ; the middle district to comprehend the counties of Dutchess, Ulster and Orange ; the western district the city and county of Albany, and Tryon county ; and the eastern district, the counties of Charlotte, Cumberland and Gloucester. That the Senators shall be elected by the freeholders of the said districts, qualified as aforesaid in the proportions following, to wit : in the southern district nine ; in the middle district six ; in the western district six ; and in the eastern district three. " And be it Ordained, That a census shall be taken as soon as may be, after the expiration of seven years from the termination of the present war, under the direction of the Legislature ; and if on such census it shall appear, that the number of Senators is not justly proportioned to the several districts, that the Legislature adjust the propor- tion as near as may be, to the number of freeholders quali- fied as aforesaid in each district. That when the number of electors, within any of the said districts, shall have in- creased one-twenty-fourth part of the whole number of electors, which by the said census, shall be found to be in this State, an additional Senator shall be chosen by the electors of such district. That a majority of the number of Senators to be chosen as aforesaid, shall be necessary to constitute a Senate sufficient to proceed upon business ; and that the Senate shall in like manner with the Assem- bly, be the judges of its own members. "And be it Ordained, That it shall be in the power of the future Legislatures of this State, for the convenience and advantage of the good people thereof, to divide the same into such further and other counties and districts as shall to them appear necessary. " XIII. And this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine and declare, that no member of this State shall be disfranchised or deprived of any of the rights or privi- leges secured to the subjects of this State, by this Consti- tution, unless by the law of the land, or the judgment of his peers. " XIV. That neither the Assembly nor the Senate shall have power to adjourn themselves for any longer time than two days, without the mutual consent of both. "XV. That whenever the Assembly and Senate disagree, a conference shall be held in the presence of both, and be managed by committees to be by them respectively chosen by ballot. That the doors, both of the Senate and Assem- bly shall at all times be kept open to all persons, except when the welfare of the State shall require their debates to be kept secret. And the journals of all their proceedings shall be kept in the manner heretofore accustomed by the General Assembly of the Colony of New- York, and ex- cept such parts as they shall as aforesaid respectively de- termine not to make public, be from day to day (if the bu- siness of the Legislature will permit) published. " XVI. It is nevertheless provided, that the number of Senators shall never exceed one hundred, nor the number of Assembly three hundred ; but that whenever the num- ber of Senators shall amount to one hundred, or of the Assembly to three hundred, then and in such case, the Legislature shall from time to time thereafter, by laws for that purpose, apportion and distribute the said one hundred Senators and three hundred Representatives, among the great districts and counties of this State in proportion to the number of their respective electors ; so that the repre- sentation of the good people of this State, both in the Se- nate and Assembly, shall forever lemain proportionate and adequate. "XVII. And this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine and declare, that the supreme executive powerand authority of this State, shall be vested in a Governor ; and that statedly once in every three years, and as often as the seat of government shall become vacant, a wise and discreet freeholder of this State shall be by ballot elected Governor by the freeholders of this State, qualified as before described to elect senators ; which elections shall be always held at the times and places of choosing Representatives in As- sembly for each respective county, and that the person who hath the greatest number of votes within the said State shall be Governor thereof. " XVIII. That the Governor shall continue in office three 890 JOURNAL OF THE PROVINCIAL CONVENTION. years, and shall by virtue of his office be General and Commander-in-Chief of all the militia, and Admiral of the navy of this State ; that he shall have power to convene the Assembly and Senate on extraordinary occasions ; to pro- rogue them from lime to time, provided such prorogations shall not exceed sixty days in the space of any one year ; and, at his discretion, to grant reprieves and pardons to persons convicted of crime, other than treason or murder, in which he may suspend the execution of the sentence until it shall be reported to the Legislature at their subse- quent meeting ; and they shall either pardon or direct the execution of the criminal, or grant a further reprieve. " XIX. That it shall be the duty of the Governor to in- form the Legislature, at every session, of the condition of the Stale, so far as may respect his department ; to recom- mend such matters to their consideration as shall appear to him to concern its good government, welfare and prospe- rity ; to correspond with the Continental Congress, and other States ; to transact all necessary business with the officers of government, civil and military ; to take care that the laws are faithfully executed, to the best of his abi- lity, and to expedite all such measures as may be resolved upon by the Legislature. " XX. That a Lieutenant-Governor shall at every elec- tion of a Governor, and as often as the Lieutenant-Gover- nor shall die, resign, or be removed from office, be elected in the same manner with the Governor, to continue in office until the next election of a Governor ; and such Lieute- nant-Governor shall, by virtue of his office, be President of the Senate, and, upon an equal division, have a casting voice in their decisions, but not vote on any other occasion. " And in case of the impeachment of the Governor, or his removal from office, death, resignation, or absence from the State, the Lieutenant-Governor shall exercise all the power and authority appertaining to the office of Governor, until another be chosen, or the Governor absent or im- peached, shall return or be acquitted : provided, that when the Governor shall, with the consent of the Legislature, be out of the State, in time of war, at the head of a mili- tary force thereof, he shall still continue in his command of all the military force of this State, both by sea and land. "XXI. That whenever the government shall be admi- nistered by the Lieutenant-Governor, or he shall be unable to attend as President of the Senate, the Senators shall have power to elect one of their own members to the office of President of the Senate, which he shall exercise pro hac vice ; and if during such vacancy of the office of Go- vernor, the Lieutenant-Governor shall be impeached, dis- placed, resign, die, or be absent from the State, the Presi- dent of the Senate shall in like manner as the Lieutenant- Governor administer the government, until others shall be elected by the suffrage of the people at the succeeding election. "XXII. And this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine and declare, that the Treasurer of this State shall be appointed by act of the Legislature, to originate with the Assembly ; provided, that he shall not be elected out of either branch of the Legislature. " XXIII. That all officers, other than those, who by this Constitution are directed to be otherwise appointed, shall be appointed in the manner following, to wit : The Assem- bly shall, once in every year, openly nominate and appoint one of the Senators from each great district, which Sena- tors shall form a Council for the appointment of the said officers, of which the Governor, for the time being, or the Lieutenant-Governor, or the President of the Senate, when they shall respectively administer the government, shall be president, and have a casting voice, but no other vote ; and with the advice and consent of the said Council, shall ap- point all the said officers; and that a majority of the said council be a quorum ; and further, the said Senators shall not be eligible to the said Council for two years succes- sively. " XXIV. That all military officers be appointed during pleasure ; that all commissioned officers, civil and military, be commissioned by the Governor, and that the chancellor, judges of the supreme court, and first judge of the county court, in every county, hold their offices during good beha- viour, or until they shall have respectively attained the age of sixty years. " XXV. That the chancellor and judges of the supreme court shall not at the same time hold any other office, ex- cepting that of Delegate to the General Congress, upon special occasions ; and that the first judges of the county courts in the several counties, shall not at the same time hold any other office, excepting that of Senator or Delegate to the General Congress. But if the chancellor, or either of the said judges, be elected or appointed to any other office, excepting as is before excepted, it shall be at his option in which to serve. "XXVI. That sheriffs and coroners be annually appointed, and that no person shall be capable of holding either of the said offices more than four years successively, nor the she- riff, of holding any other office at the same lime. " XXVII. And be itjurther Ordained, That the register and clerks in chancery be appointed by the chancellor; the clerks of the supreme court by the judges of the said court ; the clerk of the court of probates by the judge of the said court ; and the register and marshal of the court of admiralty, by the judge of the admiralty. The said marshal, registers and clerks to continue in office during the pleasure of those by whom they are to be appointed as aforesaid. " And that ali attorneys, solicitors and counsellors at law, hereafter to be appointed, be appointed by the court, and licensed by the first judge of the court in which they shall respectively plead or practise, and be regulated by the rules and orders of the said courts. " XXVIII. And be it further Ordained, That where, by this Convention, the duration of any office shall not be as- certained, such office shall be construed to be held during the pleasure of the council of appointment : provided that new commissions shall be issued to the judges of the coun- ty courts, (other than to the first judge,) and to justices of the peace, once at least in every three years. " XXIX. That town clerks, supervisors, assessors, constables and collectors, and all other officers heretofore eligible by the people, shall always continue to be so eli- gible, in the manner directed by the present or future acts of the Legislature. " That loan officers, county treasurers and clerks of the supervisors, continue to be appointed in the manner direc- ted by the present or future acts of the Legislature. " XXX. That Delegates to represent this State in the Ge- neral Congress of the United States of America, be annually appointed as follows, to wit : The Senate and Assembly shall each openly nominate as many persons as shall be equal to the whole number of Delegates to be appointed ; after which nomination they shall meet together, and those persons named in both lists shall be Delegates. And out of those persons whose names are not in both lists, one- half shall be chosen by the joint ballot of the Senators and Members of Assembly, so met together as aforesaid. " XXXI. That the style of all laws shall be as follows, to wit : " Be it enacted by the People of the Slate of New- York, represented in Senate and Assembly." And that all writs and other proceedings shall run in the name of " the People of the State of New-York," and be tested in the name of the chancellor, or chief judge of the court from whence they shall issue. " XXXII. And this Convention doth further in the name and by the authority of the good people of this State, or- dain, determine and declare, that a court shall be instituted for the trial of impeachments and correction of errors, un- der the regulations which shall be established by the Le- gislature ; and to consist of the President of the Senate, for the time being, and the Senators, chancellor and judges JOURNAL OF THE PROVINCIAL CONVENTION. 897 of the supreme court, or the major part of them; except that when an impeachment shall be prosecuted against the chancellor, or either of the judges of the supreme court, the person so impeached, shall be suspended from exer- cising his office until his acquittal. And, in like manner, when an appeal from a decree in equity shall be heard, the chancellor shall inform the court of the reasons of his de- cree, but shall not have a voice in the final sentence. And if the cause to be determined shall be brought up by a writ of error on a question of law, on a judgment in the supreme court, the judges of that court shall assign the reasons of such their judgment, but shall not have a voice for its affirmance or reversal. " XXXIII. That the power of impeaching all officers of the State, for mal and corrupt conduct in their respective offices, be vested in the Representatives of the people in Assembly ; but that it shall always be necessary that two- third parts of the members present shall consent to, and agree in, such impeachment. That previous to the trial of every impeachment, the members of the said court shall respectively be sworn, truly and impartially, to try and determine the charge in question according to evidence ; and that no judgment of the said court shall be valid, unless it shall be assented to by two-third parts of the members then present ; nor shall it extend farther than to removal from office, aud disqualification to hold or enjoy any place of honour, trust or profit, under this State. But the party so accused, shall be, nevertheless, liable and subject to in- dictment, trial, judgment and punishment, according to the laws of the land. " XXXIV. And it is further Ordained, That in every trial on impeachment or indictment for crimes or misde- meanors, the party impeached or indicted shall be allowed counsel, as in civil actions. "XXXV. And this Convention doth further, in the name, and bv the authority of the good people of this State, or- dain, determine, and declare, that such parts of the com- mon law of England, and of the statute law of England and Great Britain, and of the acts of the Legislature of the Colony of New-York, as together did form the law of the said Colony on the nineteenth day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this State ; subject to such alterations and provisions as the Legislature of this State shall, from time to time, make concerning the same. That such of the said acts as are temporary, shall expire at the times limited for their duration respectively. " That all such parts of the common law, and all such of the said statutes and acts aforesaid, or parts thereof, as may be construed to establish or maintain any particular deno- mination of Christians or their ministers, or concern the allegiance heretofore yielded to, and the supremacy, sove- reignty, government or prerogatives, claimed or exercised by the King of Great Britain and his predecessors, over the Colony of New-York and its inhabitants, or are repug- nant to this Constitution, be, and they hereby are, abro- gated and rejected. " And this Convention doth further ordain, that the re- solves or resolutions of the Congresses of the Colony of New-York, and of the Convention of the State of New- York, now in force, and not repugnant to the government established by this Constitution, shall be considered as making part of the laws of this State ; subject, neverthe- less, to such alterations and provisions as the Legislature of this State may, from time to time, make concerning the same. " XXXVI. And be it further Ordained, That all grants within this State, made by the King of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void. But that nothing in this Constitu- tion contained, shall be construed to affect any grants of land within this State, made by the authority of the said King or his predecessors, or to annul any charters to bodies 225 politic, by him or them, or any of them, made prior to that day. And that none of the said charters shall be adjudged to be void by reason of any non-user or misuser of any of their respective rights or privileges, between the nine- teenth day of April, in the year of our Lord one thousand seven hundred and seventy-five, and the publication of this Constitution. And further, that all such of the officers de- scribed in the said charters respectively, as by the terms of the said charters were to be appointed by the Governor of the Colony of New-York, with or without the advice and consent of the Council of the said King in the said Colony, shall henceforth be appointed by the Council established by this Constitution for the appointment of officers in this State, until otherwise directed by the Legislature. " XXXVII. And whereas it is of great importance to the safety of this State, that peace and amity with the In- dians within the same, be at all times supported and main- tained : And whereas the frauds too often practised to- wards the said Indians in contracts made for their lands, have in divers instances been productive of dangerous dis- contents and animosities : "Be it Ordained, That no purchases or contracts for the sale of lands made since the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, or which may hereafter be made with or of the said Indians, within the limits of this State, shall be binding on the said Indians, or deemed valid, unless made under the authority and with the consent of the Legislature of this State. " XXXVIII. And whereas we are required by the be- nevolent principles of rational liberty, not only to expel civil tyranny, but also to guard against that spiritual op- pression and intolerance wherewith the bigotry and ambi- tion of weak and wicked priests and princes have scourged mankind : This Convention doth further, in the name and by the authority of the good people of this State, ordain, determine and declare, that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed within this State to all mankind ; provided that the liberty of con- science hereby granted shall not be so construed as to ex- cuse acts of licentiousness or justify practices inconsistent with the peace or safety of this State. " XXXlX. And whereas the ministers of the gospel are by their profession, dedicated to the service of God and the cure of souls, and ought not to be diverted from the great duties of their function : Therefore, no minister of gospel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretence or description what- ever, be eligible to, or capable of holding, any civil or mili- tary office or place within this Slate. " XL. And whereas it is of the utmost importance to the safety of every State, that it should always be in a condition of defence ; and it is the duty of every man who enjoys the protection of society, to be prepared and willing to defend it : This Convention therefore in the name and by the authority of the good people of this State, doth ordain, determine and declare, that the militia of this State at all times hereafter, as well in peace as in war, shall be armed and disciplined and in readiness for service. That all such of the inhabitants of this State, being of the peo- ple called Quakers, as from scruples of conscience may be averse to the bearing of arms, be therefrom excused by the Legislature, and do pay to the State such sums of money in lieu of their personal service, as the same may, in the judgment of the Legislature, be worth ; and that a proper magazine of warlike stores, proportionate to the number of inhabitants, be forever hereafter at the expense of this State ; and by acts of the Legislature, established, main- tained and continued in every county in this State. ; 'XLI. And this Convention doth further ordain deter- mine and declare in the name and by the authority of the good people of this State, that trial by jury in all cases in which it hath heretofore been used in the colony of New- 898 JOURNAL OF THE PROVINCIAL CONVENTION. York, shall be established and remain inviolate forever. And that no acts of attainder shall be passed by the Legis- lature of this State, for crimes other than those committed before the termination of the present war ; and that such acts shall not work a corruption of blood. And further, thai the Legislature of this Slate shall, at no time hereafter, institute any new court or courts but such as shall proceed according to the course of the common law. " XLII. And this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine and declare, that ii shall be in the discretion of the Legislature to naturalize all such persons, and in such manner as they shall think proper, provided all such of the persons so to be by them naturalized, as being born in parts beyond sea, and out of the United States of America, shall come to settle in, and become subjects of this State, shall take an oath of allegiance to this Stale, and abjure and re- nounce all allegiance and subjection to all and every foreign king, prince, potentate and State, in all matters ecclesi- astical as well as civil. " By order, "LEONARD GANSEVOORT, Pres. pro. tern:' Resolved, That Mr. Robert R. Livingston, General Scott, Mr. Morris, Mr. Abraham Yates, Mr. Jay and Mr. Hobart, be a committee to prepare and report a plan for organizing and establishing the government agreed to by this Convention. Ordered, That one of the Secretaries proceed to Fish- kill and direct five hundred copies of this Constitution to be printed without the preamble and with the above reso- lution added thereto, and that he have 2,500 copies with the preamble printed, and without the said resolution. Ordered, That the Secretary be authorized to give gra- tuities to the printer and his workmen, at his discretion, to obtain despatch, and that the printer be directed to lay aside all other business. Resolved, That the Constitution of this State be pub- lished at the Court House, at eleven of the clock on next Tuesday morning. Ordered, That the chairman of the committee of Kings- ton be furnished with a copy of the above resolution, and that he be requested to notify the inhabitants of Kingston thereof. MONDAY MORNING, Aprils, 1777. The Convention met pursuant to adjournment. Present — Colonel Van Cortlandt, Vice-President. Major Van Zandt, Mr. Beekman, Capt. Rutgers— New-York. Mr. Harper, Mr. Newkerk — Tryon. Col. Williams, Major Webster— Charlotte. Mr. Cuyler, Mr. Ten Broeck, Colo. Livingston, Mr. Bleecker, Mr. Gansevoort, Mr. Abraham Yates — Albany. Mr. Clarke, Colo. Allison — Orange. Mr. Smith, Mr. TredweU, Mr. Hobart— Suffolk. Col. Van Cortlandt, Col. Drake, Judge Graham, Major Lockwood — Westchester. Mr. Cantine, Major Tappen — Ulster. Capt. Schenk, Major Landon, Mr. G. Livingston — Dutchess. A petition from the committee of Claverack, and the field officers of Kinderhook militia, praying that a company of rangers may be raised to quell the disaffected persons, and protect the well affected inhabitants in that quarter, was read. Ordered, That the said petition be referred to Colo. Livingston, Mr. Bleecker, and Col. Allison. Mr. Ten Broeck, at the request of the committee of Albany, informed the House, that there are a great many vacancies in the militia officers in the said county, and re- quests that one hundred blank commissions may be sent to them to be filled up. Ordered, That the Secretary send one hundred blank commissions, signed by the President and attested, to the committee of Albany. Mr. Tappen, from the committee appointed to examine Thomas Hedding, charged with counterfeiting Continental money, reported the examinations of Daniel Williams and Benjamin Lyons, and the deposition of Esther Crawford, together with the counterfeited bills found upon him. Ordered, That the said depositions and bills be lodged with the Secretary. Mr. Isaac Sheldon, one of the commissioners appointed to dispose of the personal property of persons gone over to the enemy, attending, informed the House that the pro- perty of sundry persons gone lo the enemy, is claimed by persons who produce bills of sale for the same, and re- quests the direction of Convention thereon. Ordered, That Mr. Sheldon's application be referred to Mr. G. Livingston, Capt. Schenk, Judge Graham, Mr. R. R. Livingston and Mr. Morris. Monday Afternoon, April 21, 1777. The Convention met pursuant to adjournment. Present — Col. Van Cortlandt, Vice-President. Mr. Van Cortlandt, Mr. Harper, Mr. Bancker, General Scott. Mr. Dunscomb — New- York. Mr. W. Harper, Mr. Newkerk — Tryon. Colo. De Witt, Major Tappen, Mr. Cantine— Ulster. Mr. Abm. Yates, Mr. Bleecker, Mr. Cuyler, Mr. Ten Broeck, Colo. Livingston, Mr. Gansevoort — Mbany. Mr. G- Livingston — Dutchess. Col. Williams, Major Webster — Charlotte. Mr. Smith, Mr. Tredwell, Mr. Hobart— Suffolk. Judge Graham, Colo. Drake, Mr Lockwood — Westchester. Mr. Stevens — Cumberland. Colo. Allison, Mr. Clarke— Orange. A letter from Philip Swartwout, chairman of Mamacot- ting precinct, with the evidence of John Lasley against Abraham Smith, charged with being concerned in a con- spiracy, and who is now brought to this place under guard, was read. Ordered, That the said Abraham Smith be committed to the jail at Kingston, until he be discharged by order of Convention or due course of law. The committee to whom was referred the letter from the general committee of the county of Albany, dated the 17th instant, delivered in their report, which was read, amended and approved of, and is as follows, viz : Resolved. That the resolutions of this Convention of the first day of April, instant, empowering courts martial to try persons as spies from the enemy, or for enlisting men in their service, or furnishing supplies or intelligence to them be, and hereby are, extended to all such persons as have been or shall be taken up as offenders against the resolu- tions of this Convention, passed the 16th day of July last, describing what crimes are treason against this State, and continue in force until the first day of July next, unless sooner repealed. Resolved, That certified copies of the foregoing, to- gether with those referred to above, be sent to the com- mittee of Albany, and to Brigadier-Generals McDougall, George Clinton, Ten Broeck and Herkimer. Resolved, That the foregoing resolve, and the other re- solutions therein mentioned, be printed together in 500 handbills, and in the public newspapers, and distributed through the different counties of this State. Resolved., That it be, and it hereby is, recommended to the general committee and the respective sub-committees of the county of Albany, and all other county and sub-com- mittees in this State, to use their utmost endeavors to ap- prehend, secure, and otherwise, according to their discre- tion, dispose of all such persons as they shall conceive to be inimical or dangerous to this State, until the farther or- der of this Convention or future legislature of this State. JOURNAL OF THE PROVINCIAL CONVENTION. 899 allowing the parties hereby affected the right of appeal from any sub-committee to the general cemmittee. Resolved, That some large and convenient place or pla- ces of security for confining under guard all such persons whose going at large will probably be dangerous to this Slate, be provided ; and that Colonel De Witt, General Scott, Mr. Zeph. Piatt, Mr. R. R. Livingston, and Mr. Wil- liam Harper, be a committee to prepare and report a plan for that purpose, without delay. General Scott, to whom was referred the letter from Hugh Hughes, deputy quarter-master-general, relative to the farm of Beverly Robinson, Junior, reported as fol- lows, to wit : That they are of opinion that, as a very con- siderable lodgment of stores in the quarter-master's depart- ment is formed at Morrison's mills, in Fredericksburgh, in the county of Dutchess, to and from which there will be much carriage, a proper farm in its vicinity, for supporting the cat- tle that may from time to time be employed in that depart- ment of service, will be absolutely necessary ; and that the farm lately in the occupation of Beverly Robinson, Junr. will be very convenient for that purpose. It is therefore the opinion of your committee that the commissioners of sequestration in the county of Dutchess be directed to lease the said farm for one year to the said deputy quarter-mas- ter-general, at such rent as they shall think proper, not- withstanding any treaty for the same that may have been in agitation between the said commissioners and any in- dividual person, for the use or occupation of the said farm. Resolved, That this Convention doth agree with their committee in their said report. The committee to whom was committed the petition of the committee of Claverack, and the field officers of the Kinderhook militia, delivered in their report, which was read, and the consideration thereof postponed till to-morrow. The committee to whom was referred the petition of Mrs. Penuel Grant, reported the following resolution, which was agreed to, to wit : " Whereas Mrs. Penuel Grant has, by her petition of the 4th instant, requested leave to remove with her family and effects to New-York : And whereas General Delan- cey has lately, upon application to him made for that purpose, refused the like permission to Colonel BirdsalPs wife, now on Long island, therefore "Resolved, That the prayer of the said petition be re- jected." The committee to whom was committed the letter from John Dumont, Esquire, reported the examination of Isaac Low, which was read. Ordered, That the said Isaac Low be committed to the jail of Kingston, and that the said committee transmit a copy of the said examination to the committee of Albany. TUESDAY MORNING, April 22, 1777. The Convention met pursuant to adjournment. Present — Col. Van Cortlandt, rice-President. Col. Lott, Capt Rutgers, Col. Brasher, Major Van Zandt, Mr. Van Cortlandt, Mr. Harper — New-York. Mr. Harper — Tryon. Mr. Smith, Mr. Tredwell— Suffolk. Capt. Schenk, Mr. G. Livingston, Major Land™ — Dutchess. Mr. Adgate, Mr. Cuyler, Col. Livingston, Mr. Gansevoort, Mr. Bleecker, Mr. Abraham Yates — -Albany. Major Tappen, Mr. Contine, Mr. Ray — Ulster. Judge Graham, Major Lockwood, Colo. Drake — Westchester. Mr. Clarke, Col. Allison, Mr. Wisner — Orange. Colo. Williams, Major Webster — Charlotte. Mr. Stevens — Cumberland. A letter from John Henry, commissary of clothing store, dated the 20th instant, was read, and commmitted to Mr. Robert Harper and Mr. Dunscomb. A letter from Colo. Dubois, enclosing a return of his regiment, was read and filed. WEDNESDAY MORNING, April 23, 1777. The Convention met pursuant to adjournment. Present — Colonel Van Cortlandt, Vice-President. t Mr. Bancker, Colonel Lott, Major Van Zandt, Colo. Brasher, Capt. Rutgers, Mr. Jno. Van Cortlandt, Mr. Dunscomb, Mr. Harper, General Scott— New-York. Mr. Harper, Mr. Newkirk — Tryon. Major Lockwood, Colo. Van Cortlandt, Judge Graham, Mr. Morris, Colo. Drake — -Westchester. Mr. Abraham Yates, Colo. Livingston, Mr. Adgate, Mr. Bleecker» Mr. Gansevoort — Albany. Colo. Allison, Mr. Wisner, Mr. Clarke— Orange. Mr. Rea, Major Tappen — Ulster. Mr. Stevens — Cumberland. Mr. Smith, Mr. Hobart, Mr. Miller, Mr. Tredwell— Suffolk. Capt. Schenk, Mr. Landon, Mr. R. R. Livingston — Dutchess. Colo. Williams, Major Webster — Charlotte. A letter from General George Clinton, dated the 22nd inst. relative to the militia by him ordered out to the forts and passes in the Highlands, was read. Ordered, That the same be committed to Mr. Hobart, Mr. John Van Cortlandt and Colonel Lott. A letter from the Honourable John Hancock, President, &c. enclosing sundry resolutions of Congress, the dates and subjects whereof, are as follows, to wit : "April the 1st, 2nd, 9th and 10th — For the better regu- lating the pay of the army. "April the 7th — For the better regulating and establish- ing the hospitals. "April 4th and 10th — Respecting the muster-master's department. "April the 14th — A recommendation to the executive powers of each State to enquire into the conduct of all officers on the recruiting service, and for exempting those of the militia who provide a man, in the Continental ser- vice. "April 14 — For repealing sundry articles of the Conti- nental articles of war, and substituting others in their stead. "A letter from the Honourable William Duer, Esq. at Congress, dated the 17th instant, enclosing an extract of a letter from Colonel Lewis to General Schuyler, and a copy of a letter from Colonel Wayne at Ticonderoga, to Gene- ral Schuyler, dated the 2nd instant, both relative to the weak state of that fortress." The aforegoing letters and enclosures were all read, and committed to Mr. Hobart, Mr. Robert R. Livingston and Colonel Livingston. A letter from Colo. Hamilton to the committee of cor- respondence, was read. Ordered, That the Treasurer of this State advance to Governeur Morris, Esq. the sum of four hundred pounds, on account of the hempseed purchased by order of Con- vention. Ordered, That Colonel Brasher and Mr. Wisner, be a committee to superintend the removal of hempseed pur- chased on account of this State, to the places specified in the resolution of the day of last. A letter from Colo. Henry B. Livingston, informing the House that the Auditor-General will not accept of the re- ceipts by him taken from the different recruiting officers of his regiment, for the moneys by him advanced to them, as sufficient vouchers for the expenditure of the money ad- vanced, and by him received out of the Treasury of this State for the recruiting service, was read. Ordered, That the consideration thereof be postponed until Mr. Sands, the Auditor-General, be consulted. 900 JOURNAL OF THE PROVINCIAL CONVENTION. Colonel Livingston, from the committee to whom the petition from the committee of Claverack, and the field officers of Kinderhook district was committed, delivered in the report of the said committee for raising a company to range the woods, and for protecting the inhabitants in the county of Albany. The same being read, and taken into consideration, de- bates arose, and the question being put thereon, was car- ried in the negative, in manner following, to wit : Negative. Welchester, 4 Ulster, 4 Orange, 3 New-York, 8 Affirmative. Albany, 6 Dutchess, 5 Suffolk, 4 Charlotte, 2 19 17 The petition of Elizabeth Bend, relative to some perso- nal property, taken in possession by the commissioners for sequestration, and claimed by her, was read and referred to the committee, on Capt. Sheldon's application. A letter from Gloriana Stevenson, requesting the use of the farm of one Osborn, who is gone over to the enemy, was read and committed to Colo. Brasher, Judge Graham, and Mr. Tredwell, and to whom all the like applications will be referred. Colonel Lott informed the House that Mr. Henry Van Vleck has, at New-London or some port near that, a quan- tity of salt, which he wishes to sell for the use of the in- habitants of this State. Thereupon, Resolved, That Colonel Lott and Colonel Drake be a committee, with power to purchase one thousand bushels of salt on account of this State ; and that they cause the same to be conveyed to some place of safety therein. The Convention were informed that the persons employ- ed by the committee in Westchester county, for the pur- pose of removing the forage which was exposed to the enemy in that county, have not been paid for their servi- ces, whereby great uneasiness hath arisen ; and it being suggested that all the accounts are in the hands of Mr. Duer, Ordered, That the President write to Mr. Duer, re- questing him to put the accounts in such a situation that another person may settle them ; and that he send them to Convention by express. The committee to whom was referred the petition of Abel Noble and Peter Townsend, together with the letter from Hugh Hughs, deputy quarter-master-general, deli- vered in their report, which was read, amended and agreed to, and is as follows, to wit : " Whereas, from the petition of Abel Noble and Peter Townsend, it appears to this Convention that large con- tracts have been made with the Sterling iron works, for iron and steel for the use of the Continental army, and that the same cannot be supplied so well from any other iron works ; and that the said works of iron and steel at Sterling cannot be carried on unless an exemption from military duty be granted to a certain number of persons employed therein. Therefore, " Resolved, That the said Abel Noble and Peter Town- send be empowered to grant exemptions for six months to such persons as are actually employed in, and necessary to carry on, the said works ; provided that the same shall not exceed one hundred men. " Resolved, That no man shall be considered as an ex- empt, unless his name shall be filed with the Brigadier- General of the counties of Ulster and Orange, and a cer- tificate be obtained from and signed by him, containing the name and description of the person so exempted, and the regiment to which he belonged, if, previous to such ex- emption, he had been enrolled in any regiment of the mi- litia of this State. " And whereas it is reasonable, that those who are freed from the military duty which they owe to this State, should pay some compensation therefor : Therefore, " Resolved, That every person claiming the benefit of an exemption under the above resolution, shall pay to the Brigadier-General with whom his name is filed, the sum of sixty shillings, to be accounted for with the Treasurer of this State : And whereas it has been suggested that the influence of disaffected overseers at iron works over the persons under their direction, has been productive of much mischief to the State : " Resolved, That the proprietors of the Sterling iron works shall derive no benefits from the above resolution until the overseers and clerks of the said works shall have been approved of by, and taken an oath or affirmation of allegiance to this State, before the chairman of the com- mittee of the county of Orange." THURSDAY MORNING, April 24, 1777. The Convention met pursuant to adjournment. Pkesent— Colo. Van Cortlandt, Vice-President. Capt. Rutgers, Mr. Bancker, Colo. Lott, Mr. John Van Cortlandt, Mr. Dunscomb, Colo. Brasher, Major Van Zanit— New-York. Mr. Harper — Tryon. Mr. Cantine, Major Tappen, Mr. Rea— Ulster. Mr. Abraham Yates, Mr. Cuyler, Mr. Bleecker, Colo. Livingston, Mr. Adgate, Mr. Gansevoort — ilbany. Mr. Joshua Smith, Mr. Wisner, Colo. Allison — Orange. Judge Graham, Colo. Drake, Colo. Van Cortlandt, Major Lockwood, Mr. Morris — Westchester. Mr. Smith, Mr. Miller, Mr. Hobart— Suffolk. Mr. R. R. Livingston, Mr. Gilbert Livingston, Capt. John Schenk — Dutchess. Colo. Williams, Major Webster — Charlotte. Mr. Stevens — Cumberland. A letter from Jacob Hornbeck, Esquire, chairman of the committee of Rochester, dated the 6th instant, enclos- ing the copies of a speech from the said committee to all the Esopus Indians and their chiefs, and Mightagh the sachem, and the answer from the Indians thereto, were respectively read and filed. The House was informed that Abraham Lott, Esquire, late Treasurer of the Colony of New-York, is attending, pursuant to an order some time since passed for that pur- pose. Ordered, That Mr. Cuyler, Colo. Livingston, and Judge Graham, be a committee to confer with Mr. Lott, and re- port thereon to the House. Ordered, That the Treasurer of this State pay unto Colonel Robert Van Rensselaer and John Sloss Hobart, Esquire, or either of them, the sum of one hundred and twenty-three pounds two shillings and six pence for the ex- penses attending their journey to and from York Town, in Pennsylvania, and while there, on the public business as a committee of this Convention to meet the committees from the middle States, pursuant to the recommendation of the Honourable the General Congress. Major Lockwood being in a bad state' of health, has leave of absence. Mr. Hobart having been long absent from his family, who are exposed to the ravages of the enemy, has leave of absence. Resolved, That Messrs. Anthony Rutgers and Christo- pher Tappen, a committee appointed by this Convention for purchasing hemp, or either of them be empowered to draw out of the treasury of this State any sums, not ex- ceeding in the whole four thousand pounds ; and that they be accountable for the expenditure thereof : And further, that they be empowered to allow such commission (not ex- ceeding three per cent) as they may think reasonable, to whom they may employ in making such purchases as aforesaid. Resolved, That no unwrought hemp or hempen yarn be transported from this State without the express permission of the executive power thereof, under the penalty of £5 JOURNAL OF THE PROVINCIAL CONVENTION. 901 for every 100 wt. so transported, to be recovered in any court of record within this State. Ordered, That the last mentioned resolve be published in the newspaper for three weeks successively. Ordered, That the committee appointed to cause the hempseed to be transported to the places mentioned in the resolutions of the day of be empowered to fur- nish William Seely, of Orange county with eighty bushels thereof ; and that they cause that quantity to be left for him at New- Windsor Landing. Ordered, That the Treasurer of this State advance to Governeur Morris, Esq. the sum of four hundred pounds on account, to enable him to pay for a parcel of hemp- seed by him ordered to be purchased pursuant to a reso- lution of this House. Resolved, That Major Lawrence and Capt. Rutgers, be a committee to confer with Colonel Robert Livingston on the subject of making field cannon out of wrought iron ; and that the committee of correspondence be directed to write to Colonel Hamilton for his opinion on the usefulness of such artillery. The committee to whom was referred the letter from Brigadier-General George Clinton, delivered in their re- port, and thereupon, the House came to the following reso- lutions, to wit : Whereas it appears that a great part of the militia of Dutchess county have neglected to obey the orders of General Clinton, issued in consequence of a resolve of this House for calling out a part of the miliiia of the coun- ties of Ulster, Orange and Dutchess, to garrison the forts and guard the passes in the Highlands. Resolved, That Major Lawrence and Mr. Zephaniah Plait be, and they are hereby appointed a committee to re- pair forthwith into Dutchess county, to inquire into the rea- sons of such neglect ; that they use their utmost endeavours to convince the people of the necessity of exerting them- selves at this critical juncture ; and that they make" report to this Convention with all convenient despatch, in order that the most effectual measures may be taken to induce a compliance with the said resolve. Resolved, That General Clinton be, and he hereby is empowered to make such dispositions with respect to the officers of the militia under his command as he shall judge most advancive of the public service ; and where any ex- tra expense shall accrue in consequence of this resolve which cannot be considered as a Continental charge, this Convention will pay the same. An account of the expenses attending a guard of six men, employed by the committee of Kingston, over a par- cel of Continental powder and stores, brought to this place from Philadelphia, to be forwarded to Albany, was present- ed for payment. Ordered, That the said account be referred to the Au- ditor-General, who is directed to examine and audit the same, or so much thereof as to him may appear to be rea- sonable for payment; and that the same be charged to Con- tinental account. Adjourned till afternoon. Thursday Afternoon, April 24, 1777. The Convention met pursuant to adjournment. Present — Colo. Van Cortlandt, Vice-President. Col. Lott, Capt. Rutgers, Mr. Dunscomb, Mr. Harper, Major Van Zandt, Mr. John Van Cortlandt — New-York. Mr. Gansevoort, Mr. Abraham Yates, Mr. Adgate, Mr. Cuyler, Col. Livingston, Mr. Bleecker — Albany. Mr. Wisner, Mr. Jos. Smith, Colo. Allison — Orange. Mr. Stevens — Cumberland. Mr. Harper — Tryon. Colo. Williams, Major Webster— Charlotte. Mr. Hobart, Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Colo. Van Cortlandt, Colo. Drake — Westchester. Mr. Rea, Mr. Cantine, Major Tappen — Ulster. Major Landon, Capt. John Schenk, Mr. R. R. Livingston, Mr. G. Livingston— Dutchess. 226 Mr. John Van Cortlandt requested leave of absence to return to his family, who, with effects, are veiy much ex- posed to the enemy. Granted. Colonel Allison presented to the House an account, wherein he charges the Convention, in sundry sums, to the amount of £7 10s. Ad. by him advanced to persons as ex- presses on the public service, while he was stationed with the militia in Bergen county, and gives credit to the amount of £32 7s. 3d. for wheat, &c. belonging to disaffected persons, subjects of this State then in New- York, which leaves a balance of £24 15s. lid. in favour of the State. Ordered, That the Auditor-General of this State be di- rected to examine and audit Colonel Allison's account, and that the balance be paid into the Treasury of this State. Ordered, That the Treasurer of this State pay to John Dumont, Esquire, the sum of £37 14s. Od. for sundry ex- presses to Head-Quarters, by order of the committee of correspondence, as certified by Colonel Allison, chairman ; also the further sum of £3 12s. Od. for the expense of sup- porting Ann Anderson, a necessitous person from New- York, by order of the committee for providing for the indi- gent inhabitants who fled from the city of New-York, as also certified by Colonel Allison, chairman of said com- mittee. Ordered, That the Treasurer of this State pay unto Henry Wisner, Esquire, the sum of three pounds, to re- imburse him for so much paid an express to the different furnaces in New-Jersey, for the purpose of procuring can- non ball for the forts in the Highlands. Ordered, That the Auditor-General of this State be di- rected to audit Colonel Henry B. Livingston's account of moneys to him advanced by this State, on account of bounty for his regiment ; that he receive the receipts of- fered by Colonel Livingston, (and which he hath taken from the different officers of his regiment, to whom he hath paid the same,) as vouchers, and that he give the Colonel a discharge for so much as he shall account for as afore- said. Ordered, That Mr. Tredwell, Mr. Abraham Yates and Colonel Allison, be a committee to prepare and report a plan for the support of such inhabitants of this State as have been, or may be driven from their habitations by the enemy, and are unable to maintain themselves. Ordered, That Mr. Gilbert Livingston be appointed on the committee to confer with Colonel Livingston relative to iron field pieces, in the stead of Major Lawrence. Resolved, That Colonel Allison and Colonel Hathorne be appointed to receive from General George Clinton, the hogshead of tea now in his possession, taken at Hacken- sack new bridge some lime in January last, by a party of the said Colonel's regiments of miliiia in General Clinton's brigade, and that they deal out one pound of the said tea to each of the officers and privates of the said regiments, who were, or had been, in actual service before the taking of the said tea, and did not desert the said service, or have not heretofore had a share of the said tea, they paying at the rate of six shillings per pound for the same. The committee appointed to confer with Mr. Lott, the late Treasurer, requested ihe sense of the House as to what time Mr. Lott should charge his salary as Treasurer ; thereupon it was agreed that Mr. Lott be allowed his sa- lary to the seventeenth day of September last. The said committee brought into Convention a parcel of counterparts of five shilling bills, emitted by order of the Lieutenant-Governor, Council and General Assembly of the Colony of New- York, on 31st May, 1709, delivered to them by Mr. Lott, with a request to know what shall be done therewith. Ordered, That they be burnt in the presence of the Vice-President. A letter from General McDougall, dated yesterday, re- lative to calling out the militia to reinforce the forts and passes in the Highlands, and of several of the enemy's ships being at or about Fort Washington, was read and 1)02 JOURNAL OF THE PROVINCIAL CONVENTION. committed to Mr. Landon, Mr. Cansevoort and Mr. Wil- liam Smith. In the said letter were enclosed the proceedings of a ge- neral court martial, held at Peekskill, lor the trial of seve- ral persons, to wit : John Williams, charged with holding a treacherous correspondence with the enemy, and enlist- ing men in their service ; Job Babcock, charged with the like crimes ; Anthony Hill, charged with the like crimes, and Thomas Barker, charged with repairing to the enemy's standard, writing to others to do the like, pointing out the houses of the good people of this State, desiring the enemy to burn them, and for other treacherous correspondence with the enemy. The three former are sentenced to be hanged, and the latter is acquitted. Also an account of seven pipes of wine in the possession of Thomas Kenney, Esquire, the property of Mr. Hamilton Young, of New- York, which, according to the said account, were apprais- ed and sold for £486, York money, was also read and filed. Ordered, That Mr. Kenney do pay the said sum of £486 to Gerard Bancker, Esquire, Vice-Treasurer of this State, to be deposited in the Treasury of this State. Ordered, That the consideration of the proceedings of the court martial be postponed till to-morrow. FRIDAY MORNING, April 25, 1777. The Convention met pursuant to adjournment. Present — Colonel Van Corllandt, Vice-President. Major Van Zandt, Mr. Van Corllandt, Mr. Harper, Colo. Lott, Mr. Bancker, Mr. Dunscomb, Mr. Beekman, Genl. Scolt, Col. Brasher — New-York. Mr. Harper — Tryon. Colo. Williams, Major Webster— Charlotte. Mr.Adgate, Mr. Abrm. Yates, Mr. Bleecker — Albany. Mr. Jos. Smith, Colo. Allison — Orange. Mr. Hobart, Mr. Smith, Mr. Miller, Mr. Tredwell— Suffolk. Colo. Drake, Major Lockwood, Colo. Van Cortlandt, Mr. Morris— Westchester. Mr. Stevens — Cumberland. Mr. Ilea, Mr. Cantine, Colo. De Witt— Ulster. Mr. Landon, Mr. G. Livingston, Mr. R. R. Livingston — Dutchess. A letter from the Honourable Francis Lewis, dated the , acknowledging the resolution of Convention, directing him to attend Convention ; that he will attend as soon as possible ; and enclosing a receipt from Capt. Sa- muel Tudor for ten thousand dollars, for defraying the ex- penses incident to the frigates at Esopus, to be delivered to Convention, were respectively read, and the considera- tion thereof postponed. A letter from the Reverend Doctor Rogers, dated the 19th instant, Philadelphia, acknowledging the receipt of the resolution appointing him chaplain to the Convention, and that he will wait on Convention as soon as possible, was read. A letter from Comfort Sands, Esquire, Auditor-General, dated this day, enclosing a receipt from the Vice-Treasurer, in the words following : " I do acknowledge to have received from Mr. Comfort Sands, pay rolls, and other accounts of moneys paid by him to the militia of the counties of Dutchess and West- chester, pursuant to a late order of Convention, to the amount of eight thousand eight hundred and five pounds eighteen shillings and five pence halfpenny. "GERARD BANCKER. " Kingston, April 23, 1777." Mr. Sands informs that the balance of the order for ten thousand pounds, which he received for the purposes men- tioned in the said receipt, he has repaid into the treasury ; that he is now going into Orange county, to settle with the mi- litia there, and requests that Mr. Bancker may be directed to go with him, and pay such accounts as he may audit, and assist him in the settlement of those accounts ; otherwise, that he be furnished with a new order for £5,000, to pay the militia in Orange county. Ordered, That Mr. Sands be empowered to employ a clerk to assist him in the settlement of those accounts, as Mr. Bancker's presence from this place cannot possibly be dispensed with. Ordered, That the Treasurer of this State advance to Comfort Sands, Esquire, the sum of £5,000, to enable him to pay off the militia in Orange county. Mr. Sands further informed the House that it is now just nine months since his appointment to the office of Auditor- General, and requests an order on the Treasurer for the payment of his salary. Ordered, That the Treasurer pay to Comfort Sands, Esquire, the sum of £225, for nine months' pay of his salary, to this day. Resolved, That Mr. Sands be directed to audit the ac- count of Captain Vail's company, and give him an order for so much money as is justly due for the time that the company were in actual service. The petition of Robert Richardson, a discharged soldier of Colonel H. B. Livingston's regiment, praying for main- tenance, was read, and referred to Colonel Williams and Major Webster. Friday Afternoon, April 25, 1777. The Convention met pursuant to adjournment. Present — Colo. Van Cortlandt, Vice-President. Colo. Lott, Colo. Brasher, Mr. Jno. Van Cortlandt, Mr. Bancker, Mr. Dunscomb, Capt. Rutgers, Mr. Harper — New-York. Mr. Harper, Mr. Newkerk — Tryon. Mr. Miller, Mr. Tredwell, Mr. Smith— Suffolk. Mr. Adgate, Mr. Abraham Yates, Mr. Cuyler, Mr. Gansevoort, Mr. Bleecker — Albany. Mr. Landon, Capt. Schenk, Mr. G. Livingston — Dutchess. Major Tappen, Colo. De Wilt, Mr. Rea— Ulster. Mr. Wisner, Mr. Josa. Smith — Orange. Col. Williams, Major Webster— Charlotte. Colo. Van Cortlandt, Judge Graham, Colo. Drake — Westchester. An account of Charles Giles, keeper of the jail in King- ston, for dieting sundry disaffected persons confined in the said jail, was read, and committed to Major Tappen and Mr. Ray. Mr. Adgate, chairman of the committee appointed to make assays in the discovery of lead, sulphur and flints, reported the proceedings of said committee. The same were read and the consideration thereof postponed. The committee to whom were referred the letters from the Honourable John Hancock, and William Dner, Esquire, together with the enclosures, reported a set of resolutions. Those directing the committee of arrangement to report a list of the officers by them commissioned, and directing the colonels to make returns of their respective regiments, as also the draft of a letter to the Honourable William Duer, in answer to his of the instant, were respectively agreed to, and ordered to be transmitted. The residue of the said report, respecting the classing the ex- empts from the militia, for the purpose of furnishing recruits for the Continental regiments raising in this State, was postponed for further consideration. SATURDAY MORNING, April 26, 1777. The Convention met pursuant to adjournment. Present — Colonel Van Cortlandt, Vice-Presidt. Mr. Dunscomb, Mr. Bancker, Major Van Zandt, Colo. Lott, Mr. Harper, Mr. Beekman — New-York. Mr. Harper, Mr. Newkerk— Tryon. Colo. Williams, Mr. Webster— Charlotte. Mr. Adgate, Mr. Abm. Yates, Mr. Bleecker, Mr. Gansevoort— Al- bany. JOURNAL OF THE PROVINCIAL CONVENTION. 903 Colo. Allison, Mr. Josa. Smith— Orange. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Colo. Drake, Colo. Van Cortlandt, Judge Graham— Westchetter. Mr. Stevens — Cumberland. Mr. Rea — Ulster. Mr. Landon, Capt. Schenk — Dutchess. A letter from William Bedlow, dated at New-Windsor, the 17th instant, was read, and is in the following words, to wit : "New-Windsor, April 23, 1777. " Sir — By order of Brigadier-General George Clinton, I have sent up Captain Samuel Clark, to the Honourable Convention of this State, requesting the further supply of two thousand pounds for the use of the works carrying on here, to obstruct the navigation of Hudson's river at Polle- pel's island. " I am, with respect, sir, " Your humble servt. "WILLIAM BEDLOW. '• To Pierre Van Cortlandt, Esquire, President of the Honble. Convention of the State of New-York." Thereupon, Ordered, That the Treasurer of this State advance to Capt. William Bedlow the further sum of two thousand pounds, for the use of the works carrying on to obstruct the navigation in Hudson's river near PollopePs island ; that the said sum be delivered to Capt. Clark, taking his receipt to convey the same to Mr. Bedlow. A letter from the chairman of the committee of Kingston, requesting an advance of £100, to defray the expense of the night watch over the State prisoners and public records, was read. And thereupon, Ordered, That the Treasurer of this State advance to John Dumont, Esquire, chairman of the committee of Kingston, the sum of £100, to defray the expense of the night watch over the State prisoners and the public records, and take his receipt to account for the expenditure thereof. A letter from Major-General Gates, dated at Albany, April 25th, acknowledging the receipt of the packages from Congress, and forwarded to him by Convention by an express, was read and filed. The committee to whom was referred the petition of Robert Richardson, reported. And thereupon, Ordered, That the Treasurer of this State pay to Robert Richardson, an infirm, discharged soldier of the Continen- tal army, the sum of ten dollars, to enable him to go to Rhode island, in order to obtain a certificate of his having been disabled in the seivice, and thereby be entitled to the pension. Adjourned till afternoon. Saturday Afternoon, April 26, 1777. The Convention met pursuant to adjournment. Present — Colo. Pierre Van Cortlandt, Vice-President. Genl. Scott, Mr. Bancker, Colo. Lott, Major Van Zandt, Mr. Harper, Colonel Brasher — New-York. Mr. Harper, Mr. Newkerk — Tryon. Mr. Rea— Ulster. Mr. Gansevoort, Mr. Cuyler, Mr. Abm. Yates, Mr. Bleecker— Al- bany. Mr. Josa. H. Smith, Colo. Allison — Orange. Judge Graham, Colo. Van Cortlandt, Colo. Drake— Westchester. Mr. Smith, Mr. Miller— Suffolk. Capt. Schenk, Mr. Landon — Dutchess. Colo. Williams, Mr. Webster— Charlotte. Mr. Stevens — Cumberland. Mr. Frederick Jay, a member of the committee of Rum- bout precinct, attending, with an account in gross of the said committee, for sundry expenses accrued in providing for the indigent persons of New- York, whereby there ap- pears to be a balance due to the said committee of £58 (is. Mr. Jay further informs that there are sundry accounts against the said committee of the same nature, and there- fore on behalf of the said committee requests an advance of a further sum. Thereupon, Ordered, That the Treasurer of this State advance to Mr. Frederick Jay, for the use of the said committee, the further sum of one hundred pounds, towards the provision for such of the indigent persons of New-York as were com- mitted to their care ; and that the said committee render a particular account, with proper vouchers, of the expendi- ture of this, as well as the sums heretofore advanced them for the same purpose. MONDAY MORNING, April 28, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Mr. Harper, Colo. Lott. Major Van Zandt, Mr. Dunscomb, Colo. Brasher, Mr. Bancker — New-York. Mr. Harper — Tryon. Judge Graham — Westchester. Genl. Ten Broeck, Mr. Adgate, Mr. Gansevoort, Mr. Bleecker, Mr. Cuyler, Mr. Abrm. Yates — Albany. Mr. Josa. H. Smith, Colo. Allison — Orange. Colo. Williams, Major Webster — Charlotte. Mr. Smith, Mr. Tredwell. Mr. Miller— Suffolk. Major Landon — Dutchess. Mr. Stevens — Cumberland. Mr. Rea, Major Parks, Colo. De Witt— Ulster. A letter from Brigadier-General George Clinton, dated the 26th instant, enclosing the following papers, to wit : Copy of a letter from General Washington, dated the 23rd inst. to General McDougall, informing him of the supposed intended movements of the enemy. Also copies of two letters from General McDougall to General Clinton, the one dated the 21st, and the other the 23rd instant, informing of the enemy's ships being at Fort Washington, together with a return of the strength of the garrison of Fort Montgomery. The said letter and enclosures were read and filed. Judge Graham presented to the House a letter he had just received from his brother, Colo. Morris Graham, in Dutchess county, informing of a party of the enemy's troops having landed in the Sound, and marched to Danbury ; and that they have destroyed the Continental magazine of stores there. Colonel Graham desires the direction of the House whether he must march with the drafts to the forts and passes in the Highlands, agreeable to General Clinton's orders, or whether he should march with the militia towards Danbury ? The same being taken into consideration, Resolved, That Judge Graham inform his brother, the colonel, that it is the sense of Convention that he ought to march to the Highlands, agreeably to General Clinton's orders. A letter from Governor Trumbull dated the 16th instant, demanding a return of cannon lent to this State, by the State of Connecticut, was read, and committed to Mr. Robert R. Livingston, Mr. Jay and Major Tappen. Resolved, That Colonel Curtenius be empowered and directed to purchase and procure for the use of the troops raising in this State, 3,600 canteens, 3,600 knapsacks and 3,600 overalls. The President informed the House, that Colonel Van Schaick requests leather breeches and overalls for the men of his regiment. Ordered, That Colonel Van Schaick be informed that there are leather breeches at this place, and frocks and overalls in store at Fishkill; and that if he sends his quarter-master to this place and Fishkill, the number of those articles required for his regiment will be delivered him. The petition of Elizabeth Wiggins, praying that she may retain the personal property of her husband, who is gone 901 JOURNAL OF THE PROVINCIAL CONVENTION. over to the enemy, and which is seized by the commis- sioners, was read, and taken into consideration. Debates arose, and the question being put, whether the prayer thereof be granted, it was carried in the negative. Adjourned till afternoon. Monday Afternoon, April 28, 1777. The Convention met pursuant to adjournment. Present — General Ten Broeck, President. Colo. Lott, Mr. Dunscomb, Mr. Bancker, Mr. Harper, Colo. Brasher, Major Van Zandt, General Scott — New-York. Mr. Josa. H. Smith, Colo. Allison — Orange. Mr. Abm. Yates, Mr. Bleecker, Mr. Adgate, Mr. Cuyler, Mr. Gan- sevoort — Albany. Mr. Harper — Tryon. Mr. Smith, Mr. Miller, Mr. Tredwell— Suffolk. Major Landon — Dutchess. Colo. Williams, Major Webster — Charlotte. Colo. De Witt, Major Parks, Mr. Rea— Ulster. Judge Graham, Mr. Tompkins — Westchester. Mr. Stevens — Cumberland. The House taking into consideration the absolute neces- sity of raising a body of men to guard the Continental ships at Esopus Landing, and the public records and treasury of this State, against the designs of disaffected persons, as well as to guard the different passes and roads frequented by those persons, for the purpose of conveying intelligence and going over to the enemy. Thereupon, Resolved, That a body of men be raised for the above purpose. Debates arose as to the number of men necessary to be raised. General Scott moved, and was seconded, that the num- ber of men to be raised, be 200. Debates arose, and the question being put, it was carried in the affirmative in manner following, to wit : For the affirmative. For the negative. Albany, 6 Charlotte, 2 New-York, 8 Ulster, 4 Suffolk, 4 Orange divided. 22 Ordered, That Mr. Abm. Yates, Colonel De Witt and General Scott, be a committee to report an arrangement for the raising of the said 200 men, where, and in what manner they ought to be posted. The committee appointed to confer with Abraham Lott, Esquire, late Treasurer, reported the conference had with him, which was read. Ordered, That the same be committed to the same com- mittee, with the addition of Mr. Tredwell. Resolved, That Mrs. Clopper, the wife of Cornelius Clopper, with her daughter, be permitted to remove from Kingston to, and reside at Poughkeepsie, in Dutchess county, and take with them such of their servants and effects as shall be approved by the commissioners of Ulster county for disposing of the personal property of persons gone to the enemy. The depositions of Ebenezer St. John and Andrew Ayres, taken before the committee of New-Marlborough precinct, against Samuel Townsend, a dangerous and dis- affected person brought to this place by Lieutenant Potter, by order of the said commissioners, were read, and there- upon, Ordered, That the said Samuel Townsend be commit- ted to the jail of Kingston, until he be discharged by order of the executive power of this State ; and Ordered, That the Treasurer of this State pay to Na- thaniel Potter, the sum of twenty-eight shillings for his expense and trouble in apprehending and conveying to this place, Samel Townsend, charged with notorious disaffec- tion to the American cause. Adjourned. FRIDAY MORNING, April 29, 1777. The Convention met pursuant to adjournment. Present — General Ten Broeck, President. Mr. Dunscomb, Mr. Bancker, Major Van Zandt, Mr. Harper, Colo. Brasher, Colo. Lott, Genl. Scott— New- York. Mr. Harper, Mr. Newkerk — Tryon. Colo. Drake, Mr. Tompkins, Judge Graham — Westchester. Genl. Ten Broeck, Mr. Gansevoort, Mr. Cuyler, Mr. Abm. Yates, Mr. Bleecker, Mr. Adgate— Albany. Mr. Clarke, Colo. Allison, Mr. Josa. H. Smith— Orange. Mr. Stevens — Cumberland. Mr. Tredwell, Mr. Miller, Mr. Smith— Suffolk. Major Landon — Dutchess. Colo. Williams, Mr. Webster — Charlotte. Colo. De Witt, Major Parks— Ulster. A letter from Egbert Benson and Melancton Smith, com- missioners, &c. at Poughkeepsie, with the intelligence re- lative to the enemy's being at Danbury, and of their having destroyed the stores, &c. was read and filed. The committee appointed to report a plan for the sup- port of the indigent inhabitants, delivered in their report, which was read and recommitted with the addition of Colo- nel Brasher. The House proceeded to the consideration of the pro- ceedings of the general court martial, held at Peekskill, on the 13th and 18th days of April instant, for the trial of John Williams and others. The same were read through- out. The said proceedings of the said court martial as far as relates to the trial of John Williams, charged with holding a treacherous correspondence with the enemy, and enlist- ing men in their service, and who is found guilty, and by the said court martial sentenced to be hanged by the neck till he is dead, were again read. The same being taken into consideration, and the ques- tion put, whether the sentence of the said court martial against the said John Williams, ought to be confirmed, it was carried in the affirmative ; and thereupon, Resolved, That this Convention do approve the sentence of the said court martial, and that the same be, and is here- by confirmed. The said proceedings of the said court martial, as far as relates to the trial of Job Babcock, charged with holding a treacherous correspondence with the enemy, and with having enlisted in their service, and who is found guilty, and sentenced by the said court martial to be hanged by the neck till he is dead, were again read. The same being taken into consideration, and the ques- tion put, whether the sentence of the said court martial, against rfie said Job Babcock ought to be confirmed, it was carried in the affirmative ; and thereupon, Resolved, That this Convention do approve the sentence of the said court martial, and that the same be, and hereby is confirmed. And whereas this Convention think it their duty in some cases, by extending mercy to mitigate the rigor of justice, and it appearing to this Convention that the said Job Babcock, though justly sentenced, is a person of a weak mind, and has probably been seduced by John Williams, who appears to have been his recruiting officer : It is therefore Resolved, That the President do issue a pardon to the said Job Babcock, in the name and by the authority of this Convention, of the crime whereof he has been convicted as aforesaid : And that it be, and it is hereby recommended to Brigadier-General McDougall or other the commanding officer at Peekskill, to whom such pardon shall be remit- ted, to keep the same a secret until the prisoner shall have been brought to the place of execution, and until the other prisoner or prisoners to be led out to execution with him, shall have been executed. JOURNAL OF THE PROVINCIAL CONVENTION. 905 The said proceedings of the said court martial, as far as relates to the trial of Anthony Hill, charged with holding a treacherous correspondence with the enemy, and being employed by them for the purpose of enlisting men into their service, and who is found guilty and sentenced by the said court martial to be hanged by the neck till he is dead, was again read, and the same being taken into considera- tion, the question was put, whether the sentence of the said court rriartial against the said Anthony Hill ought to be confirmed, it was carried in the affirmative : And there- upon, Resolved, That this Convention do approve the sentence of the said court martial, and that the same be, and hereby is confirmed. Ordered, That Mr. Adgate and Mr. Bleecker be a com- mittee to audit Colonel Floyd's account for his attendance in the General Congress. Adjourned till afternoon. Tuesday Afternoon, April 29, 1777. The Convention met pursuant to adjournment. Present — General Ten Broeck, President. Mr. Dunscomb, Mr. Bancker, Genl. Scott, Colo. Lott, Mr. Harper, Colo. Brasher — New-York. Mr. Harper, Mr. Newkerk — Tryon. Colo. De Witt, Major Parks— Ulster. Genl. Ten Broeck, Mr. Gansevoort, Mr. Cuyler, Mr. Abm. Yates, Mr. Bleecker, Colo. Livingston, Mr. Adgate — Albany. Colo. Williams, Major Webster — Charlotte. Judge Graham, Colo. Drake, Mr. Tompkins, Mr. Morris — West- chester. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Major Landon, Mr. R. R. Livingston — Dutchess. Mr. Clarke, Mr. Josa. Smith — Orange. Mr. Stevens — Cumberland. A draft of the pardon directed this morning to be made out and signed by the President, for Job Babcock, who is sentenced by the general court martial to be hanged, was read, and approved. Ordered, That the same be signed by the President, and attested by the Secretary, and transmitted to General McDougall. The committee appointed to prepare a set of resolutions for raising 200 men in Ulster county, pursuant to the re- solution of yesterday, delivered in the same, which were read, amended, and agreed to, and are in the words fol- lowing, to wit : "Resolved, That one hundred and ninety-eight able bodied men, well armed, and accoutred with a good mus- ket or fusee, a sword or tomahawk, a powder horn and bul- let pouch or cartouch box, be raised, to serve in the coun- ty of Ulster, to be divided into three companies, each com- pany to consist of one captain, two lieutenants, four ser- geants, four corporals, one fife or drum, and fifty-four pri- vates ; to continue in service until the 15th day of July next, unless sooner discharged by this Convention, the Committee of Safety, or future executive power of this State, to be subject to the order and direction of this Con- vention, the Committee of Safety, or future executive power of this State ; and also to be subject to the Conti- nental rules and articles of war. That they be entitled to Continental pay ; and that the captains be allowed, each, eighteen shillings per week ; the lieutenants, each, 15s. per week, in lieu of rations; and lhat the sergeants, cor- porals, fifers, dntmmers and privates, be allowed, each, twelve shillings per week, or Continental rations. "Resolved, That the captains shall not be entitled to re- ceive any pay or subsistence, until they produce a muster roll and certificate that he hath actually enlisted 29 men, to wit : two sergeants, two corporals, one fifer or drummer, and 24 privates, armed and accoutred as aforesaid : that in like manner, the lieutenants shall not be entitled to receive any pay or subsistence until they produce a muster roll and certificate of their having actually enlisted 18 men, to 227 wit : one sergeant, one corporal and sixteen privates, re- spectively. That the said three companies be deemed one corps. That Evert Bogardus be captain ; Edward Schoon- rnaker 1st lieutenant, and Cornelius Dubois 2nd lieutenant of one company. That Isaac Belknap be captain, Roosa 1st lieutenant, Abraham Schoonmaker 2nd lieute- nant, of one other company. And that Frederick Schoon- maker be captain, Zacharias Hasbrouck 1st lieutenant, and John C. De Witt 2nd lieutenant of the other company. That the said officers hold rank with respect to each other as they heretofore did. WEDNESDAY MORNING, April 30, 1777. The Convention met pursuant to adjournment. Present — General Ten Broeck, President. Colo. Lott, Colo. Brasher, Mr. Harper, Major Van Zandt, Mr. Bancker, Mr. Dunscomb, Mr. Beekman, General Scott — New-York. Mr. Harper, Mr. Newkerk — Tryon. Genl. Ten Broeck, Mr. Adgate, Mr. Bleecker, Mr. Cuyler, Mr. Abm. Yates, Mr. Gansevoort, Colo. Livingston — Albany. Mr. Josa. H. Smith, Mr. Clarke— Orangi. Judge Graham, Colo. Drake, Mr. Tompkins, Mr. Morris — West- chester. Mr. Smith. Mr. Tredwell, Mr. Miller— Suffolk. Major Landon, Mr. R. R. Livingston — Dutchess. Colo. Williams, Major Webster — Charlotte. Colo. De Witt, Major Parks, Major Tappen — Ulster. A letter from Colonel Hazen, dated at Albany, the 24th instant, relative to Capt. Hamtramck, of Colonel Du- bois's regiment, was read and filed. Ordered, That a copy thereof be sent to Colonel Du- bois, and that he be requesled to communicate the same to Capt. Hamtramck, of his regiment. A letter from Colonel Morgan Lewis, deputy quarter- master-general, dated at Albany, the 28th instant, request- ing some junk from on board a brigantine at Esopus Land- ing, was read, and committed to Colonel Lott and Mr. Newkerk. A letter from David Gelston, Esquire, enclosing a re- ceipt signed by John Ruddock, D. C. artillery, at Fish- kill, dated the 26th April instant, for ten barrels of pow- der of 190vvt. each, belonging to this State, and which was sent from Saybrook, by Mr. Gelston, by order of Conven- tion, was read. Ordered, That the said letter and receipt be filed with the Auditor-General, and that the said powder be charged to the Continent. The petition of Samuel Townsend, confined in King- ston jail for notorious disaffection, was read. The petition of Benjamin Darby and eleven others, con- fined in the same jail, was read. Ordered, That both the petitions be referred to Mr. Tredwell, Mr. Landon and Mr. Wisner. The committee to whom was referred the account of Colonel Floyd for his attendance at the General Congress, delivered in their report, which was read and agreed to ; and thereupon Ordered, That the Treasurer of this State pay unto Colo. William Floyd, the sum of one hundred and thirty- five dollars in full, for the balance due him for his attend- ance at the General Congress as a Delegate for this State, up to this day. The report of the committee for making discoveries and assays on lead, sulphur, flints and salt, was received and read. Ordered, That the same be committed to Mr. Morris, Mr. Robert R. Livingston and Mr. Adgate. Adjourned till afternoon. Wednesday Afternoon, April 30, 1777. The Convention met pursuant to adjournment. Present— Brigadier-Genl. Ten Broeck. Prest. 906 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Beekman, Mr. Bancker Major Van Zandt, Mr. Harper, Colo. Brasher, Colo. Lott, Mr. Dunscoinb, General Scott— New-York. Mr. Clarke, Mr. Josa. H. Smith — Orange. Mr. Stevens — Cumberland. Genl. Ten Broeck, Mr. Gansevoort, Mr. Abm. Yates, Mr. Adgate, Mr. Cuyler, Mr. Bleecker, Colo. Livingston— Albany. Mr. Harper, Mr. Newkerk— Tryon. Colo. De Witt, Major Parks, Major Tappen— Ulster. Mr. Smith, Mr. Miller, Mr. Tredwell— Suffolk. Major Landon, Mr. R. R. Livingston — Dutchess. Maj. Webster, Colo. Williams — Charlotte. Judge Graham, Mr. Tompkins, Colo. Drake, Mr. Morris — West- chester. A letter from Jacob Hasbrouck, chairman of Marble- town committee, accompanying Corns. Sammons, who was apprehended as a very suspicious character and sent under guard to be dealt with by Convention. Ordered, That he be brought up and examined. He being brought up, was examined, and says " that he knows Jacob Rosa, Jacob Midagh, Andries Keiser, negro of Gyzbert Rosa, John Rapelja, John Van Vliet, Silvester Vandermerken, Hendricus Crispell, William McGinnis, Cornelius Totlear, Hinpagh, William Tush, Junr. John Stokes, William Kelder, Jacobus Senigh, Thomas Crispell, Merkell, son of William, Longjaar, three from Schoharie, Frederick Keyser ; that he was with those persons on his way with them to New-York ; that he es- caped from them ; that he was taken prisoner by them, carried near Major Colden's, and then escaped with one Helder, a boy ; that they took him near Jacob Seely's, at Marble Town ; that his brother was gone before him ; that Capt. Schoonmaker called him out to delect tories ; that being apprehensive that his brother was among them, he could not bear to go, lest he might be obliged to fire upon his brother, or his brother upon him ; that he then stepped on one side in the woods, where he met with Jacobus Rosa and the other persons, who took him and obliged him to go with them ; that there were 36 men together with Rosa ; that three of them were from Schoharie, who he did not know ; that in crossing the kill, Jacobus took a man pri- soner who was placed there as a guard, and obliged him to take an oath that he would not inform against them, and then let him go. Being asked why those persons went off to the enemy, he answered, that they thought the govern- ment of New-York could be easily conquered, for that the tories themselves could conquer it ; that they got liquor when in the swamp near Colden's ; that a man who he did not know brought it ; that he knows not from whence ; that he was a well set man and an Englishman ; that the , swamp they lay in is about 1^ miles from the widow Gra- ham's ; that the man who brought the liquor came to them twice ; that he wore a short jacket ; that the first time he came only to see them, and brought the rum the second time ; that he has not heard Rosa say any thing about his future intentions, except that the regulars would be up soon by land and water, and that as so many deserted from here, they would not have much fighting ; that they would come by land by the way of Goshen; that he expected they would be up by the beginning or middle of May ; that Rosa sup- posed a part of the army would stay in Jersey to oblige General Washington to stay there, and while the rest of the army came up this way." Ordered, That he withdraw. Being withdrawn, Resolved, That the said Cornelius Sammons be pardon- ed for the offence wherewith he stands charged, and that he be called up and informed thereof from the chair, and that the oath of allegiance be tendered to him ; but that previous thereto he be informed that he is not to lake it unless he chooses to do it voluntarily and means honestly to perform it. The said Cornelius Sammons being called up again, was informed that in consequence of his open confession, Con- vention have resolved lo pardon him. The oath of allegi- ance being then tendered to him in manner as above direct- ed, he readily and voluntarily consented to take the same. The same was accordingly administered to him, and he was thereupon discharged. Ordered, That a copy of the said examination be trans- mitted lo General George Clinton. The House proceeded to the consideration of the report of the committee of the plan for organizing the form of government ; the same was read. The preamble and first resolution being again read, and the question put thereon, was agreed to. Resolved, That the filling up the blank in the said reso- lution be postponed for the present. The further consideration of the said report of the com- mittee was postponed till to-morrow morning. A letter from our Delegates in General Congress, to wit, Messrs. Phil. Livingston, Duane and Duer, dated Philadel- phia, April 21, enclosing a copy of the letter from Thomas Young, dated the 11th and 12th of April, 1777, directed to the inhabitants of Vermont, a free and independent State, bounding on the River Connecticut and Lake Cham- plain, were read and filed. A letter signed by his Excellency General Washington, and directed to Congress, came enclosed in the said letter from our Delegates by mistake. Ordered, That the President read the said letter, and if it should appear to be on a subject of a secret nature and importance, that he immediately enclose it in a sealed cover and deliver it to the committee of correspondence, who are directed to transmit the same by the first safe conveyance to our Delegates in General Congress. A letter from Egbert Benson and Melancton Smith, dated at Poughkeepsie, April 28, informing that their guards are destitute of ammunition, and requesting that 300lbs. of powder and a proportionate quantity of lead may be or- dered for their use, was read. Ordered, That the commissary of the military stores belonging to this State, at Fishkill, deliver to the order of the commissioners for detecting conspiracies, &c. 300lbs. of gunpowder and a proportionate quantity of lead. A letter from Elias Boudinot, dated Morristown, April 17, informing of his being appointed a Commissary-Gene- ral of prisoners in the army of the United States of Ame- rica, and requesting that all accounts of expenses and disbursements (as well those that have already been paid, as those which are yet due) made by this State, in favour of such prisoners, with proper vouchers, together with the return of such prisoners as are at present in this State, with the particular places where they are confined, their rank, &c. be immediately transmitted to him, was read. Ordered., That the said letter be delivered to the com- missary of prisoners of war in this State. A letter from William Williams, dated county of Cum- berland, State of New- York, Wilmington, Apl. 18, 1777, was read and filed. THURSDAY MORNING, May 1, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Genl. Scott, Colo. Lott, Capt. Rutgers, Mr. Dunscomb, Mr. Harper, Mr. Beekman, Major Van Zandt, Mr. Bancker, Colo. Brasher — New- York. Mr. Stevens — Cumberland. Major Tappen, Major Parks, Colo. De Witt— Ulster. General Ten Broeck, Mr. Adgate, Mr. Abm. Yates, Mr. Cuyler, Mr- Gansevoort, Mr. Bleecker, Colo. Livingston — Albany. Mr. Wisner, Mr. Clarke, Mr. Josa. Smith— Orange. Mr. Morris, Judge Graham, Colo. Drake — Westchester. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Mr. R. R. Livingston, Major Landon, Mr. G. Livingston— Dutchess. Mr. Harper, Mr. Newkirk— Tryon. Colo. Williams, Major Webster— Charlotte. The representation and memorial of the committee of Orange county, relative to the militia in the said county, JOURNAL OF THE PROVINCIAL CONVENTION. 907 was read and committed to General Scott, Mr. Abm. Yates, Colo. De Witt, Mr. Wisner and Mr. Tompkins. The petition of Jona. Hasbrouck, Thomas Palmer and twelve others, freeholders, inhabitants and principal friends to liberty in the precinct of Newburgh, relative to the families of such persons as are gone over to the enemy, and whose personal property is about to be sold by the commissioners, and which families will in all probability be a precinct charge, was read. Resolved, That the poor families of those who are gone over to the enemy, and whose estates have been or shall be sold by the commissioners appointed to dispose of the personal property of persons gone over to the enemy, shall not be suffered to be the particular burthen of the precinct in which they may have happened to live ; and that Mr. Abm. Yates, Judge Graham and General Scott be a committee to draw up regulations for the making pro- per provision for such poor. A letter from Henry Schenk, and a petition of John H. Sleght, relative to a house at the Landing, the possession of which a person refused to deliver up, were read. Ordered, That Mr. Sleght be informed that Convention can not interfere, it being a matter of law. The House proceeded to the consideration of the report of the committee for organizing the form of government. That part of the said report which appoints a chancel- lor was then read. Debates arose, and the question being put thereon, it was carried in the affirmative. The clause for the appointment of a chief justice was read and agreed to. The clause for the appointment of three puisne judges was read and agreed to. The clause for the appointment of an attorney-general was read and agreed to. The clause for the appointment of first judge and infe- rior judges of the quorum, sheriff and clerk for the county of Albany, was also read and agreed to. The question was then put, whether similar officers shall be appointed in all the other counties not in the power of the enemy, and carried in the affirmative. Thursday Afternoon, May 1, 1777. The Convention met pursuant to adjournment. Present— General Ten Broeck, President. Mr. Bancker, Mr. Dunscomb, Mr. Harper, Colo. Lott, Genl- Scott, Major Van Zandt, Mr. Bleecker— Xeto-York. Mr. Harper, Mr. Newkerk — Tryon. Mr. Tappen, Major Parks, Mr. Cantine— Ulster. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Cuyler, Mr. Adgate, Colo. Livingston, Mr. Gansevoort, Mr. Bleecker— Albany. Mr. Clarke, Mr- Josa. Smith, Mr. Wisner— Orange. Major Lawrence— Queens. Mr. G. Livingston, Mr. Robt. R. Livingston, Capt. Zeph. Piatt— Dutchess. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Colo. Drake, Mr. Tompkins, Judge Graham, Mr. Morris— West- chester. Colo. Williams, Major Webster— Charlotte. Mr. Stevens— Cumberland. Resolved, That the exemption granted to the workmen employed in the Sterling iron works, be extended to nine months from this day, on their registering their names in manner as directed by resolution passed the twenty-third day of April last ; and that their names be registered with the colonel of the district in which the work lies, instead of the brigadier-general of the county ; which colonel is empowered to do all that was directed by the said resolu- tions to be done by the said brigadier-general, and to ac- count in like manner for all money he shall receive. DIE VENERIS, 9 ho. a. m. May 2, 1777. The Convention met pursuant to adjournment. Present— Genl. Abraham Ten Broeck, Prest. Mr. Bancker, Colo. Brasher, Mr. Dunscomb, Capt. Rutgers, Mr. Har- per, Colo. Lott — New-York. Major Lawrence — Queens. Mr. Wm. Harper, Mr. Newkerk— Tryon. Mr. Stevens — Cumberland. Genl. Ten Broeck, Mr. Cuyler, Mr. Gansevoort, Mr. Bleecker, Mr. Abm. Yates, Colo. Livingston, Mr. Adgate— Albany. Mr. Jos. H. Smith, Mr. Clarke -Orange. Mr. Morris, Judge Graham, Colo. Drake, Mr. Tompkins — West- chester. Mr. Miller, Mr. Smith, Mr. Tredwell— Suffolk. Mr. Gilbt. Livingston, Mr. Zephaniah Piatt, Mr. R. R. Livingston, -Major Landon — Dutchess. Colo. Williams, Major Webster— Charlotte. Major Tappen, Mr. Cantine, Major Parks — Ulster. A letter from Egbert Benson and Melancton Smith, commissioners, &c. dated yesterday, informing of the ene- my's having landed at Horse Neck ; and that the said com- missioners have written to Colo. Swartout, advising him to call out the militia, was read. Ordered, That the President answer the letter by in- forming the gentlemen, commissioners, that the House approve of their conduct in advising Colonel Swartout to call out the militia, and requesting them to employ riders, and communicate the earliest intelligence they may receive of the movements of the enemy, to Convention. A letter from Brigadier-General Bayley, dated at New- bury, April 22, 1777, was read and filed. General Bay- ley, among other things, by desire of the committee of Gloucester county, recommends that Colonel Peter Olcott, Colonel Jacob Kent and Major Israel Smith, be appointed commissioners for disposing of the personal property of persons gone over to the enemy. Ordered, That the said letter be referred to Mr. Morris and Mr. Gilbert Livingston, to report thereon. And, Resolved, That Colonel Peter Olcott, Col. Jacob Kent and Major Israel Smith, be and are hereby appointed com- missioners to take into their custody the effects of such persons of Gloucester county as are gone over to the enemy, and that the said commissioners be vested with the like powers and authority, and under the like regulations, as the commissioners appointed in other counties in this State, by the resolutions of this Convention, made and passed on the 6th and 21st days of March last. A letter, without date, from Brigadier-General Jacob Bayley, James Clay and John Sessions, Esquires, com- missioners appointed to settle with and pay the rangers in Cumberland and Gloucester counties, enclosing the pay and subsistence rolls, and sundry other papers relative thereto, were read, and committed to Mr. Piatt, Mr. Ad- gate and Colonel Brasher. Ordered, That the Treasurer of this State pay unto Mr. John H. Sleght the sum of four pounds fourteen shillings, in full for his account for storing goods in his house, by order of the late clothing committee. Mr. Morris delivered in the report of the committee for ways and means, for encouraging the manufacturing of lead, gun flints, sulphur and salt. Ordered, That the said report lie on the table, to be taken up as soon as possible. Ordered, That Mr. Cantine and Major Tappen be a committee to examine one Davis, relative to a conspiracy at Rochester and Shandaken. 908 JOURNAL OF THE PROVINCIAL CONVENTION. Friday Afternoon, May 2, 1777. The Convention met pursuant to adjournment. Phesent — General Ten Broeck, President. Genl. Scotl, Colo. Brasher, Mr. Bancker, Mr. Dunscomb, Major Van Zundt, Colo. Lott, Mr. Beekman, Mr. Harper — New-York. Mr. Wisner, Mr. Josa. Smith, Mr. Clarke — Orange. Col. De Witt, Major Parks. Major Tappen— Ulster. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Bleecker, Mr. Cuyler, Mr. Adgate, Mr. Gansevoort, Colo. Livingston — Albany. Mr. Newkerk, Mr. Harper — Tryon. Major Lawrence — Queens. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Capt. Piatt, Colo. Humphrey, Major Landon, Mr. G. Livingston, Mr. R. It. Livingston — Dutchess. Mr. Stevens — Cumberland. Colo. Williams, Major Webster — Charlotte. Colo. Drake, Judge Graham, Mr. Tompkins, Mr. Morris — West- chester. Resolved, That Johannes Martin, who is confined in the jail at Kingston, be discharged. Whereas a number of artful and designing persons, in every county within this State, are daily endeavouring, by exaggerating accounts of the power of the enemy, and other wicked and criminal practices, to work upon the fears of weak and timid persons, and to betray the liberty of this country : Therefore, Resolved, That a committee be appointed to prepare any two or more of the vessels, now lying in Hudson's river, for the reception of such persons as may be sent thereto, and that Captains Benson and Castle, or either of them, be directed to see the said vessels properly guarded by the privateers, of which they have the command ; and that they suffer no person to go on board the said vessels who is not properly authorized thereto. Resolved, That the commissioners for detecting and de- feating conspiracies, &c. be directed to cause to be appre- hended such of the persons in each county whose charac- ters are suspicious, and who, by their influence in the county in which they reside, may be supposed dangerous to this State, and send them on board of the said vessels, appointing a commissary to provide them with provisions, at their own expense. Resolved, That every person who shall be found on shore, after having been confined on board of the said ves- sels, or either of them, without being properly discharged, shall be deemed guilty of felony, without benefit of clergy, and on conviction before the said commissioners, who are hereby directed and empowered to issue a summons to the sheriff, or other officer, to empanel a jury for their trial, shall be immediately executed. Resolved, That this Convention will defray the expense attending the procuring and fitting the said vessels. Resolved, That Mr. Gilbert Livingston and Major Law- rence be the committee. SATURDAY MORNING, May 3, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Mr. Dunscomb, Mr. Bancker, Mr. Harper, Colo. Brasher, Major Van Zandt, Genl. Scott, Mr. Beekman — New-York. Mr. Harper, Mr, Newkerk— Tryon. Mr. Morris, Mr. Tompkins, Judge Graham, Colo. Drake — West- chester. Genl- Ten Broeck, Mr. Gansevoort, Mr. Cuyler, Mr. Abm. Yates, Mr. Adgate — tlbany. Mr. Josa. Smith, Mr. Wisner, Mr. Clarke— Orange. Mr. Cantine, Major Tappen, Major Parks, Colo. De Witt — Ulster. Mr. Tredwell, Mr. Smith, Mr. Miller— Suffolk. Mr. R. It. Livingston, Mr. Landon, Mr. G. Livingston, Capt. Piatt— Dutchess. Colo. Williams, Major Webster— Charlotte. Mr. Stevens — Cumberland. A letter from Colonel Lewis Dubois, dated at Fort Montgomery yesterday, complaining of the rank of the officers of his regiment, was read and committed to Mr. Harper, Mr. Cuyler and Colonel De Witt. A letter from John Coe, Esquire, chairman of the com- mittee of the south part of Orange county, complaining of the distresses of many of the inhabitants in that part of the county, by having the Continental troops (who were pass- ing through) quartered on them, many of which troops were sick, and for which the said inhabitants have not received satisfaction, was read and committed to Mr. Ro- bert Harper and Mr. Josa. H. Smith. A letter from General George Clinton, dated at Fort Montgomery, the 2nd instant, enclosing the proceedings of a general court martial, held at Fort Montgomery, April 30th, and May 1st, 1777, for the trial of Jack, a negro man, slave of Gysbert Rosa, charged with levying war against the State of New-York within the same, with being an enlisted soldier in the service of the King of Great Britain ; William McGinnis charged with levying war against the State of New-York, with being adherent to the King of Great Britain, and with being an enlisted soldier in the service of the King of Great Britain, when owing allegiance to the State of New- York ; John Van Vliet, charged with the like crimes ; Cornelius Furler, charged with the like crimes; William Teets, charged with the like crimes ; Coenradt Mysener, charged with the like crimes ; Andries Keyser, charged with the like crimes ; John Rapalye, charged with the like crimes ; Sylves- ter Vandermarken, charged with the like crimes ; Jaco- bus Rosa, charged with the like crimes, as well as that of enlisting men in the service of the King of Great Britain ; Jacob Middagh, charged with the like crimes, excepting that of enlisting men in the service of the King of Great Britain ; Jacobus Longyou, charged with the like crimes ; Hendrick Crispell, charged with the like crimes ; Alexander Campbell, charged with holding correspondence with the enemies of the American States, giving them in- telligence, and adhering to and giving them aid and com- fort, and secreting them ; Arthur McKenny, charged with the like crimes, excepting that of secreting them ; Isaac Lockwood, charged with attempting to join the enemy ; Silas Gardner, charged with levying war against the United States of America, holding correspondence with, and assist- ing the enemies of the said States ; and Daniel Reynolds and Peter Aldridge, charged with harbouring the enemies of the United States, were respectively read. The said proceedings being again read, it appears that the said Jack, the negro man, slave of Gysbert Rose, Daniel Reynolds and Peter Aldridge, were by the said court martial acquitted of the charges brought against them respectively, and that the said Hendrick Crispell was excused from a trial on the said charges, in order that he might be made use of as an evidence on behalf of the State, against other criminals brought before the said court. That John Van Vliet, William McGinnis, Cornelius Furler, William Teets, Coenradt Mysener, Andries Keyser, John Rapelye, Sylvester Vandermerken, Jacobus Rosa, Jacob Middagh, Jacobus Longyou, Alexander Campbell, Arthur McKenny and Silas Gardner, are by the said court martial adjudged guilty of the crimes wherewith they severally stood charged, and sentenced to be hanged by the neck till they be dead ; and that the said Isaac Lockwood be close confined in a common jail during the present war with the kingdom of Great Britain, or until he shall be discharged by proper authority. The said proceedings, with the acquittals and sentences, being maturely considered, and the question put on each of them respectively, whether the Convention doth approve of the conduct of the said court martial in the acquittals and sentences above mentioned, it was carried in the affir- mative, except in the case of Alexander Campbell, which was carried in the negative. Jacobus Longyou and Cor- I nelius Fuller, being tenants for life on lands of Mr. R. R. JOURNAL OF THE PROVINCIAL CONVENTION. 909 Livingston, he was excused from voting on their cases. Thereupon, Resolved, That this Convention doth approve of the conduct of the said court martial in their several and re- spective acquittals and sentences aforesaid, against the above mentioned criminals respectively, except in the case of the said Alexander Campbell, (whose sentence is hereby reversed) and that the same be and hereby are confirmed. And whereas this Convention think it their duty, in some cases, by extending mercy, to mitigate the rigour of justice ; and the said William Tiets being by the said court martial recommended as a proper object of mercy, in consideration of his extreme youth, and it appearing that he has been deluded, his severe compunction for his crimes, and his apparent ignorance : It is therefore, Resolved, That the President do issue a pardon to the said William Tiets, in the name and by the authority of this Convention, of the crimes whereof he has been con- victed as aforesaid. And whereas the said Hendrick Crispell was, by the said court martial, excused from a trial of the crimes whereof he stood charged before the said court martial, in order that he might be made use of as a witness against other criminals brought before the the said court : There- fore, Resolved, That the President do issue a pardon to the said Hendrick Crispell, in the name and by the authority of this Convention, of the crimes whereof he stood charged as aforesaid. Resolved, That Genl. George Clinton be requested to cause the said presons to be executed at such places as he in his discretion shall think proper. " To all to whom these presents shall come : " I, Abraham Ten Broeck, Esquire, President of the Convention of the State of New-York, send greeting : "Whereas William Tiets, an inhabitant of this State charged with levying war against the State of New-York, within the same, and with being adherent to the King of Great Britain, and with being an enlisted soldier in the service of the King of Great Britain, whilst owing alle- giance to the State of New- York, was on the thirtieth day of April last past convicted of the said charge by sentence of a general court martial, held on the said day at Fort Montgo- mery, in the county of Orange, in pursuance of certain reso- lutions of the said Convention, in such case made and pro- vided, and was then and there by the sentence of the said court martial adjudged for the offence aforesaid to be hanged by the neck till he should be dead : And whereas, also Hendrick Crispell, an inhabitant of the said Stale, charged with the aforesaid crimes, was by the said general court martial acquitted of the said charge, and admitted as an evidence on behalf of the said State : And whereas the said Convention have on this day maturely revised the said sentence against the said William Tiets, and have con- firmed the same ; yet nevertheless have resolved to extend mercy to the said William Tiets, in respect to the crime aforesaid whereof he is convicted, and to pardon the said Hendrick Crispell of the crimes whereof he stood charged ; and have authorized me, the said President, to issue to the said William Tiets and Hendrick Crispell, in the name and by the authority of the said Convention, a pardon of the crimes whereof they were convicted and stood charged as aforesaid : I therefore, in the name and by the authori- ty aforesaid, do hereby fully and freely remit and pardon unto the said William Tiets and Hendrick Crispell, the crime and punishment whereof and for which the said William Tiets was convicted and subjected ; and the crimes whereof the said Hendrick Crispell stood charged as aforesaid. In witness whereof I have hereunto set my hand in Convention at Kingston, in the county of Ulster, this third day of May, in the year of our Lord one thou- sand seven hundred and seventy-seven. " Bv his Honour's command, " ROBT. BENSON, Secry." 228 Saturday Afternoon, May 3, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Genl. Scott, Mr. Dunscomb, Mr. Harper, Mr. Bancker, Mr. Beek- man, Colo. Brasher. Major Van Zandt — New-York. Mr. Harper, Mr. Newkerk — Tryon. Colo. De Witt, Major Tappen, Mr. Cantine — Ultter. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Cuyler, Mr. Gansevoort, Mr. Adgate — Albany. Mr. Wisner, Mr. Jos. Smith, Mr. Clarke — Orange. Mr. Morris, Colo. Drake, Judge Graham, Mr. Tompkins — West- chester. Mr. Smith, Mr. Treadwell, Mr. Miller— Suffolk. Mr. R. R. Livingston, Mr. G. Livingston, Major Landon, Capt. Piatt — Dutchess. Mr. Stevens— Cumberland. Resolved, That the committee of the precinct of Rhine- beck, in the county of Dutchess, and the committee of the precinct of Walkill, in the county of Ulster, and the com- mittee of the precinct of Cornwall, in the county of Orange, be directed to raise a company in each of the said pre- cincts to continue in service till the first day of July next, unless sooner discharged, consisting of one lieutenant, three sergeants and twenty-four privates, in order to guard the several powder mills in each of the said precincts. Resolved, That the officers be allowed Continental pay, and fifteen shillings per week for rations, and the non-com- missioned officers and privates, Continental pay and twelve shillings per week for rations, and be under the command of the proprietors of the said mills. Resolved, That the committees above named call out a part of the militia of the said precincts to mount guard at the said mills, till the said companies are completed, and that they be also under the command of the proprietors of the said mills, and be allowed the above pay and subsistence. The House being informed of an intended insurrection in the manor of Livingston, thereupon, Resolved, That a committee of three be appointed to go to Rhinebeck precinct, in Dutchess county, and to the manor of Livingston, and take the most effectual measures to quell any insurrections in the said places ; and that they be vested with power to call upon the militia for any assis- tance that they may find necessary for the purpose. Resolved, That Zephaniah Piatt, Robert R. Livingston and Matthew Cantine, Esquires, be the committee. A draft of a letter to Colo. Robert Van Rensselaer, in the words following, to wit, was read and approved : " Sir — Having received information of an insurrection projected by the disaffected in the manor of Livingston, which the Convention conceive may be easily stopped, if spirited measures are speedily used. You are therefore requested to march immediately a body of one hundred men that may be depended upon to flarman Pests, at Roelof Jansen's kill, where you will receive directions from a committee." Whereas divers persons in the county of Dutchess, have associated in the manner following, to wit: "Whereas doubts have arisen whether persons who have heretofore held military commissions, or having commissions, are, notwithstanding, at present without any command, should be obliged to serve in the militia: And whereas it is fre- quently suggested that such persons avail themselves of their commissions, and use them as pretexts to avoid doing duty ; and that persons beyond the age of fifty years, and others exempted by law from serving in the militia also in many instances improperly avail themselves of this advan- tage : In order, therefore, to prevent such suggestions and suspicions, as far as they personally respect us, and to convince the world that we are always, and especially at this important crisis, ready to turn out in defence of our country, and hazard our lives, and bear our equal burthen with the rest of community, we, the subscribers, residing in the county of Dutchess, having heretofore held commis- sions, or now holding commissions as aforesaid, or being 910 JOURNAL OF THE PROVINCIAL CONVENTION. beyond the age of fifty years, or otherwise exempted from serving in the militia, do hereby voluntarily associate and engage, that we will forthwith provide ourselves with arms, accoutrements and ammunition ; that we will, upon an alarm, immediately repair to such place of rendezvous as shall be appointed ; that we will, whenever drafts are to be made from the militia, contribute our proportion of men, to be commanded by their own officers ; and that we will be under the command of officers to be elected from our own body." And whereas many others are desirous of associating in the like manner, therefore, Resolved, That this Convention doth highly approve thereof, and that the persons therein described who shall so associate together, be exempted from all other duty in the militia. Ordered, That the Treasurer of this State advance to Simon Stevens, Esquire, a member in this Convention for the county of Cumberland, on the credit of the said county, the sum of sixty pounds, and that Mr. Stevens do account with the committee of the said county for the same. The House proceeded to the consideration of the tem- porary form of government. Mr. Gansevoort moved, and was seconded, that the Council of Safety consist of fifteen members. The question being put thereon, it was carried in the affirmative. The House then proceeded to elect the members by counties. The votes being taken, the following gentlemen were elected by a majority of the votes of the counties present, to wit : John Morin Scott, Robert R. Livingston, Christo- pher Tappen, Abraham Yates, Junr. Governeur Morris, Zephaniah Piatt, John Jay, Charles De Witt, Robert Harper, Jacob Cuyler, Thomas Tredwell, Pierre Van Cort- landt, Matthew Cantine, John Sloss Hobart and Jonathan G. Tompkins. The counties then proceeded to elect by ballot the chan- cellor. The votes are as follows : For Genl. Scott. New-York, 8 Suffolk, 4 Orange, 3 15 For R. R. Livingston. Albany, 6 Dutchess, 5 Westchester, 4 Ulster, 4 Charlotte, 2 21 Whereupon Mr. Robert R. Livingston was declared elected chancellor. They proceeded in like manner to elect the chief justice. The votes are as follows : For Genl. Scott. For Mr. Jay. New-York, 8 Dutchess, 5 Orange, 3 Albany 6 Suffolk, 4 Westchester, 4 — Ulster, 4 15 — Charlotte divided. 19 Whereupon Mr. Jay was declared elected chief justice. They also proceeded in like manner to elect two puisne judges. Votes for puisne judges. Mr. Hobart. Genl. Scott. Mr. R. Ya'e- New-York, S Albany, 6 Suffolk, 4 Ulster, 4 Dutchess, 5 Westchester, .... 4 Charlotte, 2 Orange, 3 6 4 4 4 2 3 36 5 31 The House proceeded to settle the rank of the puisne judges. Ut. — Genl. Scott Suffolk, Dutchess, Albany, Ulster, Orange, Charlotte, New-York, Westchester. Genl. Scott immediately signified his disinclination to execute the office of one of the puisne judges; and, there- fore refused to accept the office. The House then proceeded to the election of attorney- general, viz : For Egbert Benson. Dutchess, Albany, New-York, Orange, Ulster, Suffolk, Westchester, Charlotte. Mr. Benson was elected. SUNDAY MORNING, May 4, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Genl. Scott, Major Van Zandt, Mr. Dunscomb, Mr. Bancker, Mr. Harper, Colo. Brasher — New-York. Mr- Harper, Mr. Newkerk — Tryon. Genl Ten Broeck, Mr. Abm. Yates, Mr. Adgate, Mr. Gansevoort — Albany. Mr. Josa. Smith, Mr. Clarke — Orange. Mr. Stevens — Cumberland. Mr. Smith, Mr. Miller, Mr. Tredwell— Suffolk. Mr. Webster, Colo. Williams— Charlotte. Major Tappen, Col. De Witt— Ulster. Judge Graham, Mr. Morris, Mr. Tompkins — Westchester. A letter from the committee of Amenia precinct, and a letter from Colo. Sutherland, of Charlotte precinct, were received, brought by Captain Delavan, who being called up, gave the House the following information on the sub- ject of the said letters, viz : " That a part of the militia of Amenia precinct, who were ready to march to oppose the enemy, who, 'twas said, had landed at Horse Neck, being informed of the cruel ravages of the enemy at and near Danbury, by throwing some of the friends to liberty in the fire, killing two ladies on the road, &c. were so exasperated thereby, as to refuse going to the southward, and to determine to go and take vengeance on the disaffected persons in that quarter." Capt. Delavan further informs, " That the disaffected persons are very numerous in the southern parts of Dutch- ess county, and that without doubt they will fall on the whigs whenever the enemy attack our army at Peekskill, or at the forts in the Highlands, They, therefore, re- quest Convention to take some measures in the premises." Thereupon, Resolved, That Mr. Jay, Colo. Thomas and Colo. Lud- dington be appointed commissioners to prevent, quell and subdue all insurrections and disaffection in the counties of Dutchess and Westchester ; and to take every measure for that purpose which they shall deem necessary ; and that they cooperate with Messrs. Robert R. Livingston, Zephaniah Piatt and Matthew Cantine, a committee ap- pointed yesterday, for the like purpose in the manor of Livingston and Rhinebeck precinct. Resolved, That the said commissioners immediately collect, with the assistance of Genl. McDougall, or Genl. George Clinton or from the militia of the county of Dutch- ess, whichever to them shall appear most expeditious, a force sufficient for the purposes aforesaid ; and also, to comply with the following instructions, to wit : " Gentlemen — You are to begin in the southern part of the county of Dutchess and proceed to the northward, and in your progress secure the disaffected, call out the whole militia, and destroy all such as shall be found in arms to oppose you. " When you shall meet with the commiltee above men- tioned, you are, in concert with them, to secure the pri- soners you shall have respectively made, to dismiss such of the militia as you may think proper, and with the re- mainder march into the county of Westchester, by diffe- JOURNAL OF THE PROVINCIAL CONVENTION. 911 rent ways, concerting, at the same lime, such measures with Genl. McDougall, or other the commanding officer at Peekskill, as will effectually clear the said county of Westchester of all dangerous and disaffected persons. " You are on every occasion, by every means in your power, (torture excepted) to compel the discovery and de- livery of all spies or other emissaries of the enemy, who you may have reason to believe are concealed in any part of the country through which you make your progress, and upon due proof immediately execute them in terrorem." Resolved, That a copy of the foregoing resolutions and instructions be immediately transmitted to Messrs. Living- ston, Cantine and Piatt, and the further instructions fol- lowing, to wit : " Gentlemen — You are hereby instructed to conform yourselves to the resolutions herewith transmitted to you ; and having cleansed the manor of Livingston and Rhine- beck precincts of the disaffected and dangerous inhabitants, to proceed to the southward until you meet with the com- missioners in the said resolutions mentioned, conducting yourselves according to the instructions and with the seve- ral powers unto them given ; and when you shall meet with the said commissioners, you are immediately to form with them a proper plan for the purposes mentioned in the said instructions to them, and endeavour to carry such plan into immediate execution." Resolved, That the said instructions be not considered as so binding upon the said committee or commissioners, but that they may be at liberty to vary from them accord- ing as circumstances may, in their judgment, respectively require. Resolved, That this Convention will defray the expense which may accrue by virtue of the aforegoing resolutions. Resolved, That copies of the several pieces of intelli- gence received by the Convention relating to the matters and things aforesaid, be immediately sent to the said com- mittee and to the said commissioners. Saturday Afternoon, May 4, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Genl. Scott, Mr. Dunscomb, Mr. Bancker, Major Van Zandt, Colo. Brasher, Mr. Harper — New-York. Major Webster — Charlotte. Genl. Ten Broeck, Mr. Ganscvoort, Mr. Abm. Yates —jjlbany. Mr. Harper, Mr. Newkerk— Tryon. Mr. Stevens — Cumberland. Mr. TredwcU, Mr. Smith, Mr. Miller— Suffolk. Mr. Morris, Mr. Tompkins, Judge Graham — Westchester. Major Tappen, Colo. De Witt— Ulster. Mr. Clarke, Mr. Josa. Smith — Orange. A letter from our Delegates at Congress, dated April 29, informing of the. languor that prevails in the State of Pennsylvania, and enclosing a copy of the deposition of a person lately come out of New-York, was read and com- mitted to Mr. Morris and Colo. Brasher. A letter from General Lewis Morris, dated Philadelphia, April 19, apologizing for not attending Convention, pursu- ant to their order, was read. Resolved, That the President inform General Morris by letter, that the House will dispense with his attendance for the present. Whereas William Smith, who was yesterday elected a member of the Council of Safety, is very disagreeably circumstanced by having his family and estate in the power of the enemy on Long island ; especially, as in all probability, the said Council will, at this important crisis, be under the necessity of making use of very spirited measures, which probably will expose his said family to the particular resentment of the enemy : Therefore, Resolved, That Mr. Smith be excused from serving as a member of the said Council of Safety, and that another member be immediately elected in his stead. The House accordingly proceeded to the election of another member in the stead of Mr. Smith, and Mr. Ho- bart was unanimously elected. MONDAY MORNING, May 5, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Mr. Bancker, Mr. Harper, Mr. Dunscomb, Major Van Zandt, Colo. Brasher, General Scott, Mr. Beekman — Neu-York. Colo. Williams, Maj. Webster — Charlotte. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Gansevoort — Albany. Mr. Morris, Judge Graham, Mr. Tompkins — Westchester. Mr. Smith, Mr. TredweU, Mr. Miller— Suffolk. Mr. Clarke, Mr. Josa. Smith — Orange. Mr- Stevens — Cumberland. Maj. Tappen, Colo. De Witt — Ulster. Mr. Harper, Mr. Newkerk — Tryon. Mr. Morris informed the House that General McDougal, by letter to him, requests Convention to procure for him one hundred dollars in gold or silver. Resolved, That Gerard Bancker, Esquire, procure one hundred dollars in gold or silver for the immediate and pressing service of this State, and the well affected inha- bitants are requested to afford him every assistance in their power for the purpose aforesaid. The House being informed that Colo. De Witt, a mem- ber of this House, is detained in custody of a guard of militia at this place, Ordered, That the doorkeeper wait on Colonel De Witt and inform him that his attendance, as a member, is imme- diately required in this House. Colo. De Witt came in and informed the House that he was this morning, by a guard of the militia under the com- mand of Capt. Gerardus Hardenberg, taken into custody as one of the delinquents who have not furnished a draft from the militia. Whereas this House is informed that Capt. Gerardus Hardenberg hath presumed to imprison a member of this Convention : Resolved, That the said Gerardus Hardenberg do im- mediately attend this House. Capt. Hardenberg attending, and being asked by what authority he took Colonel De Wilt, a member of this House, into custody, says he did it by authority of the warrant by him produced to the House, which is as fol- lows, to wit : " By virtue of brigade orders just now re- ceived, I strictly command you lo cause the deficiency of the drafts of your company lately ordered to be raised to reinforce the garrison of Fort Montgomery, to be delivered to me at Kingston by Monday next, at ten o'clock in the morning. You must apprehend those persons as are here- under mentioned, they being the defaulters in your com- pany, and bring them to me. Likewise to appear here per- sonally, and bring with you a true list of all the men now under your command. Hereof you are not to fail upon your peril. " Given under mv hand at Kingston, this 30lh day of April, 1777. "JONATHAN ELMENDORPH, Colo. " Charles De Witt, Elias Degremo, Peter Degremo, Robert Phoenix, Abraham Dubois, John Newkerk, Elias Teerpenning." Capt. Hardenberg being asked whether by the warrant he observed any thing charging those persons with any crimes or misdemeanors, says he did not think so far ; says he has seen the militia law. Being asked how Colonel De Witt's name originally came to be put on that list, says he don't know ; the colonel must know that ; he thought it his duty to obey all orders from his superior officers. 912 JOURNAL OF THE PROVINCIAL CONVENTION. Capt. Hardenberg, by order, withdrew. Ordered, That Colonel Elmendorph be requested to attend this House this afternoon at 4 o'clock, and that Capt. Hardenberg do attend until further orders. A letter from General George Clinton, dated at Fort Montgomery, the 4th instant, enclosing the names of the traitors who were going to join the enemy ; of persons aid- ing and comforting them ; also, the copy of a letter from Lieut. Colonel Cooper, dated at Sidman's Clove, the 3rd inst. was read and tiled. Mr. Morris informed the House that Mr. Bancker, agree- ably to order, has procured the one hundred dollars in specie for General McDougall. Ordered, That Mr. Bancker transmit the same by ex- press to General McDougall. The House proceeded to the further consideration of the temporary form of government, and elected the following persons judges of the inferior court for Albany county, viz : Volkert P. Douw, first judge ; Jacob C.Ten Eyck, Abra- ham Ten Broeck, Henry Bleecker, Walter Livingston, John H. Ten Eyck, quorum. Mr. Abraham Yates produced a paper of the committee of Albany, dated 14th June, 1776, signed by Abm. Yates, Junr. chairman, and attested by Matthew Visscher, secy, recommending Henry I. Wendell for sheriff, and Matthew Visscher for clerk of the said county. Debate arose thereon as to the propriety of reading the same. The question being put, it was carried for the reading it, in manner following, to wit : For its being read. Jlgainst it. New-York, 8 Westchester, 4 Albany, 6 Ulster divided. Suffolk 4 Charlotte, 2 —20 The said paper was accordingly read. The House then proceeded to the appointment of a sheriff for Albany county, and Mr. Henry I. Wendell was unani- mously elected. Adjourned till afternoon. Monday Afternoon, May 5, 1777. The Convention met pursuant to adjournment. Present — General Ten Broeck, President. Genl. Scott, Mr. Dunscomb, Mr. Bancker, Mr. Beekman, Mr. Harper, Mr. Van Zandt— New-York. Mr. Wm. Harper — Tryon. Genl. Ten Broeck, Mr. Gansevoort, Mr. Abrm. Yates — Jllbany. Judge Graham, Mr. Tompkins, Mr. Morris — Westchester. Colo. Williams, Major Webster— Charlotte. Mr. Miller, Mr. Tredwell, Mr. Smith— Suffolk. Mr. Clarke — Orange. Colo. Be Witt, Mr. Tappen— Ulster. Mr. G. Livingston — Dutchess. A petition (in Dutch,) from Isaac Low, confined in the jail of this place, praying to be released, was read and ordered to lie on the table. A letter from Messrs. Piatt, Cantine and Robt. R. Li- vingston, the committee appointed to repair to Rhinebeck and the manor of Livingston, to quell an insurrection in those places, was read. Ordered, That General Scott draft an answer to the said letter and report the same. Lieutenant-Colo. Elmendorph, according to the order of this morning, attended, and was asked several questions ; he produced a list of the delinquents of Colonel Snyder's regiment, as the same was transmitted by Colonel Snyder to him, in which list the name of Charles DeWitt was mentioned as one. Colo. Elmendorph produced to the House Colo. Snyder's orders for apprehending the said de- linquents. Capt. Hardenberg being called up, was asked whether Charles De Witt's name was in the list of the de- linquents of his company, which was by him transmitted to Colo. Snyder ; he answered " No," but that Colo. De Witt's negro Peet was put on the said list. Lieutenant- Colo. Elmendorph and Capt. Hardenberg were dismissed till further order. Resolved, That General George Clinton be requested to direct Colonel Johannes Snyder to attend this House without delay, to answer for a breach of privilege offered to Charles De Witt, Esquire, a member of this House. General Scott, according to order, reported the draft of a letter to the committee sent to Rhinebeck and manor of Livingston, which was read and approved, and is in the words following, to wit : " Gentlemen — The Convention have considered your letter by express, and are sorry to observe, that though the harvest will be large, the laborers are few ; a part of three companies are gone over to you from this place; you will, by having recourse to the resolve which empowered you to act, see that the militia at large are subjected to your command; at the same time the Convention are well con- vinced that no more men than are already gone, can be spared from this quarter, and are therefore of opinion that if you want more assistance than you can obtain without weakening this part of the country, you should apply for the aid of the Connecticut militia, who, they have reason to believe, will gladly embrace the opporlunity of strength- ening your hands. As to the canoes which you suppose are made use of by the disaffected on this side of the river to pass over and increase the number of our internal ene- mies on the other side, the Convention are well informed that they are so much more within your than their reach, that they recommend it to you to secure them without delay." " We are, &c." A letter from the committee of Albany, dated yesterday, on the subjects of plots and insurrections in Albany county, enclosing a copy of a letter from Hezekiah Middlebrooks, chairman of Ballston committee, dated the 2nd instant, and directed to the committee of Saratoga, also a copy of a letter from John Younglove and George Palmer, dated the 3rd instant, and directed to the committee of Albany; also, a copy of a deposition dated the 3rd instant, and taken before George Palmer, the whole of them on the subject of plots and insurrections, were respectively read. There- upon, Resolved, That the committee of the counties of Albany, Tryon, Charlotte, Cumberland, Gloucester, Ulster and Orange, be requested and empowered to take the most effectual measures to prevent, suppress and quell all insur- rections, revolts and disaffection within their respective counties, that they be empowered to call out the militia of their respective counties, and that they cause all such trai- torous inhabitants of this State as shall be found in arms against the authority of the same, to be destroyed or other- wise effectually secured. Resolved, That this Convention will defray the expense of executing the above resolution. The House proceeded to the consideration of the tem- porary form of government, and appointed Melancton Smith sheriff of Dutchess county, John Thomas, Jr. she- riff of Westchester county, and Egbert Dnmont sheriff of Ulster county. Mr. Harper being the only member from Tryon county to nominate a person as sheriff for said county : Where- upon the House, by counties, elected Anthony Van Vegh- ten, sheriff of Tryon county ; Jesse Woodhull, sheriff of Orange county ; Edward Savage, sheriff of Charlotte county ; Paul Spooner, sheriff of Cumberland county. TUESDAY MORNING, May 6, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Mr. Harper, Mr. Bancker, Major Van Zandt, Mr. Beekman, Mr. Dunscomb, Genl. Scott— New-York. JOURNAL OF THE PROVINCIAL CONVENTION. 913 Col. Williams, Major Webster— Charlotte. Gea\. Ten Broeck, Mr. Gansevoort, Mr. Abm. Yates— Albany. Mr. G- Livingston — Dutchess. Mr. Stevens — Cumberland. Judge Graham, Mr. Tompkins, Mr. Morris— Westchester. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Mr. Clarke— Orange. Colo. De Wilt, Major Tappen, Major Parks — Ulster. Mr. Harper — Tryon. A petition of Messrs. Cumming, Cruikshanks, Munro, and Thurman, confined in Kingston jail, complaining of severe treatment of the Kingston committee, was read, and committed to Mr. Wm. Smith and Mr. Robert Harper. An extract from the minutes of a meeting of the free- holders of the town of Brattleborough, holden on the 22d day of April, 1777, declaring their allegiance to this State, and appointing Israel Smith, Esquire, an agent to come to Convention, was read. Their instructions to the said agent were likewise read, and committed to Mr. Morris and Mr. Stevens. Mr. Morris gave notice that he will, to-morrow morning, move for a resolution to abolish all quit rents in this State. Resolved, That the committee and field officers of the county of Westchester be empowered to raise as many men as they can for the defence of the said county, and that this Convention will defray the expense thereof. The committee appointed to examine and audit the ac- count of Theodorus Brett, for his services and billeting, as an officer employed by the late committee for detecting and defeating all conspiracies, &c. reported that there ap- pears to be due to Capt. Brett the sum of £69 9s. lOd. Thereupon, Ordered, That the Treasurer of this State do pay unto Captain Theodorus Brett the sum of sixty-nine pounds nine shillings and ten pence, in full for the balance of his ac- count for his services, &c. by order of the late committee, for defeating all conspiracies, &c. and take his receipt for the same. The House proceeded to the consideration of the tem- porary plan of government. Nathaniel Merrill appointed sheriff of Gloucester. Voted that Ephraim Payne be 1st Judge of Dutchess county. Zephaniah Piatt and Anthony Hoffman, two other judges for the same county. Voted that Lewis Morris be 1st judge of Westchester county. Stephen Ward, Joseph Strang and Joseph Drake, three other judges for the same county. Voted that Levi Pawling be 1st judge of Ulster county. Dirck Wynkoop one other judge for the same county. Tuesday Afternoon, May 6, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Major Van Zandt, Mr. Dunscomb, Mr. Beekman, Mr. Roosevelt, Mr. Harper, Genl. Scott — New-York. Major Lawrence — Queens. Mr. Stevens — Cumberland. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Gansevoort — Albany. Mr. G. Livingston— Dutchess. Mr. Harper — Tryon. Colo. De Witt, Major Parks, Major Tappen— Ulster. Mr. Wm. Smith, Mr. Miller, Mr. Tredwell— Suffolk. Judge Graham, Mr. Morris, Mr. Tompkins — Westchester. Colo. Williams, Major Webster — Charlotte. Mr. Clarke, Mr. Wisner— Orange A letter from the Honourable John Hancock, President, &c. dated April 29, enclosing extracts of a letter from Ge- neral Gates to General Washington, dated Albany, April 19, 1777, relative to the state of the northern department; also the resolution of Congress of the 22d of April, recom- mending to the several Stales the ordering their statute laws, 229 together with such discoveries and improvements as they have made in the art of war. Also, several resolutions relative to reinforcing Ticonde- roga, and a resolution of April 30th, directing the remov- ing of all the grain from the banks of Hudson river, were respectively read and filed. Ordered, That they be committed to General Scott, Mr. Morris and Mr. Jay. Resolved, That in answer to so much of the said resolu- tions of the Honourable the Congress, of April 22nd, as relates to our discoveries in the art of war, the several late resolutions of this Convention for quelling the disaffected within this State be transmitted to our Delegates, together with this resolution : that the said Delegates be requested to recommend the same to the other American States, as the most effectual mode of succeeding in this just and ne- cessary war. Resolved, That it is the opinion of this Convention that the abandoning that part of the works of Ticonderoga which lies on the west side of Lake Champlain, will be produc- tive of great evils to the United States of America. Ordered, That a copy of this resolve be transmitted to General Gates. Ordered, That the Treasurer of this State advance to Colonel James Hammon the sum of five hundred pounds on account, towards the payment of such of the militia of this State as were in service under his command ; and that Colonel Hammon account for the expenditure of the same with the Auditor-General of this Stale. Ordered, That the Treasurer of this State pay to Abra- ham Whitaker the sum of three pounds, for riding express to Claverack. The committee to whom was referred the account of Charles Giles, for victualing the disaffected persons con- fined in the jail at Kingston, reported that there appears to be due to Mr. Giles the sum of £141 12s. Od. Therefore, Ordered, That the Treasurer of this State pay unto Charles Giles the sum of one hundred and forty-one pounds twelve shillings, in full for his account of victualing the dis- affected persons confined in the jail of Kingston, agreeably to his account of the first instant. Resolved, That Capt. Sylvester Salisbury, and the offi- cers under his command, be at liberty to enlist out of the militia of foot in Ulster county, as many volunteers as will complete his company to the number of sixty privates. Ordered, That commissions issue to John Roe, as cor- net, and Abm. Van Gaasbeek, 1st quarter-master of the said company. Whereas this Convention having information that the fleets and armies of the King of Great Britain did design to make an immediate incursion into the southern parts of this State, did, on the twenty-fifth day of March last, re- solve as follows, to wit : "Resolved, That Brigr. General George Clinton be and he is hereby authorized and required, either on the requi- sition of His Excellency General Washington or at his own discretion, to call into actual service all or any part or pro- portion of the militia, as well horse as foot, of the counties of Westchester, Dutchess, Ulster and Orange, or either of them, and that he station ihe said militia in such manner as may be most proper for the securing the posts and passes in the Highlands, and frustrating the attempts of the ene- my to make incursions into this State, and that they be dis- charged as soon as the arrival of a sufficient number of Continental troops, or other contingency, shall render their continuance in the field unnecessary." And whereas sundry of the exempts wilhin the said counties have been ordered out by virtue of the said reso- lution, as in case of actual invasion, and divers complaints have been thereof made : And whereas, although the ene- my should not make such immediate invasion as aforesaid, it is nevertheless just and right that the said exempts should contribute towards the defence of this State, 914 JOURNAL OF THE PROVINCIAL CONVENTION. Resolved, That each of the said exempts who shall not be desirous of continuing in the service during the lime for which a part of the militia of the said counties have been ordered out as aforesaid, upon payment of the sum of eight dollars, be discharged by the colonel of the regiment of drafts to which they do belong, and that all the moneys so paid shall be equally divided among the soldiers of the said militia now in service under the command of the said Genl. George Clinton. WEDNESDAY MORNING, May 7, 1777. The Convention met pursuant to adjournment. Present — General Ten Broeck, President. Mr. Jay, Mr. Bancker, Mr. Roosevelt, Mr. Harper, Mr. Dunscomb, Major Van Zandt, Colo. Brasher, Mr. Beekman — New-York. Mr. Wisner, Mr. Clarke — Orange. Genl Ten Broeck, Mr. Abm. Yates, Mr. Gansevoort— Mb any. Mr. G. Livingston — Dutchess. Colo Williams, Major Webster — Charlotte. Major Tappen, Major Parks, Colo. De Witt— Ulster. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Judge Graham, Mr. Tompkins, Mr. Morris — Westchester. Mr. Stevens— Cumberland. Mr. Harper — Tryon. Major Lawrence — Queens. Mr. Morris, agreeable to notice given, delivered in a re- solution by him drawn up, for remitting all quit rents due, and forever abolishing all quit rents within this State. The same was read and taken into consideratin. After long de- bates, Ordered, That the same be committed to Mr. Tredwell, Mr. Jay and Genl. Scott. Resolved, That Melancton Smith, Esquire, be appoint- ed a commissioner (in the stead of Mr. Jay, whose pre- sence is necessarily required in Convention,) for executing certain resolutions of this State, passed the 4th instant, for preventing, quelling and subduing all insurrections in the counties of Dutchess and Westchester. Wednesday Afternoon, May 7, 1777. The Convention met pursuant to adjournment. Present— General Ten Broeck, President. Genl. Scott, Mr. Jay, Mr. Roosevelt, Mr. Harper, Mr. Dunscomb, Colo. Brasher — New-York. Mr. Wisner, Mr. Clarke — Orange. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Gansevoort— Mbany. Mr. G. Livingston— Dutchess. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Judge Graham, Mr. Tompkins, Mr. Morris — Westchester. Major Lawrence — Queens. Mr. Harper — Tryon. Major Tappen, Major Parks, Colo. De Witt— Ulster. A draft of a letter to Brigadier-General George Clinton, relative to the prisoners sent from Fort Montgomery, and under sentence of death, was read and approved, and is in the words following, to wit : " In Convention ) " Of the State of New- York, at > " Kingston, May 7, 1777. ) " Sir — I am charged by Convention, to thank you for your attention to the public safety, and to acknowledge the delivery of the traitors sent lo us under command of one of your officers. The Convention are entirely in opi- nion with you, that too much pains cannot be taken to prevent the execution of the designs of our inlernal ene- mies, whose characters they conceive lo be of the most dangerous and malignant complexion. The Convention are fully convinced that you will do every thing in your power to secure the dispersed remains of Rosa's party ; and are extremely disposed to cooperate with you for that purpose. Every expedient which you may think proper to propose for promoting this salutary end, will be second- ed by their utmost exertions. " I am directed by Convention, to inform you, that your treatment of Sammons needs no apology. They are fully sensible of your attachment to the public cause, and of your just sense of what is due to the supreme authority of the State, that they are incapable of putting misconstruc- tions on your conduct : but as he has been pardoned by the Convention, it is their opinion that he ought to be dis- charged, after you shall have obtained from him such in- formation as you shall deem sufficient. " The Convention observe from your list, that twenty of those villains are still lurking about the country ; if they could be apprehended, perhaps toryism might be cut up by the roots in Ulster county. We can assure you that vigorous measures are in actual execution for answer- ing the salutary purpose on the other side of the river. Concerning Mr. Colden, the Convention do not consider him as a person guilty of any punishable crime since his permission from the commissioners for conspiracies to re- turn home ; but they conceive that his advice lo the ene- my's officer and his attendants about the means of their escape, has reiterated the evidence of his disaffection. In consequence of which, and to preserve his life against po- pular resentment, ihey have thought proper to confine him in jail ; to this act of severity they were led, not only from a regard to his personal safety, but from a full conviction that had he been left at home, he could have done more mischief to the common cause than if he had been with General Howe. " Whatever may be the grounds of Lieutenant-Colo- nel Cooper's apprehensions, the Convention hope they are imaginary ; it is impossible for us to reinforce him. He is subject to your command : in respect to him, the Convention is convinced you or your brother will give him a line of conduct. " The prisoners under sentence of death which you sent from Fort Montgomery, are, as you will find by the reso- lutions of Convention, already transmitted to you, sub- jected, as to their execution, to your orders ; at present, they are extremely burdensome to the inhabitants, who keep a considerable guard over the jail to prevent a rescue. We detain your officer and guard here until we shall hear from you on this subject, which we wish may be as expe- ditious as possible. " I am, &c. " Brigr. Genl. Geo. Clinton." THURSDAY MORNING, May 8, 1777. The Convention met pursuant to adjournment. Present — Brig Genl. Ten Broeck, President. Mr. Bancker, Colo. Brasher, Mr. Roosevelt, Mr. Jay, Mr. Duns- comb, Mr. Harper, Major Van Zandt — New-York. Major Tappen, Major Parks — Ulster. Genl. Ten Broeck, Mr. Gansevoort, Mr. Abm. Yates — Hbany. Mr. Harper — Tryon. Mr. Stevens — Cumberland. Mr. Wisner, Mr. Clarke — Orange. Mr. Smith, Mr. Miller, Mr. Tredwell— Suffolk. Judge Graham, Mr. Morris, Mr. Tompkins — Westchester. The committee to whom was referred the report of the committee appointed to confer with Abraham Lott, Es- quire, late Treasurer of the Colony of New-York, deliver- ed in their report, which was read and agreed to. Resolved, That Mr. Robert R. Livingston be excused his further attendance on the committee appointed for quel- ling the insurrections in the manor of Livingston and Rhine- beck precincts, and that Mr. Cantine and Mr. Zeph. Plait, or either of them, be and are hereby empowered to exe- cute the business to which the said committee are ap- pointed. JOURNAL OF THE PROVINCIAL CONVENTION. 915 Ordered, That Mr. R. R. Livingston be informed that hisatlendance at Convention is requested as soon as possible. On application of Arthur Connelly, the following letter to General McDougall was read and agreed to, to wit : " Sir — It has been suggested to Convention, the prin- cipal witness against John Williams bears an infamous character, and that it is probable his testimony may merit little credit, his friends offering to prove to you the pri- soner's innocence, if time be given ihem. The Conven- tion have determined to reprieve him for ten days from this day, and request the favour of your opinion respecting the disposition of him after that lime, in order lhat if, on fur- ther inquiry, he should be thought an object of pardon, he may receive it ; if not, that he may suffer the punishment due to his guilt." Ordered, That the Treasurer of this Slate advance to Major Joseph Strang the sum of two hundred pounds, on account, towards the pay and subsistence of such of the militia of Westchester, under his command, as were called out to service in January last, and take his receipt, to ac- count with the Auditor-General for the same. Ordered, That the Treasurer of this State advance to the Honourable Henry Wisner, Esq. the sum of six hun- dred pounds, on account of saltpetre by him purchased in this State, by order of Convention, and take his receipt to account for the same. Die Jovis, P. M. May 8, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Genl. Scolt. Mr. Bancker, Mr. Beekman, Colo. Brasher, Mr. Jay, Major Van ZanJt. Mr. Harper, Mr. Dunscomb — New-York. Mr. Lawrence — Queens. Major Tappen, Major Parks — Ulster. Genl. Ten Broeck, Mr. Bleecker, Mr. Gansevoort, Mr. Abm. Yates — Albany. Mr. G Livingston— Dutchess. Mr. Wm. Harper, Mr. Xewkirk— Tryon. Mr. Jos. Smith, Mr. AVisner, Mr. Clarke— Orange. Mr. Smith, Mr. Miller, Mr. Tredwell— Suffolk. Mr. Tompkins, Judge Graham, Mr. Morris — Westchester. Mr. Stevens — Cumberland. A letter from Colonel John Broome, dated the 5th in- stant, relative to the vessel of war, the Montgomery, was received and read, as follows, to wit : " Hartford, May 5, 1777. " Sir — Capt. William Rogers, in the privateer sloop Montgomery, belonging to our State/arrived at New-Haven last week, and as I esleem that harbour at present a very unsafe one, I have ordered her round into Connecticut river, as high as Middletown. " Capt. Rogers, on his passage from Baltimore, took a prize schooner laden with tobacco, bound to New-York, but was unluckily retaken by a man of war near Fisher's Island. " The officer and four men of wars men which navigated the schooner, are brought in prisoners. I think it will be be best to fit out the Slontgomery immediately, if provi- sions and other necessaries can be obtained ; but the cap- tain and men decline going until the former cruizes are settled. Capt. Rogers tells me he engaged in our service on the terms allowed by Congress, whichat present I think is half the prizes, besides wages. Should be glad to know if the Convention understand the agreement in lhat light. I have not as yet had an opportunity of procuring Capt. Rogers' accounts, therefore don't know how much is due to him and the men. The privateer, I am informed, is considerably in debt for moneys advanced by order of her former agent, Mr. Hallet, towards fining her out the last cruise at New-Haven. If Mr. Francis Lewis is returned to Convention, it will be necessary to send me a sufficiency of her prize money to settle the accounts and refit her ; but in case he is not with you, I desire Convention will, without loss of time, order him to remit me a sufficiency for lhat purpose. I am the more urgent because there will he no chance of gelling her out before the accounts are closed. Capt. Rogers tells me his prize sold at Baltimore rising £11,000 lhat currency, which is at the rale of 75. 6d. per dollar. I imagine £7,000 is not more than will be necessary for the purposes above mentioned, should you direct me to allow half the prize money exclusive of wages. The caplain tells me he received at Baltimore, from Mr. Lewis, about £700. I have just removed my family from the sea shore to this place, and allotted to have set out for Convention last w 7 eek, but the landing of the enemy at Compoo and the arrival of Rogers prevented. " I am, sir, your and " Convention's humble servt. "J AS. BROOME. " N. B. If the salt brig is condemned and sold, Mr. Lewis must send me of her proceeds in nearly the same proportion with that of the other prize." Ordered, That it be committed to Mr. Morris. A letter from Major Ledvard, dated the 7th instant, pray- ing to be placed in some other regiment, was read, as fol- lows : " May it please your Honours — It gives me the greatest pain lhat I am now under the disagreeable neces- sity of troubling your Honourable Body ; but I hope for pardon, when I assure you it is with a sincere view to the good of the service. I am fully sensible of the honour done me by my late appointment to a majority in one of your regiments, and wish to acquit myself worthy ihe con- fidence you were pleased to repose in me, which I hope you will leave in my power by granting my request. I have been exceedingly ill treated by my colonel, Henry B. Livingston, Esq. for this some lime past ; twice arrested by him, and with much difficulty I have been able finally to get a trial ; but then, in the most unprecedented manner, I was obliged to submit to his bringing against me all that he could make up from the time of my entering the regi- ment to ihe 2nd inst. when my last arrest was dated, or be put off perhaps again without satisfaction. I therefore agreed to it, and the sentence of the court martial was (as in yesterday's general orders) ' that the charges are ground- less, and do therefore acquit him with honour.' It is not possible for me to serve in the regiment under his com- mand, and do justice to it and my country ; cheerfulness, unanimity and pleasure are wanting. I therefore beg your Honours will be pleased to remove me to the 2nd regiment of this State, commanded by Col. Van Corllandt. I wish not to leave the service, but if this remove is thought in- convenient or improper, and I can serve in no other way than in the regiment he commands, I must beg, if it is still in your power, you will grant me leave to resign my com- mission. " I have the honour to be, " With the greatest respect, " Your Honours most obt. servt. " BENJ. LEDYARD, " Major Ath N. Y. Regt. •• Peekskill, May 7, 1777." Ordered, That it be committed to Mr. Morris. A draft of an answer to Major Ledyard's letter, was read and approved of, to wit : " Sir — Yours of the 7th instant hath been received and laid before the Convention. It gives them great concern to receive any complaints grounded upon the want of una- nimity among the officers of this Slate, and they are un- happy that it is not in their power to remove the uneasi- ness which has arisen upon this occasion. But as the whole of this business is completed, it is now out of the hands of the Convention, nor can they with propiiety in- terfere. An exchange, by consent, may doubtless be ob- tained with leave of the Commander-in-Chief, to whom alone application can, with propriety, be made on this sub- ject. I am, &c. " Major Benj. Ledyard." 916 JOURNAL OF THE PROVINCIAL CONVENTION. Resolved, That Messrs. Gilbert Livingston, Jona. Law- 1 rence and Peter P. Van Zandt; the committee appointed to provide vessels for the reception of such disaffected per- sons as may be sent on board to be confined, be empower- ed to appoint a commissary to provide provisions and other necessaries for the said prisoners. Mr. Morris read a paragraph of a letter from General McDougall to him, wherein the General recommends to this Convention as an object of mercy and pardon, Anthony Hill, who was, on a charge of holding a treacherous cor- respondence with the enemy and of being employed by them for the purpose of enlisting men into their service, by a general court martial held at Peekskill on the 13th and 18th days of April last past, found guilty and sentenced to be hanged by the neck till he be dead, which said sentence was by this Convention approved and confirmed. The same being taken into consideration, Resolved, That the President do issue a pardon to the said Anthony Hill, in the name and by the authority of this Convention, of the crimes whereof he is convicted as aforesaid. The committee appointed to examine the several pay and subsistence rolls of the companies of rangers raised in the counties of Cumberland and Gloucester, and other ac- counts of the said rangers as transmitted by the commis- sioners appointed to regulate the said companies of rangers, reported that they have examined the same, and that there appears to be due to the said commissioners on account of the said rangers, the sum of 13,430 dollars and 3s. 6d. to the 16th of April, 1777, including an account of Elkanah Day, of 23^ dollars by him advanced. Thereupon, Ordered, That the Treasurer of this State pay unto Jacob Bayley, James Clay and John Sessions, Esquires, commissioners appointed to regulate and pay the rangers raised in the counties of Cumberland and Gloucester the sum of 13,430 dollars and 3s. (id. and that the said Trea- surer transmit the said sum by Mr. Wm. Wallace, who is sent by the said commissioners for that purpose, and take his receipt for the same. Whereas a regard to the sacred cause we are engaged in, as well as common justice and humanity, dictate the propriety of adopting some mode of relief for such of the inhabitants of this State, as have, by the hand of tyranny and injustice, been driven from their habitations, and de- prived of their substance, and thereby rendered unable to support themselves and families : Therefore, Resolved, That in the county of Westchester, Zebediah Mills and Nathaniel Hyat, Esquires ; in the county of Dutchess, Ezra Thompson and Frederick Jay, Esquires ; in the county of Ulster, Cornelius C. Schoonmaker and John Slight, Esquires ; and in the county of Orange, John Brewster and Teunis Cooper, Esquires, be, and they hereby are, appointed commissioners to take the general superintendence and care of all such poor as aforesaid on each of the respective counties for which they are appoint- ed, and that the commissioners of any two or more coun- ties agreeing, be authorized to remove said poor from one or either of such counties into another, and the commis- sioners of each of the said counties to remove them from one district to another, within the same county, for the convenience of keeping them employed, or supplying them with necessaries, and with such other things as they shall judge necessary for their comfortable subsistence, from time to lime ; and to keep them employed at such business as they shall be able to perform, and as the said commis- sioners shall judge to be most advantageous to the said poor and the public. Provided always, That no such removal, or residence, shall be construed to gain a right of settlement to any of such poor in the county to which they are, or shall be removed. Resolved, That the commissioners for either, or any of the above counties, have power at their discretion to bind out to trades, or other occupations, the children of such of the said poor as were objects of the public charity, before they were driven from their habitations as aforesaid : Pro- vided, That no male among such children be bound out for any longer time than until he shall arrive at the age of twenty-one years ; nor female, than until she shall arrive at the age of eighteen : And that they assist such persons who, before they were driven from their habitations as aforesaid, were not indebted to the public charity, but were able to support their families by their own means and industry, in putting out their children to such places and employments, for such time or times, as the said parents shall consent to. And that the said commissioners do, from time to time, discharge from their care, and withhold the public benevolence from such persons as, in the judg- ment of said commissioners, shall be able to support them- selves without it. Resolved, That the said commissioners be allowed at, and after the rate of ten shillings per day for their expense and trouble in executing the aforegoing resolutions, while actually employed therein. Resolved, That the commissioners of the poor, in each respective county, be empowered to draw upon the Trea- surer for a sum not exceeding five hundred pounds for each county, to be accounted for by the said commissioners respectively. The House proceeded to the consideration of the tem- porary plan of government. On the last reading of the report, Mr. Van Zandt moved that Mr. Philip Livingston be appointed Senator, in the stead of Doctor John Jones, on account of Doctor Jones's bad state of health. Mr. Jay, seconded by Mr. Morris, moved the following amendment : That Mr. Philip Livingston's name be insert- ed in the place of Mr. John Van Cortlandt. The question being put, it was carried in the affirma- tive, viz : For the affirmative. Ulster, 4 Orange, 3 Westchester, 4 Albany, 6 17 Resolved, That Mr. Philip Livingston be appointed in the stead of Mr. John Van Cortlandt. The plan for organizing government being finished, was read and agreed to, and is as follows, to wit : " Whereas, until such time as the constitution and go- vernment of this State shall be fully organized, it is neces- sary that some persons be vested with power to provide for the safety of the same. Therefore, Resolved, That John Morin Scott, Robert R. Livings- ton, Christopher Tappcn, Abraham Yates, Junr. Govcrneur Morris, Zephaniah Piatt, John Jay, Charles De Wilt, Ro- bert Harper, Jacob Cuyler, Thomas Tredwell, Pierre Van Cortlandt, Matthew Cantine, John Sloss Hobait and Jona- than Tompkins, or the major part of them, be, and they hereby are, appointed a Council of Safety, and invested with all the powers necessary for the safety and preserva- tion of the State, until a meeting of the Legislature : Pro- vided, That the executive powers of the State shall be vested in the Governor, as soon as he shall be chosen and admitted into office ; previous to which admission, such Governor shall appear before the said Council, and take the oath of allegiance ; and also the following oath of office, to be taken by the Governors and Lieutenant-Governors of this State, to wit : " ' 1, , by the suffrage of the freeholders of the State of New-York, according to the laws and Constitution of the said State, elected to serve the good people thereof as their , do here solemnly, in the presence of that Al- mighty and eternal God, before whom I shall one day an- swer for my conduct, covenant and promise to and with the good people of the State of New-York, that I will in all things, to the best of my knowledge and ability, faith- fully perform the trust, so as aforesaid reposed in me, by For the negative. New-York, 8 Suffolk, 4 12 JOURNAL OF THE PROVINCIAL CONVENTION. 917 executing the laws, and maintaining the peace, freedom, honour and independence of the said State, in conformity to the powers unto me delegated by the constitution ; and I pray God so to preserve and help me, when in my ex- tremest necessity I shall invoke His holy name, as I do keep this my sacred oalh and declaration.' " And whereas the appointment of officers in this State, is by the constitution thereof vested in the Governor, by and with the advice and consent of a council of appoint- ment, which doth not, and cannot exist, until after an elec- tion of Representatives in Senate and Assembly. " And whereas many of the said officers are necessary, not only for the immediate execution of the laws of this State, and the distribution of justice, but also for the hold- ing of such elections as aforesaid. Therefore, " Resolved, That the following persons be, and they hereby are appointed within this State, by authority of the same, to wit : That Robert R. Livingston be chancellor; John Jay, chief justice ; Robert Yates and John Sloss Ho- bart, puisne judges ; and Egbert Benson, attorney-general of this Slate. That Volkert P. Douw be first judge, and Jacob C. Ten Eyck, Abraham Ten Broeck, Henry Bleecker, Walter Livingston, and John H. Ten Eyck, the other judges for the county of Albany ; and that Henry I. Wendell be sheriff, and Leonard Gansevoort, clerk of the said county. That Ephraim Paine be first judge, and Zephaniah Piatt and Anthony Hoffman, the other judges for the county of Dutchess; and that Melancton Smith be sheriff and Henry Livingston, clerk of the said county. That Lewis Morris be first judge ; Stephen Ward, Joseph Strang and Jno. G. Tompkins, the other judges for the county of Westchester ; and that John Thomas be sheriff and John Bartow, clerk of the said county. That Levi Pawling be first judge, and Dirck Wynkoop, Junr. the other judge for the county of Ulster ; and that Egbert Dumond be sheriff, and George Clinton, clerk of the said county. That be first judge, and the other judges of the county of Try on ; and that Antho- ny Van Veghten be sheriff, and clerk of the said county. That be first judge, and the other judges of the county of Orange ; and that Jesse Woodhull be sheriff, and clerk of the said county. That William Duer be first judge, John Williams and William Marsh, the other judges for the county of Charlotte ; and that Edward Savage be sheriff, and Ebenezer Clarke, clerk of the said county. That be first judge, the other judges of the county of Cumberland ; and that Paul Spooner be sheriff, and clerk of the said county ; and that be the first judge and the other judges for the county of Gloucester ; and that Na- thaniel Merrill be sheriff, and clerk of the said county. And further, " Resolved, That each and every of the persons herein before appointed do, before the Council of Safety afore- said, or such persons as shall be by them appointed, take and subscribe the following oath of allegiance, to wit : " ' I, do solemnly swear and declare in the presence of the Almighty God, that I will bear true faith and allegiance to the State of New- York, as a good sub- ject of the said Stale, and will do my duty as such a sub- ject ought to do.' " And further, That every of the judicial officers above mentioned, do before he take upon him the exercise of his office, make the following oath, in manner above mentioned : " ' I, do solemnly swear and declare in the presence of the Almighty God, that I will, to the best of my knowledge and abilities, execute the office of within the State of New-York, according to the laws and Constitution of the said State, in defence of the freedom and independence thereof, and for the maintenance of liberty, and the distribution of justice among the subjects of the said State, without fear, favour, partiality, affection or hope of reward.' 230 " And also, that, every of the sheriffs herein before named, do, before he exercise his said office, take in like manner, the following oalh, to wit : " ' I, sheriff of the county of do so- lemnly swear and declare in the presence of Almighty God, thai I will in all things, to the best of my knowledge and abiliiy, do my duty as sheriff of the said county, ac- cording to the laws and constitution of this Stale of New- York, for the furtherance of justice, and in support of the rights and liberties of the said Stale and of the subjects thereof.' " And that every of the clerks herein before named, do in like manner, take the following oath, to wit : " ' I, clerk of do solemnly swear and declare, in the presence of Almighty God, that I will justly and honestly keep the records and papers by virtue of my said office of clerk committed unto me, and in all other things, to the best of my knowledge and understanding, faithfully perform the duly of my said office of clerk, with- out favour or partiality.' "And whereas it will be proper that all officers within this State be, as soon as possible, appointed, in the mode for that purpose prescribed by the constitution : There- fore, "Resolved, That all and singular the officers herein be- fore appointed, shall respectively hold their offices, accord- ing to the tenure of such offices respectively specified in the said constitution, if respectively approved of by the council for the appointment of officers, at their first session ; at which session, such of the said officers as shall be ap- proved of by the said council, as aforesaid, shall receive their commissions in proper form : It is nevertheless pro- vided, that every of the persons herein before named, who held ihe like office with that so as aforesaid conferred upon him, under authority derived from the King of Great Bri- tain, during good behaviour, shall continue to hold the said office, so long as he shall well and faithfully perform the duties of such office. " And whereas no permanent provision could with pro- priety be made in the constitution of this State for ihe mode of holding elections within the same, such provisions being properly within the power of ihe Legislature, and depending from lime to time upon the situation and circum- stances of the State : And whereas it is necessary to point out some mode by which elections for a Governor, Lieute- nant-Governor, and members of the Legislature may be held within this State : Therefore, " Resolved, That the sheriffs of the several counties herein before mentioned, upon public notice for that pur- pose by them given, at least ten days before ihe day of election, do direct that elections be held for Governor, Lieu- tenant-Governor and Senators in each county, by the free- holders thereof, qualified as is by the constitution prescrib- ed, and for members of Assembly, by the people at large, at the following places, to wit : " In the county of Albany : At the City Hall in the city of Albany; at the house of William White, in Schenec- tady ; at the house of George Mann, in Schoharie ; al ihe house of Lambert Van Valckenburgh, at Cocksackie Flalts; at the house of Cornelius Miller, at Claverack ; at ihe house of Solomon Demming, in King's district; at the house of Isaac Becker, in Tamhanick ; and at ihe house of Abraham Bloodgood, at Stillwater. " In the county of Ulster : At the court house in the town of Kingston ; at the house of Ann Du Bois, in New-Paltz; at the house of Sarah Hill, in Hanover precinct; at the house of Martin Wygant, in the precinct of Newburgh. " In the county of Orange : At the court house in Go- shen ; at or near the Presbyterian church, in Warwick ; at the house of John Brewster, in the precinct of Cornwall ; at the court house at the New-City, in the precinct of Ka- kiat; at the house of Paulus Vandervoort, in Havcrslraw; and at the house of Joseph Maybee, in the precinct of Tappan. 918 JOURNAL OF THE PROVINCIAL CONVENTION. " In the county of Westchester : At the house of Elijah Hunter, in Bedford ; and at the house of Captain Abraham Tiiiel, in the manor of Cortlandt. " In the county of Dutchess : At the house of the widow of Simon Westfall, deceased, in Rhinebeck precinct ; at the house of John Stoutenburgh, in Charlotte pracinct; at the house of Capt. Jonathan Dennis, in Beekman's pre- cinct ; at or near New-Hackensack church, in Rumbout precinct ; and at Matthew Patterson's, in Fredericksburgh precinct. " In the county of Tryon : At the house of Johannes Veder, in the Mohawk district ; at the house of John Dunn, in Canajohary district ; at the church in Stone Arabia, in Palatine district ; at the house of Frederick Bellinger, in the German Flats district ; at Smith's hall, in Old England district ; and at the house of Alexander Harper, in the township of Harpersfield. " In the county of Cumberland : At the house of Seth Smith, in Brattleborough ; at the house of Luke Knowlton, in New-Fain ; at the court house, in Westminster ; at the house of Tarbell, in Chester ; at the town house, in Windsor ; and at the house of Colonel Marsh, in Hert- ford. " In the county of Charlotte : At the new Presbyterian church, in New-Perth ; at the house of Anthony Hoffnagle, in Kingsbury ; at the house of Nathaniel Spring, in Gran- ville ; and at some convenient place in each of the towns of Manchester, Danby and Castle Town. And, " In the county of Gloucester ; At such places as the sheriff of the said county, by the advice of the county com- mittee, shall appoint for the convenience of electors within the same. " And that the sheriff of every county shall order the elections to be held in each place above mentioned, in his county, on the same day, under the direction of two repu- table freeholders, one to be appointed by the county com- mittee, the other by the sheriff, to attend at each of the places where the elections are, as aforesaid, directed to be held in every county, who shall jointly superintend the said elections, and return to the sheriff of the county in which such elections are held, true poll lists of the elections in the said several places, for Governor, Lieutenant-Governor, Senators and Representatives in Assembly ; which lists the sheriff shall transmit, under his oath of office, to the Coun- cil of Safety, as far as the same shall relate to Governor, Lieutenant-Governor and Senators, and shall cast up the greatest number of votes for the Representatives in Assem- bly, and make return of the names of such of them as are duly elected, in the manner that has heretofore been usual and customary : And the Council of Safety shall, upon re- ceipt of the poll lists of the election for Governor, Lieute- nant-Governor and Senators, examine the same, and de- clare who is the Governor, who the Lieutenant-Governor, and who the Senators, so chosen ; and shall administer to the said Governor and Lieutenant-Governor, the oaths of allegiance and of office. The said elections within the se- veral counties to be so held, as that the persons thereby chosen may be assembled at Kingston, in the county of Ulster, or such other place as the said Council of Safety shall appoint, on the first day of July next ; provided, that if by any unforeseen accident, such elections cannot be so held, then the said Council shall order elections at such other time or times as shall, in their opinion, be most con- ducive to the general interest of the State. " And it is further Resolved, That such freeholders as have fled from the southern parts of this State, and are now actually resident in any of the other counties of this State, shall be entitled to vote within such counties, for Governor and Lieutenant-Governor, as if they had actually possessed freeholds within the same. And that in case an election in any county should not be held, by reason of the death or resignation of the sheriff, or for any other cause, that the Council of Safety, or the Governor, in case he shall be sworn into his office, issue orders for an election for Representatives in Assembly, in such county, and ap- point a returning officer to hold the same. And where no county committee shall be in being, or such committee shall neglect to appoint returning officers for the places above named in such county, that the person for that pur- pose appointed by the sheriff shall alone hold the election, and make return to the sheriff in like manner, as is above directed. " And whereas it is impracticable for the inhabitants of the southern district of this State to choose Senators to re- present them in the Senate thereof, or for the counties of the said district, Westchester excepted, to elect Represen- tatives in Assembly ; and it is reasonable and right to give to the said district and counties a proportionable share in the legislation of the whole State, as far as is possible in its present circumstances : Therefore, " Resolved, That Lewis Morris, Pierre Van Cortlandt, John Morin Scott, Jonathan Lawrence, William Floyd, William Smith of Suffolk, Isaac Roosevelt, Doctor John Jones and Philip Livingston, be, and they hereby are ap- pointed Senators for the Southern District of this State ; and in case of vacancy, such vacancy to be filled up by the choice of the Assembly : And that Abraham Brasher, Daniel Dunscomb, Evert Bancker, Peter P. Van Zandt, Robert Harper, Abraham P. Lott, Jacobus Van Zandt, Henry Rutgers, Junior, and Frederick Jay, be, and they hereby are, appointed Representatives in Assembly, of the city and county of New-York ; Philip Edsall, Daniel Law- rence, Benjamin Coe and Benjamin Birdsall, of the county of Queens ; Burnet Miller, David Gelston, Ezra L'hom- medieu, Thomas Tredwell and Thomas Wickes, of the county of Suffolk ; William Boerum and Henry Williams, of the county of Kings ; and Joshua Mercereau and Abra- ham Jones, of the county of Richmond ; and in case of vacancy, such vacancy to be filled up by the choice of the Senate. Provided always, that none of the said Senators or Representatives in Assembly, so appointed, or hereafter to be appointed as aforesaid, shall continue longer in of- fice than until the electors they represent shall respectively be in a capacity of electing. " By order of Convention. " ABM. TEN BROECK, President. " Attest. "John McKesson, Sec'y." Ordered, That one thousand copies of the said plan for organizing government, be printed. FRIDAY MORNING, May 9, 1777. The Convention met pursuant to adjournment. Present — General Ten Broeck, President. Mr. Jay, Mr. Harper, Mr. Bancker, Col. Brasher, Major Van Zandt, Mr. Dunscomb, Mr. Roosevelt, Mr. Beekraan — New-York. Major Lawrence — Queens. Genl. Ten Broeck, Mr. Abrm. Yates, Mr. Gansevoort, Mr. Bleecker— Jllbany. Mr. G. Livingston — Dutchess. Mr. Harper, Mr. Newkirk — Tryon. Mr. Wisner, Mr. Clarke, Mr. Jos. Smith — Orange. Mr. Smith, Mr. Miller, Mr. Tredwell— Suffolk. Mr. Morris, Judge Graham, Mr. Tompkins— Westchester. Mr. Stevens — Cumberland. Major Tappen, Major Parks — Ulster. A letter from R. R. Livingston, Mathew Cantine and Zephaniah Piatt, Esquires, the committee sent to Rhine- beck and manor of Livingston, to quell the disaffected, dated the 8th instant, was read and filed, and is in the words following, to wit : " Manor of Livingston, 8th May, 1777. " Sir — We find the number of conspirators infinitely greater than we could have conceived ; almost every body in the upper manor, (as it is sometimes called,) particu- JOURNAL OF THE PROVINCIAL CONVENTION. 919 larly the eastern part of it, appears to have engaged with the enemy, first by taking an oath of secrecy, and then an oath of allegiance to the King of Great Britain ; it appears to have been their design to have waited till the enemy came up, when they were to rise and take the whigs pri- soners. We think it absolutely necessary that a court martial should be organized here to-morrow, out of the of- ficers of the manor of Claverack and Rhinebeck regiments, for the trial of some few of the principal offenders. An act of grace should be prepared, though not yet issued, and a proper place provided for at least two hundred prisoners, and provision be made for their maintenance. It would be proper also to enable the committee of the manor to raise 50 men, under the command of Capt. Gaasbeck, for the district of the manor of Livingston ; and it would not, in our opinion, be improper to indulge Claverack and Rhine- beck districts with small bodies of troops for a short time. " Might it not also be right to direct General Gates to hold a court at Albany, as it is clear that some plots have been formed to liberate the prisoners in Albany. We trust that the spirit of disaffection is pretty well subdued in this quarter for the present ; many coming in and surrendering themselves. " We are, sir, with the utmost respect, " Your humble servants, " ROBT. R. LIVINGSTON, " MATTHEW CANTINE, " ZEPH. PLATT, Jr." Thereupon it was moved, that General Gates be request- ed to constitute and establish a court martial for the trial of such persons as have been apprehended in the county of A'bany, and charged with treasonable practices against this State, pursuant to the resolutions of this Convention. A motion was then made for an amendment, that General Gates's name be struck out and that General Ten Broeck's name be inserted in its stead. The question being put on the said amendment, it was carried unanimously, by counties, in the affirmative. There- upon, Resolved, That Brigr. General Ten Broeck be directed immediately to constitute and establish a general court mar- tial for the trial of such persons as have been apprehended and confined in the county of Albany, and are charged with treasonable practices against this State, pursuant to the re- solutions of this Convention. Ordered, That the person or persons who hath or have in his or their possession, any gunpowder belonging to this State, deliver to Colonel John Field, or his order, two hun- dred weight of gunpowder, for the use of his regiment. Ordered, That the person or persons who hath or have in his or their possession, any lead belonging to this State, deliver to Colonel John Field, or his order, six hundred weight of lead, for the use of his regiment. Whereas it hath been represented to this Convention by Zephaniah Piatt, R. R. Livingston and Matthew Can- tine, Esquires, who were lately appointed a committee to go to Rhinebeck precinct, in Dutchess county, and to the manor of Livingston, and take the most effectual measures to prevent and quell any insurrections in the said places ; that they have caused a number of insurgents to be appre- hended, and recommending the immediate forming a court martial for their trial : And whereas the said Robert R. Livingston hath, at his request, been discharged from the said committee. Resolved, That the said Zephaniah Piatt and Matthew Cantine, be and they hereby are authorized, in as full and ample manner as any General of the militia of this State might do, to institute a court martial for the trial of the pri- soners as aforesaid, by their order apprehended for trea- sonable practices against this State, according to the reso- lutions of this Convention. Ordered, That Mr. Jay and Mr. Morris prepare and bring in an act of grace for such of the inhabitants of this State as have been guilty of treasonable practices against the State, on their taking the oath of allegiance. Friday Afternoon, May 9, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Mr. Bancker, Mr. Dunscomb, Mr. Harper, Mr. Roosevelt, Mr. Jay, Colo. Brasher, Mr. Beekman — New-York- Mr. Stevens — Cumberland. Mr. Harper, Mr. Newkerk— Tryon. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Gansevoort, Mr. Bleecker— Albany. Mr. Morris, Judge Graham, Mr. Tompkins — Westchester. Mr. G. Livingston — Dutchess. Mr. Smith, Mr. Miller, Mr. Tredwell— Suffolk. Mr. Wisner, Mr. Clarke — Orange. Major Tappen, Major Parks — Ulster. The petition of Arthur McKinney, confined in Kingston jail, under sentence of death, praying to be pardoned, was read. A similar petition of Silas Gardner, under the like cir- cumstances, was read and ordered to lie on the table. A letter from Jacob Hornbeck, enclosing the information and complaint of Silas Bowker against John Middagh and Henry Bush, for spreading lies and false intelligence, to the great discouragement of the good subjects of this State, at Papaconck, was read. Resolved, That the committee of Rochester be requested to cause John Middagh and Henry Bush to be apprehended and secured, and that this Convention will defray the ex- pense thereof. A ration roll of the ship joiners employed on board the Continental ship Congress, certified by John Child, clerk of said ship, amounting to £34 145. ll^d. from the 14th February to the 8th of May, 1777, was read. Ordered, That the Treasurer of this State pay unto George Taylor the sum of £34 14s. ll^d. in full for the said ration roll, and that he charge the same to the Conti- nental account. Whereas Colonel John Field, of Dutchess county, did for the security of the inhabitants against disaffected per- sons, who were committing ravages in the southeastern part of the said county, order a lieutenant and twenty pri- vates to range in that quarter, and which have lately been employed in guarding some Continental stores at Hender- son's, which had been twice attacked by disaffected moun- taineers. Resolved, That this Convention doth approve of Colo- nel Field's conduct in this business, and will pay the lieu- tenant and men under his command for the time they shall be in actual service ; and that they be continued in service so long as General McDougall shall deem the same ne- cessary, not exceeding two months. The committee to whom was referred the letter from John Coe, Esquire, relative to the damages sustained by the inhabitants of the south part of Orange county by the Continental troops passing through that county, repotted an answer thereto, which was read and agreed to, and is as follows, to wit : " Sir — Convention having received your letter, are of opinion, and I am directed to inform you, that the com- plainants mentioned therein should make up their accounts of the damages by them severally sustained, and deliver the same to you, and that you transmit the same, properly attested, to the Quarter-Master-General, and that you send a duplicate of the said accounts to the Council of Safety of this State. " That with respect to the supporting, nursing and in- terring the Continental soldiers, quartered upon the said complainants by the different regiments in their march, the said complainants are directed to carry in their accounts of 920 JOURNAL OF THE PROVINCIAL CONVENTION. the same to the Director-General of hospitals, in the middle department, who is empowered to settle them. " To John Coe, Deputy Chairman of the Committee of the county of Orange." The committee to whom was referred the accounts of Major Strang, for repairing the roads in Westchester and Dutchess counties, pursuant to the resolutions of Conven- tion of Oct. 5th ; also, another account of Major Strang, for expenses of storing, &c. the salt for repacking a quan- tity of pork purchased by order of the late Provincial Con- gress, in Westchester county ; also, an account of Jere- miah Drake, for boarding Daniel Dunscomb and his ser- vants, while employed in repacking the said pork, delivered in their report, which was read ; and thereupon Ordered, That the Treasurer of this State pay unto Major Joseph Strang the sum of £ 1 7 1 s. 1 Od. in full for the said first mentioned account, and the further sum of £159 5s. \]d. in full for his other account ; and to Jeremiah Drake, or his order, the sum of £5 2s. tid. in full for his said account. Whereas the county of Queens, being now in the power of the enemy, it hath become impracticable to assemble a county committee therein, therefore, on application of the Deputy of the said county for money to defray the wages due to the Deputies of the said county, Ordered, That the Treasurer of this State pay to the Deputies of Queens county, or either of them, on account of the county of Queens, to be accounted for by the said county to this State, and for the disposition whereof the said Deputy or Deputies shall be held to account with the said county, the sum of two hundred pounds, on account of the wages due to the Deputies who have been elected and represented that county. Resolved, That John Lasher, Esquire, be and he is hereby appointed commissioner of all and singular the mi- litary stores belonging to this State, with the rank of colo- nel in the said State ; and that he be empowered to im- press teams and carriages for removing the said stores, in case of necessity, and that he be allowed the sum of two hundred pounds per annum for his trouble and expenses in performing the duty aforesaid. Resolved, That the said Colonel Lasher be and he here- by is directed and empowered to cause the row gallies in Hudson's river to be repaired immediately, and that he keep an account of the expense thereof, to be charged to the United States. Resolved, That Christopher Bancker, Esquire, be and he herebv is appointed commissary of prisoners within this State, and that he be allowed the sum of two hundred pounds per annum as a salary for the said office. Resolved, That David Currie be and he hereby is appoint- ed commissary for supplying the troops of this State with such articles not allowed them by the Commissary-General as they may stand in need of; that the said commissary purchase the said articles and vend them to the troops at such price as will pay the priine cost and all charges there- on ; and that the said commissary be allowed the sum of three dollars per day for his trouble and expense. Resolved, That Charles Sprainger, captain of the brig Mary, produce his account of wages, &c. to this day, against the said brig, to the Auditor of accounts of this State, who is hereby directed to audit the same ; whereupon the Treasurer shall pay the amount thereof, and take a receipt therefor, taking an order from the said Charles Sprainger on the said brig for the amount of the sum so paid. The committee appointed and empowered to appoint a commissary for the disaffected prisoners, informed the Con- vention that they have appointed Mr. Giles. Their instruc- tions to Mr. Giles were read and approved. Whereas divers persons in this State, unmindful of the duties they owe to the public, have, against the resolutions of this Convention, heretofore made and published, inocu- lated with the small pox a number of persons, in houses situated so near to public highways as to endanger the health and safely of travellers through the same : Resolved, That no person or persons inoculated, or having the small pox in the natural way, be kept in any house within the distance of one hundred yards from any public road or highway in this State ; and that every per- son or persons who shall inoculate any person, knowingly entertain or keep, at any house or houses situated within one hundred yards of a public road or highway aforesaid, any persons diseased or infected with the small pox, shall, for every offence, forfeit the sum of ten pounds, to be re- covered in any court of record in this State by any person who shall sue for the same ; and shall also be liable, for the said offences, to indictment and be fined, not exceed- ing ten pounds, at the discretion of the supreme court of this State, or any court of oyer and terminer and jail de- livery before whom the same shall be tried ; and in de- fault of payment of the said fine, to stand committed, without bail, to prison for three months. Ordered, That the aforegoing resolution be published. SATURDAY MORNING, May 10, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Mr. Roosevelt, Mr. Dunscomb, Mr. Bancker, Mr. Harper, Colo. Brasher, Major Van Zandt, Mr. Jay, Genl. Scott— New-York. Mr. Harper, Mr. Newkerk — Tryon. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Bleecker — ilbany. Mr. G. Livingston, Mr. Sacket— Dutchess. Mr. Stevens — Cumberland. Mr. Tredwell. Mr. Smith, Mr. Miller— Suffolk. Mr. Morris, Judge Graham, Mr. Tompkins— Westchester. Major Lawrence— Queens. Major Tappen, Major Parks, Col. De Witt— Ulster. Mr. Clarke, Mr. Wisner, Colo. Allison, Mr. Josa. Smith— Orange. A petition of Samuel Pugsley, of Westchester county, relative to some cattle of his, taken by the enemy and re- taken by a parly of our scouts, praying that they may be restored to him. A letter from Major Fish, as also a let- ter from William Paulding, Esquire, on the subject, were respectively read. And thereupon, Resolved, That the said petition be referred to the com- missioners of sequestration, in Westchester county; and that they be directed to make diligent inquiry, and if they find the facts set forth in the petition to be true, that then they cause restitution to be made to the petitioner. Mr. Jay, according to order, delivered in the draft of an act or ordinance offering a free pardon to such of the de- luded subjects of this State as have been guilty of treason- able acts against this State, on their taking the oath of allegiance. The same was read and amended, and being again read, was unanimously approved of and agreed to, and is in the words following, to wit : " Whereas divers of the subjects of this State have been seduced from their allegiance to the same, by the arts of subtle and wicked emissaries from the enemy, and pre- vailed upon, by various and delusive promises, to leave their wives and children and join the army of the King of Great Britain, in direct violation of the great duties they owe to their country, their families and posterity : And whereas it hath been represented to this Convention, on the part of the said persons, that sundry of them having been deceived by the enemy, and instead of being pro- tected, have either been totally neglected, or compelled to take up arms for the express purpose of enslaving and de- stroying their fellow citizens, are become sensible of their error, and very desirous of returning to their allegiance, and participating with their countrymen in the enjoyment of the inestimable rights and liberties secured to the good JOURNAL OF THE PROVINCIAL CONVENTION. 021 people of this State by the constitution and government thereof: And whereas divers of the said persons, as well as others, who have been guilty of treasonable acts against this State, for fear of the punishment due to their respec- tive crimes, secrete themselves within the same : And whereas humanity directs that no means should be left unessayed to prevent the effusion of blood, and to give those an opportunity of reluming to their duty, who by wicked men may have been seduced therefrom : " This Convention do, therefore, in the name and by the authority of the good people of this State, ordain, de- termine, declare and proclaim, that all such of the said delinquents above described, as shall on or before the first day of July next, voluntarily appear before any magistrate or field officer of the militia of this State, and take the following oath of allegiance to this State, viz : " ' I, do most solemnly swear in the presence of Almighty God, that I will bear true allegiance to the Stale of New-York, and in all things do my duty as a good and faithful subject of the said State :' " Shall on producing a certificate thereof, under the hand of such magistrate or field officer, to the Council of Safety or Governor of this State, receive a full and free pardon of all and every treasonable acts and deeds by him heretofore committed against this State, and be restored to a participation of all the rights, liberties and privileges ap- pertaining to the good people thereof." Ordered, That the same be published, and that Mr. Loudon be directed to print 1,000 copies, in handbills, and that he send them to this place as soon as possible. Resolved, That Egbert Dumont, Esquire, appointed she- riff of Ulster county, be excused from executing the prison- ers in Ulster county jail, under sentence of death, he pledg- ing his honour to use his utmost endeavours to procure an executioner, if the same shall be necessary. Resolved, That Egbert Dumont, Esquire, sheriff of Ulster county, and John Thomas, Esquire, sheriff of West- chester county, be permitted to take the oaths of allegiance and of office before the President of this Convention. They were both called up and sworn accordingly. The resolutions for abolishing quit rents, were read, and the consideration thereof postponed till afternoon. Saturday Afternoon, May 10, 1777. The Convention met pursuant to adjournment. Present — Genl. Ten Broeck, President. Mr. Roosevell, Mr. Harper, Mr. Dunscomb, Mr. Bancker, Colo. Bra- sher, Genl. Scott, Mr. Jay, Major Van Zandt — New-York. Major Lawrence — Queens. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Bleecker — Albany. Mr. Sackett, Mr. G. Livingston — Dutchess. Mr. Harper, Mr. Newkerk — Tryon. Colo. De Witt, Major Parks, Major Tappen— Ulster. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Judge Graham, Mr. Morris, Mr. Tompkins— Westchester. Mr. Stevens — Cumberland. Mr. Wisner, Mr. Josa. Smith, Mr. Clarke — Orange. A letter from General Gates, dated yesterday, at Albany, informing that he at present sees no reason for abandoning any part of the post of Ticonderoga, and believes it will be as safe this year as the last, was read. A letter from the committee of Albany informing Con- vention of their perplexities in consequence of their suc- cesses in apprehending tories : their jails are full, and the inhabitants are apprehensive that the jail distemper will soon take place ; they therefore request the direction of Convention ; was read. Both letters were committed to Messrs. Jay and Morris. Resolved, That Mr. Philip Leake be directed to pur- chase at the cheapest rate he can, for the use of the troops belonging to this State, as many shoes and woollen stock- ings as he can procure, and that he deliver the same to the commissary of the clothing store belonging to this State, 231 at Fishkill, and take a receipt for so much as he shall deliver. Ordered, That the Treasurer of this State advance to Mr. Philip Leake, the sum of two hundred pounds, on ac- count of shoes and woollen stockings to be purchased pur- suant to an order of this Convention of this day, for the use of the troops of this State, and that the said Treasurer deliver the said sum to Daniel Dunscomb, Esquire, to be by him conveyed to Mr. Leake, and take his receipt for the same. Mr. Wisner having informed this House that he com- pleted two powder mills in the month of May last, upon the encouragement formerly given, whereby as he con- ceives he was equitably entitled to the receipt of two thou- sand pounds, on a loan, without interest for two years, at the same time offered to accept of the sum of seventy pounds, conditioned lhat he produce the proper proofs re- quired by the said resolution on that subject. Resolved, That the Treasurer of this State pay to Mr. Wisner the said sum of sevenly pounds, and take his re- ceipt for the same, on condition, nevertheless, lhat Mr. Wisner be held to repay the same until he shall produce to the future Legislature of this State, sufficient proof of such erections as aforesaid. Whereas it hath been represented to this Convention, that divers of the inhabitants of the county of Cumberland, who are desirous of continuing the subjects of this State, are, from divers reasons, incapable of exerting themselves in the general defence, particularly from the want of proper officers : Therefore, Resolved, That it be recommended to such inhabitants to associate as follows, to wit: " We the subscribers, subjects of the State of New-York, do associate together for the defence of the United States against the King of Great Britain, as follows : First. We will choose our of- ficers by vote of the majority in each respective company or regiment. Secondly. We will obey such our officers, as other the militia of the said State. Thirdly. The names of the said officers shall be transmitted to the go- vernment of the said State, and to the general in the north- ern department. Lastly. That this association shall con- tinue in force until revoked by proper authority." Whereas it hath been suggested to this Convention, that the county committee of the county of Cumberland cannot be collected together but with great difficulty : Resolved, That such of the members of the said county committee as on due and regular notice for the convening of the said committee, shall meet, be authorized to proceed to business. DIE S ABB ATI, 10 ho. a. m. May 11, 1777. The Convention met pursuant to adjournment. Opened with prayer by the Reverend Doctor Rogers. Present — General Ten Broeck, President. Mr. Roosevelt, Mr. Dunscomb, Major Van Zandt, Mr. Bancker, Ge- neral Scott, Mr. Harper, Mr. Jay, Colo. Brasher, Mr. Robert Harper — New- York. Mr. Win; Harper, Mr. Newkerk — Tryon. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Bleecker— Albany. Mr. Sackett, Mr. G. Livingston — Dutchess. Mr. Stevens — Cumberland. Mr. Miller, Mr. Wm. Smith, Mr. Tredwell— Suffolk. Mr. Morris, Mr. Tompkins, Judge Graham — Westchester. Colo. De Witt, Major Tappen, Major Parks— Ulster. Mr. Wisner, Mr. Clarke — Orange. A letter from Genl. George Clinton, dated the 9th inst. at Fort Montgomery, requesting leave of Convention to resign his commission of brigadier-general of the militia of Ulster and Orange counties, for reasons assigned in the said letter ; and enclosing the copy of a letter from General 922 JOURNAL OF THE PROVINCIAL CONVENTION. Washington to General Clinton, on the proceedings of the court martial, in the case ot" Captain Martin, and those of several other persons charged with treasonable practices, was read, together with the papers enclosed. A warrant from Brigadier-General Geo. Clinton, signed by his order by Albert Pawling, brigade-major, directed to Colonel Jacob Hornbeck, for the execution of William McGinnis, and the other culprits whose sentences have been confirmed by the Convention, at such time and place as the Convention shall appoint, was also read. The proceedings of a court martial held on sundry days and times therein mentioned, from the 2nd to the 6th days of May instant inclusive, at Fort Montgomery, for the trial of Jacob Davis, Andries Longyear, Samuel Freligh, Fre- derick Keyser, Thomas Crispel, Johannes Keyser, William Wood, Abraham Middagh, Cornelius Samuels, William Calder, Lodowick Seely, Walter Stouter, John Low, James Merkle, Edward Wood, Edward Wood, Junior, and Jonathan Oakley, for treasonable practices against the Stale, were also read as follows, to wit : " Fort Montgomery, May 2nd, 1777. " The court met according to adjournment. " Present — Colonel Lewis Dubois, President. "Capt. Stewart, Capt. Lee, Capt. Beveir, Capt. Tilford, Capt. Har- denbergh, Capt. Hasbrook, Capt. De Wilt, Capt. Schoonmaker, Capt. Concklin, Lieut. Post, Lieut. Hunter. " Henry Godwin, captain, Judge- Advocate. " A majority of members appearing, the court adjourned till ten of the clock to-morrow morning. " Court met. "Present — Colo. Dubois, President. " Capt. Stewart, Capt. Lee, Capt. Beveir, Capt. Tilford, Capt. Has- broock, Capt. De Witt, Capt. Concklin, Capt. Schoonmaker, Lieut. Furman, Lieut. Post, Lieut. Hunter, Lieut. Chambers. " Captain Godwin, Judge- Advocate. " Lieutenant Furman and Lieutenant Chambers, sworn as new members, in the room of those absent. " Jacob Davis, brought before the court, and charged with the following crimes, to wit : " 1st. With levying war against the United States of America. " 2ndly. For being an enlisted soldier in the service of the King of Great Britain. " 3rdlv. For having enlisted men in the service of said King. " To the first charge he pleads guilty ; to the 2nd and 3rd charges not guilty. " The prisoner being examined, says, ' That he came to Alexander Campbell's house with Rose and his party, and was in there ; that Campbell appeared to be friendly ; that he thinks that Campbell carried them to a brush fence, about a half mile from Campbell's house, where they were safe, and lay there one whole day ; that Campbell's wife brought out rum to them twice ; that Campbell came to them in the afternoon, and informed them that the militia were gone ; that they lay at the fence till dark ; that then Rose and his party went to Campbell's house, and Campbell's wife gave them a pail of buttermilk pap ; that she gave it gratis ; that then they went to Arthur McKinney's barn ; that he believes it was cither Campbell or McKinney lhat piloted them to the barn at night ; that in the morning Arthur McKinney and his wench brought them suppaan and milk ; that McKinney and Jacobus Rose talked together, but did not hear what they said. James Jones, Samuel Freligh, and a regular officer came to them in William Wood's barn, and was also in Wood's house, and stayed at Wood's ; that Daniel Erwin took down all their names in the mountains with their voluntary will ; that he had a gun loaded with powder and ball.' " The prisoner being examined the second time, says, ' That Rose told him that Wouter Stouter piloted them to the creek.' " A further examination of the prisoner taken before the committee of Schougour, Cornelius Schoonmaker, Junior, chairman, being read before the court, the prisoner confesses every fact contained in said examination, a copy whereof is annexed hereunto. " The prisoner further says, ' That Peter Misiner, a neighbour of his, said he would go along with him, but his wife would not let him ; that he heard lhat Christian Winner was gone to Little Shandaken to get men ; that they got rum at Jacobus Bushe's, at Shokan ; that Jacobus Bushe's son Peter, went with them ; that his brother Jacobus was known to their going ; that Frederick Bush, at Shokan, went along to help them over Esopus kill ; lhat Rose told him that the Widow Beveir and Widow Graham, were their friends ; that he heard that Daniel Contine was a friend to the King ; that Peter Winner, Hendrick Hen- ning, Frederick Row, at Little Shandaken, Jacob Furlong, and Wilhelmus Marrual, at Great Shandakan, were also friends to the King of Great Britain.' "Andries Longyear, being brought before the court on the three before mentioned charges, pleads generally not guilty. " An examination of the prisoner, taken before the before mentioned committee, being produced to the oourt, and read in the presence of the prisoner, the prisoner confesses every fact contained in said examination, a copy whereof is annexed hereunto ; and further says, that he thinks it was either Campbell or McKinney that brought them to McKinney's barn ; that his father, Jacob Long- year, did not try to prevent him from going with Rose to the regulars ; that he had a gun loaded with powder and ball ; lhat he loaded his gun because the rest loaded theirs ; that he thinks Trawiliger was shot with a pistol ; that Daniel Erwin had a pistol ; that Richard Oakley treated them with cider. " Samuel Freeligh was brought before the court on four charges : 1st. For levying war against the United States of America. 2ndly. For being an enlisted soldier in the service of the King of Great Britain. 3rdly. For enlisting men in the service of the said King. And 4thly. For aiding, assisting and giving comfort and being adherent to the enemies of the State of New- York while owing al- legiance to said State. " The prisoner confesses that James Jones and Silas Prumpore told him that he would get work at his trade in New- York ; that he was a wheelwright; that he agreed to go to New-York ; accordingly set out to go ; that he came to James Jones's house, and a man with a blind left eye was sitting in the house ; that he had on a speckled under jacket, brown surtout coat, blue woollen stockings, and strings in his shoes ; that he asked Jones where that fellow came from ; that he told Jones he was afraid that man would discover them ; that Jones told him that he did not know him ; that then he, Jones, and the one eyed man set out together in company ; as they were going along, he, the prisoner, asked the one eyed man what his name was, but the man would not tell him, but told him he came from the Mohawk river through Albany, where he passed for a shoemaker ; that the one eyed man had a bundle of letters with him ; that the one eyed man was about five feet ten inches high ; that said man told him he heard the regulars were across the lake, and the Indians were to come down; that one Butler was the head of them. That they all stop- ped at a mill at. night, and set out next morning ; at noon came to a house in the woods, where they got a man who piloted them over a creek — the name of the place he thinks, was Hurly — and went on with them further, till night ; that they laid down in the wood all night, and in the morn- ing one Jacobus Seeny with a thick man came to them, but went away again ; that they staid at that place all day ; lhat at night said Seeny came to them again with six or seven more men ; that then they all set out together to William Wood's house, where they met Rose and his party, where thev staid till next night when Rose brought another party to them ; that they staid that night at Wood's, and in the morning set out till they came to a house where Rose called the men in to take down their names ; that they all JOURNAL OF THE PROVINCIAL CONVENTION. 923 gave in their names but him and James Jones ; that the man that wrote down their names was a schoolmaster ; that lie thought it was a pistol Trawiligar was shot with ; that they came to Alexander Campbell's ; that then he and Jones and the one eyed man went and sat under an apple tree ; that the one eyed man left them there ; that he saw Campbell come to the one eyed man and take him with him to his house ; that then he and Jones went into Mc- Kinney's barn where Rose and his party lay all night ; and that he eat suppaan and milk in McKinney's barn ; that he left Rose and his parly in McKinney's barn with an intent to go home ; that being afraid of being taken up, he resolved to pass for a tradesman — accordingly applied for work at one Mr. Peck's, where he passed for a weaver, but could get no work there for want of a loom ; that he then went on and met a man and a boy with a wagon, who asked him where he was going, and he told them to look for work ; then went on, and was going past the Widow Gra- ham's house, when Lieut.^Clarke, an officer, called to him, and he went in and there enlisted with said Clarke in the Continental service. " Court adjourned till 5 o'clock this afternoon. " Court met. " Present — The President and members as before. " Frederick Keyser, being brought before the court on the following charges: Charge 1st. For levying war against the United States of America ; 2nd. For being an enlisted soldier in the service of the King of Great Britain ; 3rd. For having enlisted men in the service of the said King ; pleads generally not guilty. " The prisoner being examined says, that Rose sent for him and told him that this was the last time, and if he did not come, that he could not expect any mercy ; that an army was coming from the northward ; one from the east- ward, and one from the southward ; that the smallest child would be killed if he did not go down ; that every man that went along with the regulars should have a hundred acres of land ; that he met Rose at William Wood's ; that they had victuals at Wood's, brought by one Barber, a servant of said Wood ; staid at Wood's all night ; that he met the company at Wood's ; that there were 36, and Cornelius Samuels made 37 ; that he saw Wood in the morning, and gave him his hand, and bid him farewell ; believes Wood knew where they were going ; from Wood's went to Seely's, where Lodowick Seely joined them. Says that when they were in Wood's barn, a High Dutch doctor came into the barn ; that when they came to the side of the hill near to the Widow Beveir's, Rose and Middagh left them, and tarried away some time ; from there went to Cornelius Dubois's, and from there to the creek, or Wall- kill, where stood two sentries; that Rose told the sentries he would take them prisoners ; that they crossed the creek with one of the sentries, and left two or three on the other side with the other sentry ; that just as he came on the other side of the river he heard a pistol fired, and heard the noise of horses ; that Daniel Erwin had a pistol and no other person in company had one to his knowledge ; that they then marched to a little house in a field a small distance from the road ; that from thence they went and lay in the woods ; that the next day they went to a little log house where they got suppaan and milk ; that he be- lieves the man's name is McKinney ; that he had a gun loaded with powder and ball ; that he took powder and ball from home ; that he went with Rose till they were fired upon by the militia. " The court adjourned to ten o'clock to-morrow morning;. " Court met. " Present as before. "Thomas Crespell brought before the court on the three last mentioned charges ; pleads generally not guilty. '• The prisoner says he was along with Rose ; that he was persuaded to go by Jacob Middagh ; that he had a gun loaded with powder and ball ; that he was along with Rose till they were fired upon by the militia in the mountains ; that then he was afraid, and separated from Rose's party, and was determined to go home and be as good a friend as he was before ; that Rose and Middagh told him, when they talked with him, that he would be shot down, or taken up and hanged, if the whigs took him ; that on his way home he gave himself up to a man with a gun. He further says, that he heard that Wouter Stouter was to pilot them over the Wallkill creek. " Peter Bush, brought before the court on the before mentioned 1st, 2d and 3d charges, pleads generally not guilty. " The prisoner says he was with Rose and his parly ; that he had a gun loaded with powder and ball ; that Richard Oakley gave them provisions ; that he staid with Rose till they were fired upon by the militia in the mountains. "Jacob Furlong, brought before the court on the before mentioned 1st, 2d and 3d charges, pleads generally not guilty. " The prisoner being examined, confesses that he was with Rose and his party, persuaded by Jacob Middagh ; that Middagh told him that if he did not go he would bring his friends into trouble ; that if he went he would save his land, and have 100 acres of land and each child fifty acres ; that 500 Indians and white men would come down upon the inhabitants, and the regulars would come up as thick as sand ; that it would not be above a fortnight before the country would be destroyed, and says they got powder at Richard Oakley's ; that he remained with Rose and his party till they were fired on by the militia in the mountains. The prisoner alleges, in his defence, that he was deluded away ; that when he found his error, he set out to go home, and on his way gave himself up to some of the militia. " Johannes Keyser, being brought before the court on the same 1st, 2nd and 3rd charges before mentioned; to the first charge he pleads guilty ; to the 2nd and 3rd charges, not guilty. " The prisoner in his defence alleges that he was deluded by the persuasions of Rose, and one Petris De Witt's wife. Being further examined says, that he believes that Trawil- legar was shot by a pistol ; that it was the same man that had the pistol, that took down their names ; confesses that he was drafted to come down in the four months' service, with the militia to Fort Montgomery, before he went with Rose. "Teunis Van Vleet, being duly sworn, saith, that he, the deponent, understood that there was a number of men to come across the mountains, and the deponent sent word thereof (as there was no commanding officer,) to his neigh- bours ; that fourteen or fifteen of them gathered together, and placed a sentry at one Peter Deyoos's, one at a road that leads down out of the mountains by Isaac Low's, and another at one Dubois's ; that Frain asked who would go with him, and the deponent said he would go the first hour; that then the deponent and Frair went and sat down by an apple tree; that they sat there but a few minutes when they heard a noise amongst the apple trees ; that a party of men came up; Frair said, 'Who is there?' they answered, ' Friend ;' when they (the deponent and Frair) were immedi- ately seized and made prisoners; that when the deponent was seized and made prisoner, he, the deponent, was exa- mined as to the strength of the guard ; that the man that took hold of the deponent, told the deponent that he was Rose, and asked the deponent if he had not heard of Lieutenant Rose over the mountains, and that the deponent was his prisoner ; that Rose then ordered some of his men, and said to them, take care of this fel- low ; that in the mean time, Rose's men got into two ca- noes ; that Rose went up to Frair, and ordered him to be silent ; that the canoes at the same time were carrying over Rose's party across the kill ; that when the canoes came back they took Frair over the river; that just as the canoes struck the shore on the opposite side of the creek, the deponent heard somebody hallo out, ' Who is there V <>2l JOURNAL OF THE PROVINCIAL CONVENTION. the other said, ' A friend ;' that then the deponent heard a gun or pistol fired, and saw the flash, and heard a great rout amongst Rose's party ; that then the party that kept the deponent under guard at that time, wanted the canoes over, but the canoes did not come, on account of the rout ; they halloed for them ; that when the canoes struck on the side where the deponent was under guard, the men were in such a hurry that lie, the deponent, made his escape, and ran up to the house to warn the guard ; that then the de- ponent and the guard ran down to the creek ; when they came there, Rose's party were all of them across the creek; that the deponent told the guard of his hearing the gun fired, but they would not believe it ; that one of them went to Mr. Graham's, who told them that he heard the re- port of a gun as he lay in his bed ; that then the deponent and the guard concluded the best way would be, to mount a horse to warn the guards in the other places before men- tioned, which they did ; then they went down to the creek and got a canoe to go to Mr. Elting's ; there they got a horse and man, and sent him down to Newburgh, express, to warn the inhabitants of this party's going that way ; when they came there, at Elting's, Lieutenant Trawiligar had been there, and that he and another man took two horses, and said Trawiligar was wounded in the arm ; that when the deponent was under guard at the creek, the party that kept him told the deponent that he was their prisoner, and should go with them ; that Rose, when he first seized the deponent, told him that he had fifty-eight men, well armed, and did not care a damn for the guard, and further sailh not. " Court adjourned till three o'clock this afternoon. " Court met. " Present — The President and members as before. " Court adjourned till ten o'clock to-morrow morning. " May 4. " Court met according to adjournment. ' Preseni — Colo. Dubois, President. " Capt- Beveir, Capt Johnson, Capt. Tilford, Capt. Hasbrouk, Capt. De Witt, Capt. Concklin, Capt. Schoonmaker, Lieut. Paulding, Lieut. Furman, Lieut. Post, Lieut. Hunter, Lieut. Chambers. " Judge Advocate, "Capt. Johnson and Lieut. Paulding sworn as members in the room of Capt. Stewart and Capt. Lee. " William Wood, brought before the court for aiding and assisting, holding correspondence with, and giving comfort to the enemies of the State of New-York whilst owing allegiance to the laws of said State, pleads guilty. " The prisoner in his defence, says, that Rose and his party came unawares upon him, that he did not know of their coming ; that he was very surprized when they came upon him ; that he was glad to hear of his son ; pleads ignorance of the resolution of Convention of 16th July, 1776, &c. " Richard Oakley, brought before the court on the last mentioned charges, pleads guilty. " The prisoner in his defence, says, that he gave pow- der to Rose's party ; that he knew William Ore, the sad- dler ; has nothing further to say, only begs the mercy of the court. "Abraham Middagh, brought before the court on the following charges : " 1st. For levying war against the United States of America : 2nd. For being an enlisted soldier in the ser- vice of the King of Great Britain : 3rd. For enlisting men in the service of said King : 4th. For giving aid and as- sistance, being adherent to, and secreting the enemies of said States, pleads generally, not guilty. " The prisoner being examined, says, that he knew that Jacob Middagh was there ; that he found Middagh in the woods ; that Middagh asked him to go along to Shokan ; that he went with Middagh to Frederick Bushe's house; that Bush was not at home ; that he went with Jacob Mid- dagh to Hendrick Bushe's, Frederick Bushe's, Jacobus Bushe's, Jacobus Davis's, Hendrick Crespell's, Samuel Davis's, Jacob Furlong's, Jacob Longyear's and Christian Winner's ; that he was going to one John Crespell's for corn, and came across Jacob Middagh, who took him with him every where he went, and would not let him go ; that he knew he did wrong. " Cornelius Samuels being brought before the court, pro- duced a certificate setting forth that Cornelius Samuels, in consequence of his open confession made before this Con- vention, is by the said Convention pardoned for the crimes wherewith he stood charged, and for which he was appre- hended and brought before said Convention, and is there- fore discharged and permitted to return to his usual place of abode, he having likewise taken the oath of allegiance to this State. " By order, " ROBERT BENSON, " Secretary. " The court after hearing the before mentioned certificate read, came to a resolution to acquit the said Cornelius Sa- muels, and do therefore acquit him accordingly. " Cornelius Samuels, being duly sworn, saith : That just before this deponent and Rose came to the Widow Be- veir's, they met three men, to wit : Andries Keyser, Johan- nes Keyser, and he believes Frederick Keyser, and Rose asked them whether Wouter Stouter was home ; and they said Stouter was not at home, but would be home in the evening. Then they went alone within half a mile of Wi- dow Beveir's, and staid there till it was dark ; then went to near the widow's house, where Rose ordered them to stay, and then went away to the house to see whether Stouter was at home. Then Jacobus Rose came to them again, and ordered them to march to Slouter's house, and the de- ponent believes that Stouter joined them there ; that the de- ponent saw Stouter at the creek ; that Jacobus Rose called Stouter by name, and Stouter answered to it ; that the de- ponent went over with the last canoe ; that Jacobus Rose and Sylvester Vandemark were of the party that kept one of the sentries ; that when they were coming through the apple trees, they were hailed, ' Who is there ?' ' A friend,' said Jacobus Rose. Then the guard said, ' If you are a friend then come on,' (or words to that effect). That one one of the sentries wheeled off, as there was a large com- pany with them ; that Jacobus Rose said that the sentry was his prisoner, and then Rose left him and went to the other sentry, and told him he was his prisoner ; but the sentry told Rose that he would not be taken prisoner by them. Then Rose look his gun from him and put him in the canoe, and took him over the creek ; that the other sentry staid with this deponent and others on that side of the creek ; that Wouter Stouter crossed the creek with the party till near the King's road ; and further says not. " The court adjourned till two o'clock this afternoon. " Court met according to adjournment. " Present — The President and members as before. " William Calder and Lodowick Seely brought before the court on the three before mentioned charges ; 1st. For levying war against the United States of America ; 2nd. For being an enlisted soldier in the service of the King of Great Britain ; 3rd. For enlisting men in the service of said King ; plead generally not guilty. " Lodowick Seely being examined, confesses that he was with Rose till the guard came after them and fired upon them in the clove on the hill ; that when he came near the kill where the sentries hailed them, he heard Rose say that one Wouter was their guide to the kill ; says that he was going with Rose to New-York. " William Calder confesses that he went with Rose to the Widow Graham's ; believes Wouter Stouter was the pilot that piloted their men to the creek ; that he (the pri- soner) had a gun loaded with powder and ball, which he brought from home ; that he joined Rose at William Wood's ; that they got pork and bread at said Wood's. JOURNAL OF THE PROVINCIAL CONVENTION. 925 " Walter Stouter, brought before the court on a charge for aiding, assisting, and being an adherent to the enemies of the Stale of New- York, whilst owing allegiance to the laws of said State, pleads guilty. "The prisoner in his defence says, that he went with Rose and his party to the kill and left him ; that he found his conscience began to prick him, and he left Rose ; that he durst not discover them to his neighbours ; that he found himself so guilty he was afraid to do it ; that Rose came to him and said to him, ' You must pilot me to the creek,' and at first refused, but that the devil possessed him in such a manner that he consented, and piloted them to the kill. " John Low, brought before the court on the last before mentioned charge, pleads not guilty. " The prisoner being examined, confesses that the High Dutch doctor came to his house ; that he knew of his be- ing with the enemy ; that he told him of his fault and left hiin ; that the doctor told him that he would be a friend to the country, but durst not make himself known ; that Ed- ward Wood, Junior, got his provision from his father's house, Edward Wood's ; that the Dutch doctor eat with them. " James Merkle and John Stokes were brought before the court, and charged with, 1st. Levying war against the United States of America ; 2nd. For being an enlisted sol- dier in the service of the King of Great Britain ; 3rd. For enlisting soldiers in the service of the said King, to which charges they plead generally not guilty. " James Merkle being examined, says he was with Rose and his party ; that he had a gun loaded with powder and ball ; that he was with Rose at the mountains in the clove, where they were fired upon ; that he was in the party that kept Tennis Van Vleet under guard, at the river. " John Stokes says that he had a gun, but not loaded ; had powder and ball with him ; that he was drafted to come down in the 4 months' service, in Capt. Hasbrouck's company ; that he went with Rose to the mountains be- fore mentioned. " Edward Wood, brought before the court for aiding, and assisting, and giving comfort to the enemies of the State of New-York, pleads not guilty. "Edward Wood, Junr. brought before the court on the last mentioned charge, pleads not guilty. " The prisoner being examined, says that the High Dutch doctor came in to Wood's and complained that his feet were swelled and wanted to be with them, but he did not like it, and would not let him be with them ; and there- fore went and left that cave and went to another ; that the doctor followed him there and insisted on being with them, but he says he did not like it ; that he knew him to be a bad man ; that the doctor said he had had a chance for his life by trial ; that if he thought he could be pardoned by the Americans he would enlist in the Continental service ; then they went into the cave ; that the doctor eat with him till he was taken. He says he never examined the doctor as to his being in New-York, for he took him to be a bad man and would not hold any discourse with him. " Court adjourned till to-morrow morning. " Court met. " Present — The President and members as before. " Court adjourned till two o'clock this afternoon. " Court met. " Present — The President and members as before. " Court adjourned till to-morrow morning. " Court met. " Present — The President and members as before. " Jonathan Oakley, charged with the last before men- tioned charges, pleads not guilty. " No evidence appearing before the court against John Low, Edward Wood, Edward Wood, Junr. and Jonathan Oakley, they were acquitted. " The court then taking into mature consideration the 232 several charges against the several prisoners ; the evi- dence against them, and confessions of said prisoners, do " Resolve, That Jacob Davis, Andries Longyear, Frede- rick Keyser, Thomas Crispell, Peter Bush, Jacobus Fur- long, Johannes Keyser, William Calder, Lodowick Seely, James Merkle and John Stokes, are guilty of the first charge alleged against them for levying war against the United Slates of America, in the State of New-York, whilst owing allegiance to the laws of said Slate; but that the said Jacob Davis, Andries Longyear, Frederick Keyser, Thomas Crispell, Peter Bush, Jacob Furlong, Jo- hannes Keyser, William Calder, Lodowick Seely, James Merkle and John Stokes, are not guilly of the second and third charges alleged against them; and that Samuel Fre- ligh and Abraham Middagh are guilty of aiding, assisting, giving comfort, and being adherent to the enemies of the State of New-York, in the State of New-York aforesaid, whilst they owed allegiance to the laws of said State ; but do " Resolve, That the said Samuel Freligh and Abraham Middagh, are not guilty of the first, second and third charges alleged against them : and further, " Resolve, That William Wood, Richard Oakley and Walter Stouter are guilty of aiding, assisting, giving com- fort to and being adherent to the enemies of the State of New-York, in the said State of New-York, whilst they owed allegiance to the laws of the said State ; and do adjudge that Jacob Davis, Andries Longyear, Frederick Keyser, Thomas Crispell, Peter Bush, Jacobus Furlong, Johannes Keyser, William Calder, Lodowick Seely, James Merkle, John Stokes, Samuel Freligh, Abraham Middagh, William Wood, Richard Oakley and Walter Stouter, do suffer the pains and penalties of death, by being hanged bv the neck till they are dead. " The court having considered the condition of Jacob Davis, Andries Longyear, Thomas Crispell, Peter Bush, Johannes Keyser, James Merkle and William Calder, and in consequence of their apparent distress, open confession and promise of future obedience to the laws of the State of New-York, do recommend them for mercy. " The court having examined the proceedings, do order them to be signed bv the president. " LEWIS DUBOIS, Colo. President. " Capt. Henry Goodwin, Judge Advocate. " Examination of Jacob Davis, who saith, that on Wed- nesday, the 23rd instant, Jacob Middagh, came to his father's house and asked him whether he would not go along with him to New-York to join the regulars, to which he consented and agreed to go with them, and immediate- ly proceeded to get ready ; and that his father provided him with provisions and other necessaries he wanted on his march ; and that they went that night as far as Shokan ; and that next day they marched to near Marbletown, at Jagh Crepplbos, and stopped a little at Abraham Mid- dagh's, and went from thence to Richard Cackley's, where they came at about nine o'clock in the evening and tarried some time at his house, and then went along as far as Wil- liam Wood's in the Cocksing Clove, where they met with Samuel Freligh, James Jones and a regular officer, who told them they were going with them in the morning, and that they lodged that night at said Wood's, and in the morn- ing crossed the mountains together, to near the Widow Be- vier's, in the New-Pallz precinct, when Lieut. Jacobus Rosa and Jacob Middagh, went to the widow's and shortly after returned, and then they went along and was piloted by Wouler Sluyter, to Cornelius Dubois's, at the Wallkill, and across it, when they took Jacob Freer and Tennis Van Vleit ; and after some discourse between Lieut. Rosa and said Van Vleit, Lieut. Rosa, let him go, and said th.it Van Vleit was a good man, and that he would not keep him prisoner, and marched on that night as far as Alleck Campbell's, where they tarried that day ; in the evening went a little further to a barn of Arthur McKinney, where they lodged that night, and tarried thereabouts the next day and night ; that while they were there Samuel Freligh, 926 JOURNAL OF THE PROVINCIAL CONVENTION. James Jones and the regular officer went to Major Col- den's, and after some time, Samuel Freligh returned again and told them that Major Colden told him that he thought it was impossible for their company to get through to the regulars on account of the guards ; and from that time he saw no more of Samuel Freligh, James Jones and the regular officer ; and Monday morning went on their journey, and about twelve o'clock got on a large hill at or near the clove, where they were attacked by the militia, and that him and four more made their escape ; but three of them did not come far back with them in company, and that he did not know what had become of the rest of the company. " Examination of Andrew Longyear, who sailh that on Wednesday, the 23rd instant, Jacob Middagh and another, came to his father's house and asked him to go along with him to New-York to the regulars, for the regulars would come up this way soon, and they would then come along with them and drive the inhabitants before them, and lake their estates from them ; then concluded to go along with them, and got himself ready and went with them to Samuel Davis's, and his son Jacob joined us, and that night went as far as Shokan, and on Thursday they went along to near Marbletown, and in the night went to Richard Oakley's, where they tarried some time, and from thence to William Wood's, in Cocksing clove, where they joined Lieut. Ja- cobus Rosa." The proceedings of the said court martial were then read by parts. 1st. The proceedings against Jacob Davis, tried on three charges, viz: 1st. With levying war against the United States of America. 2nd. For being an enlisted soldier in the service of the King of Great Britain; and 3rd. For having enlisted men in the service of the said King while owing allegiance to the said State. 2nd. The proceedings against Andries Longyear, charged with the like crimes. 3rd. The proceedings against Thomas Crispell, charged with the like crimes. 4th. The proceedings against Peter Bush, charged with the like crimes. 5th. The proceedings against Johannes Keyser, charged with the like crimes. By the said proceedings it appears that the said several culprits are respectively found guilty, and adjudged to suffer the pains and penalties of death by being hanged by the neck until they are dead. The same proceedings and sentences being severally, and each by itself considered and determined, the Con- vention does approve of, ratify and confirm the said several sentences. And whereas this Convention think it their duty in some cases, by extending mercy to mitigate the rigor of justice, and the said several persons being by the said court martial recommended to mercy, in consequence of their apparent distress, open confession and promise of future obedience to the laws of the State of New-York : Therefore, Resolved, That the President, in the name, and by the authority of this Convention, do issue a pardon to each of them, the said Jacob Davis, Andries Longyear, Thomas Crispel, Peter Bush and Johannes Keyser, of the crimes whereof each of them respectively has been convicted as aforesaid. The proceedings of the said court martial against the following persons were then read, to wit : 1st. The proceedings against Samuel Freligh, tried on four charges, viz : 1 st. For levying war against the United States of America. 2nd. For being an enlisted soldier in the service of the King of Great Britain. 3rd. For enlist- ing men in the service of the said King ; and 4lh. For aiding, assisting, and giving comfort, and being adherent to the enemies of the Stale of New- York, while owing allegiance lo the said State, together with the confession of, and testimony against, the said Samuel Freligh, and sentence of the said court martial thereon, were respectively read. The proceedings of the said court martial against the said Frederick Keyser, on the said three first above men- tioned charges, with the confession of, and testimony against, the said Frederick Keyser, and the sentence of the said court martial thereon. The proceedings of the said court martial against the said Jacob Furlong on the said three first above mentioned charges, with the confession of, and testimony against, the said Jacob Furlong. The proceedings of the said court martial against the said William Wood, charged with aiding and assisting, and holding correspondence with, and giving comfort to the enemies of the Stale of New-York, whilst owing alle- giance to the laws of the said Stale, together with the de- fence of ihe said prisoner, and the evidence against the said prisoner, with the sentence of the said court martial thereon. And the proceedings of the said court martial against Richard Oakley, charged before ihe said court mar- tial with the crime last above mentioned, together with the defence of the said prisoner, and the sentence of the said court martial thereon, were each respectively read. By the proceedings of the said court martial, it appears that the said Samuel Freligh is found guilty of aiding, assisting, giving comfort and being adherent to the enemies of the State of New- York, in the State of New-York aforesaid, whilst he owed allegiance to the said Stale; and is acquitted of the first and third charges against him. That the said Frederick Keyser and Jacob Furlong are found guilty of the first charge alleged against them, for levying war against the United Slates of America, in the Slate of New- York, whilst owing allegiance to the laws of said State ; and are acquitted of the second and third charges alleged against them. That the said William Wood and Richard Oakley are guilty of aiding, assisting, giving comfort to and being adherent to the enemies of the State of New-York, in the said Stale of New-York, whilst they owed allegiance lo the laws of the said Stale. Wherefore the said Samuel Freligh, Frederick Keyser, Jacobus Furlong, William Wood and Richard Oakley are respectively adjudged lo suffer the pains and penalties of death, by being respectively hanged by ihe neck until they are dead. The said several sentences being severally, and each by itself, considered and determined, the Convention does approve of, and ratify and confirm the said several senten- ces. Mr. Jay, Mr. Clarke, Mr. Brasher, Mr. Tompkins, Mr. Wisner, Mr. Van Zandt, Mr. Sackelt, Mr. Roosevelt, Mr. Miller. Mr. William Harper dissent from the con- firmation of the sentence against William Wood. But this Convention, willing further to mitigate the rigour of justice and extend mercy, Resolved, That the said Samuel Freligh and Jacob Furlong be respectively pardoned of ihe crimes whereof each of them respectively has been convicted as aforesaid. The proceedings of the court martial, relative to John Low, Edward Wood, Edward Wood, Jr. and Jonathan Oakley, whereby they are acquitted, were also read. The same being considered, the Convention do approve of and confirm the said determination of the court martial, as to the said John Low, Edward Wood, Edward Wood, Junr. and Jonathan Oakley. Ordered, That the President transmit to Colonel Horn- beeck General Clinton's order, by express ; and inform that Convention have resolved and ordered that some of the culprits shall be executed on Tuesday next, between the hours of ten o'clock in the morning and four in the af- ternoon, and request him to have his guards ready, agree- ably to the general order for the purpose, to see execution done. Ordered, That Egbert Dumond, Esquire, high sheriff of Ulster county, have permission lo go on board of all the JOURNAL OF THE PROVINCIAL CONVENTION. 927 vessels at the Landing at his pleasure, or to send any per- son on board, who shall be the bearer of a copy of this order, to endeavour to obtain an executioner. Adjourned till 4 o'clock, P. M. Die Sous, 4 ho. P. M. May 11, 1777. The Convention met pursuant to adjournment. Present — Genl. Abm. Ten Broeck, President. Genl. Scolt, Colo. Brasher, Mr. Robt. Harper, Mr. Dunscomb, Mr. Bancker, Mr. Jay, Mr. Roosevelt— New-York. Mr. W. Harper— Tryon. Genl. Ten Broeck Mr. Abm. Yates, Jr. Mr. Bleecker— Albany. Mr. Sackelt— Dutchess. Colo. De AVitt, Mr. Tappen, Major Parks— Ulster. Mr. Miller, Mr. Tredwell, Mr. W. Smith— Suffolk. Judge Graham, Mr. Morris, Mr. Tompkins— Westchester. Mr. Wisner — Orange. Mr. Miller having departed while the names of the members were entering, and Mr. Clarke being absent, for want of a quorum the House adjourned till to-morrow morning. MONDAY MORNING, May 12, 1777. The Convention met pursuant to adjournment. Opened with prayer by the Revd. Doct. Rogers. Present — General Ten Broeck, President. Mr. Jay, Mr. Bancker, Mr. Roosevelt, Mr. Harper, Capt. Rutgers, Mr. Beekman, Mr. Dunscomb, Colo. Brasher, Genl. Scott — New-York. Mr. Harper, Mr. Newkerk — Tryon. Genl. Ten Broeck. Mr. Abm. Yates, Mr. Bleecker — ilbany. Mr. Tompkins, Judge Graham — Westchester. Mr. Tredwell, Mr. Miller, Mr. Smith— Suffolk. Mr. G. Livingston, Mr. John Schenk, Mr. Sackett — Dutchess. Major Tappen, Major Parks, Colo. De Witt— Ulster. Mr. Clarke, Mr. Wisner— Orange. Ordered, That the President write to Robert Yates and John Sloss Hobart, Esquires, informing them of their being appointed puisne judges of this State, and requesting their immediate attendance at this place to take the oaths of office. Mr. Jay reported the following resolutions and drafts of letters, in answer to the letters from the committee of Al- bany and General Gates, received the 11th instant, which were respectively read and agreed to, and are as' follows, to wit : " Whereas it hath been represented to this Convention by the commiltee of the city of Albany, that the jails of the said city have lately become crowded by a number of dangerous and disaffecled persons, many of whom have lately been apprehended in arms, and confined in ihe said jails : And whereas the said commiltee have requested the advice and direction of this Convention respecting the best manner of disposing of the said prisoners, and such others as may be sent to the said jail, so as that they may be accommodated in a manner more comfortable lo them- selves and less burdensome to the inhabitants, who have been obliged to guard the said jails : Resolved, That the committee of the city and county of Albany, or their sub-committee, be, and they hereby arc, authorized at their discretion to prepare any two or more vessels in Hudson's river, near the said city, for the recep- tion of all such prisoners as they may think proper to con- fine on board the same ; to appoint a commissary to pro- vide them with necessary subsistence and a proper guard lo take care of them. Resolved-, That this Convention will defray the expense attending the execution of the aforegoing resolution. Resolved, That every person who shall be found on shore after having been confined on board of the said ves- sels, or either of them, without having been properly dis- charged, shall be deemed guilty of felony without benefit of clergy. Resolved, That no person be permitted to go on board the said vessels without the leave or order of the said com- mittee. " May 12, 1777. " Sir — Your letter of the 9th instant has been laid be- fore the Convention. They are happy to be informed that the insurrections in your county are so nearly suppressed. The Convention hope the enclosed resolutions will be agreeable to the committee, and I am directed to assure you that the Convention will at all times adopt such mea- sures as may conduce to the ease and prosperity of the citizens of Albany. " I am, &c. " To the Chairman of the city of Albany." " May 12, 1777. " Sir — The Convention have received your favour of the 9th inst. Your opinion that it will not be necessary to abandon any post of Ticonderoga, gives them great plea- sure, and I am directed to assure you lhat the exertions of this State shall not be wanting to render your efforts in the common cause successful. " I have the honour to be, &c. "To the Honle. Genl. Gates." The Convention then resumed the consideration of the residue of the proceedings of the court martial held at Fort Montgomery on the 2nd instant and afterwards. The proceedings of the said court martial against the said Abraham Middagh, on four charges. 1st. For levying war against the United States of America. 2nd. For being an enlisted soldier in the service of the King of Great Bri- tain. 3rd. For enlisting men in the service of the said King. 4th. For giving aid, assistance, and being adherent to and secreting the enemies of the said States, together with the defendant's plea and the evidence against him, were read. The proceedings against Walter Stouter, charged and tried before the said court martial for aiding, assisting and being adherent lo the enemies of the State of New- York, whilst owing allegiance to the laws of the said State, to- gether with the defendant's plea of guilty, were read. By the said proceedings it appears that the said Abra- ham Middagh is found guilty of aiding, assisting, giving comfort and being adherent to the enemies of the State of New-York in the State of New-York aforesaid, and ac- quitted of the other charges against him. And that the said Walter Stouter is found guilty of the charge made against him ; and that the said Abraham Mid- dagh and Walter Stouter are, by the said court, sentenced to suffer the pains and penalties of death, by being seve- rally hanged by the neck until they are dead. The said two several sentences severally and each by itself considered and delermined, the Convention does ap- prove of and ratify and confirm the said sentences ; but this Convention hoping lhat the further extension of mercy may lend to induce the deluded to return to a sense of iheir duty, Resolved, That the said Abraham Middagh and Waller Stouter be pardoned of the crimes whereof each of them respectively has by the said court martial been convicted as aforesaid. The proceedings of the said court martial against Wil- liam Calder and James Meikle, on the three first mention- ed charges, with the confessions of the defendants respec- tively, and the sentences of the said court whereby the said two defendants are respectively found guilty of levying war against the United States of America in the Stale of New-York, and thereby adjudged to be respectively hanged by the neck until they are dead, were read. The said sentences being respectively read, were ap- proved of and confirmed ; but the said William Calder and James Merkle being by ihe said court martial, in conse- quence of their apparent distress, open confession and pro- 928 JOURNAL OF THE PROVINCIAL CONVENTION. mise of future obedience to the laws of the State of New- York, having recommended them to mercy, Resolved, That the said William Calder and James Merkel be pardoned. The proceedings of the said court martial against Lodo- wick Seely and John Stokes, tried respectively on the three first charges above mentioned, found guilty respec- tively of the first charge against them, to wit : for levying war against the United States of America, in the said State of New- York, whilst owing allegiance to the laws of the said State, together with the sentence of the said court respectively adjudging lliem guilty, and sentencing eacli of them to suffer the pains and penalties of death, by being hanged by the neck until they are dead, were respectively and separately read and considered. Resolved, That the sentence of the said court martial as to each of them, the said Lodowick Seely and John Stokes be, and hereby is, reversed. A list of the several prisoners under sentence of death, whose sentences are confirmed, and who are pardoned, or resolved to be pardoned, being made by order ; their names are as follows, viz : John Van Vleet, William McGinnis, Cornelius Furler, Coenradt Misener, Andries Keyser, John Rapelye, Silvester Vandermerkan, Jacobus Rosa, Jacob Middagh, Jacobus Langyou, Arthur McKinney ; [confirmed May 3rd,] Silas Gardener, Frederick Keyser, Richard Oakley, and Abraham Middagh. The question being put, whether any more than Rosa and Middagh be hanged, it was carried that no more be hanged. Dissenting — General Scott, Mr. Tredwell, Mr. G. Livingston, Mr. Bancker, Mr. Robert Harper, Mr. Dunscomb, Mr. Bleecker. Resolved., That the above named persons be pardoned, except Rosa and Middagh ; but that the said pardons be withheld from them, during the discretion of the Conven- tion, or Council of Safety, or Governor of this State ; and that the members and Secretaries of Convention pledge their honours in the mean time, to keep the said pardons secret. Messrs. Scott, G. Livingston and Bleeker dissent as to the granting of the pardons. Resolved, That with respect to all the other prisoners sentenced to die, and pardoned, it be in the discretion of the Council of Safety, or Governor of this State, to deliver their pardons and discharge them, when it shall, to the said Council or Governor, appear most expedient : And that the said Council of Safety have the like controul over the sentences and proceedings of courts martial, as this Convention possesses ; and at their discretion to determine the powers granted to the said courts by the Convention, before the expiration of the time limited for their duration. Monday Afternoon, May 12, 1777. The Convention met pursuant to adjournment. Present — General Ten Broeck, President. Genl. Scott, Mr. Jay, Mr. Roosevelt, Colo. Brasher, Mr. Harper, Mr. Dunscomb — New-York. Major Lawrence — Queens. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Bleecker, Mr. R. Livings- ton — Albany. Mr. G. Livingston, Mr. Sacket, Capt. John Schenk — Dutchess. Mr. Harper, Mr. Ncwkerk — Tryon. Mr. Smith, Mr. Tredwell, Mr. Miller— Suffolk. Judge Graham, Mr. Tompkins — Westchester. Major Farks, Colo. De Witt— Ulster. Mr. Wisner, Mr. Clarke— Orange. Mr. Tompkins, from a committee for that purpose ap- pointed, repotted a set of resolutions for the appointment of commissioners to settle and pay off the accounts of sun- dry of the inhabitants in Westchester county, for foraging, &c. &c. The consideration of the same postponed till to- morrow. On motion of Mr. Jay, The House proceeded to the consideration of so much of General George Clinton's letter of the 9th instant, as relates to his resignation of his commission of brigadier- general of the militia of Ulster and Orange county. Mr. Jay moved that General Clinton's resignation be not accepted, and that a committee be appointed to draft a letter to him, assigning the reasons for this refusal ; and among others, that the high sense this House entertain of his abilities to serve his country in this important hour, forbid their complying with his request. Debates arose, whether the House has a right to refuse to accept of the said resignation. Thereupon, Mr. Jay moved, and was seconded, for the following resolution : Resolved, That this Convention may of right refuse to accept the resignation of the commissions, by them granted to the brigadier-generals of the militia of this State. Mr. Tredwell then moved that the question on the said motion be not now put. Debates arose, and the question being put theieon, it was carried in the negative, in the following manner, to wit : For the affirmative. For the negative. Ulster, 4 Dutchess, 5 Albany, 6 Suffolk, 4 Orange, 3 New-York, 8 — Genl. Scott, Col. Brasher 13 and Mr. Harper dissent- ing. — 17 The question was then put on Mr. Jay's motion, and carried in the affirmative, in manner following, to wit : For the affirmative. For the negative. Dutchess, 5 Albany, 6 Suffolk, 4 Orange, 3 New-York, 8 — Ulster, 4 9 21 Therefore, Resolved, That this Convention may of right refuse to accept the resignation of commissions by them granted to the brigadier-generals of the militia of this State. On motion of Mr. Jay, Resolved, That the further consideration of the said part of General Clinton's letter, be postponed till to-morrow morning. TUESDAY MORNING, May 13th, 1777. The Convention met pursuant to adjournment. Opened with prayer by the Revd. Doct. Rogers. Present — General Ten Broeck, President. Mr. Jay, Colo. Lott, Mr. Dunscomb, Capt. Rut™ers, Mr. Beekman, Mr. Harper, Mr. Roosevelt, Colo. Brasher — New-York. Major Lawrence — Queens. Mr. Clarke, Mr. Wisner — Orange. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Bleecker, Col. Livingston — Albany. Mr. G. Livingston, Mr. Sackett, Capt. John Schenk — Dutchess. Mr. Harper, Mr. Newkerk— Tryon. Mr. Smilh, Mr. Tredwell, Mr. Miller— Suffolk. Mr. Morris, Judge Graham, Mr. Tompkins — Westchester. Major Tappen, Major Parks, Colo. Dc Witt — Ulster. The petition of Jacobus Rosa and Jacob Middagh, sen- tenced to be hanged this day, praying for a few days' re- spite, was read and rejected ; Capt. Rutgers, Colonel Li- vingston and Mr. Wisner dissenting. Resolved and Ordered, That Hendrick Crispel, Wil- liam Tiets, Junr. and Frederick Keyser, who were seve- rally convicted of treason against this Stale, and are par- doned by this Convention, be immediately discharged, and that they call upon the Secretaries this evening for their JOURNAL OF THE PROVINCIAL CONVENTION. 929 pardons. And that John Low, Edward Wood, Edward I Wood, Junr. and Jonathan Oakley, who were respectively tried for treason, and acquitted, be discharged. Resolved, That Major Van Zandt and Mr. Gilbert Liv- ingston, be added as members to the Council of Safety of this State. Mr. Sacket, a member of the committee appointed last winter to superintend an expedition into Westchester coun- ty, informed the House that the said committee, in order to collect intelligence, were under the necessity of employ- ing a person for that purpose, who hath devoted his time to the business, and much exposed himself to danger : Thereupon, Ordered, That the Treasurer of this State pay into the hands of Jonathan G. Tompkins, Esq. another member of the said committee, the sum of one hundred pounds, to be by him paid to the said person employed by the said com- mittee as aforesaid, and take his receipt for the same. As by the 35th section of the constitution established by this Convention, it is ordained, " That the resolves or resolutions of the Congresses of the Colony of New-York, and of the Convention of the State of New-York now in force and not repugnant to the government established by the said constitution, shall be considered as making part of the laws of this State ;" and as the said resolves and resolutions are at present in such a state, that the Council of Safety, or future Legislature of this State, cannot pos- sibly, without great loss of time and uncertainty, determine which of the aforesaid resolves and resolutions are still in force : Therefore, Resolved, That Mr. Tappen and Mr. Tredwell be a com- mittee to revise the above referred to resolves and resolu- tions carefully, and with all possible despatch to digest and form an index to the same, and that they be empowered to employ one or more clerks for that purpose. The committee to whom was referred a letter from Mor- gan Lewis, deputy quarter-master-general, requesting a quantity of junk for the use of the artillery in the northern department, report : " That there is a large quantity of junk on board of the Continental brig, which can be spared to Mr. Lewis, and leave a sufficient supply for the Continental frigates. " Your committee further report, that by information, there is four coils of white rope at Poughkeepsie, which was ordered to be made by General Schuyler for the use of the artillery in the northern department." The foregoing report being read, was referred to the Council of Safety. The petition of Cadwallader Golden, John Cumming, and six others, confined in Kingston jail, dated the 11th May instant, was read. Ordered, That Garret Freer, a prisoner now confined in the jail below, be discharged, on being admonished and paying his fees. Mr. Bleecker dissenting. Resolved, That Colonel De Wit and Major Tappen be a committee to confine Cadwallader Colden, John Cum- ming, Alexander Cruikshank and Richardson Thurman, in some house in the vicinity of Kingston, under such re- strictions as the committee may think proper. The Convention were informed that the galleys in Hud- son's river are completely armed and fitted, and only want men. Thereupon, Mr. Morris was appointed to write a letter to the Board of War, to assist Captain Cook to get men for the galleys in Hudson's river. Whereas a committee was appointed by this Conven- tion for removing the grain and forage, and also the well affected inhabitants from the lower parts of the county of Westchester, and the debts contracted in executing the said resolution remain still unpaid, to the great damage of in- dividuals and injury to the public cause : Therefore, Resolved, That Jonathan G. Tompkins, Richard Hat- field and Philip Pell, Junior, or any two of them, be, and they hereby are, appointed commissioners to settle the ac- 233 counts of said committee, and to pay off all just demands against them for such forage and grain, or for assisting in removing the same ; and likewise for assisting, at the re- quest of said committee in removing the well affected in- habitants as aforesaid ; and that the said commissioners be, and they hereby are, empowered to draw upon the trea- sury of this State, for any sum not exceeding six thousand pounds, for the purpose aforesaid; and if the said sum of six thousand pounds shall, upon the settlement of said ac- counts, be found insufficient for discharging all the just demands aforesaid, that they be empowered, with the con- sent of the Council of Safety, to draw upon the treasury for such further sum or sums as shall be found to be necessary for that purpose ; and that the said commissioners do, as soon as may be, give a true and full account of their pro- ceedings to the Council of Safety or future Legislature of this State. Resolved, That where the prices of the grain or forage aforesaid, have not been agreed on by the said committee and the proprietors thereof, the said commissioners be em- powered to allow to the inhabitants of said county for every bushel of wheat, seven shillings ; for every bushel of rye, five shillings ; for every bushel of oats, three shil- lings and six pence ; for every bushel of Indian corn, five shillings ; for every bushel of buckwheat, three shillings ; for every bushel of salt, twenty shillings ; for every hide, thirty shillings ; and for overy hundred weight of hay, five shillings ; and that the said commissioners keep a separate account of the charges of removing the well affected inha- bitants of said county. Ordered, That the commissioners above named, do di- rect and order all the salt by them taken and collected as aforesaid, to be transported to Kingston, to be disposed of as the Council of Safety or future Legislature of this State shall direct. The House proceeded to the consideration of that part of General George Clinton's letter, which relates to his resignation, &c. Resolved,, That General George Clinton's resignation be not accepted, and that the Council of Safety write to him, assigning the reasons for this refusal, and among others that the high sense this Convention entertain of his abilities to serve his country at this important hour, forbid their complying with his request at present. Mr. Abraham Yates brought in a report for electing Governor and Lieutenant-Governor, which was read, and postponed till afternoon. A letter from Isaac Paris, dated 8th May, was read, and referred to the Council of Safety. Ordered, That the doorkeeper call on Colonel Snyder and direct him to attend this Conuention at 5 o'clock this afternoon. Resolved, That either of the commissioners in Ulster county, appointed to take charge and dispose of the per- sonal property of persons gone over to the enemy, be em- powered to inspect into and determine what effects Mrs. Clopper ought to be permitted to remove to Poughkeepsie Tuesday Afternoon, May 13, 1777. The Convention met pursuant to adjournment. Present — Brigr. Genl. Ten Broeck, President. Gen. Scott, Mr. Jay, Mr. R. Harper, Mr. Van Zandt, Mr. Beekman— New-York. Mr. Newkerk, Mr. W. Harper — Tryon. Genl. Ten Broeck, Mr. Abm. Yates, Mr. Bleecker — Albany. Mr. Gil. Livingston, Mr. Sackett, Mr. Jno. Schenk— Dutchess. Mr. Clarke, Mr. Wisner — Orange. Mr. Tredwell, Mr. W. Smith, Mr. Miller— Suffolk. Judge Graham, Mr. Tompkins, Mr. Morris— Westchester. Colo. De Witt, Major Tappen, Major Parks— Ulster. The President informed the Convention that the door- keeper reported that Colonel Snyder's family informed him that the Colonel is not returned from Fort Montgomery. 9:J() JOURNAL OF THE PROVINCIAL CONVENTION. Resolvtd and Ordered, That the subject matter of the arrest of Colo. De Witt, one of the members of this Con- vention, by order of Colonel Snyder or one of the officers under his command, be referred to the Council of Safely, to hear and determine thereon. A letter from Isaac Paris, chairman of the committee of Tryon county, dated the 8th instant, with a long post- script, requesting a parly of rangers to be raised and em- ployed in that county, was read. Ordered, That 22 commissions in addition to 28 already issued, be sent to the committee of Tryon county, and that the residue of the said letter be referred to the Council of Safely. A letter from the committee of Albany dated the 12th instant, was read, and is as follows, to wit : " Gent — I am directed by the committee to enclose you a draft on the President of the Convention for one thou- sand pounds, which you will please to send up with the first safe opportunity. " I am, gent, your humble servt. " By order, " MAT. VISSCHER. " To the Deputies of the County of Albany. " N. B. The loan officers have a large sum of money on hand." A resolution of the committee of Albany requesting an order for the sum of one thousand pounds to defray the necessary charges of the county, was read, and follows, viz : " Albany Committee Chamber, ? "21st April, 1777. J " Present — John Barclay, Esq. Chairman. " Genl. Ten Broeck, Henry Van Vechten, John Price, Jeremiah Van Rensselaer, Abraham Ten Eyck, Isaac Van Aernam, Peter Bratt, Henry I. Bogart, John M. Beekman, Garrit Lansing, Junr. John Tay- ler, Henry Wendell, Peter Ryckman, Jacob Lansing, Jr. John Ja. Beek- man. " Resolved, That the chairman draw on the President of the Convention of this State for the sum of one thousand pounds, to defray the necessary charges of the county and Slate within the same. " Extract from the minutes, " MAT. VISSCHER, Secyr «< Sir — Please to pay the above sum of one thousand pounds to Messrs. Abraham Yates, Jr. Abraham Ten Broeck and Robert Yates, or either of them, and charge the same to this county. " I am, sir, your humble servt. " By order, "JOHN BARCLAY, Chairman. " Attest, Mat. Visscher, Secy. '■'To the President of the Convention of the State of New-York." Ordered, That the Treasurer of this State pay to Abra- ham Yates, Junr. Abraham Ten Broeck and Robert Yates, or either of them, the sum of one thousand pounds, to de- fray the necessary charges of the said county, and charge the same to the said county of Albany, to be raised and re- paid by the said county, at such time and in such manner as a future Legislature shall direct. And Ordered, That the said committee of Albany render a particular account of the expenditure of the former sums of money advanced to them by the representatives of this State, and also of the said sum of one thousand pounds above mentioned, to the Council of Safety or future Le- gislature of this State, with all possible despatch. Garrit Freer, a prisoner confined in the jail below, was brought up, and admonished by the President, and a dis- charge for him delivered to the sheriff on his paying the fees due. Resolved and Ordered, That the committee appointed to report a plan for the management of Indian affairs in this State, do report to the Council of Safety. Resolved and Ordered, That the Council of Safety be directed to prepare the boundaries of this State and the evidence thereof, and to lay the same before the Congress, if it shall be necessary, prior to the session of the Legisla- ture of this State. A letter from Zcphaniah Piatt, Matthew Cantine and Egbert Benson, recommending Henry and John Livings- ton as agents to go to the eastern colonies to purchase salt for this State, was read. Ordered, That the said letter be referred to the Council of Safely. A French memorial from M. Derdevens, a French no- tary public, dated the 6lh of May instant, was read and ordered to be referred to the Council of Safety. General Scott had leave to depart on public business. A number of pay rolls of the Tryon county rangers were delivered in for payment. Ordered, That they be retained and delivered to the Auditor-General on his return. The resolutions, giving the commissioners for sequester- ing the personal estates of persons gone over to the enemy, directions with respect to such estates as may be claimed by persons not gone over to the enemy, and authorizing the said commissioners to lease out the lands and tenements of persons gone over to and joined the enemy, were read, amended and agreed to as follows : Whereas the commissioners appointed to dispose of, and preserve, the property of persons gone over to the enemy, have represented to this Convention that they are at a loss how to act where (as frequently happens) the goods to be disposed of are claimed by persons still residing amongst us. Therefore, Resolved, That where any goods above the value of forty pounds taken by the said commissioners, shall be claimed by virtue of a bill of sale or otherwise, and the claimant shall show probable title thereto ; that the com- missioners shall deliver them to the person claiming the same, first taking security that they, or the value thereof, shall be forthcoming whenever called for; and if the goods in question shall not exceed the value of forty pounds, that the said commissioners shall examine the party claiming the same, on oath, touching the property, and if it shall appear either by his or her oath or otherwise, that the claim is justly founded, shall deliver the goods so claimed to the person who shall appear to be the proprietors thereof, with- out demanding any security for the same; and if upon such examination, the person demanding the said goods shall refuse to be examined on oath, or being examined, shall not swear that he or she is proprietor thereof, that the said goods shall be disposed of in like manner as if no such claim had been set up, and the party aggrieved shall be at liberty to institute a suit in any court of record against the said commissioners for the recovery of the value thereof, which suit shall be defended at the expense of the State ; and in all cases where the property shall exceed the value of forty pounds, and shall be delivered to the person claim- ing the same by virtue of the above resolution, the com- missioners shall, if they suspect fraud in the claimant, apply to the Attorney-General of this State, who shall bring a suit for the recovery of the said goods, in the name of the Treasurer of this State, in any court of law or equity within the same. Resolved, That the commissioners above named, be di- rected and empowered to lease out the lands and tenements of all such persons as already have gone, or hereafter shall go unto and join the enemies of this State, under moderate rent, from year to year, to persons friendly to the cause of America, and who will covenant to keep the same in re- pair, and to suffer no waste to be done thereon ; provided always that, the said commissioners be empowered to make such reservations as thev shall think proper for the subsis- tence of the families, which by such persons may be left in necessity. Resolved, That in all such leases, the inhabitants of this State, who have been driven from their habitations by the enemy, should be preferred by the commissioners to others JOURNAL OF THE PROVINCIAL CONVENTION. 931 who have not that claim to the favour of the public, provi- ded they apply before any engagement shall be made with other persons for the said lands and tenements. Whereas the secret committee of this Convention ap- pointed in June last past, for obstructing the navigation of Hudson's river, have not for several reasons been able to report their proceedings : Resolved, That the said committee be, and they are hereby directed to report their proceedings to the Council of Safety as soon as possible. A motion was made and seconded that this Convention proceed to elect Delegates to represent this State in Con- gress. Debates arose thereon, and the question being put, it was carried in the affirmative, in manner following, to wit : For the affirmative. For the negative. Westchester, 4 Suffolk, 4 Dutchess, 5 Orange, 3 New- York, 8 — Ulster, 4 7 — Albany divided. 21 On motion of Mr. Jay, Resolved, That five Delegates be elected by ballot to represent this State in Congress, until the Legislature of this State shall at their first meeting make further provi- sion ; that three at least of the said Delegates shall statedly attend ; and that any two, or more of them so attending, be a quorum, and enabled to represent and give the vote of this State in Congress. The ballots of the several counties being taken and told, it appears that the Honourable Philip Schuyler, Philip Livingston, James Duane, William Duer and Governeur Morris, Esquires, were duly elected to be the said Dele- gates. Thereupon, Resolved, That the gentlemen above named, be the present Delegates of this State in Congress, and that the said Delegates do from time to time give their attendance in Congress, according to the orders of the Council of Safety of this State. Resolved, That the thanks of the Representatives of this State in Convention, be given to Philip Livingston, James Duane, John Jay, William Floyd, Henry Wisner, Philip Schuyler, George Clinton, Lewis Morris, Francis Lewis and Robert R. Livingston, Junr. Esquires, Dele- gates of this State in the Honourable the Continental Con- gress, for their long and faithful services rendered to the Colony of New-York, and to the said State. Ordered, That the President do transmit the same pro- perly attested to each of the said Delegates. Resolved, and Ordered, That the Council of Safety do assemble at this place to-morrow morning at nine o'clock. The Convention then dissolved. JOURNAL OF THE COUNCIL OF SAFETY. DIE MERCURII, 10 ho. a. m. May 14, 1777. The members of the Council of Safety met, vizt : Genl. Scott, Major Tappen, Mr. Jay, Mr. Robt. Harper, Mr. Abm. Yates, Mr. Gilbt. Livingston, Colo. De Witt, Major Van Zandt. For want of another member to make a quorum, adjourn- ed till four o'clock this afternoon. Die Mercurii, 4 ho. P. M. May 14, 1777. The following members of the Council of Safety met pursuant to adjournment : Present— Pierre Van Cortlandt, General Scott, Mr. Jay, Mr. Abm. Yates, Colonel De Witt, Major Tappen, Mr. Robt. Harper, Mr. Gilbt- Livingston, Major Van Zandt. Pierre Van Cortlandt, Esquire, was unanimously elected President of the Council. John McKesson and Robert Benson Secretaries, and Thomas Pettit, doorkeeper. Barent Van Denburgh and Robert R. Vandusen, two persons from the manor of Livingston, who had been de- luded and have returned to their allegiance, applied to Convention for the benefit of the ordinance passed by the Convention on the tenth day of May instant. They took the oath of allegiance before Major Tappen and severally subscribed the same on a roll. And they severally sub- scribed, in his presence, a certificate acknowledging that they have severally received and claimed the benefit of the said ordinance, and taken the oath of allegiance to this State and received their pardons respectively. Thereupon a pardon was delivered to the said Barent Van Denbergh in the words following, to wit : " The Council of Safely for the Stale of New-York, to all to whom these presents shall come, send greeting : " Whereas the Convention of the State of New-York did, on the tenth day of May, in the year of our Lord one thousand seven hundred and seventy-seven, make and pub- lish ' a declaration or ordinance,' offering free pardon to such of the subjects of the said State as having committed treasonable acts against the same, should return to their 234 allegiance : And whereas it hath, in the manner prescrib- ed by the said ordinance, been certified to the said Council that Barent Van Denbergh, late of the manor of Living- ston, having committed treasonable acts against the said State, and being desirous of returning to his allegiance, hath taken the oath in the said ordinance specified and in all things complied with the terms thereof; " Know ye that the said Council, in pursuance of the direction of the said ordinance, doth hereby fully and freely pardon all and every treasonable acts and deeds by the said Barent Van Denbergh against the said State of New-York, committed before the said tenth day of May, one thousand seven hundred and seventy-seven. " And the said Barent Vandenbergh is restored to a par- ticipation of all the rights, liberties and privileges apper- taining to the good people of the said State of New-York. " In witness whereof, Pierre Van Cortlandt, Esquire, President of the Council, hath hereunto subscribed his name in the said Council, the fourteenth day of May, in the year of our Lord one thousand seven hundred and seventy-seven." A similar pardon, mutatis mutandis, was also given to the said Robt. R. Van Dusen. A letter from Zephaniah Piatt, Mathew Cantine and Egbert Benson, dated the thirteenth instant, and recom- mending Henry and John Livingston to be sent to Boston for salt, was read, and follows, vizt : " Rhinebeck, May 13th, 1777. " Sir — Messrs. Henry and John Livingston inform us, there are considerable quantities of salt in the eastern States ; that it may be procured reasonably, and are willing to con- tract with Convention upon being allowed proper commis- sions to bring a quantity into this State. " We conceive it a matter of such importance that we have taken the liberty of recommending the measure to the attention of Convention, and the above gentlemen as pro- per persons to be employed in the business. " We remain your most obedt. servts. " ZEPHA. PLATT, Jr. " MATHEW CANTINE, " EGBT. BENSON. " To the Honble. Abraham Ten Broeck, Esqr. President of the Convention, Kingston." 934 JOURNAL OF THE COUNCIL OF SAFETY. Thereupon, on motion of Mr. Jay, Resolved, That six thousand bushels of salt be purchased in Massachusetts Bay, or some other of the eastern States, and transported into this State for the use of the inhabitants thereof. The Council were informed by a member sent to confer with Messrs. Henry and John Livingston, that if they should be employed to purchase and transport salt, they would expect to receive commissions, as well on all ex- pense and disbursements for transportation, as on the pur- chase money, and conceive five per cent commissions to be no more than a compensation, even if the quantity to be purchased had been 10,000 bushels. A majority of the members of Council being of opinion that the commissions above proposed will be too great an expense, Mr. Jay moved, and was seconded by Mr. Gil- bert Livingston, that four per cent commissions be allowed to Messrs. John and Henry Livingston, for purchasing and transporting salt to such part of this State as this Council of Safety may direct. The question being put thereon, it passed in the nega- tive as follows, vizt : For the negative. For the affirmative. Genl. Scott, Mr. Jay, Colo. De Witt, Mr. Gil. Livingston, Mr. Abm. Yates, Mr Robt. Harper. Major Tappen, Major Van Zandt. On motion, Resolved unanimously, That three per cent commis- sions be allowed to Messrs. Henry and John Livingston for that business, if they shall choose to undertake and manage the same effectually. Accounts of the services of militia, who have served under Colonel Robert Van Rensselaer at sundry times, were exhibited for payment. Ordered, That Major Tappen and Robt. Harper be a committee to examine and audit the said pay and subsis- tence rolls. Mr. Gilbert Livingston has leave of absence until next Monday morning. Mr. Abraham Yates has leave of absence, to depart when Mr. Cantine shall attend, and to be absent seven days from the time of his departure. DIE MARTIS, 10 ho. a. m. May 15, 1777. The Council of Safety met pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. President. Major Tappen, Mr. Robt. Harper, Colo. De Witt, Mr. Morris, Mr. Jay, Major Van Zandt, Mr. Abraham Yates, Mr. Cantine. Colonel Abraham P. Lott delivered in a report and pro- posals for purchasing salt for this State, which were read. Thereupon, Resolved, That Colo. Lott be and he is hereby appoint- ed to purchase salt for the use of the inhabitants of this State ; that he be and is hereby authorized and empowered to purchase and transport, to such place or places in this State, six thousand bushels of salt for the use aforesaid ; and that he be allowed two and a half per cent commis- sions on all costs and charges attending the purchase and transportation of such salt. That Colo. Lott be requested and empowered to apply to Joseph Trumbull, Esquire, Commissary-General, or any other person who can give information on that subject, whether any part of the salt, for the importation of which he contracted with this State, is imported. That Colo. Lott forward to the same place all such salt contracted for as aforesaid as may be arrived ; and that he be allowed the like commission of two and a half per cent for his trouble in forwarding and transporting the salt last mentioned. Ordered, That the Treasurer of this State advance to Colo. Lott, or his order, for the purpose of purchasing and transporting salt to this State, any sum or sums of money, in the whole not exceeding thirteen thousand pounds. Resolved, That Major Tappen be added to the commit- tee of correspondence appointed by the late Convention, in the stead of Colonel Allison. Resolved, That Major Tappen be directed to pay all ex- press riders employed by this Council, or the committee of correspondence ; and that he be empowered to draw out of the treasury of this State such sum or sums of money as he may require for that purpose. Resolved, That the sheriffs of the several counties in this State do cleanse and repair the jails in such counties respectively, and make proper enclosures to the same, at the public expense. A letter from Mr. John Henry, commissary of clothing, dated the thirtieth instant, on the subject of blankets and stockings, was read, and is in the words following, to wit : "Fishkill, nth May, 1777. " Dr Sir — I am now again under the necessity to trou- ble you about that two thousand dollars, which Mr. Roose- velt was to have advanced me, by order of the House ; at present am in advance, which money am obliged to my friends in this place for. Therefore would consider it as an act of kindness to pay some attention in supplying me with such sums as the nature of the business, in which I at pre- sent act in, requires. I expect a parcel of shoes, stockings, &c. from the Bay government, in a few days, which articles I contracted for about 5 weeks ago ; should they come to hand agreeable to my contract, unless your Honourable House think proper to speedily send me a supply of cash, must let them go. " The several following accounts will, I suppose, be presented to your House for payment in the course of some days, which are as follows : " Robt. Boyd for 108 blankets and 199 pair stockings ; Elihu Marvin 35 blankets, and 83 pair second hand ; John Coe, Esqr. 55 blankets and 100 pair second hand, and yet remained without any regular bill of the above accounts, have which renders it impracticable for me to comply with the resolves of the 10th ulto. until furnished with regular ac- counts from the different chairmen in their respective dis- tricts, of the above articles, particularly the blankets and coverlets. " The canteens which Mr. Curtenius has forwarded to this place, with prime costs and charges, will cost the sol- diers 5s. Id. so as to save the State from loss ; they come extremely high ; however I shall abide by the resolve of the 1 1th ulto. until further orders. As the business which I now transact for this State in the clothing department was derived under the present Convention, would be extremely obliged to your Honourable House to inform me under what authority I am to act should a dissolution of the same take place, which I understand will be the case in a few days ; therefore you will not take it amiss that I should ask such request, as any suspension of my business would un- doubtedly be very detrimental to me under the present cir- cumstances. My family is to be supported in the Jerseys, while I am here acting for the public. The expense of supporting and defraying the former and the latter at the very extravagant rate (every thing which contributes to the essential comforts of life) are to be purchased at, would be impracticable for any honest man to perform ; and as it is well known to a number of the gentlemen in your House lhat I have sacrificed my every thing for the public good of this country, would flatter myself that my friends will not leave me destitute of some genteel means of supporting myself and family. " I am, worthy sir, " Your most obedt. hble. servt. "JOHN HENRY. " Col. Ten Brof.ck, Esqr. President." Ordered, That the Treasurer supply him with the ac JOURNAL OF THE COUNCIL OF SAFETY. 935 count of blankets and stockings, and by whom furnished and the price. A recommendation from the sub-committee at Haver- straw, signed by Claus Van Houlen, their chairman, was read, and follows in the words, to wit : " To the Honourable the Convention " of the State of New- York, &c. &c. &c. " The committee of the precinct of Haverstraw finding that it is necessary to have some new officers in the militia of Colo. Hay's regiment, humbly requests that commis- sions may be sent for the following persons, vizt : Lieut. Garret Eckerson to be captn. ; Lieut. Roger Osborn, first lieut. ; Paul Vander Voorst, second lieut. ; Benjamin Coe, ensign. " The reason for having a new corps of officers in this company are, that Captn. Rinear Quackenbus, who had the command of the company, is by sickness become in- firm and unable to serve, therefore is desirous of resigning, and his rank falls to said Eckerson. Lieut. Jacob Tenike begs it as a favour to be permitted to resign his commis- sion, and offers to fall into the ranks and do his duty as a faithful soldier to his country ; pleads ignorance of military discipline. These are the true reasons given to us. " The first mentioned persons we know to be trusty and true to the United States. " CLAUS VAN HOUTEN, " Chairman of the Sub- Committee." Resolved and Ordered, That commissions issue to the said gentlemen, to wit : To Garret Eckerson, as captain ; to Roger Osborn, first lieutenant ; to Paul Vandervoort, second lieutenant, and Benjamin Coe, ensign, of the com- pany in Colo. Hay's regiment, whereof Rynier Quacken- boss was late captain. Adam Kilmer and Peter Butler of the manor of Living- ston, who have been deluded and have returned to their allegiance, applied to Convention for the benefit of the or- dinance passed by the Convention on the tenth instant. They took the oath of allegiance before Major Tappen, and severally subscribed the same on a roll in his presence, as also a certificate acknowledging that they have severally received and claimed the benefit of the said ordinance, and taken the oath of allegiance to this State, and received their pardons respectively. Major Tappen, from the committee appointed yester- day to examine the pay and billeting rolls of the detach- ment of militia who served under Colonel Robt. Van Rensselaer, reported that they examined the same, and find the following sums due on the said rolls respectively, to wit : " On the pay and billeting roll of Captain Casparus Co- nine, the sum of twenty-four pounds ten shillings. " On the like roll of Captain Casper Huyck, the sum of thirteen pounds nine shillings and eleven pence one far- thing. "On the like roll of Capt. Jacob Philip, the sum of thirty-five pounds sixteen shillings and two pence. " On the like roll of Captain Jeremy Muller, the sum of sixteen pounds three shillings and eleven pence. " On the like roll of Captain Bortle, the sum of sixteen pounds fifteen shillings and ten pence. " On the pay-roll of the field officers of the said de- tachment, the sum of twenty-five pounds seventeen shil- lings and ten pence half-penny." Thereupon, Ordered, That the Treasurer of this State pay unto Colo. Robt. Van Rensselaer, the said several and respec- tive sums, amounting in the whole to one hundred and thirty-two pounds thirteen shillings and eight pence three farthings, to be by the said Colo. Van Rensselaer paid to the said detachment of militia as aforesaid. A petition of William McGinnes and John Van Vleet and ten other persons under sentence of death, praying to be forgiven, was read. Ordered, That it lie on the table. A petition of Solomon Combs and ten others, prisoners at Kingston, praying a discharge, was read. Ordered, That it lie on the table. A draft of a dedimus potestalem to administer oaths to the several officers of government, was read, and follows, vizt : " The Council of Safety of the Stale of New-York, send greeting : To " Whereas the Convention of the State of New- York, by an ordinance for organizing and establishing the govern- ment agreed to by the said Convention, made and publish- ed at Kingston, on the eighth day of May, in the year of our Lord one thousand seven hundred and seventy-seven, did resolve, that each and every of the persons in and by the said ordinance appointed to be officers in this State, should, before the said Council of Safety, or such person as should be by them appointed, take and subscribe the oaths in and by the said ordinance prescribed to be admi- nistered to the said officers respectively. The said Coun- cil do, therefore, by these presents, authorize and empower you the said and each and every of you, jointly or severally, to administer to the judges, sheriffs and clerk, by the said ordinance appointed for the county of and cause them to subscribe the oaths di- rected by the said ordinance to be by them respectively taken and subscribed : and that you and each and every of you do, without delay, make known to the said council, the manner in which you and each of you shall have exe- cuted the tiust and authority hereby committed to you. " In witness whereof, Pierre Van Corllandt, Esquire, President of the said Council, hath hereunto subscribed his name in the said Council, the fifteenth day of May, 1777." Resolved and Ordered, That the Secretaries prepare, and the President subscribe, and one of the Secretaries countersign or attest a dedimus potestalem to the following gentlemen in each county to qualify the respective officers in each county, vizt : In Albany — John Barclay, Abraham Cuyler, Harma- nus I. Wendell. In Tryon County — Isaac Paris, William Harper. In Charlotte County — Alexander Webster, Alexander Campbell. In Cumberland County — John Sessions and John Ste- vens. In Gloucester County — Brigr. Genl. Jacob Bayley. In Ulster County — Samuel Brewster and Christopher Tappen. In Orange County — Henry Wisner and Thos. Moffat. Dutchess County — Harman Hoffman and John Schenk. Westchester County — Abraham Purdy, Ebenezer Lock- wood and Colo. Thos. Thomas. Die Jovis, Aho. P. M. May 15, 1777. The Council met pursuant to adjournment. Present — Pierre Van Corllandt, Esqr. President. Genl. Scott, Colo. De Witt, Mr. Jay, Mr. Van Zandt, Major Tappen, Mr. Cantine, Mr. Morris. For want of another member (Mr. Robert Harper being sick,) adjourned till 9 o'clock to-morrow morning. DIE VENERIS, 10 ho. a. m. Mmj 15, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Morris, Mr. Harper, Genl. Scott, Mr. Cantine, Major Van Zandt Mr. Jay, Major Tappen, Colo. De Wilt. Genl. Scott from the committee of the late Convention appointed to direct the conveying of Major Edmeston, a prisoner of war to Philadelphia, delivered in the parole of the said major, which was read and filed. 936 JOURNAL OF THE COUNCIL OF SAFETY. The General, likewise, produced a receipt of Capt. Theodorus Brett, (oppointed to conduct the said major to Philadelphia,) for forty-five dollars by him advanced to Capt Brett, towards defraying the expenses of his journey. Ordered, That the Treasurer of this State, pay to Genl. Scott, the sum of forty-five dollars for so much by him advanced to pay Capt. Theodorus Brett, who is appointed to conduct Major Edmeston to Philadelphia, and that the Treasurer charge Capt. Brett with the same. Ordered, That Captains Bogardus Belknap and Schoon- maker, and their subalterns do, without delay, make returns to this Council, the progress they have made in recruiting their companies. Letter from the Honourable William Duer, Esqr. dated Philadelphia, May 6th, on the subject of the Westchester accounts for teamsters, foraging, &c. was read, and is in the words following : " Philadelphia, May 6th, 1777. " Sir — I have received your two favours of the 23d and 25th April, the first relative to the accounts of teamsters, &c. in Westchester county, and the other in answer to mine of the April. " I should have immediately sent off all the accounts in my possession by an express, but as Genl. Schuyler then thought of returning in two or three days, with the advice of my colleagues, I thought best to defer it, it being judged a much safer opportunity. Several letters have of late been opened on the road, and persons seized by the disaf- fected ; should these accounts have met with such a fate, the public must have suffered extremely. I am extremely sorry that the unavoidable delay of Genl. Schuyler has occasioned the detention of these papers, but should he not be able to leave this place in three days from this lime, which he now expects, I shall convey them in the safest manner possible. " The present opportunity not being considered by Mr. Duane and Mr. Livingston, as altogether safe, I think it is not advisable to write on any matters of importance. " I shall content myself with observing that we have surveyed our ground, and that we have no doubt but we shall make a successful attack on the points recommended to us. The papers which I enclose you, will give you an insight into the news stirring here. The accounts of the arrival of the ship loaded with 52 field pieces and other ordnance, &c. may be depended upon. Her name is the Amphitrite, a 20 gun ship, chartered in France by Mr. Silas Deane, Mr. Livingston and Mr. Duane, both of whom are now busily engaged, desire me to present their re- spects to the Honourable Convention. " I am, sir, with great respect, " Your obedt. hble. servt. "WM. DUER. " To the Honble. Pierre Van Cortlandt, Esqr." A letter from Henry Schenk, Esqr. dated the 11th instant, was read, and thereupon the Council came to the following resolution : Whereas it has been represented to this Council that considerable quantities of salted beef and pork are secreted in the county of Dutchess, by persons unfriendly to the liberties of America ; Resolved, That the commissioners appointed in the said county to take into possession and dispose of the personal property of persons gone over to the enemy, be directed and empowered to seize and lake into their custody all such salted beef and pork as may be found to have been so secreted, giving to the proprietors thereof a receipt for the same on behalf of this State ; and further, that they do from time to time, report to this Council or the Governor of this State, the beef and pork which they may so disco- ver and seize, together with the value thereof. A letter from Elihu Marvin, chairman of Orange county committee, setting forth the hardships of the families of those of the militia who are drafted, and recommending the giving them a bounty was read, and Ordered To lie on the table. A letter from William Young, chairman of the commit- tee of Hanover precinct in Ulster county, enclosing the depositions against Hugh Dougherty, sent to the jail in this place, for abusing the Convention of this State, charging them with publishing lies, were read and filed. The said Hugh Dougherty being called up was examined and severely reprimanded, and thereupon the Council came to the following order, to wit : Whereas Hugh Dougherty hath been apprehended by the committee of Hanover precinct, for being inimical to the American cause, and is now confined in the jail at Kingston : Resolved, That the said Hugh Dougherty be discharged upon paying the jailer's fees, &c. and that the committee aforesaid, be requested to take security from the said Hugh Dougherty for his good behaviour. The Council of Safety took into consideration the pay and subsistence rolls of the Tryon county rangers, which were referred over to the Council by the late Convention, which are as follows, to wit : The subsistence roll of Capt. Winn's company for the month of February, amounting to £131 10s. 3d. The pay roll of the said company for the month of Feb- ruary, £203 13s. 2d. The subsistence roll of the said company for March, £123 Os. lid. The pay roll of the said company for the same month, £197 7s. 8d. The pay roll of Capt. Kitman's company for the month of March, £197 13s. 4H The subsistence roll of the said company, £121 18s.3|l Mr. Tompkins for moneys by him expended in public service, 2 0 0 " 16, By cash paid James Hunt for horse keeping by him paid, 1 6 0 " 16, By cash paid Colo. Benjn. Birdall, for moneys paid for expenses in keeping public property, 4 0 0 •' 16, By cash paid Colo. Birdsall, in part, for services, 20 0 0 " 19, By cash paid Daniel Horton for apprehending Major Livingston, 1 8 4 " 22, By cash paid John Hubbard for services in guarding cattle, 2 8 0 " 27, By cash paid Samuel Hicock for his account in apprehending and conveying from eastward to Harrison's purchase John Lobdell, 26 1 0 " 27, By cash paid one James Rogers, a deserter from Rogers, &c 0 8 0 " 28, By cash paid Mr. N. Sackett for moneys ad- vanced for secret services, 37 4 0 March 1, By cash paid John Woolsey, on account, as as- sistant commissary, 40 0 0 " 1, By cash paid Peter Lyons for impressing teams for foraging, 0 15 0 « 1, By cash paid Benajah Tubbs on account, as per receipt, 8 0 0 " 1, By cash paid Azor Barnum, conductor, on acct. 4 0 0 1, By cash paid Ephraim Barnum, conductor, on account, 6 0 0 " 1, By cash paid Willm. Fennell, a deserter from Rogers', for subsistence money, 1 4 0 " 2, By cash paid Hester Obriant for one-third value of stock for her mother, 4 6 8 " 3, By cash paid Lieut. Colo. Van Rensselaer, as a premium for his soldiers, 200 0 0 " 4, By cash paid Captn. Hunter for 4 hogsheads of rum, purchased for use of State, 566 8 0 •' 4, By cash paid Captn. Gage for going express to Colo. Hammon, and from thence towards Fort Independence, 1 6 8 " 8, By cash paid Jonathan Holmes, on account of conveying Nathl. Underhill and others, pri- soners, to Peekskill, 3 4 0 •' 8, By cash paid Benoni Piatt for appraising cattle, 0 8 0 " 8, By cash paid James Cunningham for taking care of cattle, 1 4 0 " 8, By cash paid Jacob Hunt for moneys laid out in purchase of boards for arm chests, 1 14 8 '• 8, By cash paid David Hunt for moneys paid by him for shoeing horse in service, 0 5 4 « 8, By cash paid Jacob Hunt for moneys paid by him for driving cattle, 1 12 0 " 8, By cash paid Mariam Baker for a cow taken from her mother, Mrs. E. Fowler, 6 0 0 a 8, By cash paid Wm. Mead for seizing the effects of Lawrence & Seaman, 3 2 10 " 8, By cash paid Major Fish for taking lighthorse, according to promise, 16 0 0 " 8, By cash paid for expenses of Mrs. Grant, (by him paid,) while conveying her within the enemy's lines, by flag, 1 6 8 " 8, By cash paid Stephen Field, for Sarah Field, for services of her horse, and damages done horse, in going express, 10 0 0 " 8, By cash paid Thos. Cole, for services as team- ster, 3 12 0 ' 8 By cash paid Asse Belding for services as team- ster, 7 4 0 " 8, By cash paid Ton. Boyd for services as conductor 10 8 0 " 8, By cash paid Edmund Bramhill, do 11 4 0 " 8, By cash paid Thos. Smith, do 6 0 0 « 8, By cash paid Stephen Wheeler, do 0 15 0 " 8, By cash paid Abm. Wheeler, do 60 0 0 « 17* By cash paid Jacob Hunt for money disbursed for putting up arms, 0 8 0 « 18, By cash paid John Hunt for the purpose of con- veying arms to Peekskill 6 0 0 " 18, By cash paid 2 deserters, James Brown and Wm. Lancaster, from Rogers', for two bayonets 1 cartridge box, 1 4 0 " 18, By cash paid 2 deserters, as a present, 0 16 0 " 18, By cash paid Wm. Davis, who was wounded at White Plains, 5 0 0 " 18, By cash paid Robert Betts, on account, for se- cret services, 12 0 0 " 18, By cash paid James Archer for taking care of State cattle and going express to Genl. Mc- Dougall, 5 M 0 " 18, Cash paid James Hunt for going express to Genl. Washington, and for hiring horse in going same, 7 18 0 " 18, Cash paid John White for taking care of State cattle, as per receipt, 3 17 4 " 18, Cash paid Thos. Vail for board of Colo. Duer and others, as per receipt, •• 2 9 8 " 20, Cash paid Samuel Neely for services in repair- ing arms, ' 4 ® Carried forward, Brought forward, £ s. d. " 20, Cash paid Robert Merrill for making arm chest, 1 7 0 " 21, Cash paid Francis Peamert for conveying goods of Mrs. Lockhart to Convention, 7 9 8 " 21, Cash paid John Cromwell for board of com- mittee, and others, under their direction, as per account delivered, 52 13 4 " 21, By cash paid Mr. Tompkins for one riding chair, bought at vendue, and by him returned to owner, being a friend, 12 10 0 " 21, By cash paid Captn. Johnson for one barrel sad- dlery, belonging to him, which was sold at vendue to Wm. Marline, 8 12 0 " 24, By cash paid Wm. Jeffreys for repairing arms, as per receipt, 60 0 0 " 24, By cash paid Jas. Hunt, on account, as per rect. 20 0 0 " 24, By cash paid Richd. Hatfd. for money disbursed for himself and 2 Hunts from Harrison's pur- chase to Foughkeepsie, 2 19 9 " 24, By cash paid Robert Betts by Mr. Duer's ver- bal order, 6 0 0 " 24, By cash paid Jacob Hunt, in part, of services performed by him as vendue master and su- perintendent for the committee of Convention, 20 0 0 " 24, By cash lent Mr. Duer at sundry times, as per his receipt, 429 6 0 " 21, By cash paid David Hunt, on account, for ser- vices performed for the committee of Conven- tion, 20 0 0 " 21, By cash paid John Cromwell for 1 pair hand cuffs and 41b nails, 0 19 0 " 25, By cash paid Richard Hatfield, for services as secretary to the committee of Convention, as per receipt, 31 4 0 " 25, By cash paid Mr. Pooly for reckoning of Mr. Duer and others, under his direction, at Poughkeepsie, 1 10 10 " 25, By the amount of sundry sums returned to per- sons whose property were sold at vendue, and appeared to be friends, &c 55 16 0 " 25, By cash remaining in hands of Richd. Hatfd. and paid Mr. Duer, as per receipt 598 3 10 2,392 16 0 Ordered, That the said accounts be copied by the Se- cretaries and sent to Jonathan G. Tompkins, Esqr. now employed in settling the accounts of forage and cartage in that county. Mr. Piatt has leave of absence for ten days. Genl. Scott and Mr. Jav leave of absence for the same time. A letter from John Broome relative to salt, was read and filed. A letter from Henry Wisner, Esquire, enclosing the oath of office and allegiance by him administered to Jesse Woodhull, sheriff of Orange county, was read and filed. Ordered, That the Treasurer and Auditor-General of this State, prepare and make out the accounts of this State against the United States, down to the first day of March last. The committee to whom was referred the application of Captain Rogers of the armed sloop Montgomerie, belong- ing to this State, delivered in their report, which was read, and thereupon Resolved, That the sum of one thousand pounds be ad- vanced to Captain Rogers, to enable him to pay the wages of the crew of the armed sloop Montgomerie, and to re- imburse him sundry sums of money by him advanced for the said vessel. That Captain Rogers render his accounts relative to the said vessel of war and of the expenditure of the money advanced to him, as soon as may be, to this Council of Safety or a future Legislature of this State, that a final settlement may be made relative thereto. That Lieutenant-Colo. John Broom be requested and directed to see that the officers and crew of the said ves- sel are immediately discharged, and to sell or cause to be sold, the vessel of war, the Montgomerie, with her stores, to the best advantage for this State ; and that as soon as the crew is discharged, he appoint some proper person to take the care and charge of the said vessel until she is sold. A letter from John Canfield, Esqr. containing an invoice of goods purchased by order of the late committee for procuring clothing for the Continental troops raised in this State, was received and read. 956 JOURNAL OF THE COUNCIL OF SAFETY. Ordered, That the said letter and invoice be referred, and delivered to Mr. Robert Harper. Ordered, That the former order of this Council desir- ing the attendance of Ebenezer Dayton, then in Connec- ticut, be expunged from the minutes. Die Jovis, 4 ho. P. M. June 5, 1777. The Council of Safety met. Present— Pierre Van Cortlandt, Esqr. President. Genl. Scott, Mr. Yates, Colo. De Witt, Mr. G. Livingston, Judge Hobart, Mr. Harper, Judge Jay, Judge Piatt, Mr. Livingston, Mr. Cuy- ler, Mr. Van Zandt. A letter from Genl. Putnam, dated the 4th inst. was re- ceived and read, and is as follows, to wit : " Peekskill, 4th June. " Gentlemen — The armies are still inactive except in preparations for the ensuing campaign ; our expectations of an attack in some quarter are daily corroborated by intelligence through different channels. We are distress- ed for the ships and gallies to guard the river. Genl. Wa- shington expects they are now at the chain. A single gal- ley of the enemy is constantly cruising up and down the river at pleasure, has been as far as Fort Independence, and can stop the ferry at any time ; we have nothing on water that can oppose her. The crew land, and plunder the inhabitants for more than 50 miles, without molestation. I have desired Genl. Clinton to write you on this subject, and beg leave to enforce the urgency of it in the strongest manner. " I am, gentlemen, with the utmost respect, " Your most obt. hum. servt. "ISRAEL PUTNAM." Ordered, That the said letter be referred, and delivered to Mr. Robert R. Livingston and Judge Hobart. Application was made to the Council of Safety by Mr. Tucker, one of the assistant quarter-master-gencrals of the army of the United American Stales, for a guard to take care of a quantity of salt for the use of the Continental army now landed at Kingston wharf. Ordered, That Captain Schoonmaker do immediately send a guard of a corporal and six men, to guard the said salt. A letter from Peter Van Ness, Cornelius Cuyler and Harmanus Wendell, dated at Albany, on the thirtieth day of May last, declining their appointments by the resolu- tions of the sixth day of March last, was received, read, and is as follows, to wit : "Mbany, May 30th, 1777. " Sir — The Convention of this State, by a resolution bearing date the 6th day of March last, appointed us com- missioners to seize the personal estates of such persons, within this county, who were gone over and joined our enemies, and to dispose thereof, as by the said resolution particularly prescribed. The confused and distracted state of this county since the passing the said resolution has often required the service of two of us in »he militia offi- ces to which we were heretofore appointed, and thereby deprived us, in a great measure, from the opportunity of consulting upon the business pointed out to us by the said resolution. We have lately met and considered its impor- tance and necessity, and that in a county of such extensive limits, we are sensible, notwithstanding the greatest cir- cumspection and care, that we could not faithfully execute the trust reposed in us by the resolution. We find our- selves, therefore, under the necessity of declining the ser- vice, and beg that you will acquaint the Honourable Coun- cil of Safety therewith. We have acquainted the county committee of our intention, who, we make no doubt, will recommend persons who will readily accept the appoint- ment, and faithfully discharge the trust ; to effect which, we humbly suggest to you, whether it would not be advi- sable to appoint 9 or 10 persons, to be divided in different boards, and to assign to each board a part of the county. The advantage of such a regulation, we conceive is evi- dent. " We are with respect, sir, " Your most obedt. and most humble servts. "PETER VAN NESS, " CORNELIUS CUYLER, " HARS. WENDELL. " To Pierre Van Cortlandt, Esqr." Ordered, That the said letter be referred to Mr. Abra- ham Yates and Mr. Cuyler. Mr. Jay informed the Council of Safety that Mr. Cuy- ler informs that a court martial is now sitting at Albany, and that John Savage was late an inhabitant of that county and ought properly to be tried there. Thereupon, On motion of Mr. Cuyler, Ordered, That John Savage, now a prisoner at King- ston, be sent to Albany under a guard ; and that the di- rection and management of sending the said John Savage to Albany be committed to Mr. Cuyler. General Scott brought in a resolution with recitals, for devising a mode to carry into execution the resolution of this Council, of the twenty-ninth of May, to grant the prayer of the petition of Colonel Levy Pawling and others. The same was read, and is in the words following, vizt : " Whereas Levy Pawling, Esquire, and divers other field officers, being freeholders and inhabitants of this Slate, did lately petition this Council in behalf of them- selves and others, now in garrison at Fort Montgomerie, setting forth, in substance, that the petitioners being out in the service in defence of the country, and having under- stood that elections, at different places, are to be held shortly, for choosing a Governor, Lieutenant-Governor, Senators and Assembly, and praying that commissioners might be appointed to receive the votes of the petitioners, and such other persons belonging to their respective regi- ments at that post as are entitled to vote : And whereas none of the said electors can, while they continue on the aforesaid garrison duty, attend at the several places of election, fixed in the several counties wherein the said electors respectively are usually resident, without exposing the said fort and its outworks to a surprise by the enemy: And whereas this Council, moved by the said petition, and conceiving it just to give the freeholders and other in- habitants of this State, forming a part of the said garrison, who are qualified respectively as electors for the ensuing election of a Governor, Lieutenant-Governor, Senators and Representatives in Assembly, an opportunity of exercis- ing their respective rights as electors at the said election, the benefit of which they would lose if some special pro- vision should not be made in their behalf, did on the clay of resolve to grant the prayer of the said peti- tion : And whereas it would be highly improper to au- thorize the holding of an election in a place of arms : Resolved, therefore, That be and they hereby are authorized and empowered jointly to superintend at the election, and take the votes of the electors who shall form a part of the said garrison, on the sixteenth day of this month of June, at any place within the county of Orange which they, the said superintendents and returning officers, shall think proper to appoint for that purpose, not farther distant from the said fort than two miles, nor within one mile of the same; that Brigadier- General George Clinton, or any other the commanding officer of the said fort, be and is hereby requested to permit the said electors to attend the said election, unarmed and in such different parties and number successively, during the said election, as he shall judge most prudent and consistent with the safely and security of the said fort and its out- works. And that the said superintendents and returning officers should make distinct poll lists of such election, ac- cording to the respective usual places of abode of the electors, and return the same to the respective sheriffs of JOURNAL OF THE COUNCIL OF SAFETY. 957 the several counties within whose bailiwick such electors have their usual residence respectively, who shall respec- tively, on oath of office, transmit and return the same in the manner, as by an ordinance of the Convention of the State of New-York for organizing and establishing the government, agreed to by the said Convention, is directed respecting the election of a Governor, Lieutenant-Gover- nor, Senators and Representatives in Assembly." Debates arose thereon. Mr. Jay then moved, and was seconded by Mr. Robt. R. Livingston, that after the words " part of the said garrison," the words " or which may be stationed at Fort Constitution," be added. Debates arose thereon. After some time spent therein, Mr. Hobart gave notice that to-morrow he will move to re- consider the resolution for granting the prayer of the pe- tition of Levi Pawling and others. Resolved, That until such time as the Legislature shall otherwise provide, the supreme court sit at Kingston, in Ulster county, and that the terms thereof be as they were throughout the year of our Lord one thousand seven hun- dred and seventy-four ; and that all the inferior court of common pleas and general sessions of the peace have the same terms and places of sitting as they had throughout the said year, except that the inferior court of common pleas and general sessions of the peace for the county of Westchester be held at such place in the said county, as the judges of the said court shall appoint. Resolved, That all writs and processes which shall be issued from the supreme court and inferior courts of common pleas, prior to their respective terms now next en- suing, be tested on the second day of June instant. Resolved and Ordered, That Samuel Bayard, Junior Esquire, deliver the seal of the supreme court to this Coun- cil of Safety. Adjourned to 9 o'clock to-morrow. DIE VENERIS, 9 ho. a. m. June 6, 1777. The Council met pursuant to adjournment. Opened with prayer. Present— Pierre Van Cortlandt, Esqr. President. Gent. Scott, Major Tappen, Mr. Hobart, Mr. Harper, Mr. Piatt, Colo. De Witt, Mr. Abm. Yates, Mr. Cuyler, Mr. Gilbt. Livingston, Mr. Jay, Mr. Robt. R. Livingston. Mr. Robert R. Livingston reported the draft of a letter to General Putnam, in answer to his of the fourth instant, relative to the Continental ships and row galleys, which was read and approved, and is in the words following, to wit : " Sir — The Council have desired me, in answer to vours of the fourth instant, to inform you that the late Con- vention were sensible of the importance of equipping the Continental ships in Hudson's river, and repeatedly wrote to Congress and applied to His Excellency the General, on that subject. Had the means been in their hands, they would, without wailing any further directions, have em- ployed them for that purpose. But such is the situation of this State, from the loss of its seaport and the dispersion of its inhabitants, that it would be utterly impossible to pro- cure seamen enough to man a single galley, or if even they could be obtained, the want of cannon and many other stores would be an insuperable obstacle to the fitting out the ships. Many of the cannon that belong to or could be purchased in this State, have been lost or transported out of this State. We were obliged to borrow a few from the State of Connecticut for the forts in the Highlands. " The Council understood from Major-General Greene's letter, that His Excellency the General, would provide means for arming and manning the ships, and accordingly sent them down at his request. It gives them great pain to find from your favour, that any thing should be expected 240 from this State, which their unfortunate situation puts it out of their power to procure. " They beg leave to suggest to you whether the most speedy and effectual means for equipping the ships would not be to obtain men and guns from one of the neighbour- ing States, or from the ships that are blocked up at Provi- dence and are like to be useless for some time. Marines might be furnished out of the Continental troops. "As, sir, you seem sensible of the importance of this bu- siness, the Council rely upon your endeavours to see it ac- complished ; in doing which, they will give you all the as- sistance which the slender means in their power enable them to afford. " As the Council are informed that the post at Peekskill is now strongly guarded, they flatter themselves that scout- ing parties in the county of Westchester will prevent any future depredations of the enemy, and deprive them of all supplies from that county. " I am, sir, &c. " Major-Genl. Putnam." Ordered, That a copy be signed by the President, and transmitted. A letter from Dennis Kennedy, relative to some effects of Peter Corney, which the commisssioners of sequestra- tion in Westchester county were directed to deliver him, was read and filed. Ordered, That the Secretaries take Mr. Kennedy's exa- mination on oath. Mr. Hobart, according to notice, moved, and was se- conded by Mr. Jay, that the resolution of the Council on the twenty-ninth day of May last, on the prayer of the pe- tition of Levi Pawling and others, be reconsidered. The same was agreed to. The Council accordingly proceeded to the reconsidera- tion thereof. Mr. Jay, seconded by Mr. Livingston, moved as an amendment to General Scott's motion, made and carried in the affirmative on the twenty-ninth day of May last, that the following answer be given to the said petition, to wit : Whereas the late Convention of this State did, prior to their dissolution, pass and publish an ordinance for organiz- ing and establishing the government agreed to by the said Convention, and, among other things in the said ordinance contained, did ascertain and appoint the manner in which, and the particular places at which, the elections therein mentioned should be held, 1st. Resolved, That it would be highly improper for this Council to direct that the elections aforesaid should be held in any other manner, or at any other place or places than those which the said Convention did in and by the said ordinance nominate and prescribe. 2nd. Resolved, That if commissioners should be ap- pointed to take the votes of the garrison at Fort Montgom- rie, justice and equity dictate that commissioners should also be appointed to take the votes of such Continental troops and militia as might have a right to vote at Fort Constitution, Peekskill, Fort Stanwix, Ticonderoga, and divers other posts and garrisons throughout this State, which, in the opinion of this Council, would be impracticable and a measure too important in its consequences to be adopted by this Council. 3rd. Resolved, That it be recommended lo the com- manding officers at the several posts and garrisons through- out this State, that they permit such of the militia at their respective posts and garrisons who have a right to vote, to go to the next place of elections to give their vote ; pro- vided nevertheless that the same shall, in the opinion of such commanding officers, be perfectly consistent with the safety of the said posts and garrisons respectively. The first resolution being again read and the question put thereon, it was carried in the affirmative, as follows, to wit : 958 JOURNAL OF THE COUNCIL OF SAFETY. For the affirmative. For the negative. Mr. Tappen, Genl. Scott, Mr. Hobart, Mr. Harpur, Mr. Piatt, Major Van Zandt. Colo. De Witt, Mr. Yates, Mr. Cuyler, Mr. G. Livingston, Mr. Jay, Mr. R. R. Livingston. The second paragraph or resolution was read, and the question was put on such part of the said paragraph or re- solution as is contained from the beginning thereof to the word " State," and was agreed to nem. con. The question was then put on the following words im- mediately succeeding the word " State," to wit, " which in the opinion of this Council would be impracticable," and was carried in the affirmative, as follows, to wit : For the affirmative. For the negative. Major Tappen, Genl. Scott. Mr. Hobart, Mr. Piatt, Colo. De Witt, Mr. Yates, Mr. Cuyler, Mr, G. Livingston, Major Van Zandt, Mr. Harpur, Mr. Jay, Mr. R. R. Livingston. The question was then put on the remaining words of the said resolution, to wit : " And a measure too important in its consequences to be adopted by this Council ;" and carried in the affirmative in the manner following, to wit : formed whether Bartholomew Crannel, Richard Snediker and the Reverend John Beardslee, who have lately been with the enemy, are returned to Poughkeepsie, as is report- ed here ; and if they are, whether they have taken the benefit of the act of grace. Question being put, it was agreed to. Colo. De Witt, seconded by Genl. Scott, moved that the doors of this Council be opened. Debates arose, and the question being put thereon, it was carried in the negative as follows, to wit : For the negative. Genl. Scott, Major Van Zandt. For the negative. Mr. Harpur, Mr. Yates, Major Tappen, Mr. R. R. Livingston, Mr. Hobart, Mr. Gilbt. Livingston, Mr. Cuyler. For the affirmative. Genl. Scott, Colo. De Witt. [Major Van Zandt is absent on the business of the House.] For the affirmative Mr. Tappen, Mr. Hobart, Mr. Piatt, Colo. De Witt, Mr. Yates, Mr. Cuyler, Mr. G. Livingston, Mr. Jay, Mr. R. R. Livingston, Mr. Harpur. The question was then put on the whole of the said re- solution and carried in the affirmative, nem. con. ; Genl. Scott and Major Van Zandt having previously withdrawn themselves. The third or last resolution being read and the question put thereon, was carried in the affirmative, nem. con. Genl. Scott and Mr. Van Zandt were returned previous to this question being put, and voted. The preamble to the said resolution being read and the question put thereon, was carried in the affirmative, nem. con. ; Genl. Scott and Mr. Van Zandt being again with- drawn previous to this question being put. Genl. Scott and Mr. Van Zandt being returned, the ge- neral question on the whole of the preamble and resolu- tions was put and carried in the affirmative, nem. con. Ordered, That a copy of the said resolutions be trans- mitted to the said petitioners, and that copies of the third or last resolution be transmitted to the Generals Schuyler, McDougall and George Clinton. Die Veneris, 4 ho. P. M. June 6, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Colo. De Witt, Mr. Harpur, Mr. Yates, Major Tappen, Mr. R. R. Livingston, Mr. Hobart, Mr. Gilbt. Livingston, Major Van Zandt, Mr. Cuyler, Genl. Scott. A certificate, signed by James Van D. Bergh, major of militia in Dutchess county, that Thomas Tobias, a delin- quent described in the ordinance of the Convention of this State, of the tenth day of May last, appeared before him and took the oath prescribed by the said ordinance. Ordered, That the President issue a pardon to the said Thomas Tobias. Mr. Harpur, seconded by Genl. Scott, moved that the Secretary write to the commissioners for detecting con- spiracies at Poughkeepsie, that this Council may be in- A letter from the Honourable Phil. Jjivingston and Wil- liam Duer, Esqr. at Congress, dated the 31st May, enclos- ing a resolution of Congress, of the 23rd May, were read, and are in the words following, vizt : " Philada. 31st May, 1777. " Sir — We transmit you the resolution of Congress, of 23rd May, 1777, relative to the manning and fitting out two galleys for the defence of the North river. We wish that Mr. Morris who was desired by Convention to write on this subject, had transmitted his letter to the board of war through us, as we then should have been able (in all probability) to have obtained a resolution for fitting those gallies at the Continental expense. For want of previous information, the resolution enclosed was passed without that attention which might otherwise have been paid to it. " We by no means are of opinion that there is any simi- larity betwixt the State of New-York and other States who have fitted out vessels of this natuie. " The use of these vessels in Hudson's river is chiefly to protect the chain near the forts in the Highlands, and by that means keep up the communication betwixt the southern and eastern States. In other States they have been built for the purpose of protecting their own harbours and towns. The purpose, therefore, for which the vessels on Hudson's river are intended, being Continental, the ex- pense ought, in our opinion, to be the same. " If the Council of Safety should be of the same opinion with us, and write to Congress on this subject, we shall procure a reconsideration of this resolution, and exert our- selves to make the fitting and manning these vessels a Continental charge. In the mean time, we think it will be for the interest and safety of the State to exert them- selves in equipping and manning these vessels with the utmost despatch. " We are directed by Mr. Lewis to inform you that the accounts of the sloop Montgomery will be forwarded in two or three days, together with the share of prize money due to the captors. " We are, sir, with great respect, " Your obedt. hble. servls. "PHIL. LIVINGSTON, "WM. DUER. " To the Honble. Pierre Van Cort- landt, President of the Council of Safety of the State of New-York. " P. S. Capt. Cook having no money to carry him out of town, we have furnished him with a loan of seventy dollars, for which we enclose you his receipt." The resolution referred to in the above mentioned letter, was then read, and is as follows, to wit : " In Congress, May 23, 1777. " The marine committee to whom the letters from Genl. McDougall and Gouvr. Morris, respecting the manning and fitting two galleys for the defence of the North river were referred, report, that they have taken the said letters into consideration, and are of opinion that such galleys as may be necessary for the defence of the said river, ought to be JOURNAL OF THE COUNCIL OF SAFETY. 959 equipped and their operations directed by the State of New- York ; for they find this kind of defence is undertaken by all the other States, where it is found necessary. " Resolved, That the Delegates of the State of New- York be desired to inform the Convention of that State, that the above report of the marine committee is accepted and adopted as the sense of Congress on this subject. "Extract from the minutes. " CHAS. THOMSON, Secy." Ordered, That the said letter and resolution be refer- red to Mr. Robt. R. Livingston, and that the said receipt be filed with the Treasurer, and he charge Captain Cook with the said seventy dollars, and give Mr. Duer credit for the same. A letter from Stephen Kinnie, chairman of the com- mittee of Claverack, accompanying Barent Weger, Asa Landfear, Gideon (Gilford, Samuel Leonard and David Southward, who being suspected and thought dangerous to the liberties of America, and who refused to take the oath of allegiance to this State, were sent under a guard to this Council, was read and filed. Ordered, That the disposition of those persons be re- ferred to the commissioners for superintending the vessels for the reception of such persons at Esopus Landing. Ordered, That the Treasurer of this State pay to Lieut. Cornelius Hogeboom the sum of eight pounds seventeen shillings and four pence, for the pay and expenses of him- self and his guard, in conveying to this place Barent Weger, Asa Landfear, Gideon Gilford, Samuel Leonard and David Southward, by order of the committee of Cla- verack, and take his receipt for the same. Ordered, That ihe expenses be paid by the said pri- soners before they be discharged. Ordered, That the Treasurer of this State pay unto Captain Theodoras Brett, the sum of twenty-seven pounds twelve shillings and eight pence, in full for his account for service and expenses, in going express from Fishkill to Congress, at Baltimore, with despatches from Major-Gene- ral Schuyler, in December last, which said despatches were sent down from Albany by the General, with a re- quest that they be forwarded by a trusty express. Also, the further sum of seventy-six pounds five shillings and two pence, for his services, pay and disbursements in con- veying Major Edmeston, (a prisoner of war,) from King- ston to the Honourable Congress at Philadelphia, by order of the late Convention of this State, at General Washing- ton's request. The said two accounts to be charged to the United States of America. The Secretary according to order delivered in the affi- davit of Dennis Kennedy, relative to Colonel Samuel Drake, which was read, and is in the words following, to wit : " Dennis Kennedy, of Westchester county, being duly sworn, deposeth and sailh, that last Saturday morning he, this deponent, waited on Colonel Saml. Drake, one of the commissioners for sequestration in the said county, and delivered to him a letter written by Abm. Yates, Junr. and Zephaniah Piatt, Esqrs. by order of the Council of Safety, and directed to the said Saml. Drake, and Israel Honey- well, and James Hunt, commisssioners for sequestration in the said county ; that the said Colo. Saml. Drake, on receiving the said letter, retired into a room for a little while ; that on his coming out again, he asked the depo- nent what things he claimed or demanded ; that the depo- nent answered, those things of Mr. Peter Corne's, which were by the said commissioners seized and sold at vendue; that the said Colo. Drake replied, that he, the deponent, had no right to claim any of the things of Mr. Corne ; that the deponent then left the said Colo. Drake, as they were going to dinner ; that in the afternoon of the same day, the deponent again met with Colo. Drake at Genl. Putnam's quarters, and asked him whether he intended to send any answer to the said letter ; that Colo. Drake an- swered, that he thought that he had done his duty, and did not care two coppers about it ; and further this deponent saith not. " DENS. KENNEDY. " Sworn to, this 6th of June, 1777, ) before me. J " Robt. Benson." Ordered, That a copy of the aforegoing affidavit be transmitted to Colo. Saml. Drake, and that he be directed to inform this Council of his reasons for not complying with the requisitions contained in the letter sent to him by Mr. Kennedy, by order of this Council. DIE SABBATI, 10 ho. a. m. June 7, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Colonel Van Cortlandt, President. Mr. Hobart, Mr. Harpur, Major Tappen, Mr. Cuyler,Col. De Witt, Mr. Cantine, Mr. Gilbt. Livingston, Major Van Zandt, Mr. Jay, Mr. Yates, Mr. R. R. Livingston, Genl. Scott. A letter from Colonel Robt. Livingston, directed to Mr. Anthony Rutgers, relative to a gun making at his forge, of bar iron, under the direction of Captain Rutgers, and by order of the late Convention, was read and filed. Mr. Livingston therein requests 6lb. powder may be supplied to Mr. William Orr, for the purpose of proving the said cannon. Ordered, That the chairman of the committee of King- ston, be requested to direct the delivery of 6lb. of the gun- powder belonging to the State to Mr. William Orr, and take his receipt for the same. Ordered, That Mr. Cantine, Major Van Zandt and Mr. Gilbert Livingston, taking to their assistance Major Ten Broeck, be empowered to examine and discharge such of the prisoners as are confined on board the vessels at Eso- pus Landing, and are distinguished in a list from those who are thought very dangerous, by taking hostages, or otherwise. Mr. Livingston, to whom was referred the letter from the Honble. Philip Livingston and William Duer, Esqr. dated at Congress, May the thirty-first, enclosing resolu- tions of Congress, passed twenty-third day of May, rela- tive to equipping and manning the row galleys in Hud- son's river. And also a receipt for seventy dollars ad- vanced by Mr. Duer, to Captain Cook, on account of this State, brought in his report, which was read and approved. Resolved, That the Honourable the Congress, have from the commencement of the war with Great Britain, considered the security of Hudson's river as an object of the utmost importance to the safety of America : and there- upon, ordered at the Continental expense the erecting of fortifications thereon, and by various resolutions empowered the Commander-in-Chief, and the late Convention of this State, to obstruct the navigation thereof, and to build ves- sels of war for its security. Resolved, That it appears to this Council from the re- presentations of the Honourable Major-General Putnam, of the fourth instant, that it is necessary for the defence of the river that the Continental galleys now in Hudson river be fitted and manned ; and that the general cause of Ame- rica may not suffer by any delay in manning the same. Resolved, That Captain Cook, who is commander of the Lady Washington galley, by appointment from His Excel- lency General Washington, be requested to cause the said galleys to be properly manned and fitted for service, and that this Council will advance the money necessary for that purpose. Resolved, That the above resolution only extends to any expense that may in future accrue in fitting out and man- 960 JOURNAL OF THE COUNCIL OF SAFETY. ning the said galleys, and shall continue in force until the last day of November next, unless the General Congress shall previously take order about the same ; and that all warrants for money drawn by Captain Cook, be signed by Brigadier-General George Clinton. Resolved, That the Honourable Major-General Putnam be requested to afford every assistance to Captain Cook, in procuring men for the said galleys ; it being out of the power of this State to obtain any for the purpose. The Council being informed that William Smith and Patterson, Esquires, are attending in town, pursuant to the order of the 3rd instant, Ordered, That the Secretary wait on Mr. Smith and re- quest his attendance in Council. Mr. Smith attending, was by order asked the following questions from the Chair, to wit : " Whether he considers himself a subject of the inde- pendent Slate of New-York?" He desires that what follows may be accepted as his an- swer : " That he does not conceive himself discharged from his oaths of fidelity to the Crown of Great Britain. He re- fers to his letter of the 4lh of July last, in answer to the summons of a committee of the Honourable Congress, for an elucidation of his political sentiments. He has strictly con- formed to his parol in that letter, nor will infringe it. He then conceived that a separation from Great Britain could not be contended for with safety to the rights, liberties and privileges of this country ; and from a deep concern for the Colonies, he prays God that peace may be restored by a happy, safe and generous reconciliation." Mr. Patterson on being asked whether he considers him- self a subject of the independant State of New-York, he desired to know in what character he stood before the Council. On his being informed, that as an officer of the British establishment, he was looked upon in a suspicious point of light, Mr. Patterson answered, " That he does not consider himself a subject of the independent State of New-York ; that he looks upon himself as a subject of the King of Great Britain ; that he holds no military office ; but holds two, one pecuniary and one honorary office under the King of Great Britain ; that he has and means to observe a strict neutrality." Messrs. Smith and Patterson were informed that the Council will consider their cases respectively in the after- noon ; and in the mean time they were directed to attend in Kingston, until they receive the further direction of this Council. Adjourned to the afternoon. Die Saebati, 4 ho. P. M. June 7, 1777. The Council met pursuant to adjournment. Present — Pierre Van Corllandt, Esqr. President. Mr. Hobart, Mr. Abr. Yates, Mr. R. Harpur, Colo. De Witt, Mr. Gil- bert Livingston, Genl. Scott, Major Tappen, Mr. Cuyler, Major Van Zandt, Mr. Jay. A letter from General George Clinton, dated the fifth instant, relative to the Continental frigates in Hudson's river and the State privateers, was received and read. Ordered, That it be committed to Mr. Hobart, Mr. Ja- cob Cuyler and Mr. Gilbert Livingston, to report thereon. The Council of Safety took into consideration the case of William Smith and John Patterson, Esqrs. The minutes of this morning, and the declaration of those gentlemen, were respectively read and considered ; and thereupon, Resolved, That the said William Smith and John Pat- terson be confined within the manor of Livingston on their parol of honour, to abide there till the further order of this Council or the future executive power of this State ; and in the mean time, neither directly or indirectly, by words or deeds, to oppose or contravene the measures of the Uni- ted States of America or either of them, for supporting their independence in opposition to the King and Parlia- ment of Great Britain, or for supporting the present con- stitution or government of this State. Ordered, That the President take their parols, which were accordingly taken, by them respectively subscribed, and follow, to wit : " State of New-York, ss. — I, William Smith, Esquire, do hereby pledge my parol of honour, to abide within the manor of Livingston until the further order of the Council of Safety or the future executive power of this State ; and in the mean lime, that I will neither directly nor indi- rectly, by word or deed, oppose or contravene the mea- sures of the United States of America, or either of them, for supporting their independence in opposition to the King and Parliament of Great Britain, or for supporting the present constitution or government of the said Slate. "WM. SMITH. " Kingston, June 7th, 1777." " State of New-York, ss. — I, John Patterson, Esquire, do hereby pledge my parol of honour, to abide within the manor of Livingston until the further order of the Council of Safety or the future executive power of this State ; and in the mean time, that I will neither directly nor indi- rectly, by word or deed, oppose or contravene the mea- sures of the United States of America, or either of them, for supporting their independence in opposition to the King and Parliament of Great Britain, or for supporting the present constitution or government of the said State. "JOHN PATTERSON. " Kingston, June 7, 1777." Proposals of Peter R. Livingston, Esquire, for purchas- ing and bringing into this Stale a quantity of salt, was read, and follows, vizt : " Kingston, 7th. June, 1777. " The Proposals of Peter R. Livingston, for bringing into this State a quantity of salt for the use of the inhabitants of said State. " 1. That the sum of four thousand pounds be put into his hands for the above purpose, on his giving his receipt for the faithful expenditure of the same. " 2. That the above £4,000 be laid out in the eastern States, in salt, on the best terms in his power. " 3. That the above salt be brought into the State, and disposed of in small quantities, by the said Peter R. Li- vingston, adding to the first cost the charges of transpor- tation and his expenses of going and coming, so as to meet the said sum of four thousand pounds, which said sum to be replaced into the Treasury by the said Livingston, as soon as the sales are closed. " PETER R. LIVINGSTON. " To the Honourable the Council of Safety." Resolved, That the sum of four thousand pounds be put into the hands of Peter R. Livingston, for the purpose of bringing salt into this State for the use of the inhabitants thereof, on his giving his receipt for the faithful expendi- ture thereof. Resolved, That the said four thousand pounds be by the said Peter R. Livingston laid out in salt in the eastern States, on the best terms in his power. Resolved, That such salt be brought into this State and stored at such safe places therein as the said Peter R. Li- vingston shall direct ; that he thereupon transmit to the Council of Safety or the future Legislature of this State, an account of the prime costs of the said salt, his expen- ses in procuring, and the charges of transporting the same, to the end that proper regulations for the sale and distribu- tion thereof may be made. Ordered, That Mr. Hobart be, and is hereby appointed to confer with Doctor Townshend, relalive to (he making of salt for the use of the inhabitants of this State. Adjourned till Monday morning, 9 o'clock. JOURNAL OF THE COUNCIL OF SAFETY. 961 DIE SOLIS, 9 ho. a. M. June 9, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Major Tappen, Mr. Yates, Mr. Harpur, Mr Hobart, Mr. Gilbt. Li- vington, Mr. Cuyler, Major Van Zandt. For the want of another member, adjourned till this af- ternoon. Die Solis, 4 ho. A. M. June 9, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Major Tappen, Mr. Yates, Mr. Harpur, Mr. Hobart, Mr. Gilbt. Livingston, Mr. Cuyler, Major Van Zandt, Mr. Canline. The memorial of Doctor Piatt Townsend, a subject of this State, but now resident in the State of Connecticut, setting forth that he is a native of Queens county, within this State, and had been a resident in the city of New-York for some years, and fled from the same to the State of Con- necticut, on the approach of the enemy : that he has a si- tuation very convenient for making salt from sea water, and being inclined to make the same for the use of the in- habitants of this State, but fearing the embargo in the State of Connecticut may prevent the inhabitants of this State from receiving any salt there prepared, he therefore prays the interposition of this Council with the government of the State of Connecticut, that he may be allowed, as a refugee from New-York, to erect works in Connecticut for making salt to be transported into the State of New-York, was read and taken into consideration : and thereupon, Resolved, That the prayer of the said memorial be granted. Ordered, That Mr. Hobart draft and report a letter on the subject to the government of Connecticut. Whereas William Smith and John Patterson, Esquires, are, by a resolution of this board of the seventh instant, confined within the manor of Livingston : And whereas doubts have arisen whether, by the said resolution, it was intended that those gentlemen should not be permitted to go into and pass through the east camp, ^Resolved, That it is not intended by the said resolution to restrict the said William Smith and John Patterson, Es- quires, from going into and passing through the east camp at their pleasure. And further Resolved, That the said William Smith and John Pat- terson, Esquires, be and they are hereby permitted to go to Red Hook, in Rhinebeck precinct, for the purpose of attending divine service, under the restrictions contained in the parols of those gentlemen respectively. On reading the petition of John Mufed, James Beggs and Isaac Lockwood, confined in jail, Ordered, That Mr. Sheriff Dumond be directed to cause necessary provisions to be provided for the said persons during their confinement. A letter from Colonel Jacob Hornbeck, dated Roches- ter, June the eighth, sent by Johannes Oosterhoudt and Nicholas, an Indian, and enclosing the copy of a talk made by the said committee to the Indians, and the examination of the said Oosterhout and the Indian, on their return from the Indian country, were read and filed. Ordered, That Major Tappen write to Colonel Horn- beck, informing him that the examination by him trans- mitted, is full and sufficent. And Ordered, That Major Tappen pay to Johannes Ooster- houdt, and Nicholas, the Indian, for their expense and trouble in coming to this Council, the sum of forty shil- lings ; and that the Treasurer of this State repay Major Tappen the said sum out of the treasury. Adjourned till to-morrow morning 10 o'clock. 241 DIE LUNiE, 10 ho. a. m. June 10, 1777. The Council of Safety met pursuant to adjournment. Prayers as usual. Present— Pierre Van Cortlandt, Esqr. President. Mr. Hobart, Colo. De Witt, Mr. Cuyler, Major Tappen, Major Van Zandt, Mr. Yates, Mr. R R. Livingston, Mr. Gilbt. Livingston. A letter from Hugh Hughes, deputy quarter-master- general, dated the eighth instant, requesting a supply of duck or old sails, for the public service, was read and filed. A draft of an answer to the said letter was read and ap- proved, and is in the words following, to wit : " Sir — The Council have directed me to inform you that they have no old sails or duck in store, so that it is out of their power to supply you. As the frequent requi- sitions from the army have already stripped the subjects of this State of almost every article of this kind, and their want of a seaport, as well as the restrictions imposed by the neighbouring States, prevents their receiving further supplies, the Council must decline giving so general a power to Mr. Dobbs as you request, which, indeed, they should at all times think imprudent, except in cases of the most urgent necessity. " I am, sir, &c. " To Colo. Hughes." Ordered, That a copy be signed by the President, and delivered to Mr. Dobbs. Mr. Sands, the Auditor-General, delivered in a note, in the words following, to wit : " May 10th, 1777. "Sir — Please to deliver unto the bearer hereof, Capt. Moses Cantine, the sum of three hundred pounds, for the use of the commissioners, &c. In whose behalf, " I am, sir, your hble. servt. "PETER CANTINE, Junr. One of the Commissrs. " Comfort Sands, Esqr." The same being read, Ordered, That the Treasurer of this State advance to Peter Cantine, Esquire, one of the commissioners for de- tecting conspiracies, &c. the sum of three hundred pounds for the use of the said commissioners. Mr. Sands, the Auditor-General, came into Council and requested their directions relative to the auditing Saml. Ogden, Esquire's, account, for hempseed, by him pur- chased on account of this State, by order of the late Con- vention ; that from Mr. Ogden's account it appears that he hath purchased five hundred and forty bushels of that arti- cle, and transported the same to New-Windsor ; that Mr. Ogden produces vouchers of the persons of whom he hath purchased the same, and receipts from the teamsters, who conveyed the same to New-Windsor, but that he has only receipts for the delivery of a part of the same at New- Windsor. Ordered, That Mr. Sands do audit Mr. Ogden's ac- count, and that he accept of the vouchers above mentioned as sufficient, notwithstanding the forty bushels over and above the directions to Mr. Ogden, given by the Convention. A letter from General George Clinton of the fifth instant, and which was committed on the seventh instant, was again read, and is in the words following, to wit : " Fort Montgomerie, 5th June, 1777. " Sir — I was desired by Genl. Putnam, two days ago, to write to the Honourable the Council of Safety of this State, to request they would use every means in their power to forward the Continental frigates down to this post. He likewise desired me to mention that as very consider- able additional works, (at the public expense,) were di- rected to be made for the more effectual obstruction of the navigation of the river at this place, in which this State is so much interested, it is expected that the two Slate pri- 962 JOURNAL OF THE COUNCIL OF SAFETY. vatecrs will be sent down to the chain, with the other ves- sels, to which I presume there can be no objection, as at this place they may be of great service, and I can't see that they can be of any at any other on the river, especially since the shipping are out of the creek, and will be armed for their own defence. " I should be glad to be informed if the committee of arrangements continue to appoint officers to supply vacan- cies in the five State regiments, as well because I under- stand there are already many in some of them, as that it is a contingency we may frequently expect, and the ser- vice injured if not speedily supplied. I expect my present brigade major will soon be ordered to join the regiment, to which His Excellency the General has appointed him. I mean, then, to make an offer of that berth to Capt. Lush, paymaster to Colo. Duboys's regiment ; in which case, however, I would esteem it a singular favour if Capt. Townsend, a worthy officer of my brigade last year, might succeed him in his present office, for which, as he served a time to merchandise, I think him very capable, and I have no doubt but it would be agreeable to the regiment. He has merit, not only as a good officer, but in sacrificing his livelihood in the cause, and he is now out of all kind of business. " I am, with much respect, " Your most obedt. servt. " GEO. CLTNTON. " To the Honourable President of the Council of Safety. " P. S. I forgot to mention that John Conkling, Esqr. of Haverstraw, a recruiting captain in the enemy's service, his first lieutenant of the same surname, a sergeant and one private, were sent to this post last Wednesday, by my brother. His enlisting paper was found with him, (to which there were twenty odd names subscribed,) a permission to pass and repass the outposts from Genl. Howe, and a protection from Lord Cornwallis, all dated in November last. I have ordered these villains to Peekskill, in irons, to be tried for treason. My brother writes me that a small scouting party had just returned from Bergen woods, where they had taken two wagons on their return from New-York, where they had been to market. The men escaped who were in the wagons, but left some women in them." Mr. Hobart, to whom was committed the letter from General George Clinton, dated the fifth instant, reported a draft of a letter in answer thereto, which was read and ap- proved, and is as follows, to wit : " Sir — The Council have desired me to inform you in answer to your favour of the fifth instant, that they have exerted themselves to their utmost to forward the Continen- tal frigates, but as the State is without cannon and seamen it is impossible that their exertions can answer the purpose ; the ships are now at Poughkeepsie, and will, I hope, soon be iigged, which is the utmost we shall be able to do to- wards completing them. We have informed General Put- nam of our destitute condition, and from the information received from General Greene, trust he will fall upon some means to procure guns and seamen for them, that they may be used in the defence of the river. One of our privateer sloops is employed to guard the State prisoners on board the vessels in the river, the other is now at. Albany : as soon as she returns she shall be sent down to the chain, where she can be of but little service unless men can be procured for her there. " The committee of arrangement conceive that their power expired with the late Convention, but the Council will proceed to fill up such vacancies as may happen in the five regiments, till the meeting of the legislature, and will always pay a pariicular attention to your recommendations. Whenever the paymastership of Colonel Duboys's regiment shall become vacant, a commission shall be filled up for Captain Townsend. " I have the honour to be, with great respect, " Your most obedt. " General George Clinton." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Mr. Hobart, according to order, reported the draft of a letter to Governor Trumbull, on the subject of Doctor Townsend's memorial to make salt in Connecticut for the inhabitants of this State ; the same was read and approved and is as follows, vizt : " Sir — An application has been made to the Council of Safety of this State by Doctor Piatt Townsend, requesting their interposition with the government of Connecticut that he might be allowed to erect salt works there and transport the salt into this State for sale. "The Council made not the least hesitation to comply with Doctor Townsend's request, as the inhabitants of this State are suffering to a very great degree for that necessary article, being shut up from the ocean by the common enemy, and in a great measure deprived of any benefit from it by the embargo laid in the eastern States, their dis- tresses will become insupportable, unless speedy measures be taken for their relief ; the board has therefore directed me to write to your Excellency upon the subject, and to request not only that Doctor Townsend may be allowed to erect his works, but that a general indulgence may be granted to all such as may incline to erect salt works for the purpose of supplying the inhabitants of this State. As it is impossible that our sister States should have enter- tained the most distant inclination of assisting the common enemy to distress this State, the board is firmly persuaded that this just and necessary requisition will be cheerfully complied with. "The late Convention wrote to you on the subject, which I presume must have." [Remainder missing.] Ordered, That a copy thereof be engrossed and signed by the President, and transmitted. Resolved, That Henry Cuyler, Esqr. of the county of Albany, who is sent to this place by the committee of the said county as an officer in the pay of the King of Britain, and dangerous to the liberties of America, be confined to the town of Hurley, and that Colo. De Witt and Mr. Gilta| Livingston be a committee to provide quarters for, and take a parol of him, similar to those given by William Smith and John Palterson, Esquires. Ordered, That Christian Cooper, Johannes Cooper and Peter Cooper, of the manor Livingston, be ordered to at- tend this board on Friday next, and that Capt. Jacob Bow- ers do serve them with this order. Adjourned till to-morrow morning 10 o'clock. DIE MERCURII, 10 ho. a. m. June 11, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esq. President. Major Van Zandt, Major Tappen, Mr. Harpur, Mr. Yates, Mr. R. R. Livingston, Mr. Gilbt. Livingston, Mr. Cuyler. For want of another member, adjourned till to-morrow morning 10 o'clock. DIE JOVIS, 10 HO. A. M. June 12, 1777. The Council met pursuant to adjournment. Present— Mr. Robl. R.Livingston, Mr. Tappen, Mr. Harpur, Major Van Zandt, Mr. Yates, Mr. Cuyler, Mr. Gilbt. Livingston, Mr. Hobart. JOURNAL OF THE COUNCIL OF SAFETY. 963 The President being prevented from crossing the river by reason of bad weather, Adjourned till to-morrow morning. DIE VENERIS, 10 ho. a. m. June 13, 1777. The Council met pursuant to adjournment. Opened with prayer. Present — Pierre Van Cortlandt, Esqr. President. Mr. Abr. Yates, Mr. Hobart, Colo. De Witt, Mr. Gilbt. Livingston, Major Tappen, Major Van Zandt, Mr. Cuyler, Mr. Morris. Ordered, That Nathaniel Sackett, Esquire, deliver to Colonel Lasher, as commissary appointed by the Con- vention of this State to take charge of the military stores thereof, all the public military stores which were in his custody, and take a receipt for the same; that Mr. Sackett exhibit and deliver all his accounts and vouchers relative to the said stores, to the Auditor-General, to be audited, that they may be filed in the Treasurer's office. Ordered, That the Secretary deliver to Mr. Nathaniel Sackett, half a pound of purging salt, on receiving pay for the same. Ordered, That the Secretary deliver to Doctor Thomas Jones two bottles of spirit of volatile salt, on Doctor Jones paying for the same. A certificate of Ephraim Paine, Esqr. of Dutchess county, was read, in the words following, vizt : " State of New-York, ) Dutchess County. J " This may certify, that on the 20th day of May, one thousand seven hundred and seventy-seven, Assa Wal- bridge personally appeared and voluntarily took the oath of allegiance to the State of New- York, prescribed by the Honourable the Convention of the said Stale, contained in their declaration or ordinance of the tenth of this present May, respecting the offering free pardon to those subjects of the said State as have gone over to the British troops, &c. " Taken and sworn the day and year ) above written, before me. { " Ephraim Paine, Justice of the Peace." ^Ordered, That the President issue a pardon to the said Assa Walbridge. Adjourned till 4 o'clock, P. M. Die Veneris, 4 ho. P. M. June 13, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Cantine, Mr. Harpur, Mr. Morris. Major Tappen, Mr. Gil. Livingston, Mr. Cuyler, Colonel De Witt, Mr. Hobart. A return, dated the eighth day of March last, signed Elihu Marvin, chairman of Cornwall precinct, was read. He thereby certifies that Barnabas Horton was unanimous- ly chosen ensign in Captain Thomas Horton's company, in Jesse Woodhull's regiment, and requesting a commis- sion. Ordered, That it lie on the table, as the meeting of the Legislature is near at hand, and it is expected the militia will, by the Legislature, be new modelled. A petition of Coenradt Ring and Jeremiah Tater, two prisoners in Ulster jail, praying a discharge, was read, and ordered to lie on the table. A peiilion of Thomas Haddon, dated the eleventh in- stant, praying his discharge, was read, and ordered to lie on the table. The petition of Samuel Freligh, a prisoner in Kingston jail, dated this day, acknowledging his crime, and praying pardon, was read, and ordered to lie on the table. A petition of Joseph Penny, a prisoner in Kingston jail, praying a discharge, was read, and referred to Messrs. Gilbert Livingston and Van Zandt, to inquire thereon. A petition of John Kortz, Junr. a prisoner in Ulster county jail, praying leave to go home on a furlough, was read. The Council were informed that Kortz is a very wicked conspirator against this State. Ordered to lie on the table. A petition of Gideon Gifford and eleven others, com- plaining of the jail keeper, was read, and ordered to be re- ferred to Egbert Dumond, Esqr. high sheriff, to direct thereon what may be right. A petition of John Savage, dated the eleventh instant, praying the benefit of the act of grace, was read, and or- dered to lie on the table. A petition of Elnathan Foster, dated this day, was read. He therein sets forth that his money is nearly expended ; that boarding is very expensive here, and therefore prays leave to go to reside at his sister's, at the New-Paltz. Ordered, That the prayer of the petition be granted ; that Egbert Dumond, Esqr. sheriff, take his parol to remain in her family, to be a prisoner on that farm, and not go out of the limits thereof; and to return a prisoner to Kingston on the first notice or order from the said sheriff for that purpose. A petition of Jan Freer, praying to be discharged from jail, on bail or parol, was read, and ordered to lie on the table. A petition of Jacob Powers and others, requesting a discharge of sundry persons, was read, and ordered to lie on the table, but at the request of Mr. Gilbert Livingston, delivered to him. An account of James Van Brackle, the jail keeper, for maintaining sundry prisoners therein named, in jail, amount- ing to fifteen pounds fifteen shillings, was read. Ordered, That the said account be committed to Egbert Dumond, Esqr. high sheriff of Ulster county ; that the said sheriff lake to his assistance such reputable person or per- sons in Kingston as he may think proper, and fix a regula- tion which may be proper for maintaining indigent prison- ers, and report the same to this Council. A letter from Lynde Lord, dated at Litchfield the twen- ty-seventh of May last, was read. He therein mentions that he had, in November last, informed Convention by let- ter that Israel and Isaac Youngs had escaped and left about eighty pounds in his hands, and praying some order or direction thereon, and mentioning Mr. David Buel's account for maintaining prisoners. David Buel's account, amounting to sixty-three pounds, ten shillings and eight pence, was exhibited for payment. Ordered, That the said letter be committed to Mr. Ho- bart and Colonel De Witt. A letter from Gilbert Forbes, confined in Litchfield jail, dated the twenty-seventh day of May, and praying a remo- val or relaxation of his confinement, was read, and commit- ted to Mr. Yates and Mr. Gilbert Livingston, to whom the case of Gilbert Forbes, on the application of Philander Forbes, was formerly committed. The Council were informed that John Cooper and Pe- trus Cooper, two of the persons from the manor of Living- ston, who, by an order of this Board of the tenth instant, were directed to attend this Board on this day, are now at- tending at the door. And a certificate of a certain Ja- cobson, who calls himself a physician, was exhibited and read, certifying that Christian Cooper has three wounds in his arm and a wound fever. Ordered, That Mr. Cantine and Mr. Gilbert Livingston be a committee to take the deposilions of the said John Cooper and Petrus Cooper, and report them to this Council. A letter from Colonel John Lawrence, dated at Morris Town, the twenty-sixth day of May last, relative to money in the hands of Thomas Kenny, which arose from the sale of effects which did belong to Hamilton Young, now with the enemy, was read. Ordered, That it be committed to Mr. Morris and Ma- jor Tappen. On motion of Mr. Morris, Ordered, That the resolution of the Convention passed 964 JOURNAL OF THE COUNCIL OF SAFETY. on the day of last, be again published in the newspaper, and that the public be, by an advertise- ment in the newspaper, informed that the proper time for sowing of hemp is from the first to the twentieth of July. Resolved and Ordered, That Major Tappen be and is hereby authorized and empowered to purchase and procure to be brought to Kingston, one ton of nails and nail rods, from New-Jersey, for the use of this State. A letter from Genl. McDougall, dated at Peekskill, on the ninth of June, was read. The proceedings of the said court martial therein men- tioned, on the case of John Likely and Anthony Umans, were respectively read, and remain for further conside- ration. The journal of the officer sent out by General McDou- gall for discovery, was also read. Ordered, Tha-t the officer commanding Captain Frede- rick Schoonmaker's company, do furnish to the sheriff of Ulster county a guard not exceeding five men. A memorial of Henry Cuyler, commissary of stores and provisions to his Britannic Majesty, was also read. He therein recites a determination of this Council that he be not permitted to return to his family at Greenbush, and prays that he be permitted to reside in the north part of the county of Dutchess, in the neighbourhood of Harman Hoffman. Resolved, That the prayer of the said memorial be granted ; Mr. Gilbt. Livingston dissenting. That when Mr. Cuyler has mentioned to this Council the place of his residence, the limits of his confinement will be fixed. A letter from John Henry, commissary of clothing, dated the 8th June instant, was read, and is as follows : " Fishkill, 8th June, 1777. " Dear Sir — This day saw John Canfield, Esqr. at which time he informed me that he had furnished the Council of Safety with the invoice of the goods purchased by Mr. Hoskins for this State ; also, that that gentleman had forwarded them to his place. Should you think it ad- visable to have them sent this way, Mr. Canfield says he can either send them to Ryhnbeck or to Poughkeepsie, which will be a much nearer land carriage than from Sha- ron to this place ; and as there is a ready conveyance by water from either of those places, I think it will do best to let them come by the way of the latter. Mr. Hoskins's letter is now before me, wherein he has given an abstract of the invoice, the particulars of which you are made ac- quainted with ere this. " The friezes, narrow linens, dowlas and stockings we want immediately. I am sorry the buckskin breeches have not been sent down, agreeably to my expectations ; there is, I may say, frequent application for them; indeed, the soldiers complain very much that they cannot get their clothing after so many applications ; and as the breeches are in store at Kingston, I have pledged my word from day to day, and am still disappointed. " It would oblige me much if your House would give orders to send them down by the first opportunity. I also applied for more cash, which I am flattering myself will come in season. " I am, dear sirs, very respectfully, " Your most obt. hble. servt. " JOHN HENRY." On motion of Mr. Morris, Resolved and Ordered, That Mr. John Henry, com- missary, &c. remove with the stores of clothing belonging to this State to Kingston, in Ulster county. Adjourned until to-morrow morning, 10 o'clock. DIE S ABB ATI, 10 ho. a. m. June 14, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Major Tappen, Mr. Cantine, Mr. Cuyler, Major Van Zandt, Mr. Hobart, Mr. Morris, Mr. Gilbt. Livingston, Mr. Harpur, Colonel De Witt. A petition of Abraham Burghardt, dated this day, and praying to be discharged from his confinement in the jail of Kingston, and for leave to return home. Ordered, To lie on the table. Major Van Zandt informed the Council that the family of Mr. Jacobus Low are very uneasy on account of the public gunpowder now lodged in his house. Mr. Morris moved, and was seconded by Major Tappen, that Colonel Lasher be directed to call on the corporation of Kingston, and with their aid, to fix on a proper place to erect a public magazine for the stores of this State, and to have such magazine erected. Debates arose thereon. On motion of Mr. Yates, seconded bv Colonel De Witt, Ordered, That the question on Mr. Morris's motion be postponed for consideration. Resolved and Ordered, That Colonel Lasher be and is hereby directed to confer with the trustees of Kingston to fix on a proper place to erect a temporary magazine for gunpowder and other military stores. And that he pro- ceed to have such magazine erected, with timber and boards. A letter from Abraham P. Lott, Esquire, dated at Bos- ton, on the first day of June instant, relative to his pur- chasing salt, was received and read. He advises that a letter be wrote by this Council of Safety to the new Coun- cil elected at Boston, requesting their aid to procure salt. Ordered, That the said letier be committed to Mr. Yates, Mr. Van Zandt and Mr. Hobart. A letter from the committee of Albany, signed by John Barclay, Esqr. chairman, dated the thirteenth instant, was received and read. The said letter enclosed a list of fif- teen prisoners, too dangerous and troublesome to be con- fined in Albany jail, and therefore sent to Kingston ; copi<^ of two insolent letters sent to the committee of Albany, one from Alexander Robertson, the other from Jonathan Owan, William Lewis, William Pemberton and Hugh Anderson ; and a list of the names of ten gentlemen by them recommended as commissioners to dispose of the property of persons gone to the enemy. Ordered, That the said letter, as far forth as relates to the appointment of commissioners, be referred to Mr. Yates and Mr. Cuyler. Ordered, That William Pemberton, Jonathan Owens, Hugh Anderson, Samuel Hannah, William Lewis, Philip Brooks and Lieut. Angus McDougall be immediately sent up to Kingston and confined in Kingston jail. And, Ordered, That John Van Allen, John S. Van Alstyne, David Wederwax, Jacob Wederwax, Andries Diver, Chris- tian Fisher and Barnard Sipperly be sent on board of one of the vessels which constitutes the fleet prison ; the said prisoners to be confined in jail separate from other pri- soners, if it can be done. Ordered, That Silas Duel be, and is hereby, permitted to go to Egbert Benson, Esquire, in Dutchess county, to take the direction of the commissioners for delecting con- spiracies, &c. concerning his farther confinement. JOURNAL OF THE COUNCIL OF SAFETY. 965 Resolved, That David Currie, commissary for supply- ing the Continental troops raised in this Slate, with such articles as are not furnished to them by the Commissary- General, be directed not to sell any clothing to the troops without an order in writing from the captain of the com- pany to which they respectively belong. A draft of a letter to the President of Congress, and a draft of a letter to the Delegates of this State at Congress, were respectively read and committed to Mr. Hobart and Mr. Morris, to reconsider and report thereon. The letter from Brigadier-General McDougall of the ninth instant, and which was received on the thirteenth instant, was again read, and follows in the words following, to wit : " Peekskill, June 9, 1777. " Sir — I have just time, by the return of your express, to enclose you the sentence of a general court martial against John Likely, and others, and part of the journal of my recruiting officer, whose time of service, and the other witness, has expired. The court martial was dissolved agreeably to their request. The witnesses being gone home, nothing more has been been done with Likely's ac- complices. If the Council of Safety should think proper to proceed against them, the witnesses may be got from Connecticut, if the county will defray their expenses. Williams is not executed, but still confined, awaiting your orders. Time will only permit me to add that, " I am, sir, "Your very humble servant, " ALEXR. McDOUGALL." Mr. Morris reported a draft of a letter to General Mc- Dougall, in answer to his letter of the ninth, which was read, and again read by paragraphs, amended and approved of, and is in the words following, vizt : " Sir — The Council of Safety have received your favour of the ninth instant, with the minutes of your court martial. Neither of the sentences are confirmed, for the most evi- dent reasons, because neither of them are according to law ; for the crimes of which the prisoners were accused, and found guilty, are punishable with death, and not by a num- ber of stripes. The Council approve of your dissolution of the court martial, but at the same time direct me to re- quest that you would keep all the prisoners, as well those lgho have been tried as their accomplices, in safe custody, until by the laws of the land, and the judgment of their peers, they may be regularly condemned or acquitted. " I have the honour to be, &c. " To General McDougall." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. The letter from Lynde Lord, dated 27th of May, to- gether with Buell's account against prisoners confined in Connecticut, and which were committed, was again read, and is as follows, to wit : " Litchfield, May 27, 1777. " Gentlemen — You may remember that some time last Novr. I wrote you an account of Israel and Isaac Youngs's escape from this place, and likewise of about £80 New- York money being left in my hands, which I suppose is forfeited to your Convention, or State ; and at the same time desired some directions how to dispose of said money. Since which have never had any directions about the mat- ter, and as the money still remains in my hands, hope you will give some orders how I may dispose of the same. And as there is a considerable sum due on account of pri- soners sent from your State to our jail, and the expense of old Guyer's sickness, while confined here, and the money chiefly due to persons who are unable to wait any longer for their money, hope you will empower some proper per- son to settle and close the accounts, as we have no pri- soners confined here by your order except Gilbert Forbes. The bearer hereof, Mr. David Buell, (who has been the jailer from the time your prisoners were sent here, till within a few days,) will present his account for boarding, 242 &c. which I can assure you is charged at the same rate per week as our State allows for our prisoners confined in the same prison. " I hope, gentlemen, to have the pleasure of receiving by Mr. Buell some further directions about the matter. " I am, gentlemen, with the greatest respect, " Your most obt. humble servant, "LYNDE LORD. " To the Convention of the State of New- York." The committee to whom was committed the said letter from Lynde Lord, Esqr. together with the account of David Buell, for the maintenance of prisoners in Litch- field jail, brought in their report, which was read. There- upon, Resolved, That the account is reasonable, and ought to be referred to the Auditor-General for payment, and that the money left by Israel and Isaac Youngs in the hands of Mr. Lord should be remitted to the Treasurer of this State, there to remain for the disposition of the Legislature. DIE LUNiE, 10 ho. a. m. June 16, 1777. The Committee met pursuant to adjournment. Prayers as usual. Present — Mr. Abraham Yates, Major Tappen, Colo. De Witt, Mr. Cuyler, Mr. Robt. Harpur, Mr. Hobart, Mr. Gilbt. Livingston, Mr. Van Zandt, Mr. Morris. The President being absent, Mr. Hobart was unani- mously chosen President pro tempore. A letter from Samuel Drake, Israel Honeywell, Junr. and James Hunt, commissioners for taking into custody the effects of disaffected persons in Westchester county, dated the tenth day of June instant, relative to the property formerly belonging to Peter Corney was read, and the Council were informed that Mr. Ward is attending in obe- dience to a former order of this Council. Ordered, That the said letter be committed to Colo. De Wilt and Mr. Cuyler, and those gentlemen be a committee to confer wilh Mr. Ward. A certificate of Colonel John Frear, dated at Pough- keepsie the second of June instant, was read. He thereby certifies that Simon Le Roy, who has been to the enemy, has returned to his allegiance, has taken the oath of alle- giance to the State of Mew-York, and faithfully promised to defend the same with his life and fortune. Ordered, That the Secretary prepare, and the President pro tempore issue, a pardon to the said Simon Le Roy. Ordered, That Mr. Cantine, Mr. Gilbert Livingston and Major Van Zandt, be a committee to examine the cases of the several prisoners in Ulster county jail and in the Fleet prison, and report the names of such of them as, in their opinion, may be liberated. Adjourned till to-morrow morning, that the committees may have an opportunity. DIE MARTIS, 10 ho. a. m. June 17, 1777. The Committee met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Major Tappen, Mr. Harpur, Mr- Hobart, Colo. De Witt, Mr. Cuyler, Mr. Yates, Mr. Gil. Livingston, Mr. Jay, Mr. Cantine, Mr. Morris. The petition of Jacobus Hardenburgh, of Hurley, dated at Hurley on the 17th instant, praying that Roeloff J. El- ting may be removed from the Fleet prison to the house of the said Jacobus Hardenbergh, in Hurley, where he hoped the conduct of the said Roeloff may be conformable. Ordered, That Mr. Cantine, Mr. Gilbt. Livingston and Mr. Van Zandt, the committee appointed yesterday to in- 966 JOURNAL OF THE COUNCIL OF SAFETY. quire into the state of tlie prisoners, or some of them, take the parol of the said Koeloff J. Elting, and that the prayer of the petition be granted. The petition of Mary Hagator for the discharge of her husband, Christopher Hagator, and of Johannes Lyck and Benjamin Poucher, was read and referred to the above named committee. A draft of a letter to the President of General Congress was read, amended and approved, and is in the words fol- lowing, vizt : " Council, &c. June 17th. " Sir — We have received from the Delegates of this State the resolution of your Honourable House of the twenty-third of May last, requiring us to equip such galleys as may be necessary for the defence of Hudson's river, and to direct their operations. Congress having hitherto con- sidered this matter in the light of a Continental charge, we are confident they cannot mean to cast the burden now upon this weak and mutilated State, and therefore are led to suppose that this resolution has not received that due weight of deliberation which usually accompanies every affair of importance. " From the earliest commencement of the present war a line of distinction hath, by the justice of your Honour- able Body, been drawn between New-York and her sister States. As the centre of America, and in the vicinity of Canada, this State, as well from the exposed situation of its capital as from the navigable river by which it is inter- sected, became of necessity the grand object of our foes. It was wisely foreseen that they would make the most strenuous exertions to possess themselves of it ; and that their success, by obstructing the easy communication through this vast Continent, by opening to them the re- sources of a fertile and extensive region and by removing every obstruction to a free intercourse with the disaffected, would expose all the neighbouring States to reiterated de- predations, subject the numerous tribes of savages to their entire control, and open a broad road to the subjection of America. From a full conviction of these truths, Congress have ordered several different works to be erected, and have empowered his Excellency the General and the late Con- vention of this State to construct fireships and other ves- sels at the expense of the Continent, for the defence of Hudson's river. " Forts and vessels have been built, and many obstruc- tions raised in consequence of their resolutions, and the better to forward the designs of your Honourable House in this and in other parts of America, all the cannon and other military stores of this State, to a very considerable amount, have been delivered to the officers of the Conti- nent. "It is therefore with great surprise, that we are inform- ed of your requisition to fit out as many galleys as may be thought necessary for the defence of Hudson's river. For by the loss of our capital and sea coast, almost all our ship carpenters and other necessary mechanics, have sought employment in the neighbouring States, and those who re- main have been lately sent to Lake George, where they now are in the Continental service. We have no cannon ; and we can venture to assure Congress, that there are not twenty good seamen to be hired in that part of the State of New- York now in our possession. " But were it in our power to comply with this requisi- tion, there is a most evident impropriety in subjecting the direction of those galleys which are to cover the chain and keep open the communication between the works on the different sides of the river, to the executive power of this State ; for vessels so employed are certainly to be consi- dered as the necessary appendages of those works, or, in- deed, as a part of them ; and then, that they should be in- dependent of the officers commanding at that post, is utter- ly inconsistent. " For those reasons, sir, we hope Congress will excuse us for requesting the reconsideration of that resolution, and not by commands we are incapable of complying with, deprive us of the pleasure we enjoy in acknowledging the wisdom and justice of their measures by a ready and cheer- ful acquiescence. That the service may suffer as little as possible by this delay, we have passed the resolution which we do ourselves the honour to enclose ; and, sir, if you reflect upon the great expense this State hath incurred by bounties paid to their militia, who have been called out whenever the weakness of the army required their assist- ance ; by the suppression of insurrection and the apprehen- sion and support of the disaffected, of whom, not less than five hundred are at this time in confinement ; by the main- tenance of the numerous poor from those parts of our State in possession of the enemy, and above all, by the enhanced price at which we obtain every necessary from the neighbouring States, it must be acknowledged that a parsimonious disposition hath no part in what we have of- fered, and that we have not only borne our full share of the burden, but shown such alacrity in taking it upon us, as must carry with it a conviction that we feel the ut- most regret whenever we find ourselves so circumstanced as to be constrained to forbear complying with any requisi- tions from your Honourable House. " I am, &c. "To Hon. John Hancock. "Resolved, That Mr. Tompkin's and the other commis- sioners now in Westchester county discharging the public debts for forage supplied the army, pay all such sums as may be reasonably due to the persons employed by the committee of Convention in procuring forage for the army, the loss they have sustained in the public service and charge the same in account to the Continent. " Extract from the minutes." Ordered, That a copy of the said letter be engrossed, and signed by the President, and transmitted. A draft of a letter to the Delegates of this State in Congress, was read and approved, and is in the words fol- lowing, vizt : " Gentlemen — The Council received yours of the thir- ty-first day of May, and have directed me to inform you that the enclosed, which is left open for your perusal, con- tains their exceptions against the resolve transmitted by you ; they wish you to set this matter upon its proper foot- ing, in order to prevent any altercations when our accounts for the defence of the river are to be settled. The Con- vention wrote last winter to their Delegates, requesting them to get some engagement by which the rangers would be made a Continental charge, those, particularly, on the frontiers ; they were informed in answer thereto, that there was no doubt but that it would be done. However, as no resolution for that purpose has yet been transmitted, the Council beg you to get some settlement of this matter so that they may know how to make out those accounts. " I am, gentlemen, with great respect, &c. " To ITonobt. Philip Livingston, James Duane, and Francis Lewis." Ordered, That a copy thereof be engrossed, and sign- ed by the President, and transmitted. The petition of Marytje Loup, dated the fourteenth in- stant, praying for the discharge of her husband, Martin Loup, from on board a sloop at the strand, was read and referred to Mr. Canline, Mr. Gilbert Livingston and Mr. Van Zandt. The petition of William Hartor, Junr. praying for the discharge of his brother Petrus Hartor, Junr. and the pe- tition of Benjamin Darby, praying permission on his parol to visit his family, were respectively read and committed to the same committee. A letter from Robert R. Livingston, on behalf of Jacob Funck, requesting the discharge of his son from on board the ship Monlgomerie, was read; ordered to lie on the I table. JOURNAL OF THE COUNCIL OF SAFETY. 967 A letter from Henry Livingston, Junr. and Theodorus Van Wyck, dated the fourteenth instant, requesting direc- tions as to the effects of Thomas Fisher, was read, and committed to Mr. Piatt and Mr. Gilbert Livingston. A letter from Samuel Drake, Israel Honeywell, Junr. and James Hunt, commissioners, &c. dated at Bedford, the eleventh instant, relative to wine and other property now in Connecticut, which did belong to the widow of David V. Home, and whom the commissioners suppose have gone over to the enemy, was read and filed, and com- mitted to Mr. Hobart. A letter from Jonathan G. Tompkins, dated the tenth instant, relative to stock in Westchester county, stolen for the use of the enemy, and sundry other matters, was read and committed to Mr. Morris and Mr. Jay to report thereon. Resolved, That Mr. Tompkins and the other commis- sioners now in Westchester county, discharging the public debts for forage supplied the army, pay all such sums as may be reasonably due to the persons employed by the committee of Convention, on procuring forage for the army, the losses they have sustained in the public services, and charge the same on account to the Continent. A letter from Henry Schenk, Esq. at Fishkill, dated the twelfth day of June, was read. He thereby informs that he has received from Abraham P. Lott, Esquire, twelve tierces of salt, containing seven and a half bushels each, purchased by order of the Convention for the use of the Stale, and requests directions respecting the same. Ordered, That it be committed to Mr. Yates and Mr. Hobart. Whereas the presence of Mr. Robert R. Livingston is necessary to give information relative to the prisoners in custody here. On motion of Mr. Jay, Ordered, That Robert R. Livingston, Esqr. do attend the business of this Council of Safety without delay. Gilbert Livingston, Esqr. suggesting that he is unwell, in danger of a great weakness and want of health without relaxation, obtained leave of absence until he shall recover his health. Colo. De Witt and Mr. Cuyler, a committee, brought in their report on the petition of Dennis Kennedy, and the sundry papers relative thereto ; the same being read, de- bates arose thereon, and thereupon it was recommitted to the same committee. A letter from Cadwallader Colden, Esq. relative to pro- visions, was read and postponed till the afternoon. Die Martis, 4 ho. P. M. June 17, 1777. The Council met pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. President. Mr. Cantine, Mr- Hobart, Mr. Plait, Colo. De Witt, Genl. Scott, Mr. Harper, Mr. Yates, Mr. Jay, Mr. Cuyler. Resolved, That Mr. Hobart, Mr. Jay, and Mr. Cuyler be, and hereby are appointed a committee to regulate the Fleet prison, and to appoint proper persons for that purpose. Comfort Sands, Esqr. the Auditor-General, being ad- milted, requested the advice of the Council as to an ac- count of Lieutenant Victor Bicker, as lieutenant of marines. Ordered, That the Secretary search for the resolution appointing him, and papers relative thereto, and lay them before the Council to-morrow morning. The Auditor-General informed the Council that sundry officers of regiment, called into service by Gene- ral George Clinton, in pursuance of resolutions of the authority of this State, have charged for their pay from the day they were respectively notified of that service, and in most instances for ten days before the time that they re- spectively marched, and several days before they marched. Ordered, That the Treasurer pay those officers only from the time they respectively marched, so that their pay may be proportionate to the pay of their men. Mr. Yates has leave of absence, to depart on Thursday next if there should be a full Council at that time, to return in five days from the time of his departure. A letter from General Ten Broeck, dated the sixteenth day of June, was read, and follows, to wit : "Albany, 16th June, 1777. " Sir — The proceedings of the court martial held at this place, (which is just now delivered to me,) I herewith transmit you. The president informs me the court stands adjourned until this day week, the members being very de- sirous to attend the election in their districts, which begins this day. He also informs me there are several persons in confinement, not tried, but cannot yet learn that any of them come within the description of the resolutions of Convention. " I am, with great respect sir, " Your most obt. humble servt. " ABM. TEN BROECK. "To the Honble. Pierre Van Cortlandt, Pre- sident of the Council of Safety of the State of New-York, at Kingston." The. whole proceeedings of the court martial held at the city of Albany, on the case of James Huetson, were deli- berately read. The whole proceedings of the said court martial held at the city of Albany, on the case of Robert Coventry, were then deliberately read. Ordered, That the further consideration thereof be post- poned till to-morrow. A petition of Charles Duryee, dated this day, setting forth his losses by the conduct of Francis Pemart, and praying that possession may be given to him, the said Charles, of the farm of the said Pemart, at Peekskill, and a hulk of a sloop at Esopus Landing, as a compensation, and the affi- davit of John Campbell, to support the facts mentioned in the said petition, were respectively read, and committed to General Scott, Mr. Harpur and Mr. Tappen. Mr. Yates, from the committee to whom was referred the letter fiom Peter Van Ness, Cornelius Cuyler and Harmanus Wendal, brought in their report, which was read and agreed to, and is as follows, viz : The committee to whom was referred the letter of Peter Van Ness, Cornelius Cuyler and Harmanus Wendell, commissioners appointed to secure the personal estates of such persons within the county of Albany who are gone over to and joined our enemy, and to dispose thereof agreeable to the several resolutions for that purpose, made the sixth day of March last, brought in their report. Thereupon, Resolved, That Peter Van Ness, Cornelius Cuyler and Harmanus Wendell, who were appointed commissioners, have leave to resign ; and that instead of three, (because the county is very extensive,) there be ten commissioners appointed, and their powers limited to different parts of the county, as hereinafter mentioned. Resolved, That John Younglove, Gabriel Esseltyne, Isaac Goes, John Knickerbaker, Junr. George White, Matthew Adgate, Hezekiah Van Orden, Flores Bancker, Myndert Roseboam and George Palmer be appointed, and they hereby are appointed commissioners, in the room of Peter Van Ness, Cornelius Cuyler and Harmanus Wen- dell, who have resigned ; and they are hereby vested witii every power that other commissioners for sequestration within this State, by virtue of the resolutions of Conven- tion for that purpose passed on the sixth day of March last, as well as the after resolutions passed the twenty-first of March, and the thirteenth May last past, provided they se- verally first take the oath thereby directed. Provided also, that Gabriel Esseltyne, Isaac Goes, Matthew Adgate and Hezekiah Van Orden, be restricted by the south limits of the county, on the east side of the river, within the bounds of manor Livingston, Claverack, Kinderhook and Kings district, and on the west side of the river from the south bounds to the bounds of manor Rensselaer, and that the power vested in them, be exercised by all or any three of them. 968 JOURNAL OF THE COUNCIL OF SAFETY. And that John Younglove, John Knickerbaker, Junr. and George Palmer be restricted to the north of manor Rensselaer, including the inhabitants to the north of the said manor and of Schenectady, and northerly as far as the limits of the county ; and that they, or any two of them be authorized to exercise the said power. And Myndert Roseboam, Flores Bancker and George White be restricted to the remainder of the said county, and that they, or any two of them, be empowered to act in the same manner. Abell Sprauge, who was attending at the door, was ad- mitted. He informed the Council of Safety that he had been credibly informed, by persons of reputation whom he named, that Joseph Brandt, with a number of Indians, had come to Onehoghquaga, and there hoisted the British flag; that he had proceeded to Unadella and killed some cattle, and plundered some of the whig inhabitants of their grain, and were returned to Onehoghquaga, and had said they were to return to Unadella speedily ; that the inhabitants had removed from some parts of the Delaware. The Council informed Abell Sprauge that General Schuyler has sent an officer, with troops, to protect the inhabitants. Ordered, That the Treasurer of this State pay to the said Abell Sprauge eight dollars, to defray his expenses in coming to this Council and returning home. A letter from John Bartow, Esqr. to Colo. Gilbt. Drake, dated the 12th instant was read ; Mr. Bartow, for the rea- sons therein assigned, declines the office of clerk of West- chester county. Ordered, That the said letter be referred to the Council of State, for the appointment of officers when they shall be appointed and assembled. DIE MERCURII, 10 ho. a. m. June 18, 1777. The Council met pursuant to adjournment. Prayers, as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Tappen, Mr. Piatt, Mr. Cantine, Mr. De Witt, Mr. Morris. For want of a sufficient number of members to make a quorum, at 12 o'clock adjourned to meet at four P. M. Die Mercurii, 4 ho. P. M.June 18, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. -Mr. Abm- Yates, Mr. Morris, Mr. Gilbt. Livingston, Major Tappen, Mr. Piatt, Mr. Ilobart, Mr. Jay, Mr. Cantine, Colo. De Witt, Mr. Cuyler, Mr. Robt. Harpur. A petition of Alexander Campbell, a prisoner in Ulster jail, dated this day, was read. He therein informs that his wife sold a horse with the intention to apply the money to support the prisoner ; that the commissioners have since seized the said horse, and praying the direction of the Council in the premises. Ordered, That the said petition be committed to Major Tappen. Mr. Cantine and Colo. De Witt. Mr. Hobart reported a draft of an answer to the letter of the commissioners for the securing the property of persons gone from Westchester county to the enemy, which was read approved, and is in the words following, vizt : " Gentlemen — The Council of Safety commend your zeal in securing the effects of those traitors to their country, who have gone over to the enemy, but at the same lime must inform you that they conceive your power as com- missioners does not extend beyond the boundaries of the county of Westchester ; and we presume that one reason why the Convention appointed commissioners in each county was, that the gentlemen being personally acquainted therein would be less subject to imposition from false re- ports and groundless suggestions. " The Council are informed that the Widow Van Home did not remove from Connecticut to New- York, but to New-Brunswick, and that a considerable time before the enemy penetrated into New-Jersey; nor do we learn that she ever removed to New-York. " With respect to the considerable sums of money lodged in Connecticut, and due on bonds, &c. belonging to per- sons who have joined the enemy from this Slate, nothing can be done at present, but it must be left to the wisdom of the Legislature to devise means for recovering such sums. " We are, gentlemen, yours, &c." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. A petition of Angus McDonald, lieutenant in the pay of the British Crown, and William Pemberton, dated yester- day, was read. They thereby pray to be heard and re- leased from jail. Ordered, That Lieut. Angus McDonnell be sent on board the Fleet prison with Mr. Colden ; and that William Pemberton be served with a copy of the charges against him. Resolved, That John Cumming be permitted to go to visit his wife, in the custody of such person as Mr. Can- tine, Mr. Gilbt. Livingston and Mr. Van Zandt shall ap- prove of; but that he be returned to Kingston in one week from the time of his departure. Resolved, That the commissioners for detecting con- spiracies in this State be directed to send for all the pri- soners of this State, now confined in the jails of the New- England States, and cause them to be transported thence to the Fleet prison at Esopus Landing, in such manner as the said committee shall think proper. Mr. Robert Harpur took his seat. It having been represented to this Council of Safety, that divers of the prisoners of this Slate, sent to the jail of Phi- ladelphia, and put under the care of the Council of Safety, at Philadelphia, have been liberated without the knowledge or consent of the Convention or Council of Safety of this Stale. Resolved, That a letter be written to the Delegates of this State, requesting them to inquire which of the said prisoners remain there in jail, and on what conditions those who do not remain there prisoners have been suffered to depart. Resolved, and Ordered, That Captain Castles, with the sloop of war under his command, do immediately proceed to Fort Montgomery, and there lake his direction from and be subject to the orders and directions of Brigadier-Gene- ral George Clinton, or the commander for the time being at the said fort. Resolved and Ordered, That Captain Robert Benson, with the sloop of war under his command, take the care and charge of guarding the vessels which compose the Fleet prison, with the prisoners on board ; but that Cap- tain Benson have leave to proceed with the sloop to Pough- keepsie for provisions and return without delay ; and that Captain Caslles keep his present station until Captain Ben- son's return. Mr. De Witt, from the committee to whom were referred the letter of Samuel Drake, and the other commissioners in Westchester county, brought in their report, which was read. Thereupon, Ordered, That the whole business relative to the peti- tion of Dennis Kennedy, be committed to Colo. De Witt, Mr. Cuyler and Mr. Plait, to inquire into and direct the same. The Council of Safety proceeded to hear the minutes of the proceedings of the court martial, on the case of James Huetson again read, whereby it appears that the said James Hudson was charged for that he being a member of the State of New-York, protected by the laws thereof, JOURNAL OF THE COUNCIL OF SAFETY. 969 and owing allegiance thereto, on or about the first day of April last past, and at divers other days and times, both be- fore and alter, and since the sixteenth day of July, 1776, at the district of Cocksackie, in the county of Albany, wickedly, traitorously and treasonably and contrary to his allegiance aforesaid, did levy war against the said .State, within the same whilst owing allegiance thereto ; enlist men for the service of the King of Great Britain, now in actual war against the said State, being adherent to the said King of Great Britain and others, the enemies of the said Stale, within the same, by giving him and them aid and comfort, contrary to the resolutions of the Convention of the said State. And by the said proceedings of the said court it further appears that, on a fair and impartial trial, the said James Huetson was, by the said court, found guilty of levying war against the Slate, and of giving aid and comfort to the King of Great Britain and others the enemies of the said Stale ; and was therefore by the said court sentenced to suffer death. The same charge, the evidence thereon, proceedings and sentence having been taken into consideration and deliber- ately examined, Resolved, That the said sentence of the said court mar- tial be and is hereby approved of and confirmed. The Council of Safety proceeded to hear the minutes of the proceedings of the court martial on the case of Robert Coventry again read ; whereby it appears that the said Robert Coventry, of Claverack district, in the county of Albany, stood charged for that he being a member of the State of New- York, residing within the said State, protect- ed by the laws thereof, and owing allegiance thereto, on or alout the first day of April last, and at divers other days and times, both before and after, and since the sixteenth day of July, 1776, at the district of Claverack, in the county of Albany, and at divers other places in the said county, wickedly, traitorously, and treasonably, and contra- ry to his allegiance aforesaid, did levy war against the said State, whilst owing allegiance thereto ; enlist men for the service of the King of Great Britain, now and then in ac- tual war against the said Stale, within the same, being ad- herent to the said King of Great Britain, by disarming a guard in the service of the Slate, and compelling said guard to take an oath of allegiance to the said King of Great Britain, then and now in open war against the said State, contrary to the resolutions of the Convention of the said State. And by the said proceedings of the said court, it farther appears, that on a fair and impartial trial, the said Robert Coventry was, by the said court, found guilty of levying war against the said State, and being adherent to the King of Great Britain, and was, therefore, by the said couit, sentenced to suffer death. The same charge, the evidence thereon, proceedings and sentence, having been taken into consideration and de- liberately examined, Resolved, That the sentence of the said court martial be and is hereby approved of and confirmed. But in consideration that the said Robert Coventry was about to return to his duty, and lake the benefit of the re- solutions of Convention, passed on the tenth day of May last, offering free pardon to such of the subjects of the said Stale as, having committed treasonable acts against the same, shall return to their allegiance, (and now frequently called the act of grace,) as appears by his defence, and some other circumstances : Resolved, That the said Robert Covenlry be pardoned, and that the Secretary prepare a draft of such pardon. The proceedings of the said court martial on the case of Israel Osborn of Kings district, in the county of Albany, were then deliberately read, whereby it appears that the said Israel Osborn stood charged for that he, being a mem- ber of the State of New-York, protected by the laws thereof, and owing allegiance thereto, on the first day of 243 April last past, and at divers other days and times, both before and after, and since the sixteenth day of July, 1776, at Kings district, in the county of Albany, did wickedly, trai- torously and treasonably, contrary to his allegiance afore- said, levy war against the said State within the same, by inducing many of the subjects of the said State to enlist, or by aiding and abetting other, the enemies of the said State, to procure divers persons, the subjects of the said State, to enlist into the service of the King of Great Britain, then and now in actual war against the said State within the same ; and by traitorously and wickedly attempting, or aid- ing and abetting in an attempt, to procure a person to convey intelligence to General Howe, an officer in the service of the King of Great Britain, and others, the enemies of the said Stale, then and now in actual war against the said State within the same ; and that he, on the day and year, and at the place aforesaid, was adherent to the King of Great Britain, and others, the enemies of the said State, then and now in actual war against the said State within the same, giving them aid and comfort contrary to the resolutions of the Convention of the said State. And by the said proceedings of the said court martial, it further appears, that on a fair and impartial trial, the said Israel Osborn was, by the said court, found guilty of ad- hering to the King of Great Britain, and others, the ene- mies of the State ; and that he is not guilty of the other charges exhibited against him ; and was, therefore, by the said court, sentenced to suffer twelve months' close impri- sonment at his own expense. The same charge, the evidence thereon, proceedings and sentence, having been taken into consideration and de- liberately examined, Resolved, That the sentence of the said court martial against the said Israel Osborn, be and is hereby approved of and confirmed. The proceedings of the said court martial on the cases of Benjamin Ingraham, Asa Beebe and Moses Wooster, all of Kings district aforesaid, were then deliberately read and heard ; whereby it appears that Benjamin Ingraham, Asa Beebe and Moses Wooster, stood charged, that they being members of the State of New-York, protected by the laws thereof, and owing allegiance thereto, on the sixth day of May instant, and at divers other days and times, both before and after, and since the sixteenth day of July, 1776, at Kings district, in the county of Albany, did wickedly, traitorously and treasonably, contrary to their allegiance aforesaid, adhere to the King of Great Britain, and others, the enemies of the said State within the same, contrary to the resolutions of the Convention of the said State. And by the said proceedings of the said court martial, it further appears, that on a fair and impartial trial, the said Benjamin Ingraham, Asa Beebe and Moses Wooster, weTe respectively guilty of the charges exhibited against them ; that Benjamin Ingraham was, therefore, by the said court, sentenced to suffer six months' imprisonment ; and that Asa Beebe and Moses Wooster respectively suffer three months' imprisonment, and that they remain impri- soned until they respectively take the oath of allegiance to the State of New-York. The same charge against the said prisoners respectively and the evidences against each of them respectively, and the proceedings and sentence of the said court thereon, having been taken into consideration and maturely weighed and considered, Resolved, That the sentence of the said court martial, as far forth as it sentences the said culprits respectively to imprisonment for a limited time, be and is hereby con- firmed, and that the residue of the sentence be and is hereby remitted. The proceedings of the said court martial on the case of Jesse Bullis were then deliberately read and heard, whereby it appears that Jesse Bullis stood charged for that he, being a member of the State of New- York, residing within said 970 JOURNAL OF THE COUNCIL OF SAFETY. State, protected by the laws thereof, and owing allegiance thereto, did, on the twenty-first day of January last, and at divers other days and times, both before and after, and since the sixteenth day of July 1776, at Kings district, in the county ofAlbany, wickedly, traitorously and treasona- bly, and contrary to his allegiance aforesaid, levy war against the State of New-York within the same, whilst owing allegiance thereto, did enlist himself in the service of the King of Great Britain, within the same ; did enlist men in the service of the said King, within said State ; was adherent to the said King and other enemies of the said State of New-York, contrary to the resolutions of the Con- vention of the said State of New-York, whilst he did owe allegiance and derived protection from the said State. And by the said proceedings of the said court martial, it further appears that on a fair and impartial trial, the said Jesse Bullis is not guilty of the first and second charges, and guilty of having enlisted men in the service of the King of Great Britain, and also of being adherent to the said King within the State of New-York, and whilst owing allegiance to the said State, and deriving protection from the same ; and was therefore by the said court sentenced to be branded in the hand, immediately after the sentence shall be approved of, and further that he should be impri- soned during the present war. The same charge, the evidences thereon, proceedings and sentence having been taken into consideration and de- liberately considered, Resolved, That the sentence of the said court martial, against the said Jesse Bullis, be and is hereby approved of and confirmed. And, Resolved, That, that part of the said sentence which inflicts the punishment of being burnt in the hand, be and is hereby remitted. The proceedings of the said court martial on the case of Jacob Miller, of Half-Moon district, in the county of Alba- ny, were then deliberately read, whereby it appears that the said Jacob Miller stood charged for, that he being a member of the State of New-York, residing within the said State, protected by the laws thereof, and owing alle- giance thereto, on the 21st day of March last, and at divers other days and times, both before and after, and since the 16th day of July 1776, at the district of Half-Moon, in the county of Albany, wickedly, traitorously and treaso- nably, and contrary to his allegiance aforesaid, did levy war against the State of New-York within the same, whilst owing allegiance thereto ; enlist men for the ser- vice of the King of Great Britain, now in actual war against the said State, and being adherent to the said King of Great Britain, and other the enemies of the said State con trary to the resolutions of the Convention of the said State. And by the said proceedings of the said court, it further appears that on a fair and impartial trial, ihe said Jacob Miller, was by the said court found guilty of adhering to the King of Great Britain, and was therefore by the said court, sentenced to pay a fine of one hundred dollars, and suffer imprisonment for the space of six months. The same charge, the evidence thereon, proceedings and sentence having been taken into consideration and de- liberately examined. Resolved, That the sentence of the said court martial, be and is hereby approved and confirmed. The Council adjourned till to-morrow 9 o'clock. DIE JOVIS, 9 ho. a. m. June 19, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Hobart, Mr. Cantine, Mr. Cuyler, Mr. Hnrpur, Mr. Morris, Tappen, Mr. Yates, Mr. Jay, Mr. Piatt, Mr. De Witt. Mr. Jay, according to order, reported a draft of a letter to the Delegates of this State at Congress, which was read and approved of, and is in the words following, to wit : " Gentlemen — The Council have been informed that several of the prisoners of this State, sent to the jail of Philadelphia by the late Convention or their committee, and recommended to the care of the late Council of Safety in that city, are now at large, and have been liberated without the approbation or knowledge of the Convention or this Council. " As those prisoners were sent to Philadelphia for the purpose of being secured, not tried, and of being detained, not liberated, it is necessary that inquiries be made into the reasons of this strange management. The Council are informed, that William Sutton, one of the prisoners, was released on his parol to repair to this place in order to solicit his discharge ; that he went immediately to New- York, obtained a majority in the new levies, and has since made a descent, with a party from Long island, on the southern part of Westchester. Had this man's parol been deemed worthy of credit or confidence, he would not have been sent to the jail of Philadelphia. " As the Council are desirous of obtaining a true stale of facts respecting these things, I am directed to request of you, gentlemen, to transmit to them a list of the pri- soners of this State now in Philadelphia jail, and the prin- ciples on which such as have been liberated were re- leased. " I am, &c. " To the New-York Delegates." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. The proceedings of the said court martial on the case of John Clint, of the manor of ltensselaerwyck, in the county of Albany, were then deliberately read ; whereby it ap- pears that the said John Clint stood charged for, that he being a member of the State of New-York, protected by^ the laws thereof and owing allegiance thereto, on the first day of April last past, and at divers other days and times, both before and after, and since the 16th day of July, 1776, at the manor of Eensselaerwyck, in the county of Albany, did wickedly, traitorously and treasonably, con- trary to his allegiance aforesaid, levy war against the said Slate, within the same, by swearing to bear faith and true allegiance to the King of Great Britain, and by swearing divers other persons, the subjects of the said State, to bear faith and true allegiance to the King of Great Britain, then and now in actual war against the said State, and to defend his crown and dignity ; thereby adhering to the King of Great Britain, and others the enemies of the said State, within the same, giving him or them aid and com- fort, contrary to the resolutions of the Convention of the said State. And by the said proceedings of the said court, it farther appears that, on a fair and impartial trial, the said John Clint was, by the said court, found guilty, and was therefore, by the said court, sentenced to suffer the pains and penalties of death. The same charge, the evidence thereon, proceedings and sentence having been taken into consideration and delibe- rately examined, Resolved,, That the sentence of the said court martial be and hereby is approved of and confirmed. The proceedings of the court martial on the case of Amoul Viele, of Livingston manor, in the county of Al- bany, were then deliberately read ; whereby it appears that the said Arnout Viele stood charged for that he, being a member of the State of New-York, protected by the laws thereof and owing allegiance thereto, on the 28th day of April last past, and at divers other days and times, both before and after, and since the sixteenth day of July, 1776, at the manor of Livingston, in the county of Al- bany, did, wickedly, traitorously and treasonably, contrary to his allegiance aforesaid, levy war against the said State JOURNAL OF THE COUNCIL OF SAFETY. 971 within the same, by enlisting many of the subjects of the said Stale into the service of the King of Great Britain, then and now in actual war against the said Stale, within the same, and by swearing divers persons, the subjects of the said State, to bear faith and true allegiance to the said King of Great Britain, and to defend his crown and dignity; thereby adhering to the King of Great Britain, and others the enemies of the said Slate, within the same, giving them aid and comfort, contrary to the resolutions of the Convention of the said State. And by the said proceedings of the said court martial it farther appears that, on a fair and impartial trial, the said Arnout Viele was by the said couit found guilty of all the charges exhibited against him, and was, therefore, by the said court sentenced to suffer death. The same charges, the evidence thereon, proceedings and sentence, having been taken into consideration and de- liberately examined, Resolved, That the sentence of the said court martial be, and is hereby approved of and confirmed. The proceedings of the court martial on the case of William Frazer, of Balls Town, in the county of Albany, were then deliberately read ; whereby it appears that the said William Frazer stood charged for that he, being a member of the Stale of New-York, protected by the laws thereof, and owing allegiance thereto, on the sixth day of May instant, and at divers other days and times both be- fore and after and since the sixteenth day of July, 1776, at Balls Town, in the county of Albany, did wickedly, trai- torously and treasonably, contrary to his allegiance afore- said, levy war against the said State, within the same, by withholding his allegiance and services from the said Slate, and by attempting to go off privately to the enemies of the said Stale, and by aiding and abetting divers other persons, the subjects of the said State, to go off privately to the enemy of the said State, then and now in actual war against the said State within the same ; and that he on the day and year and at the place aforesaid, did adhere to the King of Great Britain and others the enemies of the said State, within the same, giving them aid and comfort contrary to the resolutions of the Convention of the said State. And by the said proceedings it farther appears, that on a fair and impartial trial, the said William Frazer was, by the said court, found guilty of the charges exhibited against him, and was therefore by the said court martial sentenced to suffer twelve months' close confinement in a jail at his own expense. The same charge, the evidence thereon, proceedings and sentence having been taken into consideration and delibe- rately examined, Resolved, That the sentence of the said court martial be, and is hereby, approved of and confirmed. The proceedings of the court martial on the case of Thomas Blewer, of the manor of Rensselaerwyck, in the county of Albany, were then deliberately read ; whereby it appears that the said Thomas Blewer stood charged for that he being a member of the State of New-York, pro- tected by the laws thereof, and owing allegiance thereto, on the 20lh day of April last past, and at divers other days and timesboth before and after and since the sixteenth day of July, 1776, at the manor of Rensselaerwyck, in the county of Albany, did wickedly, traitorously and treasonably, con- trary to his allegiance aforesaid, levy war against the said State, within the same, by swearing to bear faith and true allegiance to the King of Great Britain and to defend his crown and dignity, the said King then and now being in actual war against the said State ; and that he in the day and year and at the place aforesaid, did wickedly, traito- rously and treasonably, contrary to his allegiance aforesaid, adhere to the King of Great Britain and others, the ene- mies of the said State, then and now in actual war against the said State, within the same, giving them aid and com- fort, contrary to the resolutions of the Convention of the said State. And by the proceedings of the said court martial, itf ar- ther appears that on a fair and impartial trial, the said Thomas Blewer was, by the said court martial, found guil- ty of the charges exhibited against him, and was therefore sentenced by the said court martial to suffer twelve months' close imprisonment at his own expense. The same charges, the evidence thereon, proceedings and sentence having been taken into consideration and de- liberately examined, Resolved, That the sentence of the said court martial be, and is hereby approved of and confirmed. The proceedings of the court martial on the case of Al- exander Patterson, of Claverack, in the county of Albany, were then deliberately read ; whereby it appears that the said Alexander Patterson stood charged for that he, being a member of the State of New-York, protected by the laws thereof, and owing allegiance thereto, on the fourteenth day of April and at divers other days and times both before and after and since the sixteenth day of July, 1776, at Claverack, in the county of Albany, did wickedly, traito- rously and treasonably, contrary to his allegiance aforesaid, levy war against the said State, wilhin the same, by enter- ing into the service of the King of Great Britain, and by inducing many of the subjects of the said State to enlist into the service of the King of Great Britain, then and now in actual war against the said State, wilhin the same ; and that he on the day and year and at the place aforesaid, did contrary to his allegiance aforesaid, wickedly, traitorously and treasonably adhere to the King of Great Britain and others, the enemies of the said State, within the same, giving them aid and comfort, contrary to the resolutions of the Convention of the said Stnte. And by the said proceedings it farther appears, that on a fair and impartial trial, the said Alexander Patterson was, by the said court martial, found guilty of adhering to the enemies of the State, &c. and not guilty of the other charges exhibited against him, and was therefore, by the said court martial, sentenced to be branded in the left hand with the letter T, and that he thereafter suffer twelve months' close imprisonment at his own expense. The same charge, the evidence thereon, proceedings and sentence having been taken into consideration and delibe- rately read and examined, Resolved, That the sentence of thecourt martial against the said Alexander Patterson, be, and is hereby confirm- ed, and Resolved, That that part of the said sentence which in- flicts the punishment of being burnt in the hand, be, and is hereby remitted. The proceedings of the said court martial on the case of Thomas Frazer, of Ballstown, in the county of Albany, were then deliberately read ; whereby it appears that the said Thomas Frazer stood charged for that he, being a member of the State of New-York, protected by the laws thereof, and owing allegiance thereto, on the sixth day of May instant, and at divers other days and times, both be- fore and after and since the 16th day of July, 1776, at Balls Town, in the county of Albany, did wickedly, traitorously and treasonably, contrary to his allegiance aforesaid, levy war against the said State, wilhin the same, by adhering to the King of Great Britain and others, the enemies of the said State, then and now in actual war against the said State, within the same, giving them aid and comfort; and that he, on the day and year and at the place aforesaid, wickedly, traitorously and treasonably did attempt to go off privately to the enemy of the said State, and did aid and abet others, the subjects of the said State, to go off privately to the enemy of the said State, then and now in actual war against the said State, within the same, contrary to the resolutions of the Convention of the said State. And by the said proceedings of the said court martial, it further appears, that on a fair and impartial trial, the said Thomas Frazer was by the said court found guilty of every part of the charge exhibited against him, except that 972 JOURNAL OF THE COUNCIL OF SAFETY. of aiding and abetting the subjects of the State to go off privately to the enemy ; and was therefore, by the said court sentenced to suffer twelve months' close imprisonment at his own charge and expense. Resolved, That the sentence of the said court martial, be, and is hereby, approved of and confirmed. The proceedings of the said court martial on the cases of Thomas Verte, Joseph Shearer, Alexander McLaughlin, John Mickle, John Fairman, Archibald McNeil, John Summerville, James Grant, John Burnes, Michael Conner and John McLaughlin, of Balls Town, in the county of Albany ; Hans Helmer, Duncan Robinson, Alexander Ro- binson and John Mclntire, of Tryon county, and Hendrick Ranion and William Reid, were then deliberately read ; whereby it appears, that they, the said Thomas Verte, Jo- seph Shearer, Alexander McLaughlin, John Mickle, John Fairman, Archibald McNiel, John Summerville, James Grant, John Burnes, Michael Conner, John McLaughlin, Hans Helmer, Duncan Robinson, Alexander Robinson, John Mclntire, Hendrick Ranion and William Reid, stood jointly and severally charged for that they, being members of the State of New-York, protected by the laws thereof, and owing allegiance thereto, on the sixth day of May in- stant, and at divers other days and times, both before and after and since the 16th day of July, 1776, at Balls Town, in the county of Albany, did wickedly, traitorously and treasonably, contrary to their allegiance aforesaid, levy war against the said State, within the same, by secretly with- drawing and withholding their allegiance and services from the said State, and by adhering to the King of Great Bri- tain and others, the enemies of the said State, then and now in actual war against the said State, within the same, giving them aid and comfort ; and that they, on the day and year aforesaid, at Ballstown, in the county aforesaid, wickedly, traitorously, and treasonably, contrary to their allegiance aforesaid, did attempt to go off privately to the enemy of the said State, then and now in actual war against the said State, within the same, contrary to the resolutions of the Convention of the said State. That by the said proceedings it further appears, that on a fair and impartial trial, the said prisoners respectively, to wit: Thomas Verte, Joseph Shearer, Alexander McLaugh- lin, John Mickle, John Fairman, Archibald McNiel, John Summerville, James Grant, John Burns, Michael Connor, John McLaughlin, Hans Helmer, Duncan Robinson, Alex- ander Robinson, John Mclntire, Hendrick Ranion and William Reid, were by the said court martial respectively found guilty of the two first parts of the charge, and not guilty of the last part of the charge against them; and the said prisoners respectively, were by the said court sen- tenced to pay a fine of fifteen dollars each, and that they be imprisoned till the fines be paid, and the said prisoners take the oath of allegiance to the State of New-York. The same charge, the evidence thereon, proceedings and sentence having been taken into consideration and de- liberately read and examined, Resolved, That the sentence of the said court martial, as far forth as it sentences the said culprits respeclively to fine and imprisonment, until the payment of the said fines, be and is hereby confirmed ; and that the residue of the said sentence be and is hereby annulled and repealed. Resolved and Ordered, That Brigadier-General Ten Broeck issue orders for the execution of the said James Huetson. The House adjourned till the afternoon 4 o'clock. Die Jovis, 4 ho. P. M. June 19, 1777. The Council met pursuant to adjournment. I i esent — Pierre Van Corllandt, Esqr. President. Mr. Hobart, Mr. Plait, Colo. De Witt, Mr. Cuyler, Mr. Yates, Mr. Morris, Mr. Jay, Mr. Tappen. A letter from Egbert Benson, M. Smith and Peter Can- tine, Esquires, commissioners, &c. dated Poughkcepsie the eighteenth instant, informing the Council of Safely that a number of Quakers, to the amount of twenty, have lately been to Long island, without permission, to attend their annual meeting, was read and filed. The said commissioners request the advice and directions of this Council in the pre- mises. The same being immediately taken into consideration : And thereupon, Resolved, That the commissioners for delecting con- spiracies, &c. do cause all those of the people called Qua- kers, who have lately been to Long island, and are return- ed, to be apprehended and sent under guard to the Fleet prison at Esopus creek, there to remain at their own ex- pense until further order. Another letter from the said commissioners, dated the seventeenth instant, relative to the Reverend Mr. Beards- ley, who hath also been with the enemy, was read, taken into consideration : And thereupon, Resolved, That the said commissioners do cause the Revd. Mr. Beardsley to be sent under guard to the Fleet prison at Esopus creek, there to remain at his own expense until further order. The Honourable Robert Yates, one of the puisne judges of the supreme court of judicature within this State, at- tended, and took and subscribed the oaths of office and allegiance. The petition of Hendrick Fiers, also the petition of John L. Van Allen and John S. Van Alstyne, confined on board the Fleet prison, were read, and referred to the wardens of the Fleet prison. The petition of James Robinson, and others, confined in Kingston jail, complaining of the jailer, was read, and com- mitted to Mr. Tappen and Colonel De Witt. Ordered, That Captain Piatt, Mr. Hobart and Colonel De Witt be a committee to dispose of Henry Cuyler, Esqr. as to the place of his confinement, and that they be autho- rized to take his parol. The House adjourned until to-morrow morning 10 o'clock. DIE VENERIS, 10 ho. a. m. June 20, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Cuyler, Mr. Piatt, Mr. Hobart, Colo. De Witt, Major Tappen, Mr. Jay, Mr. Morris, Mr. Harpur. Ordered, That Mr. Sheriff Dumond do direct that John Grant, who is now confined on board the Fleet prison, be delivered into the custody of Isaac Willse, in order to be by him conveyed to the commissioners for delecting con- spiracies, &c. The petition of John Kortz, confined on board the Fleet prison, praying leave to return home, was read, and Ordered To lie on the table. A draft of a letter to the Honourable James Bodewine, President of the Council of the Massachusetts Bay, was read and approved, and is in the words following, to wit : "Sir — Mr. James Sullivan, chairman of a committee of the House of Representatives of Massachusetts Bay, by letter, informed the late Convention of this State, that the general court had laid an embargo on most of the ne- cessaries of life, and intimated that the same would be continued till the other Slates should adopt the like mode of restraining the prices of labour, manufactures, internal produce and goods imported from foreign parts, which the New- England States had established. " The Convention, in answer to Mr. Sullivan, stated the reasons which led them to conclude that, however proper and effectual the mode might be in New-England, in this State it would rather increase than diminish the mischiefs, JOURNAL OF THE COUNCIL OF SAFETY. 973 and were in hopes they would have satisfied our brethren of Massachusetts that similar measures could not be esta- blished here without manifest injury to the interest, not only of this Slate in particular, but of the United Stales in ge- neral ; and considering that we were driven from our sea- coast by the common enemy, that the embargo would not have been continued, at least with respect to this State. " When the capital Qf your State was deprived of the benefit of the ocean, by the power of Great Britain, the inhabitants of this, as well as the other States, cheerfully contributed to the relief of your suffering poor. Our ca- pital is now possessed by the enemy, and the rest of our seacoast is commanded by them. Our resources from the sea within our own State are entirely cut off, and it is in the power of our neighbours to reduce us to the greatest distress by denying us the use of their ports and markets. We will not allow ourselves to suppose that your General Court laid the embargo with this design ; but we sincerely wish them to consider that the impartial world and poste- rity, and perhaps even our enemies, when they review our mutual conduct towards each other, may draw a compari- son. " We can, with great truth, assure you, that it is not in the power of man to devise a more effectual method to render the inhabitants of this State weary of the war with Great Britain, than the embargo laid by the New-England States ; for, however they may submit to being deprived of such of the conveniences of life which were brought to them from foreign parts, yet it is impossible to content them while deprived of the essential article, salt, which they cannot either manufacture or import under their pre- sent circumstances. " We must desire the favour of you to lay this matter before the General Court as soon as conveniently may be, as the inhabitants of this State are in many places suffer- ing for want of that article ; their sufferings will daily in- crease, and unless a supply can be procured in the course of the summer, they will become almost intolerable. "The States to the southward have hitherto allowed us the free use of their ports and markets ; but as the enemy are turning their operations that way, we are precluded fiom any prospect of relief from that quarter; so that if the eastern States continue to withhold from us a part of that abundance with which their happier situation furnishes them, we shall soon be reduced to a condition under which nothing but a full persuasion of the justice of our cause, and the unshaken reliance on the protection of Heaven can support us. " We are, with the greatest respect, " Your, &c. " To Honble. James Bodewine, President of the Council of Massachusetts Bay." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. A draft of a letter to Colonel Abraham P. Lott, at Bos- ton, in answer to his of the first instant, was read and ap- proved of, and is in the words following, vizt : " Sir — Your letter of the first instant has been receiv- ed, and in answer, I am directed to inform you that the Council are concerned to learn that you meet so little suc- cess in procuring salt, as that article is exceedingly want- ed ; they hope you will continue your exertions, and for- ward whatever quantities you may purchase, by the near- est and least expensive routes to this State, from time to time, informing the Council of your proceedings in the same. " A letter has been received from Mr. Henry Schenk, who informs that twelve hogsheads of the salt you for- warded, are arrived at Fish kill. The Council have written to Mr. Bodewine, President of the Council of Massachu- setts, which they hope will have a tendency to facilitate your business. " I am, sir, your most obedient humble servant. " Colo. Abraham P. Lott.'' 244 Ordered, That the same be engrossed, and signed by the President, and transmitted. The House adjourned until to-morrow morning, ten o'clock. DIE S ABB ATI, 10 ho. a. m. June 21, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr Jay, Mr. Cuyler, Mr. Piatt, Mr. Harpur, Mr. Hobart, Mr. Tap- pen, Mr. Morris, Colo. De Witt. A letter from Martin Vosburgh, of Red Hook, inform- ing that the son of Johannes Turner (who is confined on board the Fleet prison) is drowned. That the wife of the said Turner is so much distressed as to endanger her mind. Mr. Vosburg therefore requests that the said Jo- hannes Turner may be permitted to visit his wife and fa- mily on this occasion. Resolved, That the said Johannes Turner be liberated for three weeks to visit his wife and family, on Mr. Evert Vosburgh's becoming security for his good conduct, and return to the Fleet prison at the expiration of three weeks. The petition of Richardson Thurman, confined on board the Fleet prison, praying to be discharged from confinement, was read and ordered to be referred to the committee of the Fleet prison to inquire and report thereon. A letter from Cadwallader Colden, desiring permission to purchase a negro man, who is confined on board the Fleet prison, was read and referred to the said committee. Resolved, That Mr. John Thomas be authorized to re- ceive from John Canfield, Esqr. at Sharon, out of the goods belonging to this State and in his possession, the following articles, to wit : two hogsheads of shoes, two hogsheads of hose and one hogshead of the cloths, to be by the said John Thomas transported to Mr. Radley's, at Rhinebeeck Landing ; for the transportation of which goods this Board do agree to allow fifteen dollars. Mr. Hobait, Mr. Jay and Mr. Cuyler, the committee appointed to regulate the Fleet prison and appoint proper officers of the same, made a report, which was read and approved, and is as follows, to wit : " In pursuance of the above resolution, the committee therein named, have established the following regulations for the Fleet prison and appointed the following officers for the same : "1st. That all the sloops or vessels which may, from time to time, compose the Fleet prison, together with all the prisoners on board the same, be under the care and custody of the warden thereof ; and that Captain Henry Benson be warden of the said prison. " That it shall be the duty of the warden : "i. To enter in a book the names of all the prisoners, the limes when committed and when discharged, the cau- ses of commitment and by whom committed. "2. To provide for their secure custody, and that the said vessels be at all times clean and neat. "3. To deliver, three times a week in spring, summer and autumn, and twice a week in winter, to the victualler, the names of all such of the prisoners as may not be able or not choose to provide themselves with provisions, and that he enter the same in a book ; that he condemn all such provisions, sent to the prison by the victualler, as may not be sound and wholesome, and keep an account thereof. " 4. That he permit the friends of the prisoners to send them necessaries, but that the same be delivered to the officer on guard, and be by him carefully inspected and examined before they be given to the prisoners. "5. That no person be at anytime permitted to visit the said prison without the leave or order, in writing of the 971 JOURNAL OF THE COUNCIL OF SAFETY. Council of Safety, or of a member of this committee other than members of the said Council, and the commissary, clerk and victualler of the said prison. " 6. That he suffer no letters or papers to pass to or from any of the prisoners, without license in writing from a member of this committee, except that he receive and transmit all petitions and letters which they may think proper to send to the Council of Safety or committees or members thereof. " 7. That whenever he shall receive orders to discharge any of the said prisoners, he shall immediately make known the same to the clerk of the prison, in order that he may proceed to make out the account of the State against the said prisoners, and receive the money which may be due thereon. That in case any of the said prisoners so ordered to be discharged, should refuse to pay their said accounts, that the warden do suspend their discharge until he shall have informed the Council of Safety thereof, (which he shall immediately do) and obtain their further order. " 2d. That a victualler to the said prison be appointed, and that Capt. Charles Giles be victualler thereof. " That it shall be the duty of the said victualler : "l. To deliver regularly to the commissary, a copy of the list of prisoners to be victualled, which he shall from time to time receive from the warden. " 2. That he serve out to the prisoners named in the said list, three-quarters of a pound of beef, pork or mutton, and one pound of bread per day, with a reasonable allow- ance of salt and vinegar ; and that the said rations be served out to the prisoners at the least three times a week in spring, summer and autumn ; and twice a week in winter. " 3. That he receive from the commissary, and account for the expenditure of all the provisions to be by him as aforesaid served out to the prisoners. " 4. That he take care that the fuel furnished by the commissary for the use of the prisoners, be plentifully and regularly served out to them, and that he keep an account of the same. " 5. That the victualler be paid for his trouble, nine pounds per month. " 3d. That a commissary to the said prison be appoin- ted ; that Cornelius Elmendorph be commissary thereto. " That it shall be the duty of the commissary : " l. To fumish the victualler for the use of such of the prisoners as may not be able or willing to provide themselves with three-quarters of a pound weight of beef, pork, or mutton, and a pound of bread per day, with a rea- sonable allowance of salt, vinegar and fuel. " 2. That he account monthly for the expenditure of all such sums of money as shall be advanced to him by the Council of Safety, for the purchase of the necessaries aforesaid. " 3. That he cause the hides, tallow and wool of all such cattle or sheep as he may purchase and kill for the use of the prisoners aforesaid, to be preserved, and that he render a monthly account of the same. " 4. That he be paid eighteen pounds per month for his trouble. " 4ih. That a clerk tot he said prison be appointed ; that Henry Benson be clerk thereto. " That it shall be the duty of the clerk : " l. To open and state an account against each of the prisoners, provided as aforesaid, noting the times of their commitment and discharge. " 2. In the said account, to charge them with the ex- pense occasioned by their maintenance respectively; which expense will consist of their several proportions of the first cost of the provisions, salt, vinegar and fuel supplied to them, with the incidental charges, and of the wages of the commissary and victualler. " 3. That whenever the warden of the prison shall in- form the clerk that he has received orders to discharge any of the prisoners, the clerk shall forthwith make out the ac- counts, and demand and receive the money due thereon. " 4. That the clerk have free access to the books and vouchers of the warden, commissary and victualler, in order to enable him to state and keep the accounts above directed. " That the clerk, for his trouble, be allowed to demand and receive for his own use from each prisoner when dis- charged, the sum of six shillings and six pence. "JNO. SLOSS HOBART, "JOHN JAY, "JACOB CUYLER." Ordered, That the Secretaries do serve the said officers named in the said report, with copies thereof. And, Ordered, That the Treasurer of this State advance to Mr. Cornelius C. Elmendorph, commissary of provisions of the Fleet prison, at Esopus creek, the sum of three hun- dred pounds on account. Resolved, That Frederick Jay, Esqr. be directed to pay all such moneys as are remaining in his hands, on account of the indigent persons in Dutchess county, unto Messrs. Abraham Schenk and Gideon Verveelen, commissioners ap- pointed to superintend and provide for the indigent persons and families in Dutchess county, and take a receipt for the same. The House then adjourned until Monday morning, 10 o'clock. DIE LTJNvE, 10 ho. a. m. June 23, 1777. The President, with Major Tappen, Colonel De Witt and Mr. Harpur attended, but the weather being bad, they adjourned until to-morrow morning. DIE MARTIS, 10 ho. a. m. June 24, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Major Tappen, Mr. Ouyler, Mr. Piatt, Mr. Hobart, Major Van Zar.dt, Colo. De Witt, Mr Jay, Mr. Harpur, Genl. Scott. The petition of James Howetson, a prisoner, under sen- tence of death for treasonable practices against the State, praying to be pardoned ; and if that cannot be granted, that the time appointed for his execution may be lengthened, that he may have some time to humble himself before the Supreme Judge of the Universe, and prepare himself for so awful a change, was read. The same was immediately taken into consideration ; and it appearing to this Council that Arnout Vielle is under sentence of death for the like crimes, and this Council be- ing determined to make public examples of both of the said criminals ; and being willing, nevertheless, to extend so much mercy to them as to allow them a further time for a preparation for their great change, than will be allowed them by the times allotted for their respective execution, it is, therefore, Resolved, That they shall be and hereby are utterly ex- cluded from all prospect of a pardon for their respective offences ; that the said James Howetson be and is hereby respited until Friday, the fourth of July next; and that Arnout Vielle be respited until Monday, the seventh day of July next. And it is hereby Ordered -peremptorily, That the said James Howetson be executed on the said fourth day of July, and the said Arnout Vielle on the said seventh day of July, at the re- spective places, and in the manner heretofore determined. Ordered, That a copy of the aforesaid resolve and or- JOURNAL OF THE COUNCIL OF SAFETY. der be immediately transmitted by express, to Brigadier- General Ten Broeck. A letter from the Honourable Henry Wisner, dated June the nineteenth, at Goshen, recommending Samuel Knap, who is sentenced to death by the judgment of the court martial held in Ulster county, by order of Brigadier- General George Clinton, and who was by the said court martial recommended for mercy as an object of mercy, to be pardoned, was read and taken into consideration. Resolved, That the said Samuel Knap be pardoned of the crimes and punishment wherewith and whereto he stands charged, and sentenced by the said court martial. And Ordered, That the President do, in the name and by the authority of this Council, issue the said pardon, which pardon was, by the President, issued accordingly. A letter, dated at Saybrook, the twelfth instant, signed by a number of refugees from Nassau island, requesting that they may be permitted to pass and repass to the said island, for the purpose of bringing off necessaries for their suffering families, was read, and referred to Messrs. Piatt and Hobart. A letter from General Putnam, (enclosing a letter from Robert Graham to him,) in which the General recom- mends to the Council of Safety to grant permission to Mr. Graham to export flour to the eastern States, was read and filed. Thereupon, Resolved, That neither the Convention or Council of Safety of this State, have, by any embargo, deprived our eastern brethren of receiving supplies of flour from this State, but that no such supplies be, under any pretence, exported from this State by water. Ordered, That the President transmit a certified copy of the aforegoing resolution to General Putnam. The Council were informed that some Indian warriors of the Seneca tribe, with Mr. Rickman, their interpreter, were in this town on their way home, from General Wash- ington's Head-Quarters, and that they were desirous of be- ing permitted to visit the Council. They were accordingly called up and a speech made to them by the President from the chair. Resolved, That the sum of one hundred dollars be given to the said Indians to assist them on their journey home ; that Mr. Benson, the Secretary, disburse the said sum to the said Indians, and that the Treasurer reimburse Mr. Benson the said sum out of the Treasury of this State. The Council adjourned until 4 o'clock this afternoon. Die Martis, 4 ho. P. M. June 24, 1777. The Council met pursuant to adjournment. Present — Colo. Van Cortlandt, Esqr. President. Mr. Morris, Mr. Plait, Major Tappen, Mr. Cuyler, Mr. Robt. Li- vingston, Mr. Yates, Mr. Hobart, Genl. Scott, Colo. De Witt, Mr. Harpur, Mr. Jay, Major Van Zandt. Ordered, That the Treasurer of this State pay unto John Tremper the sum of twenty-four pounds ten shilling, for transporting the baggage of Major William Edmiston, a prisoner of war, to Philadelphia, who was sent thither at the request of his Excellency General Washington, and that the same charged to the Continental account. A letter from His Excellency Governor Trumbull, dated the second instant, enclosing the accounts of Prosper Wetmore, sheriff of the county of New-London, was read, and is as follows, vizt : " Hartford, June 2d, 1777. " Sir — In the course of the last year a number of inimical persons were sent from your State to us to be confined, some of them in jail, others to be on their parole, within certain limits: of the former I find a number whose names are to be seen in the enclosed accounts, were sent to the care of the sheriff of New-London county, who was di- rected by Mr. Depoister, the officer who brought them, to support them well, and not let them suffer for want, as they were unable to support themselves, which has been done ; 975 and the sheriff has received no consideration for his trouble or expense. He has exhibited the enclosed accounts, which have been liquidated and allowed by us as reasonable, and desire your State would remit the sum due, as it is not in- cumbent on us to bear those expenses. The sheriff has charged our State because those prisoners were received and committed to him by authority here, but ought not to be paid by us. " I am, with esteem and regard, gentlemen, " Your most obedient humble servant, "JONTH. TRUMBULL. " The Honble. Convention of the State of New-York." " State of Connecticut, to Prosper Wetmore, sheriff, 1776. DR. £ s. d. Aug. 18, To receiving intothe prison in Norwich, sundry prisoners from the State of New-York, and guarding of by order of His Honour Governor Trumbull, viz : Jonathan Baker, Thomas Vern- ham, John Clark, Thomas Coyne, Lasuras Guire and James Mason, from August 18th, till October 9th, 2 days in a week, at 6s. per day, 5 8 0 To boarding the above named prisoners by Sims Edgerton, jailer, during the said time, being nine weeks, at 9s. per week, for each of said prisoners, 24 6 0 To boarding Jonathan Baker, John Clark and James Mason, in said prison, by Syms Edger- ton, jailer, from October 9th, to December 18th, being 10 weeks, at 9s. per week, for each of said prisoners, 13 10 0 £43 4 0 "Norwich, December ISth, 1776. ("Errors excepted.) " Per PROSPER WETMORE. "Connecticut. " The above account was considered and allowed by the Governor and Council of Safety as just and reasonable. ("Attest.) BENJ. HUNTINGTON, Clerk." " State of Connecticut to Prosper Wetmore, sheriff. 1776. DR. £ s . d. Aug. 21st. To receiving the following prisoners at New-Lon- don, by a special warrant, signed by His Honour Governor, viz : Alexander Campbell, Thomas Swords, William Pemberton, Samuel Anderson, Joseph Anderson, Samuel S. Gord- ner, Walter Scott, John Scott, Jacob Timmer- man, Ralph Watson, John Duzenbury, Frede- rick Williams, Henry Westenhousen, Dugall Cambell, Benjamin Grinman, Owen Conner, William M. Mullin, Israel Orsborn and Samuel Messinger l 0 0 To transporting the above said prisoners from New-London to Preston, which took me three days and expenses, 2 0 0 To cart and horse to carry their baggage, and an hand to assist from Norwich to Preston, . . 12 0 To 2 horses to assist in getting said prisoners to Preston, 5 0 To 2 copies of the above warrant, 3 0 To a copy of a warrant directing me to carry said prisoners to Preston, 1 0 To Ephraim Minor's bill, 10 12 10 To fourteen passages from New-London to Norwich, with Capt. Bradish, 18 9 To Mr. Abeil Cheney's bill, 18 5 £16 12 0 (" Errors excepted.) " Per PROSPER WETMORE. "Connecticut. " The above account was considered and allowed in the Council of Safety as just and reasonable. ("Attest.) BENJ. HUNTINGTON, Clerk." Ordered, That the aforegoing letter of His Excellency Governor Trumbull, and accounts referred to in the same, be referred to a committee, and that Mr. Jay and Mr. Ro- bert R. Livingston be the committee. Another letter from his Excellency Governor Trumbull, dated at Hartford the twelfth instant, was received and read, and is in the words following, vizt : " Hartford, 12th June, 1777. " Sir — The prisoners referred to in your letter of the 976 JOURNAL OF THE COUNCIL OF SAFETY. 18th of April last, were taken up last summer while the enemy's fleet and army were at Staten Island, and by His Excellency General Washington sent into this State to prevent their joining or giving any intelligence to the enemy, where they remained confined until long after the enemy had taken possession of New-York ; when their power of giving intelligence respecting the strength or circumstan ces of the city ceased. " As no advice had been received from General Wa shington or the Convention of the State of New-York re> specling those prisoners, and their remaining here in this State gave them an opportunity of communicating to the enemy, through the hands of disaffected persons, intelli gence that might be much more prejudicial to the Ameri- can cause than any strength they might add to the enemy in New-York by their return thither under the sacred ob ligations of their parol. " As most of them had been gentlemen of public cha- racter, it was thought most advisable to permit them to go to New-York on their parol, to return when thereunto re quired. " On your request, shall take the earliest opportunity to cause the several prisoners belonging to vour State and now on parol in New-York immediately to return, and as I am of opinion their further residence in this State will disserve the American cause, must request you will make the necessary provisions for their removal into the Slate of New-York. " Those gentlemen will be requested to return to Hart- ford. If you can find it convenient to give them directions to go to some suitable place in your State without coming on to this place, it may save trouble and answer the same end " I am, with great truth and regard, sir, " Your most obedt. humble servant, " JONTH. TRUMBULL. " Honble. Leonard Gansf.voort, " Presdt. of Convention New-York." Ordered., That the said letter be committed to a com- mittee, and that Mr. Jay and Robert R. Livingston be the committee. A letter from John E. Van Alen, (directed to Abraham Yates, Esq.) confined in the jail of Albany, requesting his opinion on the propriety of his applying to Council of Safety for leave to remove to one of the eastern States he informs Mr. Yates that his refusing to take the oath of allegiance to this State arises from his intentions to remove as aforesaid, was read, and at the request of Mr. Yates taken into consideration, and thereupon, Resolved, That John E. Van Alen be liberated on his giving bond, with one good surity, in three hundred pounds, to Peter Van Brugh Livingston, Esqr. the Trea- surer of this State, with condition that the same shall be void on his producing to this Council of Safety or the Go- vernor of this State, a certificate of his having taken an oath of allegiance to one of the New-England States, be- fore a magistrate thereof authorized to administer the same, on or before the first day of August next, which certificate shall be subscribed by the said magistrate, or in default thereof, that he shall and do on or before that day render himself a prisoner to the sheriff of the city and county of Albany, who is hereby required to receive and detain him in the jail of the said county until he shall thence be legally discharged. Resolved, That the chairman of the committee of Al- bany be requested to take the bond above mentioned of the said John E. Van Alen, and that his certificate thereof to the sheriff shall be a warrant for his discharging the said John E. Van Alen from his custody ; and further, that the said chairman transmit the said bond to the Vice-Treasurer of this Stale. Die Mercurii, 4 ho. P. M. June 25, 1777. The Council met pursuant to adjournment. Pbesent— Pierre Van Cortlandt, Esqr. President. Mr. Jay, Mr. Yates, Mr. Cuyler, Mr. Harpur, Mr. Hobart, Genl. Scott, Mr. Plait, Mr. Robt. R. Livingston, Mr. Tappen, Major Van Zandt, Colo. De Wilt. ' ' Two certificates from James Van De Bergh, lieutenant- colonel of militia in Dutchess county, that Elkanah Brio-s and Benjamin Ellis, who have been guilty of treasonable practices, have taken the oath of allegiance to this State, and pray the benefit of the act of grace. Resolved, That the President do issue pardons to those persons respectively. Mr. Hobart has leave of absence for a week. Melancton Smith, Esqr. sheriff of the county of Dutchess attending, delivered in his return of the election for Gover- nor, Lieutenant-Governor, Senators and members of As- sembly. Ordered, That the Secretaries keep the said return in safety, until the returns from the other counties come in. The petition of Johannes Frever, confined in the jail of Kingston, and subject to fits of lunacy, praying to be dis- charged, was read and referred to the committee of the Fleet prison, to make inquiry therein. The petition of Benjamin Darby, Gideon Gifford, Samuel Leonard, Asa Lamfeir and David Southard, Samuel De- vine, Archibald Wilson and Philip Brooks, Hugh Ander- son and Samuel Hannah were respectively read. And Ordered To lie on the table for the perusal of the mem- bers. The petition of Alexander Campbell, Samuel Freligh, James Guigley, Thomas Hadden, Cornelius Furler, and others, Walter Stouter and John Stoaks, all confined in the said jail, and praying to liberated, were read. And Ordered To lie on the table. The petition of John Ausum, confined in the jail at Kingston as a dangerous and disaffected person, praying to be discharged, was read ; and a certificate, signed by a number of respectable inhabitants of the town of Roches- ter, as to the general reputation and character of the said Johannes Ausum, was also read. And thereupon, Ordered, That the said Johannes Ausum, on his taking the oath of allegiance, be liberated. A letter from Brigadier-General Bayley, of Gloucester county, dated at Newbury, was received and read, and is in the following words, viz : " Newbury, 14th June, 1777. " Gentlemen — I acknowledge the receipt of an ordi- nance from you, for the election of Governor, Lt. Governor, and Senators and Representatives, for the State of New- York, by the hand of Mr. Wallace. The sheriff and com- mittee gave the proper orders to the several towns ; our meeting will be next Tuesday, but am apt to think our people will not choose any members to sit in the State of New-York. The people before they saw the constitution were not willing to trouble themselves about a separation from the State of New- York, but now almost to a man they are violent for it. The appointment of officers out of the State is looked upon as a slight of the people ; it was not politic. The calling for the rangers is stripping the frontiers of men and arms, which order I received by Major Wheelock, with a verbal account that the others would soon follow. I gave the orders for the march of the first company, but had no money to march them, which they insist upon. They insist that if the conditions they were raised upon is altered in one part, it must in all before they march ; they say their subsistence money will not half support them on their march, nor at Kingston when they arrive. " I am, gentlemen, with the utmost respect, "Your most obt. hble. servt. "JACOB BAYLEY. To the Committee of Safety, Kingston." Ordered, That the said letter be commuted to a com- mittee, and that Mr. Jay, Mr. Robert R. Livingston and Mr. Morris be a committee. A letter from John Barcley, Harmanus Wendell and JOURNAL OF THE COUNCIL OF SAFETY. 977 Abraham Cuyler, dated at Albany the thirteenth instant, informing that by virtue of the power vested in them by the Council of Safety, they have, on the twenty-ninth of May last, administered to Henry Wendell, Esquire, and on the ninth instant, unto Volkert P. Douw, Abraham Ten Broeck, Henry Bleecker and Leonard Gansevoort, Esqrs. the oaths in the ordinance for establishing the constitution of this State, prescribed to be by them taken and subscribed respectively. That Jacob C. Ten Eyck and John H. Ten Eyck, Esqrs. who were appointed judges have declined to accept of their appointment ; and Waller Livingston, Esqr. the other judge named, they have not had an opportunity of offering the oaths to, and can not therefore inform whe- ther he accepts thereof, was received, read, and filed. A letter from General George Clinton, dated the twen- tieth of June, was received and read, and is as follows, vizt : " Fort Montgomery, 20th June, 1777. " Sir — As the office of paymaster to Colo. Duboys's regiment is become vacant by my appointment of Captain Lush, major of brigade, in the room of Major Pawling, who is ordered with his four companies to Ramapough, I wish to have Capt. Townsend's commission for paymaster to that regiment ; as I have ordered him to join the regiment in that character, on the strength of the encouragement given in your answer to my last letter, which 1 was induced to more strongly on seeing a late resolve of Congress which forbids the absence of the paymasters from their regiments, great inconvenience having arisen from the want of their steady attendance, and much greater would arise in suffer- ing the office to be vacant. " Enclosed you have three ensigns' commissions in Colo. Duboys's regiment, two of which must have been filled up through mistake. Jacobus Sleght was appointed by the committee of arrangement, but declined accepting his ap- pointment, and Azahel Barry was appointed in his room, and immediately joined the regiment, and acted in that character therein ever since. Archibald Thomson never joined the regiment, nor indeed could such a person be found, and Francis Hanmore was appointed by the com- mittee of arrangement in his room, as I am informed, and as such joined the regiment. It is best to have these mat- ters rectified and commissions sent to the right persons. Thomas Beyoux, the person mentioned in the third com- mission has resigned some time ago, and quit the regiment. The Colonel wishes James Johnson, his present sergeant- major to fill that vacancy, he is an exceeding good officer, a decent lad with good share of education, and in my opi- nion will merit the promotion to which as the first non- commissioned officer in the regiment he is in some mea- sure entitled. " I am your most obdt. humble servt. "GEO. CLINTON. " To the Honble. the Presidt. of the Council of Safety." Ordered, That Townsend be appointed paymaster to Colonel Duboys's regiment, vice Stephen Lush pro- moted to the office of brigade-major by General George Clinton ; that a commission be issued to Azahel Berry, as ensign of the company number four, of the fifth battalion of New-York forces in the army of the United States, (he having acted as such since raising the regiment,) in the stead of Jacobus Sleght, who declined that appoint- ment. That a commission be issued to Francis Hanmore, as ensign of the sixth company of the fifth battalion of the said forces, which office he now sustains in the regiment, though by some mistake a commission for that ensigncy was issued to some person by the name of Archibald Thompson, who is unknown. That a commission issue to James Johnson as ensign of the company number eight of the said fifth battalion, in the stead of Thomas Bayeaux, who has resigned, and whose commission is now returned and filed. And 245 Ordered, That the said James Johnson's commission be dated this day. A letter from John Williams, Alexr. Webster and Ebe- nezer Clark, dated the 23rd June, was read, and is as fol- lows, vizt : " Sir — The general committee for this county met at Scheensbrough the 20th inst. and finding themselves sur- rounded with difficulties came to the following resolution, to wit : " ' Resolved, That Colo. Jno. Williams, Major Webster and Ebenezer Clark, Esqrs. be deputed to represent to the Council of Safety of this State the present situation of this county.' " Agreeable to said resolve, we met and beg leave to inform you of the following facts : " The sheriff for this county, agreeably to the ordi- nance of Convention repaired to the eastern parts of this county, in order to put up the notifications for the election. But the inhabitants informed him if he posted it up they would take it down, by which means there was no election held in that part of the county called the Hampshire Grants. " The committee sent to Cumberland and Gloucester counties, in order to be informed how they meant to pro- ceed with respect to the Senators, and received for answer, that the Mew-Hampshire Grants had declared themselves independent, and would not let the county committees sit, nor any thing be transacted under the jurisdiction of New- York. " " The people on this side the Grants, being informed of the above, was at a loss what to do. Our part of the county being so small, however, concluded to elect and inform the Honourable Council of Safety of their proceed- ings, so that the sense of the said Council might be taken in the premises. " Doubts have arisen in the committee whether the ex- pense of the Representatives will be a State or a county charge ; if it be determined to be the latter, we could by no means support it, if the whole are to attend, being but one-third part of the county ; therefore must beg the Council of Safely will give us directions how to proceed, that the people at large may be quieted. " Numbers of the inhabitants of this part of the county are lately from the old country, and in general very poor, and by reason of the before mentioned difficulties, and their objections to part of the conslilution, would not vote; and it was with great difficulty there was any election held. However, we can assure the Council, they are ready and willing to do every thing that lies in their power to support the grand cause we are engaged in. Therefore, we, in behalf of the people, most humbly request the Honourable Council of Safety will propose some mode, so that this part of the county might be represented according to its number of inhabitants, and inform us what number of Se- nate and Assembly we are to send, as they are all chosen in this part of the county. " The answer by the bearer hereof will be thankfully acknowledged by, sir, " Your most obedient and very humb. servts. " JNO. WILLIAMS, "ALEXR. WEBSTER, "EBENEZER CLARK. " New-Perth, June 23d, 1777. " To the Honble. President and Members of the Council of Safety at Kingston." Ordered, That the said letter be committed to Mr. Jay, Mr. Robert R. Livingston and Mr. Morris, and that they report ihereon. A letter from Alexander Webster, dated at New-Perth, the twenty-first instant, enclosing the oath of allegiance and of office by him admininistered, to John Williams, one of the judges, Edward Savage, sheriff, and Ebenezer Clark, clerk of the county of Charlotte, was received and ' read. 97S JOURNAL OF THE COUNCIL OF SAFETY. Ordered, That the said letter, with the enclosures, be filed. A letter from Lynde Lord, dated at Litchfield, the twen- ty-third instant, accompanying Gilbert Forbes, who was sent to the State of Connecticut and confined in custody of Mr. Lord by order of the late Provincial Congress, and is now brought from thence to this place by order of this Board, was read and filed. Ordered, That the said Gilbert Forbes, on his taking the oath of allegiance to this State, be discharged. A letter from Isaac Smith, a captain in the Orange county militia, with the resignation of his commission, was read, and referred to General Scott, to write to General George Clinton on the subject. A letter from Isaac Sears, dated at Boston, the thirteenth instant, relative to a brigantine belonging lo Messrs. Hallet, Hazard and Blackwell, Thomas Witter, Peter Kittletas and David Van Horn, taken by Captain Truxten of the priva- teer ship Mars, in the port of Boston, was read and filed. Ordered, That the said letter be committed to Genl. Scott and Mr. Yates. And Ordered, That the Secretaries transmit copies thereof to the said owners. Then the Council adjourned until to-morrow morning 10 o'clock. DIE JOVIS, 10 ho. a. m. June 26, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Morris, Mr. Yates, Major Tappen, Mr. Jay, Mr. Cantine, Mr. Piatt, Mr. Robert R. Livingston, Major Van Zandt, Mr. Harper, Co- lonel De Witt, General Scott. The sheriff of Ulster county attending, delivered in the return of the election held in said county for Governor, Lieutenant-Governor, Senators and Assembly. Ordered, That the Secretaries keep the said returns in safe custody till further orders. Ordered, That Captain Castle be authorized to take the negro fellow (who is confined in jail) on board the armed sloop under his command, to assist in transporting the said sloop to Fort Montgomerie. Ordered, That Captain Castle be authorized to hire three men to assist in transporting his sloop to Fort Montgo- merie. Ordered, That the President do issue a pardon to Peter Bush. Mr. Jay, to whom was committed the letters of Governor Trumbull of the second and twelfth instant, on the subject of the prisoners gone to New- York on parol, and the can- non lent to this State, reported the draft of a letter in answer thereto, which was read, amended and agreed to, and is in the words following, to wit : " Sir — Your Excellency's letters of the second and twelfth instant have been laid before the Council of Safety. The accounts of Prosper Wetmore, Esquire, against this State have been examined and passed, and the amount will, by the first opportunity, be remitted to him or paid to his order. " The Council are sensible of the trouble given to your State by the disaffected sent thither from this State, and regret the necessity which rendered that measure necessary. " As to the prisoners alluded to in yours of the twelfth instant, I am directed to inform your Excellency that your readiness to comply with their request, by causing the pri- soners of this State now on parol at New-York to return, gives them great satisfaction ; provisions will be made for their accommodation and residence in this State, and the Council beg the favour of your Excellency, immediately on their return to Connecticut, to take their parols, to repair forthwith to this town. " I am ordered further to suggest to your Excellency the propriety of fixing a short though reasonable day for their return, and to prevent evasions on their part, the Council are desirous that a vessel with a flag be sent at the expense of this State to New-York, to demand their re- turn to Connecticut agreeable to the terms of their parol, and in case of refusal, that the evidences of it may be such and so preserved, as that proper use may be made of it in future. " In a letter to the late Convention of this State, your Excellency required that the cannon borrowed of Connecti- cut should be either returned or paid for. It ever will be acknowledged by this Stale that the cannon in question belong to and were sent by your State to this, and are either to be returned or paid for by the latter. " The Council wish that this demand may be reconsi- dered or for the present postponed. " Those cannon were not applied to the private and se- parate use of this State in fitting out vessels of war or otherwise, but they were placed in those forts which were erected by Congress to preserve that line of communica- tion between the eastern and western States, which they deemed essential to the safety of both, and of which they presumed the enemy would attempt to deprive them, by gaining the command of Hudson's river. In that service those cannon still are, should they be taken away, others to supply their places cannot be furnished by this State, the far greater part of whose artillery has been lost in the service of the Continent, except indeed the considerable number now in service in Connecticut, and for the return of which, no measures have as yet been taken. " Should the necessities of Connecticut however be deemed such as to require the immediate return of, or pay- ment, for the cannon in question, application for permission to take them from the forts and transport them to your State shall immediately be made, and whatever may be the consequence, be assured that the people of this State will at all times prefer dangers to violations of faith. Should per- mission to return them not be obtained, and the Congress decline paying for them, we will. " I have the honour to be, "Your Excellency's most obdl. humble servt. '■ His Excellency Governor Trumbull." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. Certificates signed by Richard Esselstyne, one of the justices of the county of Albany and second major of the eighth regiment of militia in the said county, that William Dingmanse, Jacob Dingmanse, Abraham Meyer and Ru- dolphus Dingmanse, Junr. (having been guilty of treason- able practices against this State,) have surrendered them- selves and voluntarily taken the oath of allegiance to this Stale, and pray to have the benefit of the act of grace. Ordered, That the President issue pardons to those per- sons respectively. Adjourned until 4 o'clock this afternoon. Die Jovis, 4 ho. P. M. June 26, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Cantine, Mr. Harpur, Mr. Yates, Colo. De Witt, Mr. Piatt Major Tappen. Messrs. Jay, Morris and Robert R. Livingston being out on a committee, the members present adjourned until to-morrow morning, ten o'clock. JOURNAL OF THE COUNCIL OF SAFETY. 979 DIE VENERIS, 10 ho. a. m. June 27, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Corllandt, Esqr. President. Major Tapper), Mr. Cantine, Mr. Harpur, Mr. Piatt, Mr. Yates, Major Van Zandt. Messrs. Jay, Morris and Robert R. Livingston being out on a committee of great importance, the members pre- sent adjourned until 4 o'clock this afternoon. Die Veneris, 4 ho. P. M. June 27, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Cantine, Mr. Piatt, Colo. De Witt, Mr. Harpur, Mr. Root. R. Livingston, Mr. Jay, Mr. Morris, Major Van Zandt, Major Tappen. The committee to whom was referred the petition of Obadiah Jones and others, refugees from Long island, de- livered in their report, which was read, and thereupon the Council came to the following resolulions, vizt : Resolved, That (provided His Excellency Governor Trumbull shall approve thereof) Obadiah Jones, John Hul- bert and Thomas Dearing, or any two of them, do give permits to such of the refugees from Long island as re- side in Connecticut as they shall think proper, and at such times and under such restrictions as they may judge pru- dent, to pass to Long island to get off their effects. Resolved, That the said Obediah Jones, John Hulbart and 1'homas Dearing, or any two of them, be and they are hereby authorized and directed to remove, at the ex- pense of this State, to the county of Dutchess, within the same, all such of the refugees from Long island, now in Connecticut, as are unable to maintain themselves, and are willing so to be removed. Resolved, That one hundred pounds be advanced to the said gentlemen to enable them to execute the above reso- lutions ; and that they account with the Auditor-General of this State for the expenditure thereof. Ordered, That the Treasurer of this State pay the said sum of one hundred pounds unto Mr. Paul Reeve, to be by him conveyed and delivered to the said gentlemen, or one of them. Resolved, That the persons so to be removed, shall on their arrival in Dutchess county, be under the care of, and supplied with necessaries by, Messrs. Abraham Schenk and Gideon Ver Veelen, commissioners for superintending and providing for such of the inhabitants of this State, in the said county, as have been driven from their habitations by the enemy. A draft of a letter to Governor Trumbull, on the subject of the said resolutions, was read and approved, and is as follows, to wit : " Sir — A petition of divers refugees from Long island, now in your State, has been presented to the Council of Safety, together with a copy of a letter from your Excel- lency to the committee of Saybrook, of the fifth of May last. The petitioners represent that many of them left effects of considerable value behind them on Long island, and pray for permission to fetch them off. " It appearing to the Council, that their request may be complied with without injury to the common cause, have come to certain resolutions on that subject, which I have the honour to enclose, and which the Council hope will meet with your Excellency's approbation. "I have the honour to be, "Your Excellency's most obedt. humble servt. • His Excellency Govr. Trumbull." Ordered, That a copy thereof, signed by the President, enclosing a copy of the said resolutions, be transmitted. The committee to whom was referred the several letters of the fourteenth, twenty-first and twenty-third days of June instant, from Alexander Webster, Ebenezer Clark, John Williams and Jacob Bailey, Esqrs. brought in their report, which was read, amended and agreed to, and is in the words following, vizt : The committee to whom was referred the several letters of the fourteenth, twenty-first and twenty-third days of June instant, from Alexander Webster, Ebenezer Clark, John Williams and Jacob Bailey, Esquires, having con- sidered the same, humbly report the following letters and resolutions, to wit : Resolved, That the Representatives chosen for the coun- ty of Charlotte, and the Senators elected for the eastern district of this State, ought, on being notified of their said appointments, forthwith to repair to this place, and take their respective seats in the Legislature. And further, that in the opinion of this Council, the Legislature will provide that the good subjects in Charlotte county, who voted at the late election for the Representatives in Assembly for the said county, and Senators for the eastern district afore- said, shall not be charged with more than their just and proper proportion of the expense to be incurred, by sending the said Representatives and Senators aforesaid. Resolved, That it appears to this Council, that many evil disposed persons in the eastern district of this Stale, are endeavouring to erect the same into an independent government, and give out that they are encouraged there- to by several members of the Honourable the Continental Congress. Resolved, That the following letter be written to our Delegates, enclosing copies of the above letters, and the report of the committee for settling the boundaries of this State ; and that Major Wheelock, be requested to repair to Philadelphia, and to give to our Delegates the fullest information of the present situation of the counties of Char- lotte, Cumberland and Gloucester. Resolved, That the company of rangers commanded by Captain Wait, be peremptorily ordered to repair imme- diately to Kingston, in the county of Ulster ; and that all arrears of their pay and subsistence be paid them on their arrival there. Resolved, That two hundred dollars be advanced to Captain Benjamin Wait, in order to defray the expenses of the said company, and in lieu of subsistence money while on their march ; and that on their arrival at Kingston they may, at their option, receive rations instead of subsistence money. And, Ordered, That the Treasurer of this State pay to the said Benjamin Waite, on his receipt, the said two hundred dollars. Whereas it hath been represented to this Council, that there are great deficiencies in the number of troops des- tined for the northern department : And whereas they are desirous of contributing by every means in their power to strengthen the northern army : Therefore, Resolved, That the company of rangers commanded by Captain John Strong, and the company commanded by Cap- tain Simon Stevens, be put under the direction of Major-Ge- neral Schuyler, until further orders ; that they be paid the arrears of their wages and subsistence on their arrival at such stations as he shall assign them ; and that it be at their option to receive, while at such stations, rations in the stead of subsistence money. Resolved, That a letter be written to Major-General Schuyler, enclosing the above resolutions, and requesting him to pay the arrears of the said company's wages and subsistence on their arrival at such stations as he shall assign them. Mr. Yates dissented to the first and third resolutions. A draft of a letter to Major-General Schuyler, was then read, amended and agreed to, and is as follows, to wit : " Sir — Your information of the present state of the nor- thern army, has induced the Council of Safety to come to a resolution, of which the enclosed is a copy. 980 JOURNAL OF THE COUNCIL OF SAFETY. " The Council hope it will meet your approbation, and request that on the arrival of the rangers to the station you may assign them, you direct that their arrears be paid on account of this State. From the time that you may think proper to call these companies into Continental service, and during their continuance in it, the Council expect they will receive pay and rations from the Continent. " I have the honour to be, sir, " Your most obedient humble servant. " Major-General Schuyler." Ordered, That a copy thereof be engrossed, and that the President sign and transmit the same to the Honoura- ble Major-General Schyler. The Council adjourned until to-morrow morning ten o'clock. DIE SABBATI, 10 ho. a. m. June 28, 1777. The Councel met pursuant to adjournment. Prayers as usual. Present— Pierre Van Cortlandt, Esqr. President. Mr. Tappen, Mr. Harpur, Mr. Yates, Mr. Cantine. Genl. Scott, Mr. Jay, Mr. Robert R. Livingston, Mr. Tredwell, Mr. Van Zaridt, Colo. Be Witt. Ordered, That the Treasurer of this State advance to Captain Benjamin Waite (of the rangers raised in Cumber- land and Charlotte counties under the command of the late Major Joab Hoisington,) the sum of sixty pounds three shillings and two pence, on account of himself and the other officers of his company. The committee to whom was referred the letter from General Putnam, of the twenty-first instant, delivered in their report, which was read and recommitted to Mr. Jay, Genl. Scott and Mr. Morris. Resolved, That the sheriffs who shall attend this board with their returns of the election, do not depart this town until dismissed by this Council. A letter from the Honourable Philip Livingston, James Duane and William Duer, Esqrs. dated at Philadelphia, the nineteenth instant, was received and read, and is as fol- lows, to wit : "Philadelphia, 19th June, 1777. " Honourable Gentlemen — In our last we informed you of the success of our efforts in vindication of General Schuyler, and it gives us great satisfaction to observe from your vote of thanks to Congress and other circumstances, that the honourable issue of this perplexed and delicate business has met with general approbation. Major-Gene- ral Gates, a few days since, arrived in this city, greatly chagrined and enraged against your Delegates, to whom he ascribes what, without any solid reason, he is pleased to call his disgrace. As in this inquiry justice has been our view and truth our guide, we feel ourselves very in- different about his resentment. " We have since assiduously laboured two points of great moment to the State which we have the honour .to represent. The first, a recommendation of Congress to the United States respectfully to encourage and facilitate our being supplied with salt and other European and West India commodities. We have not only succeeded in this object, but with a testimonial highly to the honour of New- York, obtained the additional favour of a grant of near 2,000 bushels of the public salt in store at Plymouth, in the Massachusetts Bay. which for our more immediate re- lief, the Commissary-General is directed to exchange for an equal quantity nearer to our State if it can be done without injury to the service. "When you reflect on some late regulations of our eastern neighbours, you will readily perceive the policy of the first of these resolutions, which evidently implies a reprobation of the ungenerous restraints which they have imposed upon a sister and confederated State whose misfortunes and dis- tresses demanded a very different treatment, since they were drawn upon her only on account of her attachment to the common cause. " The secret committee, agreeably to the directions of Congress, have given us an order for the salt, and we shall endeavour to negociate the exchange with the Commissa- ry-General, and by the first opportunity inform you of the result ; the price will be that which is current at Plymouth. Several authenticated copies of the resolutions we enclose, conceiving you will have occasion to communicate them to some of the neighbouring States. To publish them we think would not be prudent, as by disclosing our distresses it would but too probably give a double keenness to the spirit of extortion which so shamefully prevails throughout the United States, and prevent your purchasing any neces- saries but on the most exorbitant terms. " The other point which we had at heart, and which has employed much of our attention, was a regulation of the Commissary-General's department. " The abuses which had crept into it from the want of method and proper checks, the folly of the purchasing and the negligence of the issuing commissaries, to say nothing of fraud and embezzlement, called aloud for reformation ; and the depreciation of our bills of credit, to which, more than any other cause, it contributed, made it a subject still more serious and important. A system is formed which, if pro- perly carried into effect, will be productive of that economy which in all our affairs seems hitherto to have been but little practised ; it is now in the press, and should it be published before these despatches are closed, we shall not fail to transmit it. " When we observe how much depended upon a pur- chasing commissary, who from the vast sums at his dispo- sal, commanded the market and had great influence on the internal affairs of a State, we thought it of great conse- quence to get this business as far as we were immediately concerned, conducted by one of our fellow citizens upon whose probity, capacity and patriotism a firm reliance could be placed. With this view we recommended Jacob Cuyler, Esqr. of Albany, as deputy commissary-general for the northern department, and though infinite pains were taken to disappoint us and continue the business in eastern hands, we finally prevailed. This and other urgent affairs have put it out of our power to bring forward the instruc- tion of our late Convention respecting the new Connecti- cut government attempted to be established within our jurisdiction. We have for some time, however, been pav- ing the way for its success, and have reason to expect that every thing will be done for our State on this occasion which is consistent with justice and the public good. The beginning of next week is the time we have fixed upon for its introduction. " The expectations of a visit at this city from General Howe appeared last week, from the movements of his army, to be very probable. They now grow more and more remote. Intimidated by the spirit and vigour of the Jersey militia, who turned out to a man, and were ready to meet him in front while the Continental troops were in his rear ; instead of pressing forward he is bu- sily employed in entrenching his army on strong ground near Millston, as if resolved, for some time at least, to act on the defensive. General Washington's regular forces are much better appointed and in all respects superior to any he ever commanded. In courage they are equal to the enemy, in number exceed them, as well as in the good- ness of their cause ; besides they are daily gaining strength while the enemy are diminishing by desertion : so that every thing wears a smiling aspect, and with the blessing of Heaven, seems to promise a fortunate issue to this critical campaign. JOURNAL OF THE COUNCIL OF SAFETY. 981 " We have the honour to be, with the utmost regard, honourable gentlemen, " Your most obedient humble servants, " PHIL. LIVINGSTON, " JAS. DUANE, "WM. DUER. " P, S. Be pleased to forward a copy of the resolu- tion for making a present to Mr. Tilghman. " Honour. Council of Safety of the State of New- York." The resolutions of Congress referred to, and came en- closed in the above letter was then read, and is in the words following, vizt : " In Congress, Hth June, 1777. " Whereas, the State of New- York, long the seat of the present unprovoked war, and a principal object of the vengeance of our implacable enemies, hath been, among other calamities, for a considerable time deprived of her seaports, and of all the advantages and supplies of European and West India commodities which other states derive from commerce, and it being represented that the inhabitants of the said State are more immediately dis- tressed for want of salt, which though a necessary article of life they have no prospect of procuring without the in- terposition of Congress. And it being the duty of Con- gress, as well of the respective United States, to alleviate, as far as may be in their power, the distresses brought down upon any branch of the confederacy on the account of its vigourous opposition to the common enemy, and its virtuous struggles in the great and glorious cause in which all are equally engaged, and the inhabitants of New-York having persevered, amidst the several trials and losses, with vigour aud fortitude in the defence of the liberties of Ame- rica : " Resolved, therefore, That it be recommended to the executive power or Legislatures of the respective States to encourage and facilitate the supplying of the inhabitants of New-York while they shall continue to be deprived of the benefit of importation, with salt and other European and West India commodities of which they may stand in need. " Resolved, That the secret committee be directed to sell to the Council of Safety or Delegates of the State of New-York, a cargo of about two thousand bushels of salt, imported by Congress, and now in store in Plymouth, in the Massachusetts Bay, and that the Commissary-General be directed, if it can be done without prejudice to the pub- lic interest, to exchange for the said cargo of salt an equal quantity nearer to the State of New-York, that the distress of its inhabitants in that respect may be more immediately relieved. " Copy from the Journals of Congress, " CHA. THOMSON, Sec^." A letter from the Honourable William Duer, Esquire, dated at Philadelphia the nineteenth instant, was received and read, and is in the words following, to wit : " Philada, June 19 " In the month of March last all these different move- ments of the enemy were set down for the first and after- wards for the fifth of May, and at present it seems the first of July is the critical moment, which may perhaps be deferred, as they cannot gain that assistance from the dis- affected which they undoubtedly expect. " What hopes they may have formed from an attack upon Ticonderoga, we do not know ; but it appears to us that if the post is as strong as we have always been in- formed, a garrison of three thousand within it can defend themselves against double the number without, and we have no idea that Carlton's forces are more than six thou- sand effective men. " Upon the whole, the Council being unacquainted with military affairs, direct me to inform you that they cannot pretend to say what real dangers may be apprehended from the northward, or how far they may have been magnified by the dejection which General St. Clair mentioned as prevailing in his garrison. " But they wish you to consider that every day the mi- litia are out is a great loss to the State, and if this alarm should prove of no consequence, that you would permit them to return to their homes as soon as possible. " In one of your former letters you mentioned the want of cordage, an article which by the prudent care of the late Convention, the Council might now supply you with if the rope walk erected in this place was not incapacitated from carrying on that necessary manufacture by the want of tar, which, notwithstanding their frequent applications, the pub- lic agent has been unable to procure from the city of Al- bany. " Some time last winter a number of sick from the northern department, on their way to Pennsylvania, were obliged to stop at this place and continue here under the care of the committee for a considerable time ; the expense accruing from the supplies of necessaries to them, amount to the sum of one hundred and thirty-three pounds fourteen shillings. I am further requested, sir, to take your direc- tions whether the accounts are to be audited by the pay- master, the directors of the hospital, or paid by your order from the military chest. " 1 am, with due esteem, sir, " Your humble servant. " Honr. Major-Getil. Schuyler." The resolution referred to in the said letter was also agreed to, and is as follows, to wit: Resolved, That the committee of the county of Albany be requested to send to the warden of the Fleet prison at Esopus Landing, under sufficient guard, all the prisoners now confined in the several jails of Albany for treasonable practices against this and the United States, or such of them as the said committee shall think proper, together with a calendar containing their names and the several causes of their commitments ; and that the warden do re- ceive the said prisoners and dispose of them according to the direction of the committee for superintending the said prisoners. Ordered, That the said letter be engrossed, that the President sign and transmit the same, enclosing the said resolution to the Honourable Major-General Schuyler. The members having agreed not to leave the town, and to meet on the first notice, They adjourned until Monday morning 10 o'clock. DIE LUNJE, 10 ho. a. m. July 7, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Jay, Mr. Harpur, Mr. Yates. Mr. Tredwell, Mr. Canline, Major Tappen, Mr. Morris, Mr. Plait, Colo. De Witt, Mr. Tomkins, Major Van Zandt. Ordered, That Mr. Tomkins be added to the committee on General Putnam's letter relative to the removing of the stock out of the southern part of Westchester county. The Council were informed that Major Wheelock, who was appointed to repair to Philadelphia with despatches from this board, prayed to be excused from that service. Therefore, Ordered, That such parts of the said despatches as re- late to Major Wheelock be omitted, and that the order is- sued to the Treasuser for paying him one hundred dollars to bear his expenses, be countermanded. On motion of Captain Plait for the sense of this Board, The question, whether General Clinton's election of Go- vernor and Lieutenant-Governor be published before the ballots and poll list of the election in Orange county be JOURNAL OF THE COUNCIL OF SAFETY. 989 transmitted by the sheriff of the said county, was put, and carried in the negative. The sheriff of Orange having returned the names of the candidates and of the number of votes given for each of them, as by him taken from the ballots and poll lists deli- vered to him by the persons appointed to superintend the election in the said county, thereupon Ordered, That the Secretary despatch an express to Jesse Woodhull, Esqr. sheriff of Orange county, request- ing him without delay, to transmit to this Council, the poll lists and ballots taken for Governor, Lieutenant-Governor, and Senators in the said county. A letter from Major-General Schuyler, dated the fifth instant, (enclosing despatches to Congress under flying seal,) containing intelligence of the northern army, was read and filed. A draft of a letter of thanks in answer thereunto, was read and approved. Die LtjNjE, 4 ho. P. M. July 7, 1777. The Council met pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. President. Mr. Jay, Mr. Morris, Mr. Piatt, Mr. Cantine, Mr. Yates, Mr. Tom- kins, Colo. De Witt. Some of the members being on particular business of the Board, and there not being a sufficient number of members present to make a Council to proceed to busi- ness, the members present adjourned until to-morrow morning, ten o'clock. DIE MARTIS, 10 ho. a. m. July 8, 1777. The Counc'l met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Piatt, Mr. Harper, Mr. Tomkins, Mr. Cantine, Major Tappen, 5Ir. Gilbt. Livingston, Colo. De Witt, Major Van Zandt, Mr. Yates, Mr. Jay. A letter from Cornelius C. Schoonmaker, informing the Council that Alexander Cropsey having knowingly passed counterfeit Continental bills of credit, was, by the commit- tee of Ulster county, apprehended and committed to the jail at Kingston ; that the examinations relative to this matter, are in the possession of Daniel Graham, Esqr. chairman of the committee of the said county ; that bills by him passed, are in his, Mr. Schoonmaker's hands ; and that the principal witness is Benjamin Freer, of New- Marlborough precinct, was read and filed. Ordered, That Mr. Schoonmaker be directed to retain the said counterfeit bills until the prisoner be brought to trial. That Mr. Graham preserve the said examinations, and cause the said Benjamin Freer to be bound in recog- nizance to attend the first court of oyer and terminer to be held in Ulsler county, as a witness. A letter from Egbert Benson and Peter Cantine, Junr. Esquires, was read and filed. They inform the Council that Jack, a negro man, slave of Mr. George Janaway, entered the house of Mr. Tho- mas Henderson in the night, who being absent, and beat and abused the wife of Mr. Henderson in a most cruel and inhuman manner, probably with an intent to ravish her ; that the said negro is apprehended ; and the said gen- tlemen request that proper persons may be immediately appointed to try him, as they conceive his crime requires a speedy punishment. A draft of a letter in answer thereto, was then read and approved, and is in the words following, to wit : 11 Gentlemen — Your letter of the seventh instant has been laid before the Council : they are happy to hear the atrocious villain you mention is secured ; let him be kept 248 in irons. Burglary is not of the number of those crimes for which justices of the peace are authorized to try slaves. " He has confessed himself guilty of that crime and therefore his conviction for it will be certain. The other charge can not, it seems, be so well supported. For these reasons the Council think he should be referred to the next court of oyer and terminer, &c. to be held in your county. Besides, it is not in the power of the Council to appoint justices of the peace. " We are, gentlemen, " Your humble servants. By order. " Eg3ert Benson and Peter Cantine, Esqrs." Ordered, That a copy thereof be signed by the Presi- dent and transmitted. Adjourned until 4 o'clock this afternoon. Die Martis, 4 ho. P. M. July 8, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Morris, Mr. Jay, Mr. Cantine, Mr. Tappen, Mr. Harpur, Mr. Robt. Livingston, Colo. De Witt, Mr. Yates, Major Van Zandt, Mr. Plait, Mr. Tomkins. A letter from Genl. Schuyler, dated at Still Water the seventh instant, enclosing a copy of a letter from Genl. Learned to him, dated the same day, was read. A letter from General Ten Broeck, dated the seventh instant, informing that our troops have evacuated Ticonde- roga and Mount Independence, was read and filed. The same was immediately taken into consideration : And thereupon, Resolved, That Mr. Yates and Mr. Robert R. Living- ston, do forthwith repair to Head-Quarters in the northern department, and confer with Major-General Schuyler upon such measures as may from time to time appear necessary to be pursued by this State, for the aid and support of the said department, and that they do correspond with this Council. Ordered, That a copy of General Learned's letter, and an extract of General Schuyler's letter, be transmitted by express to General Putnam. Ordered, That the several members who are appointed on committees do meet to prepare and bring in their reports. Adjourned until to-morrow morning ten o'clock. DIE MERCURII, 10 ho. a. m. July 9, 1777. The Council met pursuant to adjournment. Prayers, as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Cantine, Mr. Jay, Mr. Morris, Mr. Tomkins, Mr. Piatt, Major Van Zandt, Major Tappen, Mr. Gilbt. Livingston, Mr. Harpur, Colo. De Witt. A letter from John Henry, commissary of the clothing store, requesting a power to impress teams, &c. and that an augmentation to his pay be made, was read, and Ordered To lie on the table. A letter from Jesse Woodhull, Esqr. accompanying the poll lists and ballots taken at the elections in Orange county, sent by the sheriff, pursuant to an order of this board, was read and filed. Egbert Dumont, Esqr. sheriff of Ulster county, pursuant to the order of the thirteenth, reported that he, with the assistance of Johannes Sleght, Cornelius Jansen and Abraham Freer, Esquires, fixed the price of every meal served to the prisoners by the jailer, and at that rate there is due on his account the sum of ten pounds ten shillings. Resolved, That this Board do approve of the said report. Ordered, That the Secretary write to Mr. Christopher Bancker, and inform him that this Board require that he do without delay inform them whether he accepts of his ap- pointment of commissary of prisoners of war in this State. 990 JOURNAL OF THE COUNCIL OF SAFETY. Resolved, That the commissioners for detecting and defeating all conspiracies, &c. be authorized and requested to purchase and cause to be kept at the expense of this State, two good able horses, for the use of such express riders as may, from time to lime, pass through Poughkeep- sie with public despatches, and who by the failing of their horses may stand in need of fresh horses ; that the said commissioners do cause all such riders as may, from time to time be employed on account of the Continent, to pay for the use of the said horses, and that an account be ren- dered of the same. Resolved, That Major Tappen be authorized and re- quested, in like manner, to purchase two horses to be by him kept at Kingston, for the like purposes and under the like regulations. Ordered, That Colonel Lasher be requested to cause the iron field pieces manufactured in the manor of Livingston, to be properly proved, and if the said field pieces shall stand a good proof, that he do cause the same to be properly mounted on field carriages, and see that proper ball, am- munition, &c. are prepared for the same. Council adjourned until 4 o'clock this afternoon. Die Mercurii, 4 ho. P. M. July 9, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Piatt, Mr. Tomkins, Colo. De Witt, Mr. Cantine, Mr. Gilbt. Livingston, Major Van Zandt, Major Tappen, Mr. Harper, Mr. Morris. Whereas Thomas Willis, a master's mate of one of the British ships of war, taken prisoner by Captain Rogers, of the armed sloop Montgomerie, belonging to this State, and carried into the State of Connecticut : And whereas Co- lonel John Broome hath, on behalf of this State, taken the parol of the said Thomas Willis, to go to New-York, on the like terms, as those of our troops taken on Lake Cham- plain last year were permitted by General Carlton to return to their respective homes. Resolved, That the Council do approve of the act of Colonel Broome in the premises, and that they consider the said Thomas Willis as a prisoner of war, to be ex- changed for an inhabitant of this State. Resolved further, That Colonel Broome be requested to apply to some proper officer for a flag or passport for the said Thomas Willis, to enable him to repair to the city of New-York. The Council of Safety having examined the poll lists and ballots, relumed by the sheriffs of the respective coun- ties, of the several elections held in the said counties for Governor and Lieutenant-Governor of this State, and for Senators for the respective districts thereof, where the same have been elected, do find and declare that the number of votes given for Governor and Lieutenant-Governor of this State, and for Senators for the middle, northern and eastern districts thereof, are as follows, vizt : CANDIDATES FOR SENATORS IN THE WESTERN DISTRICT. H Z, 5 o u 2 Albany, Tryon,. 673 451 607 465 347 517 385 392 388 171 482 421 Total, . 1124 1072|739 905 556 903 490 285 25' 17 131 197 4 66 436 54 a 285 65 =9 25 17 130 1 pq 196 1 66 June 27, 1777. ) " Resolved, That the Honble. R. Treat Paine and Azor Orne, Esqr. with such as the Honourable Board shall join, be and hereby are appointed a committee in behalf of this State to meet committees from the General Assemblies of the States of New-Hampshire, Rhode-Island, Connecticut and New- York, at the town of Springfield, in the county of Hampshire, within this State, on the thirtieth day of July next ; in case said Assemblies think fit to appoint such committees, then and there to hold a conference respecting the state of the paper currency of the said governments, of the expediency of calling in the same by taxes or other- wise ; of the most effectual, expeditious and equal method of doing it, and to consult upon the best means for pre- venting the depreciation and counterfeiting of the same ; and also to consider what is proper to be done with respect to the acts lately made to prevent monopoly and oppres- sion, and to confer upon the late acts for preventing the transportation by land of certain articles from one State to another, and to consider such other matters as particularly concern the immediate welfare of said Stales, and are not repugnant to or interfering with the powers and authorities of the Continental Congress, and to report the result of their conference to the general court. And the Secretary is hereby directed immediately to transmit authenticated copies of this resolve to the General Assemblies of the States aforementioned. " And every clause in an act entitled ' An act in addition to and for amending and more effectually carrying into execution an act entitled an act to prevent monopoly and oppression, made the present year,' be and hereby are sus- pended until the further order of this court, excepting the two first enacting clauses in the act before mentioned, de- termining the prices certain articles therein enumerated, shall be sold at. " Sent up for concurrence. " R. T. PAINE, Spkr. P. T. " In Council, June 27, 1777. " Read and concurred in, and Thos. Cushing, Esq. is joined on the part of the board. " JOHN AVERY, Dpy. Secy. " Consented to by a major part of the Council. " A true copy. " Attest." Ordered, That the said letter and resolution referred to in the same, be committed to Mr. Jay. Resolved, That the sitting of the supreme court of judi- cature for this State be adjourned from the last Tuesday of July instant, to the last Tuesday of August next, of which all persons are required to take notice and govern them- selves accordingly. On reading the petition of Elnathan Foster, Ordered, That he be permitted to visit and abide with his family for the term of one week. Ordered, That Mr. Gilbert Livingston have leave of absence for five days, on the appearance of Mr. Robt. R. Livingston and Mr. Piatt. Adjourned until the afternoon 4 o'clock. Die LuNiE, 4 ho. P. M.July 14, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Jay, Genl. Scott, Major Tappen, Mr. Gilbt. Livingston, Colo. De "Witt, Mr. Tredwell, Major Van Zandt, Mr. Cantine Sundry petitions of inimical persons confined on board the Fleet prison, and in the jail of Kingston, were read. Some of them were ordered to lie on the table, and the residue committed to report thereon their crimes. Samuel Tid, a person traveling through this place and who says he came from Fort Independence on the evacua- tion of that post, being suspected to be a deserter, was brought before the Council and examined : And there- upon, Ordered, That the said Samuel Tid be confined on board Captain Benson's own sloop, until further inquiry can be made as to his political character. Adjourned until to-morrow morning 10 o'clock. DIE MARTI S, 10 ho. a. m. July 15, 1777. The Council met pursuant to adjournment. Prayers as usual. Present— Pierre Van Cortlandt, Esqr. President. Mr. Tredwell, Mr. Jay, Mr. Harpur, Mr. Cantine, Colo. De Witt, Major Van Zandt, Major Tappen, Mr. Piatt, Mr. Gilbt. Livingston, General Scott, Mr. Robt. R. Livingston. The petitions of sundry persons confined on board the Fleet prison, sent thither from Albany, praying to be re- leased from confinement, were read. And Resolved, That Brigadier-General Ten Broeck be re- quested to transmit all such parts of the proceedings of the general court martial held at Albany, respecting the per- sons brought before the said court, and sent from Albany to the Fleet prison, and which have not heretofore been transmitted. Ordered, That Samuel Herring, of Orange county, confined in Kingston jail, on his taking the oath of allegi- ance, be discharged. A letter from General Putnam, dated the twelfth instant, was read, and is in the words following, to wit : " Head-Quarters, Peekskill, July 12, 1777. " Sir — Received yours from the Council of Safety, with the enclosed copy from Genl. Schuyler. Am greatly astonished at the evacuation of Ticonderoga in the manner it is represented ; think there is great fault some where. " By a woman from New-York last Sunday, am just now informed that a packet arrived there last week on Thursday ; brought some advices to Genl. Howe, but what she is unable to say ; that the troops were embarked, had orders to take on board 20 days' provision ; that several of the principal merchants had put their goods on board ; that three transports sailed up the East river last Saturday with soldiers on board ; that great fault was found by the officers, that General Howe had made no greater conquest of America ; that the enemy designed to attack us east and north. " By Mr. Storer, quarter-master to Genl. Glover's brigade, direct from Head-Quarters at Morris Town, am informed that Genl. Washington is on the march with his army to this place ; that a justice who went to the enemy from Jersey is returned back, says a packet arrived at New-York Thursday last week, and brings advice that the East India Company have declared themselves independent of Great Britain, which has occasioned some new orders to Genl. Howe. " By a deserter this day come in from Powles Hook, am informed that they have eight regiments there ; that forty transports, under convoy of a large ship and six frigates, sailed out of the Hook on the 9th instant ; that Genl. Howe's army consists of 19,000 men. " With esteem, am your obedt. humble servt. "ISRAEL PUTNAM. "To the Honourable Pierre Van Cortlandt, President of the Council of Safety." A letter from Captain Hodge, of the Continental frigate Montgomerie, dated July the thirteenth, with a list of offi- cers by him recommended for the said ships, together with a copy of a letter from the marine committee to him dated June the twenty-sixth, on the same subject, was read and filed. Ordered, That Mr. Tredwell, Mr. Plait and Mr. Van Zandt be a commiltee to report a list and arrangement of proper persons as officers for the Continental frigates. JOURNAL OF THE COUNCIL OF SAFETY. 995 Mr. Tredwell has leave of absence for ten days. Ordered, That Mr. Hobart be written to, and requested to attend the Council. The memorial of Richard Hatfield, in behalf of Joshua Hatfield, late an inhabitant of Westchester county, was received and read, and is in the words following, vizt : " To the Honourable the Council of Safety for the State of New-York : " The petition of Richard Hatfield, in behalf of Joshua Hatfield, late an inhabitant of the White Plains, in the county of Westchester, " Humbly Sheweth : " That the said Joshua Hatfield in and by two several bonds, bearing date the twelfth day of December, in the year of our Lord one thousand seven hundred and seventy-four, became joinlly and severally bound, with his son Barns Hatfield, unto one Peter Bonelt and John Tomp- kins, in the penal sum of three hundred pounds, conditioned for the payment of one hundred and fifty pounds, with lawful interest ; that the whole of the said moneys (which are now due, with part of the interest,) have been received by the said Barns Hatfield, for his own separate use and be- hoof (the said Joshua Hatfield being only his security,) that the said Barns Hatfield, some time after the execution of the said bond, to wit, on the fifth day of April, one thousand seven hundred and seventy-six, in order to save harmless and keep indemnified the said Joshua Hatfield, did, to- gether with his brother, Peter Hatfield, for whom the said Joshua Hatfield also became bound as a security, executed a certain bill of sale in the nature of a mortgage for a cer- tain negro boy and stallion, and also for sundry other arti- cles in the same mentioned. " That at the time the enemy advanced to the White Plains, in November last, they took possession of the said stallion ; that the said negro boy is since dead ; and that sundry of the articles in the said bill of sale mentioned, have been disposed of by the said Barns Hatfield, and ap- propriated to his own use, previous to his having joined the enemy, which your petitioner with much regret, mentions has been the case ; that there is now standing on the farm of the said Joshua Hatfield, in Dutchess county, about twelve acres of wheat, which was sown by the said Barns Hatfield, previous to his having joined the enemy. " That your petitioner is of opinion that the articles now undisposed, of those which were mortgaged as aforesaid, are insufficient to indemnify the said Joshua Hatfield, in being security as aforesaid. Your petitioner flattering him- self it is not the intention of the Honourable Council of Safety, that persons friendly to the cause of America, should be injured by the misconduct of disaffected persons, takes the liberty of presenting this petition. And although a sale of the wheal aforesaid would amount to a small sum, yet as the said Joshua Hatfield has suffered much by the devastation of his property by the enemy, your petitioner humbly prays that the Honourable Council of Safety will be favourably pleased to grant to the said Joshua Hatfield the wheat aforesaid for his indemnification, and your peti- tioner shall ever pray. "RICHARD HATFIELD. " \bth July, 1777." "Kingston, \bthJuly, 1777. — The above named Rich- ard Hatfield, being duly sworn, deposeth and sailh, that he was a witness to the execution of the said bill of sale above mentioned, to have been executed by the said Barns Hatfield and Peter Hatfield, and that he verily believes the same was executed to indemnify the said Joshua Hatfield in becoming security as above mentioned ; and that the facts set forth as above are true, and further saith not. "RICHARD HATFIELD. " Sworn the day and year above ) written, before me, $ "John Jay." The same being taken into consideration, Resolved, That it is inexpedient for this Board to inter- fere in private contracts. Ordered, That Mr. Piatt be added to the committee to confer with Major Wheelock. Ordered, That Lieutenant- Colonel Elmendorph do, by drafts out of the regiment of militia under his command, furnish a captain and twenty men to guard the prisoners confined in Kingston jail and on board the Fleet prison ; and that the said guard do parade at the court house in Kingston, on Thursday next, at 4 o'clock in the afternoon. Ordered, That Lieutenant-Colonel Hornbeck do in like manner, out of the regiment under his command, furnish a guard of a lieutenant and fifteen men for the like pur- pose. Resolved, That the said lieutenant-colonels do cause the said guard to be relieved weekly, by similar drafts from the said regiments of militia, until the company of guards which this board are endeavouring to raise can be com- pleted. Resolved, That the said drafts be allowed the like pay and subsistence as are allowed to Captain Schoonmaker's company. Ordered, That the Captains Elmendorph and Bogardus, of Colonel Snyder's regiment, do, by four o'clock this afternoon, furnish a guard of twenty-four men to relieve the guards at the court house and Fleet prison, to be con- tinued until relieved by other guards from the militia. Colonel Eleazer Patterson (who is sent by the commit- tee of Cumberland county) delivered into Council the fol- lowing letters and papers, to wit : A representation from the committee of the said county, dated at Brattleborough, June twenty-sixth last past, and signed by James Clay, Esqr. chairman, giving an account of the state of the said county as to the revolted subjects who set up an independent government. A letter from Simon Stevens, Esqr. dated Springfield, June twenty-third, on the same subject. A copy of a certified extract of the proceedings of the Convention of the State of Vermont, dated the fourth day of June last past. Another copy of a certified extract of the proceedings of the said Convention, of the same date. A petition of Andrew Naughten, confined in the jail of the said county by the authority of the said Convention. A letter from Paul Spooner, Esqr. (who was appointed to the office of sheriff of the said county by the late Con- vention of the State of New- York) declining to exercise the said office. A certificate from the committee of Cumberland county, dated June the twenty-seventh, signed by James Clay, Esquire, chairman, setting forth the appointment of Colo- nel Patterson to convey to the Assembly or Convention of New-York the representation above mentioned, with the papers enclosed. The said letters and papers being read, Ordered, That they be committed to Mr. Robert R. Livingston, General Scott and Major Tappen. Adjourned until to-morrow morning 10 o'clock. DIE MERCURII, 10 ho. a. m. July 16, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. R. R. Livingston, Mr. Cantine, Major Tappen, Mr. Harpur, Major Van Zandt, Mr. Piatt, Colo. De Witt, Mr. Jay. Resolved, That Captain Frederick Schoonmaker be and he is hereby appointed to raise a company of men similar to the company he lately raised and commanded, pursuant to the resolutions of the late Convention, passed 996 JOURNAL OF THE COUNCIL OF SAFETY. the twenty-ninth of April last ; and to be under the like regulations as to service, pay and subsistence ; and to con- tinue in service until the first day of December next, un- less sooner discharged. Ordered, That Frederick Batts and Martin Loop, of the manor of Livingston, confined on board the Fleet pri- son for disaffection to the American cause, on their taking the oath of allegiance, be discharged, according to the prayer of their petition. Ordered, That blank warrants for a boatswain and cook for the Continental frigates Congress and Monlgomerie, be sent to the commanders of those ships respectively, who are hereby authorized to fill them up with the names of such persons as to them shall appear properly qualified. Resolved, That the President do issue a pardon to Wil- liam Kelder (who was, by a court martial held at Fort Montgomerie, May the second, tried, convicted and sen- tenced to suffer death for treasonable practices against this State) of the crimes and punishment whereof and whereto he stands charged, pursuant to the resolution of the late Convention. Two letters from Tryon county, the one from the com- mittee at Harpersfield, dated the 4th instant ; the other from William Harper, Esqr. dated the 8th inst. informing the Council of their apprehensions of the Indians, and praying the Council to provide means for their protection, were read and filed. Colo. John Harper and a Mr. Johnston, the bearers of these letters, were examined, and [their examinations] are in the words following, vizt : " Ulster County, ss. — Colo. John Harper, of Harpers- field, in Tryon county, being examined says, that on the twenty-seventh day of June last, Brigadier-General Her- kiemer, of Tryon county, with about three hundred and eighty of the militia of that county, met Joseph Brandt at a place called Unadella, on the Susquehannah, to demand of him the reason why he had taken cattle from the people of that place. That he, the said John Harper, was there present as one ; that Brandt appeared with several Indian chief warriors with him to hear what the General had to say to them. " That General Herkiemer delivered his speech tending to peace with the Indian nations. " That Brandt replied that he was thankful that the Ge- neral was so peaceably disposed, but as they were hungry they could not speak until they had eaten ; that Brandt and his chiefs went away to refresh themselves and return- ed with upwards of one hundred and thirty warriors, to wit, about 136 or 137 warriors. That Brandt then said to the General he was glad that he and his party were so peaceably disposed, but that by their numbers they ap- peared to be disposed for war, and if so, he was ready for them. That he farther said, he appeared there because of several things which keeps the minds of the Six Nations uneasy. "That one reason he assigned was, that the Mohawks were confined and had not the liberty of passing and re- passing as formerly. " 2ndly. That their minister, Mr. Stewart, had not liber- ty to pass and repass to them as formerly, so that they could not carry on their religious worship as formerly. " 3rdly. That forts were built within the lines of the Indians' territory on their lands ; that these were the only matters of consequence which made the minds of the Six Nations uneasy, and appeared as if designed against them ; that if these things were rectified, it would give their minds ease. "That General Herkiemer asked if they would be peac. able and do nothing against the country if these things were rectified ? " That to this Brandt replied, that they were in cove- nant with the King, as their fathers, grandfathers and great grandfathers had always been ; that they were steady and not changeable as the wind ; that the King's belts weie yet lodged among them ; that they could not think of being such great scoundrels as to falsify their pledges of trust ; that for their parts (meaning the General and his party) they joined the Boston people against the King ; that the Boston people were very resolute, but that the King would humble them ; that Mr. Schuyler, or General Schuyler, or what you may please to call him, had been very smart on the Indians at the treaty at the German Flatts, and threat- ened them if they would join the King's party, but was not at the same time able to afford them linen to put a shirt on their backs ; that the Indians were not to be scared by Mr. Schuyler's threats ; that the Indians had formerly made war on the white people when both the King and the coun- try were together, and now they were opposed to each other, the Indians were not to be frightened. " That after Brandt had declared their intentions of abi- ding faithfully to the King, Colo. Cox said if that was their resolution, there need not be any further inquiry ; the mat- ter was settled. " That Brandt then turned to his warriors and spoke to them ; that they arose and shouted, and run off for their arms ; that in their own camp, about a mile from where the parties were assembled, they took their arms and fired a number of arms, and gave the war whoop. " That General Herkiemer told Brandt he did not come there for war, and prevailed on him to send a person to detain his warriors at their camp, or prevent their coming to attact the General's party. " That Brandt's speaker rose, told Genl. Herkimer that they were there ready for them and ready to come to action, all which he said in the most threatening posture. That he then proposed to the General that Mr. Stewart should have leave to go to the upper Mohawk Castle ; that the Mohawk Indians and Colo. Butler's wife should also have leave to go to the upper Mohawk Castle ; that the people of Una- della should be permitted to remain at home, subjects to their King ; that they had complained that they had been obliged to take an oath of allegiance to the Staets, con- trary to their consciences ; that General Herkiemer told him his party came after tories and deserters, and required Brandt to deliver up those who joined him or were under his protection ; that he refused to give up either, but insist- ed they should remain in possession of their places and subject only to their King ; that General Herkiemer agreed to his proposals. " That Brandt then said, he and his warriors would go away, and that he was himself to go to Oswego to a treaty with Colo. Butler. " That next day Brandt, with a number of spear men, came and put the tories in possession of their places. " That General Herkimer and his party came away. " That he, the examinant, has been informed by an In- dian that Brandt is now lying at Onehoghquago recruiting ; that he had sent to the different nations, and requested that all those who had any spirit to go to war should join him, and that several came and joined him every day. " That the Indian told him on the eighth instant, that Brandt was deceiving the white people when he told them he was going to Oswego ; that he was recruiting his party to fall on the white people unexpectedly. "That the Indian who informed the deponent run some risk to give that information, and desired that his name may be concealed. "JOHN HARPER. " Sworn and examined by me, ) "July 16th, 1777. J "John McKesson, Nots. Pubs." " Ulster County, ss. — William Johnston being examin- ed, says, that on the second day of June, Joseph Brandt came up from Onehoghqauga to Unadella, with between seventy and eighty warriors ; that they came out of the Indian territory, and within the division line between the Indians and inhabitants about one mile ; that Brandt and JOURNAL OF THE COUNCIL OF SAFETY. 997 his party sent for the officers of the militia company, and the minister of Unadella, and informed them that they were in want of provision ; that if they could not gel it by con- sent they must take it by force ; that Joseph Brandt told the officers that their agreement with the King was very strong, and that they were not such villains as to break their covenant with the King ; that they were naturally warriors, and that they could not bear to be threatened by General Schuyler ; that they were informed that the Mohawks were confined, that they had not liberty to pass and repass as formerly ; that they were determined to be free, as they were a free people, and desired to have their friends removed from the Mohawks river, lest, if the west- ern Indians should come down, their friends might suffer with the rest, as they would pay no respect to persons ; that the inhabitants being but weak and defenceless, they let them have some provision ; that the said Brandt and his party, after staying about two days at Unadella afore- said, took eight or ten head of horned cattle and some sheep and hogs', and then returned to Oneoghquaga again ; that those of the inhabitants who were friendly to the cause of America, removed with their families and effects to places of more safety ; that the examinant then went to the officers of Tryon county and informed them of the matter ; that General Herkimer went with a party of men to Unadella. " WILLM. JOHNSTON, Jtnre. " Sworn and examined this > 16th July, 1777, by me. S " John McKesson, Not. Pub" Ordered, That the said letters and examinations be referred to Mr. R. R. Livingston, Mr. Canline and Mr. Piatt. A letter from Stephen Kinney, Esqr. chairman of the committee of Claverack, enclosing a petition of Asa Lan- fear, Samuel Leonard, Gideon Gilford and David South- ard to the said committee, praying to be recommended to the Council of Safety, that they may be liberated from their confinement. The said committee, by their letter, accordingly recom- mended to the Council that the said prisoners may be dis- charged, on their taking the oath of allegiance, and appear- ing before the said committee to give evidence on oath of any plots, or conspiracies, that may have come to their knowledge, was read and filed. And thereupon, Ordered, That the said four persons be discharged on the terms mentioned in the said letter. Adjourned until this afternoon 4 o'clock. Die Mercurii, 4 ho. P. M. July 16, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Jay, Mr. Piatt, Colo. De Witt, Mr. Cantine, Mr. Harpur, Major TappeD, Mr. R. R. Livingston, Major Van Zan.it. Resolved, That the Legislature of this Slate be conven- ed to meet at Kingston, in Ulster county, on the first day of August next. Resolved, That copies of the above resolution be sent to the county committees of the several counties in this State, and that they be requested to notify their Represen- tatives in Senate and Assembly accordingly. Ordered, That the aforegoing resolutions be published in the newspapers. A letter from General Schuyler, dated at Fort Edward, the fourteenth instant, was received and read, and is in the words following, vizt : " Albany, Uth July, 1777. " Sir — Being detained by the continual rains I shall set out in one hour for Fort Edward. I am sorry to say lhat I have not been able yet to obtain a more satisfactory ac- count of the abandonment of Ticonderoga, than at King- ston. For what reasons and in what manner this business was done is still a mystery. There is a tale current that 250 we had a severe engagement with them in the retreat. The best account I can give you must be in general terms, for the particulars vary too much to determine on which part truth is. " Ten companies of grenadiers and light infantry, or rather a party of the enemy's army were sent from Ticon- deroga in pursuit of ihe fugitives. At about sixteen or eighteen miles from Mount Independence they fell in with the rear guard of St. Clair's troops. There was some fighting. Our loss from three hundred to twenty, and that of the enemy from one thousand to fifty ; but twenty-four prisoners we have, to wit : fourteen Canadians, seven Bri- tish and four foreigners. At Fort Anne the enemy attack- ed twice and were twice repulsed, with considerable loss, as it is said. In this business we lost nothing. Afterwards Colo. Henry R. Van Rensselaer was sent out with a party of militia, and falling in with the ninth regiment a severe conflict ensued. We lost twelve killed on the field and many wounded (probably more.) Among the wounded was the colonel, by which means our success was not so great as there is reason to believe it would have been. We have taken a captain, a doctor and one or two more. " I hear the enemy are returned to Ticonderoga ; how true it is I know not. I expect that a part of our confer- ence with Genl. Schuyler will be about keeping out some of the militia. Having no powers, I shall do what I think is best, and trust to the Council to confirm it, or hang me. But whether Mr. Yates will join in pursuing lhat line of conduct is very uncertain. "At Fort Stanwix, I believe our affairs do not stand quite as well as might be expected. If Genl. Herkemer was directed to draft five hundred of his militia, and throw them in as a reinforcement it might produce good effects. These then should be continued in service till the first of October. If any thing of this kind is resolved on be pleas- ed to enclose your letter to the General, to Jacob Cuyler, Esq. at Albany, who will send it forward or not, as Genl. Schuyler shall or shall not ihink ihe measure eligible. "I have the honour to be sir, " Your most obedient and humble servt. "GOUVR. MORRIS." A letter from the Honourable John Hancock, dated Phi- ladelphia, the 8lh instant, was received and read, and is as follows, vizt : "Philada. July 8th, 1777. " Gentlemen — The distressed situation of the troops at Ticonderoga, for want of blankets, and the sickness consequent thereupon, have induced the Congress to pass the enclosed resolve, directing me to request you will exert yourselves to collect and forward to that post fifteen hun- dred blankets with all possible expedition. " The Congress engage to replace the same number of blankets out of the first that shall be imported into any part of the United States, on account of the Continent. " I have the honour to be, gentlemen, " Your most obdt. servt. "JOHN HANCOCK, Presidt. " Honble. Council of Safety of the State of New-York." The resolution of Congress recommending to the Council of Safety of New-York, to collect and send to Ti- conderoga fifteen hundred blankets, and which is referred to, and came enclosed in the preceding letter, was then read, and is in the words following, viz : " In Congress, July 7, 1777. " Resolved, That a letter be written to the Council of Safety of the State of New-York, informing them of the distress which the troops at Ticonderoga are in for want of blankets, and requesting them to use their exertions in col- lecting and forwarding in the most expeditious manner to that post fifteen hundred blankets. " That the faith of Congress be plighted to the State of New- York for replacing the blankets so furnished out of 998 JOURNAL OF THE COUNCIL OF SAFETY. the first importation of that article on the account of the Continent, in any port in the United States. " Extract from the minutes, " CHAS. THOMSON, Secy. " By order of Congress, "JOHN HANCOCK, Preside." A letter from the Honourable James Duane, Philip Li- vingston and William Duer, Delegates in Congress was received and read, and is in the words following, to wit : "Philadelphia, 2d July, 1777. " Honourable Gentlemen — " Since our last we have applied to Commissary Trum- bull to exchange in the manner directed by Congress the 2,000 bushels of salt which they were pleased to grant for the relief of our State ; as soon as we receive his an- swer you shall know the result. We are endeavouring to purchase further quantities of this necessary article for the use of our fellow citizens, and have a prospect of suc- ceeding. "The manufacturing of salt in the interior parts of our own State is certainly an object most worthy of the attention of the public. The Indians far from being averse to it, seem heartily disposed to favour the design, and by being made partakers of the advantages, might become warmly en- gaged for its success. " If the war should be prolonged, it is far from being improbable that we may be deprived of all foreign sup- plies. How necessary then may this expedient prove to our comfortable subsistence and to our internal union and repose ? " We hope to hear that the experiments which were di- rected before we left Kingston have proved favourable, as well as that good progress- has been made in the manufac- ture of lead and flints, and the refining of sulphur. A cer- tain prospect of internal supply of these important articles would give Congress singular satisfaction ; and if derived from your researches and exertions, would add highly to the reputation of the State. " We were yesterday honoured with your favour of the and immediately took the necessary steps to pro- cure an account of the State prisoners sent to Philadelphia by our late Convention, and of the manner of their dis- charge. It shall be transmitted to you by this conveyance, with the reasons which induced the Council of Safety of this Commonwealth to use so little ceremony in a business which had been represented to them as of a very serious nature. " Congress, between this and the 26th of June, have spent the greatest part of four days in considering the claim of some of the inhabitants of our State to a new govern- ment, independent of the community, and the letters and remonstrances of our late Convention and your Honourable Council, on that interesting subject. The principles upon which this ambitious project was granted, were admitted to be of universal concern to the general confederacy ; and they were considered as particularly odious, from the attempt to confirm them by the grossest misrepresentation of the resolutions of Congress. No debate was ever conducted with more deliberation and solemnity, and the decision was such as, in our judgment, ought, for the present, to be sa- tisfactory ; it does not, it is true, come up to the requisi- tion of our Slate, ' that the insurgents should be recom- mended to a peaceable submission to its jurisdiction by the authority of Congress, and that Warner's regiment should be discharged.' But by totally reprobating the idea that a minority can establish an independence of the commu- nity of which they are members, by proclaiming the duty of Congress to secure and defend the several communities of which it is composed : " By censuring the supposition that Congress could do, recommend or countenance any thing injurious to the rights and jurisdictions of those communities : " By declaring expressly that the independent govern- ment attempted to be established by those misguided peo- ple, can derive no countenance or justification from the particular resolution on which it is pretended to be founded, or from any other act or proceeding of Congress : " By the contemptuous rejection of their petition to be received and ranked as a free State, and to be represented by their own Delegates in Congress : " By the apology to the State of New-York for raising Warner's regiment, implied in the explanation of the mo- tives which gave rise to it, and by the severe censure of Doct. Young's address, encouraging those people to per- severe in their defection : " By all these different resolutions, we think a substantial foundation, on general and undeniable principles, is laid, either for reclaiming our fellow citizens to their duty and a submission to the laws, by the force of reason and per- suasion, and the fears of offending a whole continent ; or should they obstinately persevere in their revolt, for a fu- ture requisition of the aid of Congress, to be administered in such manner as the opposition of the disaffected, and our own circumstances, may render expedient. " We flatter ourselves, therefore, that we shall meet with your approbation, and that our country will be pleased and benefitted by the measures adopted on this occasion. May we be permitted to suggest the propriety of despatch- ing commissioners, without delay, to explain and enforce, among our too aspiring countrymen, these resolutions of Congress, and to seize the advantage which the first impres- sion of unexpected disappointment and condemnation from the only tribunal they fear, may make on their minds, in order to induce them to a submission of your jurisdiction. " This appears to us to be the more necessary, as Mr. Roger Sherman, of Connecticut, who brought in the peti- tion for these people to Congress, and has all along acted openly as their advocate and patron, and in the last debate plead their cause with a zeal and passion which he never discovered in any other instance, and which, in a judge, between a State and some of its own members, was far from being commendable. This gentleman, we say, im- mediately on passing the resolutions, procured copies, and having obtained leave of absence, is already set out on his journey to the eastward. What may be his views with re- spect to our dispute, we know not, but to his enmity and officiousness you ought not to be strangers. " We have the honour to be, with the greatest respect, honourable gentlemen, " Your most obedient humble servants, " PHIL. LIVINGSTON, " JAS. DUANE, " WM. DUER. " Honl. Council of Safety for the State of New-York." The resolutions of Congress of the thirtieth day of June, on the subject of the claim of some of the revolted subjects of this Stale, setting up a new independent Slate, to be called the State of Vermont, was also received and read, and is in the words following, vizt : " In Congress, Monday, 30th June, 1777. " Congress, agreeable to the order of the day, resolved itself into a committee of the whole, to take into conside- ration the letters from Abraham Ten Bioeck, Esqr. Presi- dent of the Convention of the State of New-York, dated 20lh January, and 1st March, 1777; the resolutions pass- ed in Committee of Safety for the Stale of New-York, at Fishkill, twentieth of January, 1777, transmitted with the above letters, and a petition signed Jonas Fay, Thomas Chittenden, Heman Allen and Reuben Jones, in the name and behalf of the people styling themselves inhabitants of the New-Hampshire Grants, dated New-Hampshire Grants, Westminister, 1 5th January, 1777; a letter from Pierre Van Cortlandt, Esqr. President of the Council of Safety of New-York, dated 28th May, 1777 ; and a printed paper, signed, ' A word to the wise is sufficient,' containing an JOURNAL OF THE COUNCIL OF SAFETY. extract from the minutes of Congress ; and a letter to the inhabitants of Vermont, signed Thomas Young, dated Phi- ladelphia, 1 1th April, 1777, laid before Congress the twen- ty-third instant, by the Delegates of New-York ; and after some time, the President resumed the chair, and Mr. Har- rison reported : That the committee have had under con- sideration the letters and papers to them referred, and have come to sundry resolutions thereupon, which he is ready to report whenever Congress shall please to receive them. " Ordered, That the report be now received. " The report from the committee of the whole was then read and agreed to, as follows : " Resolved, That Congress is composed of Delegates chosen by and representing the communities respectively inhabiting the Territories of New-Hampshire, Massachu- setts Bay, Rhode-Island and Providence Plantations, Con- necticut, New- York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia, as they respectively stood at the time of its first institution ; that it was instituted for the purpose of secur- ing and defending the communities aforesaid against the usurpations, oppressions and hostile invasions of Great Britain, and that therefore it cannot be intended that Con- gress, by any of its proceedings, would do, recommend or countenance any thing injurious to the rights and jurisdic- tions of the several communities which it represents. " Resolved, That the independent government attempt- ed to be established by the people styling themselves in- habitants of the New-Hampshire Grants, can derive no countenance or justification from the act of Congress de- claring the United Colonies to be independent of the Crown of Great Britain, nor from any other act or resolu- tion of Congress. " Resolved, That the petition of Jonas Fay, Thomas Chittenden, Heman Allen and Reuben Jones, in the name and behalf of the people styling themselves as aforesaid, praying ' that their declaration that they would consider themselves as a free and independent State, may be re- ceived ; that the district in the said petition described, may be ranked among the free and independent States, and that Delegates therefrom may be admitted to seats in Congress,' be dismissed. " Resolved, That Congress, by raising and officering the regiment commanded by Colonel Warner, never meant to give any encouragement to the claim of the people afore- said, to be considered as an independent State ; but that the reasons which induced Congress to form that corps was, that many officers of different States who had served in Canada, and alleged that they would soon raise a regi- ment, but were then unprovided for, might be reinstated in the service of the United States. " Whereas a printed paper addressed to the inhabitants of the district aforesaid, dated Philadelphia, 11th April, 1777, and subscribed ' Thomas Young,' was laid before Congress on the 23rd instant, by the Delegates of New- York, lo which address is prefixed the resolutions of Con- gress of the 15th of May, 1776, in which are contained the following paragraphs : " T have taken the minds of several of the leading mem- bers of the Honourable the Continental Congress, and can assure you that you have nothing to do but to send attested copies of the recommendation to take up government, to every township in your district, and invite all the freehold- ers and inhabitants to meet in their respective townships, and choose members for a General Convention to meet at an early day to choose Delegates for the General Congress and Committee of Safety, and to form a constitution for your State. Your friends here tell me that some are in doubt whether Delegates from your district would be ad- milted into Congress. I tell you lo organize fairly, and make the experiment, and I will ensure you success at the risk of my reputation, as a man of honour or common sense ; indeed, they can by no means refuse you ; you have as good a right to choose how you will be governed, and by whom, as they have.' " Resolved, That the contents of the said paragraphs are derogatory to the honour of Congress, and a gross misre- presentation of the resolution of Congress therein referred to, and tends to deceive and mislead the people to whom they are addressed. " Extract from the journals. " CHARLES THOMSON, Secretary." Another letter from the said Delegates at Congress, dated the eight instant, was also read, and is as follows, vizt : "Philadelphia, 8th July, 1777. " Honourable Gentlemen — " Since our last letter of the 4th instant, the President, at our request, has written to Commissary Trumbull, on the subject of the exchange of the salt ap- propriated to our State, and we hope this formality will give weight to our own solicitations. "We transmit you the secret committee's order in our favour, on Mr. Mumford, their agent for the salt at Ply- mouth, and our transfer to you. A copy of our letter to Commissary Trumbull, we also enclose, from which last you will be pleased to observe, that for the sake of de- spatch, we have requested him to correspond on the sub- ect immediately with yourselves. " Salt continues to be very scarce here and to the south- ward, the coast being closely watched by the enemy's ships. Mr. Lewis writes from Baltimore the 23rd of June, that two small vessels had arrived there with that article from Virginia, purchased by a private trader, who asked for it no less than £5 a bushel. As we cannot at present expect to get it delivered at this place for a less jrice, we must request your directions, whether we shall Droceed to purchase, and what quantity ? " With these despatches we forward a calendar, returned to us by the jailer, of the prisoners sent from our State to Philadelphia, and the time and manner of their discharge. Sutton, whose name you will not observe, never was com- mitted to prison, but left at large, and finally released on lis parol at General Morris's intercession, who, it seems, entertained an opinion of him much too favourable. "Finding that our constitution was published on very mean paper, without any marginal notes of the contents, we thought it would not be disagreeable to our State to have an impression struck off here, and we took the same opportunity to have printed the resolutions of Congress respecting the independent government attempted to be established within our jurisdiciion ; we now forward them to be disposed of as you shall direct. " If our State is likely to be pressed both from the north and the south, which, however rash and desperate, is an en- terprise which the enemy once seriously contemplated, and now seems at least as practicable as the conquest of Penn- sylvania, you will have but little time to apply to domes- tic concerns, however urgent ; and this may possibly induce you lo wish that the publication of the decision of Congress respecting our revolted subjects, may for some time be de- ferred. From these considerations, we shall refrain from communicating a single copy ; but it must be remembered that Mr. Roger Sherman, who is gone lo the eastward, was furnished with one, and there is too much room to appre- hend that he may forward it to his friends in New-Con- necticut. " We have taken the liberty to retain your letter to Congress, of the 17th of June, and the several enclosures. Already have we employed so much of their time on the affairs of our State, that good policy strongly urges us to give them some respite ; and as the subject matter of those despatches though of some moment to our State, requires no immediate decision, we flaller ourselves that you will not be displeased with our reserve. The reasons you as- 1001) JOURNAL OF THE COUNCIL OF SAFETY. sign to show that the defence of Hudson's river ought to be a Continental charge, appears to us to be very cogent ; and they must always have great weight ; and we there- fore make no scruple in recommending that all the expenses be charged to the account of the Continent, comprehending even such as may accrue subsequent to the late resolutions of Congress pointing out a discrimination; for, had the transaction been fully explained, we cannot think those re- solutions would have passed. " We have the honour to be, with great respect, " Honl. gentlemen, " Your most obedient humble servants, "PHIL. LIVINGSTON, " JAS. DUANE, " WM. DUER. " Honourl. Council of Safety for the State of New-York." A copy of the said Delegates' letter to Commissary Trumbull, which is referred to in the letter from the Dele- gates to the Council, was then read, and is as follows, vizt : " Philadelphia, July 2d, 1777. " Sir — The Congress have been pleased in considera- tion of the peculiar situation and distress of our State, to favour us with the grant at the current price of about 2000 bushels of the public salt, which is stored at Plymouth, in the Massachusetts government, and is under the care of Thomas Mumford, Esqr. of Groton, Connecticut. The more effectually to relieve our suffering fellow citizens, they have been pleased to direct you, if it can be done without injuring the public service, to exchange for that salt an equal quantity nearer to the borders of our State. " This we flatter ourselves will be in your power ; and in that case, we beg that you will be so obliging as to for- ward without delay, an order to the Council of Safety of our State, to authorize them to receive the salt ; and in re- turn they will give you an order on Mr. Mumford, to vest in you the property of the salt in his possession. " The President has wrote to you on this subject. We beg to be informed of your resolution. " And are, sir, your most obedt. servants. " To Joseph Trumbull, Junr. Esqr. Commissary-General." Also a calendar of our State prisoners sent to Philadel- phia, which also came enclosed in the said letter from the said Delegates, was read, and is in the words following, to wit : A List of the York Tories lately confined in the State Prison, Philadelphia. When committed. Octr. 18th, 1776, Octr. 18th, 1776, do do do do do do do do do By whom committed. Council of Safety, Council of Safety do do do do do do do do do When discharged. J any. 28th, 1777. Feby. 3d. 1777. May 30th, 1777. Died Novr, 24. Jany. 4th, 1777. By whom discharged. Council of Safety. Council of Safety. Board of war. Death. Genl. Griffin. Names. Constant Nickerson, Benjamin Scott, John Russell, John Winter, Garret Springton, Daniel Taylor. William Peters, Ezekiel Kerkum, James Rubilee, Major Smith, John Turner, Henry Woodins, Benjamin Owens, Joshua Nickeson, Abraham Elston, Seth Nickeson, James Nickeson, Conrad Coon, Henry Dingee Thomas Peters, Daniel Sawyer Charles Ross, Jonathan Purdy Benjamin Slutt, Nathaniel Finch, Abraham Jewell, James Powell, Elihu Bennett, Caleb Spencer, David Hawkins, Another letter from the Honourable James Duane, dated the tenth instant, on the subject of the new in- dependent State of Vermont, was read, and is in the words following, vizt : " Philad. 10th July, 1777. " Honourable Gentlemen — " Since our letter of yesterday, the Connecticut Courant of the 30th of June last has made its appearance in this city. It contains a new and extraordinary declara- tion from a part of our State, which is attempted to be wrested out of our jurisdiction, and which is dubbed the State of Vermont, a name hatched for it in Philadelphia; indeed, it is evident that the plan has been laid here under the direction of Doctor Young, and too probably of some others of more consequence, and that his letters have pushed the people to this last extremity. The more ef- fectually to impose upon the public, they have subjoined a list of their complaints against the late government of New-York, and have not even spared the laic Convention. Such a train of falsehoods and misrepresentations does but little credit to this mock Convention, which will very pro- bably proceed to elect Delegates for Congress, and once more press for their admission. Be this as it may, confi- dent we are that they will meet with the utmost discou- ragement. " One of the printers, who has been requested to publish this production, called upon us with it, and proposed him- self that it should be preceded or followed by the resolu- tions of Congress of the 30th of June. " It is probable we shall consent to it, to prevent any bad impression which it might otherwise occasion ; and for the same reason, we have thoughts of making some observations on the ostensible causes which are assigned in support of the project of a separate government, that the matter may appear in its true light. " We have the honour to be, "With great respect, honl. gent. " Your most obedient huml. servants, "JAMES DUANE. " P. S. Mr. Livingston and Mr. Duer are attending Congress, and Mr. Child going off, which prevents their subscribing this letter." Also, another letter from the said Delegates, dated the ninth instant, informing that Commissary Trumbull cannot JOURNAL OF THE COUNCIL OF SAFETY. 1001 exchange the salt, was read, and is in the words following, vizt : " Philadelphia, 9th July, 1777. " Honourable Gentlemen — " Since we addressed you yesterday, the Presi- dent has received a letter from Commissary Trumbull, de- clining to exchange the salt, as he says the public have been at the expense of removing what he has, nearer to our State from the Massachusetts Bay. This will reduce you to the necessity of sending for the salt which has been granted to us by Congress, to Plymouth, in the Massachu- setts Bay, after obtaining an order from Mr. Mumford of Groton, in Connecticut. " We conceive no time is to be lost ; salt may rise, it may become scarce, and the country through which it passes, averse to its transportation. " We have the honour to be, " With great respect, honourl. gentlemen, " Your most obdt. humb. servts. "PHIL LIVINGSTON, " JAS. DUANE, "WM. DUER. " Honourl. Council of Safety for the Slate of New. York." Ordered, That the said letters from Congress and our Delegates, with the enclosures, be committed to Mr. Jay and Mr. Robt. R. Livingston. Adjourned until to-morrow morning 10 o'clock. DIE JOVIS, 10 ho. a. m. July 17, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Harper, Mr. Cantine Mr. R. R. Livingston, Genl. Scott, Mr. Jay, Major Tappen, Major Van Zandt, Mr. Piatt, Colonel De Witt. A letter from John Avery, deputy secretary, dated Bos- ton, June 28lh, enclosing the resolutions of the House of Representatives of the State of Massachusetts Bay, passed June 27th, 1777, appointing a committee to meet commit- tees from the Stales of New-Hampshire, Rhode-Island, Connecticut and New-York, at the town of Springfield, within the State of Massachusetts Bay, on the thirtieth day of July, to hold a conference respecting the state of the paper currency, &c. &c. was read and filed. [See minutes of 14th.] Ordered, That the consideration thereof be postponed till this afternoon. A letter from Francis Lewis, Esqr. dated at Baltimore, June the twentieth, 1777, together with the accounts rela- tive to the prizes of the armed sloop Montgomerie of this State, by which there appears to be a balance remaining in Mr. Lewis's hands due to the captors, of four thousand nine hundred and seventy-eight pounds four shillings and six pence, and to the State of New-York, of four thou- sand nine hundred and fifty-one pounds three shillings and nine pence, the total amount, nine thousand nine hundred and twenty-nine pounds eight shillings and three pence, was received and read. Ordered, That the said accounts be referred to the Au- ditor-General, and that Mr, Piatt do assist the Auditor- General in forming a complete state of the accounts of the said sloop. Adjourned until 4 o'clock this afternoon. Die Jovis, 4 ho. P. M. July 17, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Colo. De Witt, Mr. Piatt, Major Van Zandt, Genl. Scott, Major Tap- pen, Mr. Jay, Mr. Cantine, Mr. R. R. Livingston. Mr. Piatt, one of the committee appointed to inquire for proper persons as officers for the Continental frigates, 251 informed that Mr. Daniel Shaw (who is recommended by Captain Greenell as a person properly qualified for a first lieutenant) from the best information they have been able to obtain, is qualified for first lieutenant of the Continental frigate Congress, and do request the sense of Council on the subject. Resolved, That Mr. Daniel Shaw be, and he is hereby appointed first lieutenant of the Continental frigate Con- gress, under the command of Captain Thomas Greenel, and that one of the commissions lately transmitted to this Council by the board of war, be filled up with the name of Daniel Sbaw, appointing him first lieutenant, until the further pleasure of the said board be known agreeable to their directions. The committee to whom was referred the letter from William Harper, dated the eighth day of July, a letter from Isaac Patten, dated the fourth day of July instant, and the information of Colonel John Harper and William Johnson, having considered the same, brought in the following re- solutions, which were read and agreed to, and are as fol- lows, to wit : Resolved, That two companies of rangers be raised to serve in the counties of Tryon, Ulster and Albany, for the protection of the frontier inhabitants of the said counties ; that each company consist of one captain, one lieutenant, four sergeants, four corporals, one drum or fife, and ninety- one privates ; that they find their own arms and accoutre- ments and be allowed Continental pay, and that the cap- tains be allowed sixteen shillings, and the lieutenants, four- teen shillings per week in lieu of rations ; that the non- commissioned officers and privates be allowed ten shillings per week in lieu of rations, except when it shall be thought more expedient by the officer commanding the said compa- nies to have the same supplied with rations, in which case no subsistence money shall be allowed but the same shall be applied by the said commanding officer to the purchase of such rations. Resolved, That John Harper be first captain, Alexander Harper, first lieutenant, James Clyde, second captain, and John Campbell, first lieutenant of the second com- pany. Resolved, That the said companies shall continue in pay until the first day of January next, unless sooner dis- charged by the Legislature of this State, and be subject to the command of the Governor, or Commander-in-Chief of this State. Resolved, That when the said companies or either of them shall consist of more than fifty men, that a second lieutenant shall be added to such company. Resolved, That the pay of the said soldiers shall com- mence from the day of their enlistment, and that regular muster rolls be returned monthly by the captains com- manding the said companies, under oath. Resolved, That one thousand dollars be advanced to Colonel Harper, on account of subsistence for the said two companies of rangers ; and that the President issue a war- rant on the Treasurer of this State for the payment of the same. Resolved, That Colonel Harper proceed to recruit as fast as possible ; and as soon as twenty-five men are en- listed, that he station them to the best advantage for the protection of the inhabitants of said counties, under the command of Lieutenant Harper, and so on, from time to time, as fast as a sufficient number of recruits are collected that Colonel Harper station them, under a proper officer ; and in case our domestic enemy, or the Indians, should make any depredations on any of the inhabitants, that Co- lonel Harper give orders to repel force by force. Resolved, That Colonel Harper be cautious of making anv attack upon the savages, or pursuing any measure that may bring on an Indian war, unless absolutely necessary for the defence of the inhabitants, and rendered unavoida- ble by previous hostilities committed on their part. Resolved, That a letter be written to Major-General 1002 JOURNAL OF THE COUNCIL OF SAFETY. Schuyler enclosing copies of the information received by Colonel Harper and William Johnston, and of the aforego- ing resolutions. A draft of a letter to Major-General Schuyler, on the subject of the above resolutions was then read and ap- proved of, and is in the words following, to wit : " Sir — I am directed to enclose you the information given to the Council of Safety, by Mr. John Harper and William Johnston, by which you will learn the exposed situation of the inhabitants on the western frontiers, and see the necessity of granting them such aid as you conceive can safely be afforded ; and at the same time, of obliging our savage neighbours to a more strict observance of their neutrality, or of bringing them to an open rupture, in which case many might doubtless be induced to join us, and the whole would be less formidable when we were prepared for their attacks. " General Herkimer's cautious conduct has increased their insolence, and induced them to give law to him. As the militia of Tryon county are, by a resolution of the late Convention, subject to your command, the Council request you to give them such orders as will in your opinion tend most to the security of the western frontiers. If the sava- ges could be induced to give up Brandt, and to permit a small garrison to be stationed at Oneoghquago it would be a great check, as well to the unfriendly Indians as to the tones among ourselves, and prevent the communication that they keep up with the enemy by means of a road which passes through that way, and which they have lately marched over into the settled parts of this county. " I am, sir, with respect, " Your most obedt. servt. " Major-General Schuyler." Ordered, That a copy thereof be engrossed, signed by the President, and transmitted. Whereas Major John Wheelock hath represented to this Board, that the late Convention of this State did on the eighth day of April last, appoint him to raise three companies of men in the northeastern parts of the same, the officers of which companies were not to be entitled to commissions, until at least one hundred and fifty men should be enlisted ; notwithstanding his utmost exertions, and the prolongation of the time limited for the raising the said men, he hath been able to enlist only about eighty men, and that there is no probability of enlisting any more by reason of the open defection of that part of the State, and other incidents then unforeseen ; for which reasons he hath requested this Board to determine either to confirm or disband jhe said corps : And whereas it appears to this Council both reasonable and expedient that the men so raised should be taken into the service of this State, on the terms of their enlistment, provided that supernumerary officers concerned therein will relinquish their expectations of commissions: Resolved, That if any six of the twelve commissioned officers named by Major Wheelock for the said three com- panies shall voluntarily discharge themselves from the said corps, that then Major Wheelock do forthwith march all the men so as aforesaid by him enlisted, with the residue of the officers, to this place. That on their arrival here their respective commissions be delivered to them and the corps stand confirmed. Resolved, That such of the supernumerary officers to be discharged, as aforesaid as shall at any time within nine months from the date hereof, procure and produce to Major Wheelock, or the commanding officer of the said corps, so many men to enlist in either of the said companies as to render such additional officer or officers necessary to the said company, shall be received and commissioned accord- ingly, but shall draw pay only from the time of such junc- tion ; it being the intention of this Council to give counte- nance and encouragement to all such as shall exert them- selves in the service of the State ; provided, nevertheless, that no number of men less than fifteen shall entitle a subaltern to a commission, nor a less number than twenty men shall entitle a captain to a commission. Resolved, That unless the above resolutions be com- plied with in four weeks from the date hereof, the said corps be disbanded, and that Major Wheelock do repair hither to settle his accounts. Resolved, That on the arrival of Major Wheelock with the eighty men and six commissioned officers aforesaid at Kingston, Captain Wait's company of rangers, who are also ordered to repair to this place, be put under his com- mand. The committee to whom was referred the several letters and other papers relative to the disorders in the eastern district of this State, in setting up an independent govern- ment, delivered in their report. The same being read and considered by paragraphs, was agreed to. DIE VENERIS, 10 ho. a. m. July 18, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, £sqr. President. Mr Jay, Mr. Piatt, Major Tappen, Colo. De Witt, Mr. Robt. R. Li- vingston, Mr. Cantine, Major Van Zandt, Mr. Harper. Ordered, That Colonel Lasher, or his deputy, deliver to Colonel John Harper one hundred weight of gunpowder and three hundred weight of lead, for the use of the ran- gers ordered to be raised under his command. Ordered, That Benjamin Daiby be permitted to go home on parol to fetch his shoemaker's tools, and that he return to this place in six days. Ordered, That James Quigley, on taking the oath of allegiance agreeably to his request, be discharged. Ordered, That Mr. Sheriff Dumont do cause to be con- veyed to the nearest jail in the Slate of Connecticut, David Ives and Jesse Noble, subjects of the said State, and that he transmit with them certified copies of the crimes where- with they stand charged, and that he bring in his account of expenses attending the same. Ordered, That the said sheriff cause to be removed from the jail in Kingston to the jail in Orange county, Claudius Smith and John Brown, charged with stealing oxen belong- ing to the Continent. Ordered, That Captain Frederick Schoonmaker do at- tend the Council without delay. The Council proceeded to take into consideration the resolutions of the House of Representatives of Massachu- setts Bay, of the twenty-seventh of June, appointing a committee to meet committees from the States of New- Hampshire, Rhode-Island, Connecticut and New-York, on the thirtieth day of July, at the town of Springfield, in the county of Hampshire, in the State of Massachusetts Bay, in case the said States think fit to appoint such committees to hold a conference respecting the slate of the paper cur- rency of the said States and on the other matters therein mentioned. The same was again read ; and thereupon, Resolved, That this Council will appoint and send a committee to meet and confer with the committees of the said States at the time and place appointed by the said re- solutions. Mr. Jay, to whom was referred the letter from Jer. Powell, President of the Council of the Massachusetts Bay, on the subject of the said resolves, reported a draft of a letter in answer thereto, which was read and approved, and is as follows, to wit : " Sir — Your letter of the second July instant, together with the resolutions referred to therein, arrived yesterday, have been laid before the Council of Safety. " The Council have appointed a committee to meet those I from the four New-England States at the time and place JOURNAL OF THE COUNCIL OF SAFETY. 1003 appointed, and are of opinion that the proposed conference may be productive of a system of regulations which will answer the important purposes intended by it. " I am directed to assure you, sir, that nothing on the part of this State shall at any time be wanting to cultivate and confirm that harmony and mutual confidence which they wish to maintain with the other United States, and which is so essential to their common security and pros- perity. " I am sir, your most obt. and humble servt. " Honble. Jer. Powell, President of the Council of the State of Massachusetts Bay." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. The committee to whom was referred the letters from our Delegates in Congress of the second and ninth instant, and from James Duane, Esqr. of the ninth and the tenth instant, and a letter from John Hancock, Esqr. of the eighth instant, with their several enclosures, delivered in their re- port, which was read ; and the same being considered by paragraphs, was agreed to, and is as follows, to wit : " The committee to whom were referred the letters from the New-York Delegates in General Congress of the 2nd July and 9th July instant ; two letters from James Duane, Esqr. of the 9th and 10th July instant ; one letter from the President of the Congress of the eighth of July instant, with their several enclosures, vizt : " 1st. A resolution of Congress of the seventh July in- stant, containing a requisition of a loan of fifteen hundred blankets. " 2d. Certain resolutions of Congress of the 30th June, respecting the revolted subjects of this State. " 3. A list of the New-York tories lately confined in the State prison at Philadelphia. " 4. A copy of a letter from the New-York Delegates to the Commissary-General, of the 2d July instant, on the subject of exchanging the salt obtained from Congress. " 5. An order from the secret committee of Congress of the twentieth of June last, on Thomas Mumford, in favour of the New-York Delegates for the said salt. " 6. An order from the New-York Delegates to Thomas Mumford of the 8lh of July instant, to deliver the said salt to the Governor or Council of Safety of this State. " 7. A certified copy of the resolutions of Congress, re- specting the said salt. " Have taken the same into consideration, and thereupon beg leave to make the following report : "Resolved, That this State will continue to exert itself to the utmost in supporting the present necessary war against the King of Great Britain, and will contribute all the aid in their power to the common cause of America; but that the present circumstances of the inhabitants of this State are such as to deprive them of the satisfaction it would give them to make the loan of blankets required by Congress : And the better to explain this, the Council beg leave to mention the following facts : "This State having been long excluded from the sea, have not been able to import that necessary article. " Nassau island, and the other parts of this State, where very considerable quantities of sheep were raised, being in the power of the enemy ; and the inhabitants being often drawn into the field, and harrassed by continual alarms, they have been prevented from deriving their usual supplies from their own manufactures. " A great number of unfortunate inhabitants of the southern parts of this State, having been driven from their habitations by the enemy, and plundered by both armies, have laid the other parts of the States under heavy, though voluntary, contributions for their clothing and support. " The late Convention of this State prompted by the most ardent zeal for the American cause, and desirous of supplying clothing to the troops directed to be raised in this State, as well in the year 1776, as since, did cause all the blankets and stockings which could be spared from the necessary use of the inhabitants, to be collected, and in pursuance of those resolutions a very considerable number were taken from private families so late as last winter. " That from these causes as well as from the probability of this Stale remaining the seat of war, and continuing ex- cluded from an opportunity of gaining supplies either from foreign countries or the neighbouring Stales, there is the highest reason to fear that the people of this State will be greatly distressed by the rigours of the approaching winter. " Your committee beg leave to observe that the resolu- tions of Congress respecting the revolted subjects of this State properly falls under the notice of the committee to whom the papers transmitted by Colonel Patterson, were referred ; and therefore they forbear reporting any thing on that subject. " Ordered, That the list of the New-York tories, lately confined in the State prison at Philadelphia, be filed with the Secretary. Resolved, That the order of the secret committee of Congress, of the twentieth day of June last, on Thomas Mumford, in favour of the New-York Delegates, and their order on him in favour of the Council of Safety of this Stale for a cargo of about two thousand bushels of salt imported by Congress into Plymouth, in the Massa- chusetts Bay ; and by their resolution of the 14th of June last, directed to be sold to this State, be transmitted to- gether with a certified copy of the said resolutions to Abram. P. Lott, Esquire, by express ; and that he be au- thorized and directed to receive the said salt from the said Thomas Mumford, to whom a receipt for the same from the said Abraham P. Lott, shall be a sufficient discharge. " Add further, that the said Abraham P. Lott, cause the said salt to be transported to Hartford, in the State of Con- necticut, and there to be stored and secured till the further order of this Council or the Governor of this State. " Your committee beg leave further to report, that in their opinion a certified copy of the aforegoing resolutions respecting the requisition of blankets ought to be transmit- ted to the President of the General Congress ; and that the following letter be written to him on that subject, vizt : " By order of the Council of Safety of this State, I have the honour of transmitting to you the enclosed resolutions, which they hope will meet with the approbation of Con- gress. " The Council greatly regret the inability of this State to furnish the blankets required of them, and the more so, as your Honourable House, have in divers instances given such ample proofs of their attention to the interest and happiness of this State. " I am directed, sir, to assure you in the strongest terms, that the Council will most cheerfully embrace every op- portunity of contributing to the support of the American cause, and of evincing the sense they entertain of the jus- tice and benevolence of the General Congress. " I have the honour to be, sir, " With esteem and respect, " Your most obed. and humble servt. " To the Honbl. John Hancock. " Your committee further beg leave to report the follow- ing answer to the several letters from the Delegates of this State, vizt : " Gentlemen — Your letters of the second and ninth of July instant, and those from Mr. Duane, of the ninth and tenth of July instant, with the papers enclosed, and refer- red to in them, have arrived and been laid before the Council. " The Council are pleased with the resolutions of Con- gress respecting the revolt of the eastern district, and com- mend the attention you have paid to that and other inte- resting subjects. " The reasons assigned by you have induced them to send printed copies of those resolutions to that district, and have ordered them to be properly published and dis- tributed. 1004 JOURNAL OF THE COUNCIL OF SAFETY. " You will be pleased to communicate to Congress the en- closed vote of thanks for their resolutions on this head, and make such use of the enclosed papers respecting the vio- lent and treasonable practices of those infatuated people, as you may think proper. " The Council are well satisfied with your having de- tained their letter of the seventeenth June last, and ap- prove of your directing another edition of the constitution to be published with marginal notes. " The Council have directed the salt at Plymouth to be sent for, and are much obliged to the President for his friendly offers in endeavouring to procure an exchange with the Commissary for an equal quantity nearer to this State ; of this be pleased to inform him. " A manufactory of sulphur and salt in Tryon county is begun, and the Council would expect much from it, did not the late insolence of the savages threaten that country with an Indian war. Flint is found in very great abun- dance, but only one man has as yet been found who knows any thing of the business. What progress he has made the Council are not yet informed. If you can find any persons acquainted with that branch of business, the Coun- cil will be much obliged to you if you will employ and send them forward. " It is with pleasure I acquaint you that the spirit of disaffection among us is nearly subdued. The militia march when called upon, and order and government pre- vail throughout the State, except in the eastern district. What influence the further inroads of the enemy may have on our new made whigs, is uncertain. The evacua- tion of Ticonderoga, which they are assured was done without the advice or knowledge of General Schuyler, oc- casions much speculation, and it is hoped that a strict in- quiry will be made into the reasons of that very extraor- dinary measure. " I am, with due respect, " Gentlemen, your most obt. humb. serv. " To the New- York Delegates in Congress." Ordered, That the said letters be engrossed, signed by the President, and transmitted. Ordered, That Mr. John Henry, commissary, &c. sup- ply James Robinson, an indigent prisoner of war, with two shirts and one pair of trowsers, and that he deliver an account of the expenses thereof to the commissary of pri- soners of war. A petition of sundry respectable inhabitants of Marble- town, friends to the American cause, praying that Wil- liam McGinnes who was tried by a general court martial at Fort Montgomerie, for treasonable practices against the State, and sentenced to suffer death, may be pardoned and discharged, was read and filed. Ordered, That the President do in the name and by the authority of this Council issue a pardon to the said Wil- liam McGinnes, of the crimes and punishments where- with and whereto he stands charged and sentenced as aforesaid. The Council adjourned until to-morrow morning ten o'clock. DIE SABBATI, 10 ho. a. m. July 19, 1777. The Council met pursuant to adjournment. Prayers as usual. Present— Pierre Van Cortlandt, Esqr. President. Major Tappen, Colo. De Witt, Mr. Jay, Mr. R. R. Livingston, Major Van Zandt, Mr. Piatt, Mr. Harper, Genl. Scott. Ordered, That Nicholas Koons, of the manor of Li- vingston, confined for disaffection in the jail of this place be bound in bond to appear whenever called, to give evi- dence against Nicholas Croat, and discharged. A letter from the committee of Albany, dated the 16lh instant, informing that the said committee have resolved that Walter Carpenter, (sent from thence to the Fleet pri- son.) on taking the oath of allegiance, be discharged, was read and filed. Mr. Robert R. Livingston reported a draft of a letter to Messrs. Yates and Morris, which was read and approved of, and is as follows, to wit : " Sir — I am directed to inform you that we have re- ceived your letters of the sixteenth of July, and are ex- tremely sorry to find that the army have received so few reinforcements, and hardly know upon what principal to account for it, as they are informed that from some parts of the county of Albany, near half of the militia have marched : had this been general the whole county would have afforded at least four thousand men. " They have been informed of the apprehensions of the people of Tryon county; have written to General Schuyler upon the subject, and ordered a small body of rangers to be raised for its security. " The Council are very much surprised at your not writing a more particular account of a transaction in which this State are so much interested, as the retreat from Ticonderoga, and request that in your next you would inform them of the manner of the retreat ; the number of the men that came off; whether any or how many were taken ; whether the sick came away ; whether the troops brought off their arms, and any part of their bag- gage or stores ; whether they were pursued in their re- treat ; whether they met with any loss in such pursuit ; what skirmishes we have had with the enemy, and the loss on either side in such skirmishes ; whether the mi- litia of the neighbouring States are called for, and what prospect there is of obtaining them ; what intelligence you have of the number of the enemy and their designs ; what advanced posts we have in order to annoy the enemy in their way down ; what part the Canadians and Indians have or will probably take in this controversy ; what reasons you have to believe any inroads will be made in Tryon county ; and, in short, every thing else which may give light to this Council, or satisfy the inquiries of the people, who are lead from our silence to draw the most melancholy conclusions. " The Council are sorry to be under the disagreeable necessity of pointing out to you the particular subjects upon which they wish you to write, as they flatter themselves that you would not have omitted what was one of the most important objects of your journey. " I am, gentlemen, " Your most obedt. humble servants. " To Abm Yates, Junr. and Govr. Morris, Esqr. at Fort-Edward." Ordered, That the same be engrossed, signed by the President, and transmitted ; and that copies of the resolu- tions for raising two companies of rangers in Tryon county, and of the letter to General Schuyler on the subject, be transmitted to the committee of Albany. Adjourned until this afternoon 4 o'clock. Die Sabbati, 4 ho. P. M. July 19, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Jay, Mr. Piatt, Mr. R. R. Livingston, Colo. De Wilt, Major Van Zandt, Major Tappen, Mr. Harper, Genl. Scott. A letter from the committee of Schoharie, dated the seventeenth instant, (brought by Mr. Wills,) setting forth the apprehensions of the people in that quarter of an attack from the Indians and requesting some relief. The same being read was immediately taken into consi- deration. After some lime spent therein, the subject matter thereof was committed to Mr. Jay, Mr. Plait and Mr. R. R. Livingston. Captain Frederick Schoonmaker, attending, according to JOURNAL OF THE COUNCIL OF SAFETY. 1005 order, and being asked how many men he had enlisted in his company, answered, that he had enlisted twenty-three men for two months before he was made acquainted with the resolutions : directed them to be raised to serve till the first day of December, and therefore does not know whether the said men will consent to serve so long, or whether he can enlist many for that term. Resolved, That Captain Frederick Schoonmaker do en- list a company of men which were directed to be raised by the resolution of the sixteenth instant to serve until the first day of December next, to serve until the first day of October next, unless sooner disbanded, and that he doth cause all such as he hath enlisted, to parade at the court- house, in Kingston, on Tuesday next, to relieve those of the militia who are guarding prisoners confined in the jail and Fleet prison. Adjourned until Monday morning 10 o'clock. DIE LUNtE, 10 ho. a. m. July 21, 1777. The Council met pursuant to adjournment. Prayers as usual. Present— Pierre Van Cortlandt, Esqr. President. Mr. R. R. Livingston, Mr. Tappen, Mr. Cantine, Major Van Zandt, Mr. Piatt, Colo De Witt, Mr. Jay, Mr. Harper, Genl. Scott. Mr. Robert R. Livingston informed the Council of Safety that Captain Monlgomery, a relation of the late General Montgomery, is now at his house a prisoner, wounded in his leg, and that Doctor Sealee, his surgeon, who is also a prisoner, is there with him ; that they are sent to the care of the committee of Kingston ; that the surgeon alleges that it would be very improper to remove Capt. Montgo- mery farther, in the present state of his wound. That a letter from Jacob Cuyler, by order of General Schuyler, to the chairman of the committee of Kingston, is sent to John Sleght, Esqr. the chairman ; Mr. Sleght the chairman, attended with the letter, which was read. The Council advise the chairman that he write a letter to Lieutenant Welsh, the officer who has the charge of the prisoners, desiring him to take their parol to remain at Mr. Livingston's house and within a quarter of a mile of it until further order ; and that in the mean time they do nothing inimical to the country. Resolved and Ordered, That Cadwallader Colden, Es- quire, have leave to go to his family, and return to the Fleet prison at Roundout Kill, in custody of Henry I. Sleght, at Mr. Colden's expense; that Mr. Sleght have the custody of the said Mr. Colden during his visit to his family and return, and take care that he return and surrender himself to the Fleet prison within five days from the time of his departure. Mr. R. R. Livingston informed the Council that he has received from General Washington a letter to the brigadier- generals of the western parts of the Massachusetts Bay and the New-Hampshire militia, recommending to them to march with one-third of their militia to rendezvous at Sa- ratoga, unless otherwise directed by General Schuyler or General Arnold, to be under the immediate command of General Arnold ; that it is necessary to be forwarded by express, agreeable to General Washington's request. Ordered, That the said letter be sealed, and forwarded by express. A copy of a letter from Major-General Schuyler to Ge- neral Washington, enclosing copies of proclamations by General Burgoyne and General Schuyler, was read, and is as follows : "Fort Edward, July 17, 1777. " Dear Sir — Your Excellency's favours of the 12th and 13th instant I had the honour to receive yesterday. It is very true that we have a great plenty of horses in this part of the country, but as they are always drove two abreast, and never with such collars as are generally used in the 252 artillery, I feared that it would be difficult to get them to draw, and have found it so much so with the two pieces which General Nixon has with him, that I have ordered the carriages which are now making for the cannon I have here, to be constructed so as to be drawn with horses abreast of each other. " Major Stevens is safe, but so ill, at Albany that I fear he will be of little service to the campaign. " We have chosen two very advantageous spots of ground about four miles below this, where the troops that come from Ticonderoga, and part of the militia, have begun to make some works, but I do not propose to move down with what troops I have here until I can procure more axes and entrenching tools which are collecting in the country. "The deputy Adjutant-General has not as yet been able to procure a return of the troops, but expects he will be able to deliver it to me by to-morrow. "Part of the enemy's force is at Skeensborough, a body of between one and two thousand at Castle Town, and another returned to Ticonderoga in order to come by that route across Lake George. They have an advanced post at a block house near Fort Ann, and their Indian scouts are continually lurking about our advanced posts. " The day before yesterday they made prisoners of two wagons, near Fort George. " We have brought away every thing we had at Fort George, and yesterday Colo. Van Dyck, agreeable to his orders, quitted the post, after seeing every part of it in flames ; strengthened with that garrison, and if the militia who are here, or an equal number can be prevailed on to stay, and the enemy give me a few days more, which I think they will be obliged to do, I shall not be apprehensive that they will be able to force the posts I am about to oc- cupy. " So much toryism prevails among the people, on what are commonly called the New-Hampshire Grants, and amongst those that reside in the townships bordering on them, that I should not be much surprized if General Bur- goyne should attempt to march as far as Bennington, in or- der to procure cattle and carriages, for I cannot as yet learn that many have been brought away, although I gave the necessary orders immediately on being informed of the re- treat from Ticonderoga. " I have had part of Wood creek filled with trees, and the roads between this and Fort Ann broken up and ren- dered impassable, unless much labour is bestowed on them. " The cattle beyond this are all brought and bringing away, and I shall not leave any forage for the enemy's cat- tle to subsist on. " I enclose your Excellency a copy of a publication of General Burgoyne's, with a copy of one of mine. I have ordered every person that has taken or may lake a protec- tion from the enemy, and that can be taken, to be secured and sent to jail. " Part of the militia from Massachusetts, and all those from New-Hampshire, I have ordered to join Colo. War- ner, who is at Manchester, and who has my orders to ad- vance as near to the enemy as he can with the small forces he has, the better to bring off the cattle and carriages near them. " I am, dear sir, with great respect, "Your Excellency's most obedient humble servant, PH. SCHUYLER. " His Excellency Genl. Washington, &c. &c." " Copy of General Burgoyne's proclamation." " By Lieutenant-General John Burgoyne, commanding an army and fleet of Great Britain, against the revolted Pro- vinces of America. " To the inhabitants of Castleton, of Hubberton, Rut- land, Tinmonth, Pawlet, Wells, Granville, with the neigh- bouring districts ; also the districts bordering on White creek, Cambden, Cambridge, &c. &c. &c. 1006 JOURNAL OF THE COUNCIL OF SAFETY. " You arc hereby directed to send from your several townships, deputations, consisting of ten persons or more from each township, to meet Colonel Skeene, at Caslleton, on Wednesday, July 15th, at ten in the morning, who will have instructions not only to give further encouragement to those who complied with the terms of my late manifesto, but also to communicate conditions upon which the per- sons and properties of the disobedient may yet be spared. " This fail not to obey, under pain of military execution. " Head-Quarters at Skeensborough House, Jul}' 10th, 1777. "J. BURGOYNE. " By order of His Excellency the Lieutenant-General. " Rt. Kingston, Secretary." A copy of General Schuyler 's proclamation. " By Philip Schuyler, Esquire, Major-General in the army of the United States of America, and Commander-in- Chief of the Northern Department. " To the inhabitants of Castle Town, of Hubberlon, Rut- land, Tinmouth, Pawlel, Wells, Gransville, with the neigh- bouring districts ; also the districts bordering on White creek, Cambden, Cambridge, &c. &c. " Whereas Lieutenant-General John Burgoyne, com- manding an army of the Biitish troops, did, by a written paper, by him subscribed, bearing date at Skeensborough House, on the 10th day of July, instant, require you to send from your several townships, deputations, consisting of ten persons or more from each township, to meet Colo- nel Skeen at Caslleton, on Wednesday, July 15th, at ten in the morning, for sundry purposes in said paper men- tioned, and that you are not to fail in paying obedience thereto, under pain of military execution. " Whatever, my countrymen, may be the ostensible reasons for such meeting, it is evidently intended by the enemy then to prevail on you by threats and promises, to forsake the cause of your country, to assist them in forcing slavery on the United States of America, and under the specious pretext of affording you protection, to bring on you that misery which their promises of protection drew on such of the deluded inhabitants of New-Jersey, who were weak enough to confide in them, but who soon expe- rienced their fallacy by being treated indiscriminately with those virtuous citizens who came forth in defence of their country, with the most wanton barbarity, and such as hitherto hath not even disgraced barbarians. " They cruelly butchered, without distinction to age or sex, ravished children, from ten, to women of eighty years of age ; they burnt, pillaged and destroyed whatever came into their power ; nor did their edifices, dedicated to the worship of Almighty God, escape their sacrilegious fury. Such were the deeds, such they were incontestibly proved to be, which have marked the British arms with the most indelible stains. " But they having, by the blessings of Divine Provi- dence on our arms, been obliged totally to abandon that State: they left those that were weak or wicked enough to take protection under them, to bemoan their credulity, and to cast themselves on the mercy of their injured country- men. Such will be your fate, if you lend a willing ear to their promises, which, I trust, none of you will do. " But lest any of you should so far forget the duty yon owe to your country, as to join with, or in any manner or way assist, or give comfort or hold correspondence with, or take protections from the enemy, be it known to each and every of you, the inhabitants of said townships, or any other the inhabitants of the United States, that you will be considered and dealt with as traitors to said Stales, and that the laws thereof will be put in execution against every erson so offending with the utmost rigour ; and I do here- y striclly enjoin and command all officers, civil and mili- tary, to apprehend all such offenders. And I do further strictly enjoin and command such of the militia of said townships as have not yet marched, to do so without delay, to join the army under my command, or some detachment thereof. " Given under my hand, at Head-Quarters, Fort Ed- ward, July 13th, 1777. " PH. SCHUYLER. " By the General's command, " Henry B. Livingston, A. D. C." A letter from John Kortze, Junr. and Barent Weger, on behalf of Andrew Young, was read and filed. They thereby inform that Andrew Young, now a priso- ner in the south room of Kingston jail, is ill of ardent fe- ver and distemper in his throat. Ordered, That Doctor Luke Kiersted visit the said An- drew Young, and if he shall think it necessary to have the said Andrew Young removed, that the sheriff procure lodgings for the said Andrew Young, and a physician to attend him. Genl. Scott appeared and took his seat. A letter from William Seaber, chairman of the commit- tee of Tryon county, dated July the eighteenth, was read, and is as follows, to wit : " Tryon County Committee Chamber, July 18th, 1777. "Honourable Gentlemen — The deplorable situation of our county moveth us to represent the circumstances thereof to your Honourable Board. " Our county is, at the several frontier places, threaten- ed with invasions of British troops, tories and savages. It is a certain truth, as the enclosure will convince you clear- ly, that the enemy is in Oswego ; and after a council of Colo. Buller with the Five Nations, he will march towards Fort Schuyler directly, with the intent to pursue to Albany. " It is also certain truth, that the settlements on the Sus- quehannah river to the Lake Otsego, are already in the power of Joseph Brandt and his Indian party. " The loss of Ticonderoga is a hard stroke to our inha- bitants in general, and causelh the number of our disaf- fected greatly to increase. In such a situation are our frontiers, and what is most deplorable, no succour of Con- tinental troops appears for defence and protection. " This board, as well as General Nicholas Herkeimer, several times acquainted General Schuyler of our dange- rous circumstances, and prayed for assistance of some Continental troops, but received no promise of any, or any other encouragement than that we should animate the spi- rits of the militia to step forth in defence of their coun- try. We endeavour to encourage our militia with what lies in our power, but they are so far discouraged by the scandalous loss of that important fort, Ticonderoga, and by seeing themselves left helpless in this real time of need, that wilh surprise we must see the most affected de- cline in courage, and the weak hearted (which by this time being the greatest number) are fully resolved, and de- clare openly, upon actual invasion of the enemy, to render themselves up to their protection, if the county be not in time succoured with troops. " We may assure you that we fear the loss of our county will be the next news, if not assisted by sufficient force to repulse the enemy. " Fort Schuyler's fortifications ate not yet finished, and the garrison consists but of about 300 able men. General Schuyler ordered 200 men of our militia for a reinforce- ment, but with all trouble possible, and repeated orders, no more but about 80 men could be brought there. " There is not much more regard for orders or fines ; but we must really fear, that in a short time, for sake of such a neglect of our frontiers, more than the half of our inhabitants are resolved not to lift up arms in defence of this county. " We are surprised, and it is above our horizon to know the reason of General Schuyler why this valuable county is not to be succoured with at least 2,000 men. We think that you are convinced that we have reason to com- plain and to implore your Honourable Board for help, if this i: JOURNAL OF THE COUNCIL OF SAFETY. 1007 county and the poor, true hearted inhabitants, who would sacrifice their lives willingly, shall be saved. " Wc humbly, therefore, beg your mature contemplation of our present circumstances, and that you will please to assist before it is too late, if it lies in your power. We recommend this serious matter into your particular favour, and imagine this will be our last application for the safety of our frontiers. " Remaining always, in humble respect, " Honourable gentlemen, " Your obdet. humble servants, " By order of the committee, " WILLIAM SEEBER, Chairman. " The Honourable Committee of Safety at Kingston. " P. S. The express, bearer of this letter, Mr. Frede- rick Helmer, is a member of this board, and he is em- powered by us to give you more circumstantial informa- tion, if you think worthy to inquire further." The information of Frederick Helmer, dated the seven- teenth instant, and appearing to be taken before the said committee, was also received and read, and it is in the words following, viz : " In Committee Chamber, ? " Tryon county, July l~th, 1777. ^ " Mr. Frederick Hellmer, of German Flatts district, a member of this board, who, upon different alarming news of a soon invasion of our enemies into our frontier, went to our friendly Indians (the Oneidas) for information of the certainty thereof. " The said Hellmer conversed with an Oneida sachem, named Thomas, a well affected friend to our cause, on the 15th instant, and brings before this Board the following report : " Sachem Thomas relates, that when he arrived in the Indian castle Cassasseny, near Cachanawago, in Canada, he" was well received by his friends there; but they di- rectly told him that Colo. Clauss and Sir John Johnson were in the castle, and shall make a speech to the Indians, and they therefore think proper that he with his compani- ons should keep themselves secret, and on the council day (which being soon) should hide themselves in the council house, up stairs ; and according to this good ad- vice he did so, and got in such a manner the good luck to hear the whole speech of Colo. Clauss, whereof the main points are as follows : " Colo. Clauss invited strongly, under many promises, the Indians to join him in his expedition to Fort Schuyler and against Tryon county, mentioning the number of his while men, and saying that he has sent already a number of Indians with the army to Ticonderoga, and he is sure that Ticonderoga will be rendered to them. Colo. Clauss repeated again this, ' Ticonderoga is mine, this is true, you may depend on, and not one gunshot shall be fired for it ; the same is with Fort Schuyler, I am sure,' said he further, ' for when I come towards that fort, and the com- manding officer there shall see me, he shall also not fire one shot, and render the fort to me.' " Thomas, the sachem, after relating of what he heard in Colo. Clauss' speech as aforementioned, said to Frede- rick Hellmer and his companions, ' Now, brothers, this which I related to you is the real truth ; and I tell you fur- ther notice, that Sir John Johnson, with his family, and Colo. Clauss, with his family, are now in Oswego, with about 700 Indians, and their number of white men are 400 regulars, and about 600 tories, lying yet on an island on this side of Swegatshy. " Therefore, brothers, now is your time to wake, and not to sleep longer, or on the contrary it shall go with Fort Schuyler as it went already with Ticonderoga. Colo. Butler is, as I heard, to arrive yesterday, being the 14th instant, from Niagara, at Oswego, with his party, not knowing how strong in number, and shall immediately keep a council there, with the Five Nations, (which are already called,) and offer the hatchet to them, to strike the Americans, and join him. " Brothers, I therefore desire you to be spirited, and to encourage one another to march on in assistance of Fort Schuyler. Come up and show yourselves as men to de- fend and save your country, before it is too late. De- spatch yourselves to clear the brushes about the fort, and send a party to cut trees in the Wood creek, to stop up the same. " Brothers, if you don't come soon without delay to as- sist this place, we cannot stay much longer on your side j for if you leave this fort without succour, and the enemy should get possession thereof, we shall suffer like you in your settlements, and shall be destroyed with you. We are surprized that your enemies have engaged the Indians, and endeavour daily yet to strike and fight against you, and General Schuyler always refused that we shall take up arms in the country's behalf. " Brothers, I can assure you that as soon as Butler's speech at Oswego shall be over, they intend to march down the country immediately to Albany. You may judge your- selves, if you don't try to resist, we will be obliged to join them, or fly from the castles, as we cannot hinder them alone. We, the good friends of the country, are of opinion that if more force appears at Fort Schuyler, the enemy will not move from Oswego to invade these frontiers. You may depend on it, we are heartily willing to help you, if you will do some efforts too. "FREDERICK HELLMER." Ordered, That the said letter and information from Trvon county, be committed to Mr. Robert R. Livingston, Mr. Piatt and Mr. Jay. On motion of Mr. Jay, the following resolutions were agreed to, vizt : Whereas the late Convention of the State of New- York, by their ordinance of the eight day of May last, did consti- tute this Council with full powers to provide for the safety and preservation of the State, until a meeting of the Legis- lature ; and did, by the said ordinance, further ordain that the execulive powers of the State should be vested in the Governor as soon as he should be chosen, and admitted into office ; and that previous to such admission, such Go- vernor should appear before the said Council, and take the oaths in and by the said ordinance prescribed : Ani> whereas Brigadier-General George Clinton hath been elected to the office of Governor of this State, and having been duly notified thereof, by this Council, hath accepted of the said office : And whereas this Council do not think themselves justified in holding and exercising any powers vested in them longer than is absolutely necessary ; and it. being evidently the intention of the late Convention, that the execulive powers of the State should be surrendered to the Governor, as soon as he should be chosen, and ad- mitted into office, Resolved, That Brigadier-General George Clinton be, and he hereby is, most earnestly requested to appear before this Council, to take the oath aforesaid, and enter upon the discharge of the important duties of his said office, of Go- vernor of this State. Ordered, That a certified copy of the said resolution be transmilted in a letter from the President to Brigadier- General George Clinton. Mr. Jay informed the Council that the committee of Newburgh have sent under guard to Fort Montgomerie, Benjamin Derby and Elnathan Foster, who were separate- ly permitted by this Council to go to their families and re- turn in a few days. Ordered, That the Secretary take the examination of the wife of the said Benjamin Derby, now attending for that purpose, and bring the same before this Council. A letter from Gouverneur Morris, Esqr. dated Saraghto- ga, on the seventeenth instant, was read. 100S JOURNAL OF THE COUNCIL OF SAFETY. " Albany Committee Chamber, ? " 19th July, 1777. J ii Hon. Sir — The bearers, Messrs. James Caldwell and John Maley, inhabitants of this city, and persons well at- tached to our cause, have represented to us that they have lately purchased a quantity of tea at Philadelphia at a very hi "Exeter, Augt. 5^,1777.^ " Sir — I had the honour of receiving yours of the 27th ulto. this day, by express, and agree with you, that the loss of Ticonderoga, in the manner it was left, has occa- sioned great difficulty and perplexity in our affairs ; it has occasioned the loss of all confidence, among the people in these parts, in the general officers of that department. " About ten days past, orders went out for one-quarter part of the militia of twelve regiments in this State, (the whole consisting of 18 regiments only) under the command of Brigadier-General Stark, to march into your State and join Colo. Warner in protecting the people there, oppose the progress of the enemy and act as occasion may re- quire. " I was informed this day, by a letter from General Stark, that he had sent off from No. 4, 700 men to join Colo. Warner at Manchester, and that he should follow them the next day (which was last Sunday) with 300 more; and had ordered the remainder to follow him as fast as they came in to No. 4. His whole brigade will be to- gether in a very few days, and will consist of at least 1,500. Half the remaining six regiments of militia are drafted, equipped and stand ready, at a minute's warning to march to any part of the seacoast of N. E. that may be attacked ; and shall continue to exert all our strength in the common cause. " I am, sir, with due respect, "Your very humble servt. "MESHECH WEARE, Chairman. " Hon. Pierre Van Cortlandt." Ordered, That copies of the said letters be immediately sent to His Excellency the Governor. Resolved, That General Scott and Mr. Robert R. Li- vingston be a committee to draft a letter to the Honourable the Congress, and represent to that Honourable Body a true state of the northern department. Adjourned until to-morrow morning 10 o'clock. DIE VENERIS, 10 ho. a. m. August 15, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Robt. R. Livingston, Mr. Tredwell, Mr. Gilbt. Livingston, Mr. Piatt, Genl. Scott, Colo. De Witt, Major Tappen, Major Van Zandt, Mr. Harper. A letter from His Excellency Governor Clinton, dated at New-Windsor, the thirteenth instant, on the subject of our northern army ; together with a copy of His Excel- 1042 JOURNAL OF THE COUNCIL OF SAFETY. lency's letter to His Excellency Genl. Washington, on the same subject, that no reinforcements are coming from the Eastern Stales, were read, and are as follows, vizt : " New- Windsor, August 13th, 1777. " Sir — I am favoured with the letters of the Council of Safety, of yesterday's date, with the enclosures, and have agreeably to the request contained in them, sent Genl. Washington extracts of those letters, with copies of such of the other papers as were intended to be forwarded under cover of the letter addressed to him, of which I now trans- mit you a copy. " I hourly expect accounts from Fort Montgomery, and an answer to my last letter to Genl. Washington, which, if I receive this evening, I shall set out some time to-mor- row for Kingston ; if not, the next day. " Though I most anxiously wish it was in my power to reinforce our northern army, and give succour to the brave and much distressed inhabitants of Tryon county, yet, I cannot be induced to think that it would be prudent to draw the militia from so far down as this to the northward, until the designs of the enemy's southern army can be more fully ascertained, which from any accounts I have yet re- ceived are as likely to be against this quarter as any other; but as I shall shortly have an opportunity of personally conferring with the Council, and have their advice and opi- nion more fully upon the subject, such measures will be adopted, as may appear upon the whole to be most condu- cive to the safety of this unhappy State, and for effectually opposing the progress of the enemy. " I am, sir, your most obed. servt. " GEO. CLINTON. " The Honourable the President of the 1 Council of Safety, State of New- York." "Stillwater, August 13th, 1777. " Sir — Last night I received a letter from Governor Trumbull, of the 9th instant, by which I am given to un- derstand that we must not expect, any aid from the State of Connecticut, in this quarter. Mr. President Sever, of the Massachusetts, in a letter of the 29th ult. which I re- ceived on the 1 1th instant, advises me that orders had been issued for the march of one-sixth part of six regiments in the county of Worcester, and one in the county of Middle- sex. These, when they arrive, if ever they do, will pro- bably increase our numbers by about six or seven hundred. Our whole Continental force of effectives, does not exceed three thousand four hundred rank and file ; and we have about forty militia from this State, and not one from any other. With these troops we have to encounter an enemy greatly superior in force, and daily increasing. I am con- strained again to repeat that unless some measures are taken to bring forth the militia of this county, it will be impossible to prevent the enemy from reaching Albany ; and I do not think the militia will march unless some of the Council of Safety come up. " Three regiments, in the whole about five hundred and fifty effectives, marched from here yesterday, to the relief of Fort Schuyler. " Congress have ordered that an inquiry should be made into my conduct, and that I should repair to Head-Quarters. Disgraceful as the measure is to me at this critical con- juncture, it leaves me, however, the consolation that the public will by such an inquiry be authentically informed how unjustly my character has suffered. " I am, sir, with great respect, " Your most obd. hble. servt. "PH. SCHUYLER. " The Hon. Pierre Van Cortlandt." Mr. Robert R. Livingston, according to order, reported the draft of a letter to our Delegates in Congress, on the subject of the northern department, which was read and approved of, and is in the words following, to wit : "Gentlemen — The Council of Safety thinking it of importance that you should have it in your power to satisfy such inquiries as the Congress may probably make about the slate of our affairs, have directed me briefly to inform you of such facts as have come to their knowledge, rela- tive both to the enemy's force and ours. As to the first we cannot speak with certainty, notwithstanding the pains we have taken to inform ourselves, but are led to conjec- ture from the testimony of prisoners, which may at least be relied on, as far as it relates to these respective companies and from a variety of concurringcircumstances, that the whole number of regular troops which compose the enemy's nor- thern army, is about ten thousand ; that six thousand of these, and two hundred Indians, are with General Bur- goyne ; that about eight hundred, together with four hun- dred Canadians, tories and Indians, are gone to the west- ward, and are now besieging Fort Schuyler ; which party we have reason to believe, have lately been reinforced by five hundred men from the main body, who are supposed, to have marched from Saratoga about four days ago. The enemy since the evacuation of Ticonderoga, have been joined by a great number of tories, who have been encou- raged by the timidity of our army to very daring acts ; daily committing murders in the disguise of Indians, in the face of our camp. Our army has been more numerous than it now is ; its number is daily diminishing. " About two thousand of our militia went up, when our army retreated to Fort Edward ; about twelve hundred came in from the eastern States and the Grants : as it was the height of harvest, and the militia were very uneasy at their stay, the General thought it most advisable to dismiss a part of them on condition that the remainder should con- tinue three weeks, by which time they expected to be re- lieved either by Continental troops or more militia. One thousand of our militia remained till this time. We learn that most of them who are now come away, after having stayed out their time, now find it necessary, from the fre- quent retreats of our army, to remove their families. The Governor has ordered the whole militia of Albany to sup- ply their place; but this order we fear will be ill obeyed, as the disaffected have gained the ascendency in many places, and not only refuse to go, but compel the whigs to side with them. He has, however, sent up from Dutchess and Ulster counties five hundred men, who are drafted to continue in service till the first day of November. " He has also ordered two hundred men to Schoary, where the whigs are beseiged by tories and Indians. We have seven hundred militia out in Tryon county and about two thousand men in the forts and passes in the Highlands ; seven hundred of these being drafted to continue in service till the first day of November, the rest being the whole militia of the counties of Orange, the lower part of Dutch- ess and Ulster. " You, gentlemen, who know our weakness, the great drains we have had, the troops we are obliged to keep on posts to guard the disaffected prisoners in every quarter, the number that are pressed into service as wagoners, bat- teau men, &c. and that this whole force is drawn from four counties out of fourteen that we once possesssed, will think it much beyond our strength, but we are resolved if we do fall, to fall as becomes brave men. " In this computation we count nothing from Albany, for the reasons before mentioned, though it is probable that some small force may be drawn from thence. " General Schuyler informs by letter of the thirteenth in- stant, that our whole northern army does not exceed four thousand men, and these we fear more inactive and dis- pirited than can well be imagined. " We enclose you our application to the eastern States, and their answer ; from Connecticut we have received none. " By the papers enclosed you will find that our troops and militia have behaved with becoming spirit in Tryon county ; but as it is out of our power to support them, we fear that that county must fall into the hands of the enemy, in which case, by means of the Indians, who will then be wholly in their power, they may ravage all that part of this JOURNAL OF THE COUNCIL OF SAFETY. 1043 State which lies to the westward of Hudson's river, as well as the frontiers of New-Jersey and Pennsylvania ; and by moving their ships up the river, in a great measure de- stroy the communication between the eastern and western States ; or at least, render very considerable escorts ne- cessary. Should Albany fall into the hands of the enemy, and which is by no means improbable, that spirit of dis- affection which we have so long contended with, will again break out, and the enemy not only be amply supplied, but considerably reinforced. " We tell you that our army were, when we last heard from them, at Stillwater, and that they think of retreating to Half Moon. You will easily conceive the distress that the removal of the families from the fine country upon Hudson's river and the total loss of their property, must occasion, as well as the new burdens that will be cast upon this already overloaded State. " But we do not choose to dwell on this melancholy sub- ject, or yield to a spirit of despondency that may tend to weaken the efforts which we think it our duty to make, for the success of which we rely upon Divine Providence. " If it is not inconsistent with the general interest, we would most earnestly wish for one or two regiments of riflemen, who would be very useful in our woody country, and whose very names would serve to intimidate the sava- ges. " Would circumstances admit of drawing our whole force to a point, and were the passes to the southward secured by a sufficient number of troops, exclusive of our militia, we should not have thought it necessary to call in any aid from the neighbouring States ; but at present attacked on every side, we stand in need of more assistance than we have from present appearances reason to hope for. " We are, gentlemen, with respect, " Your most obt. hi. servt. "To the Honble. the New-York Delegates in Congress." Ordered, That a copy thereof, together with copies of the papers therein referred to, be immediately transmitted. Mr. Robert R. Livingston has leave of absence for four days, on the arrival of Mr. Jay or Mr. Morris. Adjourned until this afternoon, 4 o'clock. Die Veneris, 4 ho. P. M. August 15, 1777. The Council met pursuant to adjournment. Present — Pierre Van Corllandt, Esqr. President. Mr. Yates, Mr. Piatt, Mr. Tredwell, Mr. Gilbert Livingston, Genl. Scott, Colo. De Witt, Major Van Zandt, Major Tappen. The Council having sat until evening, and no despatches arriving, Adjourned until to-morrow morning, ten o'clock. DIE SABBATI, 10 ho. a. m. August 16, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates. Mr. Piatt, Mr- Tredwell, Mr. Harper, Genl. Scott, Colo. De Witt, Major Van Zandt, Major Tappen, Mr. Robt. R. Livingston. A letter signed by Phillip Conyne, chairman of the dis- trict of Cocksackie, and several other respectable friends to the American cause, soliciting the discharge of John Romer, who is confined on a charge of disaffection, was read and filed. And thereupon, Resolved, That the said John Romer, (on taking the oath of allegiance to this State,) be liberated and permitted to return to his family. Ordered, That the commissary of the Fleet prison fur- nish Captain Payn's men who have joined Captain Schoon- maker's company with rations, agreeable to the Continental regulations. Ordered, That the commissary of the clothing store of this State do supply the commissary of the prisoners of war with seven shirts and seven pair of shoes, for the use of seven prisoners of war lately taken in the northern de- partment and sent to this place. Adjourned till Monday morning, 10 o'clock. DIE LUNjE, 10 ho. a. m. August 18, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Harper, Mr. Cantine, Mr. Piatt, Mr. Yates, Mr. Robt. R. Li- vingston, Major Tappen, Genl. Scott, Colo. De Witt, Mr. Tredwell, Major Van Zandt. On reading the petition of John Cumming, confined on board the Fleet prison, praying to be permitted to reside at Captain Henry Sleight's, in Kingston, with his wife, who is come on a visit to him, Resolved, That the warden of the said prison permit Mr. John Cumming to reside at the house of Captain Henry Sleight, in Kingston, three days, on Captain Sleight's be- coming bound to return Mr. Cumming to the said prison in three days from the time of his leaving the same ; and also that Mr. Cumming do not say or do any thing injuri- ous to the American cause. Mr. Sheriff Dumont produced to the Council a receipt for seventeen dollars, by him paid to William Blanchard, sergeant of a guard sent from Peeks Kill to Kingston, (by order of General Putnam,) with prisoners, to bear the ex- penses of the said guard on their return to Peek's Kill. Ordered, That the Treasurer of this State repay Mr. Dumont the said seventeen dollars, and charge the same to the Continental account. Ordered, That the Treasurer of this State advance to Cornelius C. Elmendorph, commissary of the Fleet prison, the sum of one, hundred and fifty pounds. A letter from His Excellency Govr. Trumbull, dated the fourth instant, in answer to the letter from this Council, of the 27th ultimo, relative to the militia of Connecticut, was read, and is in the words following, vizt : " Lebanon, 4th August, 1777. " Sir — I have to acknowledge the receipt of yours of the 27th ulto. enclosing extracts from Major-General Schuy- ler's letter to you. " The motions of the enemy of late is truly alarming, and hath spread consternation through the land, and calls for the joint and spirited exertions of all to prevent the ruin of their country, and save from slavery unborn millions. " By present appearances, it seems that they mean to strike some bold stroke, and bring matters to a speedy crisis. Howe's ships have put to sea; their destination not certainly known ; but while they keep a superior fleet on the coast, it will be in their power to embarrass and perplex us much by removing from one place to another, and thereby evading our main body, while our seacoasts are continually exposed to their depredations. " This State, for the security of their seacoasts and fron- tiers, have raised two battalions, and now on their stations. We have done every thing in our power to fill up our quota in the Continental army, which is not yet completed, not- withstanding are far from considering ourselves exempted from affording all assistance in our power to any of our sister States when invaded ; for I view the American States, though divided into distinct jurisdictions, yet but one great family, and bound by the ties of interest and humanity to assist and protect each other. " Have not, therefore, beheld the present distress of your State as an unconcerned spectator ; but on the first notice thereof, gave the necessary orders for putting the whole militia of this State into the best posture of defence, and directed that one-fourth part be detached, equipped, and 1044 JOURNAL OF THE COUNCIL OF SAFETY. ready lo march on the shortest notice, for the relief of any place which may be attacked by the enemy, and immedi- ately advised His Excellency General Washington thereof by an express, who left here the 26th ulto. and therein proposed lo His Excellency's consideration to send Conti- nental troops to the northward, as the most speedy and ef- fectual relief of your people in that quarter, assuring him that if he approved of the measure, 1 would order the mi- litia of this State, who I apprehended would turn out with spirit, lo strengthen the posts at Peek's Kill, and for the the defence of the important passes at the Highlands. At present have received no answer. Since which, have re- ceived a requisition from Major-General Putnam for five hundred men, to be sent immediately to Peekskill, which have ordered accordingly. " On the 30th last, received from General Schuyler a requisition for two thousand militia, lo be sent to his assis- tance, and this day have a further requisition from General Putnam for three thousand of the militia of this State, to be held in readiness to march, at the shortest notice, to Peek's Kill, and to be held in service for a term not less than two months. The foregoing was intended to be sent per ex- press, but through my hurry it lay by till August 6th. In the morning, I received by express from General Putnam, another letter, dated the 3d instant, enclosing a copy of a letter from General Washington to him, dated at Chester, 1st instant, informing that he had received intelligence that the enemy's fleet the day before, about eight of the clock, in the morning, sailed out of the Capes of Delaware, on an eastern course, with an intent, as he apprehended, to go up the North river, and directing General Putnam to make the speediest application to me to send to his assistance as many of the militia of this State as could be collected, to prevent General Howe getting possession of the High- lands. Agreeable thereto, General Putnam hath requested, in the most pressing terms, that the militia of this State might be sent to his immediate relief. " In consequence of this intelligence, orders are given for three thousand of the militia, including five companies of Colo. Enos's battalion, under the command of Brigadier- General Ward, to march to Peekskill ; which troops are now on their march, and hope they will arrive before the enemy can approach them, and sent an express to Gover- nor Cook at Providence, with Generals Washington and Putnam's letters, with a request to him that copies thereof should be immediately forwarded to the President of the Council of Massachusetts, and by him to the State of New- Hampshire. By the pressing requests from General Put- nam, and the dangerous situation he was in, and the par- ticular orders from General Washington, I esteem it my duty to comply therewith, and that hath taken a great part of the militia of this State. " I received a letter from General Schuyler of the 27th, mentioned above, which was directly answered, informing of my correspondence with General Washington, which rendered it improper for me to comply with his requisition. And although his situation gives me pain, could do no more than to write to the States of the Massachusetts and New- Hampshire, which I did immediately by express, pressing them to send forward their militia without loss of time, lo assist in repelling Burgoyne's army, and hope they will view the matter of such importance as to exert themselves on the occasion ; indeed their situation makes it more na- tural lo send their militia that way. Am persuaded that General Burgoyne, flushed with his success, will do every thing in his power, not only to maintain his present acqui- sitions, but to penetrate into the country before the inhabi- tants are recovered from their surprise, and arm in their de- fence ; am therefore clearly of opinion that it is of the last importance to put a stop to their career as soon as possible. " The difficulties attending your militia in this time of distress, mentioned in yours, affords a gloomy prospect ; that when our subtle and inveterate enemies are using every art of policy and force to enslave us, to find so great a part of your militia either in the power or interest of the enemy. Those that are friendly ought not lo be intimi- dated thereby, but nobly turn out in their own and coun- try's defence ; which, if they do, it appears to me that, as General Schuyler hath been reinforced by Nixon and Glo- ver's brigades, they will be able to prevent Burgoyne's further incursions. " August 7th, received by Mr. Vandervoort yours, dated the 1st instant; the same will be laid before the General Assembly of this State, called to meet next Wednesday. " We have endeavoured that your State, or any of the members of it residing here, should have no reason to com- plain of the want of a just, generous and humane treat- ment from the government and its inhabitants. " I am with esteem and regard, sir, " Your most obedient humble servant, " JONTH. TRUMBULL. " Honble. President Van Cortlandt." Ordered, That the Secretary wait upon His Excellency the Governor with the said letter. A letter from Johannes Van Duersen, chairman of the committee of Claverack, accompanying a certain John Sny- der, a suspicious person, who is apprehended and sent un- der guard to Kingston by order of the said committee, was read and filed. Ordered, That the said John Snyder be committed to the Fleet prison, until further orders. Adjourned until this afternoon, 4 o'clock. Die Lunjs, 4 ho. P. M. August 18, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Piatt, Mr. Tredwell, Mr. Cantine, Mr. R. R. Living- ston, Genl. Scott, Major Tappen, Major Van Zandt, Colo. De Witt. The petition of John Strong, captain of one of the com- panies of rangers raised in the counties of Gloucester, Cumberland and Charlotte, was read and filed. Ordered, That the same be committed to Mr. Yates and Mr. R. R. Livingston. Adjourned until to-morrow 10 ho. A. M. DIE MARTIS, 10 ho. a. m. August 19, 1777. The Council met pursuant to adjournment. Prayers as usual. Presett — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Harper, Mr. R. R. Livingston, Mr. Gilbert Livings- ton, Mr. Piatt, Mr. Van Zandt, Mr. Tredwell, Mr. Cantine, Genl. Scott. A letter from John Barclay, Esqr. chairman of Albany committee, enclosing copy of a letter signed Jonas Fray, dated at Bennington, the sixteenth instant, giving an ac- count of a battle between the New-Hampshire militia, under the command of Brigadier-General Stark, and the enemy, which proved very successful on the side of the American arms, was read, and are in the words following, vizt : "State of Vermont, in Council of Safety,) " Bennington, ]6th Jngust, 1777, 6 o'clock. $ "Gentlemen — Brigadier-General Stark, from the State of New-Hampshire, with his brigade, together with the militia and companies of rangers raised by this State, with part of Colo. Symonds' regiment of militia, are now in action with a number of the enemy's troops assembled near this place, which has been for some time very severe. We have now in possession (taken from them this day) four brass field pieces, ordinance stores, &c. and this minute 4 or 500 prisoners have arrived. We have taken the ground although fortified by entrenchments, &c. but after being drove about one mile, the enemy being reinforced, made a second stand, and still continue the action. The loss on each side is doubtless considerable, but the numbers not JOURNAL OF THE COUNCIL OF SAFETY. 1045 ascertained. You are therefore in the most pressing terms requested by General Stark and this Council, to forward the whole of the militia under your several commands to this place without one minute's loss of lime; they will pro- ceed on horseback with all the ammunition that can be pro- vided conveniently. On our present exertions depends the fate of thousands. " I am, gent, your most obdt. hum. servt. "JONAS FAY, Vice-President. " To the gentlemen officers nearest this place, commanding regiments of militia in the se- veral United States." "The above is a true copy of the original letter certified by us. "ROBERT HAWKINS, " EBENEZER HUTCHINSON, "Selectmen." " The above was forwarded by Esquire Douglass from Jerico to King's district, and from thence to Albany, per order of committee. "ELIJAH BOSTWICK, "JOHN GRAY, " Members" Die Martis, 4 ho. P. M. August 19, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Harper, Mr. Yates, Mr. Cantine, Major Tappen, Mr. Tredwell, Colo. De Witt, Genl. Scott, Major Van Zandt, Mr. K. R. Livingston, Mr. Piatt. A letter from the commissioners for delecting and de- feating all conspiracies, &c. dated at Red Hook, the eigh- teenth instant, informing that they think it necessary to remove to Claverack, and that they stand in need of one thousand musket cartridges, was read. A draft of a letter to the commissioners for detecting conspiracies, &c. was read and approved, and is as follows, to wit : "Gentlemen — We received yours of the 18th. We approve of your removal to Claverack, the necessity of which is very apparent; though as you observe, every call for the militia should regularly be through the Governor, yet in the present situation of our affairs, we are obliged to step out of the strict line that the constitution prescribes, and to trust for our justification to the necessity of the measure. " You will therefore issue such orders to the militia as you think necessary, advertising us or the Governor thereof. We have passed an order for one thousand cartridges in favour of Mr. Heermanse, agreeably to your request. " We are, gentlemen, " Your most o'oedt. humb. servt. " Messrs. Benson, Smith and Cantine, Commissrs." Ordered, That a copy thereof be signed by the Presi- dent, and transmitted. Adjourned until to-morrow morning ten o'clock. DIE MERCURII, 10 ho. a. m. August 20, 1777. The Council met pursuant to adjournment. It being a day set apart by the Dutch congregation of this town for fasting and praying, and there being service in their church, The Council adjourned until the afternoon 4 o'clock. Die Mercurii, 4 ho. P. M. August 20, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Harper, Cantine, Mr. Piatt, Mr. Tredwell, Mr. Yates, Major Tappen, Colo. De Witt, Genl. Scott, Major Van Zandt. A letter from General Schuyler, dated at Van Schaick's 262 island, the nineteenth, enclosing a copy of General Lin- coln's letter to him, with the account of General Stark's battle with the enemy, was read, and are in the words fol- lowing, to wit : " Van Schaick's island, Augt. 19, 1777. " Sir — I have the happiness to congratulate you on a signal victory gained by Genl. Starks, over a body of the enemy near Bennington, on the 16th instant ; an account whereof is contained in the enclosed letter from General Lincoln. " I hope that we shall soon have the satisfaction to learn that General Arnold has raised the siege of Fort Schuyler. I suppose he arrived last night at the German Flatts. "I have l he honour to be, sir, " Your most obedient humble servt. " PH. SCHUYLER. "The Hon. Pierre Van Cortlandt, President of the Council of Safety of New-York. " Bennington, Augt. 18, 1777. "Dear General — The late signal success of a body of about 2000 troops, mostly militia, under the command of Brigadier General Stark, in this part of the country, on the 16lh instant, over a party of about 1500 of the enemy, who came out with a manifest design to possess themselves of this town, as will appear by the enclosed, is an event hap- py and important. " Our troops behaved in a very brave and heroic man- ner. They pushed the enemy from one work to another, thrown up on advantageous ground, and from different posts with spirit and fortitude, until they gained a complete vic- tory over them. " The following is the best list I have been able to ob- tain of iheir prisoners ; their killed and wounded, vizt : 1 lieut. colonel, 1 major, 5 capts. 12 lieuts. 4 ensigns, 2 cornels, 1 judge-advocate, 1 baron, 2 Canadian officers, 3 surgeons, 37 British soldiers, 398 Hessians, 38 Canadians and 151 tories taken. " The number of wounded fallen into our hands, exclu- sive of the above, is about 80. " The number of their slain has not yet been ascertain- ed, as they fought on the retreat for several miles in a wood, but supposed to be about 200. Their artillery, which consisted of four brass field pieces, with a considera- ble quantity of baggage likewise fell into our hands. " We have heard nothing of Burgoyne or his army for these two days past. The prisoners are sent into the Slate of Massachusetts Bay, except the tories. Shall wait your directions respecting them, as most of them belong to the State of New-York. " We have now about 2000 at and near this place. " I am, dear General, with regard and esteem, " Your very humble servt. " B. LINCOLN. " N. B. We had about 20 or 30 killed in the action, and perhaps 50 wounded. " Major-Genl. Schuyler." A letter from John Barclay, Esqr. chairman of the com- mittee of Albany, directed to Mr. Abraham Yates, inform- ing him that a number of respectable inhabitants, and friends to the cause of America, and neighbours of Ephra- im Bogardus, petitioned the said committee that the said Bogardus may be released from confinement, as nothing so criminal is alleged against him as to continue him in confinement : ihe said committee requested Mr. Yates to use his influence in procuring his discharge, under such restrictions as the Council shall think proper ; was read and filed. Thereupon, Resolved, That the said Ephraim Bogardus (confined on board the Fleet prison for inimical praciices against the United States) be permitted to repair to the committee of Albany ; and that on his giving to the said committee such security for his future good behaviour as they may think proper, he be discharged. 1046 JOURNAL OF THE COUNCIL OF SAFETY. Resolved, That the sitting of the supreme court of ju- dicature of this State, be and hereby is adjourned from the last Tuesday of August instant until the second Tuesday of September next; that all process be accordingly con- tinued until that day ; and that the test of all writs be such as if the said adjournment had not been made ; of which all persons are required to take notice, and govern themselves accordingly. Mr. Tredwell has leave of absence for ten days. Mr. Jay has leave of absence for a week, from next Sa- turday. Messrs. Jay and Morris being relumed from General Washington's Head-Quarters, reported verbally their con- ference with the General ; and that they had presented a memorial to Congress on the subject of the northern [army,] a copy whereof was read. DIE JO VIS, 10 ho. a. m. August 21, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Cantine, Mr. Harper, Mr. Jay, Mr. Yates, Mr. Piatt, Major Van Zandt, Major Tappen, Mr. Morris, Genl. Scott, Colo. De Witt. Messrs. Jay and Morris produced an account of their actual expenses on their journey to Head-Quarters, by order of the Council of Safely of the thirtieth day of July last, and for horse hire, amounting in the whole to one hundred and thirty-nine and one-sixth dollars. Ordered, That the Treasurer of this State pay unto Messrs. Jay and Morris, or either of them, the said sum of one hundred and thirty-nine dollars and one-sixth of a dollar, in full for their account. Ordered, That the Treasurer of this State pay unto John McClean, or his order, ihe sum of forty-five pounds, in full for a horse purchased from him for the use of this State. Ordered, That the said Treasurer of this State pay unto Mr. Jacobus Gaasbeek the sum of forty pounds, in full for a horse purchased from him for the use of this State. Messrs. Yates and Morris produced their accounts of expenses on a journey to Head-Quarters in the northern department, (by order of this Council) amounting to fifty- six dollars. Ordered, That the Treasurer pay unto Messrs Yates and Morris, or either of them, the sum of fifty-six dollars, in full for their said account. John Coe, Esqr. late chairman of the committee of the county of Orange, attending, informed the Council that part of the blankets and stockings, which were purchased under the direction of the said committee, pursuant to the resolutions of the late Convention, of the twenly-first day of January last, were lost in transporting them to the clothing store at Fishkill ; that the persons from whom they were purchased, think it extremely hard that the loss should fall on them, and therefore request the Council to take the same into consideration, and grant such relief as to them shall appear reasonable. Ordered, That Mr. Jay, and Mr. Piatt be a committee to examine and report the same. A letter from Andrew Tavlor, deputy qnarter-master- general, dated at Newburgh the 19th instant, relative to the exemption of Leonard Smith, Lieut, in Colo. Pawling's regiment, and now in the employ of the said Taylor, was read and committed to a committee. Adjourned until to-morrow, 10 o'clock A. M. DIE VENERIS, 10 ho. a. m. August 22, 1777. The Council met pursuant to adjournment. Prayers as usual. Present— Pierre Van Cortlandt, Esqr. President. Mr. Cantine, Mr. Harper, Mr. Yates, Mr. Jay, Mr. Morris, Mr. Robt. R. Livingston, Colo. De Witt, Major Van Zandt, Genl. Scott. Resolved, That all the constables within this State do, without delay, appear before one of the judges of the in- ferior courts or the sheriff, in their respective counties, and take the oath of office. Ordered, That the same be published, and that a cer- tified copy be delivered to Mr. bheriff Dumont. Resolved, That the private seal of the chief justice be the seal of the supreme court, until such time as the judges of the said court shall cause a device to be en- graved for that purpose, which they are hereby empowered and directed to do. Ordered, That Mr. Morris, Mr. Harper and Major Van Zandt, be a committee to report a regulation for victualing the State prisoners on board the Fleet prison and in King- ston jail. An affidavit of Samuel Fowler, taken before Samuel Edmonds, chairman of New-Marlborough precinct in Ulster county, relative to a mare claimed by Samuel Wiggings and taken from him by a certain John Snider, who was appre- hended by order of the committee of Claverack as a sus- picious person and sent to this Council, and who is now confined on board the Fleet prison, was read and filed. Thereupon, Ordered, That Judge Wynkoop be requested to make an inquiry into this matter, and if it shall appear to him that the said mare is the property of the said Samuel Wig- gins, that he direct her to be delivered to him, on his pay- ing the expenses of keeping, &c. The committee appointed to draft a letter in answer to the letter of Andrew Taylor, deputy quarter-master-general, of the nineteenth instant, reported the following which was read and appproved of, and is in the words following, vizt : " Sir — Your favour of the nineteenth instant was re- ceived and laid before the Council. I am directed in an- swer thereto to inform you that as the resolution subjecting exempts to the payment of money for encouraging drafts from the militia, was passed, and the orders for drafting issued previous to the time when Mr. Leonard Smith en- tered into the Continental service as a ferryman. The Council are of opinion that he comes within that resolu- tion, and is held to pay such sums as he may have been assessed for that draft. " I am, sir, " Your most obedient, humble servt. " To Andrew Taylor, D. Q. M. G." Ordered, That a copy thereof be signed by the Presi- dent, and transmitted. On reading the petition of John Smith, of Northeast precinct, Dutchess county, confined on board the Fleet prison for inimical practices, Ordered, That the said John Smith, on taking the oath of allegiance, be discharged. The committee to whom was referred the application of John Coe, Esqr. delivered in a state of facts which were sworn to by him. Thereupon, Resolved, That the Secretary inform Judge Coe that by the resolutions passed by the late Convention for purchas- ing blankets and stockings, the several committees are to draw for the amount of the same and pay the collectors of such blankets and stockings. JOURNAL OF THE COUNCIL OF SAFETY. 1047 Resolved, That the report of the committee upon the accounts delivered by Judge Coe, be filed with the Trea- surer, lo be delivered to the Attorney-General. Resolved, That the Attorney-General be directed to prosecute a certain Captain Welsh, mentioned in the said report, or such other person as he shall think proper, for the amount of the blankets and stockings received by him and not delivered to the use of the State. Adjourned until to-morrow 10 ho. A. M. DIE SABBATI, 10 ho. a. m. August 23, 1777. The Council met pursuant lo adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Air. Abraham Yates, Colo. De Witt, Mr. Harper, Major Van Zandt. Philip Livingston, Esqr. came to visit the Committee. The deposition of Jehu Brown and Caleb Trask, two persons who were prisoners with the enemy, and lately escaped from them near St. Coyck, were taken, read, and are in the words following, vizt : " Jehu Broion examined. — Says that he did belong to Capt. Morgan's riflemen, under General Arnold, at Que- bec, and was there taken prisoner, when Genl. Montgome- ry was killed ; that he left Montreal on the 15th of June, and had been there three weeks ; that he computed Genl. Burgoyne's strength that crossed the lakes at 7,000 men ; that he heard them called 13 regiments, vizt: 7 British and six Hessian regiments ; that he heard that two British regiments arrived since at Quebec ; that he landed at Fort George ; that more than one half of the army crossed Lake George ; that above 300 prisoners are now at work at the carrying place from Ticonderoga to Lake George, bringing over provisions, ammunition, stores, &c. ; that they proceeded from Lake George to Fort Edward ; left very few men at Lake George. An advanced party of 500 Hessians, about 30 or 40 British, 200 Canadians, 150 Indians, and some tories, advanced to Fort Miller ; from thence by Saraghtoga to Cambridge, to St. Coyck, and to about 5 miles distance from Bennington ; that on Saturday, the 16th instant, at Wilcox's bridge over Walumscaack, was the engagement of the advanced party with the militia; that the whole of that advanced party was engaged ; that a reinforcement, said to consist of 2,000, but he thinks they did not exceed 1,500, was sent forward to aid the ad- vanced party ; that the reinforcement was, on the same day, in the afternoon, attacked at St. Coyck ; that he heard about 800 of the reinforcement got back to Saragh- toga ; that he knows not what became of the others ; that one Baum, (whom he supposes to be a colonel of dragoons,) commanded the advanced party ; that he was informed part of the militia or rangers pursued them a great part of the way to Saraghtoga ; that he left the party near St. Coyck ; the Hessian troops had a breastwork of logs, &c. at Wilcox's bridge ; that the Widow Whipple's house, about one-fourth of a mile from the bridge, was burned by order of Governor Skeene ; that the flving army was at Saragh- toga, and the main army coming on ; that 1,500 Canadian horses were brought through ihe woods from Canada, vizt : 900 in one parcel and 600 in another, and 700 carts were brought across the lakes in vessels ; that two powder carts were with the advanced party and two with ihe reinforce- ment, and each two field pieces, which he supposed were taken ; that there were not above seven or eight carts taken ; that he heard Govr. Skeen say he had a letter from Genl. Howe, and that Genl. Howe would meet that army at Albany this week ; mat Gershom French came and joined the reinforcement with a party of tories ; that they were informed of the American militia at Bennington, but that they would fly or run away ; lhat Fester brought in a party of tories, consisting of about 82 men, and joined the advanced party ; that Fester was killed ; that Colo. Peters went from Fort Edward wilh the advanced party ; lhat he thinks there could not have been above one or two companies left in Tyconderoga ; that eight cannon were planted on a hill to the west of the French lines at Tyconderoga, from whence they supposed ihey could have commanded and taken Tyconderoga and Mount Independ- ence ; that the British army brought great quantities of provisions and stores from Canada, a great quantity of which was at Fort George when he left that, and the carts were employed from thence to Fort Edward ; lhat he does not know ihe number of Canadians wilh Burgoyne's army ; lhat some of them went by the way of Fort Ann ; that the Indians, with the Biitish army, he heard computed at 850, and Skeen said 700 of them were gone against Fort Stan- wix, and that they were called Johnston's Indians; lhat Governor Skeen came to the advanced party to give out protections. "JEHU BROWN." " Caleb Trask says, he was taken at Halfway brook, about the last day of June or first of July, and was carried to Lake George ; that he came with the baggage of the reinforcement, being obliged to do lhat duty ; and that he escaped with Jehu Brown ; that he heard Governor Skeen say lhat ihey intended to send an advanced party down Connecticut river to No. 4, and that route. "CALEB TRASK." Adjourned until Monday morning 10 o'clock. DIE LUN.E, 10 ho. a. m. August 25, 1777. The following members met, vizt : Mr. Hobart, Mr. Yates, Major Tappen, Major Van Zandt, Mr. Robt. Harper. At 12 o'clock the members present adjourned until ten o'clock to-morrow morning, as from the violence of the rain, the absent members can not be expected to attend this day. DIE MARTIS, 10 ho. a. m. August 26, 1777. The following members met, vizt : Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Hobart, Mr. Van Zandt, Mr. Cantine, Major Tap- pen, Mr. Harper. The members present adjourned until this afternoon 4 o'clock, as from the violence of the rain, the absent mem- bers can not be expected to attend this morning. Die Martis, 4 ho. P. M. Augt. 26, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Harper, Mr. Yates, Mr. Morris, Mr. Hobart, Colo. De Witt, Major Van Zandt, Major Tappen, Mr. Cantine. A letter from His Excellency Governor Clinton, dated at Albany the iwenty-second instant, was read, and is in the words following, vizt : 11 Albany, August 22, 1777. "Sir — I arrived here the 1 9th instant, and should have wrote you sooner, if I had not been informed lhat the committee of this county had transmitted you every intel- ligence worthy of attention. "The battle of Bennington was much more decisive than the first accounts make it. The enemy came out 1,300 strong, and being quickly routed, by the warm and constant fire of our men, were reinforced by 1,500 more. The militia charged them with redoubled fury, and upon receiving the first or second fire, the enemy beat a parley. 1048 JOURNAL OF THE COUNCIL OF SAFETY. This, our people, unfortunately, did not understand, but pressed upon them, and obliged them to fly, pursuing them, with a brisk fire, for many miles. Had it not been for this mistake, the whole (who certainly compose near one-half of their main army) must have infallibly fallen into our hands, and proved a decisive victory. "The number taken was 669; of which about 100 were wounded, and 32 were commissioned officers. The killed are 222; and there is great leason to believe there are many more, as our people are continually picking them up, for the extent of five or six miles in the route they were pursued. " The artillery and arms taken are as follows : 900 swords of the dragoons, upwards of 1,000 stand of arms ; one 12, two 9 and one 4lb. brass field pieces. " Our loss was between 20 and 30 killed, and not ex- ceeding 50 wounded. " I enclose you a copy of General Burgoyne's instruc- tions to Lieut. Colo. Baum, who commanded the first party, and died of the wounds he received in the action ; which you are at liberty to publish, if you think it will answer any valuable end. " I think it is not probable, from those instructions, that General Howe means to carry his operations to the east- ward, as Genl. Burgoyne wished to have the people made to believe that that was to be the case. To the southward or up Hudson's river, therefore, (and the latter I think most probable,) must be his object, if he has any. " I have applied to Genl. Gates for the cannon brought down from Fort George (which are useless where they now are,) for our shipping and fortresses in the Highlands ; he has promised to send them to me without delay, that I may dispose of them as I think proper. I hope therefore to have them down the river in a few days, where they will be much wanted. " General Herkhimer is dead of his wounds ; his leg was taken off, and he survived the operation but a few minutes. " General Arnold with his party are at Fort Dayton ; about 100 of the militia of Tryon county only are with him. I have issued my positive orders to the officers com- manding the respective regiments there, to detach one-half to join Genl. Arnold's army. Colonels Van Corllandt and Livingston's regiments marched this evening to his further reinforcement. The enemy in that quarter having acquired a considerable accession of numbers from tories and In- dians, the above measures were rendered necessary. The garrison, however, by very late accounts, are high in spirits and well provided ; and I have no doubt but in a few days we shall receive the most agreeable intelligence from that quarter. " From the Oneidas and Tuscaroras, whose chiefs are now with General Arnold, we have the fullest assurance of assistance ; but have nothing to expect from any other of the tribes of the Six Nations, until our success intimidates them into friendship. Since the affair at Bennington, not an Indian has been heard of to the northward, and the scalping business seems to have ceased. " I can not learn that the main body of the enemy are far southward ; nor, from the best accounts, are any of them on this side of Saraghtoga. Indeed, I do not apprehend any great clanger from the future operations of Mr. Bur- goyne ; and I would f;iin hope, unless he evinces a greater share of prudence than he has hitherto discovered, we shall not only be able to prevent his further penetrating into the country, but soon oblige him to return with a weak and broken army. " By a letter lately received from Genl. Washington, I have a right to expect here every minute, Morgan's corps of riflemen, who I think will be able to match the Indians and lories, and be of vast service to our army. " Mr. Livingston and myself returned from camp this evening ; we mean to return there again on Sunday, as Ge- neral Gates has requested my attendance to meet Genl. Lincoln there on that day. Mr. Livingston begs his ex- cuse in not writing to Council, as this letter contains every intelligence he could convey. " Forty odd of the tories taken at Bennington, are in this place. I am much at a loss how to dispose of them. I think it not right to keep them here. " I am, sir, your most obed. servt. "GEO. CLINTON. " Pierre Van Cortlandt, Esqr." Another letter from His Excellency of the 25th instant, was received, and is as follows : " Albany 25th Augl. 1777. " Sir — I have the pleasure of informing your Honour- able Board, that on Friday last, in the afternoon, the enemy raised the seige of Fort Schuyler, and marched off to- wards Oswego with precipitation, taking with them, how- ever, their artillery, stores, &c. Genl. Arnold was at Fort Dayton, where he had been some days wailing for a rein- forcement, which he had asked from Genl. Gates, in con- sequence of accounts he had received making the enemy much superior in number than they were conceived to be when he marched for that quarter; which I suppose were artfully contrived to delay General Arnold's march, and thereby enable the enemy to make a safe retreat. This I conclude will now be effected. " Genl. Arnold marched on Saturday from Fort Dayton, and expected to reach Fort Schuyler that night ; but even then the enemy will be a day's march ahead of them. " Colos. Van Cortlandt and Livingston's regiments, who were on their march to join Genl. Arnold, are now return- ing to their former station. " Five deserters have lately came in to our army in this quarter, who agree in their accounts, that the army under Burgoyne is very sickly and discontented. " Some deserters from the enemy have also came in to Fort Schuyler. " I am, your most obedt. servt. "GEO. CLINTON. " The Honble. Pierre Van Cortlandt, Pres. Council of Safety." A letter from the Honble. General Schuyler, dated the twenty-fifth instant, was read, and is in the words follow- ing, to wit : "Albany, August 25th, 1777. "Sir — I am this moment informed by Lieut. Clock, who is directly from the German Flatts, that the enemy have raised the seige of Fort Schuyler, without waiting the arri- val of General Arnold, who received the account after he had been a few hours on his march from Fort Dayton. "I very sincerely congratulate you on this important event, of which you will be pleased to advise Congress. "I am, sir, your most obedt. humble servt. "PH. SCHUYLER. "Hon. Pierre Van Cortlandt." Ordered, That the President transmit a copy of His Excellency's last letter, and of General Schuyler's letter, to Congress by express. A draft of a letter to the Honourable John Hancock, enclosing the said copies, was read and approved of, and is as follows, vizt : " Kingston, 26th Augt. 1777. " Sir — I have the pleasure of transmitting to you the copies of Genl. Schuyler's and Governor Clinton's letter, giving us the agreeable intelligence of the raising of the seige of Fort Schuyler. The gallantry of the commander and garrison of that post, and the distinguished bravery of Genl. Herkemer, and his militia, have already been pro- ductive of the most desirable consequences. The brave and more fortunate Genl. Stark, with his spirited country- men, hath, as you have already been informed, given the enemy a signal coup near Bennington. The joint result of these providential instances of success, hath revived the drooping hopes of the despending, and given new vigour to the firm and determined. We have, therefore, the JOURNAL OF THE COUNCIL OF SAFETY. 1049 pleasing expectation of compelling Genl. Burgoyne, in his turn, to retire. " I have the honour to be, &c. " Honble. John Hancock." Ordered, That the same be engrossed, and signed by the President, and transmitted. Upon the representation of Mr. Morris, on behalf of Captain Montgomerie, Ordered,, That the Honourable Robert R. Livingston be directed to take the parol of the said Captain Mont- gomery, to remain a prisoner within a district, commencing on the northern extremity of the Widow Livingston's farm, at the manor of Livingston, and extending three miles along Hudson's river to the southern extremity of the Widow Montgomery's estate at Rhinebeck, and that he transmit the same to this Council. A letter from Zephaniah Piatt, Esqr. dated at Pough- keepsie the twenty-first instant ; also a letter from Andrew Billings, of the twenty-fifth instant, relative to persons who went over to the enemy and are returned into Dutchess county, were read. Ordered, That they be committed to Mr. Hobart. A letter from Abraham B. Bancker, commissary of pri- soners, was read. Ordered, That the same be committed to Mr. Harper and Mr. Cantine. A letter from Peter R. Livingston, relative to the salt purchased for the use of the State, was read. Ordered, That the said letter be committed to Colonel De Witt and Mr. Yates. A letter from Captain Benjamin Walker, informing Council that Mr. Cregier, late ensign in his company, and who is convicted by a court martial of having plundered the inhabitants of Westchester county, has received of him one hundred and eighty dollars for the purpose of recruit- ing, that only fifty-eight dollars are accounted for, was read. Ordered, That the said letter, together with the other papers relative to Cregier's case be referred to the Attor- ney-General. Ordered, That Thomas Kelly, who was apprehended at Rhinebeck as a suspicious person, and is confined on board the Fleet prison, be discharged without paying for his subsistence or other fees. Adjourned until to-morrow, 10 o'clock. DIE MERCURII, 10 ho. a. m. August 27, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Cantine, Mr. Harper, Mr. Yates, Mr. Hobart, Colo. De Witt, Major Tappen, Major Van Zandt, Mr. Morris. On motion, Resolved, That Cadwallader Colden, Esquire, be libe- rated from the Fleet prison and permitted to reside in the neighbourhood of this place, under such restrictions as Colonel De Witt and Mr. Morris shall direct, and that they take Mr. Colden's oath for his faithful observance of such restrictions. A letter from his Excellency Governor Clinton, dated at Albany the twenty-fifth instant, enclosing copies of a letter from Colo. Gansevoort to Genl. Arnold, and from Genl. Arnold to Major-General Gates were read, as follows, vizt : " Albany, 25th August, 1777. "Sir — Since I wrote you this morning, Genl. Gates transmitted me the enclosed copies of letters from Genl. Arnold and Colo. Gansevoort, containing a more particu- lar account of our affairs to the westward than I was then possessed of. " I have great reason to believe that Genl. Burgoyne will soon follow the example of St. Ledger, and my greatest 263 fear is that he will be equally fortunate in getting off with- out a second drubbing, as the militia do not turn out with that alacrity which might be expected. " A proper spirit on this occasion would enable us totally to destroy the enemy in this quarter, and secure peace and safety to this part of the country. The enemy are in our power, could the militia only be prevailed on to believe it. '' I am, in the utmost haste, your most obt. servt. "GEO. CLINTON." " Burgoyne is retired to the east side of the river ; has Batten Kill in his front, and Hudson's river on his right; a very secure position indeed. He has also taken the pru- dent precaution of reinforcing the posts in his rear since the Bennington affair, with three regiments, from which it planly appears he has safety now more than conquest in view. " Pierre Van Cortlandt, Esq. President." " Aug. 22d. " Dear Sir — This morning at 1 1 o'clock, I began a heavy cannonade upon our enemy's works, which were im- mediately returned by a number of shells and cannon. About 3 o'clock seven deserters came in, who informed me that Genl. St. Leger, with his army, was retreating with the utmost precipitation ; soon after which I sent out a par- ty of about sixty men to enter their camp, who soon re- turned and confirmed the above accounts. " About seven o'clock this evening, Hans Jost Schuyler arrived here and informed me that Genl. Arnold, with 2000 men were on their march for this post, in consequence of which I send you this information. " I am, &c. "PETER GANSEVOORT." "Mohawk River, 10 miles above Fort Dayton, \ " August 23, 1777, 5 o'clock, P. M. \ "Dear General — I wrote you the 21st inst. from the German Flatts, that from the best intelligence I could procure of the enemy's strength, it was much superior to ours ; at the same time enclosed you resolutions of the council of war, and requested you to send me a reinforce- ment of one thousand light troops, as the enemy had made their approaches within 200 yards of the fort. I was de- termined at all events to hazard a battle rather than suf- fer the garrison to fall a sacrifice. " This morning I marched from the German Flatts for this place. The excessive bad roads and necessary pre- cautions in marching through thick woods, retarded us so much that we have but this moment reached this place, where I met an express with the enclosed letter from Colo. Gansevoort, acquainting me the enemy had yesterday left Fort Schuyler, with great precipitation. I am at a loss to judge their real intentions, whether they have returned home or retired with a view of engaging us on the road. I am inclined to think the former from the account of the deserters, and from their leaving their tents and considera- ble baggage, which our people have secured. I shall im- mediately detach about 900 men, and make a forced march to the fort, in hopes of coming up with their rear, and se- curing their cannon and heavy baggage. My artillery and tents I shall leave here. The batteaux with provisions fol- low me. As soon as the security of the post will permit I shall return with as many men as can be spared. As I came down in batteaux, shall be able to make great dis- patch. I have sent an order for the light troops, if you have sent any, to return to you immediately, and the mili- tia to go home. " I am, &c. " B. ARNOLD. " Honl. M. G. Gates." Resolved, That the sheriff of Ulster be authorized and directed, (at the expense of this State,) to employ such per- sons, and take such measures foi apprehending the disaf- fected persons in the neighbourhood of Kiskatamination, as he shall think proper. Resolved, That Doctor Thomas Jones be requested to examine the prisoners on board the Fleet prison, and in the 1050 JOURNAL OF THE COUNCIL OF SAFETY. jail of Kingston, and report their state of health to this Council. Ordered, That the Treasurer of this State pay unto Comfort Sands, Esq. the sum of seventy-five pounds for his salary as Auditor-General of this Slate, from the twenty- fourth day of April last to the twenty-fourth day of July last. Ordered, That Mr. John Henry, commissary of the clothing store, be directed to deliver to Mr. Abraham B. Bancker, commissary of prisoners, or his order, two coats, two pair of trousers and one pair of shoes, taking his re- ceipt, and charging for the same the current price of the country. The committee to whom was referred the resolutions for supplying the prisoners on board the Fleet prison, deli- vered in their report, which was read and approved, and is in the words following, to wit : " That a committee, formerly appointed to regulate the Fleet prison and appoint proper officers for the same, did, among other things, appoint Cornelius C. Elmendorph to be commissary of the said Fleet prison, and did ordain that he should furnish to the victualler for the use of such of the prisoners as may not be able or willing to provide themselves, with three-quarters of a pound weight of beef, pork or mutton, and one pound of bread per day, with a reasonable allowance of salt, vinegar and fuel ; and also, that he should be allowed eighteen pounds per month for his trouble. " That it appears to your committee, not only that the quantity of provisions is too great, but also, that the mode of supply is very exceptionable and pernicious, tending to raise the price of all necessaries of life, and thereby greatly to distress the poor ; your committee, therefore, propose the following resolutions : " Resolved, That the prisoners on board the Fleet pri- son receive the daily ration of one-quarter of a pound of beef, pork or mutton, or one-half of a pound of fish, and one pound and a half of flour ; and once in every ten days, half a pint of vinegar, one ounce of salt and two quarts of pease ; and that they be supplied once in two days. " Resolved, That Major Tappen and Mr. Harper be and they hereby are empowered and directed to form a contract with some proper person, upon the best terms they can, to furnish such supplies." Colonel De Witt, from the committee to whom was referred the letter from Colo. Peter R. Livingston, relative to the salt by him purchased for the use of this State, re- ported as follows, to wit : " Colo. Peter R. Livingston having represented to the Council of Safety, that the quantity of salt which he hath purchased for the use of the inhabitants of this State, can be most conveniently and with less expense transported to Major Jansen's and Mr. Philip Spencer's. Thereupon : " Ordered, That Colonel Livingston do cause the salt by him purchased for the use of the inhabitants of this State, to be conveyed to Major Dirck Jansen's and Mr. Philip Spencer's; and that he inform this Council of the quantity he shall send to each place. " Resolved, That Mr. Morris and Mr. Hobart be a com- mittee with power to regulate the price, and give such di- rections for the distribution of the said salt as to them shall appear proper." Mr. Hobart who was appointed to meet the committees of the States of New-Hampshire, Rhode-Island, Connec- ticut and Massachusetts Bay, to hold a conference on the state of the paper currency, &c. &c. informed the Coun- cil that he met the said committees, pursuant to his ap- pointment, and was ready to report their proceedings. The said proceedings being reported, and read by Mr. Hobart in his place, it was Ordered, That the same be referred to His Excellency the Governor, and that His Excellency be requested to lay the same before the Legislature at their first meeting. Adjourned until to-morrow, 10 ho. A. M. DIE JOVIS, 10 ho a. Mi August 28, 1777. For the want of a sufficient number of members, ad- journed until four o'clock this afternoon. Die Jovis, 4 ho P. M. Avgl. 28, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Hobart, Mr. Cantine, Mr. Yates, Mr. Harper, Major Tappen, Major Van Zandt, Colo. Be Witt, Mr. Morris. The committee to whom were referred the letters from Zephaniah Plait, Esqr. and Mr. Andrew Billings, reported. And thereupon, Resolved, That John Schenk, Peter Tappen, Andrew Billings and Paul Schenk, Esquires, or the major part of them, be, and they hereby are appointed assistants to the commissioners for detecting and defeating conspiracies, &c. with full authority to execute all the powers of the said commissioners during their absence from the county of Dutchess, and that they be allowed the sum of twelve shillings per day while actually employed in that business. A draft of a letter to these gentlemen on the subject, was read and approved, and is in the words following, vizt : " Gent. — The Council of Safety have appointed you assistants to the commissioners for detecting conspiracies, •fee. and have not the least doubt but you will exert your- selves in detecting and defeating the pernicious designs of the disaffected. The Council are of opinion that those who desert from the enemy and surrender themselves, of- fering to take the oath of allegiance to the State, ought to be admitted to that privilege, and their persons protected. " I am, gentn. your most obt. humble servt. " To Messrs. T. Schenk, Tappen, Billings and P. Schenk.'' Ordered, That the same be signed by the President, and transmitted. A letter from the Hons. Jas. Duane and Wm. Duer, Delegates in Congress, was read, and is as follows : "Philad. 22d August, 1777. "Honor. Gentlemen — Your despatches of the 15th instant we had the honour of receiving, with so minute an account of the situation of our distressed country, and your efforts for its preservation, as you have been pleased to furnish. We left nothing undone to procure the reinforcements which were in our opinion indispensably necessary for your safety. Van Cortlandt's and Livings- ton's battalions will be a seasonable relief, but Col. Mor- gan's corps of riflemen will, we flatter ourselves, be of de- cisive advantages. " The battles in Tryon county and at Bennington, so favourable to our affairs at the most critical juncture, will undoubtedly raise the spirits of our fellow citizens ; and as New-Jersey is called upon for 1,000 men to garrison forts in the Highlands, with an express design to give the militia of our Stale an opportunity of repairing to the northern frontier and reinforcing the army there. It is to be hoped General Burgoyne will meet with an effectual check, if not a total defeat. " General Howe's fleet were seen the 14th instant plying off the Capes of Virginia ; what are his real intentions still remains an uncertainty. South Carolina is the only object worth his pursuit; but against such an enterprise the sea- son seems to be an insurmountable obstacle. Should this however be the case, the army must look to the norihward, for vain will it be to attempt to follow General Howe through the distant and unhealthy climes of the southern States, from which he can vanish at pleasure. " We have the honour to be, with the utmost respect, honor, genilemen, "Your most obedient and very hum. servants, "JAS. DUANE, "WM. DUER. " P. S. Since writing what precedes, an express is ar- rived from Baltimore, giving us a certain account that the JOURNAL OF THE COUNCIL OF SAFETY. 1051 enemy's fleet have entered Chesapeek's Bay, and yester- day morning were near its head ; their army by this time is probably landed. General Washington, with the Ameri- can troops, lies about 20 miles from this city, and we pre- sume will immediately move to the southward and attack the enemy, to whom he is probably superior in numbers, independent of the militia. " The Honl. Council of Safety State of New- York." A letter from the committee of Albany, the instant, was received and read. Ordered, That the same be committed to Mr. Yates and Mr. Cantine. Adjourned until to-morrow 10 ho. A. M. DIE VENERIS, 10 ho. a. m. August 29, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Morris, Mr. Harper, Mr. Hobart, Major Van Zandt, Major Tappen. Colo. De Witt, Mr. Cantine. Elisha Sly, one of the persons sent down from the north- ward, and confined on board the Fleet prison, on suspicion of having joined the enemy, was brought before the Coun- cil, and examined, from which, and the character given of him by Mr. Hansen, there is reason to believe him to be a good subject. Therefore, Ordered, That he, on taking the oath of allegiance, be discharged. And Ordered, That Martinus Cooper, of the manor Living- ston, on taking the oath of allegiance, be also discharged. A petition of several of the prisoners last brought and confined on board the Fleet prison, was read. Ordered, That Mr. Yates and Mr. Van Zandt be a com- mittee to repair to the Fleet prison, examine the prisoners, and report the same. Major Benedict attending, laid before the Council the accounts of certain guards, who have been employed by order of the committee of the county of Westchester. Ordered, That the same be committed to Mr. Hobart and Major Tappen. The committee to whom was referred the memorial of William Harper and Frederick Fisher, on behalf of the in- habitants of Tryon county, delivered in their reports, which beingread was agreed to, and isin the words following, to wit: " Your committee to whom was referred the memorial of William Harper and Frederick Fisher, on behalf of themselves and the inhabitants of Tryon county, beg leave to report : " That in the opinion of your committee, the said inha- bitants are deeply alarmed by the apprehensions of an In- dian war upon their frontiers ; and although your commit- tee cannot pretend to say what ground they may have for such apprehensions, yet they conceive that it is requisite for the honour, and consistent with the justice of the State, to continue to make every possible effort for the security and happiness of its subjects in that part of the country, fur which purpose it will be necessary to have a number of men in arms upon the frontiers to watch the motions of the savages until peace is restored in that quarter. Your com- mittee, therefore, beg leave to submit the following reso- lution : " Resolved, That the letter from Peter Vroman, dated the 20lh of August, 1777, the letter from John Harper, of the same date, and the memorial of William Harper and Frederick Fisher, be transmitted to His Excellency the Go- vernor, and that he be requested to take the most effectual method to quiet and secure the inhabitants of the county of Tryon ; and that it be suggested to his Excellency whether it would not be proper to send, under good officers, 1 50 of the militia of the said county, 150 of the militia of Albany county, 50 of the militia of Ulster county, and 50 of the militia of Dutchess county, to the western frontier of this State, and to request of the commander-in-chief of the northern department, 100 riflemen, who, together with the said detachments of militia, and the garrison of the fort in that quarter, may be employed in defending the said fron- tier, and such of the Indian nations as are or may be in al- liance with us. " All which, nevertheless, is submitted. " ABM. YATES, Jr. Chairman. " Kingston, 29th Augt. 1777." Adjourned until to-morrow, 10 ho. A. M. DIE SABBATI, 10 ho. a. m. August 20, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Hobart, Mr. Harper, Mr. Yates, Mr. Morris, Genl. Scott, Major Tappen, Major Van Zandt, Mr. Morris, Colo. De Wilt. A letter from Colo. John Harper, dated Schoharie, the twenty-eighth instant, was received and read, and is in the words following, vizt : " Schoharie, August 28th, 1777. " Gentlemen — Since we put Capt. McDonald and his army to flight, I proceeded with some volunteers to Har- persfleld, where we met many that had been forced by McDonald, and some of them much abused. Many others were in the woods, who were volunteers ; and as we could not get hands on those that were active in the matter, I gave orders to all to make their appearance, when called on, at Schoharie, in order to give satisfaction to the autho- rity for what they have done ; and if they do not, that they are to be proclaimed traitors to the United States of Ame- rica ; which they readily agreed to, and further declare that they will use their best endeavours to bring in those that have been the cause of the present disturbance. I would, therefore, beg of the Honourable Council of Safety, that they would appoint proper persons to try those people, as there will be many that can witness to the proceedings of our enemy, and are not in ability to go abroad. " From your most obedient, humble servant, "JOHN HARPER, Colo. " P. S. The people here are so confused that they do not know how to proceed. I therefore would beg the fa- vour of your Honourable Body to appoint such men as are strangers in these parts. " To the Honourable the Council of Safety, at Kingston." Ordered, That the same be committed to Mr. Yates, Mr. Morris and Colonel De Witt. Ordered, That Mr. Cantine be added to the committee on Major Wheelock's memorial. The said committee withdrew, and after some time re- turned, and delivered in their report on the said memorial, which was read and approved of, and is in the words fol- lowing, vizt : "Your committee, to whom was referred the memorial of John Wheelock, Esqr. have taken the same into con- sideration, and beg leave to report, that it appears that the late Convention did resolve that the said Wheelock should receive a major's commission and be entitled to Continental pay and rations, provided that within nine weeks from the 8ln day of April List he should have completed the raising of three companies in the service of this State to contain 150 men including non-commissioned officers ; that the sum of 2,000 dollars were advanced to him to enable him to recruit the said companies. " That by a resolve of this board on the 28th of May last, the time for completing said companies was prolonged to the 29th of July. " That on the 17th of Julv this Board did resolve that the said Wheelock should march all the men by him en- listed directly to Kingston, provided that six of the twelve 1052 JOURNAL OF THE COUNCIL OF SAFETY. officers nominated by him should voluntarily discharge themselves fiom the said corps ; that upon their arrival, commissions should be delivered to the respective offi- cers ; provided that not less than 20 men should entitle to a captain's commission, nor less than 15 to a subaltern's ; and that unless the above resolutions be complied with in 4 weeks from the said 17th of July, the said corps to be disbanded. " That it appears that the aforesaid resolution of the 17th of July hath not been complied with, and therefore the said corps are disbanded, and all that remains is for the said Wheelock to settle his accounts." On motion, Resolved, That General Scott be appointed to confer with Major Wheelock on the several proposals contained in his memorial. A petition of John Romer, of Cocksacky, who was ordered to be discharged and was continued in confinement by the sheriff, as having been accessary to the escape of some of the prisoners from on board the Fleet prison, was read. Ordered, That the Secretary take the examination of the witnesses in this case, and if the charges appear to be well founded, that a warrant issue for his continuing in confinement. Ordered, That the Treasurer of this State advance to Mr. Richard Ten Eyck, on account of Colonel Lasher, commissary of the military stores of this State, the sum of forty pounds. Ordered, That the commissary of the clothing store of this Slate deliver to Mr. Monis such clothing as he may require, to clothe a deserter from the enemy, he paying for the same. The committee, on the letter from the committee of Albany, delivered in their report : And thereupon, Resolved, That the commissioners for sequestrating the effects of persons gone over to, or who aie with the enemy, be directed immediately to seize the effects of all such of the inhabitants of the counties of Albany and Tryon, as are gone over unto and joined the enemy, and to dispose thereof, agreeably to the resolutions in that case made and provided. Resolved, That the said commissioners be empowered to remove the wives and children of such disaffected per- sons aforesaid from their habitations, to such place or places as they shall conceive best for the security of the State. Resolved, That the said commissioners (if General Gates shall think it advisable) be empowered to send all or any part of the said women and children to their said hus- bands. A draft of a letter to General Gates on the subject of the said resolutions, was read and approved of, and is in the words following, to wit : " Sir — You will perceive, by the enclosed resolutions, that this Council are desirous of securing the families and effects of those who, during the present invasion or that last fall, have gone over to the enemy. We have, there- fore, ordered the commissioners to lake your advice and directions upon that subject ; but should you think it best to send all or any part of them to the enemy, you will please to give to the commissioners your assistance for that purpose. " I am, with respect, sir, " Your most obt. humble servt. " The Honble. Major-Genl. Gates." Ordered, That a copy (enclosing a copy of the resolu- tions) be signed by the President, and transmitted. Ordered, That Colonel Lasher, or his deputy, deliver to Mathew Cantine, Esqr. or order, fourteen pounds of gun- powder, for the use of the mine working at Rochester, by order of the late Convention. Adjourned until to-morrow morning, 10 ho. A. M. DIE LUN^E, 10 ho. a. m. September 1, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Canline, Mr. Hobart, Mr. R. R. Livingston, Mr. Morris, Genl. Scott, Colo. De Witt, Major Tappen, Major Van Zandt. A letter from Colo. Abraham P. Lott, dated at Boston August 14th, 1777, was read, and is as follows : " Boston, Augt. Uth, 1777. " Gent. — I arrived here this morning from Plymouth ; also the salt which I bought from Corn. Nelson ; no teams to be had at present, as the farmers are getting in their hay. I am in hopes next week to get it forward to Spring- field. I have been eastward as far as Cape Ann and Newbury-Port, where I found several parcels salt, but could purchase none except one parcel, which they ask 30s. per bushel, and forty miles farther to cart ; judge best to leave it. " This day 1 received a letter from Thomas Momford, Esqr. who informs me he had delivered the salt in his possession to Messrs. Watson and Spooner, merchants in Plymouth, which place I intend to set out for to-morrow. I have been here with the gentlemen who do the business for General Trumbull ; they told me I could not expect to get that salt changed for any other, as they had been at great expense and trouble to get the salt sent in the coun- try. " If I get the salt, shall forward it to Springfield, as it will save, 18 or 20 miles nearer to Springfield to come to our Slate than to Hartford ; hope you will approve of, as you ordered me to send it to Hartford. " I have called on the board of war here several times for the 500 bushels salt, which was short of the 1,500 or- dered by Council and Assembly ; they told me they had none ; this morning went to the Speaker of the House of Assembly and asked him if any dependence could be made of me having the 500 bushels salt ; he told me he believed they could not spare it, as they fell short themselves, but would try what he could do. I told him I expected they would have made a present of the 500 bushels to the poor of our State. But a person gets very little by begging here ; their whole scheme is to get money, and the spirit of liberty dies away. " Great many long faces since the account of Tycon- deroga, and most of them condemn General Schuyler, but can give no reason. Jusl now heard that the prize ship loaded with salt, which had been laying eastward this six weeks was arrived ; am in hopes getting the quantity salt ordered. There will be by the latter end of next week about 150 casks salt at Old Canaan, at Capt. Lawrence's, which I have informed Mr. Benson of. If you think pro- per to order it to olher place or places you will write to me at Springfield. Direct my letter to the care of Mrs. Thomas Wellenston, at Springfield, where I shall be obliged lo be some time to forward that salt and get it in order. " Gt. I remain your humb. servant, "ABM. P. LOTT." Ordered, That the said letter be committed to Mr. Hobart. A letter from His Excellency Governor Trumbull, dated August the fourteenth, enclosing an account of Joshua Downer, for the maintenance and support of one Swords and one Dougall Campbell, disaffected persons sent from this State to Connecticut, was read. Ordered, That the same be referred to the Auditor- General of accounts. A letter from the commissioners of sequestration, in Westchester county, signed by Samuel Drake, assigning the reason for their conduct with respect to the property of Stephen De Lancy, was read and filed. JOURNAL OF THE COUNCIL OF SAFETY. 1053 Resolved. That this Council approve of the conduct of the commissioners of sequestration, in Westchester coun- ty, with respect to the property of Stephen De Lancey, and that they be directed to proceed in the business. On reading the petition of Barnardus Bratt, on behalf of his son John Bratt, who is confined on board the Fleet prison, charged with inimical practices against the United States, Resolved, That the said John Bratt, on his father Bar- nardus Bratt's giving bond in the sum of one thousand pounds for his future good behaviour be discharged. Adjourned until the afternoon 4 ho. Die Lun.b, 4 ho. P. M. September 1, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esq. President. Mr. Harper, Mr. Yates, Mr. Morris, Mr. R. R. Livingston, Mr. Hobart, Mr. Cantine, Genl. Scott, Major Tappen, Major Van Zandt. The committee to whom the letter from Colonel John Harper of the twenty-eight of August last, was committed, delivered in their report, which being read, was approved, and is in the words following, vizt : " Your committee to whom was referred the letter from John Harper, of Try on county, of the 28th Augt. 1777, beg leave to report : That in the opinion of your commit- tee it is not warrantable by the Constitution to institute a new court for the trial of offences committed in the said county ; and further, that it would be improper to bring the prisoners in the said letter mentioned, to this place, but that as well for the sake of justice as to awe the disaffect- ed in that part of the Slate, it will be proper that a court of oyer and terminer and general jail delivery should be held in the said county as speedily as possible ; and fur- ther, your committee beg leave to submit the following draft of a letter to the said John Harper: " Sir — Your favour of the 28th of August last, was re- ceived and communicated to the Council. They congra- tulate you on the successes of our arms in that quarter, which must be doubly grateful to the brave inhabitants of Tryon county, whose virtuous exertions have so greatly contributed to it. " The trial and punishment of those inhuman wretches who have combined with a savage foe to imbrue their hands in the blood of the innocent demands a speedy at- tention. But while the Council agree with you in the im- propriety of removing them to any distance from the wit- nesses of their guilt, they cannot consent, nor indeed are thev empowered to institute any new court for the trial of such offences. These wicked parricides however detesta- table, are neverthelees by our free constitution entitled to the inestimable privilege of a trial by their peers. A court of oyer and terminer will be held in your county as soon as the present storm hath a lillle subsided. In the mean- time the public officers of the county will exert themselves to detect, apprehend and secure the rebels. " I have the honour to be, &c. " All which nevertheless is submitted. " P. S. You will be pleased to communicate this letter to the committee of Schohary, and to such other persons as may be concerned in it." Resolved, That the commissary of the Fleet prison be served with a copy of the regulations of the twenty-seventh of August last, for victualing the prisoners on board the Fleet prison ; and that he be directed to victual the said prisoners agreeably thereto. Resolved, That the said commissary be directed to sup- ply the State prisoners in Kingston jail with one pound and a half of bread per day, and that the jailer supply them with water. Ordered, That the Treasurer of this State advance to Abraham Keater, sergeant of a detachment of Captain Salisbury's company of lighthorse in Ulster county, now 264 in service by order of His Excellency Governor Clinton, the sum of one hundred dollars, on Continental account. Adjourned until to-morrow morning 10 ho. DIE MARTIS, 10 ho. a. m. September 2, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Genl. Scott, Mr. Hobart, Major Van Zandt, Major Tappen, Mr. Jay, Mr. R. R. Livingston, Mr- Yates, Mr. Cantine, Colo. i)e Witt, Mr. Gilbt. Livingston, Mr. Harper, Mr. Morris. A petition of Henry Lyon, late of New-York, at pre- sent of Reading township, in Hunterdon county, New- Jersey, setting forth that on the approach of the enemy's fleet in the harbour of New-York, he removed his effects into Dutchess county ; that he removed with his family into New-Jersey, where he continued to reside ; that the commissioners of sequestration in Dutchess county have disposed of his property on a groundless suspicion that he was with the enemy in New-York ; and therefore prays that the Honourable Council will be pleased to order the amount of the sale of his said property to be returned to him, or such other relief as may be thought just and equi- table ; was read and filed. A certificate, signed bv James Cole, one of the justices of Hunterdon county, John Mihelm, member of Assembly for the said county, John Taylor, colo , Ebenezer Barry, captain, and Dennis Wikoff, certifying that the said Henry Lyon has resided amongst them since last Christmas, and has, to the best of their knowledge, always shown him- self a friend to his country, and has served in the militia with his neighbours ; and an account, certified by Henry Livingston, Junr. one of the commissioners of sequestra- tion for Dutchess county, of the articles which were the property of the said Henry Lyon, and sold by the said commissioners, amounting to forty pounds seven shillings and four pence, were also read and filed. The said petition and papers being taken into conside- ration, Ordered, That the Treasurer of this State do pay to the said Henry Lyon the sum of forty pounds seven shil- lings and four pence, being the amount of the sales of his property, sold by the commissioners of sequestration in Dutchess county, and paid into the treasury. Ordered, That the Treasurer of this State transmit to the commissioners for inquiring into and defeating all con- spiracies, &c. the sum of two hundred pounds, to be by them disposed of in secret services, agreeably to such di- rections as shall be given them by the Honourable John Jay. Mr. Hobart reported the draft of a letter to Colonel Abraham P. Lott, in answer to his received yesterday, which was read and approved of, and is in the words fol- lowing, to wit : " Sir — Your favour of the 14th ulto. has been laid be- fore the Council. They approve of your sending the salt by the route of Springfield, and desire you will forward the whole of it with all possible despatch to Old Canaan, as it is exceedingly wanted. Should you have occasion to wait on the board of war or the Speaker of Assembly again, it will be advisable to say nothing more about their presenting any salt to the poor of this State. We meant not to beg, but to purchase from our neighbours. As the Legislature will probably meet in a day or two, when the powers of the Council of Safety will be at an end, it is re- quisite that you advise His Excellency the Governor of the arrival of the salt on the borders of the State. " I am, sir, " Your most obedient, humble servt, " Colo. Abraham P. Lott," 1054 JOURNAL OF THE COUNCIL OF SAFETY. Ordered, That a copy thereof be signed by the Presi- dent, and transmitted. On reading the petition of William Bedell, of Glouces- ter county, sent down and confined on board the Fleet pri- son on suspicion of having joined the enemy, and the ex- amination of Captain William Gage and Lieutenant Peter Roberts, taken before Mr. Gilbert Livingston and Mr. Tredwell, Resolved, That on his taking the oath of allegiance to this State, he be discharged. Adjourned until this afternoon 4 ho. Die Martis, 4 ho. P. M. September 2, 1777. The Council met pursuant to adjournment. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Jay, Mr. Harper, Mr. Cantine, Mr. Hobart, Genl. Scott, Mr. Morris, Colo De Witt, Major Van Zandt, Major Tappen, Mr. Tredwell, Mr. Gilbt. Livingston, Mr. R. R. Livingston. A letter from Colo. Morris Graham to His Excellency the Governor, dated at Van Schaick's island, August the thirty-first, enclosing an arrangement of the officers of the regiments of drafts from the militia under his command, and requesting commissions may be made out for such of them whose names are marked with an asterism, was brought into Council (by the Secretary) by the direction of His Excellency. The same was read and immediately taken into conside- ration. Resolved, That His Excellency the Governor be em- powered and requested to grant brevets to such officers of Colo. Graham's regiment of drafts (from the militia) serv- ing in the northern army, as have not commissions for the rank they now hold in the regiment. Mr. Jay dissents to the aforegoing resolution. Ordered, That Doctor Luke Keirstead be authorized and requested to visit the Fleet prison and Kingston jail at least twice a week, and whenever he shall be required by the warden or jailer of the said prison dr jail, and that he attend such of the prisoners as are indisposed. Adjourned until to-morrow morning 10 ho. DIE MERCURII, 10 ho. a. m. September 3, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Yates, Mr. Harper, Mr. Jay, Mr. Piatt, Mr. Hobart, Mr. R. R. Livingston, Genl. Scott, Major Tappen, Mr. Gilbt- Livingston, Major Van Zandt, Colo. De Wilt, Mr. Tredwell, Mr. Morris. Egbert Benson, Esqr. one of the commissioners for de- tecting and defeating all conspiracies, &c. attending, in- formed the Council of the proceedings of their board while at Canaan, Kinderhook, Claverack, &c. He further in- formed that many of the persons apprehended and lately sent from that quarter, and who are now confined on board the Fleet prison, were apprehended only on suspicion of having joined the enemy. Ordered, That Mr. Benson, together with Major Van Zandt and Mr. Harper, do proceed to the Fleet prison and examine the State prisoners lately apprehended to the northward, and that they be authorized to discharge such of them as they may think proper. An account of Colo. Jacob Hornbeck, amounting to eleven pounds sixteen shillings and six pence for his dis- bursements on the expenses attending the execution of Ja- cobus Rosa and Jacob Middagh, was delivered in and read. Ordered, That the said account be referred to the Au- ditor-General, and that he audit the same for payment. Ordered, That Henry Schcnk, Esqr. deliver to Messrs. Gideon Ver Veelen and Abraham Schcnk, two bushels and a half of the salt, now in his possession, belonging to this State, of the use of the indigent persons under their care, and lake a receipt for the same. An examination of Johannes Oosterhout, Junr. and Ni- cholas the Indian, taken the twenty-third day of August, 1777, before Jacob Hornbeck, as they just returned from the Indian country, was sent into Council by His Excel- lency the Governor, for the consideration of Council, and their opinion and advice thereon, and is in the words fol- lowing, vizt : " 1st. They depose and say that the Indians have aban- doned the Kookhouse, and are all moved back as far as An- quago or Coleiien, being afraid of the people of Esopus and Minisinck; as said Indians had received information be- fore they moved, that 2,000 men were coming up to de- stroy them, and therefore the said Indians had kept out a scouting party towards Shokaken, till such time as said Oosterhout and Nicholas came and told them the contrary. " 2ndly. That the most part of the young Indians were gone to join Butler at Fort Stanwicks, and the wife of the chief sachem of the Five Nations had made a request to the sachems, that all the Five Nations should be desired at once to hold themselves neutral in the present contest or war ; which request was granted her : whereon the chief sachem should immediately request the said Five Nations to slop their hostile measures, and come in again with those that have hitherto been still ; and if the young Indians should refuse to return, but continue with Butler in the war, then the sachem offers to be at peace and con- tinue in friendship with the people at Esopus, Minisink, Papackunk, Kasshigton, Wyamonck, and all settlements to the southward thereof, so that war should only be to the north ; and if any of their young men should be killed to the north, they should not mind it or break friendship; and if any of our men should go in the war to the north, and be killed, we should likewise not mind the same or break friendship. " 3dly. An Indian is sent with Oosterhout and Nicholas by the sachem, to Colo. Hornbeck to see how times are with him, and to desire of said Hornbeck that a correspon- dence may be kept with Esopus people and the sachems, notwithstanding the war to the north ; and that once every three or four weeks, a man may pass and repass between them, so that the women and children may be at peace and their work on both sides ; and that the road on the side of the Indians shall be constantly open for us safely to come to them and return. " 4lhly. That the Oneida Indians are heartily in favour of America, and very likely a war will soon break out with them and other nations." The said examination or message being read and con- sidered, the Council came to the following resolutions, to wit : Resolved, That in the opinion of this Council, the mes- sage from the Indians of Oneoghquago, which hath been laid before them by His Excellency the Governor, is an insult to this Stale ; and that it is inconsistent with the honour and interest of the Stale to consider them in a state of neutrality, while their warriors are engaged against us. Mr. Yates .ind Colo. De Wit dissent. Resolved, That in the opinion of this Council it will be proper ir His Excellency to inform the aforesaid Indians, that tifless their warriors are called in a >d return immedi- ately, Hie said Indians will be considered and treated as open enemies. Mr. Yates and Colo. De Witt dissent. Resolved-, That the Governor be empowered to take into pay such of the Indian warriors as may choose to enter into the service of this State. Mr. Yates dissents. Resolved, That the Oneida nation are the allies of this Slate, and that we shall consider any attack upon them a? an attack upon our own people. The committee to whom was referred the pay and sub JOURNAL OF THE COUNCIL OF SAFETY. 1055 sistence rolls of the men raised by order of the committee of Westchester county, for the defence thereof, as also the proceedings of the said committee thereon, delivered in their report, which was read and approved of, and is in the words following, to wit : " That it appears to your committee that the late Con- vention of this .State did, in and by a certain resolution, bearing date the sixth day of May last, resolve in the words following, to wit : " Resolved, That the committee and field officers of the county of Westchester, be empowered to raise as many men as they can for the defence of the said county, and that this Convention will defray the expense thereof. " That the committee and field officers of the said county did order a certain number of men to be raised for the de- fence of said county, by virtue of the said resolve, to con- tinue in service until the first day of January next, unless sooner discharged ; and did agree to pay to each private six pounds per month, and rations ; or in lieu of rations, two dollars per week to each sergeant ; seven pounds per month to each corporal ; fifer and drummer, six pounds ten shillings per month, together with the same rations or allowance as the privates ; and to the commissioned officers Continental pay and rations, or in lieu of rations, twenty- one shillings per week. "That it appears from the pay and subsistence rolls, that eighty-eight men, officers included, have been raised, in consequence of said resolve, and are now in actual ser- vice in the said county ; and that the said pay and subsis- tence rolls, from the first day of June last to the first day of August, being two months, amounts to one thousand five hundred thirty-two pounds three shillings and six pence. " Your committee, after having stated the above facts, are of opinion, that the aloresaid committee and field offi- cers were not authorized or warranted, by the true con- struction of the said resolve, to raise the said men on any other than the usual pay ; and that the retaining in pay any corps at the extravagant rate of wages on which these have been engaged, would be attended with very evil conse- quences. " 1st. By affording the militia of every other county in the Slate, when called into actual service, an equitable claim to the same extravagant pay, especially where the county from which they might be ordered should be equally exposed to the incursions of the enemy. " 2dly. The establishing a pay for the militia service so far above the Continental pay, would greatly retard the filling of the Continental regiments engaged to be raised by this State. " Your committee are, nevertheless, of opinion, that the committee of the county of Westchester might possibly have been led into a misapprehension of the above recited resolution, from its containing no express limitation of the pay they were empowered to offer ; and that it would be unjust to leave the said committee bound for the payment of the wages of the troops r, ised in consequence of the above resolution, since they v, ere probably prompted to the measure bv tht-r endeavour to serve the public." Resolved, therefore, That the said pay and subsistence rolls be audited, and that the rangers raised in the county of Westchester, be immediately disbanded, unless they shall be willing to serve hereafter for Continental pay, and the above allowance for rations. Resolved, That the committee of the county of West- chester, account immediately with the Treasurer of this State for the proceeds of the sale, and all such effects as have been taken in the said county by the said corps of rangers. Adjourned until 4 ho. P. M. Die Mercurii, 4 ho. P. M. September 3, 1777. The Council met pursuant to adjournment. Pkesent— Pierre Van Cortlandt, Esqr. President. Genl. Seott, Mr. Yates, Mr. Tappen, Mr. Plait, Mr. Tredwell, Mr. R. B. Livingston, Mr. Gilbt. Livingston, Mr. Hobart, Colo. De Witt. Ordered, That the Treasurer of this State pay unto the Honourable John Sloss Hobart the sum of twenty-two pounds, two shillings and one penny, for his account of expenses on his journey to Springfield, in Massachu- setts Bay, by order of this Council. On information that Cornelius C. Elmendorph, commis- sary of the Fleet prison, has neglected to supply the State prisoners in jail with bread agreeably to the order of this Council of the first instant, and that the said commissary intends to resign the said office of commissary in one week : Ordered, That the said Cornelius C. Elmendorph, com- missary, &c. be, and he hereby is, peremptorily ordered forthwith to comply with the order of this Council of the first instant, for supplying the State prisoners in Kingston jail with bread, and that he be informed that a resignation of his office will not be accepted of, until another commis- sary be provided, and sufficient time allowed him to pro- cure a supply of provisions. The Council being informed that those men of Capt. Payne's company who, by order of Council, have joined Captain Schoonmaker's company, on a supposition that they belong to Major Wheelock's corps, who are disbanded, have applied for passes to return home : Thereupon, Ordered, That the said men be informed that they did not belong to Major Wheelock's corps at the time they were ordered to join Captain Schoonmaker's company ; and that Captain Schoonmaker be directed not to permit any of the said men to depart or quit his company, without orders from His Excellency the Governor, or this Council. A letter from the Auditor-General informing Council that Colo. Lasher hath delivered of the military stores of the State, to the committee of Westchester county, without orders from Council, was read. Ordered, That a copy of the said letter be transmitted to Colo. Lasher, and that he be directed to inform the Council of his reasons for delivering out military stores without orders. DIE JO VIS, 10 HO. A. M. September 4, 1777. The Council met pursuant to adjournment. Prayers as usual. Present— Pierre Van Cortlandt, Esqr. President. Mr. Tappen, Mr. Harper, Mr. Jay, Mr. Hobart, Mr. Yates, Mr. Robt. R. Livingston, Mr. Gilbt. Livingston, Mr. Tredwell, Mr. Piatt, Major Van Zandt. The memorial of James Place, confined in Kingston jail, and the petition of William Cameron, and the other six prisoners brought by Major Wynkoop and his party from Schoharie, were read. Ordered, That the same be committed to Mr. Harper and Mr. Tappen. Adjourned until to-morrow morning, 10 ho. A. M. DIE VENERIS, 10 ho. a. m. September 5, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Jay, Mr. Hobart, Mr. Morris, Mr. Yates, Mr. Piatt, Mr. Robt R. Livingston, Mr. Tappen, Major Van Zandt, Mr. Harper, Col Witt, Genl. Scott, Mr. Gilbt. Livingston. 1056 JOURNAL OF THE COUNCIL OF SAFETY. A letter from Colo. John Broome, dated at Hartford, August 27th, informing that application has been made to His Excellency Governor Trumbull, in behalf of some of the refugees ot this State residing in Connecticut, for per- mits to export flour to the French West India Islands ; and that His Excellency is desirous of the previous con- currence of the Council of Safety of this State to the mea- sure, was read. Ordered, That the same be referred to Mr. Robert R. Livingston. A draft of a letter to the Honourable Major-General Gates was read and approved of, and is in the words fol- lowing, to wit : " Sir — Some lime last winter a number of sick from the northern department, on their way to Pennsylvania, were obliged to stop at this place, and continued here under the care of the committee for a considerable lime ; the expense accruing from the supplies of the necessaries to them, amounts to the sum of one hundred and thirty-three pounds fourteen shillings : applications have been made for the money, but have, I suppose, by not applying to the proper person, miscarried. I am requested, sir, to take your direc- tions whether the accounts are to be audited by the pay- master, the director of the hospital, or paid by your order from the military chest. " I am, sir, with respect, "Your most obedient hum. servt. " Major-Genl. Gates." Ordered, That a copy thereof be signed by the Presi- dent, and transmitted. Ordered, That the Treasurer of this State advance to Cornelius C. Elmendorph, commissary of the Fleet prison, the sum of one hundred and fifty pounds, on account. Ordered, That the commissary of the clothing store of this Stale, deliver to General Scott two pair, and to Thomas Tredwell one pair of shoes, they paying for the same. Ordered, That the Treasurer of this State pay unto Francis Filken, Esqr. on the credit of the city and county of New-York, the sum of ten pounds, for services by him performed by order of the general committee of the said city and county. Mr. Robert R. Livingston, to whom a letter from Colo. Broome was committed, reported the draft of a letter to Governor Trumbull on the subject thereof, which was read and approved of, and is in the words following, to wit : " Sir — The Council have directed me to enclose to your Excellency, the copy of a letter which they have received from Mr. Broome, and to present you their thanks for the attention you are pleased to pay to their sentiments. They can have no objections to your Excellency's granting the indulgence requested under such restrictions as you may think prudent. " I have the honour to be, "Your Excellency's most obt. hum. servt. " His Excellency Govr. Trumbull." Ordered, That a copy thereof be signed by the Presi- dent, and transmitted. The memorial of Thomas Eltinge, praying leave to enlist men from on board the Fleet prison to serve as ma- rines on board the Montgomerie Continental frigate, was read. Ordered, That the same be committed to Mr. Harper and Major Van Zandt. The committee to whom were referred the memorial of James Place, and the petition of William Cameron and the other six prisoners brought by Major Wynkoop's party from Schoharie, delivered in their report, which was read, amended and agreed to, and is in the words following, to wit : " That it appears that the said James Place is a very suspicious character ; that his testimony with respect to himself cannot be admitted, and therefore that he be con- tinued in close confinement. " That it appears from the said petition of William Cameron and the six prisoners brought with him as afore- said, that they have, contrary to the resolutions of this Stale, aided and assisted the enemies thereof, by taking up arms against it, and therefore, that they be confined in irons in one of the jail rooms of Kingston, and that the sheriff, with the advice of Major Van Zandt and Mr. Har- per, do cause as many of the least dangerous of the pri- soners in the said jail to be removed to the Fleet prison. Adjourned until this afternoon 4 ho. Die Veneris, 4 ho. P. M. September 5, 1777. The Council met pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. President. Mr. Hobart, Mr. Yates, Mr. Harper, Mr. Piatt, Colo. De Witt, Genl. Scott, Major Van Zandt, Mr. Gilbt. Livingston, Mr. Tredwell, Mr. Jay. A letter from Theodorus Van Wyck and Isaac Sheldon, commissioners for sequestration in Dutchess county, was received, read, and is in the words following, vizt : " Kingston, Sept. 5th, 1777. " Sir — We have lately discovered a quantity of goods, belonging to Mr. Peter Styvezandt and others, now with the enemy, in the possession of Mrs. Ten Broeck, and have some reason to believe there is a farther quantity which she conceals, and refuses to give evidence concern- ing them. " Although we are authorized, where we suspect a con- cealment, to examine persons upon oath, yet we conceive our powers defective, as we have no authority to compel the witnesses to swear, in case they should refuse. We thought it our duty to inform you of this matter, with a request that you will please to lay it before the Council of Safety, and should be glad of their advice and direction. " We remain your most obedt. humb. servts. "THEODS. VAN WYCK, "ISAAC SHELDON, " Commissioners of Sequestration for Dutchess county. Resolved, thereupon, That in all cases whatsoever in which the commissioners of sequestration are, by any for- mer resolution of this Council or the Convention of this State, authorized to examine any person as a witness, on oath, the said commissioners be and they hereby are em- powered to commit to the jail of the county every person who shall refuse to be examined on oath, as a witness, by the said commissioners, in the execution of their office, until such persons shall submit to such examination on oath as aforesaid. Resolved, That the jailer of Kingston be and he is hereby directed to serve out to the prisoners confined in the said jail, the bread which shall be brought for their use by the commissary or baker. Resolved, That Cornelius C. Elmendorph, commissary of the Fleet prison, be allowed a reasonable compensation for his extraordinary services. Adjourned until to-morrow 10 ho. DIE SABBATI, 10 ho. a. m. September 6, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Jay, Mr. Hobart, Mr. Yates, Colo. De Witt, Mr. Harper, Mr. Gilbt. Livingston, Mr. Piatt, Genl. Scott, Major Van Zandt, Mr. Tredwell. The petition of Andreas Ten Eyck, confined on board the Fleet prison, in irons, praying that his irons be taken off, that he may be enabled to clean and shift himself, was read. JOURNAL OF THE COUNCIL OF SAFETY. 1057 Ordered, That his irons be taken off, for the purpose of cleaning and shifting himself, as often as the warden shall think the same necessary, and that they be immediately put on again. On motion of Mr. Harper, seconded by Mr. Hobart, Resolved, That a committee be appointed to draft and report a resolution, offering free pardon (under certain re- strictions) to such of the subjects of this State as (since the evacuation of Ticonderoga) have joined the army under the command of General Burgoyne, and have since returned. Ordered, That General Scott and Mr. Hobart be the committee. Adjourned until 4 ho. P. M. Die Sabbati, 4 ho. P. M. September 6, 1777. The Council met pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. President. Genl. Scott, Mr. Tredwell, Mr. Harper, Mr. Piatt, Mr. Hobart, Mr. Yates, fllajor Van Zandt, Mr. Gilbt. Livingston. Genl. Scott and Mr. Hobart, according to order of this morning, reported a resolution on the subject of granting free pardon to such persons as, since the evacuation of Ty- conderoga, have joined Genl. Burgoyne, and who may re- turn, which was read and amended, and agreed to, and is as follows : " Whereas by the abandonment of Tyconderoga and the sudden irruption of the enemy into the northern pans of this State, in consequence thereof many well disposed subjects, impelled by their fears, have not only taken pro- tections from the enemy, but have joined the army under the command of Genl. Burgoyne : And whereas it is probable that such of the subjects of this State as afore- said on a due consideration of the reestablishment of our affairs in the northern department, will think themselves happy in an opportunity of returning to their allegiance to this State if they may be secured against punishment for their defection ; by which means the enemy's army may be greatly diminished and the American forces in the north- ern department may receive considerable reinforcements, an event which will necessarily tend to the safety of this State : "Resolved, therefore, That the Commander-in-Chief of the Continental army in the northern department, shall be and is hereby authorized in the name and by the authority of this State, to grant full pardon and indemnification to all such persons as aforesaid who shall deliver themselves up to the said Commander-in-Chief, or any other officer under his command, on or before the first day of October next ; provided always that no person shall be entitled to such pardon and indemnification who shall refuse to take an oath of allegiance to this State, which the said Commander- in-Chief, or any officer appointed by him for the purpose, is hereby authorized to administer." Mr. Hobart and Mr. Tredwell dissent. A draft of a letter to the Honourable Genl. Gates, on the same subject, was read, and follows in the words to wit : " Sir — The preamble of the enclosed resolution will at the same time open to you the design of this Council in passing it and point out its true objects. It is the desire of this Council that a proclamation be issued by you grounded on the said resolution ; but as some of the mat- ters recited in the preamble are only designed as a justifi- cation on record of our conduct in this instance, we re- quest that in your proclamation you insert no more of the preamble than will be necessary to characterize the persons to whom it is intended to give the benefit of the resolution. " I am, with respect, sir, " Your most obt. humble servt. " Major-Genl. Gates." 265 DIE LUN.E, 10 ho. a. m. September 8, 1777. The Council met pursuant to adjournment. Prayers as usual. Present — Pierre Van Cortlandt, Esqr. President. Mr. Hobart, Mr. Tredwell, Mr. Jay, Mr. Canline, Mr. Piatt, Major Van Zandt, Major Tappen, Colo. De Witt. Whereas it hath been represented to this Council that Benjamin Elmendorph and Abraham Heermans, two of the constables in Ulster county, are enlisted in Captain Schoon- maker's company of guards, and thereby prevented from executing the duties of the said office : Ordered, That Captain Schoonmaker do discharge the said Benjamin Elmendorph and Abraham Heermanse from his company, and that he enlist two men in their stead. Whereas it is represented to this Council that a ser- geant of Captain Bevier's company in the Continental army hath enlisted in the said company prisoners of war while on parol : Resolved, That this Council highly disapprove thereof, and that the commissary of prisoners of war in this State do without delay order the said prisoner to return and re- main at Kingston agreeably to his parol. A letter from Doctor John Jones, of the seventh instant, informing that his ill state of health for three weeks past has not permitted him to comply with the most pressing calls of duty in his own profession, and as he always suf- fers a pretty long continuance of his asthmatic complaints at this season of the year, he is more than apprehensive that it will not be in his power to attend the Senate at this very important part of their session, for which reason, as well as the general ill health under which he has the mis- fortune to labour, notwithstanding the warmth and sincerity of his disposilion to render any services in his power to the common cause of freedom and his country, he could wish the Council of Safety to think of some person whose health and abilities united, may better qualify him to sup- ply in Senate the nomination with which they have lately honoured him, was read and filed. Thereupon, A letter (in answer) was sent to Doctor John Jones, and is in the words following, vizt : " Sir — Your letter of the seventh instant has been re- ceived and laid before the Council. They regret your ab- sence from the Senate, and the more so, as it is occasion- ed by want of health. They hope that obstacle will be soon removed ; and that you will embrace the first oppor- tunity of rendering your country those services which they have a right to expect from your zeal and abilities." " I am with respect, " Your most obt. humb. servt. " Doctor John Jones." Ordered, That a copy thereof be signed by the Presi- dent, and transmitted. Ordered, That the Treasurer pay on the certificate of one of the Secretaries to each of the members of the Council such sums of money as shall be due to them for their attendance on the business of the same, agreeably to a resolution of the late Convention, of the day of the last. Ordered, That Asa Harrington, sergeant of the guard, who brought the prisoner from Albany this day, and who are to return immediately, to take charge of and convey to the city of Albany, Samuel lngerson and John Ryley, sup- posed to have deserted from Glover's brigade, and Nathan Moulton and James Beverly, two other deserters, and de- liver them to the commanding officer there. The Council taking into their further consideration the resolution of the sixth instant, authorizing General Gates to issue a proclamation under certain restrictions, offering full pardon and indemnification to such of the subjects of 105S JOURNAL OF THE COUNCIL OF SAFETY. this State as have since the evacuation of Ticonderoga ta- I ken protection of or joined the army under the command of um), Burgoyne, agreed to the following letter on the subject, to wit : " Sir — I wrote you on the sixth instant by direction of the Council of Safety, enclosing a resolve empowering you to issue a proclamation, offering a pardon to such well dis- posed subjects of this Slate, who impelled by their fears nave either .accepted protection from or joined the enemy's army. As the propriety of such a proclamation must de- pend on facts, of which the Council are not fully informed, and which fall immediately within your notice, they refer it entirely to your discretion, either to issue or withhold it as you shall judge will be most advantageous to the com- mon cause. " I have the honour to be, sir, " Your most obt. hum. servt. " To Major-Genl. Gates." Ordered, That a copy thereof be signed by the Presi- dent, and transmitted. A letter from Henry Cuyler, of the county of Albany, a prisoner of war, on parol, and who hath violated his said parol by departing beyond the limits prescribed for his resi- dence, dated at Greenbush, the 4lh instant, and directed to the chairman and gentlemen of the general committee of the city and county of Albany, was transmitted by the said committee for the consideration and directions of this Council. The same being read and considered, Resolved, That the committee of Albany be requested to send the said Henry Cuyler (under proper guard) to the Fleet prison at Esopus Landing. Adjourned until 4 ho. P. M. Die LuNiE, 4 ho. P. M. September 8, 1777. The Council met pursuant to adjournment. Present— Pierre Van Cortlandt, Esqr. President. Gent. Scott, Mr. Tappen, Mr. Harper, Mr. Yates, Mr. Piatt, Mr. Jay, Mr. Cantine, Mr. Hobart, Colo. De Witt. The Secretary, Mr. Benson, informed the Council that on the day of last, several letters were brought from New-York by a flag of truce, to Peekskill, and sent by the commanding officer there to the then con- vened at Fishkill ; that among the said letters was one from Anthony Van Dam, at New-York, directed to James Du- ane and Peter R. Livingston, Esqrs. containing one hun- dred and sixty dollars of the currency, emitted by the Con- vention of this State, which Mr. Van Dam requested those gentlemen to pay to Robert Livingston, Esquire, on his ac- count ; and that by order of the said of the of last, the said Secretary was directed to keep the said money in his custody until further order. Ordered, That the Secretary deposit the said one hun- dred and sixty dollars into the treasury of this State. Resolved, That the Revd. Doctor John Rodgers be allowed the sum of one hundred and eighty pounds, to defray the expenses of the removal of his family to this place, at the request of the late Convention, and for his past services as chaplain to this Council. And Ordered, That the Treasurer of this State pay the said sum to Doctor Rodgers. The committee appointed to devise and report the most proper method for the distribution of the salt, (purchased on account of this State for the use of the inhabitants thereof,) reported the following resolutions, which were read and approved of, to wit : Resolved, That the said salt be deposited in three diffe- rent parcels, to wit : 1,700 bushels thereof at the landing of Robert Livingston, Esquire, in the manor of Livingston; 1,700 bushels thereof at the landing of William Radliff, in Rhinebeek precinct; and 1,600 bushels thereof at the store of James Reade, in Dutchess county, including the salt in the store of Henry Schenk, Esqr. under the care of commissioners. That the said Robert Livingston, William Radliff and James Reade be commissioners for receiving and delivering out the said salt to the orders of the different county com- mittees ; and that each of the said commissioners be and hereby is allowed the sum of three pence per bushel, as per invoice, for receiving, storing and delivering out the said salt, to be paid by the Treasurer of the State, on order from the Auditor-General, before whom the said commis- sioners shall make due proof, on oath or otherwise, of such receipt and delivery. Resolved, That the said commissioners deliver to the order of the chairman of the several county committees, the number of bushels, to wit : to the chairman of the committee of the county of Albany, or his order, 1,100 bushels ; to the chairman of the committee of the county of Tryon, or his order, six hundred bushels ; to the chair- man of the committee of the county of Dutchess, or to his order, one thousand bushels ; to the chairman of the com- mittee of the county of Westchester, or his order, five hun- dred bushels ; to the chairman of the committee of the county of Orange, or his order, five hundred bushels ; and to the chairman of the committee of the county of Ulster, eight hundred bushels. Resolved, That the committees of the said counties do appoint commissioners in their respective counties to sell the said salt, who shall be sworn before the chairman of the committee faithfully to discharge the trust respectively reposed in them, and shall be entitled to retain out of the moneys arising from the sale, one shilling per bushel in lieu of commissions. Resolved, That the said commissioners shall deliver to each master, or mistress of a family, or his or her order, three quarts of salt for each person in their respective fami- lie, upon producing a certificate, signed by the chairman of the county, or district committee, where he or she shall respectively reside, that he or she is well affected to the American cause ; and on due proof made on oath of the number of persons in each such family, shall receive for the same, on the delivery thereof, two shillings and six pence per quart. Whereas many of the good people of this State have been driven from their habitations by the incursions of the enemy, and have removed into the neighbouring States : Resolved, That every master or mistress of a family so removed, shall be entitled to receive from the commissioner nearest to his or her place of residence, his or her pro- portion of salt respectively, at the price aforesaid ; pro- vided such master or mistress shall make due proof on oath of the number of his or her family, and produce a certifi- cate signed by the chairman of the committee or the select men of the town in which they shall then reside, of such removal and residence. Resolved, That the chairman of the said several county committees produce their accounts, together with their vouchers, of the expenses arising on the transportation of the said salt to the Auditor-General of this State, who is directed to audit the said accounts for payment. Resolved, That the chairman of the county committees notify the Treasurer of the State of the names, occupations and places of abode of the several commissioners in their respective counties. Resolved, That the said commissioners shall produce their accounts (as soon as may be after the salt is sold) to the Auditor-General, to be audited and passed. Resolved, That it is the intention of this Council, that all such persons in this State as have taken an oath of alle- giance thereto, and have not, since the taking of the said oath, acted in any manner inconsistent with, or contradic- tory thereto, and shall obtain a certificate thereof from the chairman of the county or district committee, shall be en- tilled to their respective proportions of salt, as above men- tioned. JOURNAL OF THE COUNCIL OF SAFETY. 1059 Resolved, That all the residue of the said salt, after the above distribution, shall remain in the care of the commis- sioners appointed by the committees of the respective counties above mentioned, to be disposed of by future act or acts of the Legislature of this Slate. And whereas the good subjects of this State in the counties of Charlotte, Gloucester and Cumberland are, by the late incursions of the enemy, deprived of a free inter- course with the other parts of this Slate, and are thereby prevented fiom receiving their proportions of salt : Resolved, That the supplying of the said inhabitants in the said counties with that important article, as soon as those obstacles shall be removed, be referred and recom- mended to the Legislature of this State. Resolved, That the committees of the several counties to be supplied with salt, by virtue of the aforegoing re- solves, apply for the different proportions of salt for their respective counties as follows, to wit : the committee of Westchester, to the store of James Reade ; the committee of Dutchess, to the said store, for six hundred bushels, in- cluding in that quantitity the salt in the store of Henry Schenk; and to William Radlift, for four hundred bushels; the committee of Albany, to Robert Livingston, Esqr, for the proportion of that county ; and the committee of Tryon county, at the same place, for their proportion ; the respective committees of Ulster and Orange, for their respective proportions, to the said William Radlift. Resolved, That the said salt be sold at no more than two places in any county, to be chosen at the discretion of the county committee, in such manner as will be most con- venient to the inhabitants, and that no accounts be allowed for any farther transportation thereof. Ordered, That the above resolutions be published in Holt's and Loudon's papers ; and that the Secretary cause the same to be also printed in the Hartford Gazette. Adjourned until to-morrow 10 ho. A. M. DIE MARTIS, 10 ho. a. m. September 9, 1777. The Council met pursuant to odjournment. Prayers as usual. Present — Pierre Van Cortlandt. £sqr. President. Genl. Scott, Mr. Piatt, Mr. Hobart, Mr. G. Livingston, Mr. Tred- •well, Mr. Jay, Mr Harper, Mr. Morris, Colo. De Witt, Major Van Zandt, Mr. Yates, Mr. R. R. Livingston, Mr. Cantine. Whereas it hath been suggested to this Council that the county of Charlotte are indebted to Alexander Web- ster, Esqr. in the sum of sixty-five pounds, for his services in attending the late Convention of this State, the which sum can not now be paid by the committee of the said county : Resolved and Ordered, That the Treasurer of this State pay to the said Alexander Webster the said sum of sixty-five pounds on account of the said county of Char- lotte ; and that the said Alexander Webster be held to ac- count for the same with the said county. Mr. Auditor-General Sands and Mr. L'hommedieu, at- tending, were admitted. They jointly informed the Coun- cil that Mr. L'hommedieu had, on his note of hand to the Treasurer of this State, formerly received the sum of three hundred and seventy pounds ; that that sum was received to pay two companies of Continental troops, who w T ere then upon Nassau island ; which money he was to repay upon the said troops receiving their pay. Mr. L'homme- dieu informed the Council that he received from the offi- cers of that corps the whole of that money except the sum of forty pounds, which he paid to Major Tuthill, who is gone to the enemy on Long island. Ordered, That. Mr L'hommedieu repay to the Treasu- rer the said sum of money, the said forty pounds excepted ; that he draw an order on Major Tuthill, payable to the Treasurer, for the said sum of forty pounds ; and there- upon the Auditor-General close Mr. L'hommedieu's ac- count. The Auditor-General requested the direction of the Coun- cil at what price to charge the pork and provisions belong- ing to the State, which was spared to the Commissary- General of the Continental army. Resolved, That the Auditor-General charge the pork and provisions spared to the Commissary-General, at the market price at the lime of the delivery thereof. Whereas the late Convention, on the third day of May last, did resolve that the members of the Council of Safety should be allowed the sum of twenty shillings per day each for every day they should be employed in the business com- mitted to them, as a compensation for their loss of time and expenses. Resolved, That the Treasurer of this State be, and he is hereby directed to pay unto each of the members of this Council, such sum or sums of money for their attendance at this Council as shall be certified by either of the Secre- taries to be due to the said members respectively. Adjourned until to-morrow 10 ho. DIE MERCURII, 10 ho. a. m. September 10, 1777. The Council met pursuant to adjournment. Prayers, as usual. Peesent — Pierre Van CorUandt, Esqr. President. Mr. Gilbert Livingston, Mr. Cantine, Mr. Robt. R. Livingston, Mr. Piatt, Mr. Van Zandt, Mr. Harper, Mr. Tredwell, Major Tappen. Resolved, That His Excellency the Governor, and Chan- cellor of this State, be requested to devise and order to be made, a great seal for this State, and that in the mean time the seal of the Governor be the great seal of this State. Ordered, That the Treasurer of this State pay to John McKesson, one of the Secretaries, seven dollars, for that sum by him paid by direction of the members of this Coun- cil, for conveying to the Honourable Robert Morris, Esqr. a member of the committee of Congress appointed to cor- respond with the friends of America in foreign parts, at Philadelphia, certain papers for that board which were re- ceived at Kingston by the Honourable John Jay, and Ordered, That the Treasurer charge the same to Conti- nental account. A petition of Samuel Payne, a captain in Major Whee- lock's corps, setting forth, that by reason of the corps being disbanded, and unless the Council of Safety interpose, it will be a great damage to him, and praying that Council of Safety will be pleased to make him some allowance for his past troubles in endeavouring to recruit his men, and the losses he has sustained, was received, read and com- mitted to Mr. Tredwell, Mr. Cantine and Mr. Piatt. Mr. Tredwell from the said committee, brought in the report, which was read and approved of, and is in the words following, to wit : " Your committee, to whom was referred the petition of Samuel Paine, Esqr. a captain in the service of this State, beg leave to report the following resolutions : " Resolved, That this Council do fully approve of the conduct of the said Captain Paine so far as it hath come to their knowledge ; are very sorry that his industry and diligence has not met with that success which they wished, and he had reason to expect. " Resolved, That the said Captain Paine is entitled to Continental pay and rations, from the time he engaged in JOURNAL OF THE COUNCIL OF SAFETY. 1060 the service of the State, to this day, and that the Auditor- General of this State do audit the accounts of the said Captain Paine, and allow him credit for such sum or sums of money as he shall have paid, either as bounty or wages to the men belonging to his company, he producing suffi- cient vouchers of such payment. " Resolved, That such of Captain Paine's company as have deserted the service or neglected to join the company, have not only forfeited all right to any future demands upon this State, but also the bounty and clothing which have been advanced to them. " Resolved, That the said company be, and they hereby are disbanded. " Resolved, That Captain Paine be allowed the expen- ses arising from his late journey in order to collect the re- mainder of his company, undertaken by order of this Coun- cil, and that the auditor examine and audit his account thereof. CONVENTION OF THE SENATE AND ASSEMBLY At a meeting of the Members of the Senate and Assembly, for the Sta;e of New- York, convened by unanimous con- sent, to form a Convention for the said State, and thereby to provide for the safety of the same, this seventh day of October, 1777. Members of Senate. Present— Jesse Woodhull, Pierre Van Cortlandt, Ryneer Mynderse, John Morin Scott, JelJis Fonda, Philip Livingston, Jonathan Lawrence, William Floyd, Alexander Webster, Levi Pawling, Abraham Yates, William Smith, Dirck Ten Broeck. Members of Assembly. New- York — Mr. Brasher, Mr. Dunscomb, Mr. Bancker, Mr. Van Zandt, Mr. Harper, Mr. Jay. Jllbany — Mr. Walter Livingston, Mr. Whiting, Mr. Vroman, Mr. John Cuyler, Mr. K. Van Rensselaer. Ulster- Mr. Hardenbergh, Mr. Snyder, Mr. Schoonmaker, Mr. Rea. Suffolk- Mr. Miller, Mr. Gelslon, Mr. L'hommedieu. Queens — Mr. Daniel Lawrence, Mr. Coe. Kings — Mr. Williams. Westchester — Mr. Morris, Mr. Mills. Dutches — Mr. Hoffman, Mr. E. Benson. Tryon — Mr. Van Home, Mr. Veeder, Mr. Klock. Charlotte — Mr. E. Clarke, Mr. Rowan. Orange — Mr. Hathorn, Mr. Kupper, Mr. Van Houten. Resolved unanimously, That Pierre Van Cortlandt, Es- quire, President of the Honourable the Senate, be and is hereby appointed President of this Convention ; and that John McKesson and Robert Benson, be and hereby are ap- pointed Secretaries of this Convention. Resolved, That the several county and district commit- tees within this State, which were in being on the thir- teenth day of September last past, and commissioners for detecting and defeating all conspiracies formed within this State, be and hereby are continued and vested with all and singular the powers and authorities which the said commit- tees and the said commissioners respectively have hereto- 266 fore used and exercised ; and the several persons who were then members of the said committees, and of the said board of commissioners, are hereby continued in office accord- ingly- Resolved, That the members of the several committees be and they hereby are required immediatelj' to lade all vessels which may be at the different landings, and other places along Hudson's river, with flour, wheat, and any other kind of provisions which may be near the shores of the said river, and send the said sloops and vessels to Al- bany ; that they give receipts for the said provisions to the several proprietors thereof, specifying therein the several quantities and kinds, and send exact copies of such re- ceipts to Robert Benson, Esquire, one of the Secretaries of this Convention, who is hereby ordered to send such copies to Jacob Cuyler, Esquire, commissary at Albany aforesaid, reserving duplicates for the use of this State. Resolved, That the said committees respectively do forthwith cause all the cattle and live stock near or con- tiguous to either side of Hudson's river, except such parts thereof as, in their judgment, shall be necessary for the present use of the respective proprietors thereof, to be re- moved into the interior parts of the country on the several sides of the said river, to be taken care of by keepers to be by them severally appointed ; which keepers are hereby severally required to return to the said Robert Benson pro- per accounts of the number of the same and of the several places where the same shall be respectively placed. And in case any person or persons shall obstinately refuse to permit his, her or their cattle or other stock to be so re- moved, that then and in such case the said committees be, and they hereby are, empowered to destroy the same. And further, that the keepers so appointed be, and they hereby are, empowered to impress pastures for such cattle and stock, for which pasture they shall give receipts to the respective proprietors, and send copies of such receipts to the Treasurer of this State ; provided always that no pro- prietor of cattle or other live stock who shall drive off the same without consent of the committee, shall in any wise be benefitted by this resolve. Resolved, That William Floyd, John Morin Scott, Abraham Yates, Johannes Snyder, Egbert Benson, Robert 1062 CONVENTION OF SENATE AND ASSEMBLY. Harper, Peter Pra Van Zandt, Levi Pawling, Daniel Duns- comb, Evert Bancker, Alexander Webster, William B. Whiting and Jonathan Langdon, Esquires, or any seven of them be, and they hereby are, appointed a Council of Safe- ty, and that they be, and they hereby are, in the recess of this House, vested with the like powers and authorities which were given to the late Council of Safety, appointed by the last Convention of this State : that every member of the Senate and Assembly, and the Delegates of this State in Congress, be entitled from time to time to sit and vote in the said Council ; and that the said persons, or any seven of them, be and continue a Council of Safety so long as the necessities of this State shall require, and no longer. Resolved, That the Governor, or in his absence, the President of the Senate, when they shall respectively be present at the said Council, shall preside at, and upon an equal division, have a casting voice in the same. Resolved, That all and every, the members of Senate and Assembly, be deemed members of this Convention, and that twenty-five be a quorum to proceed on business. A draft of a letter to His Excellency the Governor, was then read, and is in the words following, to wit : " Kingston, 7th October, 1777. " Sir — By the enclosed resolution, your Excellency will perceive what steps the Legislature have taken to provide for the safety of the State in the present emergency. The impossibility of keeping the several members in attendance on so critical an occasion must apologize for the measure. We hope soon to meet you again in our former capacity as members of Senate and Assembly ; in the interim you will be pleased to make application to the Council of Safety for such matters and things as may to you appear from time to time necessary. " We are, sir, " Your Excellency's most obedient " And humble servants. " By order. " His Excellency Govr. Clinton." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted to His Excellency. JOURNAL OF THE COUNCIL OF SAFETY. DIE MERCURII, 10 ho. a. m. October 8, 1777. The following members met, vizt : Of the Council of Safety. Members of Senate and Assembly. Mr. Floyd, Mr. Livingston, Mr. Scott, Mr. Yates, Mr. Snyder, Mr. Benson, Mr. Harper, Mr. Pawling, Mr. Dunscomb, Mr. Bancker, Mr. Landon, Mr. Whiting, Mr. Webster. Mr. F,3r. Clark, Mr. Williams, Mr. Rea, Mr. SCHOONMAKER, Mr. Van Horne, Mr. Mills, Mr. Rowan, Mr. Klock, Mr. Brasher, Mr. Morris, Mr. L'HOMMEDIEtT. Mr. Floyd chosen President. Council took, into consideration the removal of the State prisoners. Thereupon, Resolved, That all the prisoners confined in the jail and on board the Fleet prison at this place, to be forthwith sent to Hartford, in Connecticut, to be confined in such manner, and at such places as His Excellency Governor Trumbull shall direct. Resolved and Ordered, That Colonel Lasher deliver to Captain Cooper, three hundred and sixty rounds of cartridge and two muskets, with accoutrements. A draft of a letter to Governor Trumbull, to go with the prisoners, was read, agreed to, and is is in the words fol- lowing, to wit : "Kingston, October 8th. 1777. " Sm — You will before this time have heard the fate of forts Montgomery, Clinton and Constitution. While as- siduously employed in strengthening General Gates and the northern army, from an opinion that the fate of America would greatly depend upon our exertions in that quarter, the passes in the Highlands have been of necessity neglect- ed. Add to this, that General Washington hath called away almost all the Continental troops which were in those posts, and you will readily perceive that we are entirely exposed. In this situation, it would be imprudent to keep a number of prisoners in this State. We have, therefore, sent by the bearer, Mr. , to your care the several persons mentioned in the enclosed list; and we pray you to take the most effectual measures for securing them until this State can receive them with safety or make further order for their safe custody. " I have the honour to be, &c. " By order. " To Govt. Trumbull." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted to His Excellency Go- vernor Trumbull. A letter from His Excellency the Governor, dated the 7th instant, and received yesterday evening, was read, and follows, to wit : " Neiv-Windsor, 7th October, 1777. "Gentlemen — The extreme fatigue I have undergone the three days past, and the want of rest for an equal num- ber of nights, renders me unfit to write you on matters of so serious consequences to this State, as I have to com- municate. I am able only briefly to inform you, that yes- terday about 10 o'clock A. M. our advanced party was at- tacked by the enemy at Doodle Town, about 2\ miles from Fort Montgomery : they consisted of but 30 men ; the enemy by appearance and accounts, so far received, of 5,000. They received the enemy's fire and returned it, and retreated to Fort Clinton ; soon after, we received intelli- gence that the enemy were advancing on the west side of the mountain, with design to attack us in rear. Upon this I ordered out Lieut. Colos.Bruyn and McClaghry, with upwards of 100 men, towards Doodle Town, and a brass field piece, with a detachment of 60 men, on every advanta- geous post on the road to the furnace. They were not long out, before they were both attacked by the enemy with their whole force ; our people behaved with spirit, and must have made great slaughter of the enemy. I strengthened the party on the furnace road to upwards of 100, but they were obliged to give way to so superior a force as the enemy brought against them. They kept, their field piece in full play at them, till the men who worked it were drove off with fixed bayonets, then spiked it, and retreated with great good order to a 12 pounder, which I had ordered to cover them, and from thence in the fort. I immediately posted my men in the most advantageous manner for the defence of the post, and it was not many minutes before, as 1064 JOURNAL OF THE COUNCIL OF SAFETY. well our post as Fort Clinton was invested on all sides, and a most incessant fire kept up till night ; and soon after dusk, when the enemy forced our lines and redoubts at both posts, and the garrisons were obliged to fight their way out, as many as could, as we were determined not to surrender, and many have escaped. " I was summoned, sun an hour high, to surrender in five minutes, and thereby prevent the effusion of blood. I sent Lieut. Colo. Livingston to receive the flag, who in- formed them that he had no orders to treat witli them, ex- cept to receive their proposals, if they meant to surrender themselves prisoners of war, in which case he was em- powered to assure them good usage. About 10 minutes after, they made a general and desperate attack on both posts, which was resisted with great spirit, but we were at length overpowered by numbers, and they gained the pos- session of both posts. Officers and men behaved with great spirit, as well Continental troops as militia. Our loss in slain can not be great, considering the length of the action. My brother, Genl. Clinton, is wounded, and I believe made prisoner. This is the case with Major Logan. The number of missing I can not ascertain. The ships are both burnt and Fort Constitution demolished, by our people, without my orders ; but I can not, as yet, con- demn the measure. The officers all say it was right. I am clear it was as to the fort, after removing artillery and stores, which has not been done. The ships I hoped might have been saved. Genl. Putnam will retreat to near Capt. Haight's, about three miles from Mrs. Van Wyck's, and I mean to rally my broken but brave forces, and ad- vance to-morrow on Butter hill. Genl. Putnam is to send Colo. Webb's regiment to join me. " I beg you will give the substance of this account to Genl. Gates, in answer to his letter to me. I have only to add that I greatly regret the loss of those posts ; but I am consoled with the full persuasion that they have bought them dear, and that I have done the most in my power to save them. I beg you to excuse incorrectness, " And am with due respect, " Your most obedt. servt. " GEO. CLINTON. " P. " \0th November, 1777. $ " Gentm. — I had the honour of your favour of the third inst. ordering the salt in my care to the places of distribu- tion ; being the first order I have received by which I could be justified in sending forward the salt, as your order of the 27th August empowered me only to send it to Philip Spencer's and Major Jansen's, where 1,500 or 1,600 bush- els has been these weeks past. I immediately ordered out wagons and teams to bring it down to our landing, where I expect it will be in a few days ; I acquainted the com- mittee of this county therewith, and a sloop is just arrived to lake it in : shall do all in my power to send up the 1 , 1 00 bushels for this county, and the 600 for Tryon, being 1 ,700 by this conveyance. There are slill between 2 and 300 bushels on the road between this and Boston, some in the Green woods ; shall do my utmost to hurry it on, as I ex- pect soon to be in that quarter. My account is ready for auditing, but wait for the remainder of the salt to come in. " I remain with great respect, gentlemen, " Your very humb. servant, "PETER R. LIVINGSTON." Resolved, That four hundred bushels of the salt pur- chased by Peter R. Livingston, Esqr. upon the public ac- count, be allowed to the inhabitants of the county of Char- lotte, if so much shall remain after supplying the quantity allotted for the counties of Albany and Tryon. That the committee of Charlotte county cause the said salt to be sold and distributed, and that the same be paid and ac- counted for to the Legislature of this State in like manner as the salt allowed to other counties of this Stale is di- rected to be by resolutions of the Council of Safety for that purpose, passed the eighth day of September last. And Ordered, That Peter R. Livingston, Esqr. deliver to the said committee or their order, or to John Rowan, Esqr. for their disposal on the arrival thereof, the salt so allotted to the said county as aforesaid. Resolved and Ordered, That James McNeish and John Neisbett, at White creek in Charlotte county, be, and are hereby appointed commissioners, together with Aaron Ful- ler of Skeensborough, in the said county, for selling and disposing of the effects of such disaffected persons as have gone from the said county and joined the enemy ; that the said commissioners be, and are hereby vested with the like powers and authorities, governed by the regulations pre- scribed by the several resolutions of Convention and Coun- cil of Safety for the commissioners in the other counties of this State. Council adjourned until ten o'clock to-morrow morning. DIE JO VIS, 10 ho. a. m. November 13, 1777. Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tempore. Mr. Pawling, Mr. Dunscomb, Mr Harper, Mr. Benson. Mr. Snyder, Mr. Van Zandt, Mr. Scott, Mr. W. Livingston, Mr. Rowan. Zacharias Gernwyck, from the committee in the eastern part of Claverack district, attending, was admitted, and delivered to the Council a copy of ceitain resolutions of the said committee, which were read, and follows, vizt : "In Committee in the eastern part of Claverack District, November 10, 1777. " Members present — Stephen Kinne, Chairman; Cristjaan Reah, Jo- hannis Hageboom, Jur. Thomas McKinslry, Stephen Graves, Zacharias Gernryck. "Thomas Storm being ordered to appear before this com- mittee, accordingly appeared. Being requested by the chairman to give information under oath, concerning public matters, which he refused. As it was doubtful to this com- mittee, and had been for some time, whether or no the said Thos. Storm was a faithful subject to the State and the measures pursued for the public safety, he was requested to take an oath of allegiance to the State of New-York, which he also refused, with questioning the authority of this committee as to their present appointment, &c. &c. "Resolved, That Mr. Zacharias Gernwyck, one of the members of this committee, being ordered to take the said Thomas Storm into custody and convey him to the Ho- nourable the Council of Safely for the State of New-York, together with a copv of these proceedings, in order for their disposal of the said Thomas Storm, &c. &c. " The committee then proceeded taking into considera- tion the losses this Slate sustain, occasioned through 1080 JOURNAL OF THE COUNCIL OF SAFETY. neglect of the commissioners of sequestration to act in this part of the county of Albany, notwithstanding the re- peated requisitions of this committee, as it was well known to them that many of the inhabitants of their district as well as in the neighbouring districts, have absconded and joined our inveterate enemies. So clearly is this proved, as that numbers of them have been seen in the army under the command of Lieut. General Burgoyne, at the time when he, with his whole army, in consequence of a treaty, laid down their arms and surrendered themselves to Gene- ral Gales at Saratoga. Some of those estates are daily wasting and going to destruction, while others are taken into custody and carried off by evil designed persons and made use of for many bad purposes, against the United States of America, and by such persons whose conduct does not appear to be better than those who had gone off and joined our enemies, &c. " It being therefore " Resolved, That this committee send an express im- mediately to the Council of Safety in order to acquaint them of the commissioners' neglect to act in their appoint- ment in this part of the county, and that some effects are already taken and secured by order of this committee ; some in the west part of this district have been taken and se- cured, and still remain in custody so long ago as last spring. This committee is of opinion that unless they proceed im- mediately to seize and take into custody, the personal pro- perty of all such persons as have absconded and joined our enemies, that many of the movable effects of such per- sons will be conveyed and concealed in such places where they cannot easily be found, if ever, which will be an un- doubted loss to this Stale. This committee being sensible at the same time that they are not properly authorized for the above purpose, nevertheless, taking into consideration the necessity of acting in this case for the public interest of the State, and at the same time to prevent such fraudu- lent proceedings; this committee do also further resolve that they will be ready at any time hereafter to render an account of their proceedings herein, together with the goods so taken, or proceeds in money, if sold, whenever thereunto requested by the Council of Safety, Legislature of this State, or the commissioners of sequestration, when pro- perly qualified for that purpose, agreeably to the several resolutions of the Convention of the State of New-York, or any other person or persons who shall be empowered by the Council of Safety for that purpose. " Bv order of Committee, "STEPHEN KINNE, Chairman." The said Thomas Storm being called in and heard, and being charged by the said Zacharias Gernryck with very contumelious and affronlive treatment to ihe whole com- mittee of Claverack, acknowledged the several particulars as charged against him, and also his having refused to give any information on oath to the said committee, or to take an oath of allegiance to this State, Resolved and Ordered, That the said Thomas Storm pay to said Zacharias Gernryck five pounds, for his trou- ble and disbursements in conducting the said Thomas to this place and returning home ; and that the said Thomas continue at this place on his parol, not to depart until fur- ther order. Which parole he immediately gave. The Council then came to a farther determination on the said resolutions of the committee of Claverack, in the words following, to wit : Sundry resolutions of the eastern part of ihe district of Claverack, in the county of Albany, of the 10th instant, was laid before the Council, whereby it appears, that in consequence of the commissioners of sequestration not hav- ing taken upon them the execution of their office, the said committee had seized and secured the effects, in their dis- trict, of several persons now with the enemy. Resolved, That this Council do highly approve of the conduct of the said committee, and do hereby confirm the proceedings of the said committee in seizing and securing such effects. Resolved, That the said committee, as to the estates and effects within their district, of persons voluntarily gone over to the enemy, be vested wiih all the powers and au- thorities granted to commissioners of sequestration, by the resolutions of any Convention or Council of Safely of this State. Thomas Collins, at his request, was admitted to take an oath of allegiance to the State, which he did in the words following, to wit : " I, Thomas Collins, of New Perth district, in Char- lotte county, yeoman, do solemnly swear and declare, in the presence of Almighty God, that I will bear true faith and allegiance to the State of New-York, and that I will, in all things, do my duty as a good and faithful subject of the said Slate ought to do, so help me God. Dated this 14th day of Ordered, That Mr. McKesson, as one of the Secreta- ries, give to the said Thomas Collins a certificate of his having taken the oath of allegiance, and a discharge, to re- main at home in peace, he behaving as becometh a good subject of this State. Permission is given by the Council to Elizabeth Pettit, the wife of Thomas Pettit, with her four children and two grand children, to proceed to His Excellency the Gover- nor, in order to obtain his permission to go to New-York, and to take with her her negro woman slave. Council adjourned till 4 this afternoon. Die Jo vis, 4 ho. P. M. November 13, 1777. The Council met. Present — Evert Bancker, Esqr. President pro tempore. Mr. Scott, Mr. Pawling, Mr. Dnnscomb, Mr. Harper, Mr. Snyder, Mr. Benson, Mr. Schoonmaker, Mr. Rowan. DIE VENERIS, 10 ho. a. m. November 14, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tempore. Mr. Pawling, Mr. Snyder, Mr. Scott, Mr. Harper, Mr. Dunscomb, Mr. Benson — (quorum. The resolutions of Congress of the thirty-first of July last, relative to the recruiting of the Continental regiments raised in this State, were again read. The resolutions of Congress of the seventeenth of Octo- ber last, on the same subject, were again read. The resolutions of Congress of the twenty-eighth of Au- gust last, relative to the people called Quakers, were again read. The resolution of Congress of the third of September last, for procuring military stores and necessaries for the use of the militia of the State, was again read. The resolution of Congress of the fourteenth day of Oc- tober last, relative to prizes, was again read. Ordered, That copies of all the said resolutions be deli- vered to Mr. Scott and Mr. Benson, who are hereby ap- pointed a committee to consider and report thereon. Whereas, by reason of the absence of the family of Pe- ter Pra Van Zandt, Esqr. one of the members of this Council, and his constant attendance at the same, he lost the opportunity of getting his proportion of the public salt lately distributed at Kingston : And whereas his neces- sary attendance at this Council will render it impossible for him to procure his proportion out of the salt to be dis- tributed in the lower part of the county of Ulster, for want of which his numerous family of sixteen persons will be greatly distressed, Resolved, therefore, That William Radlif, one of the commissioners, furnish the said Peter Pra Van Zandt, JOURNAL OF THE COUNCIL OF SAFETY. 1081 Esquire, with his proportion of salt, agreeably to his certi- ficate. Adjourned until this afternoon 4 o'clock. Die Veneris, 4 ho. P. M. November 14, 1777. The Council met pursuant to adjournment. Present — Evert Bancker. Esqr. President pro tern. Mr. Pawling, Mr. Snyder, Mr. Scott, Mr. Harper, Mr. Dunscomb, Mr. Benson — Quorum. Ordered, That the Secretary compensate Mr. Oliver for the use made of his room by this Council, not exceeding one dollar per day. Ordered, That Samuel Dodge, Esquire, chairman of the county committee of Dutchess county, do transmit co- pies of the resolutions of this Council of the eleventh in- stant, prohibiting the exportation of flour, to the chairmen of the committees of the respective districts in Dutchess county, by express, and transmit his account of disburse- ments for that service to the Auditor-General, to be audited for payment, and that the State will defray the necessary expense of sending such expresses. Resolved, That this Council be and is hereby adjourned to meet at the town of Hurly, on Monday morning next, at ten o'clock. DIE MARTIS, 10 ho. a. m. November 18, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro temp. Mr. Scott, Mr. Benson, Mr. Pawling, Mr. Dunscomb, Mr. Snyder, Mr. Harper — Quorum. Mr. Ph. Livingston, Mr. Walter Livingston, Mr. Lott, Mr. Clarke. A letter from Abraham Legget, Esqr. chairman of the county committee of Westchester county, dated the 12th inst. was read, and is in the words following, to wit : " In Committee for Westchester county. ) " Bedford, 12th November, 1777. $ " To the Honble. the Council of Safety for the State of New-York. " Gentlemen — The good inhabitants of this county have been informed by the resolutions of Convention, that there was salt procured to be distributed among the good inhabitants thereof. This committee have applied to Mr. James Reed, who was appointed a commissioner to deliver said salt to the different committees in this State, and we find the salt can not be procured at present. We have ap- pointed Mr. Nathaniel Bouton to wait on your Honourable Board to see by what means the salt can be had, as the inhabitants of this county are in a distressed situation for want of that article. We hope your Honourable Board will order said salt to Mr. Reed's store as soon as may be, or give such orders as this committee may receive the pro- portion for this county at Simsbury, where we understand the salt now is. " By order of committee, " ABM. LEGGETT, Chairn." Whereas Abraham P. Lott, Esquire, one of the agents to purchase salt for the use of this State, having repre- sented to this Council, that there is a considerable quantity of the said salt now at Simsbury and other places to the eastward of the Green woods, and that he can not possi- bly procure teams to transport the same to the several pla- ces within this State, where the same is directed to be deposited : And whereas the committee of the county of Westchester having, by their petition to this Council, re- quested to receive at Simsbury the quantity of the salt al- lotted to the said county, to be distributed and paid for, agreeably to the resolutions of the late Council of Safety of this State, passed the eighth day of September last : Resolved, That the said Abraham P. Lott, Esquire, be authorized and required to deliver five hundred bushels of the salt, (being the quantity allotted to the said county) pur- chased by him for the use of this State, and now lodged 271 to the eastward of the Green woods, to the order of the chairman of the committee of the county of Westchester. Resolved, That this State will defray the expense of transporting the said salt from the several places where the same shall be delivered to the said chairman or his order, to the two several places of distribution in the said county ; and that the said chairman produce his account, with his vouchers of such expense, to the Auditor-General of this State, who is directed to audit the same for pay- ment. Mr. Abraham Hasbrouck, Junr. of Ulster county, having applied for a permit to transport four casks of flour to some of the eastern States, in order to procure salt, was called in, and took an oath in the words following, to wit : " I, Abraham Hasbrouck, Junr. of Ulster county, in the State of New-York, do solemnly swear, in the presence of Almighty God, that I will use my utmost endeavours to purchase salt for the amount or value of such quantity of flour as I may be permitted to transport out of this State to any of the eastern States. " Dated this eighteenth day of November, 1777. " A. HASBROUCK, Junr." Mr. Abraham Hasbrouck, Junr. of Ulster county, in the State of New- York, having made oath before this Council that he will use his utmost endeavours to purchase salt for the amount or value of such quantity of flour as he may be permitted to transport out of this Slate to any of the eastern States : Resolved and Ordered, That the said Abraham Has- brouck, Junr. be and is hereby permitted to transport four casks of flour to any of the eastern United States, to pur- chase or procure salt ; and that he report to this Council the quantity of salt he shall have brought into this State, in return for the said flour. Joseph Bean, of Rockingham county, in the State of New-Hampshire, applied for leave to export three thou- sand six hundred weight of flour for fifty bushels of salt, which he made oath that he had brought into this State. Thereupon, a permit was given to him in the words fol- lowing, vizt : " The bearer, Mr. Joseph Bean, of Rockingham, in the State of New-Hampshire, innholder, having made oath before this Council, that he has brought into this State fifty bushels of salt, part of which is sold and delivered to the inhabitants of this State, in Dutchess county, and that he will dispose of the residue thereof to the inhabitants of this State : Resolved and Ordered, That the said Joseph Bean be and is hereby permitted to transport three thousand six hundred weight of flour, in two teams, out of this State to any of the eastern United States." The case and application of John Patterson, Esqr. was taken in consideration, and the sentiments of the members being given, the furiher consideration thereof was post- poned until this afternoon. Adjourned until 3 ho. P. M. Die Martis, 3 ho. P. M. November 18, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tern Mr. Scott, Mr. Benson, Mr. Pawling, Mr. Dunscomb, Mr. Snyder, Mr. Harper. — Quorum. Mr. Phil. Livingston, Mr. Walter Livingston, Mr. Lott, Mr. Clarke. Mr. Walter Livingston, in behalf of John Patterson, Esqr. represented to the Council that it was very impro- bable Mr. Patterson would succeed in his application by letter for an exchange, though he doubtless would effect it, if he was indulged in going to New-York in person. That Mr. Patterson was willing to engage on his parol of honour, not to give any advice or information, any wise relative to the present controversy between the United States of America and Great Britain, or serve in any mili- 1082 JOURNAL OF THE COUNCIL OF SAFETY. tary capacity whatsoever, until duly exchanged with the consent and approbation of the executive power of this Stale ; and Mr. Livingston offering to become bound as security for Mr. Patterson, that he would appear and sur- render himself again as a prisoner, whenever required by the Governor of this State, unless duly exchanged for either of the persons mentioned in the resolutions of this Council of the twelfth instant, or such other person as the Gover- nor of this State shall appoint. The same being taken into consideration : Thereupon, Resolved, That John Patterson, Esqr. be permitted to pass to the city of New-York with his family (male ser- vants excepted) and effects, upon the terms above pro- posed. Resolved, That the bond from Walter Livingston, Esqr. for the purpose above mentioned, be in the penalty of five hundred pounds, and be taken to the Treasurer of this State. Resolved, That Anthony Hoffman, Esquire, be autho- rized to take the above parol from Mr. Patterson, and that he transmit the same when subscribed by Mr. Patterson to His Excellency the Governor of this State. Thereupon, Walter Livingston, Esqr. executed such bond as aforesaid, which bond, with the condition, is in the words following, to wit : " Know all men by these presents, That I, Walter Li- vingston, Esqr. of the manor of Livingston, in the State of New- York, am held and firmly bound unto Peter Van Brugh Livingston, Treasurer of the said State, in the sum of five hundred pounds lawful money of the said State, to be paid to the said Peter Van Brugh Livingston, his ex- ecutors, administrators, or assigns, for the use of the said State. For payment whereof I bind myself, my heirs, ex- ecutors and administrators, firmly by these presents, sealed with my seal, dated the eighteenth day of November, in the year of our Lord one thousand seven hundred and seventy-seven, 1777 : " Whereas John Patterson, Esquire, late collector of the port of Philadelphia, and now a prisoner in the manor of Livingston, hath, upon his application, obtained permis- sion from the Council of Safely of this State, to pass to the city of New- York, to solicit an exchange of himself for Major Hatfield, Captain Van Dyck, William Miller of Westchester county, Garret Van Wagenen and Wynant Van Zandt of the city of New-York, or either of them, or such other person as the Governor of this Slate for the time being, shall appoint : And whereas the above boun- den Walter Livingston, Esqr. hath consented to become bound as surety for the said John Patterson, that in case such exchange can not be effected, that he the said John Patterson will appear and surrender himself again a priso- ner. Now therefore, the condition of the above obligation is such that if the said John Patterson shall not be ex- changed for the said Major Hatfield, Captain Abraham Van Dyck, William Miller of Westchester county, Gerret Van Wagenen and Wynant Van Zandt of the city of New- York, or either of them, or such other person as the Go- vernor of this State for the time being, shall appoint, and shall then appear and surrender himself again to the Governor of this State for the time being, whenever thereunto re- quired by the Governor of this State for the time being, or within four months after notice of such requisition to the said Walter Livingston, tlten the above obligation to be void, else to remain in full force. " WALTER LIVINGSTON, [l. s.] " Sealed and delivered in the ) presence of $ " Rodt. Benson, "John McKesson." Adjourned until to-morrow 3 ho. P. M. DIE MERCURII, 3 ho. p. m. November 19, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tern. Mr. Harper, Mr Snyder, Mr. Webster, Mr. Benson, Mr. Scott, Mr. Pawling, Mr. Dunscomb. — Quorum. Mr. Clark. A letter from His Excellency the Governor, was read, and is in the words following, vizt : " Poughkeepsie, 17 th Novr. 1777. " Gentlemen — The ship carpenters, residing in and about this place, who were employed in building the two Continental frigates, have some time ago presented me a petition, setting forth their distressed situation, which I intended to have transmitted you ; but, before I had an op- portunity, it was mislaid, and I have not since been able to find it. It sets forth, in substance, that they were all citi- zens of New-York, who, while in the cily, supported their families comfortably by their trades ; that they all either moved up to this place, at the instance of the public to work on those ships, or afterwards on the approach of the enemy ; that almost ever since the completion of the frigates, they have been out of employ, during which time they have expended their earnings in support of their fami- lies, and unless some mode can be devised to employ them, and such wages allowed, as shall be in some degree pro- portionate to the high prices they are obliged to pay for the necessary articles of life, they will be constrained (though with great reluctance) to leave the Slate. " I am convinced their case is hard, and at the same time sensible that if so many valuable artificers leave the State, it will he a public injury. I wish, therefore, some- thing could be done, to enable them to continue in it. I have wrote to the deputy quarter-master-general, mention- ing their case to him ; but I fear the wages he is authoriz- ed to give is not such as they can live on at this extrava- gant time. I have but little hopes, therefore, of their getting relief in that way, and unless the Council can de- vise some plan by which they can be employed with more generous wages, I fear we shall lose them. I can not help but think it would be wise policy, and perfectly consistent with justice, to place those people, and others of our dis- tressed friends, in the houses of those villains who have gone to the enemy, which alone would enable them to sup- port themselves and families on moderate wages. " The want of tools, and the sloth of the militia, which is as great as ever, occasion our works to go on very slow. " I am, with due respect, " Your most obedt. servt. "GEO. CLINTON. " Council of Safety." Lancaster Burling, a master carpenter, who was the bearer of the said letter, was called in and heard. He said he did not know of any business in which the ship carpen- ters could be employed, unless in cutting timber or making bridges. Ordered, That Mr. John Henry deliver out of the clothing store of this state to John Holt, printer, or Eliza- beth Holt, or his or her order, three shirts, one waistcoat, two pair of shoes, and two pair of breeches, or so much cloth as to make two pair of breeches, the same effects being for the use of his journeyman and servant boy. That Mr. Henry deliver the said articles on receiving payment for the amount of the value thereof, and credit this State for the same. Ordered, That Mr. John Henry deliver out of the clothing store of this State to Caplain Abraham Lewis, for the use of himself and his lieutenant, two waistcoats, two JOURNAL OF THE COUNCIL OF SAFETY. 1083 pair of shoes, and two pair of breeches, or so much cloth as to make two pair of breeches. That Mr. Heniy deliver the said articles on receiving payment for the amount there- of, and credit this Slate for the same. Mr. Benson reported a draft of a letter to Major-General Gates, requesting ihe General to aid Captain Benson in securing the armed sloop Hudson, (belonging to this slate,) against the ice at Albany. The same being read, was ap- proved of, and is in the words following, to wit : " Sir — Upon the late pressing call for flour from the northern army, we ordered a sloop of war belonging to this state, as there were not a sufficient number of other vessels to be procured, to take a quantity on board and transport it to Albany. While employed in this service, she lately, in one of ihe high winds, drove from ihe wharf, and now lies aground opposite the city in a very dangerous situation. We have directed Captain Benson, the com- mander, immediately lo repair to Albany and endeavour 10 have her secured against the approaching winter ; and we have taken the liberty of recommending him to you for such aid from the army as may be necessary for this purpose. " Though from your readiness, sir, to promote the public cause on all occasions, we have no doubt but lhat you will furnish Captain Benson with all the assistance in your power, in order to save a vessel so much wanted on the river, being the only one armed ; but we conceive it also not improper to suggest, that should she now be lost, she will be deemed ost in the service of the Slates, and conse- quently become a Continental charge. " I am, with great respect and esteem, sir, " Your most obedient humble servant. '•' To the Honorable Major Gent Gates." Ordered, That a copy thereof be engrossed and signed by the President pro tempore, and transmitted by Captain Benson. A letter from John Barclay, Esqr. chairman of the com- mittee of Albany, dated the 12lh of Nov. instant, was read, and follows, vizt. • Albany Committee Chamber, 12th Novr 1777. " Sir — In consequence of the request of the Committee of Safety, signified by your favour of the 7th instant, this committee have made inquiry for a room in this cily which may answer the purpose of depositing the records of this State with safety. " They are happy to acquaint you that Mr. Abraham Douw, a gentleman of respect in this city, is willing lo spare a room in a lower story in his house for that pur- pose, and at the same time furnish boarding for Mr. Bay- ard. This house is nearly in the centre of ihe city, and will theiefore afford security against attempts of secret enemies. " The committee have also to request the favour of the Council to remove to this city the rt cords of the cily and county of Albany, as also the records of this county com- mittee. " I am, sir, your most obed't servt. " By order. '■ JOHN BARCLAY, Chairman. " To the President of the Council of Safety." Ordered, That Mr. John Henry deliver out of the clothing siore of this Stale to Egbert Benson, Esqr. or his order, one shirt, one pair of hose of the coarsest kind, for the use of a negro wounded prisoner now at Rhinbeeck- Adjourned until to-morrow, 10 ho. A. M. DIE JO VIS, 10 ho. A. M. November 20, 1777. The Council met pursuant to adjournment. Present— Evert Bancker, Esqr. President pro tern. Mr. Pawling, Mr. Snyder, Mr. Dunscomb, Mr. Harper, Mr. Benson, Mr. Webster — Quorum. Mr. E. Clark, Mr. Philip Livingston. The Council having sat and considered different matters until half an hour past twelve o'clock, adjourned until three o'clock this afternoon. Die Jovis, 3 ho. P. M. November 29, 1777. The Council met pursuant to adjournment. Present — Evert Rancker, Esq. President pro tern Mr. Pawling, Mr. Snyder, Mr. Dunscomb, Mr. Harper, Mr. Benson, Mr. Webster, Mr. Scott — Quorum. Mr. E. Clark, Mr. Phil. Livingston. Ordered, That Dirck Wynkoop, Esqr. and Mr. Oke Suydam, deliver to Christopher Tappen, Esq. deputy clerk of the county of Ulster, the records and papers of the said county which were committed lo their care by an order of this Council of the ninth of October last past. Ordered, That the Treasurer of this State pay unto Mr. Andrew Oliver the sum of fifteen dollars, as a compensa- tion for the use made of his house by this Council, during their silting at Marble Town. Abraham Burghardt, of Barrington, in the State of Massachusetts Bay, (who was taken a prisoner last spring at or near Ramepough, as he was coming from the enemy, in the cily of New-York,) was solemnly sworn before the Council " lhat he will, to the utmost of his power, main- tain and defend the freedom and independence of the United States of America," and was discharged. Ordered, That one ol the Secretaries give him a cer- tificate of his having taken the said oath, and a discharge, and permission lo return to Barrington aforesaid. Mr. Livingston departed the Council. Mr. Scott, according to order, reported a draft of a reso- lution, prescribing the terms on which flour and meal may be exported from this State to the eastern States. The same were twice read, and then read by paragraphs and amended, and the further consideration thereof post- poned until to-morrow. Adjourned unlil to-morrow morning 10 ho. A. M. DIE VENERIS, 10 ho. a.m. November 21, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tempore. Mr. Scott, Mr. Snyder, Mr. Pawling, Mr. Dunscomb, Mr. Benson, Mr. Harper, Mr. Webster — Quorum. Mr. Livingston, Mr. E. Clark. Thomas Storm, of Dutchess county, applied for a permit to transport flour to Massachusetts Bay, in return for salt; and for that purpose made oath as follows, vizt: " Thomas Storm, of Fishkill, in Dutchess county, being duly sworn on the Holy Evangelists of Almighty God, de- posethand saith, That within twomonlhs last past, Ebenczer Hall, of Water Town, in the Stale of Masachusetts Bay, Ebenezer Child, Joseph Kettle and William Stimpson, all of Boston, in Massachusetts Bay aforesaid, have brought into Dutchess county about three hundred bushels of salt, the greater part whereof has been sold to the inhabitants of this Stale ; that the said Ebenezer Hall and ihe other three persons above named, exchanged part of the said salt for flour, and sold other parts of it for cash ; that by ex- change, and with cash arising from the sale of the said salt, the said Ebenezer Hall, Ebenezer Child, Joseph Ket- tle and William Stimpson, have in the whole procured in this Slate a quaniily of flour not exceeding two hundred barrels ; two cart loads whereof has, in pursuance of the embargo laid bv the Council of Safely of this Stale, been detained by ihe committee of Pawling's precinct; arid that a quantity of the said flour remains in stores, and at a mill in Dutchess county, not amounting to one hundred and fifty barrels ; lhat ihe whole of the said two hundred bar- rels of flour did not amount to the value of the salt brought into Dutchess county by the said Ebenezer Hall, Ebenezer Child, Joseph Keltle and William Slimpson, and sold to the inhabiiants of this State part of the said salt, having 1084 JOURNAL OF THE COUNCIL OF SAFETY. been exchanged for iron, and a small part of it for hemp ; and the said Thomas Storm farther deposeth and sailh, that no greater quantity of flour or meal shall be exported out of this State in return for the said salt than such quan- tity as a permit may be given by the Council of Safety of this State to be exported on account thereof. "THOS. STORM. " Sworn this 21st day of November, > 1777, before me. ji "Evert Bancker, Prest.pro tern." Whereas Thomas Storm, of Fishkill, in Dutchess county, has made oath before this Council, that Ebenezer Hall, of Water Town, in Massachusetts Bay, Ebenezer Child, Joseph Kettle and William Stimpson, all of Boston, in Massachusetts Bay aforesaid, have within two months last past brought into Dutchess county about three hundred bushels of salt, the greater part whereof has been sold to or bartered with the inhabitants of this State ; that by ex- change and with cash arising from the sale of the said salt, they have in the whole procured in this State a quantity of flour not exceeding two hundred barrels ; that the said two hundred barrels of flour does not amount to the value of the said salt brought into Dutchess county, by the said Ebenezer Hall, Ebenezer Child, Joseph Kettle and Wil- liam Stimpson, and sold to the inhabitants of this State ; and the said Thomas Storm hath farther made oath, that no greater quantity of flour or meal shall be exported out of this State in return for the said salt, than such quantity as a permit may be given by the Council of Safety of this Slate, to be exported on account thereof. Resolved, therefore, That the said Thomas Storm be and is hereby permitted to transport out of this State two hundred barrels of flour, including forty-eight barrels of flour which he has already sent from Fishkill, on eight carts, for the use of the said Ebenezer Hall, Ebenezer Child, Joseph Kettle and William Stimpson, of Massachu- setts Bay aforesaid. Adjourned until 4 ho. P. M. Die Veneris, 4 ho. P. M. November 21, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tern. Mr. Scott, Mr. Snyder, Mr. Pawling, Mr. Dunscomb, Mr. Benson, Mr. Harper, Mr. Webster — Quorum. Mr. Livingston, Mr. E. Clark. The Council resumed the consideration of the draft of the resolutions prescribing the terms on which flour and meal may be exported from this State to the eastern States, which being read, amended and agreed to, are as follows, vizt : Whereas, according to the terms of the embargo lately laid by this Council against the exportation of flour, meal or grain out of this State, those articles may be exported from the same by special licence of this Council or the Legislature of this State : And whereas all due encou- ragement ought to be given for the importation of salt into the same at as moderate a price as possible : And where- as this valuable end as well as that of supplying our breth- ren in the eastern States with bread or other flour victuals for their necessary consumption on shore and on board their vessels in their voyages and in their cruises against the enemy, cannot be obtained without a permission to ex- port flour and meal : And whereas it is requisite never- theless, in order to prevent the too great scarcity and en- hancement of price of those necessaries within this State, and all supplies thereof to the enemy, that such permission should be granted, under certain restraints. To the end therefore that a sufficient quantity of flour and meal may be exported for the said purposes, under proper restric- tions and licences ; also, that the exportation thereof may be obtained with the greater ease, be it therefore and it is hereby Resolved, by this Council, That every person being an actual resident within this State or of either of the States of Connecticut, Massachusetts Bay, New-Hampshire or Rhode-Island and Providence Plantations, and having, if a resident within and subject of this State, a certificate in writing, signed by the chairman of the committee of the district wherein he shall reside, or if a resident and subject of either of the said other States, a certificate signed by the chairman or other proper officer of the district wherein he shall be resident, specifying such person's proper name, occupation and place of abode, and declaring him to be well attached to American liberty and independence, shall be and is hereby permitted and allowed to transport flour and meal from this Stale into any of the said other States for consumption only as aforesaid, and for no other use whatsoever, and under the following restraints, that is to say : First. That the general committee of each county within this State shall at a meeting thereof, to be duly convened by the chairman thereof without delay, by plurality of voices, appoint within each county not less than two nor more than five good, honest and sufficient persons, actual residents within the same, and subjects and freeholders of this State, commissioners lo grant licenses to such persons as shall from time to time apply to them for leave to trans- port flour and meal from this State into either of the said other States ; and that every such person so to be appoint- ed shall, before he enter on the execution of his office afore- said, take and subscribe before the chairman of such gene- ral committee, an oath in writing, either on the Holy Evan- gelists or with uplifted hand, of the following tenor, to wit : " I, A B, [specifying the name, occupation and place of abode of the person] appointed a commissioner within the in the county of by the general committee of the said county, as a commissioner to license the expor- tation of flour and meal out of this State, do hereby solemn- ly and sincerely swear and declare in the presence of Al- mighty God, that I will in all things well, faithfully and honestly, and without partiality, regard to my own private interest, fear, favour, affection, or hope of reward, exe- cute the office of commissioner for granting licences to export flour out of this State, according to the best of my knowledge and understanding, pursuant to a resolution of the Council of Safety for the State of New- York, of the eleventh day of November, in the year of our Lord one thousand seven hundred and seventy-seven ; and that dur- ing my continuance in the said office of commissioner, I will not be directly or indirectly interested or concerned in the exportation of flour out of this State, so help me God." Which oath the chairman of such committee is hereby authorized to administer. Secondly. That every person being a resident and sub- ject of this State, shall before such license as aforesaid shall be granted to him by any commissioner within the same, take and subscribe before such commissioner to whom he shall apply for such license as aforesaid, (who is hereby authorized to administer the same,) the following oath, either on the Holy Evangelists or with uplifted hand, to wit : " I, A B, [specifying the proper name, occupation and place of abode of the deponent] do solemnly swear and declare in the presence of Almighty God, that I will not export out of the Slate of New-York any flour or meal into any other place or country than such parts of the Slates of Connecticut, Massachusetts Bay, New-Hampshire, or Rhode-Island and Providence Plantations, as are or shall not be in possession of the enemy during the continuance of the embargo laid against the exportation of flour, meal and grain out of this State, by a resolution of the Council of Safety of the same, bearing date the eleventh day of November, in the year of our Lord one thousand seven hundred and seventy-seven ; and that I will not export out of the same to any or either of the said other Slates, any flour or meal whatsoever, other than the quantity of [here JOURNAL OF THE COUNCIL OF SAFETY. 1085 insert the quantity to be licensed] according to the tenor of a certain license to be granted to me by [here insert thaname and place of abode of the commissioner] one of the commissioners appointed by virtue of a resolution of the said Council of Safety, bearing date the twenty-first day of November, in the year of our Lord one thousand seven hundred and seventy-seven, to license the exportation of flour and meal out of" this State, and dated this day of in the year of our Lord one thousand seven hun- dred and unless upon fresh license to be had and obtained by me for the like purpose, after I shall have com- plied with the terms of this oath ; and that I will honestly and faithfully do my utmost endeavours to import into this State the whole proceeds of the said quantity of flour and meal, [or flour or meal as the case may be,] licensed to be exported by me, in salt, and consume the same in my own family or dispose thereof by retail, within this State, for the use of some inhabitant or inhabitants thereof, so help me God." Thirdly. That no resident or subject of this State shall, by virtue of any one license, export out of this State more than the quantity of thirty barrels of flour or meal. Fourthly. That every person being a resident and sub- ject of either of the said States of Connecticut, Massachu- setts Bay, New-Hampshire, or Rhode-Island and Provi- dence Plantations, shall, before such licenses aforesaid be granted to him by any commissioner within the same, take and subscribe before such commissioner to whom he shall apply for such license as aforesaid, (who is hereby autho- rized to administer the same,) the following oath, to wit : " I, A B, [specifying the proper name, occupation and place of abode of the deponent,] do solemnly and sincerely swear and declare, in the presence of Almighty God, that I will not export out of the State of New- York any flour or meal into any other place or country than such place or places in the States of Connecticut, Rhode-Island and Pro- vidence Plantations, Massachusetts Bay or New-Hamp- shire, as shall not be in the possession of the enemy, during the continuance of the embargo laid against the exportation of flour, meal or grain out of this State, by a resolution of the Council of Safety of the same, bearing date the eleventh day of November, in the vear of our Lord one thousand seven hundred and seventy-seven ; and that I will not ex- port out of the same, to any or either of the said other States, any flour or meal whatsoever, other than the quan- tity of [here insert the quantity to be licensed,] according to the tenor of a certain license to be granted to me by [here insert the name and place of abode of the commissioner,] one of the com- missioners appointed by virtue of a resolution of the said Council of Safety, bearing date the twenty-first day of No- vember, in the year of our Lord one thousand seven hun- dred and seventy-seven, to license the exportation of flour and meal out of this State, and dated this day of in the year of our Lord one thousand seven hundred and unless upon fresh license, to be had and obtained for the purpose, after I shall have made a further importation of salt into this State ; and that I have purchased [or will purchase, as the case may be,] the said quantity of flour or meal, [here insert the quantity,] bushels of already imported into this State, in barter for salt, or for money arising [or that may arise, as the case may be,] from the sale of the said salt ; and that I have not exported, or caused to be exported, and will not export, or cause to be exported, any of the said salt out of this State, but have disposed [or will dispose, as the case may be,] of the same within this State, by retail, for the use of some inhabitant or inhabitants thereof. So help me God." Fifthly. That every such commissioner as aforesaid, shall keep a regular book of his proceedings in the execu- tion of his office, in which shall be written the oath afore- said of every such exporter to whom he shall grant such 272 license as aforesaid, to be subscribed therein by such export- er, and certified by the commissioner ; and that at the foot of every such oath, shall be written, and in like manner cer- tified, the license thereby referred to ; and that a true copy thereof, in like manner subscribed by the said commis- sioner, be given by such commissioner to the exporter ; and that the tenor of every such license shall be as fol- lows, to wit : " By [inserting the name and place of abode of the commissioner,] one of the commissioners appointed for licensing the exportation of flour and meal out of the State of New-York, license and permission is hereby granted to [inserting the name, occupation and place of abode of the exporter,] to export [here insert the quantity of flour or meal to be licensed,] out of this State, to any place or places not in possession of the enemy, in either of the States of Connecticut, Rhode-Island and Providence Plantations, Massachusetts Bay or New- Hampshire. Given under my hand this day of in the year of our Lord one thousand seven hundred and ." Sixthly. That every such commissioner shall, on every such license as aforesaid, and the proceedings relating thereto, and before the same shall be granted, have and re- ceive for the same, from the person to whom the same shall be granted, the sum of six shillings and no more for a license for four barrels of flour or meal, and for a license for any greater quantity of flour or meal, the sum of twenty shillings and no more. Seventhly. That the said several and respective county committees shall, from time to time, and without delay, transmit to this Council of Safety, or the Legislature of this State, true copies of their aforesaid several appointments of commissioners, certified by their respective chairmen. Eighthly. That the said several commissioners shall, whenever required by this Council, or either branch of the Legislature of this State, deliver to them respectively their respective books, in which they shall have severally inserted such oaths and licenses as aforesaid. Ninthly. That any commissioner who shall in any wise wilfully be guilty of a breach of his duty herein prescribed to him, and being thereof convicted, shall incur the crime, and bear the punishment, of wilful and corrupt perjury. Tenthly and Lastly. That every person who shall export, or cause to be exported, or shall sell and dispose of, or purchase or procure, for that purpose, any flour, knowing the same to be intended to be exported out of this State, contrary to the tenor and true intent and meaning of this resolution, and shall be duly convicted thereof, shall suffer the pains of death, without the benefit of clergy. Ordered, 7'hat one hundred copies thereof be printed in handbills, and that the same be printed in Samuel Lou- don's newspaper. Resolved, That Mr. Scott, Mr. Benson, Mr. Pawling and Mr. Webster, or any three of them, be a committee to wait on His Excellency the Governor, and confer with him on the expediency of putting an end to the session of this Council, either by calling the Legislature of this State, or the Convention thereof. Resolved, That any three members of this Council be authorized and empowered to grant permits for the expor- tation of flour, meal and grain out of this State into the States of Connecticut, Rhode-Island, Massachusetts Bay, and New-Hampshire during the next adjournment of this Council. Ordered, That one of the Secretaries of this Council proceed to Rochester, and bring from thence to this place all the records and papers of the late Congresses, Conven- tion, Committees of Safety and Council of Safety of this State. Resolved, That the powers of the commissioners of se- questration in the several counties of this State, be, and the same hereby are extended to the estates and effects of 1086 JOURNAL OF THE COUNCIL OF SAFETY. such persons as have heen condemned and executed for treasonable practices against this Stale. Adjourned until Tuesday next 10 ho. A. M. TUESDAY, a. m. November 25, 1777. [The following is a true copy of a memorandum kept by Mr. Robert Harper.] In committee of the Council of Safety for the State of New- York : Granted a permit to John Hutchinson, Daniel Wyman and John Carter, all of Massachusetts Bay, to transport twenty-eight barrels and one hogshead of flour from this State to the said State of Massachusetts Bay, in return for salt, which they have brought from the said State into Dutchess county on the 20th instant. John Hutchinson and Daniel Wyman, of Charlestown, in Massachusetts Bay, applied for a permit to transport flour to the said State in return for salt, and for that pur- pose made oath as follows, vizt : " John Hutchinson and Daniel Wyman, of Charlestown, aforesaid, being duly sworn, deposeth and saith, That on the twentieth day of this instant, November, they, in com- pany with John Center, of Woburn, in the said State, have brought into Dutchess county about fifty bushels of salt; that a part of which has been sold to the inhabitants of this State and the remainder exchanged for flour, contained in twenty-eight barrels and one hogshead, which barrels and hogshead have, in pursuance of the embargo laid by the Council of Safety of this Slate, been detained by the com- mittee of Pawling's precinct ; that the whole of the said twenty-eight barrels and one hogshead of flour did not amount to the value of the salt brought into Dulchess county by the said John Hutchinson, Daniel Wyman and John Center. And the said John Hutchinson and Daniel Wyman farther deposeih and saith, that no greater quantity of flour or meal shall be exported out of this State in return for the said salt, than such quantity as a permit may be given by the Council of Safety of this State, to be ex- ported on account thereof. "JOHN HUTCHINSON, "DANIEL WYMAN. " Sworn this 25th day of No- > vember, 1777, before me. S " Daniel Dunscomb." Tuesday, P. M. November 25, 1777. Present — *Evert Bancker, Esq. President pro tempore. *Mr. Scott, »Mr. Harper, Mr. Livingston, Mr. E. Clarke, *Mr. Duns- comb. I, Thomas Brinckle, of Ulster county, in the Stale of New-York, tailor, do solemnly swear and declare in the presence of Almighty God, that I will not export out of this State any flour or meal into any other place or country than such parts of the State of Connecticut, Rhode Island and Providence Plantations, Massachusetts Bay or New Hampshire, as are not, or shall not be in the possession of the enemy during the continuance of the embargo laid against the exportation of flour, meal and grain, out of this State, by a resolution of the Council of Safety, bearing date the eleventh day of November, 1777 ; and that I will not export out of the same, to any or either of the said States, any flour or meal whatsoever other than the quan- tity of thirty barrels of flour, according to the tenor of a certain license to be granted to me by the Council of Safety for the exportation of the said thirty barrels of flour, and to bear date this day, unless upon a fresh license to be had and obtained by me for the like purpose, after I shall have complied with the terms of this oath ; and that I will ho- nestly and faithfully do my utmost endeavours to import into this State, the whole proceeds of the said quantity of flour so licensed to be exported by me, in salt, and con- sume the same in my own family or dispose thereof by re- tail for the use of some inhabitant or inhabitants thereof; and that I will honestly report to this Council of Safety or the Legislature for the time then being (on oath if required) the quantity of salt I shall import into this State in return for the said thirty barrels of flour, so help me God. "THOS. BRINCKLE. " Sworn this 25th November, ) 1777, before me. $ " Evert Bancker." A permit was given to the said Thomas Brinckle in the words following, vizt : " State of New- York, ss : — By Evert Bancker, Presi- dent pro tempore, John Morin Scott, Robert Harper, Da- niel Dunscomb, Philip Livingston and Ebenezer Clarke, of the Council of Safety for the State of New-York : "Pursuant to certain resolutions of the Council of Safety for the State of New-York, license and permission is here- by granted to Thomas Brinckle, of Marble Town in Ulster county, trader, to export thirty barrels of flour out of this State to any place or places not in possession of the enemy in either of the Stales of Connecticut, Rhode Island and Providence Plantations, Massachusetts Bay or New-Hamp- shire. Given this twenty-fifih day of November, in the year of our Lord one thousand seven hundred and seventy- seven. " By order." " Ulster county, ss. — I, Daniel Brodhead, of Marble Town, in Ulster county, yeoman, do solemnly swear and declare, in the presence of Almighty God, that I will not export out of this Slate any flour or meal into any other place or country, than such parts of the State of Connec- ticut, Rhode-Island and Providence Plantations, Massa- chusetts Bay or New-Hampshire, as are not or shall not be in the possession of the enemy during the continuance of the embargo laid against the exportation of flour, meal and grain out of this State, by a resolution of the Council of Safety, bearing date the eleventh day of November, 1777 ; and that I will not export out of the same, to any or either of the said States, any flour or meal whatsoever, other than the quantity of thirty barrels of flour, according to the tenor of a certain license to be granted to me by the Council of Safety, for the exportation of the said thirty barrels of flour, and to bear date this day, unless upon a fresh license to be had and obtained by me for the like pur- pose, after I shall have complied with the terms of this oath ; and that I will honestly and faithfully do my utmost endeavours to import into this State the whole proceeds of the said quantity of flour so licensed to be exported by me, in salt, and consume the same in my own family, or dis- pose thereof by retail for the use of some inhabitant or inhabitants thereof; and that I will honestly report to this Council of Safety, or the Legislature for the time then being (on oath, if required) the quantity of salt I shall import into this State, in return for the said thirty barrels of flour, so help me God. " DANIEL BRODHEAD. " Sworn this 25th Novr. 1777, ) before me, $ " Evert Bancker." A permit was given to the said Daniel Brodhead in the words following, vizt : " Ulster county, ss. — By Evert Bancker, President pro tempore, John Morin Scott, Robert Harper, Daniel Duns- comb, Philip Livingston and Ebenezer Clarke, members of the Council of Safety for the State of New-York. " Pursuant to certain resolutions of the Council of Safety for the State of New-York, license and permission is hereby granted to Daniel Broadhead, of Marble Town, in Ulster county, yeoman, to export thirty barrels of flour out of this Stale to any place or places not in possession of the enemy, in either of the States of Connecticut, Rhode-Island and Providence Plantations, Massachusetts Bay or New-Hamp- JOURNAL OF THE COUNCIL OF SAFETY. 1087 shire. Given this twenty-fifth day of November, in the year of our Lord one thousand seven hundred and seventy- seven. " By order." WEDNESDAY MORNING, November 26, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tempore. Mr. Harper,* Mr. Clarke, Mr. Ph. Livingston, Mr. Dunscomb, Mr. Scott,* Mr. Webster,* Mr. Pawling. Mr. Isaac Clason, of Rynbeck, in Dutchess county, of this State, trader, applied for a permit to transport flour from this State to the Massachusetts Bay, to procure salt, and bring the same into this State, whereupon he took the following oath, vizt : " I, Isaac Clason, of Rynbeeck, in Dutchess county, of the State of New-York, trader, do solemnly swear and de- clare, in the presence of Almighty God, that I will not ex- port out of this State any flour or meal into any other place or country, than such parts of the State of Connecticut, Rhode-Island and Providence Plantations, Massachusetts Bay or New-Hampshire, as are not or shall not be in the possession of the enemy, during the continuance of the embargo laid against the exporiation of flour, meal and grain out of this State, by a resolution of the Council of Safety, bearing date the eleventh day of November, 1777 ; and that I will not export out of the same, to any or either of the said States, any flour or meal whatsoever, other than the quantity of thirty barrels of flour, according to the tenor of a certain license to be granted to me by the Council of Safety, for the exportation of the said thirty barrels of flour, and to bear date this day, unless upon a fresh license to be had and obtained by me for the like purpose, after I shall have complied with the terms of this oath ; and that I will honestly and faithfully do my utmost endeavours to import into this State, the whole proceeds of the said quan- tity of flour so licensed to be exported by me, in salt, and consume the same in my own family, or dispose thereof by retail, for the use of some inhabitant or inhabitants thereof; and that I will honestly report to this Council of Safely, or the Legislature of this State for the lime being, (on oalh, if required) the quantity of salt I shall import into this State in return for the said thirty barrels of flour, so help me God. "ISAAC CLASON. " Sworn this 26th day of Novr. > 1777, before me, ) " Evert Bancker." A permit was thereupon given to the said Isaac Clason, in the words following, to wit : " State of New-York, ) Ulster County, J ' By Evert Bancker, Pre- sident pro tempore, John Morin Scott, Robert Harper, Daniel Dunscomb, Levi Pawling, Alexr. Webster, Philip Livingston and Ebenezer Clark, Esqrs. of the Council of Safely for the State of New-York : " Pursuant to certain resolutions of the Council of Safety for the State of New-York, license and permission is hereby granted to Isaac Clason, of Rhynbeck, in Dutchess county, of the State of New-York, trader, to export thirty barrels of flour out of this State to any place or places not in pos- session of the enemy, in either of the States of Connecti- cut, Rhode-Island and Providence Plantations, Massachu- setts Bay or New-Hampshire. Given this twenly-sixth day of November, in the year of our Lord 1777. «' By order." William Helms, applying for license to transport flour to Connecticut, for Jonathan Fitch, commissary for the said State of Connecticut, was examined, part of his examina- tion taken in writing, and the further consideration thereof postponed. Die Merctjrii, 4 ho. P. M. November 26, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tempore. Mr. Scott, Mr. Pawling, Mr. Dunscomb, Mr. Harper, Mr. Webster, Mr. Van Zandt, Mr.E. Clarke. Mr. Cornelius E. Wynkoop applied for a permit to export thirty barrels of flour to procure salt ; was sworn as follows, vizt : " I, Cornelius E. Wynkoop, of Marble Town, in Ulster county, do solemnly swear and declare, in the presence of Almighty God, that I will not export out of this State any flour or meal, into any other place or country, than such parts of the State of Connecticut, Rhode-Island and Pro- vidence Plantations, Massachusetts Bay or New-Hamp- shire, (as are not, or shall not be, in the possession of the enemy,) during the continuance of the embargo laid against the exportation of flour, meal and grain out of this State, by a resolution of the Council of Safety, bearing date the eleventh day of November, 1777 ; and that I will not ex- port out of the same, to any or either of the said States, any flour or meal whatsoever, other than the quantity of thirty barrels of flour, according to the tenor of a certain license, to be granted to me by the Council of Safety, for the exportation of the said thirty barrels of flour, and to bear date this day, unless upon a fresh license to be had and obtained by me, for the like purpose, after I shall have complied with the terms of this oalh ; and that I will ho- nestly and faithfully do my utmost endeavours to import into this State the whole proceeds of the said quantity of flour, so licensed to be exported by me, in salt ; and con- sume the same in my own family, or dispose thereof by retail for the use of some inhabitant or inhabitants thereof; and that I will honestly report to this Council of Safety or the Legislature of this State for the time being, (on oath if required,) the quantity of salt I shall import into this State in return for the said thirty barrels of flour : So help me God. " CORN. E. WYNKOOP. " Sworn this 26th day of Novr. ) 1777, before me. > " Evert Bancker." " State of New-York, ) Ulster County, J " By the Council of Safety for the State of New- York : "Pursuant to certain resolutions of the Council of Safety for the State of New-York, license and permission is here- by granted to Cornelius E. Wynkoop, of Marble Town, in Ulster county, of the State of New- York, to transport thirty barrels of flour out of this State to any place or places, not in possession of the enemy, in either of the States of Connecticut, Rhode-Island and Providence Plan- tations, Massachusetts Bay or New-Hampshire. " Given this twenty-sixth day of November, in the year of our Lord one thousand seven hundred and seventy-seven. " By order." A letter from John Nicoll, acting deputy quarter-master- general, dated at New-Windsor, on the twentieth instant, was read, and follows in the words, to wit ; " New-Windsor, Novemr. 20, 1777. " Hond. Sir — There is wanted for our works in ob- structing the navigation of Hudson's river here, 300 fa- thom of three inch rope, twelve small blocks, three anchors and cables. I have applied to the Quarter-Master-General, who has supplied me with all he has in store, and will still do the same ; but these things he has not, neither can by any means procure at present. I am, therefore, under the necessity of applying to you, as it is in your power to order them off some of the vessels which are laid by for the winter, and by that time our business will be done. I 1088 JOURNAL OF THE COUNCIL OF SAFETY. have sent Capt. Willm. Matthewman with a sloop for the purpose. " I am, sir, your most obed. hum. servt. " JOHN NICOLL, Act. D. Q. M. G." Thereupon, a draft of a letter to Major-General Gates was prepared by the Secretary, read, approved of, and is in the words following, to wit : " Sir — Mr. John Nicoll, acting deputy quarter-master- general at New-Windsor, has, by letter, applied to us for three hundred fathom of three inch rope, twelve small blocks and three anchors and cables. We conceive, sir, his application would have been more properly made to you, and therefore enclose you a copy of his letter. " Indeed, we are necessitated to refer his application to you, as by the late conflagration of the State rope works, at Kingston, every article which Mr. Nicoll requests, that was in our power to furnish, is destroyed. " We are informed that the rope and blocks requested, may be obtained out of some public stores at Albany, and hope anchors and cables may be, by some means, also ob- tained there. " We have the honour to be, " With great respect and esteem, sir, " Your most obedt. humble servant, " By order. " Hon!. Major-Genl. Gates, Commander-in-Chief in the Northern Department." Ordered, That a copy thereof be engrossed and signed, by the President, and transmitted by Mr. Matthewman. Whereas information hath been given to this Council, by Daniel Graham, Esqr. chairman of the committee of Ulster county, that the salt allotted to the inhabitants of the southern part of the said county, is by no means suffi- cient to supply the said inhabitants, agreeably to the regu- lations of the late Council of Safety, whereby the said salt is directed to be distributed, at three quarts to each person : Resolved, That the commissioners appointed to distri- bute the salt allotted to the inhabitants of the southern part of Ulster county be and are hereby authorized to distribute the same at the rate of three pints to each person only; any thing in the said resolutions of the late Council of Safety to the contrary thereof in any wise notwithstanding. Adjourned until to-morrow morning 10 ho. DIE JO VIS, 10 ho. a. m. November 27, 1777. The Council met pursuant to adjournment. Present — Evert Bancker. Esqr. President pro tern. Mr. Pawling, Mr. Benson, Mr. Webster, Mr. Dunscomb, Mr. Scott, Mr. Van Zandt, Mr. Harper, Mr. P. Livingston. A letter from the committee of Rhynbeck precinct, dated the twenty-first November instant, and signed by Jacob Heermans, their chairman, was read. The said committee therein complain of the exorbitant price at which Colo. Robert Livingston sells iron ; and that he demands payment for the same in pork, at the rate of seventeen pounds per hundred. And in a postcript they say, that they have been informed that Colo. Livingston demands twenty pounds per hundred for iron. A petition of Isaac Van Vleck, without date, praying an order to the commissioners of sequestration in Albany county, not to dispose of his effects as confiscated. A letter from John Younglove and George Palmer, two of the commissioners of sequestration in the northern dis- trict of the county of Albany, dated at Cambridge the fifteenth instant, was read. They thereby complain that the allowance made to them is insufficient to defray their necessary disbursements, and praying such relief as the Council may think proper. A letter from Major John Wheelock, dated at Hanover on the thirtieth day of October last, was read. He therein mentions that he has sent his accounts by Captain Paine, and requests that they may be settled and his receipts de- livered up. Ordered, That the last mentioned three letters and peti- tion be committed to Mr. Harper and Major Webster to report thereon. " Ulster county, ss. — William Helms, on his examina- tion on oath says, that he has been a resident of New- Haven, in Connecticut, for two years past ; that he has not any certificate from the committee, or any proper officer ; that he is friendly to the American States ; that he is not well acquainted in Dutchess county ; that three weeks after he came into this Stale he was employed by the commissary for the Stale of Connecticut; that he ex- changed salt, gin and rum for the flour he transported out of this State in October last ; that he first came to trade in this State the week before Fort Montgomery was taken ; that he exported only eighteen barrels of flour out of this State, on his own account, before he was employed by ihe Commissary-General ; that the flour and meal stopped at Fredericksburgh, in the hands of Jeremiah Burges, Nathan Crosby, Theodoras Crosby, and one Jones, was 18 barrels of flour, and eight barrels of cornel, and two barrels of wheat, which was transported to Norwalk ; that eight of those barrels belonged to Samuel Fairchild of New-Haven, and that he the said Wm. Helms has not at any time transported any other flour or meal out of this Stale ; that the said flour and meal was sent to the care of Samuel Little of Norwalk, and from thence carried to New-Haven; that he has seen one Abbot, at Norwalk, and heard of him often, but is not much acquainted with him ; that on the 13th instant he was appointed by Jonathan Fitch, the commissary, to procure flour for him, and that the commis- sary furnished him with one hundred and two pounds five shillings, including the interest thereon, lawful money for that purpose ; that on his coming into this State in conse- quence of the said appointment, he purchased wheat, and had the same manufactured ; that for some of the said wheat he gave twelve shillings, and for other part fourteen shillings per bushel ; that the same was manufactured at the mills of Samuel Verplanck ; that the wheat so pur- chased will yield about fifty barrels of flour and cornel, and did cost on an average about 13s. 6d. per bushel ; that since his appointment by Jonathan Fitch, he has not pur- chased any grain, flour, or meal, on his own account ; that he imported into this State in sugar, gin, and 17^ bushels of salt, to the amount, as he sold, of about one thousand eight hundred and ninety-six dollars and one-fourth of a dollar ; that he purchased for Commissary Fitch, two hun- dred and six bushels of wheat ; that he has not bought any wheat or flour for himself, except the quantity above men- tioned, unless James Burchim of Fredericksburgh, with whom he left some sugar, gin, and salt, may have bartered the same, or part thereof, for flour, meal, or grain ; that he directed the said Burchim to dispose of his said sugar, gin and salt for any kind of produce, to those who had pro- duce, and to sell for money to those who had no produce ; that the 28 barrels of flour, and two barrels of wheat, which was for some time detained by order of Colo. Luddington, was detained until the examinant's character and reputation was mentioned to him, because Colo. Luddington had been informed, as he said, that flour was sent to Norwalk, and from thence transported to the enemy ; that he, this deponent, has been informed that one Jarvis lately (on last Sunday last a week, to the best of his remembrance,) went off from Norwalk in a boat with forty barrels of flour, and went into Huntington harbour; that he left the 28 barrels of flour and meal, and two barrels of wheat, herein before mentioned, at New-Haven, when he came last from thence ; that ten barrels of the said flour was to be sent to a person at Norwich, (to wit, to Christopher Leffingwell as he supposes,) in payment for salt purchased by the said Samuel Little, herein before mentioned. " And the deponent farther deposeth and saith, that Jo- nathan Fitch of New-Haven, acts as a commissary, in Con- JOURNAL OF THE COUNCIL OF SAFETY. 1089 necticut, for the forces that go through that State, or are stationed in the same ; that the said Jonathan Fitch did appoint him, the deponent, to purchase flour for the public use, as commissary ; that the said Jonathan Fitch wrote the appointment, or certificate, produced by the deponent in his, the deponent's presence ; that if the Council of Safety should think proper to grant a permission to trans- port the flour which the deponent has applied for license and permission to transport, he will use his best endeavours to have the same transported to New-Haven, and delivered to the said Jonathan Filch, or his order ; that the said Jo- nathan Filch is not concerned in any trade or traffic as a merchant, to his, the deponent's knowledge or belief, and that he verily believes that the said flour for which he, the deponent, applies for a license and permission to transport out of this State is intended to be applied, and will be ap- plied, for the support of the troops or militia of the said State of Connecticut, or of the United American States, that may pass through or be stationed in the said State of Connecticut, and to, or for no other use or purpose what- soever. And farther the deponent saith not. "WILLIAM HELMS. " Sworn this 27th day of No- ) vember, 1777, before me, > "Evert Bancker." " By the Council of Safety for the State of New-York: " License and permission is hereby granted to William Helms of New-Haven, in the State of Connecticut, to transport out of this State of New-York fifty barrels of flour to New-Haven aforesaid, to be delivered to Jonathan Fitch, Esqr. at New-Haven as commissary for the support of the troops, or militia of the said State of Connecticut, or of the United American States that may pass through, or be stationed in the said State of Connecticut ; the said William Helms having given such assurances by oath that the said flour shall be applied for the uses above mention- ed, as were required by this Council." Mr. Abraham Schenk, one of the commissioners for maintaining and providing for the poor refugees now in Dutchess county, gave satisfactory evidence to the Council that the said commissioners are in want of a further ad- vance of cash : Ordered, That the Treasurer of this State advance to Abraham Schenk and Gideon Ver Veelen, the commis- sioners for providing for the said poor in Dutchess county, or either of them, for that use, the sum of four hundred pounds, on account, and take a receipt for the same. Resolved, That the poor in Dutchess county in the charge of Abraham Schenk and Gideon Verveelen, com- missioners appointed for that purpose, be entitled to receive their proportion of the salt allotted to that county with the other inhabitants thereof ; and that the commissioners for distributing the said salt be authorized and required to de- liver to the said Abm. Schenk and Gideon Verveelen, (they paying for the same at the rate the said salt is direct- ed to be sold,) for the use of the said poor, three quarts per head for so many of the said poor as the said Abraham Schenk and Gideon Verveelen shall certify they now have under their direction, the want of certificate that the said poor, or any of them, are well attached to the American cause notwithstanding. P. M. November 27, 1777. The same members as this morning, with Colo. Snyder. Whereas, in the late regulations made by this Council by their resolution of the 21st day of November instant, to permit the exportation of flour and meal from this State to the States of Connecticut, Massachusetts Bav, Rhode- Island and Providence Plantations, and New-Hampshire, in exchange for salt ; no provision was made for licensing the exportation of flour and meal by the commissaries 273 appointed in th e said several States respectively, for victual- ing the troops within the same, that shall from time to time be in the actual service of the said several States, or any other of the United States, or in the Continental ser- vice ; by reason whereof, the embargo lately laid against the exportation of flour, meal and grain out of this State, will prevent the said commissaries from obtaining out of the same such supplies of flour and meal as will be neces- sary for the use and purpose aforesaid, unless some special provision be made in the case by this Council : Resolved, therefore, That as often as any of the said commissaries, or their assistants or agents, shall have need to export flour or meal for the use and purpose afore- said, out of this State, they and each of them shall be, and are hereby severally entitled to the benefit of the said re- solution for the exportation of flour and meal for the use and purpose aforesaid, for salt for money ; and instead of the oath prescribed by the said resolution, shall, before any license shall be granted to him or them for such expor- tation as aforesaid, by any of the commissioners to be ap- pointed to grant licenses by virtue of the said resolution, take and subscribe the following oath, before such of the said commissioners as shall grant the license, to wit : " I, A B, of, [mentioning the place and State wherein he shall reside,] do solemnly and sincerely swear and declare, that I am duly appointed commissary, [or as- sistant commissary, as the case may be,] for supplying the troops within the State of [here insert the name of the State with provisions,] that I will not purchase in and export out of this State any flour, meal or grain what- soever, other than such quantities thereof as I shall receive license for, of equal date herewith, from one of the commis- sioners appointed for licensing the exportation of flour out of this State, by virtue of a resolution of the Council of Safety of the same, dated the 21st day of November, in the year of our Lord, 1777, and that no part thereof shall be applied by me or by any other person with my consent or permission, to any other use or purpose than is herein above mentioned ; and that I will not under colour of the said license, export out of this State any flour or meal for my own or any other private use whatsoever, so help me God :" And further, that every such license so to be granted as aforesaid, by virtue hereof, shall express the use to which the flour, or meal, or grain, therein licensed for exportation shall be applied ; and that every such oath and license to be taken and granted by any of the said commis- sioners by virtue hereof, shall be registered by the com- missioner taking and granting the same, in the same man- ner as is required with respect to oaths to be taken and licenses granted by virtue of the said resolution of the 21st day of this instant month of November. Ordered, That the further consideration of the afore- going resolution relative to the exportation of flour and meal, be postponed till to-morrow. Ordered, That the Treasurer of this State advance to Mr. Abraham B. Bancker, commissary of prisoners of war in this state, the sum of one hundred and fifty pounds on account. Ordered, That the Treasurer of this State pay unto Daniel Dunscomb, Esq. the sum of twenty-four shillings for two pair of snuffers, two pair of hinges, and one lock, for the use of the General Assembly of this State. The committee appointed to wait on His Excellency the Governor, to confer with him on the expediency of putting an end to the session of this Council either by cal- ling the Legislature of this State or the Convention thereof, re ported as follows, to wit : "That they had waited on His Excellency at New- Wind- sor, and had conferred with him upon the subject. That His Excellency informed them that Congress had deter- mined to have works and foriifications erected at the High- lands for the defence of the river in the best manner possi- ble, and committed the superintendence of it to him ; and that he could not, consistent with a proper attention to this 1090 JOURNAL OF THE COUNCIL OF SAFETY. malter, attend to public business at any place farther dis- tant from 'New-Windsor than Poukeepsie ; that His Excellency conceived it most expedient 10 put an end to the session of this Council by calling a meeting of the Legislature, and therefore proposed the Legislature should be convened by his pioclamation at Poukeepsie very early in the month of January ; that thereupon your com- mittee agreed that Mr. Benson should proceed to Pou- keepsie to inquire whether accommodations could be pro- cured there for theLegislature ; that His Excellency wished that the Council would take the matter into consideration as soon as possible, and inform him of their opinion ; that His Excellency was very desirous to hold a council of ap- pointment to appoint magistrates in different parts of the Stale, and requested this Council, by circular letters, to inform the members of the council of appointment thereof ; and Mr. Benson reported that he had been at Poukeepsie, and had assembled the principal inhabitants of that place, who had agreed to accommodate the members with board, agreeable to the list which Mr. Benson delivered in to the Council." And, the same being taken into consideration, it was Resolved, That it be recommended to His Excellency, the Governor, by his proclamation to convene the Legisla- ture at Poukeepsie as early in the month of January as possible. DIE VENERIS, 10 ho. a. m. November 28, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tern. Mr. Scott, Mr. Benson, Mr. Snyder, Mr. Harper, Mr. Dunscomb, Mr. Webster, Mr. Pawling, Mr. Van Zandt. The committee to whom was referred the petition of Isaac Van Vleck, delivered in their report, which was read and filed. And it was thereupon Resolved, That this Council did not, by discharging Isaac Van Vleck from confinement, intend to exempt his estate from sequestration. Mr. Dunscomb dissented. The committee to whom was referred the letter from the committee of Rhinebeck, reported on that part thereof which relates to the practice of horse racing, was read and filed. Thereupon Resolved, That the practice of horse racing is prohibit- ed by the eighth article of the general association ; and that the said committee have full power to put the same into execution. Resolved, That the committee of sequestration, in the respective counties in this !Stale, be and they are hereby directed to deposit without delay, into the treasury of this State, all the gold and silver, and all wrought plate belong- ing to the estates of persons gone over unto or who are with the enemy, which they may have seized and taken into their possession ; and that the plate and money seized from the estate of each such person be put up in, one pack- age, and each package marked with the name of the per- son from whose estate the same was so seized and taken. The committee to whom was referred the several reso- lutions of Congress, reported ; which was read and agreed to, and is in the words following, to wit : "Your committee to whom was referred the resolutions of Congress, of Julv , August the 28th, September the 3d, October the 14th, and October 17th last, do report with respect to the first resolution, that it ought to be transmitted to His Excellency the Governor, with whom your committee conceive it lies to appoint persons to raise, recruits and secure deserters, agreeably to the directions of the resolution. Your committee however think it would not be improper, if the Council are acquainted with any persons proper for the office, to mention them to His Ex- cellency for his approbation. " With respect to the second resolution, that proper pro- vision is ahcady made by the laws of this State for appre- hending persons supposed inimical to the cause of Ameri- ca, and that it does not appear that any meetings of suffer- ings have been held by the people called Quakers, in this State. " With respect to the third resolution, that a bill should be brought in at the next session of the Legislature, ap- pointing commissioners to procure tents, arms and other military stores, blankets, clothing, medicines, and other ne- cessary articles lor the use of the military of this State ; and that the quantity of military stores manufactured in this Stale, it any, is so small that it is altogether unneces- sary to report it to Congress. " With respect to the fifth resolution, that a bill ought to be brought into ihe Legislature, at their next meeting, for completing the five Continental battalions, raised within this State. Also a bill for the more effectual apprehend- ing and securing deserters from the service of these Stales, and delecting and punishing persons who shall knowingly conceal or assist such deserters, or detain, buy, exchange or receive any horse, arms, accoutrements or clothes belong- ing to these States, from any soldier, trooper or mariner in the service of the said Slates." Friday Afternoon, November 28, 1777. Present — Evert Bancker, Prest. pro tern. Mr. Scott, Mr. Benson, Mr. Livingston, Mr. Snyder, Mr. Harper, Mr. Van Zandt, Mr. Webster, Mr. Dunscomb. The committee to whom was referred the letter from the commiltee of Rynbeck precinct, charging Robt. Livingston, Esqr. with selling bar iron at £l7 per hundred, reported the following resolutions, which being read, were approved and adopted as ihe unanimous act of this Council, to wit : Resolved, That ii is the duly of this Council to take notice of the complaint against the said Robert Living- ston, contained in ihe said letter. Resolved, That copies of such parts of the letter as re- lates to the said complaint, and of these resolutions be, (by a special messenger to be procured for that purpose,) served on the said Robert Livingston, to the end that he may defend himself against the said charge. Resolved, That the said Robt. Livingston, forthwith, (either by a personal appearance before this Council, or by letter, to be transmitted by the return of said messenger,) whom he is authorized to detain a reasonable lime for that purpose, inform this Council whether the above malter charged against him is true ; and particularly that he in- form this Council of the highest price at which he has lately sold bar iron, and as nearly as the same can be com- puted of the difference of expense between the present time and the year 1775, of manufacturing a ton of refined bar iron from the ore at his iron works. A letter from the committee of Albany, signed by their secretary, dated the 18th inst. with the documents therein enclosed, was received and read. A copy of a letter from the committee of Tryon county, dated the fourteenth day of November instant, therein en- closed, relative to sending a party of troops to Unadilla, and an extract of General Gates's letter to the commiltee of Albany, were read, and are in the words following, to wit : " In Committee of the County of Tryon, ) " November 14, 1777. ) " Sir — Notwithstanding the representations made by the chairman of this board, when last in Albany, we are again necessitated to apply for a few troops to be stationed on the southern froniiers of this county. "We have lately had a scouting party to Unadilla, who gave us information that a large number of disaffecied peo- ple have collected at that place, and from appearances, they were making preparations for some expedition. Some say it is meditated against the frontiers of Ulster county, while others say it is intended against this county. JOURNAL OF TH COUNCIL OF SAFETY. 1091 " Unadilla is a receptacle for all deserters from the army, runaway negroes, and other bad people. We therefore judge it extremely necessary to have that nest entirely eradicated ; and until that is done, we never can enjoy our possessions in peace, for those villains carry off all the cattle they can find, besides robbing the well affected in- habitants. " We are, gentlemen, vour humble servants. " By order of the committee, " PETER S. DEYG ART, " Chairman. " To John Barclay, Esqr." The extract of General Gates's letter, in answer thereto, was as follows, viz : " Col. Van Schaick reports that Unadilla is near 70 miles southwest of Cherry Valley ; that there is no means of sending supplies or maintaining troops when they are there; besides, he is certain that any tories or disaffected Indians that may be there will, on the approach of any party to rout them, immediately disperse." SATURDAY MORNING, November 29, 1777. Present — Fvert Bancker, Esqr. Prest. pro tern. Mr. Harper, Mr. Webster, Mr. Duscomb, Mr. Snyder, Mr. Benson, Mr. Fh. Livingston. The weather being very stormy, no other members at- tended ; and for want of another member of the quorum, the Council could not proceed to business. MONDAY, a. m. December 1, 1777. The Council met pursuant to adjournment. Present— Evert Bancker, Esqr. Prest. pro tern. Mr. Benson, Mr. Paulding, Mr. Snyder, Mr. Harper, Mr. Livingston, Mr. Scott, Mr. Dunscomb, Mr. Webster. A letter from the Honble. Jas. Duane, Esqr. was read, and follows, viz : " York Town, Pens. 22d Novr. 1777. " Dear Sir — I am greatly obliged to you for your ac- ceptable favour. All the news I can collect I have by this opportunity conveyed to the Honourable Council of Safety. As it will fall, of course, into your hands, it is needless to repeal the intelligence. You soon will receive the Confe- deration, with an address to convene the several Legisla- tures to ratify it ; and a plan of taxation, and for supplying the army on more reasonable terms. The wealth of the Indies would not support the war, as it is now conducted. Indeed, it is impossible longer to gratify the avidity of the people, who set no bounds to their sharping and extortion. " Mr. Morris has not yet made his appearance, nor Mr. Lewis. I must have patience, for I dare not, in the pre- sent circumstances, leave our State unrepresented. Mv heart bleeds for the misfortunes of our friends of Kingston, and the eastern shore. Our implacable enemies seem to have taken leave of the feelings of humanity, and to exult in a predatory war, which would disgrace the fiercest sava- ges. That God in whom we trust, will, I hope, inspire us with vigour and fortitude, and enable us to put a speedy termination to these trying calamities. "Adieu, my dear sir, and believe me, with truth, " Your most obdt. humble servant, " JAS. DUANE. " John McKesson, Esqr." Col. Paulding, Major Webster and Egbert Benson, Es- quires, delivered in a memorandum of the moneys by them expended in going to His Excellency the Governor, at Mew-Windsor, and returning, in obedience to an order of this Council, passed the 21st of November last, amounting to five pounds eighteen shillings. Ordered, That the Treasurer of this State pay to Col. Levi Pawling, or his order, the said sum of five pounds eighteen shillings, and take a receipt for the same. Ordered, That the Treasurer of this State pay to Robt. Benson, Esqr. one of the Secretaries, twelve dollars, for the like sum by him advanced for the Slate to James Campbell, on the 24lh day of November last, for carrying the resolutions of the Council of Safety (relative to the exportation of flour and meal out of this State) to the chairmen of the committees of the north and south sides of the mountains in Orange county and to the chairman of the committee of Ulster county. Monday, P. M. December 1, 1777. Council met pursuant to adjournment. Present — Evert Bancker, Esqr. Prest. P. T. Mr. Scott, Mr. Benson, Mr. Pawling, Mr. Snyder, Mr. Harper, Mi. Dnnscomb, Mr. Webster, Mr. Phil. Livingston, Mr. Rowan. Matthew Adgate, Esqr. one of the commissioners of se- questration for the lower district of the county of Albany, in behalf of the said commissioners, laid the case of Wil- liam H. Ludlow before this Council, from which and from the papers attending the same, it appears that the said William H. Ludlow has in his possession at Claverack divers goods, chattels and effects, belonging to Gabriel H. Ludlow and Charles Shaw, in copartnership, who are now with the enemy ; which goods, chattels and effects the said Wm. H. Ludlow claims the detention from the said com- missioner for the following reasons, to wit : That Henry Ludlow, his father, had invested the said copartnership with a considerable share of his properly, to the amount of three thousand pounds and upwards, to be so far benefitted himself by the said investiture as to receive an ample, handsome and competent supply for himself and his family from the advantages arising from the trade of the said co- partnership if it should prove successful. That the said Wm. H. Ludlow has received and is possessed of the family furniture and the clothing of such of the family as are with him, with some articles of merchandise belonging to the said company, lodged in his hands for sale, to an- swer the calls of the said family during the present trou- bles ; and that the said William H. Ludlow and other per- sons whom the said commissioners suspect can give full and particular information of the said goods, chattels and effects, do refuse to be examined fully upon oath touching the same, pursuant to the resolution of the Convention of this State, of the 6th day of March last, and another reso- lution of the Council of Safety of this State, of the 5th day of September last; upon which case the said commis- sioners pray the advice of this Council for removing certain doubts thereon. It is therefore Resolved, That the said commissioners ought, without delay, to carry into effectual execution the said resolution of the 5lh day of September, against all such persons who, being required by the said commissioners, shall refuse or delay to give such information on oath relating to the said case, as by the said resolutions, or either of them, is di- rected. Resolved, That upon discovery of any goods, chattels and effects, or any part thereof, belonging to the said Ga- briel Ludlow and Charles Shaw, or either of them, abso- lutely or in manner aforesaid, the said commissioners ought forthwith to seize and take the same into their custody ; but that they desist from the sale thereof until they shall have made report to this Council of their proceedings herein and have received further directions of this Council thereon. And to enable the said commissioners the more effectu- ally to do their duty in the premises, and because of the aforesaid refusal of the said Wm. H. Ludlow and the said other persons to be examined fully on oath before the said commissioners touching the same : Resolved, That the said commissioners, or any two of them, be, and they are hereby, authorized and empowered 1092 JOURNAL OF THE COUNCIL OF SAFETY. to enter into any houses and places wherein they shall have reason to suspect any of the goods, chattels and effects are concealed, and to break open any building or dig up any soil for the purpose of seizing and possessing themselves of the same. Resolved, That the commissioners of sequestration in the respective counties in this State, or any two of them in their respective counties, be, and they hereby are autho- rized and empowered to enter into any houses and places wherein they shall have reason to suspect any goods, chat- tels or effects of persons gone over to or with the enemy, to be concealed, and to break open any building or dig up any soil for the purpose of seizing and possessing them- selves of such goods, chattels and effects. A draft of a circular letter to the members of the Le- gislature, was read and approved, and is in the words fol- lowing, vizt : " Hurley, Deer. 1st, 1777. " Sir — I am directed by the Council of Safely to inform you that His Excellency the Governor has issued his pro- clamation convening the Legislature at Poughkeepsie on the 5th day of January next, and to request your punctual attendance. " The Council intend by a proper adjournment to be made in the meantime, to meet at Poughkeepsie on the 17th instant, and earnestly request your attendance there also, as they are extremely anxious that a sufficient num- ber of members should there be assembled to form a Con- vention, not only for the despatch of some very important business now before them, but also to prepare matters pre- vious to the meeting of the Legislature, and by that means shorten the duration of the next session. " I am, sir, your obedt. servant, " By order." Ordered, That copies thereof be signed by the Presi- dent, and transmitted. Resolved, That Zephaniah Piatt and Gilbert Livingston be authorized and requested to employ an agent to pur- chase forty tons of hay and five hundred bushels of oats, rye, Indian corn and buckwheat, and deposit the same in proper magazines at Poughkeepsie, for the use of the Le- gislature. Capt. Abraham Lewis informed the Council that he had used his utmost endeavours to raise the Continental galley, named Lady Washington, now sunk in the Roundout kill, and that his attempts have proved unsuccessful. The Council thereupon directed him to make report thereof to His Excellency the Governor : And, Ordered, That the men belonging to the vessel com- manded by Capt. Benson, who have been employed in at- tempting to raise the said galley, proceed with Capt. Lewis to New-Windsor. FRIDAY MORNING, 10 ho. December 2, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. Prest. pro temp. Mr. Scott, Mr. Harper, Mr. Livingston, Mr. Benson, Mr. Snyder, Mr. Rowan, Mr. Dunscomb, Mr. Webster. Whereas by the sinister practice of many of the agents in the commissary's department of the Continental army, to advance their own private emolument at the public ex- pense, the price of flour furnished to the troops has been raised to a most exorbitant height : Resolved, therefore, That Mr. Scott, Mr. Pawling and Mr. Harper, or any two of them, be and they are hereby appointed a committee to inquire into the aforesaid sinister practices, and report thereon with all convenient speed ; and to that end that they be, and they are hereby autho- rized and empowered to send for persons and papers, and to examine witnesses on oath, and to commit for con- tempt. The petition of John Gibson, John Todd and twenty others, from Charlotte county, was read and follows, vizt : " To the Honourable the Council of Safety for the State of New-York. " The petition of the subscribers in the county of Char- lotte most humbly sheweth : " That your petitioners are for the most part emigrants from Ireland, who lately settled here, and have always done military duty when called ; and at the late retreat from Ticonderoga, some of us fought our way through an ambushment of regulars and Indians and brought in 7 pri- soners. " Arriving at home, we saw some flying towards other States, though it was said they were on the eve of a fa- mine, and had set guards to prevent our entry among them. All our families, wanting wagons and cash, could not remove ; while your petitioners were busy erecting a fort in New-Pearlh by Genl. Schuyler's orders, (our army retreating,) a written message arrived from Burgoyne's camp, peremptorily denouncing military vengeance on us if we went not to him speedily for protection. Meantime, 9 persons were barbarously murdered by the savages be- side us — the Indians killing and making prisoners all they found moving southward — the woods being full of them, our wives and children filled with horror ; your unhappy petitioners, at last overcome with panic, very unhappily fled into the rear of Burgoyne's camp, but yet lived on our own provisions, refusing to lift arms, and not more than 4 of us took any oath to them. At last, hearing that the Honourable Council had passed an act of grace, your pe- tioners made several attempts to escape and claim the be- nefit thereof, but were prevented by their double guard, and some of us twice confined ; yet about 7 of us escaped a few days before the happy surrender, but obtained not the benefit of said act. " Now, your distressed petitioners humbly beg leave to surrender themselves to the Honourable Council, hum- bly confessing their great offence in flying to Burgoyne's camp. We prostrate ourselves at the Council's feet, earn- estly imploring their mercy and pardon, with protection of the laws ; hereby humbly offering henceforth to defend the good cause of America. " The Honourable Council's granting this petition will be a signal display of clemency, and will effectually bind your petitioners and all their connection to this State by every principle of gratitude and love ; and although above £500 worth of goods hath been already torn from your supplicants by scouting parties, yet your acceptance of us would happily relieve from the terror of being murdered in the night season by those who please again to fire sharp shot at your petitioners' houses, women and children, who being disarmed and confined to our farms by the commit- tee, can not make a personal surrender of ourselves to the Honourable Council, but as in duty bound shall pray. " James Craig, his " Adam y, Getty, mark, " Duncan McArter, " Peter McEwen, "Daniel Livingston, " Robt. Creghton, " John Chambers, "William Bell, " John Gibson, " David McKnight, " James Means, " James Beaiy, "Alexander Means, " John McKnight, " John Means, " Samuel Burns, " Thomas Beaty, "William Beal, '* Robert Caldwell, " David Scott, " John Cloehen." " John Todd, Resolved, That the consideration of the said petition be referred to the Legislature, and be laid before them at their next meeting. In order, notwithstanding, to prevent bloodshed and other irregularities, and that the petitioners may be enabled to provide for their families, who other- wise may become chargeable to the public, Resolved, That the said petitioners in the meantime be permitted to remain on their respective farms and be pro- JOURNAL OF THE COUNCIL OF SAFETY. 1093 tected in their respective persons and estates ; provided, nevertheless, that nothing in these resolutions contained, shallb e construed to restrain the powers and authorities of the committees or commissioners of sequestration in the county of Charlotte. Tuesday, December 2, 1777. Present— The President pro tern, and the same members as in the forenoon. No material business was done. WEDNESDAY MORNING, December 3, 1777. Present — Evert Baneker, Esqr. President pro tern. Mr. Scott, Mr. Benson, Mr. Phil. Livingston, Mr. Rowan, Mr. Har- per, Mr. Dunscomb, Mr. Webster, Mr. Ebenezer Clarke, Mr. Pawling, Mr. Snyder. Ordered, That the Treasurer of this State pay unto Roeloff Elting the sum of thirty-two pounds four shillings, for going with despatches from this Council to the Ho- nourable the General Congress, at York Town, in Penn- sylvania, and returning. Resolved, That at some future day this Council will adjourn to meet at Poughkeepsie, in Dutchess county, on the seventeenth instant. A letter from His Excellency the Governor, dated the 1st inst. and received by John McLean, (the rider,) was read, and follows, vizt : " Little Britain, 1st Deer. 1777. " Gentlemen — I have received your letter of the 30th ultimo, with the resolve of your Board enclosed therein. In consequence of which, I shall issue a proclamation for convening the Legislature at Poughkeepsie, on Monday the 5lh of January next. " I have not a word of late news from the southern army. We have flying reports of an attempt against Fort Mercer, in which the enemy were repulsed with great loss ; but not in such a way as to be depended on. A small party from our advanced water guard, a few nights ago, slipped down in a dark night, passed the enemy's shipping, and burnt General Deluncey's house, at Bloomingdale, took two prisoners and returned safe. Different parties of Genl. Dickinson's troops have been on Staten island, but with what success I have not yet learned. Other small parties have been at Bergen and Hobock, where they took a few prisoners and some horses. " I am, with due respect, " Your most obedt. servt. "GEO. CLINTON. " P. S. I shall depend on your Secretaries to issue the circular Liters, as I am without help. " The Honble. the Council of Safety, Hurley." P. M. December 3, 1777. Present — The same members as the morning, except Mr. Benson, who went home wilh leave. The Council having passed the afternoon in examining the accounts of Major Wheelock and Capt. Samuel Paine, adjourned without coming to any final determination there- on. THURSDAY MORNING, December 4, 1777. The Council met pursuant to adjournment. Present — Evert Baneker, Esqr. President pro tern. Mr. Pawling, Mr. Webster, Mr. Phil. Livingston, Mr. Scott, Mr. Snyder, Mr. E. Clarke, Mr. Harper, Mr. Dunscomb. A letter from the committee of Albany, dated Novr. 2d last, relative to Andrew Palmetier, a captain who enlisted men in the enemy's service, and principal ringleader in 274 robbing and destroying the effects of our friends on the east side of Hudson's river, and requesting that the judge may be directed to hold a court of oyer and terminer at Albany, to try the offender, was read and filed. The Council were informed by a member, that Capt. Samuel Paine is gone to wait on the Vice-Treasurer, with intention to receive of him the moneys due for the said Saml. Paine's pay and rations ; and the Council not being informed whether Capt. Paine has credited the Slate for the sum he received of Major Jno. Wheelock, Ordered, That the President write to the Vice-Trea- surer, and direct him not to pay any money to Capt. Samuel Paine, until the further order of this Council, and that he therein direct the Vice-Treasurer (and Auditor- General, if he is returned home,) to attend this Council as soon as conveniently may be. Ordered, That the said letter be sent by John Van Duersen as a messenger. FRIDAY MORNING, December 5, 1777. The Council met pursuant to adjournment. Present — Evert Baneker, Esqr. President pro tern. Mr. Dunscomb, Mr. Harper, Mr. Livingston, Mr. Snyder, Mr. Web- ster, Mr. Clarke, Mr. Pawling, Mr. Scott, Mr. Rowan. A letter from Andrew Billings and Peter Tappen, Esqrs. assistant commissioners for conspiracies at Poughkeepsie, dated the 4th instant, informing the Council that a factious spirit manifests itself at that place, originating chiefly on account of the Kevd. Mr. Bardsley and Mr. Vandenberg, and requesting the directions of the Council relative to sending the Revd. Mr. Bardsley, and Mr. Vandenbergh to New-York, together wilh an anonymous letter, directed to ihe commissioners of conspiracies at Poughkeepsie therein enclosed, was received and filed ; and the same being taken into consideration, Resolved, That Peter Tappen and Andw. Billings, Esqrs. assistant commissioners of conspiracies, be autho- rized and directed to cause the Revd. Mr. Bardsley and Henry Vandenbergh, wilh their familie.*, (male servants and slaves excepted,) to be removed to the city of New- York, and to permit them to take wilh ihem their wearing apparel, and necessary bedding and provisions for iheir passage, and no other goods or effects whatsoever. Friday, P. M. December 5, 1777. The Council met pursuant to adjournment. Present — Evert Baneker, Esqr. Pr est. pro tern. Mr. Dunscomb, Mr. Harper, Mr. E. Clark, Mr. Snyder, Mr.'Web- sler, Mr. Rowan, Mr. Van Zandt, Mr. Livingston. Whereas the exportation of shoe leather out of this State proves extremely distressing to the inhabitants there- of, and renders the supplying of shoes to the Continental troops extremely difficult in this State, Resolved, therefore, That no shoe leather shall hence- forth be exported out of this Slate ; and that as well all and every person or persons who shall export, or cause to be exported, any shoe leather out of this State, as all and every person or persons who shall sell the same to any other per- son or persons, he, she or they so selling the same know- ing the same to be intended for exportation out of this State, shall forfeit and pay, for every such offence, treble the value of such leather, to be recovered by any person who shall sue and prosecute for the same ; one moiety thereof to his own use, and the other moiety thereof to be paid into the treasury of this State. Resolved, further, That every member of any general or district committee shall be, and hereby is, authorized and empowered to seize, and dispose of, at public vendue, any shoe leather that shall be attempted to be exported out of this State ; and shall pay the moneys to arise by such sale 1094 JOURNAL OF THE COUNCIL OF SAFETY. after deducting reasonable charges thereout, into the Trea- sury of this State, for the use of the same. SATURDAY MORNING, December 6, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tern. Resolved, That Cornelius Uuboys is hereby authorized to gather, collect and secure all the iron and nails in the ruins of the court house and jail of Ulster county, lately consumed by fire, and which may be collected without fur- ther breaking of the walls ; and that he render a true and perfect inventory thereof to the supervisors of the county of Ulster, at their next meeting, who are hereby directed and required to order a sum of money to be raised, in addi- tion to the other necessary and contingent charges of the county, sufficient to pay the said Cornelius Duboys for his trouble, labour and expenses in the premises. A letter from the committee of Ulster county, dated the 2d instant, and signed by Daniel Graham, their chairman, was read. They therein complain that the quantity of salt allotted for the inhabitants of Ulster county, has not been received ; that they have reason to believe that the agents appointed to purchase public salt for the inhabitants of this State, have appropriated the benefit of purchasing salt to their private emolument, to enhance the price ; and praying an inquiry to be made by this Council in the premises. Resolved, That Abm. P. Lott, Esqr. be requested to attend this Council on Tuesday next, to produce the ac- counts of salt by him purchased for this State, and to give such further information in the premises, to this Council, as may be necessary. A draft of a letter to Daniel Graham, Esq. informing him of the said resolution, was read, as follows, viz : " In Council of Safety, \ " Deer. 6th, 1777. $ " Sir — The Council have received your letter of the 2d inst. signed by order of the county committee ; and having by resolution appointed Tuesday next for the attendance of Abm. P. Lott, Esqr. with the accounts of the salt by him purchased by order of the State, we doubt not but such ac- counts will be then exhibited, and such measures adopted as ought to satisfy the good people of the county. You will please to attend the Council at that time, with such proofs as are in your power, to support the charge in your said letter. " I am, sir, your very humble servant. " By order." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. On reading the petition of Katharine Kittle, the wife of Andriers Kiltie, who has gone over to the enemy, in con- sequence of which his estate has been seized by the com- missioners of sequestration, by which said petition she prays leave to retain that part of her husband's estate which was derived from her ; and on reading also the affidavits of James McNeill and Jacob Van Hoezen, setting forth her steady attachment to the cause and liberties of America, Resolved and Ordered, That the commissioners of se- questration for the southern district of the county of Alba- ny do, by the examination of the said Catharine Kittle on oath, and by the examination of such other persons on oath as they shall think proper, ascertain the effects which the said Andries Kittle derived from, or acquired by, his said wife Catharine; that they inventory the same accurately, but defer the sale thereof, and permit them to remain in the care and custody of the said Catherine, until further order. Genl. Scott obtained leave of absence to go to Pough- keepsie. Saturday, P. M. December 6, 1777. Present — Evert Bancker, Prest.pro tern. Mr. Paulding, Mr. Webster, Mr. Harper, Mr. Livingston, Mr. Sny- der, Mr. Rowan, Mr. Dunscomb, Mr. Van Zandt, Mr. E. Clark. On reading the affidavit of Elijah Townsend, stating that a certain Mr. Helms was transporting and had transported large quantities of flour and meal from Fishkill into the State of Connecticut, and also on reading the letters of Col. Henry Luddington, Joseph Crane, Junr. Jonathan Paddock and Elijah Townsend, on the same subject — the same being considered, the draft of a letter in answer thereto was prepared and agreed to, in the words follow- ing, vizt : "In Committee of Safety, > " Deer. 6, 1777. $ " Gentlemen — We are favoured with your letter of the 3d instant, relative to a large quantity of flour which Wm. Helms is said to be transporting out of this State. We enclose you a copy of the oath of the said Wm. Helms, taken in this Council on the 27lh of last month, and a copy of our license to transport fifty barrels of flour only, to New-Haven, to be delivered to Jonathan Filch, commis- sary there, for the support of such troops as are mentioned in the enclosed copy of the affidavit of the said Wm. Helms. " We request you gentlemen, or either of you, by every means in your power, to make particular inquiry whether the said Wm. Helms has transported or attempted to trans- port any more than fifty barrels of flour, meal or any grain of this State, since the embargo laid by the resolutions of Council of the 11th of November, restraining the trans- portation thereof. And if you find he is guilty or has at- tempted to exceed the quantity permitted by the Council of Safety, you will, in that case, commit him to the jail of Dutchess county, there to remain until he shall be thence delivered by due course of law ; and cause all the flour by him transported or attempted to be transported out of this State, to be seized, brought back and detained within the State until further order. And in case you shall commit the said William Helms to the Dutchess county jail, the sheriff of Dutchess county and the keeper of the said jail is hereby required to receive and keep the said Wm. Helms until he shall be thence delivered by due course of law. " We are much obliged to you, gentlemen, for your care and vigilance on this occasion, and wish the most diligent inquiry may be made in the premises. " We are, with respect, gentlemen, " Your very humble servant. " By order. " To Col. Henry Luddington, Messrs. Joseph Crane, Jr. Jonathan Pad- dock and Elijah Townsend, Dutch- ess county." Ordered, That a copy thereof be engrossed, and signed by the President and transmitted. Adjourned until Monday next at 10 o'clock A. M. MONDAY, a. m. Hurley, December 8, 1777. Present — Evert Bancker, Esqr. President pro tern. Mr. Pawling, Mr. Harper, Mr. P. Livingston, Mr. Dunscomb, Mr. Webster, Mr. Clarke, Mr. Rowan. No other member attending, the Council could not pro- ceed to business for want of a quorum. The members present adjourned to meet at 10 o'clock to-morrow morning. JOURNAL OF THE COUNCIL OF SAFETY. 1095 TUESDAY, a. m. Hurley, Decmber 9, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tern. Mr. Pawling, Mr. Harper, Mr. Van Zandt, Mr. Clark, Mr. Scott, Mr. Webster, Mr. Schoonmaker, Mr. Rowan, Mr. Dunscomb, Mr. Snyder, Mr. Livingston. Upon information received that Jacobus Bessemer and another person named Tremper had been seen this morn- ing at Jack's tavern, on Stone Ridge, with a wagon load of leather, which they were conveying, contrary to a re- solution of this Council, out of this Slate, to Bethlehem, in Pennsylvania. The Council taking the same into con- sideration, ordered a warrant to be made out to apprehend and seize the said Besemer, Tremper and leather, and them, with the said leather, forthwith to bring to this Council, that they may be dealt with as the said Council shall direct. Catharine Emans having made application to this Coun- cil, relative to some effects belonging to her son Isaac Van Vleck, which she says were lately seized by the commis- sioners of sequestration, and without which she and her three grand children would be reduced to great extremities. Resolved, That it be, and it is hereby recommended to the commissioners of sequestration, in the southern district of the county of Albany, to take an inventory of the goods, chattels and effects, now or lately belonging to the said Isaac Van Vleck, (except such live stock and grain as herein after mentioned, and to permit said goods, chattels and effects so inventoried to remain in the possession of her, the said Catharine Emans, taking her bond in a sufficient penalty with condition to deliver the said goods, chattels and effects to such person or persons as shall be authorized to demand the same, by this Council, or the future Legis- lature of this State ; that the live stock, consisting of four cows, two oxen and twelve or fifteen sheep, and grain not exceeding thirty bushels, be left in the possession of the said Catharine, without inventory, for the support of the family. The said Catharine Emans having further shewn to this Council that she had in the absence of her son caus- ed to be manufactured a quantity of leather, amounting to about thirty-five pieces ; so much whereof as is due to ihe manufacturer, this Council conceive ought to be permitted to remain with her as her own property. Resolved, therefore, That the said commissioners per- mit the said Catharine Emans, to retain and dispose of so much of the said leather as belongs to the manufacturer, as she may think fit, without account to be rendered them for the same. On application of Henry B. Livingston, Esqr. fifth colo- nel, and commanding the 4th Continental regiment raised in this State, made by Pierre Regnier, the lieutenant-colo- nel of the said regiment, for clothing for that regiment. Ordered, That Mr. Jno. Henry deliver out of the cloth- ing store of this Slate, to Lieut. Col. Regnier or his order, two hundred and fifty shirts, one hundred and sixty pair of shoes, one hundred pair of sheepskin breeches, and one hundred and fifty pair of men's woollen hose for the use of the said regiment, taking a proper receipt for the same ; that Col. Henry B. Livingston, be accountable for the said clothing, and pay for the same to this State ; and that Mr. Henry deliver with the said clothing a true invoice thereof, and transmit a copy thereof to this Council. A letter from Robert Livingston, dated the 7th inst. di- rected to Robert Benson, Esqr. one of the Secretaries, in answer to the resolutions of the inst. relative to the price of his iron, was read and committed to Mr. Webster and Mr. Scott, to report thereon. " 3 o'clock P. M. December 9, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. Prest. pro tern. Mr. Scott, Mr. Webster, Mr. Livingston, Mr. Pawling, Mr. Harper, Mr. Snyder, Mr. Rowan, Mr. Schoonmaker, Mr. Dunscomb, Mr. Van Zandt, Mr. Clark. The Council spent much of the afternoon in the further consideration of the account of Major-General Wheelock, produced by Captain Samuel Pain, without coming to any definite determination relative thereto. Cornelius C. Schoonmaker represented to the Council, that he, in pursuance of a resolution of the Convention of the Representatives of this State, passed on the 8th day of May last, has since acted as commissioner for superin- tending such poor in Ulster county as have fled thither from the hand of tyranny and oppression ; that he has expended the sum of five hundred pounds advanced to him by this State for the maintenance of the said poor, in pursuance of the said resolutions ; that by reason of his necessary at- tendance on ihe Legislature as a member thereof, it is in- convenient and burdensome to him to act as commissioner for superintending the said poor ; and that Jno. Sleght, Junr. who was appointed his colleague, has not to his knowledge, in several months paid any attention to that business ; and that his place of residence is remote from the situation of most of the said poor; and Mr. Schoon^ maker requested that some proper person in the said county mav be appointed to superintend and provide for the said poor : Thereupon Resolved, That the said Cornelius C. Schoonmaker and Jno. Sleght, Junr. be and are hereby are discharged from any further superintendence of the said poor ; and that Mr. Abm. Bevier, of Shavvangunk precinct, in Ulster county, be and is hereby appointed commissioner for superintend- ing the said poor in Ulster county, with like powers, for governing and placing out the said poor as were granted to the said commissioners C. Schoonmaker and Jno. Sleght, Junr. by the said resolutions of the 8th of May last ; and that the said Abraham Bevier, be and is hereby authorized to draw on the Treasurer of this State for a sum not ex- ceeding the sum of five hundred pounds, to be accounted for by him the said Abm. Bevier, to this State. And whereas the said Cornelius C. Schoonmaker, has represented further to this Council, that he has by experi- ence found that the sum of ten shillings per day allowed by the said resolutions of Convention for the trouble and ex- pense of superintending the said poor, while actually employed therein, has been insufficient to defray the ne- cessary expenses of a commissioner in that business. Therefore Ordered, That the Auditor-General, in settling the ac- count of the sum of £500, advanced to the said Cornelius C. Schoonmaker, by the State, for the maintenance of the said poor, credit him with sixteen shillings per day for every day he shall have been actually employed in the said ser- vice ; and that the like allowance be made to the said Jno. Sleght, Junr. for his services. Danl. Graham, Esqr. chairman of the county committee of Ulster county, attending, in pursuance of an order of this Council, by letter of the 7th inst. was admitted. He informed the Council that he had not any proofs to offer in support of the charge of the county committee against Abm. P. Lott, Esqr. relative to the importation of salt; that the county committee had their information on that subject from Thomas Palmer, and informed the Council of the substance of that information. Resolutions of the county committee of Ulster, dated the 2d instant, appointing David Bevier of Marbletown, Daniel Graham of New Paltz, Thomas Palmer of New- burgh, and James Hunter of Shawangunk, dommissioners for granting licenses for the transporting flour, &c. out of this State, conformably to a resolution of this Council of the 11th November last, were received and read. A letter from the said committee of Ulster county, dated the 2nd instant, relative to the appointment of committees, was read. Another letter from the same county committee relative to a provision for the poor families of persons taken prisoners or slain in the defence of Fort Montgome- ry, was also read. 1096 JOURNAL OF THE COUNCIL OF SAFETY. Ordered, That the consideration of the two last letters be deferred until to-morrow. Adjourned until to-morrow morning. WEDNESDAY MORNING. December 10, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. Prest. pro tern. Mr. Pawling, .Mr. Harper, Mr. Schoonmaker, Mr. Scolt, Mr. Web- ster. Mr. Snyder, Mr. Livingston, Mr. Rowan, Mr. Dunscomb, Mr. Van Zandt, Mr. Clark. A letter from the committee of Ulster county, dated the 2nd instant, relative to the appointment of members of committees by the late Convention on the 7th of October last, was again read and follows, vizi : " In General Committee, } for the county of Ulster, > " 2nd December, 1777. ) Whereas the Honourable the Senate and Assembly for the Slate of New-York have thought proper to continue the several committees in this State, the general committee for the county of Ulster beg leave to inform the Honourable Council thai it is not a little disagreeable to many of the inhabitants of t his county: they being of opinion that no committee ought to be appointed but by the free electors of the people ; insomuch that it is wilh difficulty that, we can convene members enough to make a house to do busi- ness. It is also very disagreeable for many of the present members to serve in committees when at the same time the people tell them they have no right to act in that sta- tion on the fooling they now stand. One member from Kingston attended, but refused to sit as a member of com- mittee, saying that he would not intrude or encroach upon the liberties of the people by assuming an authority with which they had not vested him. Therefore ihis committee humbly begs lhat your Honours will appoint new elections for choice of committees in this county, as well general as district commiitees, (lhat is if you should be of opinion that commiitees should slill exist,) and lhat your Honour- able Board will please to signify your intentions thereof to the chairman of this committee before the last Tuesday of this instant, lhat being the day to which this committee is adjourned ; as it will then be convenient for communicating your intentions thereon to the members of the different commiitees in this county. " From, gentlemen, yours sincerely, " DANL. GRAHAM, Chairman. "By order of the Commiltee for Ulster county." • Resolved, That the inhabitants of the respective coun- ties and districts in this Stale who have not elected com- mittees since the 7th day of October last, be and are here- by authorized and empowered to meet together and elect county and district committees in the manner they have heretofore usually elected them ; and at ihc day or days of election in each respective county, be fixed and made pub- lic to the inhabitants thereof by the county commiltee in each county respectively, as soon as conveniently may be. Ordered, That a copy of this resolution be transmitted by the Secretary to the chairman of the county committee of each county in this Stale by the first conveyance. A letter from the county commiltee of Ulster, dated the 4th instant, relative to the provision for ihe poor families of persons taken prisoners or slain in the defence of Fort Montgomery, was again read and follows, vizt : " Gentlemen — Application hath been made to this committee, that a number of the families of persons either killed or taken prisoners at Fort Montgomery, in the High- lands, are in a suffering condition in consequence thereof, and that some provision ought immediately to be made for them. This committee think it just lhat such families should be taken care of, but as they are reduced to this necessity on the account of their husbands being taken pri- soners or killed in the defence of this State, or of the Uniied Stales in general, that therefore it ought to be a Stale or a Continental charge, and make not the least doubt but lhat your honours will order some means where- by ihey may be supported ; and as it is a mailer of the first importance to those sufferers, we beg you will give directions to the chairman of this committee, as soon as conveniently may be, in what manner they are to be pro- vided for. Common humanity, in the meantime, has in- duced us to give directions to the district committees, where such persons reside to provide for them. " From, gentlemen, "Yours, with ihe greatest esteem, " By order of the commiltee for the county of Ulster. DANL. GRAHAM, Chairman. " New-Paltz, Deer. 4th, 1777." And after mature consideration thereof, Resolved, That this Council conceive themselves unau- thorized to make any provision for the objects of charity mentioned in the said letter, and therefore are reduced to the necessity of ieferring them for relief to the Legisla- ture of this State. Hurley, P. M. December 1 0, 1777. The Council met pursuant to adjournment. Present — Evert Bancher, Esqr. Prest. pro tern. Mr. Pawling, Mr Webster, Mr. Dunscomb, Mr. E. Clark, Mr. Scott, Mr. Harper, Mr. Snyder, Mr. Rowan, Mr. Van Zandt, Mr. Schoonma- ker, Mr. Livingston, Mr. Lolt. Abm. P. Lolt, Esq. attended in pursuance of the order of this Council of the 6lh instant, and the Council, after considering the letter of ihe commiltee of Ulster county, of the 2d instant, complaining that the quantity of salt allotted for the county had not been received, and praying an in- quiry into the conduct of the agents appointed to purchase salt for the Stale, then proceeded to examine Mr. Lolt, who produced memorandums of all the sail by him purchased. Whereupon, after some time spent therein, the further con- sideration thereof was postponed until to-morrow. John Tremper, charged wilh having transported leather out of this Slate to Bethlehem, in Pennsylvania, was called in, and being examined on oath slated, lhat he is a tanner and currier, residing at Rynbeck, and brother lo Jacob Trempor of Kingston, who, a short time before lhat place was burnt, sold the lealher in question to John Mesle of Albany, at 3s. 6d. pr. pound, from whom he purchased 600 wt. at 6s. pr. lb. That in Oclr. last a commissary at Bethlehem, whose name he does not recollect, requested him to bring him a load of lealher at one dollar pr. lb. or the current price, if higher. That he had 902A lbs. of lea- ther, when informed by his brother Jacob the Council had sent for and would stop him, 600 lbs. of which is his, and the residue he supposes belongs lo Mesle, for which he calculated to receive hides in payment. Jacob Tremper of Kingston was also examined on oath, and mentioned the sale to Mesle as above stated, but de- clared that the 300 wt. supposed by John Tremper to be- long to Mesle was his, the deponent's properly, for which he wished to procure hides in exchange, but was entirely ignorant of an embargo being laid on the transportation of leather out of this State. Whereupon the said Jacob Tremper and John Tremper were told to depart for the present. The Council then adjourned until to-morrow morning. THURSDAY MORNING, 10 ho. December 11, 1777. Council met pursuant to adjournment. Present — Evert Bancher, Esq. Prest pro tern. Mr. Webster, Mr. Snyder, Mr. Livingston, Mr. Dunscomb, Mr. JOURNAL OF THE COUNCIL OF SAFETY. 1097 Harper, Mr. Clark, Mr. Van Zandt, Mr. Pawling, Mr. Rowan, Mr. Scolt, Mr. Lott. Ordered, peremtorily, That Mr. Jno. Henry, the com- missary of the clothing store in this State, do without de- lay attend this Council and produce to them full and par- ticular accounts as well of all the clothing he has received and issued as of such clothing as still remains in store, pursuant to the order of this Council of the 7th day of November last. And as the said Jno. Henry has neglected to comply with the said order of the 7th day of November last, Ordered, That a messenger be sent with a copy of this resolution to the said Jno. Henry, and to be paid at his ex- pense. A letter from Andrew Billings and Peter Tappen, Esqrs. assistant commissioners of conspiracies, dated the 9th inst. informing the Council of certain outrages being committed at Poughkeepsie by certain factious individuals, consisting chiefly of the carpenters from New-York, two of whom, to wit, Alexander L. Miller and John McDonald, had sur- rendered themselves ; and also requesting the advice of the Council relative to the effects of the Revd. Mr. Bardsley and Mr. Vandenbergh, was received and read. A draft of an answer thereto was read and approved of, in the words following, vizt : " In Council of Safety, ? "Hurley, Uth Deer. 1777. J " Gentlemen — The Council of Safely are surprised you should be at a loss to determine the two questions you have raised on Messrs. Birdsley and Vandenbergh's case. With respect to the question, whether they are at liberty to sell effects to pay just debts due to the inhabitants, it is evident thev can have no such indulgence ; for besides the danger of covering their property by sale and payment of feigned debts, all the property they are to leave behind, must be subject to disposition by the authority of the State. In that case, honest creditors can be no losers ; because there is justice enough in Government to discharge the de- mands of such creditors, as far as the property left behind will extend. Besides, to permit them to sell their effects and pay debts at their discretion, would be the most direct means to enable them to defraud their honest creditors. With respect to such effects as are claimed to be the pro- perty of Mr. Birdsley's children, the Council are of opinion that they can not be considered as exempted from seizure, because the father, who is an enemy to the State, can not be the proper guardian of their effects, especially as he is no longer a subject of this Slate, and is on the point of being sent out of it. If the children should hereafter be- come subjects of this State, and can make out their title to the moneys arising from the sale of the goods claimed in their behalf, those moneys will be found in the treasury to answer their demand in a course of equity. In short, as you are to send off the two families, except male servants and slaves, and to permit them only to take off their wear- ing apparel and necessary bedding and provisions for their passage, and no other goods or effects whatsoever, the ex- press terms of the resolution of the 5th inst. might, we conceive, with a little attention, have removed all doubt. "With respect to the dangerous seeds of faction, which you suppose are springing up at Poughkeepsie, the Coun- cil hopes that the removal of the two disaffected persons above mentioned will be an effectual means of preventing their growth, especially, as in addition to this reason, it appears that the two ringleaders have delivered themselves up, with marks of great penitence. However, we think this matter properly lies with the committee, who may bail or commit them at their discretion. " We are, gentn. " Your humble servts. " To Andw. Billings and Peter Tappen, Esqrs. Foughkeepsie." Ordered, That a copy thereof be engrossed, and signed 275 by the President, and transmitted by the messenger who brought the letter from Messrs. Tappen and Billings. P. M. December 11, 1777. Present — Evert Bancker, Esqr. President pro tempore. Mr. Scott, Mr. Van Zandt, Mr. Livingston, Mr. Dunscomb, Mr, Webster, Mr. Lott, Mr. Snyder, Mr. Harper, Mr. Clark, Mr. Pawling. An account of Samuel Van Steinbergh, of Kingston, amounting to nine pounds, for riding to Bethlehem to con- vey a packet of letters from Major-Genl. Gates to the Honourable the President of the Continental Congress, with a request to be forwarded by express, and returning, nine days at 20s. each, was exhibited for payment. Ordered, That the Treasurer of this Slate pay to the said Samuel Van Sleinbergh. or for his use, the said sum of nine pounds, and charge the same to Continental ac- count. Jacob Besemer, attending, was examined on oath, as a witness relative to the leather attempted to be exported by Jno. Tremper, who stated that he was employed by said Tremper to carry said leather as far as Broadhead's, and. return from thence with a load of boards : that at Marble Town, Tremper was informed by Judge Wynkoop, of Marble Town, of the prohibiiory resolve of the Council, to which he replied, it was not yet published in the news- papers, and that if stopped to-day he would find means to get off with it to-morrow ; and then proceeded with it, and on his way told the examinant he was determined to pro- ceed until stopped. A petition of Jacob Tremper, showing that he is pro- prietor of 3001b. of the leather which Jno. Tremper in- tended to transport to Bethlehem ; that he did not know, and never heard of any prohibition to the transportation thereof ; also, setting forth his late distresses by the burn- ing of Kingston, whereby his loss could not be computed at less than £l,800, and submitting his case to the wisdom and mercy of the Council, was read. Ordered, That the consideration thereof, together with the examinations of John Tremper, Jacobus Besemer and the said Jacob Tremper, be postponed until to-morrow. Abraham P. Lott, Esqr. attending again in putsuance of the order of this Council of the sixth instant, the Council proceeded to the further consideration of the letter of the committee of Ulster county, (dated the 2d inst.) and the case of Colo. Lott, one of the commissioners appointed to purchase salt for this State. The resolutions of the Council of Safety, on tho*15lh of May last, appointing Colo. Lott to that agency, and the resolution of the said Council on the first day of August last, directing Mr. Piatt and Colo. De Witt to direct Colo. Lott to cease purchasing any more salt on account of this State, whenever the quantity purchased by him and Colo. Peter R. Livingston together shall amount to five thou- sand bushels, together with Messrs. Plait and D. Win's letter of directions to Colo. Lolt on that subject, were res- pectfully read. And the resolutions of the Council of Safety on the 8th of September last, directing the salt pur- chased by Colo. Lott and Colo. Livingston to be deposited in the following places, to wit : 1700 bushels thereof at the landing of Robert Livingston, Esqr., 1700 bushels at the landing of William Radliff, and 1600 bushels at the store of James Reade in Dutchess county, were also read. Upon examination of Abraham P. Lott, Esqr. it appears that he procured on account of this State, three thousand six hundred and ninety bushels and three-fourths of a bushel of salt ; that before the enemy's shipping came up Hudson's river, ninety casks or upwards of the said salt was delivered at RadlifFs store at Hudson's river; that upwards of forty casks of the salt brought to Radliff's store, was brought to Kingston to be distributed ; and the residue thereof being carted back into the country to prevent its falling into the hands of the enemy, he has not since been able fully to collect the same; that part of the said salt by him pur- 1098 JOURNAL OF THE COUNCIL OF SAFETY. chased, was some time since carted from Canaan, to be deli- vered at the store of James Reade in Dutchess county ; that about 85 casks were at Canaan, and upwards of 70 casks at Siinsbury, and a few casks near the Greenwoods, all winch he had directed to be brought forward ; that there also is, or lately was, some salt yet at Springfield ; and that he has directed the whole to be brought forward as fast as teams can be procured to cart it ; has exerted himself to the utmost for that purpose, and expects the salt which was at Canaan has been brought to Read's store in Dutchess county ; that 64 1 ^ bushels of salt procured by Colo. Lott, were delivered to Edward Covenhoven, Thos. Brinckle, Colonel Isaac Nicoll and others, subjects of this State, after Mr. Lott received directions from the State restrain- ing the purchases of Colo. Peter R. Livingston and him- self to five thousand bushels of salt — their separate pur- chases at that time exceeding 5000 bushels ; that the said Edward Covenhoven and others, subjects of this State, paid for the said 64 1 ^ bushels of salt with their own cash, and transported the same into this State. From Colo. Lott's information, it farther appears that some teams com- ing from the eastward into this State with salt for sale, failed in or near the Greenwoods ; that he advised some subjects of this State then there, to purchase the said salt of the persons who were bringing it for sale ; that the persons he so advised to purchase the said salt did buy the same, but the purchasers not having cash sufficient to pay for the whole of it, he took, on his own account, and paid for so much thereof as they had not cash to pay for, at the rate of six pounds per bushel ; that he, the said Abraham P. Lott took, on his own account, at Boston, after he was restrained from purchasing for the State, fifty-seven bushels and an half of salt, for which he paid with his own cash ; that part of that salt has been forwarded and brought into this State by the care and agency of Colo. Nicoll and Thomas Brinckle, and without any care, trouble or agency of Colo. Lott ; that the difficulty of obtaining teams to cart the salt purchased by order of the State, reduced him to the neces- sity of engaging to pay for some part of the cartage in flour ; that the flour he had purchased and intended to deliver for the said cartage, being seized by a commissary, (with per- mission of both houses of the Legislature of this State,) among other flour for the use of the army, as well as the extravagant prices which have been demanded of him for flour he wanted for bread for his family, renders it neces- sary for him to dispose of some part of the little salt he has as his own property, for produce only ; but that he has nevertheless sold part of it to families lately distressed by the conflagration of Kingston for cash only ; that he also deposited a few bushels of his own salt in the hands of Doctor Luke Kiersted, for the use of some persons who had applied to him to procure salt for them, and directed Doctor Kiersted to dispose of the same at the rate of £8 16s. per bushel, and to take wheat in payment at the rate of 12s. per bushel, when at the same time he was offered in Dutchess county ten pounds per bushel for the said salt, and payment for the same in flour at the rate of 36s. per hundred. Colo. Lott having declared his readiness to attest to the preceding facts, (except the number of casks left at each particular place, which he cannot at present exactly ascer- tain. Resolved, That the committee of Ulster county have at the least exhibited a charge against Colo. Lott which is entirely unsupported, and therefore it is unnecessary for Colo. Lott to attest to the preceding facts. Ordered, That a copy of the preceding facts and exam- inations be sent by the Secretary of this Council to the chairman of the committee of Ulster county. FRIDAY MORNING, December 12, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esq. President pro tern. Mr. Pawling, Mr. Harper, Mr. Web ster, Mr. Snyder, Mr. Duns- comb, Mr. Van Zandt — Quorum. Mr. E. Clarke, Mr. Rowan, Mr. Phil. Livingston. An account of Coenradt W. Elmendorph, for four days' labour in drying and preserving fifty-four Continental tents brought to Hurley, by order of this Council of Safety of the State of New-York, by Colo. Graham's regiment, and there left wet, and for packing up the said tents with their tent- poles, and forty-one camp kettles left with them, amount- ing to £\ 12s. was exhibited for payment. And some of the members of this Council having certified that they examined the said tents and found them well dried and preserved, Ordered, That the Treasurer of this State pay to the said Coenradt W. Elmendorph the said sum of one pound twelve shillings, take his receipt for the same, and charge it to Continental account. An account of Cornelius Duboys, amounting to twenty shillings, for collecting the parts of a stove belonging to or used by the late Convention of this State, from the ruins of the court house and goal at Kingston, and transporting the same to Hurley, was exhibited for payment. Ordered, That the Treasurer of this State pay to the said Cornelius Duboys, or his order, the said sum of twenty shillings, and take his receipt for the same. An account of Nathan Smedes against the United States, amounting to eight pounds, for two pair of iron bound wheels, delivered to Adam Swart for two field pieces for the use of the militia and troops at or near Kingston, under the command of Brigadier-Genl. George Clinton, on the approach of the enemy, (which two pair of wheels were destroyed in the conflagration of Kingston,) was exhibited for payment. Ordered, That the Treasurer of this State pay to the said Nathan Smedes the said sum of eight pounds, take his receipt therefor, and charge the same to Continental account. Friday P. M. December 12, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro temp. Mr. Pawling, Mr. Harper, Mr. Webster, Mr. Snyder, Dunscomb, Mr. Van Zandt — Quorum. Mr. E. Clark, Mr. Rowan, Mr. Phil. Livingston. An account of Abraham DeLameter of seven pounds four shillings, for riding six days to the counties of Dutch- ess and Orange to deliver the resolutions of the Council of Safety, laying an embargo on the Iransportation of flour out of this State, to the chairman of several committees, was exhibited for payment. Ordered, That the Treasurer of this State pay to the said Abraham Delameter, seven pounds four shillings, in full for that account, and take his receipt for the same. An account of John Van Duesen for riding three days, vizt : the 24th, 25th and 26th of November, to deliver a letter from Major-General Gates to His Excellency Brigr. Genl. George Clinton, which letter from Genl. Gates was sent to this Council by Capt. De Wilt, with a request to forward it by express, was exhibited for payment. Ordered., That the Treasurer of this State pay to the said John Van Duesen, three pounds twelve shillings, in full for the said account, take his receipt for the same and charge it to the Continental account. "Coenradt C. Elmendorph, of Kingston in Ulster county, JOURNAL OF THE COUNCIL OF SAFETY. 1099 being duly sworn on the Holy Evangelists, deposeth and saith, that late in the afternoon of the tenth instant, he met Jacobus Besemer returning to Kingston with two horses, and fell into conversation with him concerning leather which was sent off on a wagon by Jacob Trimper and John Trim- per, and brought back by order of the Council of Safety of this State ; that in that conversation he asked the said Besemer if his master, Jacob Trimper, did not know of the resolution of Council, prohibiting the transportation of leather out of this State ? and the said Jacobus Besemer replied 'yes;' and that the deponent said he believed John Trimper knew it also ; to which Besemer replied, ' I be- lieve so too ;' that the said Jacobus Besemer further in- formed the deponent that he was ordered in the evening preceding his going away, by his master, Jacob Trimper, to arise some time in the night and go away with a wagon load of leather as far as Capt. Broadhead's, and bring back boards ; that the deponent observed that their going away in the night did not look well, and the said Besemer said it did not. " COENRADT C. ELMENDORPH. " Sworn the 12th of Deer. 1777, ) before me. ) " Evert Bancker." Adjourned till to-morrow morning. SATURDAY, 10 ho. a. m. December 13, 1777. The Council met pursuant to odjournment. Present — Evert Bancker, Esqr. President pro temp. Mr. Scott, Mr. Webster, Mr. Pawling, Mr. Snyder, Mr. Harper. Mr. Van Zandt, Mr. Dunscomb — Quorum. Mr. Ph. Livingston, Mr. £. Clarke, Mr. Rowan. Ordered, That Mr. McKesson, one of the Secretaries, pay to Johannes Ostrander, live shillings for a load of wood by him furnished at the house of Seth Curtis by order of this Council, and which was intended for their use, and that he charge the same to this State, for which this entry or a copy thereof, shall be a warrant for payment. On motion of Mr. Van Zandt, which was seconded, Resolved and Ordered, That the Treasurer of this State be, and he is hereby directed to pay unto each of the mem- bers of this Council, twenty shillings per day for every day's attendance on the business of the State committed to them, to be certified from the minutes by writing, under the hand of either or both of the Secretaries, and that the Secretaries include Sundays in the certificates of such members whose families reside at a distance from the place of meeting of the Council, and who continued at their usual lodgings near the sitting of the Council. An account of John McLean, for riding four days to Poughkeepsie, from thence to New- Windsor and Little Britain, and returning, to wit, on the 30th of November, and first, second and third days of December, to convey a letter from Major-General Gates, and two other letters to Brigadier-General George Clinton, which letters were conveyed to this Council of Safety by the committee of Albany, with a request from General Gates to be forwarded by express, was exhibited for payment. Ordered, That the Treasurer of this State pay to the said John McClean, four pounds sixteen shillings, in full for the said account, take his receipt for the same and charge it to Continental account. An account of John McClean, for riding to Nepenagh on the 9th instant, to take John Trimper and Jacobus Be- semer, was exhibited for payment, and settled at thirty-six shillings. Ordered, That the Treasurer of this State pay to the said John McClean thirty-six shillings, in full for that ac- count, and take a receipt for the same. An account of John Van Deusen, for riding to Roches- ter on the 4th instant, with a letter to Gerard Bancker Esqr. Vice-Treasurer, and forgoing to Nepenagh on the 9th instant to bring back John Trimper and Jacobus Besemer, with a wagon load of leather, together with his disbursements, amounting in the whole, to the sum of five pounds, was exhibited for payment, approved of and settled. Ordered, That the Treasurer of this State pay to the said John Van Deusen, the sum of five pounds, in full for the said account, and take his receipt for the same. Saturday, P. M. December 13, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esq. President pro temp. Mr. Scott, Mr. Webster, Mr. Pawling, Mr. Snyder, Mr. Harper, Mr. Van Zandt, Mr. Dunscomb — Quorum. Mr. Ph. Livingston, Mr. £. Clarke, Mr. Rowan. Ordered, That the Treasurer of this State pay to Cap- tain Jan Van Deusen, five dollars, for conveying with his wagon the records and papers of the Conventions and Coun- cils of Safety of this State, from Nepenagh to Hurley, by order of this Council, and take his receipt in full for that service. Mr. John Henry, the commissary of the clothing store, attended and delivered in the accounts of the said store, and the present contents of the said store, which were filed. A letter from Abraham P. Lott, Esquire, dated at Nine Partners, on the 9th instant, mentioning the difficulty of collecting the salt by him purchased for the State, and hav- ing it transported to the landings, and stating also his efforts to effect that object, was received and read. MONDAY, 10 ho. a. m. December 15, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. President pro tempore. Mr. Pawling, Mr. Webster, Mr. Snyder, Mr. Harper, Mr. Duns- comb, Mr. Van Zandt, Mr. Scolt — Quorum. Mr. Phil. Livingston, Mr. Clarke, Mr. Rowan. An order of Colo. Lewis Duboys, directed to Mr. John Henry, commissary of clothing, dated the sixth of Decem- ber instant, requesting 300 pair of shoes and 300 pair of hose for his regiment, to be delivered to Lieut. Michael Conely, for which Colo. Duboys engages to see the cash paid on the first regimental payment, was read. The quantity requested by Colo. Duboys appearing not to be in the State store, Ordered, That Mr. John Henry, commissary of the store, deliver to Lieut. Michael Connely, with a proper in- voice of the same, one hundred and thirtv-two pair of shoes, and one hundred and thirty-two pair of hose, for the use of Colo. Duboys's regiment, and that Colonel Lewis Duboys be accountable to pay this State for the same. An account of Lieut. Michael Connely, of Colo. Du- boys's regiment, for fifteen muskets, at four pounds fifteen shillings each, amounting to £71 5s. purchased by order of Christopher Tappen, Esqr. one of the committee of the Convention of this State appointed to purchase arms for the Continental troops raised in this State and delivered into the armoury at Kingston, as appears by vouchers now produced, was exhibited for payment. Ordered, That the Treasurer of this State pay to the said Lieut. Michael Connely the sum of seventy-one pounds five shillings, in full for the said account, take a receipt for the same, and charge it to the Continental account. " Dirck Wynkoop, Junr. Esqr. of Ulster county, being duly sworn on the Holy Evangelist, deposeth and saith, That on the morning of Tuesday the 9th instant, at Mar- ble Town, he saw a wagon loaded with leather, under the care and direction of John Trimper and Jacobus Besemer, who was with him ; that the deponent told the said John Trimper that he was about to take the said leather out of 1100 JOURNAL OF THE COUNCIL OF SAFETY. the State, and informed the said John Trimper that there was a law or a resolution of the Council of Safety against exporting any leather out of this State ; that the said John Trimper at first said there was not any such resolution ; that the deponent informed the said John Trimper that there was such a resolution, for that he was so informed by a member of the Council ; that the said John Trimper then said, if there was such a resolution it was not publish- ed ; that the deponent asked him what he meant by pub- lishing ; he replied, in the newspapers ; that the deponent informed said John Trimper that if he should proceed with the said leather, he would undoubtedly be slopped, for that he, the deponent, would send information to the Council thereof ; that the said John Trimper replied, that the depo- nent would get nothing by that, for that if the said leather was now detained, he would find means to get it away at some other day. " D. WYNKOOP, Junr. " Sworn the 15th Deer. ) 1777, before me. J " Evert Bancker." Robert Harper, Esq. one of the members of this Coun- cil, produced a bill of credit of this State of ten dollars, signed only by Wm. Denning, numbered 1172, with black ink, by Evert Bancker, Esq. Ordered, That G. Bancker, Esqr. the Vice-Treasurer of this State, receive the said bill and return the value thereof to Mr. Harper. Monday, P. M. December 15(h, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. Prest. pro tern. Mr. Pawling, Mr. Webster, Mr. Livingston, Mr. Snyder, Mr. Harper, Mr. Clark, Mr. Dunscomb, Mr. Van Zandt, Mr. Rowan, Mr. Lott. The petition of John Tremper was read, and the same, together with the petition of Jacob Tremper and the several examinations taken by this Council relative to the attempt made by the said John Tremper to export a quantity of shoe leather out of this State contrary to a resolution of this Council of the 5th day of December instant, against the exportation of shoe leather out of the Slate, being taken into consideration, Resolved, That the said shoe leather, in the opinion of this Council, is forfeited by the said resolution ; that the same ought to be seized and disposed of according to the directions thereof ; and to that end, that a certified copy of this resolution be served on one of the committee of this town. Philip Livingston, Esqr. dissents. On reading a letter from Ezekiel Williams, Esq. sheriff of the county of Hartford, in Connecticut, dated at YVea- therfield, on the 10th inst. stating the inducements and under what conditions he had permitted William Pember- ton, Samuel Verry and William Moffat, lately sent prison- ers from this Stale to Connecticut as disaffected persons, to return to this State, setting forth also the wretched and distressed situation of many others delivered to his custody by Mr. Cantine, most of whom were destitute of clothing and blankets ; mentioning also the want of flour and the hardships of so long an imprisonment unheard, alleging that humanity required rather that the guilty should imme- diately be tried than exposed to a lingering death to which they must very soon be exposed, if surplies of food and clothing were not furnished, and soliciting from humanity the eat ly attention of the Council to their situation. And also on reading a letter from Jeremiah Halsey, Esqr. rela- tive to the said Pemberion, and a letter from Prosper Wet- more, relative to the said William Moffat ; and on reading also a letter from the said Ezekiel Williams to Peter Can- tine, Esqr. ; and another letter from the said Jeremiah Halsey, enclosed therein, relative to Lieutenant Simon Frazer, lately sent a prisoner as aforesaid. Resolved and Ordered, That the said several persons be remanded to the care of the respective general or coun- ty committees of the counties where they did formerly re- spectively reside, together with copies of the above men- tioned letters ; that it be recommended to the said respec- tive committees, if they shall be of opinion that the said persons or either of them may be permitted with safely to to this Slate to remain in the same, that such person or per- sons be so permitted to remain upon any such terms and under any such restrictions as may be thought proper, and be on them severally imposed by the said general or coun- ty committees respectively. " The committee to whom was referred the letter from Robert Livingston, Esq. dated at the manor of Livingston, the 7th of December, 1777, and directed to Mr. Benson, one of the Secretaiies of this Council, report, that they have given the same a deliberate consideration, and con- ceive, if when viewed as an answer to the inquiries made of him by certain resolutions of this Council therein re- ferred to, to be very unsatisfactory. " 1st. Because it seems to arraign the regularity if not the justice of the conduct of this council, in proceeding with complaint of the chairman of the committee of Ryn- beck precinct in Dutchess county, without evidence on oath, when in fact and truth the said resolutions were framed and sent to Mr. Livingston for information only, and cannot be considered as a judicial act against him ; and your committee are of opinion that this Council has acted with greater delicacy towards Mr. Livingston in ex- hibiting said complaint to him for his admission or denial, and in staling for his solution the questions contained in the said resolutions before the examination of any witnesses, than would have been shown to him in calling for ex parte proofs against him on oath. " 2d. Because though the said letter contains a fair and flat denial that Mr. Livingston ever sold any bar iron for £17 or £20 per hundred, as is alleged in the said com- plaint, and although also it asserts that no one blacksmith in the manor of Livingston or Dutchess county has bought any iron of him that has cost more than eight shillings for the quantity necessary to shoe one horse, yet it contains no answer to the said resolutions respecting the price at which he does sell his bar iron, as by the said resolution was required. " 3d. Because though the said letter contains the enu- meration of his difficulties with respect to his workmen, yet it affords no solution to the questions respecting the difference between the present time and the year 1775, of manufacturing a ton of refined bar iron from the ore at his iron works, as by the said resolutions, was also required." Which said report being considered, it was thereupon 1st. Resolved, That the letter from Robt. Livingston, Esq. dated at the manor of Livingston, the 7th of Deer. 1777, and diiected to Robert Benson, Esqr. one of the Secretaries of this Council, contains no answer to the questions put to him in the resolutions of this Council of the 28lh of November last, relating to the price at which he sells his bar iron, and the difference of expense be- tween the present time and the year 1775, of manufactur- ing a ton of refined bar iron from the ore at his iron works. 2d. Resolved, That the said Robert Livingston, Esqr. be, and he is, hereby required to make direct answers in writing to the questions, and to transmit the said answers to this Council or the Legislature of this State without delay. 3d. Resolved, That for this purpose, he be forthwith furnished with copies of the request of the committee to whom was referred his said letter of the 7lh of Deer. 1777, and of the resolutions of this Council founded thereon. 4lh. Whereas Robert Livingston, Esqr. by his letter dated at the manor of Livingston, the 7th of Deer. 1777, directed to Robert Benson, Esqr. one of the Secretaries of this Council, in answer to the complaint of the committee of Rynbeck precinct in Dutchess county, charging him JOURNAL OF THE COUNCIL OF SAFETY. 1101 with selling bar iron at £17 or £20 per hundred, and flatly denies that he has ever sold any bar iron to any one being, for £17, much less for £20. Resolved, therefore, That the chairman of the said committee be informed thereof, and that this Council is ready to receive proof in support of his complaint, and thai a copy of this resolution be sent to him. TUESDAY, 10 ho. December 16, 1777. Council met pursuant to adjournment. Present — Evert Bancker, Prest. pro ten. Mr. Pawling, Mr. Snyder, Mr. Livingston, Mr. Webster, Mr. Harper, Mr. Clark, Mr. Dunscomb, Mr. Van Zandt, Mr. Scott. Ordered, That Mr. McKesson, one of the Secretaries of this Slate, pay to Mr. Abraham Gasbeek such sum as he may find due him for room hire, or any otherwise, by the Senate of the State of New-York, while they occupied part of his house at Kingston. Adjourned. Tuesday, P. M. December 16, 1777. Council met. Present— Evert Bancker, Prest. pro tern. Mr. Pawling, Mr. Snyder, Mr. Livingston, Mr. Scott, Mr. Webster, Mr. Harper, Mr. Clark, Mr. Dunscomb, Mr. Van Zandt, Mr. Rowan. Whereas this Council has, from repeated information, good reason to believe lhat the inhabitants and subjects of this Stale make a practice of passing and repassing between the city of New-York and other parts of the Stale, under cover of flags of truce, granted by Continental military offi- cers, commanding at the military posts in this State ; by which practice, and the continual communication with the enemy in consequence thereof, the safety of the United States in general, and of this State in particular, is greatly endangered : And whereas it solely and exclusively be- longs to the supreme authority of this State to judge of the necessity or expediency of permitting any of its subjects, not belonging to the Continental army, on any occasion whatsoever, to hold personal correspondence or communi- cation with the enemy, Resolved, therefore, That it be, and it is hereby recom- mended to His Excellency the Governor, by every means in his power, to prevent any such of the inhabitants and subjects of this Stale as aforesaid, from procuring any flags of truce, for any purpose whatsoever, unless the same be granted by him, or some other person, with his special permission to be had in every case, for the purpose. And whereas divers persons, as well military officers as others, upon very trifling occasions have obtained flags of truce, and under cover thereof have carried to and brought from the city of New- York divers supplies, by which not only an unnecessary, but also a friendly, and therefore the most dangerous, intercourse is maintained with the enemy, Resolved, therefore, That it be, and it hereby is, further recommended to His Excellency the Governor, by every means in his power, to prevent any such flags of truce, as aforesaid, from being granted, except upon the most urgent occasions and also to prevent any goods or effects what- soever, under the cover of any flag of truce, to be carried to or brought from the city of New-York, except the neces- sary wearing apparel, bedding and provisions for the jour- ney or voyage of every person who is to pass or repass un- der the protection of such flag of truce ; and for the more effectual prevention of frauds in such case, His Excellency is requested to take the most effectual means in his power to prevent any person from having the benefit of a flag of truce, unless his or her name be inserted in the commis- sion or letters of credence to be granted for that purpose, and that previous to the granting thereof, the particular ar- 276 tides of the several necessaries to be allowed for the voy- age or journey, be ascertained by the officer granting the flng of truce, and proof made on oath before him, by some person or persons who shall receive the benefit of such flag of truce, that no goods or effects other than such for which such officer shall grant permission, shall be carried to or brought from the city of New-York, under cover of such flag of truce. A draft of a letter to His Excellency the Governor, was read and appproved of, and is in the words following, viz : "In Council of Safety, Hurley, Beer 16, 1777. " Sir — Your Excellency will we flatter ourselves, see the obvious necessity which produced the enclosed resolu- tions. The unprecedented grants of flags of truce by some of the Continental officers, have long given this Council great uneasiness. Nor indeed can we avoid tak- ing umbrage at the liberty assumed in the military line, of furnishing the means of communication with the enemy, to the inhabitants and subjects of this Stale, who do not be- long to the Continental army, and on occasions altogether unmilitary ; a prerogative which we conceive to belong sole- ly and exclusively to the supreme authority of this State. " We are of opinion that besides your own vigilance, it may be necessary to transmit copies of the resolutions to the commanding officers at the different posts, and to press their compliance wilh them. We beg leave, sir, to offer to your consideration, whether it may not be proper to dis- countenance as much as possible, applications for flags of truce, by making it in some cases an express condition, that the persons obtaining the flag do not return from the enemy. We have heard of several persons who have been permitted to go to New-York, with design to return, and whom we think ought not to have been thus indulged. For though there are many inhabitants of this State whom we should not be sorry to part with on the above mentioned condition, yet we conceive they ought by no means to be permitted on any pretence whatsoever, to pass and repass between us and the enemy, under the sanction of a flag of truce. " The information which we received, as well in vour Excellency's last letter, as by other channels, of the burn- ing of General De Lancey's house, gave this Council great uneasiness. We think this a most unequal method of waging war with the enemy, because neither we nor they can possibly destroy any but what are properly our own houses ; and we fear that so conspicuous an example as the destruction of Mr. De Lancey's mansion house, will be industriously followed by the enemy, to the ruin of many of the good subjects of this State. For those reasons, sir, we most earnestly entreat your utmost exertions to put a stop to practices, on our part, which may be attended with the most destructive retaliations by the enemy. " His Excellency Govr. Clinton." Ordered, That a copy thereof be engrossed, and signed by the President, and transmitted. A letter from Peter B. Livingston, dated the 12th, was received and read, and the consideration thereof postponed until to-morrow. WEDNESDAY, a. m. December 17, 1777. The Council met pursuant to adjournment. Present — Evert Bancker, Esqr. Prest. pro tern. Mr. Scott, Mr. Harper, Mr. Livingston, Mr. Van Zandt, Mr. Web- ster, Mr. Dunscomb, Mr. Clark, Mr. Pawling, Mr. Snyder, Mr. Rowan. Whereas this Council have been informed by William Wood, of Goshen, in Orange county, lhat George Ewing, commissary-general of hides, in the United States, has contracted to pay him in leather by retaining to his own use one-half of all he shall tan on Continental account ; and that the said William Wood is employed by the said George Ewing, to collect the hides of cattle slaughtered 1102 JOURNAL OF THE COUNCIL OF SAFETY. for the use of the troops of the United States, or militia on each side of Hudson river; for which he is also to receive a further reward or payment : And whereas several tan- ners and curriers in this part of the State, have offered to this Council to tan all hides which may be delivered to them for the United States, for one-third part of the leather when tanned ; whereby there will be evidently a great saving to the United States. Therefore Resolved, and Ordered, That all the hides belonging to the United Slates, now in the bounds of Kingslon and Hurley, be collected by Capt. Jan Vancleusen, of Hurley, and by him preserved and detained until the said George Ewing shall have contracted for the manufacturing of them into leather, at a rate notexceeding one-third part of the said leather when tanned, or until the Continental Congress shall have made further order in the premises. A draft of a letter to Geo. Ewing, Esqr. commissary- general of hides, was read and approved, in the words fol- lowing, vizt : " In Council of Safety for the State of New- York, ) " Hurley, Deer. 17th, 1777. $ " Sir — This Council being informed that you, as com- missary-general of hides, make contracts with tanners and curriers for preparing the Continental leather, whereby they are to be paid in leather, by retaining one-half for tanning and currying the other half, when it may be done for a third, think it their duty to point out to you the great loss which the public sustains by contracts of that sort. This loss will appear evident from an attention to the enclosed estimates. The first of those is formed on the plan of your contracts, unless your workmen only tan at halves, as you pay for the currying besides ; in which case, your contracts are still more disadvantageous than we apprehended. The second estimate is formed on the plan of tanning for the third, and paying for the currying at 12s. per side, for which it may be procured to be done. The price of the tanned hides, charged at six shillings per pound, and of the curried leather, one-third more on the compared dimensions of tanned and curried leather, arbitrarily fixed in the two estimates, are probably below their present prices ; but this is immaterial in setting the proportion of the two estimates. By the first estimate, twenty-four sides will yield in cash £50 8s. ; the sales of the same number, by the second estimate, will amount to £62 8s.; the difference in favour of the public by the se- cond estimate is £12, which is near 25 per cent, an object of too much consequence to the Continent to be neglected by any of its servants, besides the advantage of a supply of one-sixth leather more for the use of the Continental troops. By inquiry of the tanners and curriers in this part of the country, we find that workmen can be had on the plan of the second estimate, who will, in that case, still make great profit by their labour. This Council, therefore, think it their duty to interpose to prevent the execution of your contracts within this State, by which so great a public loss will be occasioned ; and do hereby de- sire you will desist from carrying them into execution ; and at the same time have resolved to detain the hides in this place, where they can get them manufactured accord- ing to the second estimate, until you think proper to agree with the workmen here according to that estimate, or the Continental Congress shall have given orders herein. " The Council is also determined to enclose a copy of this letter and of the estimates to the Continental Congress, by express ; hoping, that if the pernicious effects of lan- ning and currying for the half, be diffusive throughout the States, a proper remedy may be applied by them to a mischief which, if suffered to continue without redress, will annually sink many thousands to the United States. " Upon inquiry of a principal tanner here, we find that the neat's foot oil of one beast, with a small addition of tallow, will be sufficient for currying half of its hide ; we, therefore, recommend it to you to insist with the commis- saries of provisions to furnish you with all the feet and a sufficient quantity of tallow for this purpose, which, con- sidering the price of oil, will be another great saving to the public. "We are your humble servants, " By order of the Council. " Geo. Ewing, Esqr. Commissy. Genl. -dcr to realize large sums of money, they have easily and in a short time collected, do purchase quantities of wheat at what price the farmer pleases to ask, and intend storing it 1108 JOURNAL OF THE COUNCIL OF SAFETY. near the river, perhaps with a view to supply the enemy, should they penelrate up the river in the spring, which the disaffected arc ready to conjecture ; and should this not be the case, they will have an opportunity of disposing of the same to the commissary of purchases, or others who may stand in need of the same, to advantage. There are many others who intend purchasing of grain in order to make money, and with no other view ; consequently, interest is their only object. We are informed large contracts are made in Claverack and Kinderhook, at 235. 6d. per bushel; those monopolizers in a short time will, we dare say, raise it to forty shillings per bushel. The poor, whose crops have been destroyed, can with difficulty purchase bread to subsist on — the citizens begin to be alarmed — the reason is obvious, since so many will purchase the whole the far- mer has, of course, he will not sell by the single bushel, nor dare he venture to ask the price those people will give him, from the poor. The commissary of purchases is ap- prehensive that many inconveniences will arise in his de- ferring purchasing, fearing those forestallers will engage so great a quantity, that the army may suffer through his ne- glect. On the other hand, should his deputies begin to purchase at a certain price, he is apprehensive a higher price will be given by others, which will oblige him to pay the same. This evil may, and it is probable, will continue until the price becomes enormous. The poor who must buy, seeing the public give such high prices, will clamour loudly, and not without reason. The luxuries of life are become extremely dear, and many of the necessaries. These are arguments sufficient to induce those who have wheat to sell, to ask enormous prices for the same. Pub- lic virtue has too much given place to private interest; and we are well assured, without some salutary mode is soon adopted, the poor of this county will suffer much for want of bread ; a want that cannot be dispensed with ; and the public will be much imposed on. We therefore wish the Council would take this matter into immediate considera- tion, and transmit us their advice and direction by the bearer, who goes for the express purpose, and will wait their answer. " We are, hon. sir, with great respect, "Your very humble servants. " By order, " MAT. VISSCHER, Secry. " To the President of the Council of Safety." Besides the above information from Col. Hammen and the above letter from the committee of Albany, there being several important matters now before this Council, upon which the safely of the State essentially depends, and for which it is impossible for this Council to devise and apply proper remedies unless the session of this Council is con- tinued beyond this day ; and it being possible that cases equally important and necessary may arise, before a quo- rum of both houses of the Legislature shall assemble, the Council proceeded to take into consideration whether it would be proper and expedient for the present Convention of this State, or for this Council during their recess, to sit and transact business until a competent quorum of the Le- gislature shall be convened : Whereupon, Resolved unanimously, That the present Convention of this State ought, and during their recess that this Council will, from the absolute necessity of the case, sit and con- tinue to exercise the powers and authorities heretofore exercised by them, respectively, until a sufficient number of members requisite to form a Legislature shall have met, in this or some other place within this State. The Council then proceeded to the consideration of the aforesaid application from Lieut. Col. Hammen, respecting Westchester county, and the probability that the situation of other parts of this Stale may require an extraordinary provision for their defence. Resolved, That His Excellency the Governor be, and he is hereby requested to provide, in such manner as he shall think most effectual, for the security and defence of the said county of Westchester, and other frontier parts of this State, by levies or detachments from the militia of this State, not exceeding seven hundred men, officers included, to continue in the said service for the space of one year, or such shorter lime as he shall think proper ; and that this State will defray the expense thereof, according to ihe Continental establishment of pay and rations. And in order the more effectually to facilitate such levies or detachments as aforesaid, Resolved, That certain resolutions of the Council of Safety of this State, passed the thirty-first day of July, in the year of our Lord one thousand seven hundred and seventy-seven, for laying assessments on the exempts from military duty in the militia of this State, to be distributed in bounties among the militia who should be drafted for actual service, be and hereby are revived, and shall be and con- tinue in full force and effect, and extend to all persons who, being of the age of sixty years or upwards, are excepted in and by the said resolutions from the operation thereof, and apply as well to the case of new levies as of detachments to be made by His Excellency the Governor, until further provision by the Legislature of this State, any thing in the said resolutions, or either of them contained, to the contrary hereof in any wise notwithstanding. Ordered, That the letter from the committee of Albany be committed to Mr. Yates and Mr. Benson, and that they report thereon. Adjourned till to-morrow morning. MONDAY MORNING, January 5, 1778. The Council met. Present — Evert Bancker, Esqr. President pro tern- Mr. Pawling, Mr. Dunscomb, Mr. Scott, Mr. Snyder, Mr. Benson, Mr. Harper, Mr. Yates. — Quorum. Mr. Van Houten, Mr. Clarke, Mr. Barns, Mr. Kuyper, Mr. G. Liv- ingston, Mr. Van Schaick. Daniel Haines and Thomas Murphy were brought to the Council, and respectively subscribed their parols to remain within the precinct of Poughkeepsie, in Dutchess county, and not depart the same without leave of this Council or the executive authority of this State. John Hole, Burnet Miller, and Edmond Tompkins re- spectively took and subscribed the oath of allegiance to this State before the President, and were discharged. A copy of the examination of Capt. Alexander Baldwin, and a copy of the deposition of Doctor Moses Younglove respectively taken before the chairman of the committee of Albany, and setting forth the cruel treatment they respect- ively received when prisoners with the enemy, were read and filed. The committee to whom was referrred the letter from the committee of Albany, received and read yesterday, reported a set of resolutions on the subject matter thereof, which were read, and after some time spent in the con- sideration thereof : On motion, Ordered, That the further consideration thereof be post- poned till to-morrow. Ordered, That Mr. Yates, Mr. G. Livingston, Mr. Webster, and Mr. Van Schaick be a committee to devise and report proper means for laying up magazines of sum- mer wheal to be disposed of among such inhabitants of this State as have not sown winter wheat last fall. A resolution of Congress of the 9th of December last, was read, and is as follows, to wit : " In Congress, Dec. 9, 1777. " Resolved, That the President write to the several States of Connecticut, New-York, Pensylvania, Maryland, and South-Carolina, representing to them that great and important matters are to be transacted in Congress during the winter, and the few members now attending ; and that JOURNAL OF THE COUNCIL OF SAFETY. 1109 he request them to send forward without delay an additional number of members. " Extract from the minutes, CHAS. THOMSON, Secry." The said resolution being taken into consideration, Resolved, That the President transmit a copy of the said resolution to the Honble. Philip Livingston, one of the Delegates of this State in Congress, and request him to repair to Congress as soon as possible. Monday Afternoon, January 5, 1778. The Council met. Present — Evert Baneker, Esqr. Presidt. pro tern. With the same members as in the morning. Adjourned till to-morrow morning. TUESDAY MORNING, January 6, 1778. Present— Pierre Van Cortlandt, Esqr. Presidl. Mr. Scott, Mr. Benson, Mr. Pawling, Mr- Snyder, Mr. Webster, Mr- Harper, Mr. Baneker, Mr. Yates, Mr. Dunscomb, Mr. G. Livingston, Mr. Walter Livingston, Mr. Williams, Mr. Barns, Mr. Piatt, Mr- Clarke, Mr. Killian Van Rensselaer, Mr. Schoonmaker, Mr. Kuyper, Mr. Drake, Mr. Van Houten, Mr. Van Schaick. The Council according to order resumed the considera- tion of the report of the committee on the letter from the committee of Albany, and after some time spent therein, the same was postponed for further consideration. Adjourned till this afternoon. Tuesday Afternoon, January 6, 1778. The Council met. Present — The same as this morning, with the addition of Mr. Morehouse. Resolved, That Mr. Gilbt. Livingston be, and he is hereby authorized to procure at the expense of Mr. John Holt, printer of this State, a proper house for the erec- tion of his press, and that for the rent and other expenses of procuring the same, this Council will indemnify Mr. Livingslon. The Council according to order, resumed the considera- tion of the report of the committee on the letter from the committee of Albany, whereupon the resolutions of Con- gress of the 22d Novr. last, recommending to the Legis- latures of the respective States of New-Hampshire, Mas- sachusetts Bay, Rhode Island, &c. Connecticut, New- York, New-Jersey, Pennsylvania and Delaware, to ap- point commissioners to convene at New-Haven in Connec- ticut, on the 1 5th day of January, in order to regulate and ascertain the price of labour, manufactures, internal pro- duce, &c. &c. &c. And also recommending to the re- spective Legislatures without delay, to adopt and effectually to enforce a temporary regulation of the prices of provi- sions and other commodities, for the supply of the army, to continue in force until the general regulations before proposed shall be adopted, were read ; and thereupon, Ordered, That the subject matter of the said letter from the committee of Albany and of the said resolutions, be committed to Mr. Scott, Mr. Yates, Mr. Piatt and Mr. Benson to report thereon. Adjourned till to-morrow morning. WEDNESDAY MORNING, January 7, 1778. The Council met pursuant to adjournment. Present — Colo. Van Cortlandt, Presidt. And the same members as yesterday afternoon. A petition of Stephen Smith, of Ridgefield, in the county of Fairfield and State of Connecticut, setting forth that he is possessed of a farm of land in the southern part of the town of Salem, in this State, about four miles dis- tant from the dwelling house in which the petitioner re- sides, in Ridgefield aforesaid ; that the said petitioner did last year reap on the said farm about 200 bushels of wheat, which still remains stored on the said farm, excepting about 50 bushels thereof, sold to the inhabitants in Salem. The petitioner, therefore prays a license to export the said wheat from Salem to the place of his residence at Ridge- field, in Connecticut, for the use of his family was read. Also, a letter from Mr. Peter Byvanck, a refugee from New-York, now residing at Ridgefield, directed to Evert Baneker, Esqr. confirming the facts set forth in the said petition, was also read. Thereupon, Resolved, That the said Stephen Smith be and he is hereby licensed and permitted to export the said wheat (amounting to about 150 bushels) from Salem, in this Slate, to the place of his residence at Ridgefield in Con- necticut. Adjourned until 3 o'clock this afternoon. 278 JOURNAL OF THE PROVINCIAL CONVENTION. WEDNESDAY AFTERNOON, January 7, 1778. The Convention met. Present — Colo. Van Cortlandt, President. Members of Senate. Mr. Ten Broeck, Mr. Landon, Mr. Yates, Mr. Webster, Mr. Van Schaick, Mr. Parks, Mr. Wisner, Mr. Scott. Mr. Pawling, Members of Assembly. Mr. Harper, Mr. Benson, Mr. Killian Van Rensselaer, Mr. Morehouse, Mr. Williams, Mr. Speaker, Mr. Bancker, Mr. Van Houten, Mr. Dunscomb, Mr. Barns, Mr. Snyder, Mr. Hoffman, Mr. Jay, Mr. Clarke, Mr. Gilbt. Livingston, Mr. Schoonmaker, Mr. Drake, Mr. Kuyper. Mr. Wisner represented to the Convention that he has sundry accounts with this State, for saltpetre by him pur- chased, to be manufactured at his mill, and also for bounty on powder manufactured at his said mill ; and that the Au- ditor-General has objections to the auditing of his accounts. Mr. Wisner therefore prays that a committee may be ap- pointed to audit and examine his said accounts. Ordered, That Mr. Harper, Mr. Schoonmaker and Mr. Kuyper be a committee to examine the said accounts, and report thereon. This Convention being informed that His Excellency the Governor is authorized to cause the lead mines within this State to be worked, for the Continental use, and at the Continental expense ; and that a loan of money, out of the treasury of this State, may be necessary for that purpose, Resolved, That His Excellency the Governor be, and he hereby is, authorized, from time to time as he shall think proper, to draw out of the said treasury any sum or sums of money not exceeding, in the whole, the sum of five thousand pounds as a loan to the Continent, and that the Treasurer charge the same to the Continental account. Resolved, That Nathaniel Quimby and Levy Quimby, now confined in jail in this place, be discharged from their imprisonment, upon their entering respectively into recog- nizance, with surety, in the sum of two hundred pounds each, conditioned for their appearance at the next court of oyer and terminer and jail delivery to be held in and for the county of Ulster ; that the President of this Conven- tion be authorized to take the same, and deliver it to the Attorney-General, who is hereby authorized and required to certify the said recognizance into the first court of oyer and terminer and general jail delivery which shall be held in and for the said county. Henry Schenk made an application to this Convention for a license to export out of this State three thousand barrels of flour, and produced the following letter as the ground of his application, vizt : " Camp, 6th December, 1777. " Major Henry Schenck, " Sir — Peter Colt, Esquire, writes me that he has directed the salt ordered from the eastward to your care at Fishkill. I would wish you to procure storage for it at New- Windsor, where the flour from hence must be laid down ; but we are disappointed in a quantity of about two thousand barrels of flour we had in view for that purpose. This therefore goes by express, to direct, if you have it in your power, to purchase and have in readinesss two or three thousand barrels of flour for the New-England Slates, to be sent by their wagons from thence with the salt, or our wagons, in case they must proceed to Hartford for the salt ; or wagons from James Mease, Esqr. clothier-general, as either may call you. I expect Mr. Colt has by this time got a supply of cash from the loan office of Massachusetts ; but be that as it may, I shall endeavor to forward him a supply on my return to York. He will, I hope, help you out in this purchase. I would wish to answer Mr. Colt's letters of the 10th and 23d ult. which I received here, but have neither time nor convenience, our baggage being sent off and the enemy in view. " I am, sir, your very humble serv't, " WM. BUCHANAN, C. G. of P. " P. S. Your answer to this, T should be glad you would direct to Colo. Ephm. Blaine, D. C. G. of purchases for the middle department, at Head-Quarters, with whom shall be glad you would correspond upon all occasions. " [Public service.] " Major Henry Schenck, Assistant Commissary of purchases, Fishkills." 1112 JOURNAL OF THE PROVINCIAL CONVENTION. On reading of which letter, Mr. Schenck being asked whether he could make oath that the said flour was des- tined for Continental use, answered in the negative, and withdrew. The question was then put whether Mr. Schenk's ap- plication should be granted : Whereupon, it is Resolved, that Mr. Schenk's application shall not now be granted. Resolved, nevertheless, That the President be, and he is hereby directed to inform him that his application shall be complied with, on his producing evidence on oath that the troops in the New-England States are in present need of flour, or that the above mentioned quantity is wanted for Continental uses only. Resolved, That Col. Hughes, deputy, is hereby licensed and permitted to export out of this State into the State of Massachusetts Bay, twenty barrels of flour for the use of the Honble. John Hancock and his family. Adjourned until to-morrow morning. THURSDAY MORNING. Poughkeepsie, January 8, 1778. The Convention met. Present — Col. Pierre Van Cortlandt, President, and the same mem- bers as yesterday afternoon. The committee appointed to examine and report their opinion on Mr. Wisner's accounts with the State, delivered in their report, which was read, and is in the words fol- lowing, vizt. " Your committee appointed to examine the accounts of Henry Wisner, Esqr. relative to saltpetre and bounty on gunpowder, report : That it appears to them that a part of the saltpetre which Mr. Wisner hath purchased for the use of this State, consisting of 2,420f lbs. is unattended with such vouchers of its being made of materials collected within this State as are required by a resolution of Con- vention in that case made and provided ; and that in con- sequence thereof, the Auditor-General refuses to audit his accounts of the same. That nevertheless, from the local situation of the several manufacturers of the said saltpetre, your committee are satisfied that the said saltpetre was made from materials collected within this Slate, and are of opinion that a strict compliance with the letter of the said resolution in this case ought to be dispensed with, and do therefore recommend the following resolution, to wit : " Resolved, That the Auditor-General of this State be and he is hereby authorized and directed to audit the said accounts for payment, notwithstanding their being unat- tended with the necessary vouchers as aforesaid. " That as to the gunpowder manufactured at Mr. Wis- ner's mills, it appears to your committee that near two thousand weight thereof hath been delivered to the order of the Convention of this State, and that the remainder was delivered to the several orders of Genl. Washington and Genl. Schuyler at different times, excepting about one ton weight thereof remaining in the powder house and ready to be delivered to the order of this State. That the said powder, agreeable to a resolution of Provincial Congress, should have been delivered to the committees of the re- spective counties where it was manufactured ; but that the aforesaid applications and orders prevented a compliance therewith. That Mr. Wisner's answer to the demands of the Generals aforesaid, was highly expedient, as a speedy supply of that article was indispensably necessary to pro- mole the public good, and that he has fully complied with the spirit of the said resolution, and do therefore recom- mend the following resolution, to wit : " Resolved, That the Auditor-General of this State be and he is hereby authorized and directed to audit Mr. Wis- ner's accounts of the same for payment, notwithstanding their being unattended with the necessary vouchers requir- ed by the letter of the said resolution." The said report being read, Resolved, That this Convention do approve of the said report of their committee, and that the same stand con- firmed. Resolved, That Elihu Marvin and Isaac Nichols, Esqrs. be and they are hereby appointed commissioners of se- questration on the north side of the mountains in the coun- ty of Oranjje, with the like powers as are vested in the commissioners of sequestration in that and the other coun- ties of this State. David Doty, of Amenia precinct, Dutchess county, attending, informed this Convention that Zedick Knapp, of Amenia precinct halli sold his farm in the said precinct and purchased another at Salisbury, Connecticut, to which place he intends to remove with his family. That he hath raised on the said farm in Amenia precinct about 180 bushels of wheat, and he prays a license to export the same to Salisbury for the use of his family. Thai Stephen Delano, of Sharon, last year hired a farm of the said David Doty, situate in Amenia precinct aforesaid, on which the said Stephen Delano then resided, and on which he raised about 160 bushels of wheat, for which said wheat the said Stephen Delano requests a license likewise to transport the same to Sharon. The said David Doty having made oath that he verily believes the above facts to be true, Resolved, That the said Zedick Knapp be and is here- by licensed to export out of this State to Salisbury, the said 100 bushels of wheat, and that the said Stephen Delano be and is hereby licensed to export out of lliis Stale to Sharon the said ISO bushels of wheat for the use of their respective families. Resolved, That the commissioners of sequestration in this Stale do, without delay, account with the Auditor- General of tliis Slate for all such sum or sums of money as shall have come into their hands in the execution of their offices respeclively ; and that immediately on such audit, the v do deposit the balance in their respective hands into the treasury of this Stale. It being represented to this Convention that the seals of this Slale are now made and in the possession of His Ex- cellency the Governor, that a set of screws is necessary for the purpose of making use of the said seals, and the Convention being informed that screws for the purpose aforesaid are in the possession of Saml. Bayard, Esqr. Ordered, That the Secretaries of this Convention, or either of them, be authorized to demand and receive, or order to be received, from Saml. Bayard, Esqr. the screws which were used for the public seals ; and in case the same are not in his possession, that the said Secretaries, or either of them, do cause such screws as are necessary for the public seals of this Slate, to be made, and deliver the same to His Excellency the Governor. Thursday, P. M. January 8, 1778. Present— Pierre Van Cortlandt, Esqr. President. Mr. Scott, Mr. Yates, Mr. Van Schaick, Mr. Wisner, Mr. Pawling, Mr. Landon, Mr. Webster, Mr. Parks, Mr. Ten Broeck — Members of Senate. Mr. Harper, Mr. K. Van Rensselaer, Mr. Williams, Mr. Banck- er, Mr. Dunscomb, Mr. Snyder, Mr. Drake, Mr. Van Houten, Mr. Barns, Mr. Hoffman, Mr. E. Clark, Mr. Schoonmaker, Mr. Kuy- per, Mr Hathnrne, Mr. Coe, Mr. Honeywell, Mr. Crane, Mr. Speaker — Members of Assembly. Resolved and Ordered, That Margaret, the wife of John Turner, late of Haverstraw precinct, in Orange county, now gone to the enemy, together with the aged, decrepid mother of the said John Turner, be, by the committee of Haverstraw precinct, permitted to remain in Orange county until the said mother of the said John Turner, can, if living, be sent to the city of New- York by water without endanger- ing her life, provided that this resolution and order shall in no wise effect or interfere with the commissioners of se- questration in Orange county, in seizing, selling or dis- posing of any property left in the country by the said John JOURNAL OF THE PROVINCIAL CONVENTION. 1113 Turner: and that the said Margaret and the said mother of the said John Turner or either of them be not left in the possession of any oilier property of the said John Turner than would have been left in their possession if the above resolution and order had not passed. Application being made by Major-General Putnam com- manding officer of the middle department, that this Con- vention would appoint a committee to confer with him rela- tive to the necessary works to be constructed for the de- fence of the passes in the Highlands, Resolved, That the General's request be complied with, and that Mr. Scott, Mr. Pawling, Mr. Wisner, Mr. Sny- der, Mr. Killian Van Rensselaer, Mr. Drake, Mr. Ha- thorn and Mr. Hoffman, be a committee for that purpose. FRIDAY, 10 a. m. January 9, 1778. The Convention met. Present — Pierre Van Cortlandt, Esqr. President. Mr. Scott, Mr Yates, Mr. Van Schaick, Mr. Wisner, Mr. Pawling, Mr. Landon, Mr. Webster, Mr. Parks, Mr. Smith, Mr. Piatt, Mr. Ten Broeck — Members of Senate. Mr. Harper, Mr. K. Van Rensselaer, Mr. Williams, Mr. Bancker, Mr. Dunscomb, Mr. Snyder, Mr. Drake, Mr. Van Houten, Mr. Barnes, Mr. Hoffman, Mr. E. Clark, Mr. Schoonmaker, Mr. Kuyper, Mr. Ha- thorne, Mr. Coe, Mr. Honeywell, Mr. Crane, Mr. Speaker, Mr. Livings- tan, Mr. Brinckerhoff, Mr. Boerum — Members of Assembly. General Scott, from the committee appointed yesterday evening, to confer with Gen. Putnam, Gen. James Clinton, the lieutenant-colonel of engineersand other military officers, relative to the necessary works to be constructed for the passes in the Highlands, and the place or places where the same ought to be erected, reported that they had conferred wilh the said generals and other officers ; that on such confe- rence there was a disagreement in sentiment between those gentlemen, (arising from certain different facts alleged,) as to the place where such works ought to be erected ; and therefore that it was the opinion of the said committee and the military gentlemen, that this Convention appoint com- missioners to view the several passes on Hudson river, with the generals and other officers, and advise in fixing the pla- ces where such fortifications should be erected. Resolved, That John Sloss Hobart, Esqr. one of the justices of the supreme court, the Honble. Robt. R. Li- vingston, Chancellor of this State, Mr. Piatt, Mr. Wisner, and Colonel Halhorn be, and hereby are, appointed com- missioners for the purpose above mentioned, and proceed on that business with all possible despatch. A letter to the Chancellor, requesting his immediate at- tendance on the business of the commissioners before ap- pointed, was read, and follows, to wit : " The Convention have appointed you, together with Judge Hobart, Mr. Piatt, Mr. Wisner and Colo. Hathome a committee to repair, with Generals Putnam and Clinton, the engineer and other military gentlemen, to fix on the place for building fortifications on Hudson's river. " The other gentlemen are to set out, with the generals, immediately, and you are earnestly requested to join them with all possible despatch. " I am, respectfully, sir, " Your very humble servt." Ordered, That Robert Benson, Esqr. one of the Secre- taries, do proceed with the said letter to the Chancellor, with all possible despatch. On application of Colo. Uuboys, Ordered, That Obadiah Compton, Archibald Morrison, Ezekiah Davis, John Bancker and Bartholomew Bancker, soldiers enlisted in Colo. Duboys's regiment, be discharged from confinement in Dutchess county jail, and permitted to join their regiment. The committee appointed on the 5th instant, to devise and report proper means for laying up magazines of sum- mer wheat, to be disposed of among such inhabitants of 279 this State as have not sown winter wheat last fall, brought in their report, which was read. After much time spent thereon, Ordered, That the report be recommitted to the same committee, and that Mr Lott be added to that committee. A petition of John I. Graham, confined in Dutchess county jail, praying a discharge from jail, and engaging, by his future conduct and behaviour to be a useful member of the United Slates. Resolved and Ordered, That the said John I. Graham be discharged from jail on his entering into recognizance to the people of the Stale of New-York, in the sum of one thousand pounds, with two freeholders bound with him as sureties ; each in the sum of five hundred pounds, con- ditioned for the appearance of the said John I. Graham, at the next court of oyer and terminer and general jail deli- very, to be held in and for the county of Ulster, and not to depart without leave of the said court; that the President of the said Convention, be and is hereby authorized to take the said recognizance, and deliver it to the Attorney- General, who is hereby authorized and required to certify the said recognizance to the next court of oyer and ter- miner and general jail delivery that shall be held in and for the said county of Ulster. Adjourned till three o'clock in the afternoon. 3 ho. P. M. Twenty-five members of those who attended in the morning met. But two of the members having accidentally withdrawn before any business was begun, for want of a quorum, the other members adjourned. SATURDAY, 10 ho. a. m. January 10, 1778. The Convention met. Present — Pierre Van Cortlandt, Esqr. President. Mr. Webster, Mr. Scott, Mr. Pawling, Mr. Smith, Mr. Landon, Mr. Ten Broeck, Mr. Van Schaick, Mr. Yates, Mr. Parks— Members of Senate. Mr. Bancker, Mr. Dunscomb, Mr. Cuyper, Mr. E. Clarke, Mr. Sny- der, Mr. Williams, Mr. Barns, Mr. Van Houten, Mr. K. Van Rensse- laer, Mr. Coe, Mr. Schoonmaker, Mr. Benson, Mr. Jay, Mr. Gil. Li- vingston, Mr. Harper. — Members of Assembly. Resolved, That this Convention will appoint three com- missioners to meet commissioners from the States of New- Hampshire, Massachusetts Bay, Rhode-Island and Provi- dence Plantations, Connecticut, New-Jersey, Pennsylva- nia and Delaware, at New-Haven, in Connecticut, on the 1 5th day of January instant, pursuant to the resolutions of the Honourable Congress, on the 22d day of November last, unless other commissioners shall be appointed by the Senate and Assembly of this State for that purpose. Resolved, ThatWni. Floyd and Comfort Sands, Esqrs. be and hereby are nominated to be two of the said com- missioners ; and that they be immediately notified of this nomination by letter from the President, to be sent by ex- press ; and that Comfort Sands, Esquire, be requested to pass through Poughkeepsie on his way to New-Haven aforesaid. Resolved, That the nomination of the third commis- sioner be deferred for consideration. Resolved, That Mr. Yates, Mr. Scott and Mr. Benson be a committee to prepare and report a commission and instructions for the said commissioners. Abraham B. Bancker, Esqr. commissary of prisoners of war, in this State, request a further advance of money for the necessary support of prisoners in his care. Ordered, That the Treasurer of this State do advance to the said Abraham B. Bancker, as commissary of the prisoners of war, the further sum of one hundred pounds, and take his receipt for the same. Colo. John Harper of Tryon county, attending the Con- 1114 JOURNAL OF THE PROVINCIAL CONVENTION. vcntion, was admitted. He produced certain accounts re- lative to the companies he was ordered to raise in and for the defence of Tryon county, which he requests might be settled. Colo. Harper further requests that additional commissioners of sequestration may be appointed in Tryon county ; and mentions some further regulations, which he thinks necessary in Tryon county. Ordered, That Mr. Van Schaick, Mr. Landon and Mr. Schoonmaker be a committee to confer with Col. Harper, and report to the Convention on the premises. " Sir — I am directed by the Convention to inform you that you are appointed one of the commissioners from this State, to meet commissioners from the Slates of New- Hampshire, Massachusetts Bay, Rhode-Island and Provi- dence Plantations, Connecticut, New-Jersey, Pennsylvania and Delaware, at New-Haven, on the 1 5th instant, pur- suant to certain resolutions of Congress, passed on the 22d of November last. "The Convention request that you will set out on this important business, so as to be at New-Haven on the day appointed ; and that you will, on your way, pass through Poughkeepsie, where a commission or appointment of Wm. Floyd, Esqr. yourself and the other gentlemen who may be appointed, will be ready for you." Adjourned till ten o'clock to-morrow morning. SUNDAY, 10 a. m. January 11, 1778. The Council met. Present — Pierre Van Cortlandt- Mr. Scott, Mr. Webster, Mr. Pawling, Mr. Landon, Mr. Ten Broeck, Mr. Van Schaick, Mr. Yates, Mr. Woodhul! — Senators. Mr. Bancker. Mr. Dunscomb, Mr. Cuyper, Mr. E. Clarke, Mr. Sny- der, Mr. Williams, Mr. Van Houten, Mr. K. Van Rensselaer, Mr. Schoonmaker, Mr. Jay, Mr. Benson, Mr. Gilb. Livingston, Mr. Wicks, Mr. Harper — Members of Assembly. Mr. McKesson, one of the Secretaries, produced to the Convention, accounts of money charged by William Hol- ly of Goshen, for maintaining five prisoners of war, each one hundred and thirty-four days, from the 26th of March to the 7th day of August last included, amounting to thirty- three pounds fourteen shillings and four pence, exclusive of a bill of Doctor John Gale, for medicines to and atten- dance on Donald McDonald, one of the said prisoners, in sickness, charged at £2 13s. 9d. and exclusive of a bill of Doctr. Thos. Wickham, for medicines to and attendance on Donald McMullan, another of the said prisoners, charged at 46s. which two bills the said Secretary alleges he thinks himself not authorized to pay. The said two bills being considered as exorbitant, and a gentleman of the profession having examined and rated the same at the sums hereafter mentioned, Ordered, That the said Secretary allow and pay in the said account of William Holly, the sum of twenty-six shil- lings for the biil of the said John Gale, and no more ; and the sum of twenty shillings only for the bill of the said Thomas Wickham. And Ordered, That the Treasurer of this State pay to the said John McKesson for the amount of the said William Holly's account, with the addition of the said bills of Thos. Wickham and John Gale as moderated, the sum of thirty- five pounds nineteen shillings and four pence. " Gentlemen — Pursuant to a resolution of the Honoura- ble Congress, passed on the 15th of August, which is the first resolution of that nature that came to our knowledge, and of which were notified late in November. We en- close you accounts and vouchers of disbursements paid by this Stale for prisoners of war, to be immediately laid before Congress. " It is very probable that this State has advanced other moneys for the maintaining and securing of prisoners of war, for which, if sufficient vouchers should hereafter be produced, we will depend on the justice of the United States, and the resolution of Congress to exclude the ac- counts notwithstanding. " We received the resolution above mentioned, at a time when we were not in a situation to have recourse to our minutes or accounts, which had been hastily removed from the conflagration of Kingston. " We request you, gentlemen, when these accounts are passed, to procure the amount of them to be paid into our treasury, as our funds require aid. " Mr. Abraham B. Bancker is at present cammissary of the prisoners of war in this Stale, and has a number of such prisoners in his care. " We expect so many members as to form a quorum of each branch of the Legislature without delay, and ear- nestly request that you from time to lime transmit us any resolutions of Congress which concern this Stale, and any other advices which may be useful to us. " I have the honour to be, " With respect and esteem, " Gentlemen, your very humble servant. MONDAY, 10 ho. a. m. January 12, 1778. The Convention met. Present — Pierre Van Cortlandt, Esqr. Presidt. Mr. Scott, Mr. Paulding, Mr. Yates, Mr. Webster, Mr. Landon, Mr. W. Smith, Mr. Ten Broeck, Mr. Van Schaick, Mr. Woodhull— Senators. Mr. Harper, Mr. Livingston, Mr. Snyder, Mr. Schoonmaker, Mr. Bancker, Mr. Benson, Mr. E. Clark, Mr. Kuypcr, Mr. Williams, Mr. Wicks, Mr. Jay, Mr. Dunscomb, Mr. Coe, Mr. Van Houten, Mr. K. Van Rensselaer, Mr. Robt. Graham — Members of Assembly. Resolved, That this Convention will appoint five com- missioners to meet commissioners from the States of New- Hampshire, Massachusetts Bay, Rhode Island and Pro- vidence Plantations, Connecticut, New-Jersey, Pennsyl- vania and Delaware, at New-Haven in Connecticut, on the 15th day of January instant, pursuant to the resolu- tions of the Honorable Congress on the 22d of November last, unless other commissioners shall be appointed by the Senate and Assembly of this State, for that purpose. Resolved, That William Denning and Peter T. Curte- nius, Esqrs. be and hereby are nominated to be two of the said commissioners, together with William Floyd and Comfort Sands, Esqrs. who were nominated by Conven- tion for that purpose, on the tenth instant, and that the said William Denning and Peter T. Curtenius be immedi- ately notified of this nomination by letters from the Presi- dent, to be sent by an express, and that each of them be requested to pass through Poughkeepsie in their way to New-Haven. Robert Graham, Esqr. came in and took his seat. Resolved, That the nomination of a fifth commissioner be postponed until the afternoon. Ordered, That the President write to Messrs. Denning and Curtenius, informing them of the said appoinlment, and requesting them to set out on the important business, so as to be at New-Haven on the day appointed or as soon after as possible, and that in their way they stop at Poughkeepsie. A letter from the committee of Westchester county directed to the commissioners of conspiracies, &c. was read. It accompanies eight prisoners sent to this place under guard, by the said committee, to be dealt with as the said commissioners shall think adequate to their crimes, which are as follows, vizt : Peter Wood, Wm. Mead, Wm. Akely, Jerh. Merrit ; guilty of horse stealing and house robbery. David Dutcher, was a lieutenant in the Continental ser- vice in 1776, and in the enemy's service in 1777. Danl. Wright, joined the enemy and fired on our guard. Dan. Stanley, taken going to the enemy with a protection. Joshua, alias Jonathan Hains, taken with the enemy. JOURNAL OF THE PROVINCIAL CONVENTION. 1115 Ordered, That they be committed to the jail of Dutchess county. Whereas the northern and western frontiers of this State have been laid waste in the last campaign, by reason whereof the farmers in that quarter have not been able to sow their winter grain as usual : And whereas it may be requisite in order that the inhabitants in that part of the country may be properly supplied with the necessaries of life, that the lands which remain unsown as aforesaid, should in the ensuing spring be sowed with summer wheat or rye. Therefore, Resolved, That it be recommended to such of the far- mers in the counties of Albany, Tryon, Charlotte, Glou- cester and Cumberland, who have not been able to sow their lands with winter grain as usual, to procure summer wheat or rye, and 3bw their lands with the same in the ensuing season. Resolved, That it be recommended to all persons pos- sessed of summer wheat or rye, to abstain from manufac- turing the same into flour or meal, and keep the same for seed grain, to be disposed of to such persons as shall be desirous of applying it to the uses aforesaid. TUESDAY MORNING, January 13, 1778. Present — Pierre Van Cortlandt, Esquire, President. Mr. Ten Broeck, Mr. Webster, Mr. Smith, Mr. Pawling, Mr. Landon, Mr. Scott, Mr. Woodhull, Mr. Yates, Mr. Van Schaick — Senators. Mr. Speaker, Mr. Clarke, Mr. Kuyper, Mr. Dunscomb, Mr. G. Li- vingston, Mr. Coe, Mr. Bancker, Mr. elide, Mr. Klock, Mr. Edie, Mr. Jay, Mr. Crane, Mr. Swartwout, Mr. Russel, Mr. Boerum, Mr. Harper, Mr. Van Houten, Mr. Schoonmaker, Mr. Graham, Mr. Brinckerhoff, Mr. Barns, Mr. Benson, Mr. Wickes, Mr. Snyder, Mr. Honeywell — Members of Assembly. On reading the petition of John Armstrong, confined in the jail at this place, Ordered, That he be discharged. Ordered, That Mr. Speaker of the Assembly, Mr. Brinckerhoff and Mr. Benson be a committee to devise and report proper means for supporting the prisoners confined in the jail of Dutchess county. The committee to whom was referred the considera- tion of sundry matters laid before Convention by Colonel John Harper, of Tryon county, delivered in their report, which was read and agreed to, and is in the words follow- ing : " The several matters submitted to their consideration were as follows, vizi: " 1st. That there are but two commissioners of seques- tration, when two more are necessary in said county. " 2d. That there be a particular order to all persons who have seized any of the effects of those who are gone over to the enemy, without the order of the commissioners, to make such persons accountable for the same. " 3d. What is to be done with persons who may con- ceal the effects of such disaffected persons. " 4th. Whether the commissioners of sequestration have a right to answer an order of the county committee out of the public money in their hands. " 5th. Whether the commissioners shall interfere with the sending of the families of those who have gone over to the enemy out of our lines. " 6th. How those persons shall be paid who have any demand upon the estates of persons whose effects are now sold by the commissioners. " 7th. How those persons who have been driven from their habitations and deprived of their substance shall be supported. " 8th. Whether Col. Harper's extra expenses for the lighthorse, and expenses for the Indians, &c. may be al- lowed. " Upon which the committee reported as follows : " 1st. That in their opinion, there ought to be two addi- tional commissioners ol sequestration appointed in said county. " 2d. That there have been competent resolutions pass- ed by the Convention and Council of Safety of this State, empowering the commissioners of sequestration in the se- veral counties to seize and secure the effects of disaffected persons, which may be seized or concealed by other per- sons, without the orders of the commissioners. " 3d. That no commissioners of sequestration ought to answer an order from the county committee, out of the public moneys, without a special order from the Conven- tion or Legislature of this State. " 4lh. That the commissioners ought not to interfere with sending of the families of persons who have gone over to the enemy, as the county or district committees only are empowered at their discretion to send off such fa- milies. " 5th. It may justly be presumed, that at some future day, provision will be made, by act or acts to be passed by the Legislature of this State, for discharging the just de- mands on such estates as may hereafter be adjudged con- fiscated. " 6th. That where no particular provision has been made for the support of those families who, by the incur- sions of the enemy, are deprived of their substance, and thereby rendered unable to support themselves, that their distressed situation ought to be referred to the Legislature of this State. " 7th. That Col. Harper's disbursements for the light- horsemen employed in Tryon county, is not a proper charge against this State, but against the Continent, and that Col. Harper ought to get such proper certificates as he can obtain, and apply for his money to the officer who ordered out the said troop of horse, or to the Commander- in-Chief, or the commissary or quarter-master for the time then being in the northern department ; and that his ac- count for disbursement for the Indians should be laid be- fore the commissioners for Indian affairs." The said report being read, and again read by para- graphs and agreed to, Resolved, That this Convention agree with the said com- mittee therein, and ratifies and confirms the same. Tuesday Afternoon, January 13, 1778. Present — Col. Pierre Van Cortlandt, Esqr. Presl. The same members of Senate and Assembly as this morning, with the addition of Col. Robert Van Rensselaer and Mr. Moorehouse. Ordered, That William Eli be discharged outof Dutchess county jail, on his entering into bond to the Treasurer of this State, in the sum of one thousand pounds, conditioned for the good behaviour of the said William Ely, and his being a faithful subject of the Stale and doing his duty as a faith- ful subject ought to do. WEDNESDAY 10 ho. a. m. Poughkeepsie, January 14, 1778. Convention met. Present — Pierre Van Cortlandt, Esqr. Presidt. Mr. Harper, Mr. Jay, Mr. Dunscomb, Mr. Bancker — New-York. Mr. Mills, Mr. Graham, Mr. Crane, Mr. Honeywell, Mr. Drake — Westchester. Mr. Speaker, Mr. R. Vau Rensselaer, Mr. K. Van Rensselaer, Mr. Tayler, Mr. St. J. Schuyler— Albany. Mr. Hathorne, Mr. Kuyper, Mr. Van Houten— Orange. Mr. Edie, Mr. Clyde, Mr. Klock — Tryon county. Mr. Schoonmaker, Mr. Snyder, Mr. Hardenbergh — Ulster. Mr. Weeks— Suffolk. Mr. Coe — Queens. Mr. E. Clark, Mr. Barns, Mr. Russel— Charlotte. 1116 JOURNAL OF THE PROVINCIAL CONVENTION. Mr. Swartwout, Mr. Hoffman, Mr. G. Livingston, Mr. Morehouse, Mr. Brittckerhoffj Mr. Benson— Dutchess. Mr. Boerum, Mr. Williams — Kings. Mr Scott, Mr. Pawling. Mr. Webster, Mr. Parks, Mr. Woodhull, Mr. Van Schaick, Mr. Smith, Mr. Wisner, Mr. Yates, Mr. Ten Broeck, Mr. J,andon — Senators. Resolved, That Jacobus Swartwout, Joseph Strang, Mclancton Smith, Peter Cantitie, and Egbert Benson, Esqrs. commissioners for conspiracies, or any two of them, be authorized in their discretion, to discharge the parols of the several persons confined on parol by order of the late Council of Safety : Provided that such discharge shall not be construed to pardon the said several persons of any ciimes or offences heretofore committed by them, respec- tively, or remit any punishments or forfeitures they may respectively be subject to. Resolved, That Mr. Drake, Mr. Bancker and Mr. Ho- neywell be a committee to audit and examine the account of Davis Hunt against this State, for making a table, benches and other matters for the use of the Senate and Assembly, and that the Treasurer pay to the said Davis Hunt such sum or sums, in discharge of the said account, as the said auditors, or any two of'lhem, shall certify as just and proper. Resolved, That the commissioners appointed to super- intend the return of the prisoners of this State now con- fined in Hartford, in Connecticut, be authorized to permit such of the said prisoners as they in their discretion may think proper to enlist in any of the five Continental regi- ments raised under the direction of this State, or in Colo. Malcom's regiment in the Continental service ; and that such enlistment shall operate as a pardon to the person so enlisting of all crimes and offences heretofore committed by him, and of all punishments and forfeitures to which he might be liable or subject to by reason thereof : Provided always, that nothing in this or any former resolutions of Convention or Council of Safety contained shall be con- strued to authorize the said commissioners to discharge any prisoner who by name shall be pointed out to the said com- missioners, by the members of Senate or Assembly for the county of which he is an inhabitant, as improper to be discharged. Major John Younglove, (through a member,) informed the Convention that in the execution of his office of a com- missioner of sequestration, and for effects by him sold, he has had the misfortune to receive one counterfeit bill of thirty dollars, and two other counterfeit bills of six dollars each, amounting in the whole to forty-two dollars. Resolved, That if the said John Younglove make oath be- fore the Vice-Treasurer, that he received the said three bills in the course of the business of his office, and for goods by him sold as a commissioner, and that he does not know the person or persons of whom he received the said bills or either of them ; and that he did not know at the time of receiving the same bills, or either of them, that either of them was false or counterfeited, and file such affidavit in the treasury of this State ; that he may deliver the said three bills to the President of the Senate or the Speaker of the Assembly, who is hereby directed to see the same burnt : and Resolved, That on such oath and delivery of the said bills, the said John Younglove be credited in his account with this State as commissioner for the said sum of forty- two dollars. Resolved, That until further order by the Legislature of this Stale, the Vice-Treasurer of this State exercise the like powers in favour of other commissioners of sequestra- tion in this Slate in similar cases ; and that all such coun- terfeit bills as shall from time to time be in like manner received by such commissioners, be in like manner des- troyed by the President of the Senate or Speaker of the Assembly for the time then being. The affidavit of Joseph Payson, of Sudbury, in the State of Massachusetts Bay, (who has imported salt iuto this State,) in order to obtain a permit for the exportation of one hundred barrels of flour, was read : Thereupon Ordered, That a permit be given to the said Joseph Payson, in the words following, vizt: " By the Convention of the State of New- York : " Poughkeepsie, in Dutchess county, January 14, 1778. " Pursuant to certain resolutions of the Council of Safety of the Stale of New- York, license and permission is hereby granted to Joseph Payson, of Sudbury in Massachusetts Bay, trader, to export 100 barrels of flour of this Stale to any place or places not in possession of the enemy, in either of the Slates of Connecticut, Rhode-Island and Pro- vidence Plantation, Massachusetts Bay, or New-Hamp- shire. " Given this 14th day of January, in the year of our Lord, 1778. " By order." An affidavit of Ralph Smith, of Roxbury in Massachu- setts Bay, trader, who has imported salt into this State, for the purpose of obtaining a permit to export flour from thence, was read. Whereupon, Ordered, That a permit, or license, be granted to the said Ralph Smith to export 300 barrels of flour out of this Slate, similar to the license for the like purpose this day granted to Joseph Payson, and subject to the same restrictions, which was granted accordingly. An affidavit of William Smith, of Fishkill, in the county of Dutchess, was read, in order to obtain a permit or license for the said William Smilh to export 400 barrels of flour out of this State. Whereupon it was Resolved and Ordered, That a license or permit be issued to the said William Smith to export 400 barrels of flour to Massachusetts Bay State, and that the Secretaries prepare such permit in common form, but that the same remain in the hands of the President until the said William Smith shall have made oath that he will sell and dispose of, by retail, to the inhabitants of this State, as soon after the arrival of the said flour as purchasers shall apply for the same ; and that on the said William Smith's having made such affidavit, the said license and permit be delivered to the said William Smith. Mr. Piatt came in and took his seat. Wednesday, January 14, P.M. 1778. Present — The same members as in the morning. A letter from Francis Lewis, Esqr. one of the Honble. the Delegates of this State, directed to Pierre Van Cort- land, Esqr. President, dated the 5th of January instant, was read and follows, vizt : " Sir — I had the honour to write you lately by the mes- senger who was sent from hence with money for the ex- penditures of our Slate. In that letter I advised you that with the advice and concurrence of my colleague, Mr. Duer, I had purchased woollens for the use of your troops, amounting to £2,223 5s. which remains in Mr. Duer's quarters, waiting for your orders. " By a letter from His Excellency Governor, Clinton read this day in Congress, I learn that he had convened the Assembly to meet on the same day. I hope they will ad- vert to the appointment of one or more Delegates to repre- sent them in Congress. Mr. G. Morris does not appear, and Mr. Dner is gone for a few days into the country, his ill state of health requiring a recess from business; so that our State is without a representation in Congress, which at this critical time is to be much regretted, as there is not a sufficient number of members to expedite the busi- ness now before the House, and that business hourly accumulating. " The Legislature of the State of Virginia has ratified the Articles of Confederation : Congress hopes the other JOURNAL OF THE PROVINCIAL CONVENTION. 1117 States will speedily follow the example. With profound respect, " I am, sir, " Your most obedt. hum. servt. " FRA. LEWIS. " Pierre Van Cortlandt, Esqr." " Yorktown, 5tA Jany. 1778. Another letter from Francis Lewis, Esqr. was received and read in the words following, vizt : " Sir. — The express going off gives me but just time to acknowledge the receipt of your favor of the 17th ulto. with the enclosed papers, which I shall immediately lay before Congress, and urge the expediency of those mea- sures therein proposed being carried into execution, and shall advise you with the result. " Congress has been of late made sensible of many abuses crept into the commissary's and quarter-master's departments, and which will be soon taken under consi- deration of Congress. I wrote the Honble. President Van Cortlandt this day, to which beg to refer you. " And am, sir, " Your obedient humble servant, " FRA. LEWIS. " Evert Bancker, Esqr." " Yorktown, 5th Jany. 1778. Resolved, That the Delegates from this State in Con- gress, or any two of them, be authorized and requested to appoint a person to have such of the woollens mentioned in the letter from Francis Lewis, Esqr. of the 5th instant, to the President of this Convention, as aie proper for that purpose, made up into soldiers' clothing and delivered in equal quantities, as nearly as may be, to the commanding officers of the two Continental battalions raised under the direction of this State, now at Head-Quarters, or their re- spective orders — the said commanding officers, by their several orders or receipts, making themselves accountable to this State for the quantity of clothing to be delivered to them respectively ; and such of the said woollens as are proper for officers' clothing, be delivered in like manner in cloth. Resolved, That the committee of Albany be authorized to empower the Quarter-Master-General, his deputies or agents, to impress for the fortifications now erecting in the Highlands, boards for sale in the county of Albany, not exceeding thirty thousand boards, upon such terms and conditions as they shall think proper. Resolved, That the above resolution be transmitted to the committee of Albany, in a letter from the President, slating to them the absolute necessity of having a quantity of boards for the purpose mentioned, recommending it to them to give the persons employed to procure the boards all the aid in their power in enabling them to obtain the necessary quantity, and at such price as will be a proper and reasonable compensation to the persons having boards for sale. That they be advised to send for such persons and endeavour to determine the price with the actual con- sent of the said persons and the persons authorized to im- press ; and if that cannot be effected, that the committee then be advised to regulate and. settle the price as they shall conceive just and equitable ; and that the committee be requested to urge the inhabitants to employ their saw mills in order that the public may be supplied with the quantity requisite to complete the fortifications. " Your committee, who were sent to ascertain the place for fixing a chain and erecting fortifications for obstructing the navigation of Hudson's river, beg leave to report : That they have carefully viewed the ground on which Fort Clinton lately stood and its environs, and find that the ground is so intersected with long, deep hollows, that the enemy might approach, without any annoyance from the garrison within the fort, to within a few yards of the walls, unless a redoubt should be raised to clear the hollow next the fort, which must be built at such a distance from the for tt hat it could not be supported from thence in case of 280 an assault, so that the enemy might make themselves mas- ters of the redoubt the first dark night after their landing, which would be a good work, ready to their hand for an- noying the fort and facilitating their operations against it ; and, together with the eminences and broken grounds with- in a short distance of the fort, would render it impossible for the garrison to resist a general assault for many hours together. Another objection that appeared to the commit- tee was the want of earth on the spot, which would reduce the engineer to the necessity of erecting his works entirely of timber, which must be brought to Pooploop's kill in rafts, and from thence drawn up a steep and difficult road to the top of the hill. The rafts cannot be made till the water is warm enough for men to work in it, by which it is probable that a fort cannot be erected before the ships of the enemy will come up the river. Besides, at this place, the chain must be laid across the river so that it will receive the whole force of the ships coming with all the strength of tide and wind, on a line of three or four miles. Add to these, if the enemy should be able to possess them- selves of the passes in the mountains through which they marched to the attacks of forts Montgomery and Clinton, it would be extremely difficult, if not impossible, for the militia of the country to raise the seige. Upon viewing the country at and about West Point, the committee found that there were several places at which the enemy might land and proceed immediately to some high grounds that would command a fort erected at West Point at the dis- tance of six or seven hundred yards, from which they might carry on their approaches through a light gravelly soil, so that it would be impossible for the fort to stand a long seige. But to balance this disadvantage in this place, there is plenty of earth. The timber may be brought to the spot by good roads from the high grounds at the dis- tance of one to three miles. Three hundred feet less of chain will be requisite at this place than at Fort Clinton. It will be laid across in a place where vessels going up the river most usually lose their headway. Water batteries may be built on both sides of the river for protecting the chain and annoying the ships coming up the river, which will be completely commanded from the walls of the fort. There are so many passess across the mountains to this place, that it will be almost impossible for the enemy to prevent the militia from coming to the relief of the garri- son. From these considerations, the committee are led to conclude that the most proper place to obstruct the naviga- tion of the river is at West Point ; but are at the same time fully convinced that no obstructions on the banks of the river can effectually secure the country, unless a body of light troops, to consist of at least two thousand effective men, be constantly stationed in the mountains while the navigation of the river is practicable, to obstruct the enemy in their approach by land. " JNO. SLOSS HOBART, " HENRY WISNER, " JOHN HATHORN, " ZEPHA. PLATT. "Poughkeepsie,Jany. Uth, 1778." Whereas the Continental Congress in and by certain resolutions of the 22d day of November last, have recom- mended to the Legislature, or in their recess, to the execu- tive power of the respective States of New-Hampshire, Massachusetts Bay, Rhode Island and Providence Planta- tions, Connecticut, New-York, New-Jersey, Pennsylvania and Delaware, respectively to appoint commissioners to convene at New-Haven, in Connecticut, on the 15th day of January then next, in order to regulate and ascertain the price of labour, manufacture, internal produce, and manu- factures imported from foreign parts, military stores except- ed ; and also to regulate the charge of innholders : and that on report of the commissioners, each of their respec- tive Legislatures enact suitable laws as well for the en- forcing such of the regulations as they shall ratify, and ennablig such innholders to obtain the necessary supplies 1118 JOURNAL OF THE PROVINCIAL CONVENTION. as to authorize the purchasing commissaries of the army or any other person whom the Legislature may think pro- per, to take from any engrossers, forestalled, or other per- sons possessed of a large quantity of any such commodi- ties or provisions than shall be competent for the private annual consumption of their families, and who shall refuse to sell the supplies at the prices to be ascertained as afore- said, paying only such price for the same. In compliance therefore with the said recommendation, Resolved, That William Floyd, Comfort Sands, Peter T. Cuitenius and William Denning, Esquires, be and they arc hereby nominated and appointed commissioners, to at- tend at the said meeting or convention, on behalf of this State, with full power and authority to them, or a majority of such of them, as shall from time to time attend, so as there shall be at least two attending, to represent this State, to do and transact all business necessary to be done and transacted in the said meeting or Convention, on the part of this State, touching the several matters mentioned in the said resolutions, saving and reserving nevertheless to the Legislature of this State a right to ratify and adopt such of the regulations and measures to be proposed and concluded on at the said meeting or convention, as they shall deem proper and expedient. INDEX. PAGE ACCOMMODATION WITH GREAT BRITAIN. 1. Resolutions and proceedings of Provincial Congress respect- ing plan of, 20, 26, 50, 52 to 54, 58 2. Letter to Delegates in Continental Congress respecting, 59 3. Answer of, 73 ACCOUNTS. (See Auditor-General.) 1. Appointments of committee to audit, 62, 116, 206, 316, 351, 450, 528 2. Letter to Gen. Schuyler relative to duties of pay-master in au- diting ani! allowing, 245 3. Colonial and Provincial, directed to be separately kept and distinguished, 253 4. Appointment of Evert Bancker as auditor of, instead of John Ray, 316 5. Certificate of committee of pay table relative to accounts of Peter Curtenius, 506 6. Appointment of Comfort Sands as Auditor-General, 540 7. Resolutions of Convention directing a settlement of, with the United States, 636 8. Letter from John Gibson, Auditor-General, requesting that the public accounts of this State be transmitted to commis- sioners for adjusting, &c. at Philadelphia, 733 9. Letter from John Gibson, Auditor-General, requesting ac- counts in the northern department to be laid before com- missioners at Albany, 733 10. Answer of Committee of Safety, 739 11. Letter from Secretary of War, requesting an account of ex- penses of prisoners of war, 983 ACT OF GRACE. (See Resolutions of Convention, 114, 116.) 1. Ordinance of Convention, offering a free pardon to persons guilty of treasonable acts against the State, on their taking the oath of allegiance 920, 921 2. Proceedings of Convention and pardons granted under such ordinance, 933, 935, 937, 939, 940, 945, 950, 952, 958, 963, 965, 978, 983, 984, 992, 996, 1002, 1020, 1021, 1070, 1074, 1080, 1083, 1092, 1093, 1105, 1108. 3. Resolution of Council of Safety, declaring a violation of the oath of allegiance taken under, felony, without benefit of clergy, 1040 ADAMS, JOHN. (See Continental Congress, 81.) ADAMS, WILLIAM. 1. Appointment of as surgeon in Col. William Malcom's regi- ment of militia, 518 ADJUTANTS 1. Appointments of, for several regiments, 62, 99, 135, 139, 158 ADJUTANT-GENERAL. 1. Appointment of Horatio Gates as, with rank of brigadier-ge- neral, 63 (See Reid, Joseph.) ADMIRALTY, HIGH COURT OF. 1. Appointment of Richard Morris as judge, John McKesson, register, and Robert Benson, marshal and provost-marshal of, 550 2. Declension of Richard Morris, and appointment of Lewis Graham as judge of, 554, 556 3. Commission of judge of, 556 ALBANY CITY AND COUNTY. 1 Names and credentials of Deputies from city and county of, to first Provincial Convention, 1, 2 2. Names and credentials of Deputies from city and county of, to first Provincial Congress, 7, 93 3. Letter from committee of, to Provincial Congress, respecting 19. 20. 21. .)-> 23. 24. 25. 26. 27. 28. PAGE. ALBANY CITY AND COUNTY— Continued. disposition and proceedings of Col. Johnson and the Mo- hawk and Oneida Indians ; relative to the fortifications at Ticonderoga and the south end of Lake George, and other matters respecting the public defence, 23, 24 List of documents accompanying, 24 Answer of Provincial Congress to, 25 . Letter from Provincial to Continental Congress, enclosing, . . 24 Letter from committee of to Provincial Congress, respecting provisions and supplies for forces sent to Ticonderoga, and prisoners taken from St. Johns, and praying instructions,. 29 Certain powder to be sent to commissariat at, 30 Letter from Provincial Congress to committee of, respecting the raising, enlistment and pay of troops ; directing said troops to join the forces at Ticonderoga ; and respecting troops taken at St. Johns, 31 Return of John N. Bleecker, of provisions and stores received at, from New-York, and of the quantity sent to Lake George, 44, 45 Letter from John Bay, secretary of committee for transmit- ting communication from Rev. Samuel Kirkland, respect- ing proceedings of Col. Guy Johnson and Oneida Indians,. 49 Letter from committee of, communicating information of hos- tile proceedings of the French Caghnawaga Indians, in Ca- nada, and of their encouragement by the Governor of Mon- treal ; and relative to the condition of the troops at Crown- Point, 54. 55 Letter from Provincial Congress to John N. Bleecker and others, agents at, to deliver up provisions and supplies to Elisha Phelps, appointed commissary for the troops on Lake Champlain, 61 Letter from Provincial Congress to committee of, relative to supply of powder for the forts of Ticonderoga and Crown- Point, sent from Philadelphia by Continental Congress, . . 64 Appointment of members of committee of safety for, 70 Letters from John N. Bleecker, respecting delivery of provi- sions and stores to Elisha Phelps, commissary, and ac- counts, &c 74, 95 Letter from Committee of Safety to chairman of committee of, accompanying transmission of gunpowder sent from Philadelphia, for use of troops at Ticonderoga, 82 Letter from Robert Yates, transmitting sundry papers relat- ing to Indian affairs, 95 (See Indian Affairs, 5.) Speech of four Oneida chiefs to committee at, 95 Speech of inhabitants of, drawn up by committee, spoken at the German Flatts to Oneida Indians, ,. . 95 Answer of Oneidas and Tuscaroras, 95 Letter from Abraham Yates, Jr. Esq. chairman of committee of, relative to George Sullivan, and covering copy of let- ter from Gen. Wooster to Col. Waterbury, relating to the same person, 101 Embarkation of 4 companies of Col. McDougalPs regiment, under Lieut. Col. Ritzema, for, 103 Cols. McDougall, Clinton and Holmes, directed to proceed to, with the men under their command, 105 Examination before sub-committee of, of Gerrit Roseboom and Benjamin Davis, (alias John Johnson,) relative to In- dian affairs, •• 106 Letter from committee of, respecting supply of provisions for prisoners taken at St. Johns, and answer of Provincial Congress, 112, 113 Resolution of committee of, and draft on Provincial Congress for £1,000, for defraying expenses and discharging debts of, and order on Treasurer for payment of draft, 116 Letters from Abraham Yates, chairman of committee of,. . . . 126 1120 INDEX. ALBANY CITY AND COUNTY— Continued. 29. Letter to Abraham Yates, chairman of committee of, respect- ing the case of White, late sheriff of Tryon county, Boon and Clement, Conner, and Indians aiding in their escape, . 127 30. Letter from, requesting military supplies lor the men under the command of Col. Van Cortlandt, encamped at, 137 81. Provision for gunpowder for committee of, 154 32. Order for repair, &.c. of barracks at, for reception of Conti- nental troops; letter covering, 162, 166 33. Petitions and papers in the case of Alexander AVhite, late sheriff of Tryon county, referred to committee of, 167 34. Letter to committee of, respecting transmission of powder for use of Gen. Schuyler, 169 35. Letter from Volckert P. JDouw, transmitting copy of the jour- nal and proceedings of the Indians sent by the commission- ers of Indian affairs to the Caughnawagas, to acquaint them with the ti eaty between the commissioners and the Six Nations, 1 169 3G. Letter to committee of, respecting imprisonment and kind treatment of French prisoners from Canada, 175 37. Letter from chairman of committee of, respecting the erec- tion of barracks at, and draft for expenses of, 176 3S. Requisition for repairs of, 176 39. Letter to committee of, requesting the transmission of pow- der to Gen. Schuyler, 178 40. Letter to Walter Livingston, deputy commissary-general at, relating to accounts of ferrymen, 179 41. Names and credentials of Deputies from, to second Provincial Congress, 205, 393 42. Letter to committee of, accompanying the transmission of powder to Gen. Schuyler, on receipt of intelligence of the repulse of the Continental troops at Quebec, and distur- bances in Tryon county, 256 43. Re arrangement of regiments of militia in, 313, 314 44. Letter from Gen. Schuyler to committee of, respecting the raising of the Canadian regiment of Col. Van Schaick, . . . 316 45. Return of officers of company of minute men at Saratoga, in, 316 46. Resolutions of committee of, transmitted to Provincial Con- gress, recommending Thomas Williams, Jr. for quarter- master, and Peter A. Fonda for adjutant of regiment for Continental service in Albany, Tryon and Charlotte coun- ties, 366 47. Letter from committee of Kings district, in, recommending Thaddeus Noble as a gunsmith, and answer of Committee of Safety, 418, 421 48. Letter from chairman of committee of, transmitting list of of- ficers recruiting in, and the number of men enlisted : order of Committee of Safety annexing companies to Col. Wyn- koop's regiment, and answer of Committee of Safety,. . 424, 425 49. Names and credential of Deputies from, to third Provincial Congress, 448 50. Examination of Martin Beebe relative to designs and pro- ceedings of tories and disaffected persons in Kings district, in, 455 51. Examination of Asa Douglass, ; 458 52. Committee of examination requested to communicate proceed- ings against sundry inhabitants of, sent prisoners to Hart- ford, in Connecticut, 507 43. Resolution of Convention for the organization, pay and sub- sistence of a company, to guard the stores and vessels with provisions and ammunition in, 539 54. Resolution of Convention for the drafting, organization, pay and subsistence of one-fifth of the militia of, and their marching to the encampment northward of Kings Bridge, 566 55. Letter from chairman of committee of, to Convention, relative to the contemplated resignation of Gen. Schuyler, 635 56. Information relative to conduct of sundry disaffected persons in Claverack and Livingston manor, 666, 671 57. Organization and officers of company in, for the detection and suppression of conspiracies, 666 58. Letter from Committee of Safety to chairman of committee of Livingston manor, respecting the necessary measures to be adopted for the safety of inhabitants thereof, 672 59. Letter from Jacobus Lansing, Jr. setting forth the defenceless state of the city of, and suggesting the propriety of ereeting fortifications and supplying the same with guns 681 60. Requisition on Treasurer in favour of committee of, for pay- ment of bounties and pay due company of rangers raised in, for the protection of the frontiers, 687, 693 61. Letter from committee of, representing the prevalence of dis- affection in, and requesting aid and assistance, 687 62. Letter from Committee of Safety to committee of, respecting the purchase of flour for the use of the troops, 688 63. Letter from Committee of Safety to committees of arrange- ment and conference, &c. at, 692, 693 64. Letter from chairman of committee of arrangement and con- ference at, relative to the condition of the army at Sara- toga, and the disposition of the inhabitants of the county of, &e 694, 695 65. Letter from John Tayler, Esq. at, enclosing a notification, signed by Mr. Matthew, town clerk, dated at New-Marlbo- rough, requesting a meeting of the inhabitants relative to their revolting from New- York, 699 66. Report of committee appointed to co-operate with Gen. Schuy- ler in the defence of the northern and western frontier ; proceedings of the committee for the apprehension and pu- nishment of disaffected persons in, 699, 700 to 705 PAGE. ALBANY CITY AND COUNTY — Continued. 67. Resolution of Committee of Safety, ordering portions of mili- tia of, to repair to Fishkill, for the purpose of aiding in the erection of barracks for the use of the troops 707 68. Petition of committee and inhabitants of King's district, for the appointment of field officers from their own district; report thereon, 755 69. Report of committee on the petition of the committee of the manor of Rensselaerwyck, Claverack and King's district, in, praying for the removal of sundry field officers and the appointment of others in their places ; proceedings thereon, 773 70. Resolution of committee of, for draft on Convention for £2,000 ; requisition on Treasurer in favour of, 799, 800 71. Letter to committee of, respecting proposed obstructions to the navigation of Hudson's river, 851 (See Van Alen, John.) 72. Letter from Convention to committee of, directing the appre- hension and confinement of Maj. William Edmondson, a British officer on parol, 857 73. Resolutions of Convention relative to the engrossment and monopoly of boards in 864 74. Letter from committee of, transmitting affidavits, &c. relative to a dangerous conspiracy of a number of disaffected per- sons in, and forwarding John Munro as a prisoner, 876 75. Letter from Col. Robert Van Rensselaer, transmitting infor- mation of an insurrection of the tories in Ballstown, and of the organization of a regiment of royal volunteers in the county of, under the command of Huetson ; directions to the commanding officer of the militia of, to call a court martial for the trial of the criminals, 889 76. Letter from committee of, relative to disaffected persons in that county, 890, 891 77. Election of judges of inferior court of county of, 912, 917 78. Appointment of Henry I. Wendell, sheriff, and Leonard Gansevoort, clerk of said county, 912, 917 (See resolutions of Convention, 137.) 79. Resolution of Convention, authorizing committee of to pre- pare vessels in Hudson's river for reception of prisoners, . 927 80. Requisition on Treasurer for loan to committee of, 930 81. Letter from committee of, enclosing a (list of prisoners too dangerous and troublesome to be confined in the jail at ; disposition of said prisoners by Council of Safety, 964 82. Resolutions of Council, accepting the resignation of commis- sioners of sequestration heretofore appointed in, and ap- pointing others, 967, 968 83. Resolutions of, Council, directing committee of to send pri- soners in, to Fleet prison, at Esopus, 988 (See Rangers, 16.) 84. Letter from chairman of committee of, relative to the destruc- tion of a quantity of tea, purchased by James Caldwell and John Maley, inhabitants of; resolutions of Council of Safety thereon, 1008, 1010 85. Letter from Council to committee of, relative to the appre- hensions of the settlers of Schoharie, of an attack from the Indians, , 1011 86. Answer of committee and reply of Council, 1017, 1018 87. Letter from committee of, to Council, informing of the ap- proach of the enemy to Fort Schuyler, and requesting as- sistance ; also transmitting copies of letters from Col. Gansevoort to Col. Van Schaack, and from Thomas Spen- cer, at Oneida, relative to the disposition of the Indians ; answer of Council, 1024, 1025 88. Letter from committee of, informing of the arrival of the enemy at Fort Edward, and the retreat of the Continental army to Saratoga, and requesting the presence of the Coun- cil of Safety at ; answer of Council, 1025 89. Letter from committee of, relative to the prevalence of disaffection in, and the condition of. &c. enclosing a letter from Adam Fonda respecting a contest with the Indians at Oneida creek, together with a list of the dead and wounded, 1034 90. Letter from committee of, relative to the gloomy condition of affairs in, and transmitting a letter from chairman of committee at German Flatts, and the deposition of Adam Helmer, relative to a battle fought near Fort Schuyler, 1037, 1038 91. Resolution of Council of Safety for the removal of the records of, to Rochester, in Ulster county, 1066 92. Letter from chairman of committee of, containing an account of the capitulation of Gen. Burgoyne and his army, 1070 93. Letter from chairman of committee of, requesting a loan ; an- swer of Council of Safety, 1073 94. Letter from Council of Safety to committee of, respecting provision for the security of the public records at; answer of committee, 1° 77 > 1083 95. Letter from committee of Claverack district in, respecting sei- zure of the effects of disaffected persons in ; confirmation by Council of Safety thereof, 1<>'9> 1080 96. Letter from committee of, respecting abuses in the purchase of grain, by forestalling and monopolizing, 1107, 1108 ALGER, WILLIAM B. 1. Appointment of, as 2d lieutenant in Capt. Jacobus Rose- krans' company, •• • J1 " 2. Appointment of, as pay-master in Col. Cornelius Humphrey's regiment of volunteers, 7 ' * INDEX. 1121 PAGE. ALLEN, CAPT. HEM AN. 1. Letter from James Duane, Esq. chairman of the superinten- dents of the Continental treasury, respecting settlement of accounts of, for services in the New- York battalions 452 ALLEN, ETHAN. 1. Receipt of letters from, at Crpwn-Point, 43 2. Admitted to an audience, before the Provincial Congress,. . . 65 3. Advance of money to, on request of Gen. Schuyler, by Pro- vincial Congress, for services rendered in the reduction of Ticonderoga, 66 4. Letter from, assuring of his influence to promote a reconci- liation with the settlers on New-Hampshire Grants, 107 ALLEN, HENRY. 1. Choice of as 1st lieutenant in Capt. John Sands' company, in Qeeens county, 173 ALLICOCK, JOSEPH (See Intercepted Letters, 6.) 1. Examination of, relative to furnishing supplies and provisions to Capt. Melancton Lawrence, for the armed sloop under his command, and for other vessels, 122 ALSOP, JOHN. 1. Letter from Provincial Congress to, relative to purchase of blankets, 60 2. Answer from, 68 ALSOP, JOHN. 1. Letter from, resigning his seat as a Delegate in Congress, and acceptance by Convention of such resignation, 536 2. Letter from Convention to Delegates in Congress, communi- cating such resignation, 537 "AMERICAN CRISIS." 1. Copy of, transmitted by John Hobart and Jonathan Landon to Committee of Safety, and ordered to be reprinted, 756 2. One thousand copies of second number ordered for use of Committee of Safety, and for distribution among the inha- bitants of the State, 804 ANONYMOUS LETTERS. 1. From Philadelphia to Provincial Congress, giving information of the probable destruction of the city of New-York, and offering to construct fire vessels for defence of, 200 2. To Robert G. Livingston, 760 APPRENTICES AND SERVANTS. 1. Letter from Gen. Wooster relative to enlistments of, in Con- necticut troops, and who were afterwards reclaimed by their masters in New- York, and resolutions of Provincial Congress respecting, 68 2. Resolution of Continental Congress, prohibiting the enlist- ment of, on board the fleet or in the army of the United Colonies, without consent of their masters, 266 ARDEN, JAMES. 1. Petition of, for relief, 21 ARDEN, THOMAS, Jr. (See Ships and Vessels, 4.) ARMORY. 1. Order for establishment of, at or near Fishkill, 784 2. Report of committee relative thereto, 807 3. Requisition on Treasurer for, 807 ARMS AND AMMUNITION. 1. Resolution of Provincial Congress, for defraying expenses of Henry Watkeys, a gunsmith, on a journey to New- Wind- sor, to consult with Mr. Robert Boyd about forging of gun barrels and making of muskets, 30 2. Letter from Delegates in Continental Congress, respecting supplies of, for defence of garrison at Ticonderoga, 39 (See Artillery, Military Stores.) (See Colonial Troops, 7.) (See New- York City, 20, Cannon, Ticonderoga and Crown-Point.) 3. List of cannon and stores taken from Ticonderoga, 22, 23 4. Letter from Delegates in Continental Congress, respecting provisions for, 93 5. Resolution directing the several committees and sub-commit- tees to purchase or hire, for use of Continental army,. . . . 103 6. Pouches, belts, bayonets and slings, directed to be made for colonial regiments, 105 7. Contract with Joseph Hallett, Jr. for importation of, 129 8. Appointment of committee to employ and despatch vessels for purchase of, and appropriation for, 145, 148, 212 (See Resolutions of Provincial Congress, 58.) (See Continental Congress, 85.) (See Cannon, Artillery.) 9. Report of committee and proceedings thereon, 232,278, 279 10. Resolutions of Provincial Congress, for the encouragement of manufactories for 365, 366 11. Resolutions of Provincial Congress for supply of arms to the troops, 426 12. Resolutions of Provincial Congress for purchase of arms, from discharged privates of the Continental brigade, 498 13. Resolution for establishment of an armory, at or near Fish- kill, and for the purchase of arms and accoutrements,. 784, 785 ARNOLD, BENEDICT. 1. Letter from, to Governor of Connecticut respecting defence of Ticonderoga and Crown-Point, 17 2. Letter from, to President of Provincial Congress of Massa- chusetts Bay, on the same subject, 22, 23 3. Capture of detachment of, at Quebec, 286, 287 4. Letter from, to General Schuyler, giving a particular account 281 PAGE. ARNOLD BENEDICT— Continued. of the action on Lake Champlain, between the British and American fleet, 680, 681 5. Letter from, to General Gates, informing of his march to German Flatts, and of the raising of the seige of Fort Schuyler, 1049 ARRANGEMENT OF TROOPS. 1. Proceedings of Provincial Congress respecting, 55,56, 57,59, 62, 69, 84, 97, 103, 104, 109, 114 to 116 (See Battalions, Militia.) 2. Militia bill, 114 to 116 ARTICLES OF CONFEDERATION. 1. Ratification by the Legislature of Virginia, 1116 ARTIFICERS. 1. List of, directed by Provincial Congress to be forwarded to Ticonderoga, 32 2. Appointment of committee to procure from Great Britain, for making gun locks, 67 3. Agreement with Thomas Blockley, for importation of, 80 4. Letter from General Lee to Provincial Congress, and recom- mending the establishment of a company of, proceedings of Provincial Congress therein, 298, 302 5. Appointment of Anthony Post as captain of company of, 302 6. Provision for barrack furniture for, 377 ARTILLERY. (See Cannon.) 1. Proceedings respecting removal of, from Ticonderoga to South end of Lake George, 9, 10, 11, 12 (See Lamb, John.) (See Schuyler, Philip, 24.) (See Byers, James.) 2. Appropriation to defray expense of removal of, from New- York to King's Bridge, 145 (See New- York City and County, 139, 141.) ARTILLERY COMPANIES. 1. Organization of Captain Anthony Rutger's company, from Marine Society of city of New- York, 41 2. Officers of, confirmed by Provincial Congress, 66 3. Pay of, and company ordered to form part of Colonel McDou- gall's regiment, Ill 4. Appointment of Anthony Griffith as commissary to purchase shares for, 195 5. Resolutions of Provincial Congress for the organization of, for defence of Colony, 239 6. Resolution of Provincial Congress for organization of, for the safety and defence of Suffolk county, and for protec- tion of Continental cruisers in the Sound, and to be con- sidered in all respects as minute men, 239 7. Appointment of John Grennell, as captain of, and of officers of said company, 262,365 8. List of officers of, in Suffolk county, 284 9. Appointment of James Moore, as captain lieutenant of artil- lery, 327 10 Appointment of Sebastian Beaumanas captain of Continental company of, 392 ASH, THOMAS. (See Intercepted Letter, 4.) ASIA, SHIP. 1. Provisions and supplies granted for use of, 15, 48 2. Proceedings of Committee of Safety in the case of Peter Herring, charged with assisting in conveying prisoner on board of, 71 3. Complaint of captain of, relative to the detention of part of boat's crew of, as prisoners in General Wooster's camp ; ap- pointment of committee and letter to Gen. Wooster, 77 4. Order of Committee of Safety on receiving information of the attack upon and destruction of such boat, 77, 78 5. Approbation of conduct of civil magistrates in ordering the building of a new boat to replace the same, 81 6. Information communicated to Provincial Congress of destruc- tion of boat built by order of Committee of Safety, and pro- ceedings and resolutions therein, 97, 98, 102, 103, 104, 108, 109, 110 7. Letter from George Vandeput, captain of, relative to attack by, on certain individuals engaged in taking the guns from the battery, and appointment of committee thereon, 118 8. Affidavits relative to such attack, 120 9. Preamble and resolutions of Provincial Congress respecting, 126 10. Arrangements for weekly supplies of provision for, 129 11. Permission to Dr. McCIean to supply, with drugs and medi- cines, 138 12. Captain of. required to discharge William Becker, a citizen of New-York, confined in irons on board of, 143 13. Order of Committee of Safety for arrest of Lawrence Hart- wick, on charge of betraying the trust reposed in him by Lieut. Edward Tylee, an officer of the Continental army, a prisoner on board of, 241 14. Negotiations with Captain Vandeput of, for the exchange of Lieut. Tylee, 253 15. Permission for interment of body of purser of, in Trinity church yard, 264 16. Permission to Wm. Allen, cordwainer, to make shoes to be carried on board of, 261 17. Correspondence between Committee of Safety, and commit- tee of the city of New- York, respecting supply of provi- sions for, &c 285 1122 INDEX. PAGE. ASIA, SHIP— Continued. 18. Permission to Henry While, to supply with provisions, &e . . 303 19. Permission to John Carpenter, to obtain security for a debt due to him, 309, 310 20. Permission to Samuel Lowdon, to recover a servant, 319 21. Examination of John Vorhis, respecting proceedings of cap- tain of, in intercepting cargo of provisions, ftc 323 22. Letter from* Committee of Safety to Gen. Washington, re- questing the exchange of prisoners on board of, 409 23. Examination of Edward Tylee, a prisoner on board of, 410 ASSEMBLY. 1. Proceedings of Convention in framing a constitution relative to, 884, 885, 886, 887 ASSESSORS. (See County Committees, 4.) (See Town Committees, 4.) ASSESSORS. 1. Resolution directing the election of, in the several towns, ... 818 ATTAINDER. 1. Proceedings of Convention in framing a constitution relative to acts of, 882 ATTORNEY-GENERAL. 1. Election of Egbert Benson as, 910 AUDITOR-GENERAL. (See Sands, Comfort.) (See Gibson, John.) B. BACHE, THEOPHALACT. I. Intercepted letter from, to Major Moncreif, at Boston; order- ed to appear before Committee of Safety, 141, 142 BAILEY, JOHN, Jr. 1. Appointment of, as lieutenant-colonel of regiment of minute men in Dutchess county, 135 2. Appointment of, as lieutenant-colonel of regiment of levies detached from Albany, Ulster, Dutchess and Orange coun- ties, for the reinforcement of the forts at the Highlands,. . 614 BAKER, BENJAMIN. 1. Letters from, respecting the making of saltpetre, and com- mittee appointed to confer with ; proceedings of Provincial Congress therein, 167, 196 BALDWIN, CAPTAIN ALEXANDER. (See Rangers, 8.) Requisition on treasurer, in favor of, for pay and subsistence for company of rangers, 826 BALTIMORE. (See Maryland.) 1. BAMPER, JACOB. Petition of, for appointment to some office in Colonial regi- ments, 87 BANCKER, GIRARD, (Barrack Master.) 1. Directed to deliver beds, blankets, &.c. in his custody to Colo- nel McDougall, 67, 68 2. Appointment of, as deputy treasurer, 246 3. Appointment of, as vice-treasurer, 774 4. Directed to advance £20,000 to General Schuyler for the pub- lic service, 775 5. Receipt from Comfort Sands, by, of pay rolls and other ac- counts of moneys paid by him to the militia of the coun- ties of Dutchess and Westchester, 902 BARCLAY, THOMAS 1. Resolution of Committee of Safety for disposition of personal estate of, 721 BARD, DR. SAMUEL. 1. Communication from, to Committee of Safety respecting at- tendance of, upon sick mariners belonging to British ships, and resolutions of committee approving thereof, 77 BARKER, WILLIAM. 1. Appointment of, as major of second regiment of militia in Dutchess county, 528 BARRACK MASTER. (See Roorback, Garret.) BARTILL, PHILIP, i. Resignation of, as ensign in Colonel Robert Van Rensselaer's eighth regiment of militia, 772 BARTOW, THEODORUS. 1. Appointment of, as commissary to troops in Westchester county, on the Sound ; and requisition on the treasurer in favor of, 598 62 BATTALIONS, ARRANGEMENT OF. 1 New-York regiment, to be first regiment, officers of, 2 Col. Roseboom's second regiment; officers of, 62 3' Col. Clinton's third regiment ; officers of. 62 i' Col- Holmes' fourth regiment; officers of, °f (See New-York Battalions.) BATTEAUX. 1. Directed to be furnished for lakes, &.c *W BATTERIES. . . 1. Resolutions of the Continental Congress, respecting the ercc- PAGE. BATTERIES— Continued. tion of, at the Highlands on each side of the Hudson river, for the obstruction of the navigation, 15 Appointment of Committee of Provincial Congress, to exam- ine and report thereon, 20 Report thereon 38 40 Resolution of Continental Congress respecting employment of troops for erection of, 47 BATTERY. (See New-York city, 43, 44.) BAYARD, COLONEL WILLIAM. Letter from, complaining that his house is surrounded by armed men of the levies; appointment of committee to in- quire into, and if necessary, to discharge such troops,. ... 117 BAYARD, SAMUEL, Jr. (See Records, 1, 3, 4, 6, 7.) BAYLEY, JACOB. (See Gloucester County, 1,2, 11.) Appointment of, as brigade general of the militia of the counties of Gloucester and Cumberland, 551, 552 Report of committee, and resolution for payment of compa- ny of, 837,841 (See Rangers, 14.) BAYLIES JOHN. (See Suffolk County, 14.) BEACONS. Recommendation for erection of, 177 BEAUMAN, SEBASTIAN. Appointed captain of Continental company of artillery,.... 392 BECKER, WILLIAM. (See Asia, Ship, 12.) (See New-York City, &c. 56.) BELKNAP, ISAAC. Appointment of, as quarter-master, Ulster county militia,. . . 135 Resolution of Provincial Congress, recommending to first sui- table vacancy in the militia or minute men, in the southern part of the county of Ulster, in consequence of omission through mistake to insert name of, in commission as quar- ter-master, 223 Chairman of committee of Ulster county, directed to pay bounty of company of rangers commanded by, 698 Requisition on treasurer in favor of, for pay of company of rangers, 728,790,870 Report of, relative to escape of Captain Phineas Ford,. . 764,765 Company of rangers of, placed under command of Brigadier- General George Clinton, 813 Order for disbandment of company of, 949 BELL, ALEXANDER. Baggage and papers of, directed to be searched, 129 Delivered to committee of New-York city, 129, 138 Directed to appear before Committee of Safety ; reprimanded and discharged, 153 BELLINGER, COL. PETER. Place of rendezvous of regiment of, in Tryon county ; and list of officers of, 378 BELLOWS, JONAS. Appointment of, as second lieutenant, in Cornwall precinct, in place of Stephen Howell, declined, 76 BEMUS, DAVID. (See Ships and Vessels, 4.) BENEDICT, CAPTAIN ELISHA. Letter from, respecting appointment of lieutenants; and answer of Committee of Safety 84 BENEDICT, JOSEPH. Appointment of, as captain, in place of Samuel Cannon, .... 91 BENNINGTON, BATTLE OF. (See Vermont, 5, 6.) (See Clinton, George, 48.) (See Continental Congress, 248.) BENSON, EGBERT. (See Dutchess County, 6.) Appointment of, as Attorney-General, 910 BENSON, ROBERT. Requisition on Treasurer for payment of, for services as Se- cretary of Provincial Congress, 441 Elected Secretary of Provincial Congress, 205, 448, 515 Appointment of, as marshal, and provost marshal of the high court of admiralty 550 Appointment of, as commissary for prisoners of war, 581 BENSON, SAMPSON. Chosen captain for beat No. 29, 150 BERMUDA. Resolutions of Continental Congress, respecting exportation of American produce to island of, 218, 219 BERRIEN, JOHN. Appointment of, as commissary for agents, for building forti- fications at the Highlands 130 (See Highlands, 6, 20, 31, 44.) BETHUNE, GEORGE. Arrest of, together with the letters and papers directed, on suspicion of traitorous correspondence with British troops, 142, 143 Examination of letters and papers of, • • • • • 144 Letter to Delegates in Congress, for the Colony of Massa- chusetts Bay, respecting 144 > 145 INDEX. 1123 PAGE. BETHUNE, GEORGE— Continued. 4. Resolution of Provincial Congress, declaring the evidence be- fore Committee of Safety insufficient to warrant arrest of, 176 BEVIER, DAVID. 1. Appointment of, as adjutant Ulster county militia, 135 BEVIER, PHILIP DUBOIS. I. Appointment of, as first lieutenant in Captain Robert John- son's company, in place of Martinus Goetchius, declined, 110 BICKER, VICTOR, Jr. 1. Nomination of, as lieutenant of marines for Continental ship Congress ; and direction to enlist thirty marines for the purpose of guarding ships Congress and Montgomer. . .y, 734 BILLETING MONEY. 1. Letter from Committee of Safety, to Delegation in Conti- nental Congress, respecting payment of, to troops at the Highlands, and to officers of New-York battalions, . . . 245, 246 BILLINGS, CAPTAIN ANDREW. 1. Letter from, informing of the enlistment of seventy-two men, 75 2. Ordered to join Colonel Clinton's regiment, 75 3. Muster roll of, returned and filed, 112 4. Letter from Colonel Jacobus Swartwout to Provincial Con- gress, respecting admission, of temporarily into his regi- ment; and direction of Provincial Congress to, 308 5. Requisition on Treasurer in favor of, for payment of his men 392 6. Appointment of, as captain in Colonel Ritzema's regiment,. . 405 7- Appointment of subaltern officers of, 417 8. Letter from Committee of Safety to, respecting disposition of arms found in out ward of the city of New-York, 417 BILL OF RIGHTS. (See Government, 3.) 1. Proceedings of Convention in settling, 869 BILLS OF CREDIT. 1. Resolutions of Provincial Congress for the emission of, to the amount of £45,000, or $112,500, to defray public ex- pences ; provisions for issuing, and for redemption ; and quotas of the several counties, 128, 133, 134 (See Continental Currency.) (See Colonial Paper Currency,) (See Counterfeiting.) 2. Resolution of Convention for the emission of, form of, .. 540, 571 3. Report of Isaac Roosevelt, Esq. to whom was committed the care and management of getting plates engraved for, 560 4. Resolutions of Convention respecting, .' 560 5. Receipt of Treasurer therefor, 560 6. Resolution of Convention pledging the credit of the State for the redemption of, 571 7. Resolution of Convention imposing the punishment of death for counterfeiting, 571, 572 8. Resolution of Committee of Safety pending, for the appre- hension and confinement of persons charged with altering or counterfeiting, 734 9. Resolutions of Continental Congress, for preventing the de- preciation of; and recommending the enactment of laws for punishing all persons refusing to receive the same at their nominal value, for making them a legal tender in pay- ment of debts, for providing a sinking fund for their re- demption ; and directing their receipt by commissioners of the loan office, 789, 790 10. Appointment of committee to report an ordinance to prevent the depreciation of, &c 795 11. Resolutions of Committee of Safety, declaring payment in, to be a legal tender, and authorizing payment to be made into the treasury, on refusal of creditors to receive, 819 12. Letter from John Sloss Hobart, transmitting amount of, issu- ed and in circulation in New-York, and the several New- England Slates, 1029, 1030 BIRDSALL, COLONEL BENJAMIN. 1. Directed to take command of company of troops raised by draft from the militia on Nassau island, 534 2. Resolution of Convention recommending permission to, for the removal of his wife and family from Long Island,. . . . 873 BLACKSMITHS. (See New-York, 28.) (See Gun Barrels, 2.) BLACKWELL, COLONEL JACOB. 1. Letter from Provincial Congress, to transmitting intelligence from General Wooster, relative to movement of the British troops, and directing disposition of troops of, at New- town, &c 126 BLAKE, JONATHAN. (See Ustich, William.) BLANKETS. (See Provision and Supplies, Clothing.) (See Alsop, John.) BLAUTER, JACOB, Jr. 1. Appointment of, as ensign in the eighth regiment of militia, whereof of Robert Van Rensselaer, Jr. is colonel, in place of Philip Bartill, resigned, 772 BLEECKER, JOHN, N. (See Provisions and Stores, 8. Albany 10, 13. 16.) 1. Letters from, with accounts enclosed, ' 74, 95 PAGE BLEECKER LEONARD. 1. Commission to, as first lieutenant of Captain Johnson's com- pany, in Colonel McDougall's regiment, 440 BLOCKLEY, THOMAS. 1. Articles of agreement with, for importation of artificers for making gun locks, 80,81 BOARD OF WAR. 1. Letter from Richard Peters, Esq. Secretary of, to Council of Safety, transmitting resolutions of Congress, relative to the rank of officers of the army, and requesting lists of such officers appointed by the State, 983, 984 2. Letter from Richard Peters, Esq. requesting an account of moneys expended on prisoners of war, 983 BOSTON. (See Massachusetts Bay.) BOSTWICK, ANDREW. 1. Petition of, for release from confinement as an insolvent debtor, and resolution of Convention thereon, 688 BOUNDARIES OF THE STATE. 1. Appointment of committee to ascertain and report, 819 BOUNTY. 1. Resolution of Provincial Congress, offering a bounty for the manufacture of gunpowder, 36 2. Resolution of Provincial Congress, offering a bounty of ten shillings to each soldier for enlistment in the Colonial troops, 67 3. Resolution of Provincial Congress, offering a bounty of one dollar to officers, for each enlistment, 96 4. Resolutions of Continental Congress, respecting the raising of, for troops enlisted for the defence of Canada, 265 5. Resolution of Convention, relative to troops ordered out for public service, from the militia of the counties of West- chester, Dutchess, Orange and Ulster, 525, 532 (See Rangers, 2.) 6. Resolution of Continental Congress, providing for the pay- ment of, to officers and privates enlisting during the war, 653, 654 (See Bounty Lands.) (See Gansevoort, Peter, 1.) (See Van Cortlandt, Philip.) 7. Vote of Convention, refusing hereafer to, 864 BOUNTY, LANDS. 1. Resolutions of Congress, making provision for granting to of- ficers and privates serving during the war, 653, 654 BOWER, LIEUTENANT JACOB. 1. Requisition on vreasurer in favor of, for pay and subsistence for company of, raised in the county of Albany, 780 BOYD, ROBERT. (See Gun Barrels, 1.) (See Resolutions of Provincial Congress, 14.) 1. Letter from, respecting making of muskets, 39 2. Agreement of Provincial Congress with, 41, 62 3. Letter from Provincial Congress to, respecting, 45 4. Proposals of, to Provincial Congress, and appointment of committee to contract with, 51 5. Report of, and proceedings thereon, 55 6. Agreement with, 62, 63 7. Letter from, respecting sending of gun barrels, 156 8. Letter to, from Provincial Congress, respecting completion of contract with, &c 294 9. Letter from, respecting continuance of his contract, 294, 328 BRADT, JOHN A. 1. Requisition on treasurer in favor of, for pay and subsistence for company of rangers of, in Albany county, 766, 879 2. Petition of, for commissions to himself and his subalterns, and for necessary clothing for his company, &c 767 BRANT, JOSEPH. 1. Letter from chairman of committee of Dutchess county, in- forming of apprehension, &c. of, 202 2. Resolution of Committee of Safety for apprehension of; and recommending John Harper of Tryon county, to General Schuyler, as a proper person to be entrusted with this duty, 800 3. Information of arrival of, with a number of Indians, at One- hoghquaga and Unadilla, 96g 4. Interview between, and General Herkimer, at Unadilla, . . 996,997 BRIGADE-MAJOR. 1. Resolution of Continental Congress, recommending nomina- tion of person by Provincial Congress for appointment as, &c 84, 89 2. Letter from Delegates in Continental Congress, recommend- ing appointment of Morgan Lewis, as, 90 (See Deputy Adjutant-General.) (See Duer, William, 5.) (See Morris, Lewis Jr.) (See Fish, Nicholas.) (See Stevens, Simon.) BRIGADIER-GENERALS. (See Montgomery, Richard.) (See Bayley, Jacob.) 1. Appointment of, by Continental Congress, , . , . . 63 viz: 1st. Seth Pomeroy, 1124 INDEX. 134 105 99 135 PAoa. BRIGADIER GENERALS— Continued. 2nd. Richard Montgomery, 3rd. David Wooster, 4th. William Heath, 5th. Joseph Spencer, 6th. John Thomas, 7th. John Sullivan, 8th. Nathaniel Greene, Horatio Gates, Adj. Gen. with rank of Brigadier, 226 9th. George Clinton. 2. Determination of respective rank of, 229, 230 3. Resolution of Continental Congress, for the appointment of two Provincial brigadier-generals for the Canadian army, one from Massachusetts Bay and one from Connecticut ; four for the army at New-York, one from Massachusetts Bay, one from Connecticut, one from New-York, and one from New-Jersey ; and three for the flying camp in the middle States, two from Pennsylvania, and one from Ma- ryland, 482 (See Morris, Lewis.) (See Scott, John Morin.) 4. Resolutions of Convention calling upon, for a return of the state of their respective brigades, &c 550 BRITISH ARMY. (See Great Britain.) BRITISH SHIPS. (See Asia, ship.) 1. Resolution of Committee of Safety, approving of the conduct of Dr. Samuel Bard, in attending upon sick mariners on board of, 77 BROGDEN, JOHN. 1. Appointment of, as adjutant of first regiment, 62 BROOME, JOHN. 1. Vote of thanks to, for loan for public service, without inte- rest, BROOME, SAMUEL. 1. Letter from, informing of withdrawal of company of from Col. Lasher's battalion, and his readiness to join any other, . . BRUNSWICK. (See New- Jersey, 7.) BRUYN, JACOBUS. 1. Appointment of, as captain, 2. Appointment of, as quarter-master, Ulster county militia,. . . BRUYN, SEVERYN T. 1. Letter from, to Provincial Congress, declining appointment of Adjutant in Col. Thomas Palmer's regiment, with the reasons therefor, , 295 BRYSON, ROBERT. 1. Application of, to Samuel Verplanck, for sundry articles of provisions, 123 BUCHANNAN, WALTER & CO. (See Ships and Vessels, 3.) BURGOYNE, LIEUT. GEN. JOHN. 1. Letters from Committee of Safety, to Delegates in Continen- tal Congress and Gen Schuyler, respecting movements of, 79 2. Copy of proclamation of, against the revolted Provinces of America, 1005, 1006 3. Proclamation of Gen. Schuyler, in answer thereto, 1006 4. Letters from committee appointed to confer with Gen. Schuy- ler, and from Gen. Schuyler respecting proceedings of,. . . 1017 5. Information given by Francis Horsman, a prisoner of the 53rd regiment, relative to the strength of troops of, &c. . 1021 6. Arrives at Fort Edward ; retreat of Continental army to Sa- ratoga, 1025 7. Raises the seige of Fort Schuyler, 1048 8. Capitulation of, 1070 9. Letter from Council of Safety to Continental Congress, re- specting the convention with, 1075, 1076 BURR, THADDEUS, (sheriff of Fairfield county.) (See Connecticut, 21.) (See McDonald, Angus, 7.) BUSSING, ABRAHAM. 1. Chosen ensign of beat No. 29, 150 BYERS, JAMES. 1. Proposals of, for manufacture of brass fieldpieces; contract with ; committee appointed to superintend casting and prov- ing of, and requisition in favour of, 145, 148, 152, 153, 175 CAMPBELL GEORGE. (See New-York City, 21.) CANADA. 1. Resolution of Provincial Congress, and instructions to agents, &c. disapproving of incursions into, and directing the withholding of any succors or supports for such an expe- dition, 11, 12. 2. Appointment of committee to draft letter to Canadians ac- cordingly, 13 3. Address to inhabitants of, 26 4. Resolution of Continental Congress, discountenancing expe- ditions or incursions into, 5. Letter from Provincial Congress to merchants of, respecting the establishment of a mail route between New-York and Canada, and the general views of the confederated Colo- nies, 13 :!(! •in PAGE. CANADA— Continued. 6. Letter from Joseph Warren, President of Provincial Con- gress of Massachusetts Bay, respecting disposition of in- habitants of, 54 7. Letter from Gov. Trumbull, recommending James Dean, a young man lately returned from a mission among the tribes of Indians in, 73 74 8. Letter from Jacob Bayley, of Gloucester county, respecting ' dispositions of French and Indians in; and answer of Committee of Safety, 82 83 9. Letter from Gen. Schuyler respecting disposition of Indians in, and attempts to induce them to enlist with the British, 96, 111,112 10. Letter from Gen. Schuyler, respecting military operations against, and dispositions of inhabitants, 167, 168 (See Prisoners, 17.) 11. Letter from Gen. Schuyler, containing information of the sur- render of Chamblee, and the probable reduction of St. Johns, jgg 12. Letter from Gen. Schuyler, informing of the surrender of St. Johns, 200 13. Letter from Gen. Schuyler, informing of the surrender of Montreal, 201 14. Resolutions of Continental Congress relative to raising troops for defence of arrangement of, 250 15. Repulse of Continental troops at Quebec, 256 16. Resolutions of Continental Congress for raising an army for defence of, 265, 266 17. Attack on Quebec ; death of Gen. Montgomery, and capture of Col. Arnold's detachment, 286. 287 18. Information relative to condition of, communicated to Com- mittee of Safety by Col. Ritzema, 291 19. Information relative to the arrangement of troops in, com- municated by Col. Ritzema, to Provincial Congress, 326 20. Letter from Gen. Schuyler to General Lee, relative to condi- tion ot troops in, &.c 347, 348 21. Report of Committee on application of the wives of soldiers in, for advances of pay; and requisition on Treasurer for such advances, 348,351 22. Resolutions of Continental Congress for the employment of 6,000 militia, and a number of Indians, for the reinforce- ment of the army in ; respective apportionments of Massa- chusetts, New-York, Connecticut and New-Hampshire,. . . 482 CANADIANS. (See Connecticut 2. Quebec, Canada.) (See Montreal. Schuyler, Philip, 24.) CANDELL, JOHN. 1. Petition of; ordered to be brought to the bar of the House for examination, &c 127 2. Examination of witnesses against, and committment, 129 3. Petition of John McKenney for enlargement of ; and order of discharge, 135 CAUGHNAWAGA INDIANS. 1. Letter from Albany committee respecting belligerent pro- ceedings of, at Montreal, 54 2. History of embassy to, and conference of Stockbridge Indi- ans with, transmitted to Provincial Congress by Robert Yates of Albany, 95 3. History of conference with, by delegation of four warriors sent by commissioners of Indian affairs from the Six Na- tions, transmitted by Volckert P. Douw, of Albany, . . .169, 170 CANNON. (See Artillery.) 1. Letter from Nicholas Low, transmitting a pair of nine pound cannon, presented by Isaac Gouverneur, of Curacoa; and letter from Provincial Congress, accepting the same, 186 2. Directed to be marked and sent to the fort at the Highlands, 186 3. Col. McDougall directed to procure of Capt. Anthony Rut- gers, and forwarded to Gen. Washington, 240 4. Letter from Committee of Safety to Robert Livingston, re- specting the casting of, &c, 268 (See King's Bridge.) 5. Report of committee and proceedings of Provincial Congress, relative to expense, &c. of guarding, at Valentine's, 342 (See City and County of New-York, 139.) Appointment of committee to devise ways and means for ob- taining, &.c 6. 7. Appointment of commissioners, 813 796 CAPTAIN-GENERAL. (See CAPTAINS. (See Livingston, Hardenburgh, Cornelius, Horton, Jonathan, Child, Increase, Pearse, Nathan, Hyatt, Ezekiel, Hunt, Jesse, O'Hara, Henry, Allen, Heman, Schoonmaker, Petrus, Durlin, John, Smith, Melancton, Townsend, Micah, Dutcher, William, Le Dieu, Abraham, Dan, David, Washington, George.) Henry B.) Stewart, James, Deane, Gilbert, Storm, Thomas, Van Gaasbeck, Petrus, Scribner, Nathaniel, De Witt, Jacob Rutzen, Clark, William, Ludlum, William, White, George, Houston, John, Dellivan, Samuel, Baldwin, Alexander, Waldron, Adolph, Bradt, John A. Woodhull, Ebenezer, INDEX. 1125 PAGE. CAPTAINS— Continued. Salisbury, Sylvester, Hasbrouck, Elias, Pulver, Hendrick, Rosekrans, Jacobus, Ten Broeck, Leonard, Yates, Christopher P. Schoonmaker, Hendrick, Broome, Samuel, Conkey, Joshua, Wynkoop, Jacobus, Piatt, Nathaniel Hulbert, John, Fansher, William, Dubois, Lewis, Waite, Benjamin, Tryon County, 12, Sacket, Samuel, Benson, Sampson, Payne, Samuel, Smith, Philius, Billings, Andrew, Queens County, 13, Lyon, David, Thorne, Stephen, Grennel, John, Sands, John, Ledyard, Benj. Hutchins, Amos, Lamb, John, Jackson, William, Nicholson, John, Riker, Abraham, Benedict, Elisha, Davis, John, Herrick, Rufus, Strong, Selah, Griffing, Daniel, Marvin, Seth, Horton, Ambrose, Moss, Isaac, Benedict, Joseph, Demoth, Marcus, Johnston, Robert, Roos, Jacobus, Lent, Peter, Rangers, Bruyn, Jacobus, Schoonmaker, Frederick, Denton, Daniel, CARMAN, JOSHUA Jr. 1. Appointment of, as adjutant of regiment of minute men, in Dutchess county, 135 CARPENTER, JOHN. 1. Requisition on Treasurer, in favour of, for erection of pow- der mill in Orange county, 531 CARPENTER, JOHN. (See Wisner, Henry.) CARTER, JOHN. 1. Information given by, to Provincial Congress, relating to pro- ceedings at Boston, Ill CASTLE, CAPT. ROBERT. (See Ships and Vessels, 104.) CHANCELLOR. 1. Election of Robert R. Livingston, as, 910 CHAPLAINS. (See Clergy.) 1. Appointment of Rev. John Peter Testard, as chaplain to Co- lonial troops, 67 2. Appointment of Israel Evans as, for 1st regiment, 99 3. do do for 1st and 3d regiments,. . . 492 4. Appointment of Rev. Mr. Lewis, to open proceedings of Con- vention with prayer, 519 5. Requisition on Treasurer in favour of, 545 6. Appointment of, to preach before Convention on fast day, re- commended by, 554 7. Appointment of Rev. Joseph Treat, as chaplain to Cols. Lasher's and Malcom's battalions, in Brigadier-General Scott's brigade ; and of Rev. John Elliot to Col. Saml. Drake's and Col- Humphrey's regiments, 590 8. Appointment of Rev. Samuel Provost, as chaplain to Conven- tion; declension of, 810, 818 9. Appointment of Rev. John Rodgers as, 818 CHARLOTTE COUNTY. 1. Names and credentials of Deputies from, to first Provincial Congress, 9, 44, 81, 89 2. Letter from committee of Manchester, in, respecting proceed- ings of certain disaffected persons, to stop the courts of jus- tice at Fort Edward, and answer of Committee of Safety, 72 3. List of men who went from Manchester, in, to Ticonderoga, under the command of Lieut. Joseph Lockwood, and ac- counts of, 74 4. Letter to committee of, requesting the attendance of Delegates in Provincial Congress, 199 5. Names and credentials of Delegates from, to second Provin- cial Congress, 297 D. Return of field officers of 1st regiment, in, 311 7. Return of officers for precincts of Granville and Black creek, and township of Aigyle, 311 8. Names and credentials of Deputies from, to third Provincial Congress 449, 455 9. Letter from Gen. Schuyler to Provincial Congress, respecting petition of Mr. Duer, relative to election of Deputies from 432 10. Names and credentials of Deputies from, to Convention,. . . 524 (See Militia, 25.) (See Stevens, Simon ) 11. Colonels of regiments in, directed to make returns to Conven- tion 553 12. Report of committee and requisition on Treasurer, in favour of Maj. Alexander Webster, for payment of wages and subsistence of corps of rangers of, 728, 760 13. Letter from committee of, informing of the despatch of a company of rangers from, to Ticonderoga, 817 14. Letter from Committee of Safety to Continental Congress, relative to disaffections in 820, 821 15. Instructions to Delegation from this State, in Congress, rela- tive to the admission of persons claiming to represent in Congress, 869 16. Election of Edward Savage, as sheriff of, 912 (See Resolutions of Convention, 137.) 282 PACE. CHARLOTTE COUNTY-Contintjed: 17. Appointment of judges of, 917 18. Letter from Col. John Williams, Maj. Alexander Webster, and Ebenezer Clark, Esq. to Council of Safety, respecting the proceedings and condition of inhabitants of, 977 19. Resolutions of Council of Safety thereon, 979 20. Appointment of commissioners in, for selling and disposing of the effects of disaffected persons 1079 21. Petition of John Gibson, John Todd, and twenty other citi- zens of, mostly emigrants from Ireland, and who had join- ed Burgoyne's army, for pardon: proceedings of Council of Safety thereon, '. 1092,1093 22. Resolutions of Convention, recommending relief to the dis- tressed and suffering inhabitants of, 1103 CHIEF JUSTICE. 1. Election of John Jay, as, 910 CHILD, CAPT. INCREASE. 1. Authorized to raise a company for Continental service ; offi- cers of, 405, 435 2. Order for commissioner to, 498 CIVIL OFFICERS. 1. Proceedings of Convention in framing Constitution, relative to the election and appointment of, 873, 874, 875, 890 (See Elections.) (See Judicial Officers.) (See Council of Appointment.) CLAUGHRY, JAMES. 1. Appointment of, as lieutenant-colonel in Ulster county mili- tia, 135 1 CANTINE, JOHANNES. Appointment of, as major, Ulster county militia, . 135 9. 10. 11. 12. 13. 14. 15 16. 17. 18. 19. CLARK, CAPT. WILLIAM. Requisition on Treasurer in favour of, for payment and bounty of corps of rangers, commanded by, 695 CLERGY. (See Chaplains.) Resolution of Provincial Congress, inviting to open proceed- ings of, daily, with prayer, 9 Arrangements for, 11 Exemption of, from drafts for militia, in the city of New- York, 496 (See Queens County, 35.) (See Keteltas, Rev. Abraham.) CLINTON, GEORGE. Appointment of, as brigadier-general of the militia of Ulster and Orange, Dutchess and Westchester counties, 226, 563 Directed to march his forces to the fort on the north side of King's Bridge, and to take command of the troops of horse in the counties of Ulster, Orange and Westchester ; letter from Convention to, 563, 567 Statement by, of the condition and strength of the troops un- der his command, 570 Letter from, relative to bounty due the troops, and requisition on Treasurer, in favour of, 602 Directed to apprehend and detain such portions of the militia and levies of Cols. Smith and Remsen's regiments, in Kings and Queens counties, as may have been disbanded or suffered to disperse, 605 Letter from, relative to desertions from his brigade, &c 622 Letter from Committee of Safety to, respecting the obstruc- tions to the navigation of Hudson's river, 624 Letter from Committee of Safety to, respecting the move- ments of the enemy's fleet, up the Hudson river 669 Letter from, respecting proceedings of, in the obstruction of the navigation of Hudson's river, 731 Directed to co-operate with Maj. Genls. Lee and Gates, in harassing and distressing the enemy in New-Jersey, and in securing the passes at the Highlands ; militia of Orange and Ulster counties, and Capts. De Witt and Hasbrouck's companies of rangers placed under command of; requisi- tion on Treasurer in favour of, for defraying expenses of, in the discharge of his duties, 746 Letter from Committee of Safety to, informing of the de- spatch of Cols. Malcom and Thomas, with their regi- ments, to Westchester county, for the removal of the stock and grain from said county, 749 Directed to raise 1,000 men, from the counties of Dutchess, Oranse, Ulster and Westchester, 754 Authorized to dismiss all the militia of the counties of Orange and Ulster, except five hundred men, 759 Letter from, relative to proceedings of, and informing of the battles at Trenton and Princeton, and the movements of Ge- neral Washington, 665 Notice of motion for the appointment of, as a major-general. 798 Letter from, informing of the raising of 500 men in Orange and Ulster counties, 80S Report of committee relative to the disposition of articles ta- ken by the militia of brigade of, • ■• 811 Letter from, transmitting proceedings of court martial in the cases of Samuel Knap and Samuel Divine, sentenced to suf- fer death, and requesting a pardon for said individuals, . . 814 Appointment of, and instructions to, committee, to confer with, relative to his forces for defending the passes com- mitted to his care : report of committee, 813, 716, 831, 832 1126 INDEX. PAGE CLINTON, GEORGE— Continued. 20. Requisition ou Treasurer in favor of, for his attendance in Congress,.. 839, 840 21. Letter Gram Convention to Continental Congress recommend- ing the appointment of, to the command of the fortresses at the Highlands, 84q 22. Letter from Convention to, relative to the progress of the works for obstructing the navigation of the Hudson river,. 841 23. Authorized to call out the militia of Dutchess, Orange, Ulster and Westchester counties for the protection of the passes of the Highlands, and to oppose the incursions of the ene- my. 848 24. Resolutions of Continental Congress appointing, to the com- mand of the fortresses at the Highlands, with the rank of brigadier-general, 860 25. Directed to provide for the security and protection of West- chester county, 869 26. Appointment of committee to inquire into the refusal of a por- tion of the militia of Dutchess to obey the orders of, and resolution of Convention authorizing, to make such dispo- sition of the officers under his command as he shall deem conducive to the public service, 901 27. Letter from Convention to, respecting the disposition of pri- soners sent from Fort Montgomery, 914 28. Letter from, requesting leave to resign his commission as bri- gadier-general of the militia of Ulster and Orange counties; and transmitting the proceedings and testimony against sundry persons tried at a court martial at Fort Montgo- mery ; proceedings of Convention thereon, 921, 922, to 928, 929 29. Resolution of Convention refusing to accept resignation of, stating the grounds of such refusal, 929 30. Vote of thanks to, for his long and faithful services as a Dele- gate in Continental Congress, 931 31. Letter from Council of Safety to, respecting the refusal to ac- cept his resignation, 940 32. Letter from, to Council, respecting the obstruction of the na- vigation of the Hudson river, and answer of Council,. 191, 962 33. Letter from, to Council, respecting the appointment of pay- master and other officers in Col. Duboys' regiment, 977 34. Letter from, to Council of Safety, giving an account of his proceedings in the reinforcement of the army, and of the garrison at the Highlands, and enclosing a letter from Gen. Washington, giving information of the proceedings of the enemy, and requesting a reinforcement at Peekskill,. . 985 35. Answer of Council of Safety, 986 36. Election of, as Governor ; and letter of Council of Safety to, informing him thereof, 990, 991 37. Answer of Gov. Clinton, 993 38. Resolutions of Council of Safety requesting, to enter upon the discharge of his duties as Governor, 1007 39. Letter from Gen. Washington to Council, suggesting the pro- priety of an extension of the powers vested in, for calling out the military of Dutchess, Orange. Ulster and West- chester counties, 1013 40. Answer of Council, 1014 41 . Oath of office administered to, as governor, and proclamation of Council of Safety thereon, 1021 (See Governor.) 42. Letter from, to Council of Safety, expressing his readiness to re-assume the command of the militia in the northern part of this State, and informing of the transfer of Gen. Schuy- ler to the army under Gen. Washington ; and the appoint- ment of Gen. Gates to the command of the northern army ; answer of Council, 1035, 1036 43. Letter from Council of Safety to, requesting the despatch of a party against Capt. Man, of Schoharie, engaged in co- operating with the enemy ; answer of Governor,... 1036, 1040 44. Letter from Council of Safety enclosing letters from the Al- bany and German Flatls committees, relating to the distres- sed situation of the northern frontiers, and accounts of the battle near Fort Schuyler, 1038 45. Answer of Gov. Clinton 1039 46. Letter from Council of Safety to, respecting the refusal of in- habitants of the Manor of Livingston to march to Stillwa- ter, 1040 47. Letter from, to Council of Safety, relative to the condition of the northern army, 1042 48. Letter from, to Council of Safety, relative to the battle of Bennington, the death of Gen. Herkimer, and the proceed- ings of Gen. Arnold and the northern army, &c. &c 1048 49. Letter from, to Council of Safety, informing of the raising of the siege of Fort Schuyler by the enemy, and of their march to Oswego, '. 1048, 1049 50. Letter from, to Council of Safety, transmitting an account of the attack upon the troops under command of, at Doodle- town, near Fort Montgomery ; the destruction of the Con- tinental ships and Fort Constitution by the Americans, and advices received as to the intention and movements of the enemy, 1063, 1064, 1065, 1066 51 Letter from, to Council of Safety, relative to subsequent pro- ceedings of, 1067, 1069 52. Letter from, to Council of Safety, transmitting a letter from Sir Henry Clinton to Gen. Burgoyne, taken from Daniel Taylor, a spy 1068 53. Letter from, to Council of Safety, respecting the disposition of Colo. Wemple's and Livingston's regiments, 1074 54. Letter from Council of Safety to, respecting the transporta- 5 CLINTON, GEORGE — Continued. PA ° E ' tion of flour out of the State ; and a contemplated exDedi- tion to the city of New-York, 10?7 55. Letter from, to Council of Safety, recommending relief to ship carpenters employed in building the Continental fri- g ate s, 1082 56. Report of committee appointed to confer with, on the expedi- ency of a Convention of the Legislature, 1089, 1090 57. Letter from, to Council of Safety, * 1093 58. Letter from Council of Safely to, transmitting resolutions of, recommending the prevention of flags of truce except upon urgent occasions, jjrjj CLINTON, JAMES. 1. Appointment of, as Col. ofthird regiment, 62 2. Report from, as to condition of regiment, 86 3. To muster his regiment, , 96 4- Sundry articles of military stores directed to be sent to, '. 99 5. Ordered to proceed to Albany with the men under his com mand, , i 05 (See Van Schaack, Goose, 4.) (See Livingston, Henry, Jr. 3.) 6. Appointment of, as colonel of Ulster county militia, 135 7. Letter to, covering account of expenses for apprehending and conveying to Albany 13 deserters belonging to Capt. John- son's company in regiment of, and requesting suspension of, of their pay, 195 8. Return of regiment of, from Lieut. Col. James McClaghry, commanding, transmitting a scheme for raising minute men, or having one fourth of the militia always in readi- ness, 377 9. Appointment of companies to regiment of, 424 10. Letter from, transmitting a return of articles wanted at the fortifications at the Highlands, and requesting a reinforce- ment ; answer of committee, 616, 617 11. Warrant to, for impressing sloops for the removal of the sick to Orangetown, 617 12. Letter from, respecting the condition of the fortifications at the Highlands, T 650 13. Directed to give orders for searching all boats, and securing all suspected persons passing up and down Hudson's river, 673 14. Return of officers and men in garrison at Forts Montgomery and Constitution, under the command of, 777 CLOPPER, CORNELIUS. 1. Report of committee and resolutions and proceedings of Con- vention on petition of wife and daughter of, relative to personal estate of, and removal to Poughkeepsie, 872, 904 2. Resolution of Council of Safety relative to claim of proper- ty in slaves, 942 CLOTHING OF TROOPS. 1. Directions of Provincial Congress respecting, 59 2. Directions of Committee of Safety, 75 3. Letter from Marinus Willet and other officers, to Provincial Congress, respecting, 89 (See Livingston, Henry B. 3,) (See Ulster County, 6, 74.) (See Continental Congress, 64, 166, 257.) (See Resolutions of Provincial Congress, 92.) (See Curtenius, Peter T.) 1. Resolutions of Convention making provision for, 657, 667 5. Letter from committee of Continental Congress to Conven- tion, transmitting $10,000 for provisions for, 676 6. Letter to brigadier-generals relative to provisions of, 695 7. Letter from Abraham Livingston, relative to the forwarding of the army, 761 8. Letter from Francis Lewis, relative to, purchased for the troops of the State of New-York 764 9. Appointment of Committee for providing blankets and stock- ings for, 774 10. Resolutions of Committee of Safety, directing application to be made to every householder in the several counties therein named, for furnishing blankets and hose for, 780 11. Letter from Committee of Safety to Gen. Washington, rela- tive to, detained by order of Convention, for the use of the troops in this State 782, 783 12. Appointment of John Henry, as commissary, and Cornelius Cregier, assistant commissary of clothing store, 807 13. Inventory of goods in store for, 820 14. Requisition on Treasurer for 820, 981 (See Privateers. 15.) 15. Directions for the disposition of a quantity of, purchased by William Hoskins, 870 (See Henry, John.) 16. Directions to Philip Leake, to purchase, 921 COCK, JOHN. (See Westchester County, 8, 11, 12.) COFFIN. CAPTAIN GEORGE. 1. Letter from Provincial Congress, to Delegates in Continental Congress, respecting lading of provisions consigned to Messrs. Lopez and Rome, at Rhode Island, for the use of the army and navy at Boston, on board ship of, 38 2. Papers relating to vessel and cargo of, referred to general committee of association at New- York, 99 COLDEN, CADWALLADER. 1. Report, resolutions and proceedings of committee for detect- ing and defeating conspiracies, on the case of, 762, 763 INDEX. 1127 PAGE. COLDEN, CADWALLADER— Contijtued. 2. Letter from, requesting a hearing before the House ; resolu- tion, grantiag such request, 768 3. Letter from, informing of his return to his family, and his readiness to appear when required by Convention, to an- swer the charges against him, 784 4. Permitted to repair on parol to Fishkill, for the purpose of availing himself of the benefit of the resolution of Con- vention for the discharge of disaffected persons, takiag the oath of allegiance and fidelity, 829 5. Interrogations by Council of Safety to ; answer of ; and order for confinement as a prisoner on parol, 1071, 1072 COLLECTORS. 1. Resolution directing the election of, in the several towns,. . . . 818 COLLECTORS. (See County Committees, 4.) (See Town Committees, 4.) COLONELS. 1. Appointment of, for several regiments, 62, 135,528,534, 568 2. Circular from Committee of Safety to, requesting certain in- formation relative to condition of their respective regi- ments, 81 (See Blackwell, Jacob.) 3. Return of field officers of the militia of Tryon county, 139 4. Directions to, by Provincial Congress, to muster their men, completely armed and equipped, at some convenient ren- dezvous, in case of any public alarm, 177 (See Hasbrouck, Jonathan,) (See Nicoll, Isaac.) (See Drake, Samuel ) (See Livingston, James.) (See Dubois, Lewis.) 5. Letter from Provincial Congress, requiring them to be in readiness to march at a moment's warning, 337 (See Thomas, Thomas.) (See Van Cortlandt, Pierre.) (See Pawling, Levi.) COLONIAL DEBT. (See Public Debt.) COLONIAL PAPER CURRENCY. 1. Order of Provincial Congress for emission of, 239, 435 2. Appointment of committee to report a plan for the emission of, &c 316 3. Report of committee ; adopted, 326, 338, 339 4. Loan officers directed to receive in payment of loans, 350 5. Provision for suppressing counterfeits of, 414 (See Counterfeit Bills.) (See New-York City and County.) (See Bills of Credit.) COLONIAL TROOPS. 1. Proceedings of Provincial Congress relative to arrangement of, 55,56, 57, 59, 62, 84, 97, 103, 104, 109, 114, to 116 2. Draft of warrant and instructions to officers relative to enlist- ments of, 57 3. Report of committee appointed to wait upon officers of, ... . 59 4. Provision for clothing and ammunition for, 59, 75 5. Uniforms of; drums, 65 6. Appointment of chaplain to, 67 7. Resolution fixing pay and uniform of, and allowance for use of arms, 101 8. Militia bill, 114 to 116 (See Lamb, John, 7.) 9. Report relative to payments made to, 210 10. Accounts of moneys paid to, transmitted to General Schuyler, 211 11. Letter from Committee of Safety to Delegation in Continen- tal Congress, respecting provision for reimbursement of billeting money to officers of New-York battalions,. . . 245, 246 12. Resolutions of Continental Congress, providing for the rais- ing of four battalions for defence of Colony, 265 13. Nominations of field officers for, 328 (See New-York Battalions.) COMMANDER.IN-CHIEF.I (See Washington, George.) COMMISSARY OF MILITARY STORES. (See Norwood, Richard.) (See Curtenius, Peter.) COMMISSARY OF PROVISIONS AND STORES. (See Curtenius, Peter.) (See Livingston, Walter.) 1. Ordered by Provincial Congress to deliver articles purchased to Gen. Schuyler, on taking his receipt therefor, 59 (See Hughes, Hugh.) (See Livingston, Abraham.) (See Coombe, George.) (See Paulding, William.) (See Hay, Col. A. Hawkes.) (See Tswnsend, Robert.) (See Bartow, Theodorus.) (See Piatt, Zephaniah.) (See Wyckoff, Henry.) (See Schenck, Pa il.) (See Currie, David.) (See Prisoners of War, 22.) PAGE. COMMISSARY OF PROVISIONS AND STORES— CoNTiurjED. 2. Resolution of Council of Sasety, appointing a commitle to in- vestigate abuses in, 1092 COMMISSIONERS OF LOAN OFFICE. (See Van Rensselaer, Henry I.) (See Ten Broeck, Dirck.) COMMISSIONERS OF SEQUESTRATION. 1. Resolution of Convention, appointing in the several counties, 826, 861, 907 (See Petitions, 53, 54.) 2. Instructions to, and authority to lease lands and tenements of persons joining the enemy, .... 930, 931 (See Albany City and County, 82.) (See Westchester County, 96, 97, 98.) (See Charlotte County, 19.) (See Ludlow, William H.) COMMISSIONS. 1. Draft of, for officers in militia, independent companies and mi- nute men, 141 COMMISSIONERS FOR DETECTING CONSPIRACIES. 1. Appointment of, 803 2. Letter from, transmitting information of an attack, by Col. Willett's troops, upon the advanced post of the enemy, and of their disposition and force ; answer of Conven- tion, 850 3. Authorized to raise, pay and officer a company for the de- fence of the State, 872 4. Directed to transmit the names, and direct the delivery to Gen. George Clinton, of prisoners confined in the counties of Ulster, Orange and Dutchess, for trial by court martial, 889 5. Requisition on Treasurer in favour of, 961, 991, 1105 COMMITTEE OF CONFERENCE AND ARRANGE- MENT FOR THE PROTECTION AND DEFENCE OF THE NORTHERN AND WESTERN FRON- TIERS. 1. Report of, 699 to 705 COMMITTEE OF SAFETY. 1. Appointment of members of, from the several counties, to sit during the recess of Provincial Congress, and power of, 69, 70, 135, 136, 222, 223, 232, 363, 364, 577,~614, 629, 639, 643,648, 663, 677,739. 2. Chairman of, Henry Williams, 71 3. Report of proceedings of, 90, 92 4. Proceedings approved, and vote of thanks, 93 5. Directed to purchase and distribute copies of sundry acts of Parliament, complained of as grievous to the Colonies,. . . 228 6. Authorized to apply £80,000 to the defence and security of the Colony, 232 7. Circular by, to county committees, relative to the election of Delegates to General Assembly 236 8. Letter from, recommending the convening of Provincial Con- gress, 410 9. Ratification of facts and proceedings of, by Convention,.... 887 COMMITTEE OF SAFETY AND CORRESPONDENCE. 1. Resolution of Convention appointing, for that part of the State below the Highlands, 612, 613, 627 2. Directed to take from the doors of the houses in the city of New-York, the brass knockers, and forward the same to Newark, 613 COMMITTEE OF SECRECY. 1. Resolution of Convention, authorizing the impressment of conveyances, horses and drivers, by, and the calling out the militia when necessary ; appropriation of £5,000 for,. 528 COMMODORES. (See Smith, James.) 1. Letter from Committee of Safety to Maj. Douglass, respect- ing services on the lakes, 371, 372 2. Answer of Major Douglass, 332 3- Letter from Provincial Congress to Continental Congress, recommending Capt. Wynkoop to command of vessels on the lakes, 382 (See Wynkoop, Jacobus.) COMMON PRAYER. 1. Letter from Convention to Continental Congress, suggesting the propriety of expunging such parts of, as interfere with the interests of the American cause, 521 COMPANIES OF MILITIA. 1. Recommended to be formed in the several cities, manors, towns, precincts and districts, 104 CONFISCATED PROPERTY. (See Clopper, Cornelius.) (See Forfeited Estates.) (See Commissioners of Sequestration.) (See Ludlow, William H.) 1. Order for payment into the treasury, of the avails of seven pipes of wine, the property of Hamilton Young, of New- York, 902 CONGRESS. 1. Proceedings of Convention in framing Constitution, relative to the choice of Delegates in, 877, 878 (See Continental Congress.) 2. Election of Philip Schuyler, Philip Livingston, James Duane, William Duer and Governuer Morris, as Delegates in,. . 931 1128 INDEX. PAGE. CONKEY, CAPT. JOSHUA. I. Pay and subsistence roll of company of rangers, commanded by, in Charlotte county, and requisition on Treasurer in favour of, 822 CONNECTICUT. 1. Attendance of committee from House of Representatives of Colony of, and conference with, respecting the common welfare, 10, 11 .3. Letter from Provincial Congress to Governor and Company of, respecting removal of artillery and stores from Ticon- deroga to south end of Lake George, and respecting Cana- dians and Indians, 10, 11 3. Report of committee of conference, relative to the fortress at Ticonderoga and the Stockbridge Indians, and proceedings thereon, 11, 12 4. Letter from Hon. Jonathan Trumbull, Governor of the Colo- ny of, to Provincial Congress, enclosing letter from Col. Benedict Arnold, respecting defence of Ticonderoga and Crown-Point, 16, 17 5. Answer of Provincial Congress, 17, 18 6. Letter from Hon. Jona. Trumbull, in behalf of Governor and Company of, to Provincial Congress, respecting defence of Ticonderoga and Crown-Point, 23 7. Answer of Provincial Congress, 30 8. Resolution of Continental Congress, requesting Governor of, to send reinforcements to Ticonderoga and Crown-Point, and the appointment of commissaries, 27, 29 Letter from Provincial Congress to Governor of, relative to supply of powder to Colony of Massachusetts Bay, 38 Letter from Provincial Congress to Governor of, communi- cating information of the movements and designs of the British, 45 Order of Provincial Congress and letter to Maj. Gen. Woos- ter, commanding a body of troops in the southern part of, to repair to within five miles of the city of New-York ; an- swer of Gen. Wooster, 44, 47 Resolution of Continental Congress, directing removal of troops of, to New-York, 46, 47 Letter from Provincial Congress to Governor of, transmitting such resolution, and directions of Provincial Congress re- specting powder sent for the use of the Provincial army, near Boston, 47 Answer of Gov. Trumbull, 52 Letter from Gen. Schuyler, respecting tents and fuel for en- campment of troops of, near New- York, 60 Order of Provincial Congress, for supply of utensils to armo- rer of troops of, and that a separate account be kept, ... 66 Letter from Gov. Trumbull, recommending James Dean, late- ly returned from a mission among the Indian tribes in Ca- nada 73, 74 Letter from Governor Trumbull, respecting tents, &c. for troops under Col. Hinman, and answer of Provincial Con- gress, 92, 93, 121 Letter from Gov. Trumbull to Gen. Schuyler, respecting pro- visions, &c. for troops at Ticonderoga, 96 Letter from Provincial Congress to Gov. Trumbull, request- ing permission to Philip Van Rensselaer to purchase a quantity of barrelled pork, in, for use of the Continental 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30 31, 32 33 army, 103 Letter from Thaddeus Burr, sheriff of Fairfield county, re- specting imprisonment of Angus McDonald, by order of Committee of Safety of New-York, 158 Letter from Provincial Congress to Gov. Trumbull, covering extract of letter from Gen. Schuyler, requesting supply of powder, 62. Letter from Convention to Gov. Trumbull, relative to permis- sion to prisoners belonging to this State to go at large on parol, 887 63. Letter from Col. Morris Graham, informing of the march of a party of British troops to Danbury, and of the destruc- tion of the Continental stores there, 903 64. Letter from Governor Trumbull, demanding a return of cannon lent this State, 903 (See Salt, 16.) 65. Letter from Council of Safety to Governor Trumbull, re- questing permission to Dr. Piatt Townsend to manufacture salt in, for exportation to this State, 962 66. Letter from Lynde Lord, respecting accounts against prisoners confined in, &c 965 67. Letter from Governor Trumbull, enclosing accounts of Pros- per Wetmore, sheriff of the county of New-London, 975 68. Letter from Governor Trumbull, respecting prisoners belong- ing to this State, confined in, 976 69. Answer of Council of Safety, 978 (See Long Island, 12, 13.) 70. Letter from Governor Trumbull, to Council of Safety, trans- mitting voles of the Council of, authorizing Dr. Piatt Townsend and all others, inhabitants of this State, to manu- facture salt in, for the use of this State, 984 71. Letter from Council of Safety to Governor Trumbull, re- INDEX. 1129 PACE. CONNECTICUT— Continued. specting the condition of the northern army, and request- ing the assistance of; answer of Governor Trumbull, 1018, 1019, 1043 72. Letter from Council of Safety respecting claim of Comfort Sands and other citizens of this State, relative to a quanti- ty of sugar detained in, 1024 73. Resolution of Council of Safety for the transmission of pri- soners confined on board the Fleet prison, to Hartford in, and letter to Governor Trumbull respecting, 1063 74. Letters from Ezekiel Williams commissary of prisoners in, relative to supplies for prisoners so transmitted, 1073, 1100 75. Appointment of commissioners to superintend the removal of such prisoners to this State, 1105, 1106 CONSPIRACIES. (See Orange County, 14, 67.) (See Resolutions of Convention, 43, 51.) 1. Appointment of commissioners for inquiring into, detecting and defeating, against the liberties of America, 803 (See Albany City and County, 74.) CONSTITUTION, FORT. (See Highlands.) CONTEMPT. 1. Proceedings in the case of Christopher Duychinck, brought before Provincial Congress for, &c 326 2 Order for apprehension and imprisonme.it of Morris Hazard, to answer charge of, for maltreatment of President of Convention, 754 3. Examination of, and proceedings of Convention, 756 4. Proceedings against Captain Gerardus Hardenberg, for impri- soning Colonel Charles De Witt, a member of the Conven- tion, aud report of committee thereon,. . 911, 912, 942, 943, 944 5. Proceedings against Lieut. Col. Jonathan Elmendorph, 912 6. Proceedings against Hugh Dougherty, 936 7. Proceedings against Cornelius Tack, 951 CONTINENTAL ARMY. 1. Letter from James Duane in behalf of Delegates from New- York, in Continental Congress, transmitting information of the raising of a body of 15,000 men for the defence of the country, and of the appointment of Col. George Wash- ington, as Captain-General and Commander-in-Chief,... 46,47 2. Resolution of Provincial Congress, directing the several committees and sub-committees to purchase or hire arms for use of, and deliver to the several colonels, 103 3. Order of Provincial Congress respecting the purchase in Con- necticut of a quantity of barrelled pork for use of, 103 4. Resolution of Continental Congress, recommending the pas- sage of laws prohibiting the arrest of soldiers of, for tri- fling debts, 244 5. Resolution of Continental Congress directing the raising of four additional requirements in New-York, under Conti- nental pay, for defence of the Colony, &c 265, 266 6. Letter from Committee of Safety to county committees re- specting the establishment of men, and the appointment of officers, 269 7. Instructions to officers for enlistment of new battalions, 269 8. Letter from Delegates in Continental Congress, informing of the obtaining of a warrant on Continental Treasurer for $12,000 to aid in raising New- York battalions for Colonial defence, 299 9. Appointment of committee to settle the quotas of men and officers, &c. to be raised in the different counties of the Colony, for ; and report of, 303, 306, 309 (See New- York Battalions.) 10. Resolutions of Continental Congress for the raising in the Colonies of Massachusetts Bay, Connecticut, New-York, and New-Jersey, of 13,800 militia to reinforce the army at New- York, 482 (See Canada.) 11. Resolutions from Continental Congress for the establishment of a flying camp in the middle States, consisting of 10,000 men; and quotas of the several Colonies of Penn- sylvania, Maryland and Delaware, 482 12- Quotas of militia to be raised by the several counties in the Colony of New-York, 483 13. Resolution of Continental Congress for the raising an addi- tional regiment in the Colony of New-York, 504 14. Resolution of Continental Congress directing the provision by the several Colonies of clothing for; and its storage sub- ject to the disposition of the Commander-in-Chief, 504 15. Leave Long Island for the city of New-York by order of the Commander-in-Chief, 602 16. Evacuation of the city of New-York by, 628 17. Resolution of Continental Congress for the raising of eighty- eight battalions to serve during the war ; fixing the quo- tas of the several States; and providing for the payment of bounty and bounty lands to such officers and privates as shall continue in service during the war, 653, 654 18. Letter from chairman of committee, for arrangement, &c. of, on the northern frontier relative to the condition of, &c. 694, 695 (See New- York Battalions.) 19. Letter from Committee of Safety to Governor Trumbull, of Connecticut, and General Schuyler, detailing the move- ments and position of, 745, 747 283 PAGE. CONTINENTAL ARMY— Continued. 20. Letter from William Duer to General Gates, informing of the movements of, 750, 751 21. Letter from John S. Hobart and Jonathan Landon, informing of the proceedings, &c. of, 756 22. Resolutions of Congress investing General Washington with more ample powers for the regulation of; and increasing the number of battalions to 110, 764 23. Letter from General George Clinton, containing information of the battles of Trenton and Princeton, and of the pro- ceedings of, 765 24. Letter from Colonel Alexander Hamilton, giving an account of the attack on, commanded by General Lincoln, at Bound Brook, &c 885 25. Letter from Delegation in Congress respecting the proceed- ings and prospects of, 980 26. Resolutions of Congress for reinforcement of, 1008 27. Resolutions of Council of Safety for the reinforcement of, in the northern department, 1023 28. Letter from Albany committee, informing of the arrival of the enemy at Fort Edward, and the retreat of the Ameri- cans to Saratoga, 1025 29. Letters from president of the council of Massachusetts Bay, and chairman of Committee of Safety of New-Hampshire, informing of the number of militia sent from those States respectively, for the reinforcement of the northern army,. 1641 (See Washington, George.) (See Clinton, George.) (See Schuyler, Philip.) (See Gates, Horatio.) (See Putnam, Israel.) (See Ticonderoga and Crown-Point.) (See Saratoga.) (See Trenton.) (See Princeton.) CONTINENTAL CONGRESS. 1. Delegates elected to by first Provincial Convention, and powers of, 4 2. Credentials of, 5 3. Resolution of Provincial Congress that implicit obedience ought to be paid to every recommendation of, for the ge- neral regulation of the associated Colonies, 8 4. Recommendation of, relative to artillery and stores in Ticon- deroga ; adopted and committee appointed thereon; re- port and recommendations of committee, 9, 10 5. Resolution of, approval of proceedings of offered, and pro- ceedings thereon, 13 6. Letter from Provincial Congress to, respecting expediency of an emission of Continental paper currency 14 7. Resolution of, communicated to Provincial Congress, re- specting the measures necessary for the defence of the city and Province ; fortifications at or near King's Bridge ; batteries to obstruct the navigation of the Hud- son, at the Highlands ; the arming, enlistment and disci- plining of the militia, and the pay thereof, &c 16 8. Proceedings of Provincial Congress thereon," 20,21 9. Letter from Provincial Congress to Delegates from Colony of New-York, in, 17 9. Letter from Provincial Congress to Delegates in, transmit- ting report of Committee on the subject of Continental paper currency, 20 10. Letter from Provincial Congress transmitting communica- tion and documents from Albany committee, 24 11. Letter from Delegates in, to Provincial Congress, respecting paper currency, the appointment of officers, and the elec- tion of Delegates from all the counties, and especially the county of Tryon, to the Provincial Congress, 25 12. Resolution of, transmitted to Provincial Congress, requesting Governor of Connecticut to send a reinforcement to the ganisons at Ticonderoga and Crown Point ; and for the supply of provisions and necessaries therefor, 27, 29 13. Resolution of, transmitted to commander of the forces at TiDonderoga, discountenancing expeditions or incursions into Canada, 30 14. Letters from Delegates in, to Provincial Congress, respect- ing general welfare, plans for raising money, Indian af- fairs, ai ming and disciplining of the militia, provisions and supplies for defence of Ticonderoga, and officers to com- mand the army in Province of New- York, 30, 39 15. Answer of Provincial Congress, 32, 33 16. L e tter from Provincial Congress to Delegates in, respecting the landing of provisions for the use of the army and navy at Boston, consigned to Messrs. Lopez and Rome in Rhode Island, on board of a vessel of Captain Coffin; answer of, 38, 48 17. Letter from President of, enclosing resolutions requesting Provincial Congress to convey to Massachusetts Bay five thousand barrels of flour for the use of the Continental army at Boston, 39 18. Answer of Provincial Congress, 42 19. Letter from Provincial Congress to Delegates in, transmit- ting report of committee relative to fortifications of the Highlands on the Hudson river, 40 20. Letter from Provincial Congress to Delegates in, transmit- ting information of the movements and designs of the British, with sundry documents, 42, 46 1130 INDEX. PAGE. CONTINENTAL CONGRESS— Contintod. 20. Letter from James Duane, in behalf of Delegates in, trans- mitting resolutions of, for the removal of Connecticut troops to New-York, relative to the emission of a Conti- nental paper currency, the raising of troops for the pub- lic defence, and the appointment of Col. George Wash- ington as Captain-General and Commander-in-Chief,. . . 46, 47 21. Resolutions of, recommending to the several Colonies the collection of saltpetre and brimstone, and its transmission to Provincial Congress of New-York, to be by them sent to powder mills for its manufacture, and making provi- sion for expense, 48 22. Resolution of Provincial Congress, recognizing the election of Delegates by Provincial Convention, 51 23. Letter from Provincial Congress to Delegates in, communi- cating report relative to plan of accommodation with Great Britain, 59 24. Letter from Provincial Congress to Continental Congress, transmitting letter from committee of intelligence at Charleston, in South Carolina, enclosing intercepted letter from General Gage, at Boston, to Governor Martin, of North Carolina, gj 25. Letter from Provincial Congress to, respecting the manufac- ture of powder, &c 61, 62 26. Letter from President of Provincial Congress, transmitting resolutions relative to the procurement of a list of the garrisons at Ticonderoga and Crown-Point, and the em- ployment of the Green Mountain Boys, under their own officers, 63 27. Appointment by, of general officers, 63 28. Letter from Delegates in, to Provincial Congress, urging the immediate levy of Provincial troops, and the adop- tion of defensive measures, and transmitting information of, supply of powder from Philadelphia, by request of, for the use of the forts at Ticonderoga and Crown-Point, 64 29. Letter from Secretary of, to Provincial Congress, enclosing intercepted letter from Joseph Martin, Governor of North Carolina, to Henry White, Esqr 68 30. Answer of Provincial Congress, enclosing explanatory letter from Mr. White, and exculpating him from all blame,. . . 69 31. Recommendation by, of observance of a day for fasting and prayer, 69 32. Letter from Delegates in, respecting plan of accommoda- tion with Great Britain ; and answer of Committee of Safety, 73 33. Letter from Committee of Safety to Delegates in, enclosing instructions and warrants to officers for raising troops ; informing of the arrangement of troops ; and requesting information as to their pay, 76 34. Letter from same to same, enclosing copies of letters from General Schuyler, requesting money, arms and ammuni- tion, and informing that Colonel Guy Johnson and a body of Indians are at Oswego, 79 35. Letter from Committee of Safety to Delegates in, respecting contemplated Congress with Five Nations of Indians,.. . 82 36. Resolutions of, recommending the nomination by Provincial Convention of a proper person for deputy adjutant-general or brigade-major, 84 37. Letter from Delegates in, to Committee of Safety, respect- ing establishment of the army, and provisions for money, arms and ammunition, 84 38. Letter from Committee of Safety to Delegates in, recom- mending the procuring of muskets and bayonets from New-Jersey, and the continuance of Peter T. Curtenius as commissary, 85 39. Letter from, to Committee of Safety, requesting a supply of gunpowder for the use of the army before Boston, and answer of Committee, 86 40. Letter from Delegates in, recommending appointment of Morgan Lewis, as brigade-major, or deputy adjutant- general 90 41. Letter from Provincial Congress, to Delegates in, recom- mending appointment of Ebenezer Hazard, as postmaster at New-York, 90 42. Letter from Provincial Congress to, informing of appoint- ment of William Duer as deputy adjutant-general, 91 43. Letter from Provincial Congress to Delegates in, relative to the sale of tea, &c 92 44. Letter from Provincial Congress to Delegates in, relative to the expediency of inhibiting the exportation of flaxseed, 92 45. Letter from Delegates in, respecting procuring of arms and ammunition, &c. from New-Jersey, 98 46. Letter from Delegates in, informing of the obtaining an order of Congress on Continental treasury for $175,000 for the use of Colony of New-York, 100 47. Resolution of, appropriating $175,000 to the discharge of contracted by Provincial Congress, 102 48. Letter to Hon. Benjamin Franklin and other members of committee of secrecy of, requesting a supply of powder, &c ■ pi 49. Letters to Benjamin Franklin, communicating information received from General Washington, relative to the move- ments of the British troops, 109, 110 50. Letter from Provincial Congress to Charles Thomson, re- specting blank commissions for Colonial officers, 110 51. Letter from Provincial Congress respectine the forwarding of certain powder ordered by, for use of Colonial troops, 122 CONTINENTAL CONGRESS-Continued. 51. Letter from Committee of Safety to Delegates in, respect- ing supply of ammunition to General Washington, and requesting blank commissions, 143 52. Letter from Committee of Safely to Delegates in, from Mas- sachusetts, respecting the examination and discharge of George Bethune, 144 145 53. Letter from John Hancock, President of, enclosing blank ' commissions ; and answer, 151 54. Letter to, enclosing copies of correspondence with General Wooster, relative to furnishing troops for defence of the fortifications at the Highlands 152 55. Letter from John Hancock, President of, to Committee of Safety, directing the sending of the whole New-York troops to the aid of Gen. Schuyler, and answer of Com- mittee of Safety, 154 ( 155 56. Letter from Delegates in, respecting blank commissions, and relative to the sale of tea, 155 57. Letter from Delegates in, respecting Colonial troops and their movement, number and equipments ; the progress of the fortifications at the Highlands ; and the quantity of powder furnished by the Colony ; and answer of Provin- cial Congress, 158, 165, 166 58. Letter from Henry Wisner at, enclosing articles of agree- ment for regulation and government of associations in Pennsylvania ; relative to saltpetre, &c 163 59. Letter from Provincial Congress to, enclosing information of Capt. John Hamilton, J66 60. Letter from Provincial Congress to, accompanying proposals of a merchant of New-York, to load 500 barrels of flour to Hispaniola, and to bring in return 5 tons gunpowder,. 166 61. Letter from Provincial Congress to, accompanying letter from Gen. Schuyler, respecting military operations in Ca- nada, 168 62. Letter from Provincial Congress to, respecting condition of brig Mary, Captain Robert Wallace, from Baltimore, ... 168 63. Appointment of committee to examine resolutions, and ad- vice of, relative to Colonial affairs, 176 64. Letter from Delegates in, approving of the erection of for- tifications at the Highlands ; and also respecting supplies of clothing and ammunition, ]7j 65. Letter from John Hancock, President of, respecting supply of powder, &c.and transmitting resolutions of, relative to the erection of fortifications at the Highlands and other places, and the establishment of posts for the communi- cation of intelligence ; the obstruction of the navigation of the Hudson ; recommending the arrest and imprison- ment of suspected persons ; also extracts of letters from London, relative to the movements and intention of Bri- t sh troops, 171, 172, 173 66. Letter from Provincial Congress to, transmitting letter of Gov. Trumbull, of Connecticut, respecting supply of ne- cessaries for army under Gen. Schuyler, 174 67. Letter from Provincial Congress transmitting information of Capt. John Lawrence, relative to movements of British fleet and army, 174 68. Letter from Provincial Congress transmitting petition of French prisoners from Canada, for discharge from impri- sonment, 175 69. Letter from Provincial Congress requesting directions of, relative to exportation of provisions, &c 175 70. Report of committee appointed by Provincial Congress to examine resolutions and advice of, relating to Colonial af- fairs, 176, 177 71. Letter from Provincial Congress to, respecting the erection and defence of fortifications on Hudson river, 177 72. Letter from John Hancock, President, respecting supply of powder to Gen. Schuyler, 178 73. Answer of Provincial Congress, 178 74. Letter from Delegates in, respecting delegation of power in case of absence to a less number than a quorum ; and answer of Provincial Congress, 181 75. Letter from Provincial Congress to, requesting additional supplies of money, 182 76. Letter from John Hancock, President of, communicating in- formation of an apprehended attack on New-York, and requesting the immediate removal of all the sulphur in ; order of Provincial Congress thereon, 183 77. Resolution of, recommending the transmission of saltpetre from Turtle Bay to President of Provincial Convention to be manufactured into gunpowder, 184 78. Resolution of Provincial Congress for provision for expenses of Delegates in, and appointment of committee thereon ; report of, 184, 185 79. Letters from Provincial Congress to, respecting the employ- ment of Bernard Romans as an engineer at the fortifica- tions at the Highlands, 186 80. Letter from Provincial Congress, respecting exportation of produce from the city of New-York 187 81. Resolution of, appointing a committee to ascertain and re- port the various hostilities committed by the Ministerial troops and navy in America ; and letter from Silas Deane, John Adams and George Wythe, committee, to Provincial Congress, requestins: detailed information of such hostili- ties in the Colony of New-York, 187 82. Letter from John Hancock, President of, to Provincial Con- gress, requesting copy of a letter of Gov. Tryon, to mayor INDEX. 1131 PAGE CONTINENTAL CONGRESS-Continued. of New-York relative to recommendation of Continental to Provincial Congress, to seize the officers of government, in- eluding himself, 188 83. Letter from John Hancock, President of, to Provincial Con- gress, transmitting examination of officers of a transport cast away on the coast of New-Jersey ; of the raising of re- cruits by one Grant, in Dutchess county ; and resolution re- commending Provincial Congress to lake possession of blankets and shins remaining in the King's stores in New- York . 188, 189 84. Letter from Provincial Congress in answer, 190 85. Letter from Delegates in, transmitting resolutions of, recom- mending the exportation of provisions and produce to the West Indies in exchange for arms and ammunition, 190 86. Letter from John Hancock, President of, transmitting reso- lution of, relative to the raising and appointment of officers for a company of matrosses for the defence of the fortifica- tions at the Highlands, 191 87. Letter from Provincial Congress to, requesting an additional supply of money, 193 88. Letter from Provincial Congress to, informing of the trans- mission of orders to Col. McDougall to send Captains Gren- nell and Ledyard, with their companies, for the defence of the fortifications at the Highlands, 194 89. Letter from John Hancock, President of, transmitting resolu- tions of, for the garrisoning of the fortifications at the Highlands, 197 90. Letter from Delegates in, respecting term of election of, and compensation for services of, 200 91. Letter from Delegates in, relative to appointment of com- mander of the fortress at the Highlands 200, 202 92. Letter from John Hancock, President of, requesting the fur- nishing the troops raised in New-Jersey for the defence of the city of New- York with firearms, to be sent to Lord Stirling, 202 93. Letter from Jas. Duane, one of Delegates in, transmitting re- solutions of, relative to the manufactory of firelocks and saltpetre, and the punishing of persons harbouring deser- ters, 202 94. Answer of Provincial Congress to letters from, respecting the exportation of the produce of the United Colonies, the conduct to be observed by the Colonies, the defence of the fortifications at the Highlands, and supplies of clothing and ammunition for the army, 209 95. Letter to Delegates in, recommending Gilbert Livingston, William Bedlow, Thomas Grennel and Jonathan Law- rence, as persons qualified to command the fortress at the Highlands 209 96. Letter to Delegates in, relative to the emission of a Continen- tal currency, 212 97. Letter from John Jay, relative to disturbances by inhabi- tants of New-England in the Colony of New- York, and transmitting resolutions of Congress relative to the expor- tation of American produce to the island of Bermuda,. 218, 219 98. Resolution of Provincial Congress, fixing compensation of Delegates in, at $4 per day, 220 99. Order of Provincial Congress for purchase of five hundred copies of proceedings of, in Low Dutch and German, for distribution, 225 100. Letter from Provincial Congress to Delegates in, relative to the expediency of erecting additional fortifications at the Highlands, 227 101. Letter from Provincial Congress, to Delegation in, respect- ing proceedings relative to inimical conduct of inhabitants of Queens and Richmond counties, 230 102. Resolutions of Provincial Congress respecting arrangement of delegation in, so that five only may represent the Colony at one time, 231 103. Letter to, from Committee of Safety, transmitting plan of fortifications at the Highlands ; communicated by Bernard Romans, engineer, 236 104. Letter to Committee of Safety, respecting expediency of ex- portation of flaxseed for the purchase of ammunition, 236, 237 105. Introduction to, copies of petition of, to King of Great Bri- tain, &c. intended for publication, 241 106. Resolutions of, respecting the fortifications at the High- lands, T.. 243 107. Letter from delegation in, respecting the Connecticut inva- sion, the refusal of loan to Colony, the fortifications in the Highlands, &c 243 108. Resolution of, respecting Colonial loan, 244 109. Resolution of, recommending the passage of laws prohibiting the arrest of Continental soldiers for small debts,. . . . 244, 252 110. Letter from Committee of Safety to delegation in, respecting the necessity for provision for pay and billeting money of the troops employed at the Highlands, and of the commis- sioned officers in New- York battalion of Continental troops, 245, 246 111. Letter from Committee of Safety to delegation in, respecting the power of choosing officers of militia in certain cases,. 246 112. Letter from delegation in, respecting transportation^ flax- seed to Ireland, and transmitting resolutions of, relating to the construction of fbatteaux at Ticonderoga, sending salt thither, and the practicability of lessening the depth of wa- ter in the Narrows, and the subject of raising troops for Canada, 250 PAGE. CONTINENTAL CONGRESS — Continued. 113. Resolution of, recommending the exchange of Lieut. Ty lee,. 250 114. Resolutions of, respecting the capture and forfeiture of Bri- tish ships and vessels, 250, 251 115. Resolutions of, permitting select men of Sherbourn in Nan- tucket, to apply for leave to import fuel and provisions from neighbouring Colonies, 251 116. Resolutions of, for a new emission of three millions of dol- lars of Continental paper currency, and provision for re- demption, 251 117. Resolutions of, relative to exportation of produce and provi- sions ; and recommending the manufacture of salt, 252 118. Resolutions of, requesting transmission to, of copies of all petitions, memorials and remonstrances presented by Co- lonies to the King or Parliament, and the answers, if any, thereto, 252 119. Letter from Committee of Safety to delegation in, relative to application of John Foster of Suffolk county, for permis- sion to export live stock for gunpowder, and for sale of vessel belonging to ; relative to importation of British goods, the defence of the port of New-York, the exchange of Lieut. Tylee, &.c 258 120. Letter from Committee of Safety to delegation in, relative to the expediency of providing sundry small armed vessels for the protection of trade in the Colonies, and the seizure of transports with provisions for Ministerial army and navy, 261 121. Letters from John Hancock, President of, transmitting sun- dry resolutions of, directing Gen. Schuyler to explore the river St. Lawrence above and below Quebec, and to con- struct boats, &c. for its defence ; approving of the raising of a battalion of Canadians, and appointing James Living- ston, Esq. colonel thereof; directing and providing for the raising of nine battalions for the defence of Canada, and of four battalions for the defence of the Colony of New- York : requesting Gen. Washington to detach one battalion from the camp at Cambridge to Canada ; and making provision for pay, bounty, clothing, arms and ammunition for Cana- dian army, 265, 266 122. Instructions of, to recruiting officers, 266 123. Accounts of delegation in, presented, 267 124. Letter from delegation in, transmitting information of the appointment of committee to inquire into the expediency of Gen. Lee's proposed expedition to New-York, and relative to the protection of the navigation by cruisers ; answer of Committee of Safety, 275, 276 125. Letter from delegation in, transmitting money for the rais- ing of regiment destined for Canada, 275 126. Letter from delegation in, respecting the application of John Foster, of Suffolk county, to export live stock in exchange for powder, 278 127. Proceedings of Committee of, relative to the expedition of Gen. Lee to city of New-York, 278, 279 128. Letter from Committee of Safety to delegation in, informing of the arrival of Gen. Clinton with transports in the har- bour of New- York, &c 283 129. Letter from Wm. Floyd, a Delegate in, to Committee of Safe- ty, relative to moneys forwarded from, and their intended application, 287 130. Resolution of Continental Congress, for the imprisonment of sundry disaffected inhabitants of Queens county, 289 131. Appointment of committee of Provincial Congress, to take into consideration the several matters recommended by ; report of, 295, 296, 301 132- Letter from delegation in, transmitting resolutions of, rela- tive to the admission of Deputies to Provincial Congress from Richmond county, informing of the obtaining a war- rant on the Continental Treasurer, for $12,000, to aid in raising the four battalions for the defence of Canada, &c; answer of Provincial Congress, 299, 300, 3]6 133. Resolutions of, relative to employment of artificers for build- ing of batteaux at Ticonderoga, by Gen. Schuyler, direct- ing him to issue warrants for completing the regiment di- rected to be raised in New-York, for the service of Cana- da, and recommending the appointment of officers there- of, to be nominated by him, 300 134. Resolutions of, relative to the erection of batteries in the Highlands ; directing a supply of cannon, &c. to General Lee, for the seige or assault of Quebec ; recommending a preference, in the new levies, to those officers serving in in the last Canadian campaign ; for an advance of money for the support of the troops employed in the defence of the Colony of New-York ; recommending the prosecution in the discovery of lead mines at New-Canaan; and trans- mitting copy of a report of Joseph Hopkins, to the Gene- ral Assembly of Connecticut, thereon, 317, 318 135. Letter from Provincial Congress to delegation in, request- ing information of promotions made by, in the Canadian service, 319 136. Resolution of, for payment of B. Romans, 322 137. Letter from Provincial Congress to delegation in, respecting pay of minute men, 325 138. Letter from Jas. Duane, a Delegate in, to Provincial Con- gress, respecting the raising of troops for Canada, choice of officers, &c 325 139. Letter from Provincial Congress to, transmitting a list of field officers recommended for the four Colonial bat- talions, 328 1132 INDEX. PAGE. CONTINENTAL CONGRESS-Continued. 140. Letter from Provincial Congress to delegation in, requesting permission to Patrick Sinclair, lieutenant-governor and superintendent at Missilimacana, to return to Great Bri- tain, 345 141. Letter from Provincial Congress to delegation in, requesting the fitting out of armed vessel, to join one from Colony, for the protection of trade, &c 354 142. Instructions of Provincial Congress to delegation in, relative to commissioning private vessels, and issuing letters of marque and reprisal, 357 143. Letter from John Hancock, President of, to Committee of Safety, transmitting resolution of, requesting the Governor of Connecticut, and the Convention, &c. of New-York and New-Jersey, to hold the militia of those States in readiness to march to the defence of New- York, when- ever the commander at that place shall desire, 370, 375 144. Resolutions of, ordering the raising of eight thousand men, for the defence of Colony of New-York ; directing Cols. Irvine, Dayton, Shee and Magaw to march their battalions thither ; and recommending the disarming of disaffected persons, 375 145. Letter from delegation in, accompanying request of Dele- gates from Maryland, requesting loan of cannon for de- fence of Baltimore, 377 146. Letter from delegation in, respecting the imposition of test oaths by Gen. Lee, the appointment of officers for New- York battalions ; and permission to Patrick Sinclair to return to Europe, 379 147. Resolution of, prohibiting the exaction of test oaths by mili- tary officers, 379 148. Letter from Provincial Congress to delegation in, respecting correspondence with Maj. Douglass, relative to the com- mand of the lakes, and recommending Capt. Wynkoop therefor 382 149. Letter from James Duane, Esq. one of Delegates in, trans- mitting resolution of, respecting commissary of Pennsyl- vania battalion, serving in New-York, 383 150. Answer of Committee of Safety, 387 151. Resolutions of, authorizing the issuing of letters of marque and reprisal, to the commanders of private ships of war, and instructions to such commanders, 407, 408 152. Resolutions of, relative to supply of arms for the troops,... 426 153. Letter from John Jay, a Delegate in, requesting an examina- tion relative to oath administered by Gov. Tryon, to pas- sengers in packet ; appointment of committee thereon, ... 428 154. Resolution of, regulating the sale of tea, 440 155. Resolution of, requesting the transmission of muster rolls and accounts, by the several governments from whence militia were sent for the defence of the city of New- York, 440 156. Resolution of, for numbering the inhabitants of the several Colonies, 451 157. Resolution of, for the appointment of committee to superin- tend the treasury, and for the production of accounts of the several Colonies, 451 158. Resolution of, for the formation of a plan of government,. . 460 159. Letter from John Hancock, President of, to Provincial Con- gress, on the aspect of public affairs ; transmitting resolu- tions, for the reinforcement of the army in Canada and at New-York, for the establishment of a flying camp in the middle Colonies, the appointment of brigadier-generals, the protection of stock, and the working of lead mines, 481, 482 160. Answer of Provincial Congress, 483 161. Letter from delegation in, requesting instructions from Pro- vincial Congress, relative to the question of Indepen- dence, 488 162. Letter from John Hancock, President of, to Provincial Con- gress, giving advice of the approach of a British fleet and army, under command of Gen. Howe, 493 163. Resolutions of, prohibiting the exportation of salted pork and beef, and recommending effectual provision for detect- ina, restraining and punishing disaffected and dangerous persons, 497 164. Letter from John Hancock, transmitting resolutions of, re- commending the Provincial Convention to empower the general at New-York to call out the militia to his assis- tance, to impress carriages and water craft, and remove vessels from Hudson's and East river: resolutions of Pro- vincial Congress therefor, 501, 502, 503, 504 165. Letter from John Hancock, enclosing resolution of, for rais- ing a new regiment of Continental troops in the Colony of New-York 504 166. Letter from John Hancock, enclosing resolution of, directing the different Colonies to provide clothing for the Conti- nental troops, and to store the same, subject to the dis- position of the Commander-in-Chief, 504 167. Letter from John Hancock, enclosing resolution of, declaring all persons levying war against the United Colonies, ad- ' hering to their enemies, or giving them aid or comfort, guilty of treason; and recommending the passage of laws for their punishment, and also for the punishment of per. sons counterfeiting the Continental bills of credit, 506 168. Letter from John Hancock, enclosing resolution of, commis- sioning Major Dubois as colonel of the regiment directed to be raised in New-York, with instructions to raise a regi- 169. 170. 171, 172. 173. 174. 175, 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 192. 193. PAGE CONTINENTAL CONGRESS— Continued. ment to serve for three years, or during the war, and also appointing other officers of said regiment, 510 Letter from delegation in, enclosing Declaration of Indepen- dence, ... 516, 5 17 Resolutions of Provincial Congress, approving thereof, and authorizing delegation in, to concert and adopt all such measures as they may deem conducive to the happiness and welfare of the United States, 518 Letter from Convention to, relative to the nomination of of- ficers of additional regiment of militia in New-York; the enlistment into the British service, by Gov. Tryon, of cer- tain disaffected persons ; and the propriety of expunging from the Book of Common Prayer, such parts as inter- fere with the interests of the American cause 520, 521 Letter from John Hancock, President of, enclosing the De- claration of Independence, 521 Answer of Convention, 521 Letter from Convention to, transmitting resignations of sun- dry officers, 522 Letter from Convention to, respecting the disposition of the stock on Nassau island, 534 Letter from John Alsop, a Delegate in, resigning his seat,. . 536 Letter from Convention to delegation in, communicating such resignation, 537 Letter from Convention to delegation in, relative to the with- drawal of the troops from the city of New-York ; the con- dition of the levies ordered to be raised from the militia; the aid received from other States ; and the expenses of obstructing the navigation of the Hudson river,. ... 560, 561 Letter from Convention to Delegates in, requesting permis- sion to employ the smiths engaged in furnishing the Con- tinental vessel at Poughkeepsie, on the fortifications of the Hudson river, and in the obstructions to its passage at the Highlands, 506 Answer of Philip Livingston, 605 Resolution of, authorizing the employment of the smiths en- gaged in the service of the Continental army, in obstruct- ing the navigation of the Hudson river, 605 Letter from Committee of Safety to delegation in, informing of resolutions for the reinforcement of the forces at the Highlands, 617 Letter from Convention to delegation in, transmitting reso- lutions approving of the conduct of Gen. Schuyler, and requesting the withdrawal of his resignation, and an in- quiry into his conduct, 635 Letter from Delegates in, transmitting information of the forwarding of a quantity of powder, and resolutions of, ordering the German battalion to join the army under General Washingston, requesting a reinforcement to the garrison at the Highlands, ordering two companies of marines from Philadelphia to that station, directing ap- plication to the Council of Safety of Pennsylvania, for one-half of the artillery men in service of that State to proceed to Fort Montgomery; and approving of the measures of Convention for the defence of the High- lands, 652 Resolution of, for advancing loan to the State of New- York, 653 Letter from John Hancock, President of, transmitting reso- lutions for the raising of eighty-eight battalions, to serve during the war, and fixing the proportion of each State, authorizing a bounty of $20 to each non-commissioned officer and soldier ; making provision for grant of lands and fixing the proportion thereof among the several offi- cers and privates continuing in service until the close of the war; and regulating the payment of such bounty; answer of Convention, 653, 654, 657 (See Morris, Lewis.) Letter from Philip Livingston, a Delegate in, informing of the obtaining an additional loan from, &c. answer of Con- vention, 656,658 Letter from John Hancock, President of, to Gen. Schuyler, transmitting resolutions of for the raising of additional battalions, &c 668 Letter from John Hancock, President of, transmitting resolu- tions of, providing for the examination of candidates for surgeon and surgeons' mates, in the army; answer of Committee of Safety, 669, 680 Letter from John Hancock. President of, transmitting reso- lutions of, increasing the pay of officers and soldiers en- listing and serving during the war, and urging the neces- sity of filling up the army, 675 Letter from committee of, for the purchase of clothing for the army, transmitting $10,000 to Convention to be ap- plied for that purpose 676 Letter from marine committee of, relative to the safety of the Continental ships building at Poughkeepsie 684 Letter from Committee of Safety to, informing of the ar- rangement of officers of the four New- York battalions, anil requesting permission to organize a fifth battalion,. . 715 Letter from Committee of Safety to, respecting the obstruc- tion of the navigation of Hudson's river, the propriety of prohibiting the exportation of flaxseed, and the wanton destruction of public and private property at the AVhite Plains and elsewhere by the American troops, 723, 724 INDEX. 1133 194. 195. 196. 197. 198 199. 200. 201. 202. 203. 204. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. PAGE CONTINENTAL CONGRESS— Contintjed. Letter from Francis Lewis, chairman of marine committee of, respecting the destination of the Continental frigates at Poughkeepsie, 730 Answer of Convention, 737 Letter from delegation in, transmitting resolutions recom- mending the passage of laws for preventing the counter- feiting or forging the tickets of the public lottery ; and empowering the State of New-York to raise an additional battalion on the Continental establishment ; and inform- ing of the presence of Gen. Washington, with the army at Trenton, and of Gen. Cornwallis at Brunswick, 747 Resolution of, relative to transmission of receipts of offi- cers receiving money for the militia, reinforcing the ar- mies of the United States, 763 Letter from Francis Lewis, chairman of marine committee of, relative to Continental frigates, and informing of reso- lutions of, investing Gen. Washington with powers for six months to regulate the armies, and increasing the num- ber of battalions, and relative to sundry articles of cloth- ing purchased for the troops of the State of New-York, 763, 764 Letter from John Hancock, President of, enclosing sundry resolutions of, vesting additional powers in Gen. Wash- ington, recommending the appointment of a day for fasting and prayer in each State, and a general reforma- tion of manners, and prohibiting the exportation of salt- ed beef and pork, &c. and answer of Committee of Safe- ty, 770,787 Letter from Committee of Safety to, transmitting preamble and resolutions relative to the condition of Cumberland and Gloucester counties, and requesting the recall of com- missions granted by, to Col. Seth Warner. 778, 779 Letter from Committee of Safety to, relative to the condi- tion of the levies raising in this Stale, 783 Letter from John Hancock, President of, transmitting reso- lutions of, providing against the depreciation of Continen- tal currency, declaring that the same shall be deemed equal in value to their nominal amount, recommending the enactment of laws for punishing all attempts to de- preciate such currency, for making bills of credit a legal tender in payment of debts, for providing a sinking fund, and for raising taxes for the public service ; authorizing an additional loan of two millions of dollars, and directing the receipt of bills of credit by commissioners of the loan office 789, 790 Letter from Committee of Safety to Delegates in, respect- ing condemnation and sale of prizes taken by Captain Rodgers, of the armed sloop of war Montgomery, &c. . 805 Letter from Committee of Safety to, relative to the disaf- fected subjects of this State in the three northeastern counties, 820, 821 Letters from John Hancock, President of, transmitting reso- lutions of, approving of the spirited exertions of this State, &c. and appointing a committee to inquire into the conduct of the Hessian officers and soldiers, 825 Circular letter from, enclosing the Declaration of Indepen- dence, with the names of the signers, and a resolution that the same be put on record, and preserved among the archives of the several United States ; answer of Con- vention 825,830 Letter from John Hancock, President of, transmitting reso- lutions of, relative to regulating the price of provisions, &.c. in the eastern States, recommending the adoption of the most effectual means for manning the Continental frigates, and for avoiding as much as possible the farther emission of paper currency, and sinking that already emitted ; answer of Convention,. . . 825, 830 Letter from John Hancock, President of, transmitting reso- lutions of, desiring this State to guard the passes at the Highlands with militia, 829 Letter from Convention to, relative to the condition of the fortresses at the Highlands ; and recommending the ap- pointment of General George Clinton to the command thereof, 840 Delegates from this State in, requested to repair to Conven- tion for the purpose of explaining sundry acts and resolu- tions of, affecting the State, 855 Appointment of William Duer, as a Delegate from this State, in, 855 Resolution of Convention fixing the compensation of the Delegates from this State in, 857 Letter from Francis Lewis, one of the Delegates from this State in, relative to the disposition of the clothing and other cargo of the sloop Montgomery, 858, 859 Letter from John Hancock, President of, transmitting reso- lutions of, appointing General George Clinton to the com- mand of the fortresses at the Highlands, 850, 08g Letter from Convention to, requesting a supply of salt from the Continental stores 861 Instructions to Delegates from this State in, relative to the claims of Delegates pretending to represent the northeas- tern counties in ; the appointment of Col. Seth Warner to the command of a regiment in this State ; the communica- tion of, and opposition to, resolutions of, infringing the rights or jurisdiction of this State, and consent to any plan of confederation, 869 284 PAGE. CONTINENTAL CONGRESS— Continued: 216. Letter from John Hancock, President, of, transmitting reso- lutions of, for the belter regulating the pay of the army; for the better regulation and establishment of hospitals ; respecting the muster-master's department; recommend- ing an inquiry into the recruiting service ; for exempting persons procuring substitutes ; and for repealing sundry articles of war, and substituting others in their stead,. . . . 899 217. Requisition on Treasurer in favour of William Floyd, for compensation as a Delegate in, 905 218. Election of Delegates to represent this State in, and vote of thanks to former delegation, for their long and faithful services, 931 219. Letter from Delegates in, respecting the investigation into the several charges preferred against Gen. Schuyler, and his reinstatement to his command, 941 220. Letter from James Duane, one of the Delegates in, relative to negotiations with France and Spain, &c 943 221- Resolutions of, respecting the adjustment of accounts with the several States for the recruiting service, 945 222. Letter from Council of Safety to Delegates in, relative to the publication, in this country and Europe, of report of, rela- tive to the treatment, by the British, of their prisoners,. . 947 223. Letter from Council of Safety to Delegates in, respecting factious proceedings in the northeastern counties of the State, 947 224. Report of committee of the treasury of, relative to accounts of Genls. Schuyler, Montgomery, Jonathan Trumbull, Jr. paymaster-general, and Walter Livingston, deputy com- missary-general 951, 952 225. Resolutions of, declaring Albany, Ticonderoga, Fort Stan- wix, and their dependencies, to form the northern depart- ment, and assigning the command thereof, to General Schuyler, 952 226. Report of committee, and resolutions of, respecting a com- plaint of the Indians relative to the intrusion of inhabi- tants of the State of Pennsylvania into their lands, 952 227. Resolution of Council of Safety, presenting their thanks to, for Ihe efficient defence of the character of Gen. Schuy- ler, 952 228. Letter from Delegates in, respecting the reinstatement of Gen. Schuyler to the command of the northern depart- ment ; the revolt in the northeastern counties ; the boun- daries of the State, 229. Letter from Delegates in, transmitting report of marine com- mittee, and resolutions of, respecting the manning and fit- ting of two galleys for the defence of Hudson's river,. . 958, 959 230. Letter from Council of Safety to Hon. John Hancock, Presi- dent of. relative to the filling out and command of such galleys 231. Letter from Council of Safety to delegation in, 232. Letter from Council of Safety to delegation in, respecting the release of certain prisoners belonging to this State, confined in the jail at Philadelphia, 970 233. Letter from delegation in, transmitting resolutions of, for the sale of a quantity of salt to Council of Safety, 980, 981 234. Letter from delegation in, transmitting resolutions of, respect- ing abuses in the commissary's department, 980 235. Letter from delegation in, transmitting resolutions of, re- specting the proceedings and prospects of the Continental army 980 236. Resolutions of, respecting the rank of officers of the army, &c 983, 984 237. Letter from Council of Safety to Delegates in, on the sub- ject of the revolt in the northeastern parts of the State, 984, 985 238. Letter from Council of Safety to Francis Lewis, chairman of marine committee, requesting him to desist from the further purchase of salt, and to forward his accounts for collection, 985 239. Letter from marine committee of, to Council of Safety, re- questing their assistance in fitting out the Continental fri- gates, for the obstruction of the Hudson river, 992 240. Letter from John Hancock, President of, transmitting reso- lutions of, for supplying the troops at Ticonderoga with blankets, 997 241. Letter from delegation in, respecting the manufacture of salt; the account of State prisoners sent to Philadelphia ; the expenses for the obstruction of the navigation of Hud- son's river ; and proceedings relative to the organization and establishment of a new State from the northeastern counties, 998, 999, 1000, 1001 242. Resolutions of, relative to the claims of the inhabitants of the northeastern portions of the State to an independent State, to be called the State of Vermont, 998, 999 233. Answer of Council of Safety to letters from delegation in, transmitting the foregoing resolutions 1003, 1004 244. Letters from John Hancock, President of, transmitting reso- lutions of, relative to a reinforcement of the Continental army 1008 245. Letter from Gen. Schuyler to, informing of the retreat of the army under his command, to Saratoga, and of his pro- ceedings and prospects, 1028, 1029 246. Letter from delegation in, to Council of Safety, respecting the application for the recall of Gen. Schuyler from the command of the northern army, and the reinstatement of Gen. Gates, 103-3 953 966 966 1134 INDEX. 1. 2. PAGE. CONTINENTAL CONGRESS— Continued. 247. Letter from Council of Safety to delegation in, respecting the condition of the northern frontiers, 1038, 1039, 1042 248. Letter from Council of Safety to President of, transmitting information of the raising of the siege of Fort Schuyler, the battle of Bennington, and the retreat of Gen. Bur- goyne, 1048 249. Answer of Delegates, 105o 250. Letter from Council of Safety to Delegates in, relative to the loss of Fort Montgomery, and the proceedings of the enemy, 1072 251. Letter from Council of Safety to, respecting the convention with Gen. Burgoyne, on the surrender of his army, 1075, 1076 252. Letter from James Duane, a Delegate in, to Council of Safety, 1091 253. Letter from Council of Safety to Delegates in, respecting con- tracts for the manufacture of hides and leather, 1102 254. Letter from Convention to Delegates in, transmitting ac. counts and vouchers of disbursements paid by this State, for prisoners of war, 1114 255. Letter from Francis Lewis, a Delegate in, to Convention, respecting the purchase of woollens for the use of the troops, and informing of the ratification, by the Legisla- ture of Virginia, of the Articles of Confederation, 1H6 256. Letter from Francis Lewis, a Delegate in, to Convention, re- specting abuses in the commissary's and quarter-master's departments, 1117 257. Resolutions of Convention, authorizing and requesting dele- gation in, to appoint a person to make up into clothing such of the woollens purchased for the troops of this State, as are proper for that purpose ; and to deliver the same to the commanding officers of the two Continental battalions raised under the direction of this State, 1117 258. Resolutions of, recommending the several eastern and mid- dle States to appoint commissioners, to meet at New-Ha- ven, for the regulation of the prices of labor, manufactures and internal produce, and the charge of innholders, &c. . 1117 CONTINENTAL FRIGATES. (See Ships and Vessels, 93, 94,96, 97, 98, 99, 100, 101, 102, 103, 108.) (See Tudor, Samuel, 2 ) (See Bicker, Victor, Jr.) (See Continental Congress, 206.) Resolution of Convention for embodying an armed force, to guard at Esopus Landing, 904 (See Hudson River, 47 to 53.) Appointment of Daniel Shaw as 1st lieutenant of the Con- gress, under the command of Capt. Thomas Grennel, 1001 3. Letter from Council of Safety, to marine committee of Con- gress, respecting officers of, &c 1015 4. Letter from Council of Safetyto Capt. Grennel, 1015 (See Clinton, George, 50.) CONTINENTAL LOAN OFFICE. (See Commissioners of Loan Office.) (See Ten Broeck, Dirck.) CONTINENTAL PAPER CURRENCY. 1. Appointment of committee to consider the expediency of emit- ting, 2. Letter from Provincial to Continental Congress, relative thereto, 3. Report of committee on ; merchants of the city desired to at- tend discussion thereof, 15, 18, 19 4. Report unanimously agreed to, and copy, together with letter, directed to be sent to Continental Congress, 20 (See Continental Congress. 11.) 5. Letter from Delegates in Continental Congress, respecting, 30, 39, 46, 47, 64, 84 f>. Answers of Provincial Congress, 32, 33 7. One hundred and seventy-five thousand dollars of, delivered to Treasurer, 116 8. Resolution of Provincial Congress, for emission of £45,000, to defray expenses incurred by Colony, 128 9. Letter to Delegates in Continental Congress, relative to emis- sion of, 212 10. Resolutions of Provincial Congress relative to redemption and sinking of, 223 Directions for receipt of additional sum of, from Continental Congress, 224 Receipt of, and delivery to Treasurer, 244 Resolutions of Continental Congress for a further emission of three millions of dollars of, and provisions for its re- demption, 251, 252 (See Colonial Paper Currency.) Loan officers directed to receive in payment of loans 350 15. Appointment of committee to devise ways and means for pre- venting depreciation of, 775 16. Resolutions of Continental Congress for the prevention of the depreciation of, and recommending the passage of laws for the punishment of such offence, 789, 790 (See Bills of Credit.) 17. Resolutions of Continental Congress recommending to avoid the further emission of, and to sink (hat already emitted,. 825 18. Resolutions of House of Representatives and Council of Mas- sachusetts Bay, appointing a committee to confer with committee of this and the eastern States, relative to the depreciation of, 994 14 14 11. 12. 13. 1-1 PAGE. CONTINENTAL PAPER CURRENCY— Continued. 19. Appointment of committee by Council of Safety, and answer of Council, 1002,1003, 1009 20. Letter from John Sloss Hobart, respecting transmitting amount of bills of credit emitted and in circulation, in New- York and the New-England Slates, 1029, 1030 CONVENTION OF SENATE AND ASSEMBLY. 1. Organization, list of members, and proceedings of, 1061, 1062 CONVENTION OF REPRESENTATIVES OF THE PEOPLE OF THE STATE OF NEW-YORK. Resolution of Provincial Congress changing the style of, to, 519 Adjournment to Harlem, 548 do to Fishkill, 599 to 600 Members, directed to furnish themselves with arms and am- munition, to prevent surprise, 672 5. Adjournment to Kingston, 802, 803 COOK, GEORGE. 1. Petition of, for employment in making beltsand pouches,. ... 87 COOKE, SAMUEL. I. Appointment of, as surgeon of third regiment, 62, 121 (See Livingston, Henry Jr.) COOMBE, GEORGE. 1. Appointment of, as commissary of provisions to the militia of Tarrytown, 524 COOPER, GILBERT. 1. Appointment of, as muster-master of Capt. Robert Johnson's company, 96 2. Appintment of, as lieutenant-colonel of regiment of militia in Orange county, 528 CORNELL, JOHN. 1. Order for delivery of horse to, left at Mr. Waldron's stable by George Nicholson ; and provision for keeping, 148 3. Permission to, to prosecute therefor, 180 CORNWALL. (See Orange County.) CORNWELL, ASPINWALL. 1. Choice of as ensign, in Capt. John Sands' company of militia, in Queens county, 173 COUNCIL OF APPOINTMENT. 1. Proceedings of Convention, in framing Constitution relative to, 875,876,877,890 COUNCIL OF REVISION. 1. Proceedings of Convention, in framing Constitution, relative to, 860,862,891,892 COUNCIL OF SAFETY. 1. Organization and choice of, 910, 911,1062 2. Adjournment of, to Poughkeepsie, 1103 COUNTERFEIT BILLS. (See Westchester County, 47, 49, 50.) (See Ulster County, 44, 67.) (See Suffolk County, 62.) (See Prisoners, 94.) (See Continental Congress, 167.) (See Bills of Credit, 7, 8.) (See Resolutions of Convention, 22.) COUNTY COMMITTEES. Recommended to be formed, 15, 18 Directed to purchese or hire arms for use of Continental ar- my, 103 Authorized to apprehend, try and imprison suspected persons, and to sequester estates, &c 131, 132 To appoint assessors and collectors, for the apportionment and collection of the quotas of the several counties, for the redemption of bills of credit, and to act as supervisors,.. 134 To appoint county treasurers ; duties and fees of, 134 Chairman of, with aid of militia officers, to carry into execu- tion resolution of Committee of Safety, for impressment and appraisal of arms in the hands of persons not having signed the general association, 150 Authorized to call in assistance, when necessary, from neigh- bouring Colonies, 214 Authorized to imprison persons refusing to appear and give testimony, when required, 215 Circular from Committee of Safety to, respecting election of Delegates to General Assembly, 236,240 Circular from Committee of Safety and Provincial Congress, respecting the enlisting of men in the four Continental re- giments, and the choice of officers, 269, 308 Resolutions of Provincial Congress authorizing loans to, for the public service, 356 Circular to, requesting a return of the names of recruiting of- ficers, and the number of men enlisted, and to cause such troops to be forwarded to the city of New- York, 396 Circular to, respecting the forwarding of arms taken from dis- affected persons, 417 Circular to, requesting an enumeration of inhabitants, &c 458 (See Resolutions of Convention, 29.) Authorized and directed to retail Bohea tea, at fixed prices and limited quantities, 682 Authorized to grant passes to travellers, &c 706 INDEX. 1135 PAG3. COUNTY TREASURERS. (See County Committee, 5.) COURT OF ADMIRALTY. (See Admiralty.) COURTS OF JUSTICE. (See Duer, William, 3.) (See Charlotte County, 2.) (See Resolutions of Convention, 4.) 1. Proceedings of Convention in framing a constitution relative to the organization of, 882 2. Draft of commission for holding courts of oyer and terminer and general jail delivery in this Slate, 948, 949 COURTS MARTIAL. (See Resolutions of Convention. 123.) 1. Proceedings and testimony before, in the cases of Samuel Knap and Samuel Devine, on charge of treason, 814,815 2. Letter from Gen. McDougall, transmitting proceedings of, on the trial of Simon Maybee, charged as a spy ; confirmation of, 883, 884 3. Letter from Gen. McDougall, transmitting proceedings and sentence of, in the cases of John Williams, Job Babcock, Anthony Hill and Thomas Barker, charged with traitor- ous correspondence with the enemy, , 902 4. Confirmation of, in the cases of John Williams and Anthony Hill, and pardon under the gallows to Job Babcock after the executions of the others, 904, 905 5. Letter from Gen. George Clinton, transmitting the proceed- ings and sentence of, against sundry persons tried at Fort Montgomery, and proceedings of Convention thereon, 908, 909, 922 to 926, 927, 928 6. Pardon to William Tielts and Hendrick Crispell, 909 7. Letter from Convention to Gen. George Clinton, respecting prisoners sent by him, 914 8. Pardon to sundry persons condemned by, 939, 943 9. Letter from Gen. McDougall, transmitting proceedings of, against John Likeley and Anthony Umans; answer of Council of Safety 964, 965 10. Proceeding of Council, in the case of James Huetson, and confirmation of sentence, 968, 969 11. Proceedings of Council in the case of Robert Coventry,. . . . 969 12. do do do Israel Osborn, 969 13. do do do Benj. Ingraham, Asa Beebe and Moses Wooster, 969 14. Proceedings of Council in the case of Jesse Bullis, 969, 970 15- do do do Jacob Miller, 970 16. do do do John Clint, 970 17. do do do Arnout Viele, 970, 971 18. do do do William Frazer, 971 19. do do do Thomas Blewer, 971 20. do do do Alexander Patterson, . 971 21. do do do Thomas Frazer, 971 22. do do do Thos. Veile and others. 23. Letter from Brig. Gen. Ten Broeck, transmitting proceedings of, in case of Andries Huyck, of Schodack, in the manor of Rensselaer wyck ; confirmed, 984 24. Pardon granted to Jacob Furler, Jr. Cornelius Furler and Coenrad Mysener, condemned at, 987 25. Pardon granted to Walter Stouter, 991 26. do do William Kelder, 906 27. Letter from Gen. Putman, transmitting proceedings and sen- tence of, in the case of Edward Palmer, tried and convict- ed as a spy, 1020 COVENHOVEN, NICHOLAS. 1. Appointment of as lieutenant-colonel of the militia drafted from Kings and Queens counties, 568 2. Examination of, on his escape from the British troops as a prisoner 598 CRANE, JOSEPH. 1. Appointment of, as captain-lieutenant in Captain Sebastian Bauman's company of artillery, 403 CRANE, WILLIAM, LIEUT. 1. Requisition on Treasurer in favour of, for £30 to pay for billeting money and men, 142 CREGIER, CORNELIUS. 1. Appointment of, as assistant commissary of clothing store,. . 807 CROTON RIVER. 1. Directions to Brig. Gen. Morris and Captain Townshend, to march to the mouth of, 541 CROWN-POINT. (See Ticonderoga and Crown-Point.) CUMBERLAND COUNTY. 1. Letter to Col. James Rogers, of Kent, 21 2. Names and credentials of Delegates from, to first Provincial Congress, • 49 3. Information respecting State of: and appointment of com- mittee thereon, 69 4. Appointment of member of Committee of Safety for 70 5. Resolution of committee'of, empowering Delegates in Provin- cial Congress to act singly, 105 6 Samuel Wells, of, requested to attend before Committee of Safety, V«V" 145 7. Letter to committee of, requesting the attendance of Dele- gates from, in Provincial Congress, 199 PAGE . CUMBERLAND COUNTY— Continued. 8. Names and credentials of Delegates from, to second Provin- cial Congress, 226 9- Letter from Col. James Rogers, declining the office of briga- dier-general of militia for political reasons, 228 10. Objections of inhabitants of Putney, Westminster and Ful- ham townships in, against the gentlemen recommended by county committee as field officers of, 228 11. Association in Townshend, 228 12. Field officers for regiments of militia and of minute men in, appointed. 237 13. Recommendation to committees of, and of Charlotte and Gloucester, to nominate a brigadier-general of militia 237 14. Committee of, directed to report list of officers under the rank of field officers, 237 15. Committee of, directed to nominate field officers for lower re- giment of militia in said county, 237 16. Letter from Samuel Stevens of, relative to the appointment of field officers in, 238 17. Letter from Committee of Safety to committee of, relative to divisions and dissentions in, 242 18. Permission to Dr. Paul Spooner, a member of Committee of Safely from, to return home ; and provision for expense,. . 243 19. Return of militia officers of first regiment of, 324,331 20. Letter from committee of, respecting pay of Delegates from, to Provincial Congress, and order of Provincial Congress thereon, 331 21. Letter from Samuel Gale, clerk of, complaining of seizure of and imprisonment in Fairfield county, Connecticut ; resolu- tions and proceedings of Provincial Congress thereon, 339, 340, 365 22. Letters from Provincial Congress to committee of Fairfield county, requesting the immediate discharge of said Samuel Gale, 365 23. Names and credentials of Delegates from, in third Provincial Congress, 496 24. Names and credentials of Delegates in fourth Provincial Congress, 515 (See Militia, 25.) (See Bayley, Jacob.) 25. Letter from committee of, respecting the institution of a form of government, 587 26. Reservation by committee of, of right of seceding from the government of this State ; and acknowledgment of juris- diction by Deputies from, 646 27. Interrogatories propounded by Convention to Deputies from, and their answers relative to such jurisdiction, 647 28. Report of Committee, on application of Joab Hoisington, commander of company of rangers, for the defence of, and relative to the claim of, jurisdiction of this State, over, 659, 660, 661 29. Resolutions of Convention thereupon, 661 30. Report of committee relative to condition of, 775, 776 31. Preamble and resolutions of Committee of Safety thereon ; and letter to Continental Congress, requesting the recall of the commissions granted to Col. Seth Warner and his offi- cers, 777, 778, 779 32. Letter from Committee of Safety to Continental Congress re- lative todisaffections in, 820, 821 33. Instructions to delegation in Congress relative to claim of re- presentation in Congress from, &c 869 34. Election of Paul Spooner as sheriff of, 912 (See Resolutions of Convention, 137.) 35. Recommendation to inhabitants of, to form associations, &c. 921 36. Representation of committee of, giving an account of the state of said county, as to the revolted subjects who set up an independent government, 995 37. Letter from Paul Spooner, resigning his office as sheriff of said county, 995 (See Vermont.) CURRENCY. (See Continental Paper Currency. (See Colonial Paper Currency.) (See Bills of Credit.) CURRIE, DAVID. 1. Appointment of as commissary, &c. bond of; and requisition on Treasurer in favour of, 953 CURTENIUS, PETER T. (See Commissary.) 1. Resolutions of Provincial Congress for the appointment of as commissary, for the purchase of stores and provisions, and the engagement of artificers and mariners ; commis- sions to be allowed to ; and agreement to indemnify, and to allow interest on advances of, 27 2. Instructions and directions to, by Provincial Congress, 27 3. Acceptance of, 27 4. List of men and articles directed to be furnished by and for- warded to south end of Lake George, 28 5. Powder in custgdy of, to be sent to committee at Albany,. . . 30 6. List of artificers and stores directed to be provided by, and forwarded to Ticonderoga, 32 7. Directed to give a receipt for certain powder obtained from Elizabethtown, for use of Provincial army at Massachu- setts Bay, ■ ■ 37 8. Directed to purchase sundry articles of provisions for use of troops, and forwarded to Albany, 40, 78 1136 INDEX. PAGE. CURTENIUS, PETER T.— Continued. 9. Directed to purchase sundry articles of military stores, 45, 76, 81, 94 10. To purchase blankets and forward to Albany committee,... 55 11. To procure sundry articles of clothing and ammunition for Colonial troops, 59, 65, 75, 99 12. To procure sundry articles of clothing and ammunition for troops at Ticonderoga, 60, 93 13. Authorized to purchase certain articles of Messrs. Robert and John Murray. 65, 97 14. To procure drums for use of troops, 65 15. To provide provisions and tents for first regiment, 65, 85 16. To supply utensils for armourer of Connecticut troops ; se- parate account to be kept, 66 17. To forward to Albany hospital stores for use of Connecticut troops 76 18. To supply sundry articles for armourer of first regiment, 76 19. Letter from Committee of Safety to Delegates in Continental Congress, recommending continuance of employment of, 85, 86 20. To transmit to Albany sundry military stores and medicines for use of second regiment, 94 21. To prevent sundry articles of military stores to Cols. Clinton and Holmes, 99 22. Letter from, respecting purchase of sundry articles from Messrs. Murray, 99 23. Directed to forward certain articles of military stores to Al- bany, 106, 112, 128 24. To furnish arms to Cols Holmes and McDougall, 1 10, 127 24. Treasurer directed to pay £20,000 to, for discharge of debts contracted in the purchase of provisions, military stores, &c 118 25. To purchase sail cloth &c. for tents to be forwarded to Gen. Schuyler at Ticonderoga, 126 26. Order on Treasurer in favour of, for £5,000 to discharge debts coniracted for provisions, military stores, and other necessaries, 130 27. To provide watch coats for sentinels ; expense thereof to be a Continental charge, 134 28. To purchase pistols and cutlasses and forward to Ticonde- roga, 151 29. Treasurer to advance money to, on account, 167 30. To provide certain intrenching tools, 182 31. Examination of, respecting the purchase of blankets, &c. . . 193 32. To deliver to Capt. Skidmore, of Queens county, the arms belonging to company of, and pay appraised value of such as were appropriated to the public service, 227 33. Employment by, of Jacamiah Allen, to furnish lead and bul- lets, 240 34. Accounts of, and balance due to, 253 35. Directed to purchase salt, and transmit to Albany, 253 36. Directed to examine arms preparing for Lord Stirling's troops, and to forbid the sale of arms to persons residing out of the Colony, 253 37. Directed to purchase blankets for soldiers, 253 38. Directed to keep separate acccounts of Continental and Pro- vincial charges, 253 39. Treasurer directed to advance money to, 253 40. Inventory of military stores taken by, out of the lower barracks, by order of Provincial Congress ; and directions for safe keeping and preservation of, 3.3 41. List of articles directed to be provided by, for use of Colo- nial troops, 324 42. Letter from, to Provincial Congress respecting demand of certain hospital stores in possession of ; and letter from Provincial Congress to General Lee thereon, 330 43. Directed to provide sundry artillery stores for defence of the city of New- York, 376 44. Requisitions on Treasurer in favour of, 388, 517 45. Directed to procure suitable clothing for the troops 505 46. Account of, audited by committee of pay table, and requisi- tion on Treasurer in favour of, 506 46. Letter of, informing of the landing of the British troops on Staten Island, without opposition, and of the advancement of detachments to Bergen-Point and Elizabethtown, 517 47. Letter from, transmitting a list of articles contracted for, by order of the Convention. 600 48. Authorized to borrow the sum of £10,000 on the credit of the State, 600 49. Account of leads, ball and flints shipped and delivered by, in pursuance of orders of Congress, 655 50. Requisition on Treasurer in favour of, for payment for cloth- ing to be purchased for the troops, and directions relative to such purchase, 694 51. Requisition on Treasurer in favour of, for balance due on set- tlement of accounts of, * 705 52. Requisition on Treasurer on account, 706 CURTIS, BENJAMIN. 2. Appointment of, as sergeant to first regicient, 380 P. DAN, DAVID. 1. Appointment of, as captain in Col. Thomas' regiment of mili- tia, in Westchester county, 576 DARTMOUTH, LORD. (See New-York City and County, 60, 61.) (See Tryon, Gov. 4, 5.) PAGE. DAVIS, BENJAMIN, alias JOHN JOHNSON. (See Albany City, 25.) (See Indian Affairs, 6.) DAVIS, CAPTAIN JOHN. 1 Return of company of, in Suffolk County, 398 DEANE, GILBERT. 1 Appointment of, as captain of a company of militia in Col. Saral. Drake's regiment, of Gen. Scott's brigade, 654 DEANE, SILAS. (See Continental Congress, 81.) DEANE, WILLIAM Jk. 1. Certificate of Committee of Safety in favor of, and James Newport, assistant, on his departure Irom New-York, for Williamsburgh, in Virginia, 155 DEBT. (See Public Debt.) 1. Resolution of Continental Congress, recommending the pas- sage of laws prohibiting arrest of Continental soldiers, for, 244 DEBTORS. 1. Resolution of Committee of Safety, directing the payment in- to the treasury of all debts due from Gilbert Drake to Wm. Lounsbery, 802 2. Resolution of Committee of Safety, directing the payment in- to the treasury of a debt due from Henry Wisner to Oliver De Lancy, 803 3. Resolutions of Committee of Safety, directing the payment in- to the treasury of all debts due to the loan offices, and to inhabitants removed from the State, or residents of districts within the power of the enemy, 818, 819 DECLARATION OF INDEPENDENCE. (See Independence.) DEDIMUS POTESTATEM. 1. Form of, to administer oaths to the several officers of govern- ment, 935 DE KAY, CAPT. CHARLES. 1. Examination and commitment of, to the custody of Col. Mc- Dougall, 122, 123 DELAWARE. (See Continental Army, 11.) DELLIVAN, CAPT. SAMUEL. (See Rangers, 7.) DEMOTH, CAPT. MARCUS. 1. Requisition on Treasurer for payment and subsistence of com- pany of rangers commanded by, in Tryon county 828 DENMARK. 1. Proclamation of King of, declaring a forfeiture of the estates of all persons bearing arms against the King of Great Bri- tain, in the present contest with America, 792 DENNIS, PATRICK. 1. Appointment of, as 1st lieutenant of Capt. Anthony Rutgers' artillery company, in the city of New.York, 66 DENNISTON, GEORGE. 1. Appointment of, as adjutant, Ulster county militia, 135 DENTON, CAPT. DANIEL. (See Jackson, Geo. Hamilton, 1.) 1. Letter from, to Provincial Congress, informing of the comple- tion of company of, in Orange county, as a part of the Con- tinental battalion, 357 2. Order of Provincial Congress thereon, 357 3. Requisition on Treasurer, in favour of, 360 4. Appointment of, as captain in Col Ritzema's regiment, 405 DENTON, JOSEPH. (See Suffolk County, 14 ) DEPUTY ADJUTANT-GENERAL. 1. Resolutions of Continental Congress, recommending appoint- ment of, 84 2. Letter from Delegates in, recommending Morgan Lewis as a proper person therefor, 90 3. Appointment of William Duer, 91 4. Letter to Continental Consress, informing of, 91 5. Letter from, requesting time to consider of the expediency and propriety of accepting such appointment, in conse- quence of the situation of his private affairs, and certain connections in Dominica, 107 6. Report of committee appointed to confer with, recommending that he be permitted to decline said appointment, 117 7. Appointment of Robert G. Livingston, Jr 117 8. Directed to join the army under command of General Schuy- ler, H7 9. Appointment of Edward Flemming, as 126 10. Directed to join Gen. Schuyler, at Ticonderoga, 126 DEPUTY PAYMASTER-GENERAL. (See Trumbull, Jonathan Jr.) DEPUTIES. 1. Attending the first Provincial Convention, at New-York, April 20, 1775, 1 2. Credentials of, 1, 2, 3 3. Attending the first Provincial Congress, 7 to 16 4. do second do 285,206 5. do third do 44S, 449 DE LANCEY, JOHN. 1. Reprimanded for insult to Mr. Scott, a member of Provincial Congress, during the session of the House, and enjoined to stop all farther dispute between them, 101 INDEX. 1137 PAGE. DE LANCEY, OLIVER. (See Debtors, 1.) DESERTERS. Resolutions of Committee of Safety for the apprehension and punishment of, 155 Letter to Committee of Safety in New- Jersey, 157 Answer of Committee 169 3. Letter to Gen. Washington, respecting, 184 (See Holmes, James, 8, 9.) (See Clinton, James, 7.) (See Orange County, 16 ) 5. Resolutions of Continental Congress, relative to punishment of persons harbouring, 202 (See Suffolk County, 65.) (See Knap, Samuel.) 6. Letter from Gen. Washington, recommending the passage of laws for the punishment of, 799 7. Resolutions of Committee of Safety, directing the apprehen- sion of, and imposing penalties on persons harbouring or concealing, 801 (See Hasbronck, Capt. Elias, 4.) DEVINE, SAMUEL. 1. Proceedings and testimony before court martial, on trial of, on charge of treason ; letter from Gen. George Clinton, and Jesse Woodhull, president of said court; and petition of members thereof, for pardon, 814, 815 DE WITT, CAPT. JACOB RUTZEN. 1. Certificate relative to pay roll of, and requisition on Treasu- rer in favour of, for payment, subsistence and bounty due to company of rangers of, in Ulster county, 685, 720, 776 2. Placed under command of Brig. Gen. George Clinton, 813 DE WITT, THOMAS. 1. Appointment of, as 1st. lieutenant in Capt. Jacobus Bruyn's company, 99 DISAFFECTED PERSONS. 1. Resolutions and proceedings of Provincial Congress respect- ing, in Queens and Richmond counties,. . 216, 229, 230, 231, 252, 289 2. Directing inhabitants visiting the Colony from neighbouring Colonies to furnish themselves with certificates from the committees of their respective jurisdiction, 232 3. Authorizing the purchase of pitch, tar and turpentine for pu- blic use and safety, 232 4. Order for arrest of Alexander Leslie on charge of traitorous correspondence with the enemy, 252 (See Prisoners, 22 to 31.) (See Doughty, Timothy.) 5. Resolution of Continental Congress for imprisonment of,. . . . 289 6. Resolution of Continental Congress for disarming of, &c. 375, 379 7. Appointment of committee to report a plan for disarming, pursuant to such resolutions 386 (See Tories ) 8. Resolutions of Provincial Congress for composition from, for military duty, 440 9. Resolutions of Committee of Safety for the appointment of commissioners to compel the disaffected portion of Colo- nel Graham's regiment of militia, in Rhinebeck precinct, and Colonel Field and Wm. Humphries in Paulding's pre- cinct, to march as directed by resolutions of Convention,. 757 (See Dutchess County, 57, 58.) (See Petitions, 51.) 10. Appointment of committee to report an act of grace for, not charged with treason, who have been sent out of the State, or confined within it, by order of the committee for de- tecting conspiracies, 823 11. Resolutions of Convention therefor, 827 12. Order for apprehending and imprisonment of Samuel Towns- hend, as, 904 13. Resolutions of Convention for the confinement of, on board vessels in the Hudson river to be prepared for that pur- pose, 908 DOORKEEPER. (See Pettit, Thomas.) DOP, PETER. (See Ships and Vessels, 15.) DOUE, THOMAS. 1. Petition of, for relief; examination of; and proceedings of Convention thereon, 949, 950 DOUGHTY, TIMOTHY. 1. Order of Provincial Congress for discharge of, 182 2. Application of, for copy of affidavits against ; denied; 184 3. Arrest and re-imprisonment of, on charge of disaffection,. . . . 288 DOUGLASS, CAPTAIN ASA. 1. Communication of, to Provincial Congress respecting letter of Colonel Allen to Continental Congress, services of, and compensation to, troops who took Ticonderoga, Crown- Point, &c. and desiring the command of forces raised in King's district, 14 DOUW, VOLCKERT P. (See Albany, 35.) (See Caughnawaga Indians.) (See Six Nations, 1.) DRAKE, COLONEL GILBERT. 1. Report of committee and resolutions of Provincial Congress, for allowance to, as compensation for his services and ex- penses in purchasing provisions, 495 285 PAGE. DRAKE, COLONEL JOSEPH. 1. Resolution of Convention explanatory of the preference given to Colonel Thomas, in the appointment of militia of- ficers in Westchester county, and expressing their high re- gard for the integrity, talents and military virtue of, 537 2. Resolution of, and appointment of committee to investigate conduct of, 656 3. Letter from, setting forth his conduct relative to drafting men out of his regiment, and the reasons of his resignation, . . 565 4. Letter from, transmitting an account of proceedings of, 597 5. Letter from Convention to, approving of proceedings of, ... . 598 DRAKE, SAMUEL. Col. of regiment of minute men in Westchester county. 1. Letter from, relative to supply of arms, &c 304 2. Return of officers of company of, in Harrison's precinct ; and requisition on Treasurer for advance to, for use of his re- giment, 314, 328 3. Officers of regiment of, 319,320 4. Return of officers of militia company in, 331 (See Graham Lewis, Lieut. Col.) 5. Appointment as colonial of militia regiment in Westchester county in the Continental service, 489 DREWIDZ, JOHAN CHRISTIAN. (See Prisoners, 10.) DRUMMOND, LORD. 1. Permission for, to repair to the island of Bermuda, for the re- covery of his health ; and certificate in favor of, 405 DRUMS. 1. Directions for procuring, for use of Colonial troops, 65 2. Petition of Samuel Faulkenham and David Woolhaupter, to be employed in making, . . , 75 DUANE, JAMES. 1. Re-election of, as a Delegate in Congress, and vote of thanks to, for his long and faithful service therein, 931 DUBOIS, CORNELIUS J. 1. Appointment of, as second lieutenant in Captain John L. De Witt's company in Colonel Humphrey's regiment of Dutchess county, 525,552 DUBOIS, DAVID. 1. Appointment of, as first lieutenant in Captain Nicholson's, company, 99 DUBOIS, LEWIS. 1. Muster roll of, returned and filed, 112 2. Appointment of, as major of Ulster county militia, 135 3. Appointment of, as colonel of New-York regiment, with in- structions to raise a regiment to serve for three years or during the war ; and appointment of field officers of, .... 510 4. Accounts of billeting company of troops of, in Colonel Clin- ton's regiment, 526 5. Requisition on Treasurer, in favour of, for recruiting service of his regiment, 755 6. Requisition on Treasurer for bounty, 846, 847 7- Letter from General George Clinton, respecting appointment of pay-master and other officers of regiment of; and re- solutions of Council of Safety thereon, 977 DUER, WILLIAM. 1. Communication from, to Provincial Congress respecting cer- tain charges against, and requesting the appointment of a committee of investigation ; appointment of such commit- tee, 42 2. Report of committee in favour of, and order thereon, 43, 44 3. Letter from, respecting combinations of disaffected persons, on New-Hampshire Grants, to stop the courts of justice at Fort Edward; and answer of Committee of Safety, .... 71, 72 4. Letter from chairman of Springfield committee, Massachu- setts Bay, in commendation of conduct of, 76, 77 4. Appointment of, as deputy adjutant-general, 91 6. Letter from, expressing his respect and gratitude for the confi- dence reposed in, and requesting an indulgence of three days to determine whether he can accept the same, incon- sequence of certain connections in Dominica, 107 7. Report of committee appointed to confer with, recommend- ing that under the peculiar circumstances of the case, he be permilied to decline such appointment 117 8. Letter from General Schuyler, respecting petition of, relative to election of Deputies to Provincial Congress from Char- lotte county, 453 9. Letter from General Gates, relative to proceedings of Gen. General Clinton and the Continental army, 750, 751 10. Letter from, to Committee of Safety, relative to proceedings of the army in Westchester county, and the movements of Generals Heath and Wooster 808, 809 10. Appointment of, as a Delegate from this State to Continental Congress, 855 11. Re-election of ; vote of thanks to, 931 DUMOND, EGBERT. 1. Resolutions of Committee of Safety calling upon, to account with the Treasurer for moneys advanced by him, 694 DURLIN, JOHN. 1. Appointment of, as captain of the forces raised in Dutchess county for the quieting and apprehension of disaffected persons, 503 1138 INDEX. PAGE. DUTCHESS COUNTY. 1, Names and credentials of, Deputies from, to first Provincial Convention, 1, 2, 3, 4 2, Proceedings and statement of committees from precincts of Rumbout, Northeast, Amenia and Rynbeck, relative to choice of Deputies 4 3. Names and credentials of Deputies from Provincial Congress, 7, 16 :t. Appointment of member of Committee of Safety, 70 4. General association signed by inhabitants of Amenia pre- cinct 108 :>. Appointment of field officers of regiment of minute men in,. 135 ti. Letter from Egbert Benson, chairman of committee of, in- forming that Mordecai Lester and Messrs. Doughty and Berghs, are said to have enlisted men and purchased sup- plies for the enemy, and order to Col. Lasher to appre- hend said Lester, 138 (See Ships and Vessels, 21.) 7. Letter from chiarman of committee, and sundry certificates relative to arms procured for troops, in, 150 8. Letter from chairman of committee of, enclosing sundry affi- davits against Timothy Doughty, Adam Bergh, Christian Bergh, Jr. and others, 158 9. Discharge of Timothy Doughty, a prisoner arrested in, for certain disturbances ; and grounds of such discharge, 182 10. Letter from President of Continental Congress respecting the raising of recruits in, for the British army by one Grant, and recommending the arrest of said Grant, 188 11. Remonstrance of associated company at Poughkeepsie ; and order for commissions for, 191 12. Letter to Poughkeepsie committee recommending the arrest of Grant, &c 194 13. Return of officers of second minute company in Amenia pre- cinct, 195 14. Letter from Provincial Congress to committee of, transmit- ting resolutions of Continental Congress relative to raising of men from militia of, for occupation and defence of the fortifications at the Highlands, 198 15. Letter from chairman of Amenia precinct in, enclosing asso- ciation signed by Josiah Morse and Andrew L. Harvey, Jr> 202 lti, Letter from Egbert Benson, chairman of committee of, in- forming of the apprehension of Col. Brant, 202 17. Names and credentials of Deputies from attending second Provincial Congress, 205, 293 18. Letters from Egbert Benson, chairman of committee of, in- forming of appointment of corresponding committee in said county, and respecting the raising of troops in for de- fence of the fortifications at the Highlands, 207, 208 19. Resolution of Provincial Congress for confinement of Jaco- bus Oostrum, Johannes Medler and Barnt Lewis, in jail of, and provisions for support of, 208 20. Letter from committee of, respecting apprehension of sundry persons on a charge of aiding Peter Harris in enlisting men for the ministerial army, and requesting extension of authority of, in the citation of witnesses ; resolution of Provincial Congress conferring such authority, 215 21. Letter from Jacobus Swartwout, chairman of committee at Fishkill, containing return of officers of Captain Stephen Brinckerhoff's company, 229 22. Letter from chairman of committee of, informing of the ap- prehension and confinement of Timothy Doughty, on charge of disaffection, 288 23. Letter from chairman of committee of, transmitting recom- mendation of officers for three companies in, for Continen- tal service, 297 24. Return of election of officers of militia company in Pough- keepsie, 311 35. Letter from Zephaniah Piatt, chairman of committee of Poughkeepsie, informing of the raising of three compa- nies in, requesting information as to the destination of the several regiments to be raised for the Continental service, and recommending the appointment of a major in Colonel Sutherland's regiment 314 26. Return of election of officers in a minute company in Char- lotte precinct, in 320 27. Return of election of officers of company of militia in Rum- bout precinct, .... 323 28. Ilelurn of election of officers of several companies in Colonel Jacobus Swartwout's regiment of minute men, 323 29. Return of election of officers of company of minute men in Beekman precinct, 331 30. Return of election of officers of 1st company of 1st regiment of militia, in, 353 31. Instructions to committee of, to permit the exportation of pro- visions from, to New-York, by Abraham Livingston, 376 3?. Letter from chairman of committee of, respecting difficulty in raising troops, and suggesting an augmentation of wages; answer of Committee of Safely, " . . . 385 33. Letter from John Barnes, of Charlotte precinct, in, enclosing alterations in four companies of militia therein, 385 34. Return of officers of militia in Fredericsburgh 390 35. Letter from chairman of Rhinebeck committee, respecting the supply of provisions to Mordecai Lester and Fred. Klein, prisoners in the jail at Kingston, and order of Committee of Safety thereon 415 36. Direc tions to committee of, for the apprehension and confine- PACE. DUTCHESS COUNTY— Continued. ment of Thomas Gibson and Robert Hamilton, on charge of enlisting men for the ministerial service, 430 37. Direction to committee of, for delivery of arms, taken from disaffected persons, to Lieut. Col. Livingston, for the use of Col. Clinton's regiment, 430 38. Names and credentials of Deputies from, to third Provincial Congress, 449 39. Letter from chairman of committee of, informing of the divi- sion of the southern regiment of militia in, and transmit- ting a description of the two regiments thereby formed, and list of persons nominated for field officers, 452, 453 40. Report of committee relative to lead mines in 485 41. Application of chairman of committee of, for an armed force for the quieting and apprehending of disaffected persons in 499 42. Report of committee thereon, and proceedings of Provincial Congress, ordering 499, 500, 503 43. Appointment of Melancton Smith and John Durlin as cap- tains of said companies, 503 44. Resolution of Provincial Congress, directing general commit- tee of, to investigate charges against certain captains in Col. Luddington's regiment of militia, for refusing to per- mit drafts to be made out of their respective companies, for completing the brigade of militia to be raised in said county, , 507 45. Resolution of Provincial Congress, recommending to the bri- gadier.general and committee of, to expedite the comple- tion of the quota of militia directed to he raised in, and to forward their march, &c 507 46. Names and credentials of Deputies from, to third Provincial Congress, at White-Plains, 515 47. Resolution of Conveution for stationing troops raised in, and Westchester counties, at Peekskill, 526 48. Appointment of field officers of regiments of militia in, .... 528 49. Appointment of field officers in Col. Henry Ludenton's regi- ment, 532, 533 50. General committee of, directed to cause the powder mill of John R. Livingston, with the stores and magazines attach- ed, to be guarded, and to order Capt. Melancton Smith to detach a guard for that purpose, 551 (See Clinton, George.) 51. Militia of, ordered to be in readiness to march at a moment's warning, 601 52. Report of committee, respecting the expediency of calling out the militia of, 606 53. Requisition on Treasurer in favour of chairman of committee of Kingston, for the removal of the prisoners of war, to Morristown, in New-Jersey, and letter to committee respect- ing the sale of tea, 609 54. Resolution of Convention, directing committee of, to provide for the immediate raising of a detachment of militia of, for the reinforcement of the garrison at the Highlands, 651 55. Organization and officers of company in, for the detection and suppression of conspiracies, 666 56. Order for apprehension and commitment of Phinehas Ford, on charge of felony, 754 57. Resolutions of Convention, for compelling the disaffected por- tion of militia of, in Rhinebeck precinct, in Col. Graham's regiment, and of Cols. Field and Wm. Humphries' re- giments, in Paulding's precinct, to march to the several posts previously directed by Convention, 757, 776 58. Letter from Nathan Pierce, chairman of committee of Paul- ding's precinct, informing of the number of disaffected in said precinct, add of the measures adopted for their sup- pression ; resolutions of Committee of Safety thereon, 766, 767 (See Quakers, 1.) 59. Letter from Hugh Rea, chairman of committee of Northeast precinct, in, informing of the levy of fines from sundry per- sons refusing to march with the militia, 782 60. Resolutions of Committee of Safety thereon, 785, 786 61. Appointment of committee to inquire into the neglect of a portion of the militia of, to obey the orders of General Clinton 901 62. Receipt from Gerard Bancker, vice-treasurer, to auditor-ge- neral, of pay rolls and other accounts of moneys paid to mi- litia of, 902 63. Appointment of committee to quell an intended insurrection in the manor of Livingston, in, 909 64. Letter from Convention to Col. Robert Van Rensselaer, di- recting the marching of a body of troops to Harman Pest's at Roelof Jansen's kill, for the suppression of such insur- rection, 909 65. Association of exempts in 909, 910 66. Information by Capt. Delavan, relative to insurrections and disturbances in, and appointment of commissioners to quell; instructions to commissioners, 910, 911 67. Letter to Rhinebeck committee, 912 68. Appointment of Melancton Smith as sheriff of, and Henry Li- vingston, clerk 912, 917 69. Appointment of judges of. • 913, 917 70. Report of committee relative to insurrections and disturban- ces in 919 71. Resolution of Convention, authorizing the sequestration of salted beef and pork in, 936 72. Letter to commissioners for detecting conspiracies, &c. in, re- INDEX. 1139 PAGE. DUTCHESS COUNTY— Continued. specting the appointment of sub-committee in, appointed to superintend the removal of Thomas Fisher and family to New- York, 987 73. Resolutions of Council of Safety respecting exempts, &c. in, 1023 DUTCHER, CAPT. WILLIAM. 1. Authorized to raise a company of volunteers to serve in Col. Thomas's regiment, in Westchester county; subordinate officers of, 556, 557 DYCKMAN, SAMPSON. 1. Petition of, for compensation for injury to horse of, by mes- senger to Philadelphia, and appointment of committee to ascertain damage, • 96 E. EARLE, CAPT. TIMOTHY. 1. Appointment of, by Provincial Congress, as muster-master of the troops to be raised in Suffolk county, 70 EAST RIVER. 1. Plan for obstruction of, between the Battery and Nutten island, 575 2. Resolution of Convention authorizing, 577 3. Letter from Gen. Washington respecting, 578 4. Directions to Capt. Rutgers to assist in obstructing the navi- gation of, 593 5. Requisition on Treasurer in favour of Capt. Patrick Dennis, for payment for vessels furnished for the obstruction of, .. 705 ELECTIONS. 1. Directed to be held for choosing supervisors, assessors, collec- tors, and other town officers, in the several towns, manors, precincts and districts in the State, 818, 829 2. Proceedings of Convention in forming a Constitution, relative to, and mode of conducting, &c 866, 867, 892 3. Sheriffs of the different counties directed to give notice of, for choice of Governor, Lieutenant-Governor, Senators and Members of Assembly, 937 4. Petition of field officers of the garrison at Fort Montgomery, for the appointment of commissioners to receive their votes at, and proceedings of Council of Safety thereon, 947, 948, 956, 957, 958 5. Official canvass and certificate of, for Governor, Lieutenant- Governor, Senators and Representatives, 990 ELIZABETHTOWN. 1. Committee of, furnish powder, on request of President of Provincial Congress, for use of army at Massachusetts Bay, 37 (See McCleod, William.) (See New- Jersey.) 2. Letter to committee of, requesting delivery of certain articles purchased of Robert and John Murray, 99 3. Letter to committee of, communicating information from Gen. Washington, respecting the movements of the British troops, and requesting that militia be kept in readiness, 109, 110 4. Letter from committee of, transmitting a quantity of flour, . . 235 5. Letter from Provincial Congress to committee of, requesting the delivery of certain inhabitants of Richmond county, confined at, to the county committee of that county, 315 6. Answer of committee of, 323, 324 7. Letter to committee of, requesting their co-operation in the removal of the stock from Nassau and Staten islands, 511 ELLIS, ALEXANDER. 1. Exculpation of, from censure for furnishing boat to Lieut. Parks, for transporting him, with his baggage, to Nia- gara, 83 ELMENDORF, JONATHAN. 1. Appointment of, as major, in Ulster county militia, 135 2. Return of men, arms and ammunition, in the first regiment in Ulster county, signed by, as lieutenant-colonel, 1008 ELMENDORPH, PETRUS J. 1. Appointment of, as adjutant, in Ulster county militia, 135 ELPHINSTONE, WILLIAM. (See Petitions, 3.) (See Prisoners, 18.) EMBARGO. (See Massachusetts Bay, 24.) (See Resolutions of Convention, 153, 155.) ENGROSSING AND MONOPOLIES.) (See Resolutions of Convention, 87, 109.) (See Schuyler, Philip, 74.) (See Provisions and Supplies, 22.) (See Albany City and County, '73, 96.) ENLISTMENTS. 1. Instructions of Provincial Congress to officers, relative to,. . 57 ENSIGNS. (See Tryon County, 12.) (See Bussing, Abraham.) (See Smith, Richard.) (See Cornwell, Aspinwall.) (See Vergereau, Peter.) (See Holmes, Jonathan.) ENUMERATION OF INHABITANTS. 1. Resolutions of Continental Congress, directing, 451 2. Letter from Provincial Congress to county committees, re- specting, and form of return of, 458 PAGE. ESCHEATED ESTATES AND PROPERTY. (See Lloyd, Henry.) (See Barclay, Thomas.) (See Forfeited Estates.) EVANS, ISRAEL. 1. Appointment of as chaplain to first regiment, 99 EXCHANGE OF PRISONERS. 1. Letter from Committee of Safety to Gen. Washington, rela- tive to, 805 (See Prisoners, 14, 16, 17, 20.) EXEMPTION. (See Flaxseed.) 1. Resolution of Convention exempting Charles Shaw from ser- vice in the militia, 589, 602 2. Resolution of Convention exempting Richard Morris, 654 3. do do Nehemiah Oakley, a coo- per, 782 (See Sterling Iron Works.) EXEMPTS. (See Dutchess County, 65, 73.) 1. Resolutions of Convention authorizing commutation, by, &c. 913, 914 (See Swartwout, Jacobus.) (See Piatt, Zephaniah.) EXPORTATION OF PRODUCE AND PROVISIONS. 1. Resolutions of Continental Congress regulating, 252,770 2. Permission to Nicholas Low, for, 387 3. Permission to Silas Deane and Barnabas Deane, of Connecti- cut, by committee of secrecy of Continental Congress, sanc- tioned by Committee of Safety, 396 4. Letter from Joseph Trumbull, commissary-general, to Pro- vincial Congress, requesting prohibition of, 489 5. Resolutions of Provincial Congress thereon, 489 6. Resolutions of Continental Congress, prohibiting, 497 7. Resolutions of Convention of New- York, 537 (See Washington, George, 66.) 8. Resolutions of Convention, prohibiting the exportation from this State of unwrought hemp or hempen yarn, 900, 901 9 - Resolution of Convention, prohibiting the exportation from this State of flour, by water, 975 10. Resolutions of Convention, prohibiting the exportation from this State of flour, meal and grain, 1077, 1078 11. Resolutions of Council of Safety, prescribing the terms on which flour and meal may be exported from this State, to the eastern States, 1084, 1085, 1089 12. Proceedings of Council of Safety in granting permits for, un- der such resolutions, 1086, 1087, 1088, 1089,1094, 1104, 1109, 1111, 1112, 1116 F. FALMOUTH. 1. Letter from Gen. Washington, transmitting information of the burning of, by the British, under the command of Capt. Mowatt, of ship Canceux, 191 FANNING, COL. PHINEAS. 1- Appointment of, by Provincial Congress, as muster master of troops to be raised in Suffolk county, 70 2. Directed to take command of detachment of militia sent by Gen. Wooster to the assistance of inhabitants of Long Island, for the prevention of taking off stock by the Kingston troops, for the use of the army at Boston, 103 3. Letter from, respecting situation of vessels at Garner's Island Point, 105 FASTING AND PRAYER. 1. Recommendation of Provincial Congress to observe day of, appointed by Continental Congress,' 69 2. Resolution of Convention appointing a day for, and directing three sermons to be preached before Convention thereon, 554 3. Resolution of Continental Congress recommending the ap- pointment of a day of, in each State, and a general refor- mation of manners, 770 4. Proclamation appointing of, by Committee of Safety, 817 FATIGUE MEN. 1. Committee for detecting conspiracies, &c. authorized to call out such portion of the militia of the State as they may think necessary to act as, 679 FAULKENHAM, SAMUEL. 1. Petition of, to be employed in making drums and fifes, FANSHER, WILLIAM. 1. Appointment of, as captain of the Poundridge company of militia, 845 FERRIS, REUBEN, 1. Appointment of, as lientenant-colonel of 'first regiment of Dutchess county militia, 528 FIELD, JOSEPH, 1. Appointment of, as lieutenant of a company in Dutchess county for the detection and suppression of conspiracies,. 666 FIELD OFFICERS. 1. Of the several New-York regiments, 62, 135 2. Of the militia of Tryon county 139 3. Of the four New- York battalions in the Continental service,. 328 4. Of regiment of militia in Kings county, 351 5. do do in Ulster county, 528 6. do do in Dutchess county 528 1140 INDEX. PAGE. FIELD OFFICERS— Continued. Of regiment of militia in Westchester county, 528 do do in Orange county, 528 do do of Kings and Queens county, 568 FIELD PIECES. (See ArtiUery.) FIFES. (See Faulkenham Samuel.) (See Woolhaupter, David.) FINK, ANDREW, Jr. Appointment of, as first lieutenant of Captain Christopher P. Yates' company of Tryon county militia, in place of An- thony Van Vechten, declined, 103 FIRELOCKS. Resolutions of Continental Congress, relative to manufactory of,. 202 9. 10. 11. FIREMEN. (See New- York City and County, 57.) Exemption of, from drafts for the militia in the city of New- York, 496 FIRST REGIMENT— Alexander McDougall, Col. (See McDougall, Alexander.) Field officers of, 62,80 Provisions and tents directed to be provided for, 65 Col. authorized to fill vacancies in, below rank of captain,. . 65 Medicine chest to be furnished for, 66 Appointment of William Tapp as quarter-master, 66 Commissary directed to furnish sundry articles for armourer of, on requisition of colonel, 76 Appointment of Hunloch Woodruff, surgeon's mate, 85 Answer of Provincial Congress to queries of officers of, re- specting allowance for clothing and arms, pay of troops, warrants and commissions of officers, 98 Appointment of Israel Evans as chaplain 99 Appointment of Joseph Marvin, surgeon's mate, 128 Appointment of officers in second and third companies of, . . 214 FISHER, JOHN-Saddler. Petition of, 90 FISHKILL. (See Dutchess County.) Appointment of Convention to, and meeting at, 600, 604 Adjournment from Episcopal to Dutch church in, on account of filthy condition of the former, 609 Resolution of Committee of Safety directing the removal of the Rev. Chauncey Graham, from the building formerly occupied as an academy in, and the preparation of said building for the occupation of a body of troops, 673 Resolution of Committee of Safety permitting said Graham temporarily to occuppy a portion of said building and to remove sashes, glasses, &c 681, 694 Assistant quarter-master-general authorized to impress and take possession of out-building in, for securing the Conti- nental stores, 687 Resolutions of Committee of Safety for providing a hospital in, for inoculation for the smallpox, 786 Directions for the removal of all infected persons within the district to such hospital, 794 FISH, NICHOLAS. Appointment of, as brigade-major, in Gen. Scott's brigade, . . 502 (See Westchester County, 84.) FIVE NATIONS OF INDIANS. Proposal of a Congress with, 82 (See Six Nations.) FLAX. Resolution of Provincial Congress for the removal of, pur- chased by said Congress, from the city of New- York to Poughkeepsie, 510, 511 (See Flaxseed.) 2. Requisition on Treasurer in favour of Mr. Robert Harper, for carrying into effect resolution of Convention, concerning the manufacture of, 679 FLAXSEED. 1. Letter from Provincial Congress to Delegates in Continental Congress relative to the expediency of inhibiting the expor- tation of, 92 2. Memorial of Peter Clopper and others, merchants of the city of New- York ; and resolutions of Provincial Congress re- specting exportation of, 106 3. Letter from Committee of Safety to Continental Congress, re- specting expediency of permitting exportation of, for the purchase of gunpowder, &c 236, 237 (See New-York City and County, 102, 103.) 4. Resolution of Convention exempting certain persons engaged in erecting and carrying on a mill for, from military duty, 5. Letter from Committee of Safety to Continental Congress re- specting the expediency of a prohibition of the exportion of, I, 1. 1. 589 723 FEMMING, EDWARD 1. Appointment of, as lieutenant-colonel third regiment, 62 2. Letter from, declining .... 63 3. Appointment of, as deputy adjutant-general with rank of co lonel, 126 4. Directed to join General Schuyler at Ticonderoga, 126 5. Resignation of, 500 Resignation of, FLETCHER, SAMUEL. (See McCune, Wm.) PAGE. FLOUR. (See Provisions and Supplies.) (See New-Jersey, 3.) (See Hallett, Joseph, i) (See Massachusetts Bay, 17.) See Inspectors of Flour.) (See Resolutions of Convention, 61, 63, 153, 155.) (See Exportation of Provisions and Produce. FLOYD, BENJAMIN, AND RICHARD. (See Suffolk County, 14.) FLOYD WILLIAM. (See Continental Congress.) 1. Requisition on Treasurer in favour of, for compensation as a Delegate in Congress, 905 2. Vote of thanks to, for his long and faithful services as Dele- gate in Continental Congress, 931 FONDA, MAJ. JELLIS. (See Tryon County, 1.) FORD, CAPT. THOMAS. (See Oakley, Phebe.) (See Prisoners, 124, 125, 126.) FOREMAN, WILLIAM. 1. Appointment of, as surgeon to Col. Morris Graham's regi- ment, 559 FORFEITED ESTATES. (See Escheated Estates and Property.) (See Murray, Sansom, & Co.) 1- Resolutions of Convention appointing commissioners for tak- ing into possession and exposing to sale, the personal pro- perty of persons gone over to the enemy, 826, 827 (See Clopper, Cornelius.) (See Tryon County, 28.) (See Robinson, Beverly, 3.) (See Commissioners of Sequestration.) (See Confiscated Property.) (See Ludlow, William H.) (See Kittle, Andries.) FORT EDWARD. 1. Letter from William Duer, respecting disturbances to courts of justice at, by parties of people from New-Hampshire Grants, 71 2. Letter from committee of Manchester, in Charlotte county, on the same subject, 72 FORT GEORGE 1. Letter from Col. Benjamin Hinman, respecting fortresses at, 74 FORTIFCATIONS. 1. For the defence of the city of New-York, at or near King's Bridge ; resolutions of Continental Congress respecting,. . . 16 2. Appointment of committee of Provincial Congress thereon,. . 20 3. Letter from Provincial Congress to Delegates in Continental Congress, relative to erection of fortifications at, 31 4. Report of committee on, 31 (See Hudson's River.) (See Highlands.) FOSTER, JOHN. 1. Permission to, to ship cargo of live stock to the West Indies, on his engagement to procure military stores from thence, on his return, 101 FOURTH REGIMENT. 1. Field officers of, 62, 99 (See Holmes, Col. James.) (See Van Cortlandt, Lieut. Col. Philip.) (See Sands, Edward, Surgeon's Mate.) (See Wynkoop, Col. Cornelius D.) (Graham George, Surgeon's Mate.) FRANCE. 1. Letter from Pliarue, Penet & Co. merchants, of Nantes, in the Kingdom of, offering to supply the Committee of this State with cannon, muskets, powder, all kinds of military stores, and dry goods, 821 2. Letter from James Duane, a Delegate in Congress, respecting the progress of the negotiation with the court of, &c 943 FRANKLIN, BENJAMIN. (See Continental Congress, 48, 49.) (See Philadelphia, 2, 3.) FRENCH INTERPRETER. I. Appointment of Rev. John Peter Testard, as, 67 FREY, JOHN. (See Tryon County, 15, 25.) FRIENDS. (See Quakers.) FRONTIERS. 1. Appointment of committee to take into consideration the pro- priety of raising and embodying an armed force for the pro- tection of, 519 2. Report of committee, and resolutions for raising sundry corps of rangers in the northern and eastern counties of the State, and providing for the command, pay and subsistence of, 538, 539 (See Ulster County, 64.) (See Orange County, 57) 3. Resolution of Council of Safety for raising two companies of of rangers for the prolectron of, in Albany, Ulster and Try- on counties ; appointment of officers, and instructions to,. . 1001 4. Letter to Maj. Gen. Schuyler thereon, 1002 INDEX. 1141 PAGE. FRONTIERS— Cowtincxd. 5. Resolutions of Convention for the relief of the poor, on, 1033 FURNACE. (See Leonard, George.) G. GAGE, THOMAS. 1. Copy of intercepted letter from, at Boston, to Governor of North Carolina, communicated by committee of intelligence at Charleston, South Carolina, to Provincial Congress,. . 56, 57 2. Copy of intercepted letter from Francis Stevens to, relative to removal of stores, &c from New- York, 122 3. Information of recall of. and appointment of Gen. Howe to the command of the British forces in America, 170 GAINE. HUGH. 1. Appointment of committee to seize and secure all the printing types formerly belonging to, in the county of Dutchess. 793, 794 GANSEVOORT, COL. PETER, (3d Battalion.) L Requisition on Treasurer, for bounty money for the use of re- giment of, , 831 2. Letter from, to Col. Van Schaack, transmitting information of the presence of Col. Butler and Sir John Johnson at Oswe- go, and of their proceedings, 1024 3. Letter from, informing of the precipitate retreat of Gen. St. Leger, 1049 GARDIN1ER, DAVID. 1. Statement, affidavits, &c of executors of, relative to loss of estate of, by depredations of Gen. Gage's fleet and army, and sundry owners of estates in Massachusetts Bay. and praying that Provincial Congress would request remunera- tion from House of Representatives in that Colony, 112 I 2. Appointment of committee thereon, 1 IS 3. Letter from Provincial Congress to House of Representatives of Massachusetts, enclosing petition, &c 1 IS GARDINER ISLAND. (See Wickham, Thomas.) (See Suffolk County, 12, 13, 16, 17, 18, 21.) (See Gardiner, David.) (See Lawrence, Melancton.) GATES, HORATIO. 1. Appointment of, by Continental Congress, as adjutant-gene- ral, with rank as brigadier, 63 2. Letter from Convention to, requesting a full statement of the military operations of, and of the strength and designs of Gen. Burgoyne; and instructions of Convention to the bearers of such letter, as to the proper information desira- ble to be obtained, 538 3. Letter from Jacob Cuyler and Leonard Gansevoort. commis- sioners sent to northern army under the command of, com- municating a statement of the condition and operations of the troops at Ticonderoga and Crown-Point, 574, 575 4. Letter from William Duer, to, informing of the movements of Brig. Gen. Clinton, and of the Continental army, 750, 751 5. Directed to take command of the northern army, 1035 6. Letters from Council of Safety to, transmitting resolutions au- thorizing a full pardon to all such persons as, since the eva- cuation of Ticonderoga, have joined Gen. Burgoyne, and who may return to their allegiance 1057, 1058 GENERAL ASSEMBLY. 1. Letter from Committee of Safety to county committees, rela- tive to election of Delegates in, 236 GENERAL ASSOCLA.TION. 1. Agreed to and subscribed by the freeholders, freemen and in- habitants of the city and county of New- York, 5 2. Recommended to the several counties, towns and districts of the Colony, 15, 18 3. Signed by Members of Provincial Congress, 15 4. Resolution of Provincial Congress, declarias attempts to raise tumults, riots, or mobs, under colour of dubious interpreta- tion of recommendations or resolutions of the Continental or Provincial Congress, or otherwise, an infraction of,. ... 33 (See Rivington, James, 2.) 6. Signed by inhabitants of East Hampton, 50 (See South Carolina.) 7. Signed by inhabitants of Islip, 68 8. do do of Amenia precinct, 108 9. Arms in the possession of persons not signing, to be impressed and appraised, 149, 150 10. Of inhabitants of Townshend, Cumberland county, 228 11. Of Deputies and inhabitants of Richmond county, 310 12. Form of, prescribed by Provincial Congress, and recommend- ed to the several county and town committees, &c. ... .500, 501 (See Prisoners, 96.) GENERAL OFFICERS. 1. Letter from Delegates in Continental Congress, respecting ap- pointment of, for New-York Province, 30 2. Resolution recommendins the appointment of Colonel Philip Schuyler, as a major-general, and Richard Montgomery, as a brigadier-general, 31 3. Answer of Provincial Congress to Delegates in Continental Congress, respecting the qualifications necessary for gene- ral officers, and recommending as above, 32, 33 4. List of, appointed by Continental Congress, 63 viz: George Washington. General and Commander-in-Chief. 236 8. 9. 10. 11. PAGE. GENERAL OFFICERS— Co.sti.vuxd. Artemas Ward 1st major-general. Charles Lee, 2d do Philip Schuyler, 3d do Israel Putnam, 4th do Seth Pomeroy, 1st brigadier-general. Richard Montgomerie, 2d do David Wooster, 3d do William Heath, 4th do Joseph Spencer, 5th do John Thomas, 6th do John Sullivan, 7th do Nathaniel Greene, 8th do Horatio Gates, adjutant-general, with rank as brigadier. Resolution of Provincial Congress for giving a public dinner to, 491 Report of council of, communicated to Provincial Congress by Gen. Washington, on the subject of the removal of stock from Nassau and Staten islands, and the most proper mea- sures to be pursued in relation to disaffected persons,. . . . 509 Report of council of, held at Fort Edward, relative to the ex- pediency of dismissing any portion of the militia, 1012 GERMAN FLATTS. Speeches of Oneida and Tuscarora Indians and inhabitants of Albany and Tryon counties, at, transmitted to Provincial Congress, 95 GIBSON, JOHN, (Auditor-GeneraL) Letter from, transmitting resolutions of Congress relative to accounts for the recruiting service, 945 GLOUCESTER COUNTY. Letter from Provincial Congress to Jacob Bayley, and John Tappen, Esqs. Newbury, 21 Letter from Jacob Bayley to Provincial Congress, communi- cating intelligence respecting the dispositions of the French and Indians in Canada, and recommending the raising of troops : and answer of Committee of Safety, . 82, S3 Letter from John Taplin, one of the judges of the court of common pleas, in, 95 Certificate of election of field and staff officers for the mili- tia in, 498 Names and credentials of Deputies to Convention, from,. . . . 548 (See Militia, 25.) (See Bayley, Jacob.) Report of committee relative to condition of, 775, 776 Preamble and resolutions of Committee of Safety thereon ; and letter to Continental Congress requesting the recall of the commissions granted to Col. Seth Warner and his offi- cers, 777, 778, 779 Letter from Committee of Safety to Continental Congress, re- lative to disaffected in, 820, 821 Instruction to delegation in Congress relative to claim of, to representation therein, 869 Appointment of Nathaniel Merrill as sheriff of, 913 (See Resolutions of Convention, 137.) Letter from Brig. Gen. Bayley, respecting elections in, and prospects of a separation from the State, 976 GODDARD, WILLIAM. (See Post-Office.) GODWIN, HENRY. Appointment of as quarter-master in regiment of minute men in Dutchess county, 135 GOSHEN. (See Orange County, 3, 11.) GOUVERNEUR, ISAAC. Present from, of a pair of nine pound cannon ; letter of Pro- vincial Congress accepting, and disposition of, ]S6 GOVERNMENT. (See Constitution.) Appointment of committee by Provincial Congress, to take into consideration the propriety of composing and erecting a form of. 460 Report of committee and proceedings thereon, . 462, 463, 468, 469 Appointment of committee by Convention for preparins and reporting a plan for instituting and framing a form of ; and a bill of rights 552 (See Cumberland County, 25.) Letter from Gilbert Livingston and Christopher Tappen, commissioners for building vessels at Poughkeepsie, re- specting 590 Proceedings of Convention, on report of committee, for insti- tuting form of. 834. "36, 842, 943. 844, 845, 846, 851, 852, S53. 857, 860, 861, 862. 866, S67, 86*. 869, 870. 871, 873, 874, 875, 876, 877, 878, 879, 880, 581, 8S2, SS4, 885, 886, 837, 8S9, 890, 891. 892. Constitution or plan of, as finally agTeed to, 892 to S98 Appointment of committee to prepare and report a plan for organizing and establishing such government, 898 Proceedings "of Convention on report of,. . . 907, 910, 912, 913, 916 Report of plan of, as agreed to, 916. 917, 918 GOVERNOR. Proceedings of Convention relative to powers assigned toby the Constitution, 834, S35 Official canvass and certificate of votes for ; election of Gen. George Clinton ; letter to, announcing the result, and an- swer of Gov. Clinion, 990,993 Oath of orfice administered to, and proclamation of Council of Safety thereof, 1021, 1022 1142 INDEX. PACE. GOVERNOR— Continued. 4. Message from, relative to the condition of affairs in the northern department, transmitting letter to, from General Washington, 1022 5. Letter from, relative to the prorogation of the Legislature ; answer of Council of Safety 1027 6. Proclamation of proroguing the Legislature, 1017, 1028 7. Orders of, for a detachment of lighthorse, for the more spee- dy conveyance of public despatches, 1029 (See Clinton, George.) GRAHAM, GEORGE. 1. Appointment of, as surgeon's mate to fourth regiment of Continental troops, 429 GRAHAM, LIEUT. COL. LEWIS. 1. Appointment of, as commissary pro. tem. of Col. Drake's re- giment, 302 2. Letter from, informing of the refusal of the quarter-master of Col. Drake's regiment to serve, and recommending Mr. James Cock for that office ; order of Provincial Congress thereon, 334 3. Appointment of, as judge of the high court of admiralty, and commission granted to, 556,566 GRAHAM, MORRIS. 1. Appointment of as colonel of second regiment of Dutchess county militia, 528 2. Rank roll of regiment of, 658 3. Resolutions of Convention for compelling the disaffected por- tion of regiment of, to march in compliance with direc- tions 757 4. Letter from, informing of the landing of a party of the ene- my's troops in the Sound, and of their march to Danbury, and the destruction of the Continental stores there ; direct- ed to march to the Highlands, 903 GREAT BRITAIN. 1. Resolution offered by Mr. Kissam, respecting terms of recon- ciliation with, and committee appointed to report plan of, 20, 26 2. Letter from Provincial Congress to Delegates in Continental Congress respecting policy of, in relation to Indians on the frontiers, 32 3. Resolutions of Provincial Congress, respecting removal of military stores belonging to, from Turtle Bay ; and ap- pointing committee to direct disposition, &c. of those en- gaged in such removal; report of committee, and permis- sion to coopers to repair, &c 35 ,37 (See Turtle Bay.) 4. Resolutions of Provincial Congress for the restoration of arms and military accoutrements taken from troops of, on their embarkation from New-York, 37, 38 5. Information given Provincial Congress respecting movements and designs of, 42, 45 6. Letter to Gen. Wooster communicating, 45,46 7. Letter to Delegates in Continental Congress, 46 8. Proceedings on coming in of report of committee to devise plan of accommodation with, 50, 52, 53, 54, 58 9. Report as amended and adopted, 58 10. Letter to Delegates in Continental Congress, communicating, and answer of, 59, 73 11. Appointment of committee to send for locksmiths from, .... 67 12. Appointment and report of committee, and letter to General Wooster, relative to alleged detention as prisoners of part of boat's crew of the ship Asia, and subsequent destruction of such boat, and the breaking open of British store house, and house of Francis Stevens, and order of Committee of Safety thereon, 77, 78 13. Resolution of Committee of Safety approving of the conduct of Doctor Samuel Bard, in his attendance upon sick mari- ners from His Majesty's ships, 77 14. Resolutions of Provincial Congress relative to destruction of barge belonging to ship Asia, 97, 98, 102 15. Information communicated to Provincial Congress of em- barkation of Hanoverian and troops from, for Boston, as a reinforcement to Gen. Gage, &c. 162 16. Information of movement of fleet of, from Boston, and of the recall of Gen. Gage, and appointment of Gen. Howe, his successor, &c 170, 172, 173 17. Notes of examination of Capt. John Lawrence, relative to movements of fleet and armies of, 171 18. Resolutions of Continental Congress for ascertaining hostili- ties committed by troops and navy of, in America, and proceedings of Provincial Congress thereon, 187 19. Resolutions of Provincial Congress relative to the origin and progress of the controversy with, and expressing the con- tinued loyalty of the Colony, and the desire of the inhabi- tants for a mutual arrangement of subsisting difficulties on just principles, 210, 211, 217, 218, 219 20. Resolutions of Provincial Congress for purchase and distri- bution of obnoxious acts of Parliament of, 225 21. Information communicated from Gen. Washington, of report- ed embarkation of troops of, from Boston, 231, 277 22. Introduction to copies of petition of Continental Congress to King of, the address of the lord mayor and livery of Lon- don to the electors of, and speech of Earl of Chatham in- tended for publication, 241 23. Resolutions of Continental Congress relative to capture and forfeiture of ships and vessels of, 250, 251 562 569 585 589 847 GREAT BRITAIN— Continued. 24. Arrival of General Clinton, and transports with British troops on board, in the harbour of New-York, and pro- ceedings of Committee of Safety thereon, 282 283 25. Information of, proceedings in, communicated to Provincial ' Congress by Niles Christain, chief mate of ship Harriet, from Boston, 329 26. Information of the probable removal of troops of, from Bos- ton, communicated to Provincial Congress, 335, 336 27. Letter from John Hancock, President of Continental Con- gress, to Provincial Congress, giving advice of the ap- proach of a British fleet and army under command of Gen. Howe, 493 28. Letter from Lieut. Davidson on board the armed sloop Schuy- ler, informing of the sailing of fleet of, with Gen. Howe, from Halifax to New-York, 509 29. Letter from Peter T. Curtenius, informing of the landing of troops at Staten Island, without opposition, and of the ad- vancement of detachments towards Bergen Point and Eli- zabethtown, 517 30. Information communicated to Convention of the passing of three ships of war of, beyond King's Bridge, up the Hud- son river ; proceedings of Convention thereon, 522 31. Information communicated to Convention of their advance- ment towards the Highlands, 525 31. Arrival of troops of, under Gen. Clinton, and of Hessians and Highlands, under Lord Howe at Staten Island, 32. Arrival of General Burgoyne, at Crown-Point and Ticonde- roga 33. Letter from Brig. Gen. William Livingston, of New-Jersey, communicating information of an intended attack by troops of, on Bergen Point, Elizabethtown and Amboy,.. . 34. Landing of troops at Nassau island, 35. Examination of Colonel Covenhoven, a prisoner taken by the troops of, 589 36. Examination of Daniel Redfield, relative to ships of, &c 601 37. Examination of John Woolley, 609 38. Information of the landing of troops of, at Verplanck's Point ; their progress up Hudson's river, and landing at Peeks- kill, 39. Information of the landing of troops on the Sound ; march to Danbury and destruction of the Continental stores there, , 903 40. Arrival of troops of, at Horse Neck, 909 41. Letter from Council of Safety to Delegates in Congress, re- specting the publication in this country and Europe of the report of a committee of Congress relative to the treat- ment of prisoners by, 947 (See Burgoyne.) 42. Letter from General Washington and Putnam, informing of the sailing of the fleet from the Delaware Capes, to the eastward, 1027 43. Disposition of John Brown and Caleb Trask, prisoners taken from, relative to the proceedings and movement of troops of, 1047 GREAT SEAL. 1. Appointment of committee to prepare a proper device for,. . GREENE, NATHANIEL. 1. Appointment of, by Continental Congress as brigadier-gene- ral, 2. Letter from, transmittiug as a prisoner John Livingston, Jr. of Queens county, and informing of the unfriendly disposi- tion of the inhabitants of that county ; answer of Provin- cial Congress, 480 3. Letter from, requesting permission for the inoculation of his brother Jacob Greene ; and also for permission to him to purchase some guns suitable for a privateer ; answer of Provincial Congress, 494, 495, 496 4. Letter to, respecting disposition of a horse in the possession of, taken from Jacob Wyckoff, a tory on Long Island,. . . . 679 5. Conference with respecting the defence of the posts at the Highlands, and the appointment of an officer in command thereof, &c 832 6. Letters from, respecting the obstruction of the navigation of Hudson's river, 938 GREEN MOUNTAIN BOYS. 1. Resolution of Continental Congress relative to employment of, under officers of their own choosing, 63 3. Order of Provincial Congress thereon 65 3. Proceedings of committees of the several townships of the New-Hampshire Grants, west of Green Mountain Range, choosing Seth Warner lieutenant-colonel, Samuel Safford major, and seven captains, and fourteen lieutenants; letter from chairman to Gen. Schuyler ; answer of Gen. Schuy- ler, and proceedings of Provincial Congress thereon, 107 4. Uniform of, and tents, &c. for, 107 (See Schuyler, Philip, 24.) 5. Appointment of officers of regiment of, 130 6. Report of committee relative to arguments used by, to induce the inhabitants of Cumberland and Gloucester counties to disavow the authority of this State, and unite with them in forming a new and separate State 775, 776 7. Preamble and resolutions of Committee of Safety, and letter to Continental Congress thereon, 777, 778, 779 882 63 INDEX. 1143 PAGE. GRENADIERS. |. For formation and officers of company of Col. Levi Pauling's regiment of, in Marbletown, Ulster county, 373, 376 (See Westchester County, 53 ) GRENNEL, CAPT. JOHN. 1. Letter from, recommending appointment of subaltern of- ficers under ; and answer of Committee of Safety, 7S, 79 2. Requisition on Treasurer in favour of, 174 3. Company of, ordered to repair to the defence of the fortifica- tions at the Highlands, 194 4. Recommended by Provincial Congress as captain of a compa- ny of matrosses, 207 5. Resolution for advance of money to, on account, 247, 248 6. Appointment of, as captain of an artillery company, 262 7. Appointment of officers in company of, 365 8. Resignation of, 392 (See Continental Frigates.) GRIFFIN, DANIEL, CAPT. 1. Muster roll of, 91 2. Provision for aid to, on his way to Ticonderoga, 155, 156 GRIFFITH, ANTHONY. 1. Appointment of, as second lieutenant of Captain Anthony Rutgers artillery company in the city of New-York, 66 2. Appointment of, as commissary to purchase stores for can- non, of artillery companies, 195 3. Requisition on Treasurer, for disbursements of, <5cc 440 GRIFFITHS, JOHN. (See Lead Mines, 1.) GRIGG, JAMES. 1. Appointment of as second lieutenant in Captain Nicholson's company, 99 GUN BARRELS. 1. Consultation with Henry Watkeys and Robert Boyd, respect- ing forging and making muskets, and order and resolu- tion thereon, 30, 41, 55 (See Boyd, Robert.) (See Watkeys, Henry.) 1. Consultation with blacksmiths of New- York, respecting the making of, Sec 67 GUN LOCKS. 1 . Authority to contract for, 67 2. Appointment of committee to send to Great Britain for lock- smiths for making, 67 3. Agreement with Thomas Blockley, for importation of, 80 GUNPOWDER. (See Powder.) HAINES, GODFREY. (See Westchester County, 13, 14.) HALLETT, JOSEPH. I. Order for payment of money to, 102 2 do do for discharge of debts accrued in the purchase of flour, for use of the army at Cam- bridge 116, 122 3. Contract with, for importation of gunpowder, arms, and salt petre, 129 4. Information from, respecting accounts of, 191 5. Order of Provincial Congress thereon, 182 6. Order for payment of certain bills of exchange, drawn on Col. Robinson, 192 7. Letter from, transmitting accounts of, 237 8. Letter from, respecting the price of grape shot, 307 9. Directed to contract for, with Mr. Ogden, 307 10. Passport to, permitting to pass and repass between New- York and Newark, in New-Jersey, 556 II. Directed to take measures for the condemnation and sale of vessels and goods brought in by Captain Rogers 630 HALSEY, STEPHEN. 1. Appointment of, as surgeon, in Col. Samuel Drake's regi- ment, 349 1. Recommended by Col. McDougall for captain of a company of artillery 321 2. Company of. directed to guard the Colonial records, 396 3- Resolution of Provincial Congress for the allowance to com- pany of, the same pay as the Continental artillery, 462 4. Resolution of Provincial Congress recognizing company of, as part of the quota of militia to be raised in the city of New- York, by order of Continental Congress, 497, 564 5. Incorporation of company of, into Gen. Scott's brigade, 564 6. Letter from, informing of a vacancy in the office of first lieu- tenant in his company, and recommending the promotion of the inferior officers , 573 7. Resolution of Convention authorizing artillery company late- ly commanded by, to enlist in the Continental service,. . . . 838 8. Letter from, relative to exchange of Major Edmondston,. . . . 883 9. Letter from, living an account of the attack of the enemy on the American troops, commanded by Gen. Lincoln, at Bound Brook, and informing of the arrival of the enemy's vessel into the Delaware, and the attack of a vessel from France, 885 PAGE. HAMMOND, LIEUT. COL. JAMES. (See Westchester County, 62, 63.) Letter from, to Convention, informing that the British ships of war have left the harbour at Tarry Town, and are sail- ing up the river with a fair wind, towards the High- lands, 526 Letter from, to Convention, relative to the conditon of his re- giment, 528, 529 Investigation of complaint against, for neglect of duty, and ac- quittal, 532, 540 Appointed lieutenant-colonel of the militia of Westchester county, drafted into actual service under Colonel Thomas Thomas, 552 (See Westchester County, 84.) Requisition on Treasurer in favour of, for payment of the mi- litia under his command, 913 HAMPTON, JONATHAN. (See Ustick, William.) | HANSON, CAPT. JOHN- Directed by Continental Congress to take temporary com- mand of the fortifications at the Highlands, 197 HARDENBERGH, JOHANNES. Appointment of, as colonel of Ulster county militia, 135 Appointment of, as lieutenant-colonel of Continental regiment of militia in, 489 Letter from Committee of Safety to, directing to secure the arms belonging to battalion of, 720 HARDENBURGH, CORNELIUS. Appointment of as captain in Col. Ritzema's regiment, 405 HARLEM. Adjournment of Convention to, 548 Order for removal of treasury to, 585 HARPER, JOHN. (See Onehoghquaga Indian*.) Deposition of, respecting an interview between Joseph Brandt and his warriors, and Gen. Herkimer, at Unadilla, 996 Appointment of, and instructions to, as captain of corps of rangers raised in Albany, Ulster, and Tryon counties, for the protection of the frontiers, 1001 Letter from, relative to his proceedings at Harpersfield, 1051 Answer of Council of Safety 1053 Report of committee and resolutions of Convention relative to accounts of for.disbursements for lighthorsemen in Tryon county, 1115 HARRIS, DANIEL. Resolution of Convention for payment to, for a horse killed in the public service, 847 HASBROUCK, ABRAHAM. Appointment of, as lieutenant-colonel, Ulster county militia,. . 135 Letter from, transmitting returns of election of officers of the several companies of militia in regiment of, 170 (See Ulster County, 35.) HASBROUCK, ABRAHAM A. Appointment of, as quarter-master, Ulster county militia, . . . 135 HASBROUCK, COL. JONATHAN. Letter from, appointing place of rendezvous for regiment of, 238 Letter from, containing statement of regiment of, 393 HASBROUCK, CAPT. ELIAS. (See Jansen, Cornelius T. 1.) (See Roggin, Petrus, 1.) Letter from chairman of committee of Kingston, and General Schuyler, recommending appointment of. 351 Requisition on Treasurer of, for pay, billeting and subsistence of company of, 696 Requisition on Treasurer in favour of, for pay and subsistence of company of rangers, 801 Resolution of Convention, pardoning and discharging deser- ters from company of, on their returning the bounty and foregoing the payment and subsistence due them, 892 Directed to transport a quantity of salt purchased for the use of this State, from Canaan, in Connecticut, and requisition on Treasurer for expenses of, 1036 HASBROUCK, JOSEPH. Appointment of. as major, Ulster county militia, 135 HAVERSTRAW. (See Orange County, 2, 14.) HAYILAND, EBENEZER. Appointment of, as surgeon, 62, 101 Certificate of examination of, 101 Attached to Col. Wynkoop's regiment 424 HAY. Resolution of Council of Safety, directing the purchase of a quantity of, for the use of the Legislature, 1005 Appointment of Moses Smith as commissary of, and directions to for distribution of, 1105 HAY, COL. A. HAWKES. Letter from, to Committee of Safety, respecting forwarding re- giment of, to New- York, and answer of Committee, 384 Appointment of, as commissary for the militia northward of King's Bridge, while in service on the west side of Hud- son's river, below the Highlands, under the command of Gen. Clinton, and instructions to, . 568 Letter to, transmitting resolutions of Committee of Safety, 1144 INDEX. PAGE. HAY COL. A. HAWKES — Continued. for a reinforcement of militia from the northern part of Orange county, 672 4. Letter from, giving an account of the state of his regiment, and of the motions of the enemy's ships ; and directions to, to drive the stock, on the banks of Hudson's river into the interior, 679 HAZARD, EBENEZER. 1. Petition of, for establishment of post-office, and appointment as postmaster, and committee thereon, 44 2. Recommendation of and appointment of, by Provincial Con- gress, 90 3. Letter from, respecting eastern post riders, 156 4. Letter from, respecting conduct of the keeper of the ferry across North river, and proceedings of Provincial Con- gress thereon, 191 5. Directed to remove post office from the city of New- York, to some convenient place near Dobb's ferry, in Westchester county, 602 6. Requested to direct a weekly post between Albany and New- York, on the east side of Hudson's river, 604 7. Letters from, respecting the establishment of such post, and answer of Committee of Safety, 619, 622 8. Directed to forward newspapers from Pennsylvania, New- Jersey, Connecticut and Massachusetts, for use of Conven- tion and Committee of Safety, 689 HEATH, WILLIAM. 1. Appointment of, by Continental Congress, as brigadier-ge- neral, 63 2. Requisition on Treasurer in favour of, 394 3. Letter from, respecting the propriety and expediency of a con- tinuation in service of the several regiments of Gen. Scott's brigade, 719 4. Answer of Committee of Safety, 724 5. Letter from Committee of Safety to, directing the apprehension and detention of Capt. Ford, of Col. Bevier's regiment, on charge of robbery and plunder of effects of Phebe Oakley, 732, 733 6. Letter from Convention to, requesting the employment of Maj. Taylor, of the quarter-master-general's department, for the purchase and collection of necessaries for the ob- struction of the navigation of Hudson's river, 737 7. Letter from Committee of Safety to, 743 8. Requested to co-operate with Gen. George Clinton, in defend- ing the passess at the Highlands, 746 9. Letter from, informing of the arrival of a flag, accompanying a number of letters ; catalogue of such letters; disposition of, 748, 749 10. Letter from, informing of order to go over with his division to the west side of Hudson's river; resolutions of Committee of Safety thereon, and letters to Gen. Washington, request- ing the countermanding of orders to, 748 11. Letter from, relative to the disposition of certain fieldpieces at Peekskill, 755 12. Letter from Committee of Safety to, informing him of the state of the forts at the Highlands, 759 13. Answer of Gen. Heath, and reply of Committee of Safety. . . 760 14. Reply of Gen. Heath, 764 15. Letter from, informing of proceedings, &c. of, 766 16. Letter from, relative to permission for Lady Johnson, Mrs. Wilkinson and Mrs. Cuyler, with their families and effects, to pass to New-York, 769 17. Letter from William Duer, chairman of committee of Conven- tion, relative to proceedings of, in Westchester county, 808, 809 HEMPSEED. 1. Resolution of Conventionfor the purchase of a quantity of,and encouraging the raising of, 849, 900 2. Requisition on Treasurer in favour of Gouverneur Morris, for a quantity of, purchased by order of Convention, 899, 901 3. Resolution of Convention prohibiting the exportation from this State of unwrought hemp, or hempen yarn, 900, 901 4. Auditing of accounts of Samuel Ogden, for, 961 5. Resolution relative to the publication of the proper time for sowing, 964 HENNING, PHILIP. 1. Petition of, for appointment as surgeon's mate; order for exa- mination of, 85 2. Report against, 90 HENRY, JOHN. 1. Appointment of, as commissary, &c. of clothing store, 807 2. Letter from, relative to perquisites of his office ; and resolu- tions of Convention refusing the allowance of, R 57 3. Requisitions on Treasurer in favour of, for supply of clothi lg to troops, 873, 1015 4. Resolution of Convention and letter to, respecting the dispo- sition of blankets, &c 873 5. Letter to commissioners for detecting, &c. conspiracies, desir- ing them to permit the departure of, to New- York, until the settlement of his accounts with the State, 880 6. Letters from, relative to clothing of the troops, 934, 964 7. Peremptory order of Council of Safety to, to account for cloth- ing received and delivered by him, 1097 PAGE. HERKIMER, NICHOLAS. (See Tryon County, 10.) 1. Appointed brigadier-general of the militia of Tryon county, 610 2. Letter from, and others, committee of Tryon county, relative to the imposition and collection of a fine upon John Rei- men Snyder, son of Henry Reimen Snyder, for refusal to serve as a corporal in Captain John Kayser's company of militia, in Col. Jacob Klock's battalion, 797, 798 3. Interview of, at Unadilla, with Joseph Brant, 996, 997 4. Letter from Gov. Clinton, informing of the death of, 1048 HERRICK, CAPT. RUFUS. 1. Letter from, informing that his company is ready, &c, 89 2. Muster roll of, returned and filed, 112 HERRING, NICHOLAS. 1. Appointment and report of committee to, as certain damage done to land of, by troops of General Wooster encamped thereon, 93 HERRING, PETER. 1 . Letter from General Wooster to Committee of Safety, re- specting, and order of said committee thereon, 75 HATFIELD, MOSES. 1. Appointment of, as major of Continental regiment of militia in Orange county, 489 HEWES, JOSEPH. 1. Letter from, and William Harper, respecting proceedings and designs of Gov. Martin of North Carolina ; and an- swer of Committee of Safety, 73 HIDES AND LEATHER. (See Resolutions of Convention, 56.) 1. Requisition on Treasurer in favour of Stephen Ward, Esq. on account of the purchase of, for the use of State, 749 2. Letter from Council of Safety to George Ewing, commissary- general of, respecting contracts for the manufacture of, 1 101, 1102 3. Letter from Council of Safety to Delegates in Congress, .... 1102 HIGHLANDERS. (See Stewart, James.) HIGHLANDS. 1. Resolutions of the Continental Congress respecting the erec- tion of batteries at, on each side of the Hudson river, for the prevention of navigation, and for the appointment of proper persons to designate the most suitable place there- for, 16 2. Appointment of committee thereon, by Provincial Congress, 20 3. Report thereon, 38, 40 4. Fortifications at, directed, and commissioners appointed to superintend erection of, and to procure cannon and other stores for defence of, including the cannon on the battery at the city of New-York; appropriation for, 110,113, 114, 128, 139 5. Col. Lasher directed to furnish guard to proceed from New- York to, when requested by commissioners, 127 6. Appointment of John Berrien as commissary for agents for building fortifications at, 130 7. Letter from commissioners, requesting instructions as to the plan and expense of fortifications, and a conference recom- mended with engineer from Philadelphia, &c 141 8. Gen. Wooster requested to furnish a company of troops for defence of, 146 9. Correspondence with Gen. Wooster thereon, 149, 151 10. Estimate of B. Romans of expense of erecting fortifications at, 152 11. Letter to Continental Congress, covering plans and estimates of fortifications at, and copies of correspondence with Gen. Wooster, 153 12. Letter to Beverly Robinson, requesting him to put a price upon land of, taken for the erection of fortifications at, op- posite West-Point ; answer of, 152, 169 13. Order for employment of labourers at, and for mounting of carriage guns, &c 158 14. Letter from Samuel Bayard, William Bedlow and John Han- son, respecting plan and erection of fortifications; giving information of close examination of, by Gov. Tryon and others ; and suggesting the necessity of an efficient guard, 158, 159 15. Proposals of Bernard Romans for erecting the fortifications at, and answer of Committee of Safety, 159, 160, 161 16. Letter to agents for erecting fortifications, respecting employ- ment of, &c 161 17. Resolutions of Continental Congress, recommending the erec- tion of fortifiations, at, 172 18. Gen. Wooster ordered to forward a portion of his troops for the defence of fortifications at, 171 19. Letter from Provincial Congress to commissioners for erect- ing fortifications at, 174 20. Letter from commissary, respecting expenditures on fortifica- tions at, and requesting further supplies, 174 21. Order of Provincial Congress therefor, 174 22. Letter from B. Romans, respecting his appointment as engi- 174 neerat 174 23. Resolutions of Provincial Congress, directing commissioners for the erection of fortifications at, to inquire into the prac- ticability of a further obstruction of Hudson's river, 177 24. Letter to Continental Congress, respecting erection and de- fence of fortifications at 177 INDEX. 1145 PAGE. HIGHLANDS — Costi^cxd. 25. Letter from John Hanson, one of the commissioners for erecting fortifications at, requesting the appointment of some other person in his place, ITS 26. Letter from Provincial Congress to commissioners for the erection of fortifications at, discountenancing the require- ment of certain punctilio, in vessels passing such fortifica- tions, 178 27. Letter from commissioners for the erection of fortifications at, complaining of ill treatment from Robert North, master of a sloop from Poughkeepsie, 179 23. Letter from commissioners enclosing remarks of B. Romans, engineer, relative to plans for obstruction of the navigation of the Hudson, 179, 180 29. Letter from John Hanson, one of the commissioners, re- specting charges against, by Robert North, and declining further service, ISO 30. Instructions to superintendents at the fortifications at, re- specting vessels passing tie said fortifications ISO 31. Letter from John Berrien, one of the commissioners respect- ing supplies of money to workmen ; and order of Provin- cial Congress thereupon, 131, 182 32. Appointment of Jonathan Lawrence as one of the commis- sioners to superintend the erection of fortifications at, in the place of John Hanson, resigned, 183 33. Examination of Samuel Patridge, respecting information communicated to him by Isaac Garrison, of the expense, &c of carting timber, &c. at, 183 34. Letter to Continental Congress respecting the employment of Bernard Romans, as engineer at, 186 35. Cannon presented by Isaac Gouverneur, of Curacoa, directed to be sent to, 1S6 36. Resolution of Continental Congress for raising a company of matrosses for defence of fortifications at, 191 37. Letter from William Bedlow to Richard Yates, requesting Provincial Congress to ascertain the per diem pay of com- missioners for erection of fortification at, and proceedings of Provincial Congress thereon, 191 33. Order to Col. McDougail to send Captains Grennel and Led- yard, with their companies, for defence of fortifications at,.. 194 39. Resolutions of Continental Congress for the raising of 200 men from the militia of Dutchess, Orange and Ulster, for defence and occupation of the fortifications at, under com- mand of Captain John Hanson, 197 40. Letter from Delegates in, to Continental Congress, relative to appointment of commander of the fortress at, 200 41. Letter from commissioners for the erection of fortifications at, explaining their progress, and requesting directions,. . . 202 42. Resolution of Provincial Congress, recommending the erec- tion of additional barracks at, and of a magazine ; and di- recting commissioners for erection of fortifications at, to superintend the building of the same, 207 43. Appointment of committee for accommodation of differences between commissioners and engineers at ; and for expedit- ing the completion of the works ; report of, and proceed- ing thereon 207, 210, 223, 224, 226 44. Requisition on Treasurer in favor of commissary at, 207, 208 45. Prohibition of retailing liquor at or near fortifications at,. . . . 207 46. Letters from Provincial CongTess to President and Delegates in Continental Congress respecting defence of fortifica- tions at ; and recommending Gilbert Livingston, William Bedlow, Thomas Grennel and Jonathan Lawrence, as pro- per persons to take command of, 209 47. Letter from William Bedlow, dated at Fort Constitution re- specting pay of commissioners ; and resolutions of Pro- vincial Congress respecting, 226, 227 43. Letter from Provincial Congress to Delegates in Continental Congress respecting the expediency of the erection of ad- ditional fortifications at, 227 49. Plan of fortifications at, communicated by engineer to Com- mittee of Safety, and letter to Continental Congress, transmitting 236 50. Resolutions of Continental Congress, respecting fortifications at, and letter, 243 51. Letter to Delegation in Continental Congress, respecting pay and billeting money of officers and privates employed for defence of fortifications at, 245 52. Instructions to commissioners for fortifications at, 253 53. Nomination of CoL Isaac Nicoll to command of fortification at, 253 54 Returns of Capt Samuel Raymond's and Capt. Burns' com- panies of minute men at ; and letter from Committee of Safety to Captain Raymond, relative to supplies of neces- saries for troops at, 255 55. Letter from Committee of Safety to commissioners for erec- tion of fortifications at. directing the transportation of powder to Gen. Schuyler at Albany 256 56. Letters from Thomas Grennel, one of commissioners at, rela- tive to building of fortifications, and accounts of the ex- pense thereof ; answer of Committee of Safety,. . 260, 262, 263 57. Requisition on Treasurer for payment thereof. 260, 262 58. Information relative to fortifications at, communicated to Committee of Safety by John Berrien and Andrew McCormick, 262 59. Letter from Commissioners at, and Col. Nicoll, relative to 2S7 60. 6L 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. HIGHLANDS— Comtinced. compensation of minute men employed in the erection of battery at ; and answer of Provincial Congress,. . 293, 299, 303 Resolutions of Continental Congress, relative to the erection of batteries at, 317 Appointment of Thomas Palmer as an additional commis- sioner, to superintend the erection of fortifications at, 313 Report of engineer relative to works at, 330 Letter from commissioners at, relative to erection of fortifica- tions, and recommending the appointment of Gilbert Li- vingston as an additional commissioner, 331, 332 Commissioners authorized to employ vessels for quartering troops at, and to call into service minute men and Conti- nental troops for the completion of the works at, 332 Appointment of Gilbert Livingston as additional commission- er at, 332 Requisition on Treasurer for advance to commissioners for the erection of fortifications at, 335 Letter from John Berrien, commissioner, &c. containing an account of moneys advanced by him, to Bernard Romans, engineer, 364 Order of Provincial Congress thereon, 364 Letter from Col. Isaac Nicoll, complaining of the want of a a commissary of provisions, Sec. at ; and enclosing account of ammunition supplied by commissioners to Capt. Saml. Raymond ; answer of Committee of Safety, 372, 397 Letter from Col. Isaac Nicoll, respecting command of troops at; and answer of Committee of Safety. 331, 386 Requisitions on Treasurer in favour of commissioners at, 390, 438 Letter from Messrs. Palmer and Livingston, commissioners, &c. at, relative to provisions, etc. and troops at ; answer of Committee of Safety, 39 1, 392 Letter from Col. Nicoll, respecting state of regiment at, &c. transmitting Gen. Lee's order for the arrest of Ensign Goodgean, and an account of the expenses of trial of, by court martial, 402 Permission to Col. Nicoll to retire from service at, and vote of thanks to, 435 (See Washington, George 68.) Letter from Gen. Putnam, transmitting a list of tory prisoners confined at, and requesting the order of Provincial Con- gress relating to their labour on the fortifications at ; reso- lutions thereon, 471, 472 Commissioners at, directed to receive their future orders and directions from Gen. Washington, 484 Communication from Gen. Gates, respecting condition of de- fences at, and of the desire of Gen. Washington that a re- giment of militia be sent there, 488 Resolution of Provincial Congress dispensing with further service of commissioners at, 493 Letter to Convention from Lieut. Col. Hammond, at Tarry Town, informing of the sailing of the British ships of war towards ; orders to Col. Van Cortlandt and Mr- Z. Piatt to repair to, and to call out the militia for the defence and re- inforcement of the the garrisons of forts Montgomery and Constitution, 525 Resolutions of Convention for stationing troops from Ulster and Orange counties at, to guard the defiles, under the di- rection of Brig. Gen. Clinton, 526 Appointment of committee to visit forts Constitution and Montgomerie, at, and report as to their condition, &c 604 Report of committee, and resolutions for the reinforcement of garrisons at, and apportionment of levies therefor, 611, 612, 613 614 Appointment of field officers of snch levies, 614 Letter from Gen. James Clinton, transmitting a return of ar- ticles wanted at the fortifications at, 616 Answer of Committee of Safety, 616, 617 Order for supplying the fortifications at, with articles for the use of the garrisons, 618 Letters from John Sloss Hobart, transmitting intelligence of the condition of the forts at, 640 Letter from Gen. James ClintoD, respecting the condition of the forts at, 650 Resolutions of Continental Congress, for the reinforcement of the garrisons at, and approving of the measures of Con- vention for the defence of, 652 Requisition on Treasurer in favour of commissioners for erecting fortifications at, 688 Report of Robert R. Livingston, and resolutions of Committee of Safety respecting the defence of, 725, 726 Resolutions of Committee of Safety, directing Gen. George Clinton to take measures for the security of the passes of, with the troops under his command, and requesting the co- operation of Gen. Heath, 746 Letters from Committee of Safety to Gen. Heath, &c. inform- ing of the state of the fortifications at, 759 Return of officers and men in garrison at forts Montgomery and Constitution, under the command of Brig. Gen. James Clinton, ....... 777 Appointment of. and instructions to, committee to inquire into the state of the forts and garrisons in, and to provide for a reinforcement at, and to confer with Gen. Washington thereon, (fee: report of committee, 813, 816, 817, 831, 832 Resolutions of Continental Congress, directing the guarding of the passes at, with militia, 829 Letter from Convention to CongTess relative to condition of, 1146 INDEX. PAGE. HIGHLANDS— Continued. and recommending the appointment of Gen. George Clin- ton to the command thereof, 840 '>8 Letter from Convention to Gen. Washington and Gen. Mc- Dougall, 840, 841 !)9. Resolutions of Convention authorizing Gen. George Clinton to call out the militia of Orange, Dutchess, Ulster and Westchester counties, for the protection of the passes of,. . 848 100. Resolutions of Continental Congress, appointing Brig. Gen. George Clinton to the command of the fortresses at, 860 (See Elections, 4.) 101. Appointment of committee to confer with Gen. Washington, relative to providing garrisons for the forts at, 1019 102. Resolutions of Council of Safety for reinforcing the garrisons at, 1023 103. Letter from Gen. Washington to Gov. Clinton, requesting a reinforcement of the posts at, 1027 (See Clinton, George, 50.) 104. Attack upon, and demolition of, the fortifications at, by the enemy, 1063 to 1070, 1074 105. Report of committee appointed to confer with Gen. Putnam, Gen. James Clinton and other officers, relative to the ne- cessary works to be constructed for the passess in, and ap- pointment of commissioners to determine upon the place for their erection ; report of committee, 1113, 1114 HINMAN, COL. BENJAMIN. (See Ticonderoga, 37 ; Fort George, 1.) 1. Letter from, respecting condition of fortresses at Fort George and Crown-Point, 74 2. Answer of Committee of Safety, 75 (See Connecticut, 18.) HOBART, JOHN SLOSS. 1. Letter from Committee of Safely to, transmitting information concerning the shipping of provisions by George Youngs and son, Capt. Bush, and one Conklin, for the use of Gen. Gage's army, near Boston, 78 2. Letters from, informing of the condition of the forts at the Highlands ; of the progress of the negotiation for an ex- change of Brig. Gen. Woodhull ; the conflagration at the city of New- York, &c 649 3. Letter from, informing of the death of Brig. Gen. Woodhull; of the movements of the New-Hampshire and Massachu- setts militia to join the grand army ; and of the condition of the inhabitants on Long island, 671 4. Requisition on Treasurer in favour of, for expenses of jour- ney to York Town, to meet committees of the middle States on public business, 900 HOISINGTON, JOAB. 1. Appointment of, and commission to, as major of four compa- nies of rangers, to be raised in the counties of Cumberland and Gloucester, for the defence and protection of the fron- tiers, 540, 541 2. Roll of officers of, 659 3. Report of committee and resolution of Convention, on appli- cation of, respecting bounty for company of rangers of, 659, 660, 661 4. Letter from, to Gen. Gates, transmitting information of the movements of Sir John Johnston,with the Indians and Ca- nadians, to attack the inhabitants on the Mohawk river, and meet Gen. Burgoyne at Albany, 699 5. Resolutions of Convention for continuing in service the ran- gers raised in the counties of Gloucester and Cumberland, under command of, and appointment of commissioners therefor, 837 HOLMES, JAMES. 1. Appointment of, as colonel of fourth regiment, 62 2. Appointment of, and Col. Philip Van Cortlandt, as muster- masters for said regiment, 96 3. Sundry articles of military stores to be forwarded to, and pro- cured by, 99 4. Ordered to proceed to Albany with the men under his com- mand, 105 5. Commissary directed to supply with arms, 110 6. Requisition on deputy paymaster-general for advance to, 127 7. Treasurer authorized to pay j£600 to, 128 8. Letter from Provincial Congress to, transmitting account of expenses of apprehension and transportation to Albany of three deserters from regiment of, and requesting their pay to be stopped, &c 193 9. Letter from, informing of compliance with such order ; order for refunding amount of pay to Treasurer, 335 HOLMES, JONATHAN. 1. Appointment of, as 2d lieutenant in Capt. Riker's company,in Col. Ritzema's regiment, 507 2. Appointment of, as ensign, 535 HOLT, JOHN. 1. Appointment of committee to settle with, for his services as a printer, 303 2. Appointment of committee to treat with, forthe establishment of a printing office in this State, 793 3. Requisition on Treasurer in favour of, on account, 1073 HOOPER, WILLIAM. 1. Letter from, and Joseph Hewes, respecting proceedings and designs of Gov. Martin, of North Carolina, and answer of Committee of Safety, \ 73 PACE. HOPKINS, REUBEN. 1. Appointment of, as adjutant of regiment of minute men in Dutchess county, 135 HOPKINS, ROSWELL. 1. Appointment of, as lieutenant-colonel of 2d regiment of militia in Dutchess county 528 HORNBECK, JACOB. 1. Appointment of, as lieutenant-colonel, Ulster county militia,. 135 HORTON, CAPT. AMBROSE. 1. Return from, 91 2. Directed to continue in Col. McDougall's regiment, 455 HORTON, JONATHAN. 1, Appointment of, as captain in Col. Ritzema's regiment, 405 HOSPITAL. I. Proceedings of Provincial Congress in relation to establish- ment of, in the city of New-York, 323, 327, 336 HOSPITAL STORES. 1. Directed to be forwarded to Albany, for use of Connecticut troops, 76 2. Letter from Peter T. Curtenius to Provincial Congress, rela- tive to demand of, by Mr. Hughes, &c. and letter from Pro- vincial Congress to Gen. Lee, thereon, 330 HOUSTON, CAPT. JOHN. 1. Requisition on Treasurer in favour of, for bounty money for company of, in Col. Gansevoort's regiment, 745 HUDSON RIVER. 1. Resolutions of the Continental Congress for the erection of batteries on each side of, at the Highlands, to prevent the passage of vessels ; and for the appointment of experi- enced persons to discover the proper place for such ob- structions, 16 2. Appointment of committee thereon, by Provincial Congress,. 20> 3. Report of committee, 38, 40 4. Appointment of committee to inquire into the depth of water in, from New-York to New-Windsor, 45 5. Resolution of Continental Congress respecting employment of troops, in the erection of batteries to secure navigation of, 47 6. Fortifications on, at the Highlands, directed to be erected, and commissioners to be appointed to superintend erection of, and to procure cannon and other stores for defence of, in- cluding the cannon on the Battery in the city of New- York, and appropriations for, 110, 113, 114, 128, 139 7. Col. Lasher directed to furnish a guard to proceed from New- York to Highlands, when requested by commissioners,. . . . 127 8. Appointment of John Berrien as commissary for agents for building fortifications, 130 (See Highlands.) 9. Resolutions of Continental Congress for the obstruction of the navigation of, 172 10. Gen. Wooster directed to forward a portion of his troops for defence of forts erected on, 172 II. Resolution of Provincial Congress, directing commissioners for the erection of fortifications on, and to inquire into the practicability of a farther obstruction to the navigation of, 177 12. Organization of four companies of matrosses for occupation of the forts on, recommended by Provincial Congress,. . . . 177 13. Letter from Provincial to Continental Congress, respecting erection and defence of fortifications at, 177 14. Remarks of B.Romans, engineer, and of commisssioners for the erection of fortifications at the Highlands, relative to plans for obstruction of the navigation of the Hudson, 179, 180 15. Appointment of committee to investigate the expediency of obstructing the navigation of, between Nassau and Bedlowe islands; report of, 462, 472 16. Letter from Gen. Washington respecting 493 17. Passage of three British ships of war up the, beyond King's Bridge, and proceedings of Convention thereon, 522 18. Letter from Gen. Washington to Convention, on the impor- tance of securing the passes on, and answer of Conven- tion, 523 19. Appointment of committee to devise and carry into execution a plan for the obstruction of the navigation of, 526 20' Letter from chairman of said committee, requesting gunners and materials for the use of cannon on board ships fitted out by them ; answer of Convention, 546, 547 (See Washington, George, 68.) 21. Letter from committee of secrecy, relative to measures adopt- ed for the defence of, 575 22. Requisition on Treasurer for advance to Capt. Henry Ben- son, for the purchase of sundry articles required for fitting out two armed vessels for defence of, 576 23. Letter from Committee of Safety to Gen. George Clinton, re- specting obstructions to the navigation of, 624 24. Survey of channel of, at and about Fort Washington, or- dered ••• 628 25. Letter from Gilbert Livingston, respecting the construction and fixing of the chain across, • • • 629 26. Resolution of Convention, authorizing the purchase and im- pressment of vessels for the obstruction of the navigation of, 639 27. Letters from Tench Tilghman, relative to the obstruction of the navigation of, 646, 662 28. Letter from Robert Yates on the same subject, 650 INDEX. 1147 PAGE. HUDSON RIVER— Continued: 29. Letter from Robert Yates and Gilbert Livingston on the same subject, 650 30. Resolution of Committee of Safety, directing the mounting of cannon, at suitable places along the banks of, 696 31. Resolution of Committee of Safety, requesting the advice of Gen. Schuyler as to the best plan for obstructing the navi- gation of; directing a nautical survey thereof; and rela- tive to the strength and sufficiency of the chain thrown across, 714, 715 32. Resolution of Committee of Safety directing the obstruction of the navigation of, near Pollepel"s island, at the northern entrance of the Highlands, 719 33. Resolution of Committee of Safety requesting Maj. General Schuyler to superintend the erection of the necessary works for the defence of, 721 34. Letter to Gen. Washington, respecting, 722 35. Letter to Gen. Schuyler, 722, 726 36. Letter to Continental Congress, 723, 726 37. Report of Robert R. Livingston, and resolutions of Commit- tee of Safety, respecting obstructions of the navigation of, 725, 726 33. Letter from Committee of Safety to Continental Congress, respecting the chain manufactured under the direction of Mr. Mechin, the engineer, for the obstruction of the navi- gation of, 726 39. Letter from Brig. Gen. Geo. Clinton, respecting proceedings of, in obstructing the navigation of, 731 40. Resolution of Committee of Safety, directing the employment of Maj. Taylor, one of the acting deputy quarter-master- generals to collect and purchase the necessary materials for the obstruction of the navigation of, 735 41. Letter to Gen. Heath thereon, 737 42. Resolutions for employment of Capt. Machine, in assisting to carry on the obstructions to the navigation of, 761 43. Report of committee of conference with Gen. George Clin- ton, relative to the progress of obstructions of the naviga- tion of, 831 44. Letter from Convention to Gen. George Clinton thereupon,. 841 45. Letter from Convention to committee of Albany, 851 46. Requisitions on Treasurer for expenditures in obstructing the navigation of, 576, 688, 705, 766, 798, 810, 810, 844, 902 47. Letters from Gen. Greene to agents for building Continental ships at Kingston, ccc. directing said ships to be used in obstructing the navigation of; resolutions of Convention ordering the same, 938, 939 48. Letter from Delegates in Congress, transmitting report of marine committee relative to manning and fitting out two galleys for the defence of, 958, 959 49. Resolutions of Convention thereon, 959,960 50. Letter from Gen. George Clinton, respecting, 961,962 51. Answer of Council of Safety, 662 52. Letter to Continental Congress, respecting, 966 53. Letter from marine committee of Congress, 992 54. Report of committee to ascertain the place for fixing a chain and erecting fortifications for the obstruction of the navi- gation of, 1117 HUGHES, HUGH. L Appointment of, as commissary for Continental stores, 302 (See Hospital Stores, 2.) HULBURT, JOHN. 1. Letter from, informing of enlistment by, and muster of men, 101 2. Muster roll of, certified by David Muliford, muster-master, received and filed, 110 3. Letter from, informing of departure of his company from Montauk, and requesting supplies of arms, 146 4. Provision for aid to, on his way to Ticonderoga, 155, 156 5. Resolution for advance of money to, on account 247, 248 6. Appointment of, as lieutenant-colonel of Continental regiment of militia in Suffolk county, 489 HUMPHREY, CORNELIUS. 1. Appointment of, as lieutenant-colonel of regiment of minute men in Dutchess county, 135 2. Appointment of, as colonel, 339, 489 3. Return or rank roll of officers of, 658 4. Appointed to the command of a regiment of volunteers in Westchester county, 772 (See Westchester County, 84.) HUNT, CAPT. JESSE. 1. Certificate to, ongoing to South Carolina, 430 HUNT, JOSEPH. 1. Letter from William Duer, recommending protection and provision for, as a reward for his zea! and essential ser- vice to his country; resolution of Committee of Safety thereon, 807 2. Commissarv-general ordered to indemnify for property taken from, 807 HUNTER, JOHN. 1. Petition of, for assistance, and plan for establishment of a linen manufactory, 178 HUTCHINS, CAPT. AMOS. 1. Return of company of, and requisition on Treasurer for pay- ment of, 378 2. Appointment of, as captain in Col. Ritzema's regiment, .... 405 HYATT, EZEKIEL, 1. Appointment of, as captain in the first regiment of the New- York battalion, 421 2. Directed to continue attached to Col. McDougall's regiment, 455 3. Requisition on Treasurer in favour of, for payment of his men, 502 I. J. JACKSON, CAPT. WILLIAM. 1 . Return of company of, in Ulster county, 396 2. Directed to repair to Fort Constitution, 397 JACKSON, GEORGE HAMILTON. 1. Appointment of, as second lieutenant in Captain Daniel Den- ton's company, , 89 JANSEN, CORNELIUS T. 1. Appointment of, as first lieutenant in Captain Elias Has- brouck's company, 99 JANSEN, DIRCK. 1. Appointment of, as second major in Colonel Peter R. Living- ston's regiment of militia, 772 2. Letter from, respecting the prevalence of disaffection in the manor of Livingston ; answer of Committee of Safety, . . 103q JANSEN, JOHANNES, Jr. 1. Appointment of, as major of Ulster county militia, 135 JANSEN, THOMAS, Jr. 1. Appointment of, lieutenant-colonel Ulster county militia,. . . . 528 JAY, JOHN. (See Continental Congress, 97.) 1. Election of, as chief justice, 910 2. Vote of thanks to, for his long and faithful services as a De- legate in Continental Congress, 931 JENKINS, RICHARD. 1. Late master of a vessel of Thomas Ludlow; information of, relative to vessel and cargo, and relating to Quebec, 123 JEWS. 1. Exemption of Hart Jacobs from the performance of military duty on Friday nights, part of the Jewish Sabbath, 260, 261 IMPEACHMENT. 1. Proceedings of Convention in framing'the constitution rela- tive to power of, 878 IMPRESSMENT OF ARMS. (See Resolutions of Provincial Congress, 58.) IMPRESSMENT OF CONVEYANCES. (See Resolutions of Convention, 5, 61.) INDEPENDENCE. 1. Address of committee of mechanics to Provincial Congress, requesting instructions to Delegation in Continental Con- gress, to use their utmost endeavours to cause these Unit- ted Colonies to become independent of Great Britain, and pledging their lives and fortunes in support of such decla- ration : answer of Provincial Congress, 474 2. Preamble and resolutions of General Convention of Virginia, instructing Delegation from, in Continental Congress, to propose a declaration of, 475 3. Answer of Provincial Congress, 481 4. Letter from Delegation from New-York, in Continental Con- gress, requesting instructions from Provincial Congress on the question of 488 5. Resolution of Provincial Congress recommending to the in- habitants and electors of the Colony to vest their repre- sentatives with full powers to declare and recommend,. . . 490 6. Declaration of, by Continental Congress, 516, 517 7. Reference of, to committee of Provincial Congress, 517 8. Resolutions of Provincial Congress approving of such decla- ration, and pledging the support of this Colony ; provisions for publication thereof, 51S 9. Letter from John Hancock, President of Continental Con- gress, enclosing declaration of, 521 10. Answer of Convention, 521 11. Letter from Contiicntal Congress enclosing declaration of, with the names of the signers, and a resolution that the same be put on record and preserved among the archives of the several United States, 825 INDEPENDENT COMPANIES. 1. Draft of commissioners to officers of, &c 141 INDIAN AFFAIRS. 1. Letter from Delegates in Continental Congress, to Provincial Congress, respecting, 30, 39 2. Answer of Provincial Congress, suggesting the appointment of a superintendent of, 32, 33 3. Message of Provincial Congress to confederated Indian Na- tions, by Joseph Johnson, 50 4. Report of Committee on, 82 5. Sundry papers relating to, delivered to Provincial Congress by Robert Yates of Albany, 95 6. Examination of Gerrit Roseboom, of Albany, and of Benja- min Davis, (alias John Johnson.) relating to 106 7. Journal of the proceedings and meeting of delegation from the Six Nations, sent by commissioners of, to confer with the Caughnawagas, 169,170 1148 INDEX. PAGE. INDIAN AFFAIRS— Continued. 8. Appointment of committee on, 802 INDIAN LANDS. 1 Proceedings of Convention in framing a constitution relative to, &c 880, 881 INDIANS. (See Connecticut, 2, 17.) (See Stockbridge Indians.) (See Mohawk Indians.) (See Oneida Indians.) (See Indian Affairs.) (See Kirkland, Rev. Samuel.) (See Johnson, Joseph.) (See Massachusetts Bay, 11.) (See Caughnawaga Indians.) (See Canada, 7, 8.) (See Mohegan Indians.) (See Johnson, Col. Guy.) (See Five Nations.) (See Ocoghquaga Indians.) (See Tuscarora Indians,) (See Onenaoghkwage Indians.) (See Schuyler, Philip, 24.) (See Brant, Joseph.) 1. Resolution of Continental Congress, for the employment of, in Canada, 482 2. Order of Convention for the free distribution of gunpowder to, in Ulster county near the Susquehannah, 539 (See Ulster County, 55, 62, 75.) (See Oswego.) (See Orange County, 57.) (See Johnson, Sir John.) 3. Information of intended invasion of the northern and western frontiers on the Mohawk river, under the command of Sir John Johnson, 699, 700, 701 (See Indian Lands.) 4. Report of committee, and resolutions of Congress relative to the intrusion of citizens of Pennsylvania, on lands of,. . . . 952 (See Seneca Indians.) (See Tryon County, 32.) 5. Letter from Adam Fonda, to committee of Schenctady trans- mitting an account of an action with, at Oneida creek, and a list of the dead and wounded, 1034 6. Examination of Johannes Oosterhout, Jr. and Nicholas, the sachem, relative to proceedings of, 1054 INHABITANTS, ENUMERATION OF. (See Enumeration of Inhabitants.) INOCULATION. (See Smallpox.) INSPECTORS OF FLOUR. 1. Appointment of, for Orange and Ulster counties, 670 INSTRUCTIONS. 1. Of Provincial Congress to officers relative to enlisting of men, 57, 269 INTELLIGENCE. 1. Appointment of committee to devise ways and means for the conveyance of, throughout the State, by newspapers and otherwise, 674 INTERCEPTED LETTERS. 1. From Gen. Gage to Governor of North Carolina, 57 2. From Joseph Martin, Governor of North Carolina, to Henry White, Esqr 68 3. From Col. James Robertson, to Capt. Montague, command- ing His Majesty's ship, King Fisher, 119,120 4. From Thomas Ash at Boston, to John Shaw, a New- York merchant, 120 5. From Francis Stevens to Gen. Gage, relative to removal of stores, &c. from New-York, 122 6. From Joseph Allicock to Henry Lloyd and Lieut. Butricke,. 122 7. From Theophalact Bache, merchant of New-York, to Major Mocrief, at Boston, taken from Capt. Isaac L. Winne,. . . 141 8. Examination of letters and papers of George Bethune, 144 (See Prisoners, 22 ) 9. From J. H. Dempster, captain of the ship Blue Mountain Valley, to his brother George Dempster, Esqr. Oxford street, London, 259 10. From J. H. Dempster, to Robert Hutter, Esqr. Coleman street, London, 260 11. From J. H. Dempster, to Richard Cardin, Esq. Bucklesbury, London, 260 12. From J. H. Dempster to J. Townshend, 260 13. From Joseph Woolcombe, to his father, 260 14. From Murray, Sansom, & Co. to Rogers Townshend, mer- chant at Goshen, 789 (See Tryon County, 28.) INTERNAL COMMUNICATIONS. (See Resolutions of Convention, 47, 48.) (See Roads.) INTERPRETER. (See French Interpreter.) (See Testard, Rev. John Peter.) (See Prisoners, 54.) JOHNSON, COL. GUY. 1. Letter from Albany committee relative to proceedings of,. . . . 23 2. Letter from Provincial Congress to, 28, 29 PAGE. JOHNSON, COL. GUY— Continued. 3. Letter from Samuel Kirkland to Albany committee, respect- ing proceedings of, and Oneida Indians, 49 4. Letter from Joseph Warren, President of Provincial Con- gress, of Massachusetts Bay, respecting disposition and proceedings of, 54 5. Letter from Committee of Safety to Delegates in Continental Congress, informing of the arrival of, at Oswego, with a body of Indians, 79 6. Letter from, to Provincial Congress, 94 (See O'Conner, John, 2.) JOHNSON, JOHN, (alias Benjamin Davis.) (See Albany City, 25.) (See Indian Affairs, 6.) JOHNSON, JOSEPH. (See Oneida Indians, 4.) (See Mohegan Indians, 1.) 1. Letter from, praying relief, and setting forth his exertions and influence among the western Indians, in favour of the American cause ; petition granted, together with passport and letter of safe conduct, 142 JOHNSON, LADY. 1. Report of committee for escorting, to some proper and safe place of residence, 761 2. Letter from James Hunter, informing of the great resort of people from the Mohawk river, at Williamstown, suppos- ed to carry letters to and from, 777, 780 JOHNSON, CAPT. ROBERT. 1. Letter from David Pye, recommending supplies for, &c 95 2. Capt. Peter Lent and Gilbert Cooper appointed muster-mas- ters for, 96 3. Treasurer directed to pay £100 for use of company, 124 4. Apprehension of deserters from company of, 195 5. Order for payment to, of sums deducted for the apprehension of deserters from company of, 668 JOHNSON, SIR JOHN. 1. Copy of letters from, to Alexander White, 126 (See O'Conner, John, 2.) 2. Letter from Provincial Congress to committee of Tryon coun- ty, respecting the proper course to be pursued in relation to, and respecting claim of, to the court house and jail 212 3. Letter from Major Joab Hoisington to Gen. Gates, transmit- ting intelligence of the movement of, with the Indians and Canadians, with the intention of attacking the inhabitants on the Mohawk river, and meeting Gen. Burgoyne at Al- bany, 699 4. Report of committee of arrangement and conference with General Schuyler, relative to proceedings and movements of, &c 700, 701 5. Letter from Gen. Schuyler, informing of the retreat of, with Gen. Carlton, to Canada, 708 (See Oneida Indians, 10.) 6. Information of proceedings of, communicated by Francis Horsman, a prisoner of war, 1021 7. Information of proceedings of communicated by Gen. Ganse- voort, 1025 JOURNALS OF PROVINCIAL CONGRESS AND CONVENTION. 1. Resolution for transcribing, 651 IRELAND. 1. Information communicated to Provincial Congress, respecting embarkation of British troops from, 42, 43 IRON. 1. Resolution of Convention, authorizing the taking of certain machines for the manufacture of, and providing for com- pensation to the owner, 565 (See Sterling Iron Works.) ISLIP. 1. Letter from Isaac Thompson, enclosing copy of general asso- ciation signed by inhabitants of, 68 JUDGES OF THE SUPREME COURT. (See Chief Justice; Jay, John.) 1. Election of Robert Yates and John Morin Scott, as, 910 2. Declension of Gen. Scotl, 910 3. Election of John Sloss Hobart, 917 JUDICIAL OFFICERS. 1. Proceedings of Convention in framing a Constitution, relative to appointment of, 874, 910 JURY. 1. Proceedings of Convention in framing Constitution, relative to trial by, 882 JUSTICES OF THE PEACE. (See Paulding, William, 2.) IZARD, RALPH. 1. Permission to, to bring with him, from Great Britain, coach, furniture, plate, books, and other effects, 167 K. KEATER, ABRAHAM. 1. Requisition on Treasurer in favour of, for services rendered as a detachment of Capt. Salisbury's company of light- horse, in Ulster county, 1053 INDEX. 1149 PAGE KELLY, WILLIAM, (Captain of 2d battalion of royal American regiment ) 1. Discharged on parol of; parol of, and certificate, 144 KETCHAM, JOSEPH, Jr. 1. Appointment of, as quarter-master in regiment of minute- men in Dutchess county, 135 KETCHUM, ALEXANDER. 1. Appointment of, as second lieutenant in Captain John Gren- nel's company in Huntington, in place of Philip Concklin, who declines, 78 KETELTAS, REV. ABRAHAM. (See Queens County, 35.) KEYSER, JOHN, Jr. 1. Appointment of, as second lieutenant in Captain Christopher P. Yates : company of Tryon county militia, in place of Matthew Warmwood, declined, 103 2. Letter from Col. Goose Van Schaick, informing of death of, and recommending appointment of Tobias Van Vechten, in place of, 200 KIERS, E. W. 1. Accounts of audited, &c 195 KING'S BRIDGE. 1. Resolution of Continental Congress, respecting fortifications at, 16 2. Committee appointed to examine and report thereon, 20 3. Report of, 27, 28, 31 4. Letter from Provincial Congress to Delegates in Continental Congress, relative to erections of fortifications at, 31 5. Appropriation for defraying expenses of removal of cannon from New- York to, 145 6. Lieut. Col. Graham ordered to detach company of minute men for defence of cannon at, 261 7. Letter to Col. Joseph Drake, requesting him to endeavour to find out the persons concerned in spiking up the cannon beyond. 266, 267 8. Answers from Col. Drake, and the sub-committee of West- chester county, and order for apprehension of Isaac Purdy, Wm. Armstrong, Wm. Sutton, James Lownsberry and Joshua Gidney 270, 271 9. Examination and discharge of Joseph Purdy, William Sutton and William Armstrong, 270 10. Examination and order for imprisonment of Joshua Gidney, 271, 272 11. Order to^Col. Drake for arrest of Josiah Burrell, Wm. Hains, Jas. Hains, Jr. Thomas Hains, Isaac Gidney and Joseph Purdy, 273 12. Examination of Wm. Lounsberry, 272, 273 13. Order for apprehension of Isaac Valentine, 273 14. Letter from Jonathan Blake, requesting reinforcement at, .. . 274 15. Examination of Isaac Valentine, Isaac Valentine, Jr. and Wm. Dickin 274 16. Agreement with Jacamiah Allen, for cleaning unspiking and removing the cannon at, 275 17. Letter from Jonathan Blake, transmitting Joseph Purdy to New- York as a prisoner, 276 18. Examination of Joseph Purdy, 276, 277 19. Order for imprisonment of, 277 20. Letter from Jonathan Blake, accompanying, transmitting of Josiah Burrell, Thomas Hains and Isaac Gidney, as pri- soners, to Committee of Safety, 279 21. Examiuation of said prisoners; and order for imprisonment, 280 22. Examination and re-commitment of William Lownsberry, Isaac Gidney and Cornelius McCartney, on charge of spiking the cannon at 341,342 23. Direction to Jacamiah Allen, to guard cannon at, &c 373 24. Proprietors of cannon at, authorized to dispose of the same, 507 25. Resolutions of Convention, authorizing the withdrawal of the troops from the city of New-York to the north side of, at the discretion of the Commander-in-Chief, 524 26. Resolutions of Convention, directing the militia of Ulster, Orange and Westchester counties, to repair under the command of Brig. Gen. George Clinton, to the fortifica- tions beyond, 563 KINGS COUNTY. 1. Names and credentials of Deputies from, to first Provincial Convention, 1, 2, 3 2. Proceedings of meeting of committees of townships of Flat- bush, Brookland, Bushwick, New-Utretcht and Gravesend, to chose such deputies, 3 3. Names and credentials of Deputies from, to first Provincial Congress, 7, 11 4. Appointment of member of Committee of Safety for, 70 5. Officers of company of lighthorse in Kings county, on Nas- sau island, 152, 185 6. Letter to Delegates from, requesting their attendance 198 7. Letter to Delegates, in expectation of the arrival of troops from Philadelphia, to be quartered on Nassau island,. .... 307 8. Committee of Brooklyn directed to provide quarters for said troops : 308, 309 9. Appointment of committee to inquire relative to proper com- pensation to inhabitants of Brooklyn for quartering troops, 327 10. Report of, and order thereon, 332 11. Letter from Provincial Congress to Committee of, relative to 288 PAGE. KINGS COUNTY-Continced. supply of wood and timber for the erection of works on Long island, 340, 341 12. Recommendation and appointment of field and staff officers of regiment of militia in, 351 13. Names and credentials of Deputies from, to third Provincial Congress, 449 14. List of lories and disaffected persons in, and resolutions of Provincial Congress for proceedings against, 476, 477 15. General committee of, recommended to cause measures for the removal of the boats and craft on the river, from the control of disaffected persons, 502 16. One-half the militia of, ordered to Nassau island, 566 17. Appointment of field officers of the mililia drafted from,.... 568 18. Appointment of committee to inquire into the authenticity of rumour that inhabitants of, had determined not to oppose the enemy; and empowering such committee in case they find the rumour true, to disarm and secure the disaffected, remove or destroy the stock of grain, and lay the whole country waste, 567,568 19. Credentials of Deputy from, in Convention, 572 20. Nomination of officers of militia of, 574 21. Resolutions of Convention, declaring the election for repre- sentatives of, in convention void; and requiring a new election to be held 582 (See Nassau Island.) (See Long Island.) (See Rerasen, Jeromus.) (See Smith, Josiah.) 22. Resolutions of Committee of Safety relative to organization and disposition of mililia of, 603 23. Appointment of Representatives in Assembly for,. , 918 KINGSTON. (See Ulster County.) 1. Report of committee to confer with committee of, relative to accommodations for Convention at, 794 2. Adjournment of Convention to, 802,803 3. Resolutions of Council of Safety for the relief of inhabitants of, in consequence of its destruction by the enemy, 1070 KIRKLAND, REV. SAMUEL. 1. Letter from, to Albany committee respecting proceedings of Col. Guy Johnson, and the Oneida Indians, 49 2. Letter from, recommending an Indian for assistance ; referred to commissioners of Indian affairs, 195 3. Letter from, to Gen. Schuyler, giving information of an in- tended attack on the garrison at Ticonderoga, 795 (See Oneida Indians, 8.) KITTLE ANDRIES. 1. Order of Council of Safety relative to portions of estate of, seized by commissioners of sequestration of Albany, 1094 KNAP, SAMUEL. 1. Order for trial of, by court martial as a deserter from Col. Hathorne's regiment, and for reference of sentence, if found guilty, to Convention, 790 2. Proceedings and testimony before court martial ; sentence of death, and letters from Brig. Gen. George Clinton and Jesse Woodhull, President of said court praying for par- don to, 814, 815 3. Order for pardon, 975 Ei. LAKE CHAMPLAIN. (See Ticonderoga and Crown-Point.) 1. Letter from Springfield committee, Massachusetts Bay, re- specting the importance of retaining command of, 76, 77 2. Letter from Gen. Schuyler, requesting Committee of Safety to send on a fit person to take command of sloop on, 79 3. Appointment of Capt. James Smith to such command 80 4. Letter from Benedict Arnold to Gen. Schuyler, and from Gen. Schuyler, transmitting a detailed account of the ac- tion on, between the British and American fleets, and the destruction of the latter, 680, 681, 684 LAKE GEORGE. 1. Proceedings respecting removal of artillery and stores from Ticonderoga to south end of; and for furnishing supplies of provisions to garrison at. (See Ticonderoga and Crown-Point.) 2] Resolution of Continental Congress, directing balteaux to be provided on, 27 LAMB, JOHN. 1. Letter from, to Provincial Congress, read and order thereup- on, 29 2. Letter from, to Committee of Safety requesting permission to enlist a company of artillery to be commanded by him, and specifying uniform of ; and order of committee there- for, 81 3. Appointment of Isaiah Wool as lieutenant fireworker in company of, 97 4. Directed to join Gen. Schuyler at Ticonderoga, 99 5. Pay of company of, 114 6. Ordered to form part of Col McDougall's regiment, 114 7. Resolution recognizing company of as part of colonial troops ; pay of; rank of officers ; and ordered to Ticonderoga, 126, 128 H50 INDEX. PAGE. LAMB, JOHN — Continued. 8. Requisition on Col. McDougall, in favour of wife of, for part pay for services in Canada, 373 LANCES. 1. Resolution of Committee of Safety for procuring, for the use of the militia, 607 LAWRENCE, ABRAHAM. 1. Arrest and order for examination of, 143 2. Reprimand and discharge of, 143 LAWRENCE, ANDREW TELLER. 1. Appointed second lieutenant in Captain Lewis Dubois' com- pany of troops in place of Cornelius Adriance, who de- clines, 71 LAWRENCE, CAPT. JOHN. 1. Warrant to, in place of Morris Hazard, 96 2. Notes of examination relative to movements of British troops, 171 LAWRENCE, JONATHAN. 1, Appointment of, as one of the commissioners to superintend the erection of fortifications at the Highlands, in place of John Hanson, 183 LAWRENCE MELANCTON. 1. Examination of, relative to expedition to Long Island and other islands in Suffolk county, to procure cattle and sheep for the use of the British army ; and relative to the move- ments of the British troops generally , 119 2. Order for discharge of, on certain securities and engage- ments, 120 (See Allicock, Joseph.) LEAD. (See Lead Mines.) (See New-York City and County, 145.) (See Tryon County, 24.) LEAD MINES. 1. John Griffiths authorized to examine in Goshen or elsewhere, 142 2. John McDonald directed to examine at Newborough, on land claimed by Thomas Palmer ; and letter to said Palmer,. . . 148 3. Letter from Thomas Palmer, relating to, 167 4. Appropriation to John McDonald, for services of, in examin- ing, 167 5. Resolution of Continental Congress recommending a prose- cution of the discovery of, in New-Canaan ; and transmit- ting copy of report of Joseph Hopkins thereon to the General Assembly of Connecticut, 318 6. Proceedings of Provincial Congress thereon ; employment of John McDonald, as a minor ; contract with, and requisi- tion on Treasurer in favour of, 322 7. Letter to committee of Kings district, Albany county, inform- ing of the said appointment, 322 8. Report of John McDonald and requisition on Treasurer in favour of, . . .' 384, 528 9. Directions to Mr. McDonald to explore mines in Orange and Dutchess counties, 388, 579, 599 10. Resolutions of Continental Congress recommending the working of, in the several Colonies, 482 12. Report of committee relative to, in Dutchess county, 485 13. Requisition on Treasurer in favour of Governor, for working of, 1111 LEARY, WILLIAM. 1. Appointment of, as town major on recommendation of New- York general committee 209 2. Appointment of, as major of third regiment of militia, vice John Reade, resigned, 472 LEDIEU, CAPT. ABRAHAM. 1. Authorized to raise a company of volunteers to serve in Col. Thomas' regiment of Westchester county militia, 564 LEDYARD, BENJAMIN. 1. Appointment of, as captain in first battalion, in place of Samuel Broome, declined, 80 2. Draft on Treasurer for payment of, 188 3. Company of, ordered to repair to the Highlands, for the de- fence of the fortifications at, 194 4. Order of Provincial Congress, respecting company of, 217 5. Requisition on Treasurer in favour of, for sundry expenses incurred by, in taking charge of prisoners 263 6. Letter from, relative to ill treatment received from Col. Hen- ry B. Livingston, and requesting to be transferred to Col. Van Cortlandt's regiment ; answer of Convention, 915 LEDYARD, ISAAC. 1. Appointment of, as surgeon's mate, to first regiment, 380 LEE, CHARLES. 1. Appointment of, by Continental Congress, as major-general,. 63 2. Letter from Committee of Safety to, relative to apprehended march of troops of, to the city of New- York, and an- swer 259, 266 3. Directions for reception of, on arrival at New- York, 270 4. Appointment of committee of Continental Congress to in- quire into expediency of expedition to New-York 274, 275 5. Letter from Gen. Washington, relative to expedition of, 277 6. Report of committee of Continental Congress, and proceed- ings of Committee of Safety thereon, 277, 278 7. Order for admission and reception of troops of, under direc- tion of Committee of Safety and Provincial Congress, 277 PAGE LEE, CHARLES — Continued. 8. Note from committee respecting the extent of their powers in the case, &c 278 9. Letter from Col. Waterbury, respecting accommodations for troops of, in the city of New-York, 278 10. Conference with committee of Continental Congress, request- ed by Committee of Safety, 278 11. Result of such conference, 279 12. Conference with Committee of Safety and Continental Con- gress, relative to the erection of fortifications on Nassau island, and near Hellgate, 284 13. Requisition on Treasurer in favour of, 286 14. Resolution of Committee of Safety, authorizing the calling in of minute men from the Colony, in addition to the two Connecticut, and Lord Stirling's, regiments, for the de- fence of the city, 288 15. Provision for auditing accounts of, 298 16. Letter from, to Provincial Congress, submitting the case of Jean Baptiste D'Gas, and recommending the establishment of a company of artificers ; proceedings of Provincial Con- gress thereon, 298 17. Letter from, respecting a report of a fleet at Sandy-Hook, and proposing the despatch of a whale boat to reconnoitre, . . . 300 18. Report of committee, respecting appointment of commissary for Continental stores, and establishment of a commissary of artificers, 302 19. Letter from, apprising of abuse of indulgence shown to Gov. Tryon, and of interdiction of all communication with his ship, 304 20. Order for delivery to, by Theophilus Hardenbrook, of beds, quoins, and other implements for cannon, in his custody,. . 309 21. Letter from, informing of the seizure, by the Asia and Phoe- nix, of provision vessels from the jerseys, and suggesting the withholding of further supplies ; answer of Provincial Congress, 312 22. Resolutions of Continental Congress for supplying, with a quantity of suitable cannon and other necessaries, for the siege or assault of Quebec, 318 23. Appointment of committee to forward, and requisition on Treasurer for advance for, 318 24. Letter from, requesting an advance of money for his troops ; and requisition on Treasurer in favour of, 326 25. Letter from Provincial Congress to, respecting demand of commissary of Continental troops for certain hospital stores in possession of Colonial commissary, 330 26. Appointment of committee to inquire of, the reason for in- terdicting communication between Gov. Tryon's and oth- er ships, contrary to resolutions of Provincial Congress ; and the occasion of the firing, by the soldiery, on inhabi- bitants coming to and returning from New-York; report of committee, 333, 335 27. Letter from, informing Provincial Congress of the probable removal of the British troops from Boston ; and remon- strating against the liberation of enemies to the country, on giving bonds for their good behaviour, 336 28. Report of committee, and proceedings of Provincial Con- gress thereon, 336 29. Letter to, from Provincial Congress, relative to arrest and imprisonment of Saml- Gale, of Cumberland county, and to firing upon inhabitants by port guards, 340 30. Letter from, relative to supplies of timber for completion of works on Long island, , 340 31. Answer of, to committee waiting upon, with regulations for supplying ships of war, and Governor's ship, with provi- sions, 341 32. Letter from, on the same subject, and also relative to the ar- rest of Mr. Gale, and the firing of sentries on the boats; and apprising Provincial Congress of his order for the ar- rest of all the professed tories on Long island, 343 33. Letter from Gen. Schuyler to, relative to condition of the troops in Canada, &c 347, 348 34. Letter from delegation in Continental Congress to Committee of Safety, respecting the imposition of test oaths, &c. by,. 379 35. Taken prisoner, and brought to New-York 789 LEE, THOMAS. 1. Appointment of, as 2d lieutenant in Capt. Jacobus Rosekrans' company 100 2. Appointment of as 1st lieutenant, on declension of Samnel Van Veghten, 112 LEGISLATURE. (See Senators ; Assembly.) 1. Proceedings of Convention in framing a Constitution, respect- ing powers, &c. of, 869, 870, 871, 884 2. Letter from Gov. Clinton to Council of Safety, respecting the prorogation of, and answer of Council, 1027 3. Proclamation of Governor proroguing 1027, 1028 4. Circular to members of, informing of the proclamation of the Governor, convening, 1092 LENT, ABRAHAM. 1. Resignation of commission of as colonel of militia regiment in Orangetown, and letter of John Haring accompanying, 394 LENT, CAPT. PETER. 1. Appointment of, as muster-master, of Capt. Robert Johnson's company, 96 LEONARD, GEORGE. 1. Letter lrom, offering the use of the Orange furnace to the INDEX. 1151 PAGE. LEONARD, GEORGE— Continued. Convention, during the residue of the lease of Samuel Pa- trick, deceased, 796 LEFOY, THOMAS. 1. Appointment of, as 1st lieutenant in Capt. Ambrose Horton's company, 389 LESTER, MORDECAI. 1. Order for apprehension and committal of, on charge of enlist- ing men and purchasing supplies for the enemy, 138 2. Application of, for a hearing respecting certain charges against ; granted, with safe conduct, 183 3. Examination and discharge of, with reprimand, 185 LEWIS, FRANCIS. (See Continental Congress.) 1. Charge of, against John Thurman and Normand Tolmie, for defamation of; order of Committee of Safety for the ap- pearance of said Thurman and Tolmie; examination re- lating to said charge, 428 2. Vote of thanks to, for his long and faithful services as a Dele- gate in Continental Congress, 931 LEWIS, MORGAN. 1. Letter from Delegates in Continental Congress, recommend- ing appointment of, as brigade-major, 90 LIBERTY, SLOOP. (See Ships and Vessels, 4.) LIEUTENANT-COLONELS. 1. Appointment of for several regiments,. . . 62, 98, 135, 528, 534, 568 (See Warner, Seth, 3.) 2. Return of field officers of the militia of Tryon county, 139 LIEUTENANTS. (See Lawrence, Andrew Teller.) (See Meyer, John.) (See Smith, Edmund, Jr.) (See Tillotson, Daniel.) (See Allen, Henry.) (See Mitchell, Thomas.) (See Bleecker, Leonard.) (See Swartwout, Cornelius.) (See Reid, John, Jr.) (See Taylor, Andrew.) (See Miller, Elijah.) (See Dubois, Cornelius I.) (See Pelton, Daniel.) (See Smedes, Abraham.) (See Thompson, Thomas.) (See Weed, Reuben.) (See Thorne, Samuel.) (See Field, Joseph.) (See Ten Broeck, Samuel I.) (See Bower, Jacob.) (See Lockwood, Joseph.) (See Pell, Saml. Tredwell.) (See Bellows, Jonas.) (See Smith, Samuel.) (See Ketchum, Alexander.) (See McCune, William.) (See Jackson, Geo. Hamilton.) (See Palmer, David.) (See Dubois, David.) (See Grigg, James.) (See De Witt, Thomas.) (See Pawling, Albert.) (See Jansen, Cornelius T.) (See Roggin,Petrus.) (See Van Wort, Isaac.) (See Van Veghten, Samuel.) (See Lee, Thomas.) (See Fink, Andrew, Jr.) (See Keyser, John Jr.) (See Bevier, Philip Dubois.) (Martin, William ) (See Alger, William B.) (See Tryon County, 12.) (See Crane, William.) (See Sickler, John, Jr.) LIGHTFOOT, RICHARD. 1. Petition of, for aid in the establishment of a pin manufac- tory, 178 LIGHTHORSE. 1. Officers of company of, in Kings county, on Nassau island, 152, 185 2. Receipt of Isaac Sebring, an officer in, 220 3. Officers of company of, in Cornwall precinct, Orange county, 472 4. Report of committee on the application of Lieuts. William Boerum and Daniel Rapalje, officers of troop of, and reso- lutions of Convention thereon, 661 5. Requisition on Treasurer for advance to Ebenezer Woodhull, for pay and subsistence of Orange county troop of, called into service by Brig. Gen. George Clinton, 670 6. Requisition on Treasurer for advance to Lieut. Boerum, for pay and subsistence of Capt. Adolph Waldron's company of, ... 762 7. Detachment of, ordered by Gov. Clinton, for the more speedy conveyance of public despatches, 1029 LIGHT HOUSE. (See Sandy-Hook.) LINCOLN, GEN. BENJAMIN- (See Vermont, 6.) PAGE. LINEN MANUFACTORY. (See Hunter, John.) 1. Exemption of Richard Cantillon and John Parkinson, and their workmen in, for drafts for militia service, 548 LIVINGSTON, ABRAHAM. 1. Appointment of, as temporary commissary for troops arriving in the city of New- York, 303 2. Requisition on Treasurer in favour of, 315 3. Acceptance of proposals of, for victualling Colonial troops,. . 360 4. Letter from, informing of deputation from Walter Livingston, to furnish provisions, &c. to Continental troops, 360 5. Resolution of Provincial Congress, for advance to, on giv- ing security for the performance of contract respecting the victualling the troops, 362 6. Appointment of committee to contract with, 365 7 Contract with, and resolutions of Provincial Congress re- specting, 367 8. Instructions to committees of Westchester and Dutchess to permit exportation of provisions to New-York, by, 376 9. Permission to, as agent for Philip Livingston, to export pro- visions and produce for the service of the United Colo- nies, 380 10. Bond of, filed, and requisitions on Treasurer in favour of, 388, 405 11. Permission to drovers employed by, to purchase cattle, . ... 70 MENEMA, DANIEL. 1. Appointment of, as surgeon's mate in Col. Ritzema's regi- ment, 424 MERCEIR, CAPT. WILLIAM. 1. Appointment of, to superintend the lading of vessels in the city of New-York, under the direction of Continental and Provincial Congress ; and also to superintend the making of carriages for cannon ; provision for payment, ... 267 2. Requisition on Treasurer in favour of, 380 3. Requisition on Treasurer in favour of, for payment of ex- penses in fitting out armed schooner Montgomerie, 408 MERCHANTS. 1. Of the city of New-York, desired to attend the discussion in the Provincial Congress, on the expediency of the emission of a Continental paper currency, 15 2. Committee appointed to examine list of articles retained by, at request of city committee, and report of, 33, 34 3. Letter from Provincial Congress to merchants of Canada respecting the establishment of a mail route from New- York to Canada, and the views of the confederated colonies, 40 4. Memorial of Peter Clopper and others, respecting the expor- tation of flaxseed, and resolutions of Provincial Congress, respecting, 106 (See New-York City and County, 59, 60, 64, 133.) (See France, 1.) MESSENGERS. (See Shaier, Jacob.) (See Stephen Joseph.) 1. Order of Provincial Congress respecting payment of, 46 2. Pay of, to Albany, 67 3. Oath of secrecy administered to, 551 MIFFLIN, THOMAS, (Quarter-Master-General.) 1. Letter from, requesting supplies of lumber, ccc. for the use of the array, 651 2. Resolutions of Convention therefor, 652 MILITARY COMMITTEE. 1. Appointment of, by Provincial Congress, 91, 96, 306 2. Appointment of committee to prepare instructions for 306 3. Report of, respecting the expediency of obstructing the navi- gation of the East river, restricting communication with British ships of war, and regulating the supply of provi- sion, &c. to 308,309 4. Report of, respecting companies in Col. Swartwoul's regi- ment of minute men, &c 314 5. Report of, respecting articles necessary to be provided by the commissary for Colonial troops, 324 MILITARY STORES. 1. Proceedings respecting removal of, from Ticonderoga to the south end of Lake George, 9, 10, 11, 12 2. List of, forwarded by Col. Arnold, 22, 23 3. List of, ordered by Provincial Congress to be forwarded to Ticonderoga, 32 4. Resolution of Provincial Congress, respecting removal of mi- litary stores belonging to the Crown, from Turtle Bay, and appointment of committee to direct dispersion of those en- gaged in such removal ; report of committee, 35 5. Coopers permitted to go and put them in repair, 37 (See Powder.) (See Muskets.) (See Curtenius, Peter T.) 6. Committee appointed to procure tents to be made, and report of, 45 1158 INDEX. 10. 11. 12. 13. 11. PAGE. MILITARY STORES— Continued. Provision for, second regiment, 94 Sundry articles of, to be provided, 97 (See Foster, John.) (See Suffolk County, 9.) Commissary directed to forward sundry articles of, to Alba- ny, for use of Gen. Montgomery, 106 Brass kettles, directed to be furnished for use of troops, 109 Inventory of, taken from stores adjoining Bowden's house,. . 123 (See Hallett, Joseph, 3.) (See Livingston, Peter Van Brugh, 11.) Appointment of committee to employ and despatch vessels for purchase of; appropriation for, and mode of expendi- ture, 145, 148 Col. McDougall authorized to purchase a quantity of cartouch paper for use of counties, 225 Agreement with Lieut. Jacob Wright, of the company of mi- nute men in Jamaica, for the making of cartouch boxes,. 270, 271 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Appointment of Richard Norwood as commissary of, for city and county of New-York, 290 Inventory of, taken out of lower barracks by order of Provin- cial Congress ; order for safe keeping and preservation of, : 313 Order for erection of a magazine or store house for, in the city of New-York, 325 Order for erection of a magazine or store house for, in the county of Westchester, 336 Resolution of Provincial Congress, recommending the pur- chase of blankets, muskets, &c 354 Directions for furnishing sundry articles of, for artillery in the city of New- York, 376 Appointment of committee to ascertain and make an invento- ry of, belonging to, or taken from, the Colony, for Conti- nental service, 508 Order for removal of, from the city of New- York, to the White-Plains, in Westchester county, 512 (See Albany City and County, 53.) Order for removal of, from White-Plains to Fishkill 606 Account of lead, ball and flints, delivered by commissary of, in pursuance of order of Congress 655 Resolution of Committee of Safety, directing an inventory of, belonging to State, &c 665 (See France.) Appointment of John Lasher, as commissioner of, 920 (See Sackett, Nathaniel, 2.) Resolutions of Council of Safety for security of, &c 1065 MILITIA. 1. Resolutions of Continental Congress for the arming and training of, in the city of New-York, 16 2. Provincial Congress to determine the number of men proper to be embodied for the defence of the fortifications at King's Bridge ; the manning of the batteries at the High- lands ; the posts at or near Lake George, and the defence of the city of New-York ; the whole not to exceed three thousand, to be commanded by officers appointed by Pro- vincial Congress, and governed by rules and regulations established thereby, 16 3. Pay of ; and bounties and clothing not to be allowed to,. . . 16 4. Troops, how long to be enlisted for, 16 5. Resolution of Provincial Congress, recommending general or- ganization and training of, 21 6. Appointment of committee to report arrangement of troops to be embodied for defence of the Colony, and rules and regulations for government of, 21, 69, 103 7. Letter from Delegates in Congress respecting arming and disciplining of, and answer of Provincial Congress, 30, 32 8. Report of committee relative to arrangement of Colonial mi- litia,. 104, 114 to 116 9. Companies of, recommended to be furnished in the several ci- ties, towns, manors, precincts and districts ; officers of, how to be chosen and vacancies filled, and minute men how to be selected and officered, 104, 114 to 116 Militia bill, 114 to 116 Appointment of field officers of Ulster county militia, 135 Draft of commission to officers of, &c 141 Recommendation to colonels of, to muster their men at conve- nient rendezvous, when required by any public alarm, and to erect beacons, 177 Appointment of committee to revise militia law, and report of, 224, 228, 230, 231 Determination of rank of officers of, in the several Colo- nies, 229, 230, 231 Letter to Continental Congress, respecting expediency of permitting choice of officers of, by Provincial Congress in certain cases, 246 Appointment of committee to revise laws relating to, 304 Report of, 305, 306 Letter from Provincial Congress to the several colonels of, di- recting the holding of their regiments in readiness to march on a moment's warning, 337 Appointment of committee to consider the state of, and pro- per disposition for, 461 1. Report of said committee, and proceedings of Provincial Con- gress thereon, 478,479, 486, 487 22. Resolutions of Continental Congress for the raising of rein- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. rAGE. MILITIA— Continued. forcement of, for the army in Canada, and at New-York ; quotas of the several eastern and middle States, and of the several counties, 482, 483 23. Resolutions of Provincial Congress, relative to the rank and number of, for the reinforcement of the army at New- York 487 24. Resolutions of Convention, ordering into service at the High- lands and at Peekskill, one fourth of the militia of West- chester, Dutchess, Orange and Ulster counties, and provid- ing for the arrangement, pay, bounty and subsistence of, &c 525, 526, 532 25. Resolution of Convention, forming the militia of the counties of Charlotte, Cumberland and Gloucester into two separate brigades; appointment of brigadier-generals, 551, 552 26. Resolution of Convention, exempting troops of horse from drafts in, 561 27. Resolution of Convention relative to emoluments in 566 28. Resolution of Convention, for punishment of neglect of duty, disobedience to orders, or resignation of officers of, and for absence or desertion of men drafted in, 567 29. Resolutions of Council of Safety relative to emolument of, and for the reinforcement of the northern army and the garri- son at the Highlands, 1023 30. Resolution of Convention for the more effectual obedience of, to their commanding officers, 1071 MILITIA LAW. (See Militia, 10, 14, 17, 18.) MILLER, CHRISTOPHER. 1. Appointment of, as captain-lieutenant of Capt. Anthony Rut- gers' artillery company, in the city of New- York, 66 MILLER, ELIJAH. 1. Appointment of, as 1st lieutenant in Capt. Thomas's compa- ny, in Col. Drake's regiment of militia, at New-York, .... 526 MILLER, MATTHIAS B. 1. Appointment of, as surgeon to Col. David Sutherland's regi- ment of militia, 755 MINUTE MEN. 1. Provision for selection and command of, 104, 114 to 116 2. Appointment of field officers for two regiments of minute men in Dutchess county, 135 3. Draft of commission to, 152 4. Recommendation to officers of, to fix upon some convenient place for rendezvous, and to erect beacons, 177 (See Westchester County, 15, 25, 34, 40.) (See Dutchess County, 13,29.) (See Orange County, 20, 24, 25, 33, 40, 41, 42.) (See Ulster County, 14, 16,21,29,43.) (See Suffolk County, 33, 35, 38, 42, 57, 58.) (See Cumberland County, 12.) (See Albany County, 45.) 6. Letter to delegation in Continental Congress, respecting pay of, 325 7. Letter to the several colonels of regiments of, to be in readi- ness to repair to the defence of the Colony, 337 (See Swartwout, Jacobus. 7, 8.) 8. Order of Provincial Congress relative to enlistment into the Continental service, of men belonging to regiments of,. . . . 337 9. Resolution of Provincial Congress, declaring regiments of, to be under the command of brigadier-generals of militia, .. . 368 (See City and County of New-York, 137, 138.) 10. Order of Committee of Safety to commanding officers of the respective corps of, to permit the enlistment of men from, into the several Colonial regiments, 386 (See Humphrey, Cornelius.) 11. Abolition of the order of, 479 MITCHELL, THOMAS. 1. Choice of, as 2d lieutenant in Capt. John Sands' company of militia, in Queens county, 173 MOBS AND RIOTS. (See Resolutions of Provincial Congress, 16.) (See General Association, 4.) (See Duer, William, 3.) (See Charlotte County, 2.) 1. Resolutions and proceedings of committee of Cambridge, Ho- sac and Bennington, discountenancing; 147 Letter from Committee of Safety respecting, 147 Resolutions of Provincial Congress, disapproving of certain riots in New- York city, 491 Resolutions of Provincial Congress, authorizing the suppres- sion of, by calling out the militia, 493 • (See Ulster County, 67.) MOFFAT, THOMAS. 1. Appointment of, as major to Col. Isaac Nicoll's regiment,. . . 690 MOHAWK INDIANS. 1. Letters and documents from Albany committee, respecting disposition and proceedings of, 24, 24 MOHEGAN INDIANS. 1. Receipt of letter from Joseph Johnson, an Indian preacher to, 75 MONOPOLIES. (See Engrossing and Monopolies.) MONTAUCK POINT. 1. Letter from committees of East and South Hampton respect- 2. 3. 4. INDEX. 1159 PAGE. MONTAUCK POINT— Continued. ing exposed situation of. and adjacent places, and request- ing troops for defence of, &c 74, 75 2. Letter from Provincial Congress to committees of correspon- dence of East Hampton and Southold, enclosing copy of letter from Gen. Washington to Gen. Wooster, informing of the sailing of men of war from Boston, and suggesting precautionary measures for defence of, 95 (See Suffolk County, 18, 21, 68.) (See Hulbert, John, 3.) MONTGOMERY, FORT. (See Highlands.) MONTGOMERY, RICHARD. 1. Resolution of Provincial Congress, recommending appoint- ment of, as a brigadier-general, 31 2. Letter from Provincial Congress to Delegates in Continental Congress, defining the requisite qualifications for a gene- ral otficer, and recommending as above, 32, 33 3. Appointment of, by Continental Congress, as a brigadier-ge- neral, 63 4. Letter from, requesting the forwarding of military stores, and concerning the proceedings of certain officers in His Majes- ty's service, 105, 106 5. Answer of Provincial Congress, 106 6. Letter from, requesting each of the troops forwarded to Ticon- deroga may be furnished with a certain quantity of pow- der, 107 7. Letter from Col. Rudolphus Ritzema, detailing the attack on Quebec, and death of General Montgomery, 286, 287 MONTREAL. 1. Letter from Albany committee, respecting hostile proceed- ings of Governor of, 54 MONTRESOR, JOHN. (See Ustick, William.) MOODIE, ANDREW. 1. Appointment of, as adjutant of 3d regiment, in place of Adam Scheoter, 158 2. Pay of, when to commence, 158 3. Directed to join the army under the command of Gen. Schuy- ler, 158 4. Order for payment of, and arrangements respecting, 160 MORRELL, JOHN. 1. Letter from committee of safety of Newburg and New- Wind- sor, and affidavits respecting conduct of, in opposition to the liberties of the American Colonies, 81, 82 2. Sent by Committee of Safety as prisoner, to Col. McDougall's camp, 82 3. Liberation of; letter of Provincial Congress to committees of Newburgh and New- Windsor, and admonition to, 93 MORRIS, GOUVERNEUR. 1. Election of, as a Delegate to represent this State in Con- gress, 931 2. Letter from, relative to the condition of the New-Hampshire Grants 1011 3. Requisition on Treasurer in favour of, 1073 MORRIS, LEWIS. 1. Appointed brigadier-general of the militia of Westchester county, 482 2. Directed to march the men drafted from the militia in his brigade to the mouth of Croton river, 541 3. Directed to take possession, with his whole brigade, of such part of the Sound and Hudson's river as he may think most exposed to the enemy 566 4. Resolution of Convention, requesting return of, from his seat in Congress, and the resumption of the command of his brigade, 672 5. Answer of, 654 6. Letter from Committee of Safety to, relative to the same sub- ject 666 7. Vote of thanks to, for his long and faithful services as a Dele- gate from this State in Continental Congress, 931 MORRIS, LEWIS, Jn. 1. Appointed brigade-major of the militia of Westchester coun- ty, 482 MORRISON, MALCOM. 1. Appointment of, as major in regiment of minute men in Dutchess county, 135 2. Resignation of, and recommendation of Henry Ludenton in place of, 351 3. Letter from, to Provincial Congress, enclosing petition of Archibald Campbell, of Pauling's precinct, in Dutchess county, complaining of forcible outrages committed upon his property, 352 4. Requisition on Treasurer in favour of, for payment of batta- lion of minute men, commanded by, in the city of New- York, 441 MEYER, JOHN. 1. Chosen 1st lieutenant in beat No. 29, 150 (See Petitions, 51.) MORRIS, RICHARD. 1. Appointment of, as judge of the high court of admiralty,. . . . 550 2. Declension of, 553, 554 MOSS, CAPT. ISAAC. 1. Requisition on Treasurer in favour of, for pay and subsis- PAGE. MOSS, CAPT. ISAAC— Continued. tence of company of rangers commanded by, in Charlotte county, 822 MULFORD, COL. DAVID. 1. Statement of regiment of, in Suffolk county, 339 MULFORD, JOB. 1. Appointment of as adjutant of 4th regiment, 99 (See Livingston, Peter Van Brugh, 12.) MURRAY, LINDLEY AND ROBERT. 1. Bond of, for the erection of salt works, and requisition on Treasurer in favour of, 456 MURRAY, ROBERT AND JOHN. 1. Proceedings relating to case of, referred to Provincial Con- gress by Continental Congress, 34 2. Resolution of Provincial Congress, restoring them to their commercial privileges and the forgiveness of the public,. . 38 3. Commissary authorized to purchase certain articles of. 65, 97 4. Letter from commissary, respecting negotiations for, 99 5. Letter to committee of Elizabethtown, respecting, 99 MURRAY, SANSOM, MURRAY & CO. (See Ships and Vessels, 1.) MURRAY, SANSOM & CO. 1. Intercepted letter from, to Rodgers Townsend, merchant, of Goshen, and order of Committee of Safety, for taking and securing property of, within this State, and returning an inventory thereof, 789 MUSKETS. 1. Consultation with Henry Watkeys respecting making of, and resolutions of Provincial Congress thereon, 30,41 2. Letter from Robert Boyd respecting making of, 39 3. Order of Provincial Congress for transmission of, from the different counties, to committee of city of New- York, 57 4. Agreement with Messrs. Watkeys and Boyd, 62 5. Order for reduction in length of, &c 75 (See New-York, 26, 31.) 6. Proposition by Committee of Safety, for procuring of, from New-Jersey, 85 7. Agreement with Cornelius Afherton for the making of, and bayonets, 221, 246 8. Approval and adoption of said contract, by Provincial Con- gress, and order for advances of money thereon,. . .221, 222, 246 9. Advertisement for proposals for manufacture of, by Commit- tee of Safety, 393 10. Contract with Thaddeus Noble for making of, and requisition on Treasurer in favour of, 421,553, 554 11. Directions for purchase of, for use of soldiers, 455, 456 MUSTER-MASTERS. 1. Jacobus Swartwout, Col. Phineas Fanning, David Melford, and Timothy Earle appointed by Provincial Congress, as, 70 (See Holmes, James.) (See Lent, Peter.) (See Clinton, James.) (See Van Cortlandt, Philip.) (See Cooper, Gilbert.) (See Wynkoop, Cornelius D.) MUSTER ROLLS. 1. Of second regiment, returned and filed, 108 2. Of Capt. Rufus Herrick's company, 112 3. Of Capt. Andrew Billings' company, 112 4. Of Capt Lewis Dubois's company, 112 5. Of Capt. Henry B. Livingston's company, 112 IV. NASSAU ISLAND. (See New- York City and County, 107.) (See Tories, 28.) (See Washington, George, 56.) (See General Officers, 6.) 1. Resolutions of Convention, relative to the removal of the stock from, 533, 534, 588 2. Appointment of officers of the troops to be raised for that purpose, 534 3. Letters to Delegation in Congress, and to Gen. Washington, respecting the protection and disposition of the stock on,. 534 4. Landing of British troops at, 585 5. Appointment of committee to confer with Gen. Washington relative to the state of, 593 (See Woodhull, Nathaniel.) (See Connecticut, 49, 50, 51.) (See Long Island.) 6. Appointment of committee to devise ways and means for ob- taining a reimbursement of the moneys paid by this State for the transportation of stock, and effects from, 789 NATURALIZATION OF FOREIGNERS. 1. Proceedings of Convention, in framing a constitution relative to, 851, 852, 853, 860, 861,862 NAUTILUS, SHIP. (See Lott, Abraham, 7.) NAVIGATION, OBSTRUCTION OF. (See Hudson River.) (See East River.) 1160 INDEX. PAGE. NEGROES. (See Queens County, 14.) NEW-BRUNSWICK. 1. Letter from chairman of committee of, requesting return of powder loaned, &c 203 2. Letter from John Dennis, transmitting supplies of powder,. . 221 NEWBURGH AND NEW WINDSOR. (See Orange County, 7, 9.) NEWFOUNDLAND FISHERY. 1. Resolution of Provincial Congress, prohibiting vessels from any British port, sending to, to load certain articles of pro- visions, &c 67 NEW-HAMPSHIRE. 1 . Letter to committee of correspondence for Colony of, respect- ing the fortress of Ticonderoga, 14 2. Quotas of militia of, directed by Continental Congress to be raised in, for the reinforcement of the army in Canada, and at New-York, 482 3. Movement of militia of, to join the grand array, 671 4. Resolution of committee of Safety, requesting general court of, to advance money to Egbert Benson, an agent for so- liciting the reception of prisoners by, 708 (See Wheelock, John.) 5. Letter from chairman of Committee of Safety of, informing of the number of militia sent from that State, to reinforce the northern army, 1041 NEW-HAMPSHIRE GRANTS. 1. Letter from William Duer and committee of Manchester, in Charlotte county, respecting combination of people on, to stop courts of justice at Fort Edward, 71, 72 (See Green Mountain Boys, 3,6.) (See Allen Ethan, 4.) (See Cumberland County.) (See Gloucester County.) (See Vermont.) NEW-JERSEY. (See Elizabethtown.) 1. Letter from Provincial Congress, desiring the establishment of a correspondence with Provincial Congress of New- York, 16 2. Answer of Provincial Congress, 17 3. Letter from Committee of Safety to committee at Brunswick, in, respecting transportation of flour from, for use of Bri- tish Jroops at Boston, 85 4. Answer of Committee, 97 5. Letter to Committee of Safety of, requesting the adoption of measures for apprehending and furnishing deserters ; an- swer of committee, 157, 169 6. Letter from Provincial Congress to Congress of, respecting the best mode of communicating intelligence, and receiving assistance in case of invasion, 177 7. Answer of chairman of Trenton committee, 200 8. Letter from President of Conlinental Congress to Provincial Congress, requesting the furnishing of arms to troops raised in, for defence of the city of New-York, to be sent to Lord Stirling commander of the forces in, 202 9. Examinations of sundry prisoners transmitted by Committee of Safety of, to Committee of Safety of New-York, 256, 257, 258 10. Receipt of letter from Samuel Tucker, President of Provin- cial Congress of, transmitting resolutions relating to the trade of that Colony, " 288 1 1 . Letter from Committee of Safety to Provincial Congress of New-Jersey, requesting them to send Col. Herd's regiment of minute men to Staten island, to prevent depredations on the stock, 290 12. Letter from Committee of Safety to committee of Elizabeth- town, to despatch a portion of militia of, to Staten island, 291 13. Answer of Provincial Congress of, 299 14. Letter to Col. Herd, conveying the thanks of the Provincial Congress for his services in the defence of Staten island; and discharging him from duty, 306 15. Resolution of Provincial Congress of, repealing their embar- go on provisions, 330 16. Letter to Provincial Congress of, requesting them to order their minute men and militia to be in readiness for service on the first notice of invasion, 336 17. Resolution of Provincial Congress of New- York, for dis- mantling the lighthouse at Sandy Hook, 336 18. Instructions to Maj. Wm. Malcom therefor; and letter from New-York Provincial Congress, in committees of inspec- tion and observation in, relative to, 342 19. Letter from committee of Essex county in, relative to pay and provisions, &c. of their militia ordered into New-York by Lord Stirling ; and answer of Provincial Congress, . . . 360 20. Letter to Provincial Congress of, requesting them to recom- mend the forwarding of supplies to New-York, 397 21. Letter from President of Committee of Safety, informing of the arrest and examination of three persons belonging to Westchester county, 418 22. Letter from chairman of New Brunswick committee, accom- panying the transmission of said prisoners to New- York,. 423 23. Quotas of militia of, directed by Continental Congress, to be raised in, for the reinforcement of the army in Canada and at New-York, 482 24. Letter from Provincial Congress to President of Congress of, PACE. NEW-JERSEY — Continued. transmitting examinations, &c. relative to the defection of sundry persons in Bergen county, in, 485 25. Letter from President of Congress of, transmitting a resolu- tios of said Congress authorizing the apprehension of in- habitants of New-York, residing in, and informing of the appointment of committee of secrecy, &c 521 26. Letter from Convention to chairman of committee of Mon- mouth county, in, transmitting examination of Balthazar De Hardt, relative to conduct of tories in said county ; an- swer of committee, 544, 586 27. Letter from Convention to President of Convention of, 544 28. Letter from Brig. Gen. William Livingston, of, communicat- ing information of an intended attack by the British troops on Bergen Point, Elizabethtown and Araboy, 586 29. Letter from Committee of Safety to Gov. Trumbull of Con- necticut, and Gen. Schuyler, informing of the presence of Gen. Howe, at Brunswick, and Gen. Washington at Tren- ton ; and requesting a reinforcement in, &c 745 30. Gen. George Clinton directed to co-operate with Gens. Lee and Gates, in harrassing and distressing the enemy in,. . . . 746 31. Letter from Gen. George Clinton, transmitting information of the battles of Trenton and Princeton, 765 NEWKERK, JACOB. 1. Appointment of, as major of Ulster county militia, 135 NEW LEVIES. (See Schuyler, Philip, 34.) (See Officers, 14.) (See New- York Battalions.) NEWSPAPERS. 1. Resolution of Convention, authorizing the forwarding of, pu- blished in the States of Pennsylvania, New-Jersey, Con- necticut and Massachusetts, for the use of Convention or Committee of Safety, 689 2. Resolutions of Convention, for the dissemination of intelli- gence by means of, &c 694 NEW-YORK BATTALIONS. 1. Resolutions of Continental Congress, directing the raising of four additional regiments in, for defence of Colony, under Continental pay, 265, 266 2. Circulars from Committee of Safety and Provincial Congress, to the various county committees, respecting the enlistment of men and appointment of officers, 269, 308 3. Instructions to recruiting officers, 269 4. Advance of $12,000 by Continental Congress, to aid in pro- moting enlistments and raising such battalions, 5. Appointment of committee to determine the'quota of men and officers to be raised in the several counties ; report of, . 333, 306, 307 6. Nomination of field officers for, 328 7. Acceptance of the proposals of Abraham Livingston, for vict- ualling, 360 8. Letter from delegation in Continental Congress, respecting the organization, arrangement, and officers of, &c 379 9. Directions to commissary, respecting uniforms of, 385 10. Letter from Committee of Safety to Gen. Washington, re- specting the number of troops in; their condition; and transmitting list of field officers of, and statement of ac- counts of general officers, 420, 421 11. Letter from Gen. Washington to Committee of Safety, re- specting command of, 422 12. Albany and Tryon counties assigned to the command of Col. Wynkoop, 424 13. Companies assigned to Col. Clinton's regiment, 424 14. Letter from James Duane, Esq. chairman of the superinten- dents of the Continental treasury, requesting information as to the allowances made to, 452 15. Order ofProv. Congress for raising two additional batta-lions, 467 16. Letter from John Hancock, transmitting resolutions of Conti- nental Congress appointing Major Duboys colonel of ad- ditional regiment directed to be raised in, with instructions to raise such regiment to serve for three years, or during the war; and also appointing subordinate officers of, 510 17. Letter from Convention to Conlinental Congress, relative to such nomination of officers, 520 18. Report of committee and resolutions, &c. relative to arrange- ment of officers of, and the propriety of organizing an ad- ditional battalion of; list of officers of, &c 712, 713 19. Requisition on Treasurer in favour of colonels of, for amount due for bounties to the troops, 713 20. Letter from Committee of Safety to Continental Congress, re- lative to organization of, and requesting permission to or- ganize an additional battalion 715 21. Resolution of Continental Congress, authorizing the forma- tion of an additional battalion, 747 22. Letter from Committee of Safety to Continental Congress, re- lative to the state of, &c 783 23. Resolutions for bounty to recruiting officers in, for their ex- pense and trouble, ••• 829 24. Proceedings of Convention on report of committee for filling up, &c 863 25. Resolutions of Convention, authorizing and providing for the employment of substitutes, for three years, or during the war,. 863, 864 (See Wheelock, John.) INDEX. 1161 PAGE. NEW-YORK, CITY AND COUNTY OF. 1. Names and credentials of Deputies from, to first Provincial Convention, 1 2. Proceedings of Convention relative to Isaac Low, a non-at- tending Deputy from, 3,4 3. Letter from committee of, to the counties, requesting the elec- tion of Delegates to a Provincial Congress, 5 4. General association agreed to, and subscribed by the free- holders, freemen and inhabitants of, 5 5. Names and credentials of Deputies from, to first Provincial Congress, 7, 36 6. Merchants and others, inhabitants of, desired to attend Pro- vincial Congress, on the discussion of the report on the subject of the emission of a Continental paper currency, 15 7. Resolution of the Continental Congress, respecting the de- fence of, and the arming and disciplining of the militia of, 16 8. Fortifications at King's Bridge, 16 9. Committee of Provincial Congress appointed to examine and report thereon, 20 10. Petition of CapL Samuel Tudor, of independent company of artillery in, for ammunition and carriages, received and granted, 24 11. Resolution of Provincial Congress, relative to embarkation of British troops from, 28 12. Committee appointed to examine list of articles retained by merchants of, at request of city committee ; report of, 33,34 13. Proceedings on motion of Messrs. Scott and Tredwell, rela- tive to the dismantling of fort in, and securing certain im- plements and other accommodations for war therein,. . . 35, 37 14. Appointment of secret committee to ascertain the quantity of saltpetre in the hands of apothecaries of, 36 15. Appointment of committee to ascertain and report the quan- tity of the several articles retained by merchants i i, ne- cessary for equipping three thousand effective men, 36 16. Report of quantity of gunpowder remaining unsold in, 36 17. Directions of Provincial Congress respecting, 36 18. Order of Provincial Congress for application of certain por- tions of money raised by subscription, by committee of, to payment of Robert Boyd and Henry Watkeys, for musket and bayonet making, 41 19. Organization of Captain Anthony Rutgers' company of artillery in, from marine society, and appointment of offi- cers of, 41, 66 20. George Campbell and his servant maid, Elizabeth Raudon, sent for by Provincial Congress, for information respect- ing certain ammunition in a store near the Battery, 43 21. Order of Provincial Congress to Alderman Filkin, to search a store near Bowden's house, for gunpowder lodged there contrary to law ; report of, 44 22. Report of committee relative to loan of money to city com- mittee, 45 23. Letter from Provincial Congress to committee of, respecting the collection and purchase of saltpetre, sulphur and brim- stone, 50 24. Gerard Bancker and others requested to have barracks in, prepared for the reception of troops, 50, 53 25. Recommendation of Provincial Congress to general commit- tee of association of, to take effectual measures for pre- venting the spread of smallpox, 50 26. Order of Provincial Congress for the transmission of mus- kets and bayonets from the several counties, to commit- tees of, 57 26. Order and resolutions of Provincial Congress and Committee of Safety, for delivery of muskets, bayonets, &c. be- longing to corporation of, to committee appointed for that purpose, 66, 69 27. Resolution of Provincial Congress, declaring an intended ad- dress, from corporation of, to Governor Tryon, impro- per, 66 28. Appointment of committee to convene all the blacksmiths in, for the purpose of consulting relative to the making of gun barrels, bayonets, &c 67 29. Communication from committee of, respecting arrest of Wil- liam McCleod, ensign of 52d regiment of foot, at Boston, and instructions to, by Provincial Congress, to send as a prisoner of war to committee of Elizabethtown, and to treat with lenity 68, 69 30. Appointment of members of Committee of Safety for, 69 (See Herring, Peter.) 31. Estimate of the value of muskets and bayonets belonging to the corporation of, requested of mayor of, 75 32. Treasurer authorized to pay over to Colonel McDougall certain sums received from general committee of associa- tion in, 79 33. Order of civil magistrates of, with approbation of Commit- tee of Safety, for the building of a boat to replace that be- longing to the crew of the ship Asia, 81 34. Recommendation for appointment of Ebenezer Hazard, as postmaster at, 90 35. Directions to general committee of association at, to take into consideration the papers relating to George Coffin's vessel and cargo, 99 36. Directions to, for examination and report relative to destruc- tion of barge belonging to ship Asia, 102 37. Resolutions of Provincial Congress, directing mayor and ma- 291 PAGE. gistrates of, to build a barge to replace the one belonging to ship Asia, and destroyed, 103, 104 38. Memorial of Peter Clopper and others, merchants of, rela- tive to exportation of flaxseed, and resolution of Provin- cial Congress thereon, 106 39. Report of committee relative to destruction of the barge of ship Asia, 110 40. Letter from General Washington, informing of the appre- hended movement of British troops from Boston to New- York, 109 41. Gen. Wooster ordered to return to camp at Harlem, 110 42. General committee of, directed to make inquiry and report relative to the sailing of a vessel cleared for St. Croix, with provisions on board for use of British army at Bos- ton, in 42. Appointment of committee to employ boats to sail eastward, for the purpose of discovering any fleet coming towards ; authorized to insure such boats against seizure, &c. 110, 111, 113 43. Cannon on the Battery at, to be employed for defence of the fortifications at the Highlands, on the Hudson river,. . 113, 114 44. Resolution prohibiting further removal of cannon or stores from Battery, and for strengthening the guard and pro- tecting the Governor's house, 122 45. Inventory of articles taken from the stores adjoining Bow- den's house, in, 123 46. General committee of, requested to meet daily, for the trans- action of business 123 47. Appointment of committee to search house of Linten, the innkeeper, at the sign of the Blue Bell, for baggage and papers of Alexr. Bell, and disposition of, 129 48. Gabriel W. Ludlow authorized to make disposition of pow- der in., 129 49. Letter from David Burger, in Partition-street, complaining of sundry persons in Richmond county, for supplying a transport with live stock,. 132 50. Firemen of, exempted from military night watch, or military duty out of, 135 (See Records, 1.) 51. Committee of, directed to search for and purchase spare arms, 137 52. Reference to committee of, of application from William Mc- Adam, for permission for sloop Jean to proceed to sea, and also of examination of Alexander Bell, 138 53. Committee of, requested to account for moneys borrowed for use of Colony, , j^q 54. Certificate of Isaac Stoutenburgh, of the taking of muskets, &c. from the City Hall and his house, at the time of re- ceiving accounts of the Lexington battle, 141 55. Quakers residing in, ordered to deliver lists of the males, be- tween 16 and 60, belonging to their society ; refusal of,. . 141 56. Mayor of, requested to demaDd the immediate discharge of William Becker, a citizen of, confined in irons on board the ship Asia 143 57. Memorial of officers or foremen of firemen in, praying for exemption from military duty, and disposition of, 142 58. Appropriation to sub-committee of, to discharge debts for money borrowed for public exigencies, 146 147 59. Permission to Elias Nixon, merchant of, to go to Boston, to obtain payment of moneys due to him, and certificate in favour of, 147 60. Permission to William Remsen and John A. Remsen, mer- chants and lieutenants of militia in, to proceed to Cam- bridge, 150 60. Information by mayor of, of communication from Governor Tryon, informing him of the receipt of letter from Lord Dartmouth, apprising him of orders to the commanders of His Majesty's ships in America to consider cities or pla- ces raising troops or erecting fortifications, &c. as in a state of rebellion, 152 61. Appointment of committee to wait on the Governor, and re- quest an extract of Lord Dartmouth's letter, or its exact Purport, 153 62. M onsieur N. Perree, an elderly gentleman and invalid in, excuses from military duty, and from serving on night watch, 159 63. Petition of Col. Lasher and others, militia officers in, that militia may be ordered to train at least once a week, for three months, 159^ j 60 64. Proposal of a merchant of, to load 500 bbls. of flour to His- paniola, and bring gunpowder in return, 166 65. Directions to wardens of port of, to value pilot boat Bishop of I.andaff, owned by Francis James, employed in public service; estimate, 176, 177 66. Letter from John Hancock, President of Continental Con- gress, communicating information of apprehended attack upon, and requesting the removal of all the sulphur there- in; and resolutions of Provincial Congress thereon, 183 67. Appointment of committee to devise ways and means for safety of women and children in, in case of necessity 185 68. Assurances of Provincial Congress of provision for safety of citizens of, in case of invasion, 187 69. Letter to Continental Congress, respecting exportation of produce from, &c 187 70. Resolution of Continental Congress, for the ascertainment of hostilities committed by ministerial troops and navy in 1162 INDEX. NEW-YORK, CITY AND COUNTY OF— Continued. America, communicated to committee of) for detailed in- formation respecting 187 71. Resolution of Continental Congress, recommending Provin- cial Congress to take possession of blankets and shirts re- maining in the King's stores in, and forward the same, or as many as may be necessary, to Gen. Schuyler, for the use of his army ; letter from Provincial Congress relating thereto, 188, 190 72. Examinations of Thomas Pearsall and Peter T. Curtenius, relative to the raising of the price of certain goods refer- red to committee of, for inquiry, &c 193, 195 73. Anonymous letter from Philadelphia, informing of the pro- bable destruction of, and offering to prepare fire vessels for defence of, 200 74. Letter from Cornelius Clopper, one of Delegates from, to Provincial Congress, resigning his office, 200 75. Letter from President of Continental Congress to Provincial Congress, requesting supply of arms to troops raised in New-Jersey for defence of, to be sent to Lord Stirling,. . 202 76. Letter from Theodorus Van Wyck, one of the Delegates elected for, to Provincial Congress, excusing his non-atten- dance, 203 77. Names and credentials of Deputies to second Provincial Con- gress, 208 78. Doorkeeper ordered to wait upon Deputies from, and desire them to take their seats in Provincial Congress, or assign reasons for non-attendance, 208 79. Recommendation by general committee of William Leary as town-major, and appointment of, 209 80. Recommendation by general committee of Peter Pra Van Zandt as first major, and Patrick Welsh, adjutant, of re- giment of militia in, 209 81. Petition of general committee of, relative to seizure of types in, by a body of troops from a neighbouring Colony ; ap- pointment of committee thereon, 210 82. Report of committee, and proceedings thereon, 213 83. Letter to Governor of Connecticut respecting, 213,214 84. Application of committee of, for loan of money from Provin- cial Congress ; order of Provincial Congress thereon,. . . . 227 85. Commissions ordered to officers of Col. Heyer's regiment and battalion, in, 227 86. Proceedings in Case of John Blackler, referred by committee of, to Provincial Congress, 227, 228, 229 87. Appointment of committee to purchase, arm and fit out a proper vessel to be maintained in the East river or Sound, to prevent persons inimical the liberties of the American Colonies from supplying the ministerial army and navy with provisions, 228 88. Committee of Safety authorized to apply £1,000 to relief of indigent poor in, 231 89. Information communicated by committee of, to Provincial Congress, relative to supposed importation of British goods from St. Eustatia, 239 90. Return of officers of beat No. 13, in, 242 91. Return of officers of beat No. 14,in, 243 92. Information of condition of regiments of Cols. Lasher, Hey- er, and Lott, communicated to Provincial Congress, and order for regular supplies of powder, 244 92. Proceedings of Provincial Congress in the case of Benjamin James, chosen captain of one of the militia companies in, and refusing to subscribe declaration, 246 93. Order for arrest of Alexander Leslie, on charge of traitor- ous correspondence with enemy, 252 94. Troops of Lord Stirling directed to be stationed in, and Gar- ret Roorback appointed barrack-master, 254, 255 95. Letter from Committee of Safety to Maj. Gen. Lee, relative to apprehended march of troops of, to, and answer of Ge- neral Lee, 258, 266 95. Appointment of committee for employment of industrious poor in, in spinning and manufactures, and appropriation therefor, 264 96. Communication by sub-committee of, relative to the expedi- ency of organizing a regiment for defence and protection of the city, in lieu of the military night watch ; and to the lading of vessels without certificates, 264 97. Appointment of Capt. William Merceir to superintend lad- ing of such vessels, and provision for payment of, 267 98. Resolutions of Provincial Congress, relative to supply of provisions for, &c 269 99. Arrangements for reception of Maj. Gen. Lee, on his arrival in, 270 100. Proceedings of committee of Continental Congress, appoint- ed to inquire into the expediency of expedition of Gen. Lee, for defence of, and order for admission with his troops, 277, 278 101. Letter from Col. Waterbury, relative to accommodation of Gen. Lee's troops, 278 102. Application from sub-committee of, relative to the exporta- tion of flaxseed in exchange for powder, and to the exa- mination and inspection of such exports, 280, 281 103. Order for certificate for amount in value of Isaac Gover- neur's exports, 281 104. Employment of John Ramsey, in the manufacture of linen and tow cloth in 281, 282 105. Direction for the purchase and distribution of wood, to the necessitous poor in, 282 PAGE NEW-YORK, CITY AND COUNTY OF-Continued. 106. Examination and proceedings of Committee of Safety on re- ceipt of information of the arrival of transports in the harbour of, with Gen. Clinton and British troops; confe- rences with Hon. Hugh Wallace and mayor, relative to the apprehended arrival of British troops; and arrange- ments with committee of Continental Congress and Gen. Lee, for the protection and defence of the city, 282 283 107. Conference between Committee of Safety, General Lee, and ' committee of Continental Congress, relative to the erec- tion of fortifications on Nassau island and near Hellgate for the protection of, 284 108. Letter from chairman of committee of, to Committee of Safe- ty, respecting application for provisions for ship Asia, &c. and answer of Committee of Safety, 285 109. Resolution of Committee of Safety, authorizing Gen. Lee to call to his aid the minute men of the Colony, in addition to Lord Stirling's and the two Continental regiments, for the defence of, 288 110. Accounts for wood and necessaries for the poor in, audited and allowed, 288 111. Appointment of Richard Norwood as commissary of military stores in, 290 112. Appropriation of £200 for the purchase and distribution of provisions, 8tc. for the poor of, 290 113. General committee of, directed to cause the place of seven Delegates in Provincial Congress who have not taken their seats, to be supplied by election, 296 114. Permission to His Majesty's council, the magistrates of the city, and sundry other officers to goon board His Excellen- cy Gov. Tryon's ship, 296 115. Preparations for the reception and accommodation of troops expected from neighbouring counties and Colonies for de- fence of, 3d 116. Permission to David Mathews, mayor elect, with other ma- gistrates, to go on board the Dutchess of Gordon, on pub- lic business with the Governor 302 117. Proposition of Gen. Lee, to stop the channel of the East river, between the city and Nutten island, so as not to ad- mit line of battle ships ; referred to military committee,. . 307 118. Report of committee thereon; and order of Provincial Con- gress, respecting communication between inhabitants of, and British ships of war, and the supply of provisions therefor, &c 308, 309 119. Appointment of Elias Nexen as portmaster of; and salary of, 309 120. Return of election of Deputies in Provincial Congress for. . 314 121. Return of officers elected in militia company in, 316 122. Appointment of John Tarper, as overseer or wagon master of cartmen employed for the service of the Continental troops in, 319 123. Letter from Wm. Leary, town major, praying for compensa- tion, &c. proceedings of Provincial Congress thereon,. 321, 361 124. Proceedings of Provincial Congress relative to the establish- ment of a hospital in, 323 327 125. Proceedings of Provincial Congress respecting the erection of works southwest of Trinity church, 323 126. Direction for establishment of a store house or magazine for military stores in 325 127. Direction for establishment of a store house for bread, 328 128. Resolution of Provincial Congress prohibiting all obstruction in the supply of provisions to inhabitants of, and to Continental army, 229 129. Information communicated to Provincial Congress by port- master, of the seizure of Gov. Tryon's servants ; and of the inefficiency of his power to enforce the directions of Congress, 332 130. Instructions to barrack master relative to the proper accom- modation of troops and officers arriving in, 339 131. Directions to Captain William Mercier, to take effectual measures to prohibit the exportation of salt from, 343 (See Lee, Charles.) (See Stirling, Lord.) 132. Requisition on Treasurer, in favour of John Ramsey, for employment of industrious poor in, 348 133. Petition of Robert Uobinson and Michael Price, merchants of, testifying their contrition for selling goods at an ad- vanced price, in violation of the orders of the Provincial Congress, and requesting a resolution to favour ; certificate granted by Provincial Congress, 349 134. Regulations agreed to, between Lord Stirling and committee of Provincial Congress, for defence of, 360, 361 135. Resolution of Continental Congress requesting the Gover- nor of Connecticut, and the Conventions, &c. of New- York and New-Jersey, to hold their militia in readiness to march to defence of, whenever desired by Continental com- mander, 370, 375 136. Return of election of Elias Brevoort as captain in the third regiment in, 370 137. Offer of service of second battalion on regiment in, as mi- nute men, 372 138. Acceptance of, and terms of engagement, 373 139. Return of cannon in, fit for service, &c 374, 375 140. Resolutions of Continental Congress, directing sundry bat- talions to repair to, &c ■ 375 141. Directions for furnishing sundry artillery stores for defence of, 376 INDEX. 1163 142. NEW-YORK, CITY AND COUNTY OF— Continued. Appointment of Brig. General Thompson, to take command in 379 143. Permission to Jacobus Van Zandtand Isaac Sears, to export produce from, in exchange for military stores imported by, from Amsterdam 380 144. Appointment of committee to muster troops at the fortifica- tions at Hell Gate and Horn's Hook, 383 145. Leads ordered to be taken from the window cases of the City Hall, and from the Exchange in, for the public ser- vice, 384,511 146. Letter from Brig. Gen. Thompson to Committee of Safety, respecting protection of furniture belonging to persons leaving the city, 393 147. General committee of, authorized to permit the exportation of bar iron, 397 148. Conference with Col Mifflin, quarter-master-general, rela- tive to accommodations for troops in j and order of Com- mittee of Safety thereon, 399, 400 149. College buildings converted into barracks, 400 150. Request of Gen. Washington for the suppression of taverns and tippling houses in, as tending to debauch the soldiery ; and order of Committee of Safety therefor, 408 151. Directions to Alexander Moncrief, to receive into his custo- dy prisoners committed by order of general committee of, 412 152. Recommendation of Gen. Washington for the establish- ment of signals to give information of the approach of the enemy ; and the appointment of corps of minute or militia men, to repair to such stations on any alarm, 412 153. Instructions to Alexander Moncrief, relative to custody of prisoners committed to charge of, and to the police of the prison, 416, 417 156. Resolution of Provincial Congress, ordering return of in- habitants of, to the city, and prohibiting all persons from departing from, without permission ; reconsideration of, 438, 466 157. Names and credentials of Delegates from, to the third Pro- vincial Congress, 448 158. Letter from Gen. Putnam to Provincial Congress, informing of the inoculation of sundry persons in, for the smallpox, by Doctor Betts ; general committee of, directed to inves- tigate the matter, &c 459 159. Report of committee ; and order of Provincial Congress thereon, 461 160. Report of committee respecting the appeal of Andrew Gau- tier, Jr. from, to Provincial Congress, on charge of refusing to receive in payment the Continental paper money ; order for appearance of said Gautier, 461 161. Report of committee respecting the conviction of Thomas Harriot, on a similar charge ; and order for commitment of said Harriot, 465 162. Return of election of officers in the out ward, in, 469 163. Resolution of committee of, prohibiting the demand of gold or silver in preference to Continental bills, 470 164. Examination on appeal of Andrew Gautier from decision of general committee of, on charge of refusing Continental money ; and order of Provincial Congress pardoning and absolving him from said office, 473, 474, 473 165. List of tories in, and resolutions of Provincial Congress re- specting proceedings against, 476, 475 166. Examination on appeal of Thomas Harriot, from decision of general committee of, on charge of having refused Con- tinental money ; decision confirmed, _ 488 166. Requisition on Treasurer in favour of the justices and vestry- men in, for the purpose of providing for the poor in, 489 167. Resolution of Provincial Congress disapproving of certain riotous and disorderly conduct towards the tories in ; and authorizing suppression of, 491, 492 168. Letter from Lieut. Davidson, on board the armed schooner Gen. Schuyler, informing of the sailing of General Howe, with the British fleet from Hallifax, for, 509 169. Adjournment of Provincial Congress, and order for removal of public treasures, records and military stores from to White Plains, in Westchester county, in apprehension of an attack on the city, 512 170. Appointment of committee to report the proper places for the reception and means of support of the poor inhabitants of, 518 171. Names and credentials of Deputies from, to fourth Provin- cial Congress, at White Plains, 519 172. Resolution of Convention, authorizing the abandonment of, at the discretion of the Commander-in-Chief; and the with- drawal of the troops from, to the north side of King's Bridge, 524 173. Resolution of Convention prohibiting the exportation of provisions from the port of, under penalty of forfeiture of vessel and cargo, 537 174. Letter from committee of, complaining of the high prices at which Bohea tea is sold in, 553 175. Letter from committee of, complaining of the inefficiency of the police in, 553 176. General committee of, directed to furnish Gen. Washington with the telescope belonging to the college at ; and resolu- tions of Convention for indemnifying the governors of the college therefor, 556, 559 177. Letter from committee of, respecting the right of, to elect Representatives from, 557 PAGE. NEW-YORK, CITY AND COUNTY OF — Continued. 178. List of houses in, authorized to be employed for the use of the general hospital, 568 179. Letter from Gen. Washington, recommending the removal of the women and children from ; and resolutions of Conven- tion therefor ; and for the relief of the indigent and infirm inhabitants of, 578 180. Letter to General Washington respecting rumour of the burning of, 584, 588 181. Order for removal of the post office from, to some convenient place near Dobb's Ferry, in Westchester county, 602 182. Resolution of Convention authorizing Gen. Washington to cause all the bells in the churches and other public edifices in, to be taken down and removed to Newark, in New-Jer- sey, to prevent their falling into the enemy's hands, 610 183. Resolution of Convention authorizing Committee of Safety and correspondence in, to take from the doors of the houses in, the brass knockers, and forward the same to Newark, 613 184. Evacuation of, by the American army, 629 185. Intelligence of a great fire at, 641 186. Letter from Gen. Washington, containing a particular ac- count of the manoeuvres of the enemy on their landing, at and of the behaviour of our troops, &c 642 187. Appointment of committee to inquire relative to the safety and preservation of the records of, 692 188. Loan office books and seal of, directed to be delivered to Treasurer, in consequence of a vacancy in the office, &c. 699 189. Requisition on Treasurer for moneys advanced on the re- moval of the poor inhabitants from, 729 190. Letter from chairman of Westchester committee, relative to the disposition of poor sent from, &c 767 191. Examination of Mrs. Hannah White, wife of Sergeant White, of Col. McDougall's regiment, relative to the con- dition of the British troops and Hessians in, &c 788, 789 192. Requisitions on Treasurer for support of indigent inhabitants of, 805, 903 193. Appointment of Representatives in Assembly for, 918 NICHOLSON, GEORGE. (See Cornell, John.) 1. Letter, on request of, to Delegates in Congress from Mary- land, respecting, 148, 149 2. Answer of Maryland Delegates,. , 155 3. Petition of, setting forth his former employment as a suJgeon and officer in the East India service, and praying for em- ployment or relief, 156 4. Letter from, requesting recommendatory letters, as a cadet, &c 159 5. Order for payment of money to, 160 NICHOLSON JOHN. 1. Letter from, informing of the enlistment of a company of seventy-two men ; and answer of Committee of Safety, di- recting him to return said company to Col. Clinton, 83 NICHOLSON, MAJ. GEORGE. 1. Application of, for aid in the removal of the baggage of the cadet company under his command, and of the French re- fugees, 885 NICOLL, COL. ISAAC. 1. Field officers of regiment of minute men of, in Orange coun- ty, 238 2. Letter from, transmitting returns of officers in Captain Het- field's company of minute men, 238 (See Highlands.) 3. Permission to, to retire from service at the Highlands ; and vote of thanks to, 435 4. Appointment of, as colonel of regiment of militia in Orange county, 528 5. Certificate of balance due on muster rolls of, for bounty of his regiment, and requisition on Treasurer in favour of, . . 723 NIXON, ELIAS. (See New- York City, 59.) NORBERG, CAPT. JOHN. 1. Memorial of, &c. and permission to repair to Great Britain for the recovery of his health, 220 NORTH CAROLINA. 1. Intercepted letter from Gen. Gage to Governor of, 57 2. Intercepted letter from Gov. Martin to Henry White, 68 (See Martin Joseph.) NORTHERN ARMY. (See Gates Horatio.) (See Ticonderoga and Crown Point.) (See Continental Congress, 225.) NORWOOD, RICHARD. 1. Appointment of, as commissary of military stores, in and for the city and county of New- York ; and directions to, 290 2. Directed to receive from Col. Waterbury, the arms taken from sundry disaffected persons in Westchester county, to be appraised and described, 321 3. To deliver arms to Col. McDougall, 336 4. To take charge of powder purchased of Nicholas Low, 348 o. OAKES THOMAS, Jr. 1. Employed as a tinman at Ticonderoga, under command of Gen. Schuyler 1 1164 INDEX. PAGE. OAKLEY, PHEBE. 1. Petition and affidavits of, &c. complaining of robbery and plunder of effects of, by Captain Ford and his company, of Col. Brewer's regiment ; resolutions of Committee of Safe- ty thereon; and letter to Maj. Gen. Heath, directing the apprehension and detention of said Ford, ... 731, 732, 733, 754 OATH OF ALLEGIANCE. 1. Proceedings of Convention, in framing constitution respect- ing, 851,852,853 .(SeeTryon County,28.) OATH OF SECRECY. 1. Form of, to be administered to members and officers of Pro- vincial Congress, and to all persons employed by, ... . 116, 117 2. Resolutions of Convention absolving from, and directing all matters of secrecy to be charged upon the honour of mem- bers respectively, 560 O'CONNER, JOHN. 1. Directed to appear before Committee of Safety, 153 2. Examination of, respecting certain proceedings of Guy and Sir John Johnson ; and discharged, 154 OFFICERS. (See General Officers.) (See Battalions.) (See Arrangement, Major-General, Captains, &c.) (See Brigadier-General.) 1. Draft of warrant from Provincial Congress to officers of troops to be raised, and instructions accompanying for the enlistment of men, 57 2. Report of committee to wait upon, 59 3. Arrangement of battalions and officers thereof, 62 4. Committee to determine rank of captains and inferior officers of the several regiments, 6 3 5. Provision for election and appointment of, in the several com- panies of militia ; and mode of such election, 104, 114 to 116, 147 6. Resolution of Provincial Congress respecting pay of, 105 7. Draft of commissioners to, 141 8. Choice of, in Great Neck and Cow Neck, Queens county,. . . 173 9. Return of, in Captain Stephen Brinckerhoff's company, 229 (See Orange County, 20, 24, 27, 28, 31, 32, 33, 35, 37, 39, 41, 64, 65, 66, 72.) (See Dutchess County, 13,23, 24, 25, 26, 27, 28, 29, 30.) (See Ulster County, 14, 16, 17, 21, 28, 30, 33, 34, 37, 38, 40,43, 54,81.) (See Westchester County, 9, 12, 15, 24, 28, 34, 36, 37, 40.) Determination of rank of, in the several counties, 229, 230 (See Suffolk County, 33.) (See Cumberland County, 12, 13, 14, 15, 19.) Letter to Delegation in Continental Congress, respecting pay- ment of billeting money to, &c 245, 246 Letter to Delegation in Continental Congress, respecting choice of, in certain cases, 246 (See Suffolk County, 38, 39, 40, 42, 43, 44, 57, 58.) (See Charlotte County, 6, 7.) (See Albany County, 45.) (See City and County of New-York, 121.) (See New-York Battalions, 6.) (See Kings County, 12.) OFFICERS. 13. Memorial of Captain Daniel Griffin, Jno. Johnson, and thir- teen others of the northern army, in the service of the United Colonies, by appointment of this Colony, respect- ing pay and rations ; disposition of, 317 14. Resolution of Continental Congress, recommending prefe- rence in choice of, of new levies engaged in the last Cana- dian campaign, 318 (See Grennel, Captain John, 7.) (See Bellinger Peter, 1.) 15. Resolutions of Provincial Congress relative to the rank and number of, for the reinforcement of the army at New- York, 487 16. Resolutions of Provincial Congress, declaring military offi- cers ineligible to a seat in, 495 17. List of, in Col. Malcom's regiment, 506 18. Letter from Convention to Continental Congress, relative to nomination of, for additional regiment, for the reinforce- ment of the army at New-York, 520 19. Memorial of, complaining of improper appointments by Con- gress, &c 522 20. Letter from Convention to Continental Congress, transmitting sundry resolutions of, 522 21. Resolutions of Convention for punishment of neglect of duty or disobedience of orders of ; and for the resignations of,. 567 22. Report of committee and resolutions, &c. relative to the ar- rangement of, for the four Continental battalions ordered to be raised in this State ; list of, 712, 713 (See Civil Officers.) 23. Resolutions of Congress respecting rank of, in the army of the United States, 983,984 OFFICIAL CANVASS. 1. Of votes given at an election for Governor, Lieut. Governor, Ssnators and Representatives, 990 OGDEN, MOSES. 1. Letter from Committee of Safety to, respecting contract with, for furnishing coal to cast shot, 373 10. 11. 12. PAGE. OGDEN, MOSES— Continued. Contract with ; and requisition on Treasurer in favour of, for advance, 377 O'HARA, CAPT. HENRY. Certificate of mustering of company of, &c. in Col. Wyn- koop's regiment, 437 ONEIDA INDIANS. Letter and documents from Albany committee respecting dis- position and proceedings of, 23, 24 Letter from Rev. Samuel Kirkland to Albany committee, re- specting, &c 49 Appointment of committee on, 49 Passport from Provincial Congress to Joseph Johnson, an In- dian of the Mohegan tribe, and a licensed preacher amongst the New-England and Oneida Indians, and to three others, his companions, to New-London ; and message from Pro- vincial Congress to, 50 Speeches of four Oneida chiefs to committee of Albany, trans- mitted to Provincial Congress by Robert Yates,. 95 Speech of inhabitants of Albany county to, at German Flatts, and answer of, and of Tuscaroras, transmitted as afore- said, 95 Speech of inhabitants of Tryon county to Oneidas and Tus- caroras, at German Flatts, and answer of Oneidas, trans- mitted as aforesaid, 95 Arrival at Kingston of Kayend-alongwea, one of the head warriors of, with the Rev. Mr. Kirkland — part of a compa- ny returning from a visit to the eastern States, General Washington and the American army ; speech of President of Convention to, and answer of Kayend-alongwea, 858 Proposition to, by commissioners, for the erection of salt works in this State, for the manufacture and delivery of salt 982, 983 Deposition of Frederick Hellmer, relative to an interview and talk with Thomas, a sachem of, respecting the proceedings of Sir John Johnson, at Oswego, 1007 Letter from Thomas Spencer to General Schuyler, relative to the movements and dispositions of, 1026 Examination of Johannes Oosterhout, Jr. and Nicholas, the sachem, respecting the affairs and proceedings of, &c 1054 Resolution of Council of Safety, declaring them allies of this State, 1054 ONEOGHQUAGO, ONENHOGHWAGO, OR OCOGH- QUAGA INDIANS. Report of committee of conference with John Harper, messen- ger from the chiefs of, 801, 802 Resolutions directing the sending of a messenger to, with as- surances of friendship and protection, 802 Letter from Committee of Safety to chiefs of, 803 Resolution for presentation of one hundred weight of gun- powder to, 803 Letter from John Harper relative to conference with, and in- formation derived from ; report of committee thereon,. 879, 880 (See Brant, Joseph, 2.) Examination of Johannes Oosterhout, Jr. and Nicholas, the sachem, respecting the proceedings and disposition of; and resolutions of Council of Safety thereon, 1054 ONENHOGHKWAGE INDIANS. Letter from chiefs of, to Henry Wisner, Jr. of Ulster county, requesting a supply of gunpowder, lead and flints; giving assurances of their peaceable disposition and neutrality ; and inviting the inhabitants to trade with them in gunpow- der and goods ; order of Convention thereon, 539 (See Ocoghquaga Indians.) ORANGE COUNTY. Names and credentials of Deputies from, to first Provincial Convention, ] ; 2 Resolutions adopted at a town meeting held in the precinct of Haverstraw, in said county, 2 Proceedings of town meeting in the precinct of Goshen,,. ... 2 do do do of Orange, 2 do do do of Cornwall, .. . 2 Names and credentials of Deputies from, to first Provincial Congress, 7, 8, 25, 98 Receipt of letter from Benjamin Carpenter, chairman of com- mittee of New-Marlborough, Samuel Brewster, chairman of committee of New-Windsor, and Isaac Belknap, chair- man of committee of Newburgh, pro tem 49 Appointment of member of Committee of Safety for, 70 Letter from chairmen of committees of Newburgh and New- Windsor precincts, relative to conduct of John Morrell, Adam Patrick and Isaiah Purdy, sent to Provincial Con- gress as prisoners and disaffected persons, 81 Liberation of, and letter from Provincial Congress to commit- tees, &c 93 John Griffiths authorized to examine the lead mines in Go- shen, 142 Officers of company of minute men in the precinct of Corn- wall, in, 152 Return of militia officers on south side of mountain, in 170 Information communicated to Provincial Congress, of a con- spiracy to join the King's troops, extending from Haver- straw to Hackensack, and letter to Haverstraw commit- tee, 185 INDEX. 1165 186 195 198 199 202 PAGE. ORANGE COUNTY— Continued. 15. Letter to committees of Haverstraw and Orange precincts, relative to nomination of field officers for the militia in,. . 16. Information from Capt. Hutchinson, of Haverstraw precinct, of the arrest of three deserters from Capt. Robert John- son ; directed to be sent to the fortifications at the High- lands 17. Letter from Provincial Congress to committee of, transmit- ting resolutions of Continental Congress, for the raising of men from militia of, for the occupation and defence of the fortifications of the Highlands, 198 18. Letter to Delegates from, requesting their attendance, 19. Letter to committee of, requesting such attendance, 20. Letter from Charles Clinton, chairman of Hanover precinct, in, transmitting names of officers elected in company of mi- nute men, in, 21. Names and credentials of Deputies from, attending second Provincial Congress, 206, 213, 214, 225, 293 22. Appointment of George Clinton as brigadier-general of mili- tia of, 226 23. Resolution forming militia of Orange Town and precinct, and that of Haverstraw, into two separate regiments, 231 24. Field officers of Col. Isaac Nicoll's regiment of minute men in, 238 25. Letter from Colonel Nicoll, transmitting returns of officers of Capt. Hetfield's company of minute men, 238 26. Directions to committee of, to secure the arms and accoutre- ments of discharged soldiers, 252 27. Letter from chairman of committee of, to Provincial Congress transmitting list of officers of Goshen and Cornwall regi- ments, 294 28. Letter from chairman of committee on the south side of the mountains in, transmitting list of officers for two compa- nies, 297 29. Letter from Captain Samuel Jones and others, of Goshen, re- commending Israel Wells as a major of the Colonial troops, 301 30. Letter from chairman of committee of, returning the names of proper persons for officers in that county, 306, 307 31. Return of officers of militia company at Cakiate, in Haver- straw precinct, 310 32. Letters from chairman of committee of, &c. respecting choice j of officers on south side of mountain, 322 33. Return of officers of company of minute men in the southern part of, 323 34. Return of officers of regiment and company of militia in Orange Town, (See Denton, Capt. Samuel.) 35. Return of officers in the Florida and Warwick regiments,. . . . 36. Letter from Provincial Congress to Edward W. Kiers, mer- chant in Haverstraw, requesting sale of powder to Colonel Hay, 37. Return of officers of militia company, in Cornwall precinct,. 38. Resolutions of Provincial Congress, directing the colonels of regiments on the south side of the mountains in, to draft 100 men, exclusive of volunteers, for defence of the city of New-York, 361 39. Letter from Provincial Congress to committee of, respecting dissentions relative to choice of officers in Captain Silas Pearson's company of militia, in Col. Jesse Woodhull's regiment, 367 40. Letter from Abraham Lent, colonel of Orange Town regi- ment, respecting the forwarding of minute men to New- York, and answer of Committee of Safety, 371 41. Arrival of minute men under command of Captain Johannes Jacobus Blauvelt, and appointment of officers of, 383 42. Letter from A. Hawkes Hay to Committee of Safety, respect- ing forwarding regiment of, to New- York ; answer of Com- mittee, and order to Lieut. Col. Cuylerto send to New- York a company of minute men, in lieu of the company from Col. Hay's regiment, 384 43. Directions to Col. Gilbert Cooper to countermand the march- ing of the Haverstraw minute company, 400 44. Letter from Col. Josiah Smith, of the regiment of minute men in, recommending Ephraim Marvin as adjutant of said regiment ; appointment accordingly, 400 45. Letter from chairman of committee of Goshen, covering ac- counts of blankets and arms purchased by said committee ; answer thereto, 413, 414 46. Resolution of Provincial Congress, recommending prisoners on parol to be sent to Goshen, in, 436 47. Names and credentials of Deputies from, to third Provincial Congress, 449 48. Returns of election of officers of two companies of militia in Col. Hawthorne's regiment, 468 49. Returns of election of officers of company of lighthorse in Cornwall precinct, 472 50. Resolutions of Provincial Congress, directing the arrest of sundry privates of Capt. Avery Blauvelt's company, in Haverstraw precinct, for disaffection, 512 51. Names and credentials of Delegates from, in fourth Provincial Congress, at White-Plains, 515 52. Resolutions of Convention, calling into service one-fourth part of the militia of, and directions for the arrangement, pay, bounty and subsistence of, 525, 525 53. Names and credentials of Deputies from, to Convention, .... 528 54. Appointment of field officers of regiment of militia in, 528 (See Clinton, George.) 292 327 329 341 344 PAGE. ORANGE COUNTY— Continued. 55. Militia of, ordered to be in readiness to march at a moment's warning, 601 56. Report of committee respecting the expediency of calling out the militia of, .-S. 606 57. Resolutions of Convention, directing committee of, to provide for the defence of the frontiers of, against incursion from the Indians, by detachments of the militia, 663 58. Letter from chairman of Goshen precinct, relative to disposi- tion of certain Scotch prisoners, 666, 667 59. Report of committee, and proceedings thereon, 667 60. Detachments of militia ef, ordered to guard that part of, south of the Highlands, and to march to Peekskill, 669, 672 61. Sheriff of, authorized to release Andrew Bostwick, an impri- soned debtor, from confinement, 688 62. Requisition on Treasurer in favour of Henry Wisner, Esq. for the repair of roads in, 696 63. Resolution of Committee of Safety, directing all the militia of, to repair to Chester, in, under the command of Gen. Geo. Clinton, and to co-operate with the troops of Maj. Genls. Lee and Gates, in harrassing and distressing the enemy, and in defending the passes at the Highlands, 746 (See Clinton, George, 13.) 64. Return of election of officers in Pechunck, Sterling and Flo- rida, in Col. Hathorn's regiment, 832, 833 65. Letter to Col. Hathorn, requesting a statement of the Sterling company of militia, and of the necessity for a new appoint- ment of officers therein, 833 66. Return of election of officers in Capt. Thomas Horton's (late Capt. Little's) company, in Oxford district, Cornwall pre- cinct, 857 67. Letter from committee of, transmitting examinations and de- positions relative to a conspiracy against the public wel- fare, under the direction of Joseph Barton, 862, 863 68. List of prisoners apprehended by Maj. Henry Wisner, by or- der of committee of, and disospition of, by Convention,.. 872 69. Requisition on Treasurer in favour of auditor-general, for payment of militia of, 902 70. Appointment of Jesse Woodhull as sheriff of, 912 (See Resolutions of Convention, 137.) 71. Letter from Convention to committee of, relative to damages sustained by inhabitants of the south part of, by the pas- sage of the Continental troops, 919, 920 72. Election of officers of Capt. Garret Ekerson's company, in Col. Hay's regiment of militia in the precinct of Haver- straw, 935 ORANGE, TOWN OF. (See Orange County 4.) OSBORNE, CORNELIUS. 1. Appointment of, as surgeon in Col. Cornelius Swartwout's regiment of militia in Dutchess county, 548 OSWEGO. 1. Letter from Committee of Safety to Delegates in Continental Congress, informing of the arrival of Col. Guy Johnson at, with a body of Indians, 79 2. Intelligence communicated by Lieut. McMichael, of the ar- rival of three regiments of ministerial troops, and a num- ber of tories and Indians under the command of Colonels Johnson, Butler and Caldwell ; and of their plans. &c. . . 569 3. Intelligence of proceedings of Indians at, 1021, 1025 OUTENBOGERT, RICHARD. 1. Petition of, for relief, 21 OYER AND TERMINER. 1. Draft of commission for holding courts of, in this State,. . 948, 949 P. PADDOCK, ISAAC. 1. Warrant of, in place of Roswell Wilcocks, 83 PALMER, LIEUT. DAVID. 1. Letter from, informing of enlistment of volunteers, 90 2. Ordered to traasport men to New- York, 91 PALMER, THOMAS. (See Lead Mines. 2,3.) (See Highlands, 61.) PAPER CURRENCY. (See Continental Paper Currency.) (See Colonial Paper Currency.) (See Bills of Credit.) PAROL. (See Prisoners, 14, 15, 16, 18, 21.) PASSPORTS. 1. To Brook Watson, for journey to Quebec, 48 2. To Joseph Johnson, to New-London, &c 49, 142 (See Ships and Vessels, 22.) (See Livingston, Robert C.) (See New-York City and County, 59, 60.) 3. To Mrs. Kingston, of Hallett's cove, on Nassau island, to de- part the Colony with her wearing apparel and household furniture, 155 (See Deane, William, 1.) 4. To Morison Vanass and his interpreter, 262 5. To Joseph Hallett, to pass and repass between the city of New- York and Newark, in New-Jersey, . 556 6. Resolution of Convention restricting the granting of, by, to members of the Convention, and persons in their employ, 556 1166 INDEX. PAROL--CoNTiNUED. 7. Resolutions of Committee of Safety, regulating the granting of, 706 PATRICK, ADAM. 1. Letter and affidavits from Committee of Safety, to Newburgh and New-Windsor, respecting conduct of, in opposition to the liberties of the American Colonies, 81, 82 2. Sent by Committee of Safety, as prisoner to Col. McDougall's camp, 82 3. Liberation of ; letter of Provincial Congress to committees of Newburgh and New- Windsor, and admonition to, 93 PATRICK, SAMUEL. 1. Requisition on Treasurer in favour of executors of, for iron stoves manufactured by, for the use of the troops in the northern department, 826, 839 2. Resolutions of Convention relative to granting letters of ad- ministration on the estate of, 830, 831 PAULDING, WILLIAM. 1. Appointment of, as commissary of the militia to the north- ward of King's Bridge, while in service, on the east side of Hudson river, under the command of Brig. Gen. Clinton ; and instructions and letter to, 567 2. Appointment of, as justice of the peace in and for the county of Westchester, 765 PAWLING, ALBERT. 1. Appointment of, asj second lieutenant in Captain Jacobus Bruyn's company, 99 2. Memorial of, as major of one of the sixteen additional regi- ments ordered to be raised by Congress; and resolution of Convention thereon, 881, 882 3. List of officers of the four companies of, 881 PAWLING, LEVI. 1. Appointment of, as colonel Ulster county militia, 135, 228 2. Letter from, announcing place of rendezvous of regiment of, 229 3. Directed to repair to Kingston, for the purpose of proceed- ing to Schoharie for the relief of the inhabitants, 1040 PAY MASTERS. 1. Letter to Gen. Schuyler relative to duty of, in auditing and allowing accounts, 245 PAYMENT OF TROOPS. 1. Letter from Committee of Safety to Delegation in Continen- tal Congress respecting, 245, 246 2. Appointment of Delegates to procure the equalization by Continental Congress, of the pay of the militia, and troops of the eastern and New- York Colonies, 482 3. Letter to Continental Congress, respecting, 483 4. Report of committee respecting, 484 5. Resolutions of Convention providing for, 535, 536 6. Resolutions of Committee of Safety, directing the return by officers of the militia, of accounts and vouchers, for &c. . 824 7. Resolutions of Convention appointing Comfort Sands pay- master of the troops employed in actual service in the counties of Dutchess, Ulster, Westchester and Orange ; and making an appropriation therefor, . ... 864 8. Resolutions of Convention directing the auditor-general to adjust the accounts for, according to the new regulations of Congress, 866 9. Directions to auditor-general relative to the payment of offi- cers of the militia, 870 10. Resolutions of Congress relative to, 899 (See Sands, Comfort, 7.) (See Bancker, Gerard, 5.) PAYNE, CAPT. SAMUEL. 1. Directed to be continued in the pay of this State, in Major Wheelock's corps, and to complete his compliment of men, and requisition on Treasurer in favour of, 1041 2. Petition of, for relief ; and resolutions of Council of Safety in favour of, 1059, 1060 PAY TABLE, COMMITTEE OF. (See Accounts.) PEASE, CAPT. NATHAN. I. Appointment of, as captain in Col. Ritzema's regiment; in- structions to, 417 PEGGY, SHIP. (See Ships and Vessels, 1.) PELL, SAMUEL TREDWELL. 1. Appointment of, as second lieutenant in Westchester county in place of Nehemiah Marshall, declined, 76 PELTON, DANIEL. 1. Appointment of, as second lieutenant in Capt. Riker's com- pany 535 PENNSYLVANIA. (See Philadelphia,) 1. Letter from Henry Wisner, enclosing articles of agreement for the due regulation and government of associations in,. 163 2. Military articles of, anil reason of associations against sign- ing them ; received and filed, 163 3. Resolution of Continental Congress, continuing Carpenter Wharton, as commissary of battalion of, in service at New- York, 383 (See Continental Army, 11.) (See Continental Congress, 226.) FAOS. PERQUISITES. (See Henry, John, 2.) (See Resolutions of Convention, 124.) PETITIONS. 1. Of James Arden, Richard Outenbogert, John West, and others, praying for relief, 21 2. Of Captain Samuel Tudor, of independent company of artil- lery in New- York city, for carriages and ammunition, .... 25 3. Of William Ephinstone, a conductor of ordnance stores, for relief ; and ordered thereon, 51,79 4. Of Samuel Faulkenham and David Woolhaupter, to be em- ployed in making drums and fifes, ' 75 5. Of John Sparding, for payment for services rendered at Ti- conderoga Landing, .■ 78 6. Of Geo. Cook, to be employed in making pouches and belts,. 87 7. Of Jacob Bamper for appointment to some office in the Colo- nial regiments, 87 8. Of John Fisher, saddler, 90 9. Of John Monell, Adam Patrick and Isaiah Purdy to be dis- charged from confinement, 93 10. Of Sampson Dyckman, praying for compensation for injury to horse, used by messenger to Philadelphia, , , 96 11. Of Philip Van Rensselaer, for leave to purchase in Connec- ticut barrelled pork for use of Continental army,. 103 12. Of Peter Clopper and others, merchants of the city of New- York, respecting the exportation of flaxseed, 106 13. Memorial of Capt. Jacobus Wynkoop, respecting rank and situation of in Colonial troops, 107 (See Ships and Vessels, 1, 2, 3, 4, 5.) (See Norberg, Capt. John.) (SeeBryson, Robert.) (See Candell, John.) (See Westchester County, 6, 7, 11.) (See New-York City, 57, 63.) 14. Of David Purdy and John O'Conner, and proceedings there- on, 153 15. Of Christian Bergh, Jr. Adam Bergh, David Dol, John Dol and Timothy Doughty, for discharge, 154 (See Nicholson George, 3.) 16. Of Elizabeth White, praying for discharge of her husband on parol; disposition of, 163, 167 (See Van Vleck, Abraham, H.) (See Bostwick, Andrew.) (See Oakley, Phebe.) (See White, Alexander.) (See Prisoners, 17, 56, 100, 123.) (See Hunter, John.) (See Lightfoot, Richard.) 17. Of George Coffin, expressing contrition for his past conduct, and praying to be restored; granted, 236, 346 18. Of Thomas Place and Gabriel Van Cott, expressing contri- tion for their past conduct, and praying to be restored, . . . 237 19. Of Capt. Jacob Mott, Jackson Mott, and Seaman Weeks, ex- pressing contrition for their past conduct, and praying to be restored ; and proceedings thereon, 252 20. Of Frederick Hartell, setting forth his former rank, and services ; and requesting a commission, 275 21. Of John Wylley, offering his services as a captain in the Continental service 275 22. Of Arondt Van Hook, offering his services as a captain, &c. 280 23. Of Sundry prisoners, inhabitants of Queens county, for per- mission to go at large on parol, 294, 295 24. Of John W. Watkins, offering his services to his country, and requesting a commission, 297 25. Of Abraham Godwin, offering his services as captain, 298 26. Of John De Wint, of Orangetown, for leave to export provi- sions to the island of St. Thomas ; rejected, 298 27. Of Guert Spt. De Wint, for leave to export provisions and lumber for the use of his estate in the island of St. Tho- mas ; also household furniture, horses and carriages, and his family, and a generous supply of all the good things of this country, for the use of himself and family at sea ; granted, so far as relates to the removal of his family, horses, carriages, household furniture, and a necessary supply of provisions at sea, and rejected as to the residue, 298 28. Of nine soldiers of Capt. Johnson's company, relative to de- duction of their under cloths from their pay, 302 29. Of Henry Remsen, John Broome and others, for indemnity for losses sustained in preserving the non-importation agreement ; and reference of, 303 30. Of Elizabeth Atherton, for discharge of her husband from imprisonment; and reference of, to New-York committee, 303 31. Of Dr. Wm. Dusenbury, for appointment as surgeon to a re- giment, 304 32. Of Wm. and Thos. Cock, of Oysterbay, Queens county, for re- storation to favour ; granted, 311 33. Of Capts. Daniel Griffen, Jno. Johnson, and thirteen other Colonial officers, in the service of the United Colonies, in the northern army, during the year 1775, relative to pay and rations ; disposition of, 317 34. Of Joseph Crane, setting forth his services in the last cam- paign, and praying the care of an artillery company, .... 324 35. Of Azor Betts, for forgiveness and protection, on returning to his duty ' 328 36. Of Robert Robinson and Michael Price, to be restored to their former standing, 332 INDEX. 1167 36. 37. 33. 39. 40. 41. 42. 43. 44. 45. 46. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 1. 2. 1. PAGE. PETITIONS— Continued. Of Joseph Smith, offering his services in the marine depart- ment, 346 Of Robert Robinson and Michael Price, merchants of the city of New-York, testifying their contrition for having sold goods at an advanced price, and praying a restoration to favour; proceedings of Provincial Congress thereon, 349 Of Archibald Campbell, of Paulding's precinct, in Dutchess county, complaining of forcible outrages upon his proper- ty by a body of men from Connecticut ; reference of,. 352, 353 Of Jacob Bamper, for a captain's or lieutenant's commission, 359 Of Samuel Loudon, respecting destruction of impressions of pamphlet of, in answer to " Common Sense," 405, 496 Of Lieut. Wm. Scudder, for payment of men enlisted in Capt. Henry O'Hara's company, 409 Of Dirck Lefferts, merchant of the city of New-York, for indemnity for damage to woodlands of, and compensation for provisions, &c. furnished to troops under command of Col. Drake ; reference of, 430 Of Joseph Wood, on behalf of himself and other merchants of Philadelphia, for restitution for seizure of a vessel and cargo belonging to them, by Josiah Martin, late Governor of North Carolina ; reference of, to committee, 436 Of Alexander Robinson, Geo. Lyndsay, Peter Sim, and Mari- nus Willett, requesting encouragement in the manufacture of salt, 499 Of William Eagles, a mechanic, for employment in the pub- lic service ; order thereon, 540 Of Daniel Hauxhurst, on behalf of Townshend and Noble, proprietors of an anchor forage, praying compensation for provisions taken from, and restitution of workmen drafted into service ; proceedings thereon, 559, 560 (See Tryon County, 26.) Of committee and militia officers of King's district, for the ap- pointment of field officers of their own district, 758 Of Ann Dillingham, to go to New- York with her family, to her husband ; granted, 768 Of Mary Handly, wife of Edward Handly, to go into New- York, to bring from there her children and husband, who is deranged ; granted, 773 Of Bridget Morgan, daughter of Benjamin Morgan, to visit her parents in New-York ; granted, 773 Of John Moley and Stephen Lyon, prisoners, 775 Of Malcom Morrison, William Eligh, James Robinson, and others, disaffected persons in confinement, for relief and discharge, 812 (See Pawling, Albert, 2 ) Of Benjamin and John Gilbert, for employment in the milita ry line 883 Of Elizabeth Haight, praying for the restoration of certain personal property belonging to her mother, and seized by commissioners, 8S5 Of Elizabeth Bend, relative to personal property taken by commissioners of sequestration, and claimed by her, 900 Of Gloriana Stevenson, requesting the use of the farm of one Osborn, who is gone over to the enemy, 900 Of Robert Richardson, a discharged soldier of Col. Henry B. Livingston's regiment, for maintenance, and resolution of Convention thereon, 902, 903 Of John Cook, confined as a disaffected person, for relief,. . . . 937 (See Done, Thomas ) Of Jonathan Terwilliger, a wounded soldier, for relief, 950 (See Sacket, Samuel.) PETTIT, THOMAS. Order for payment to, as doorkeeper of Provincial Congress, 103 152, 188, 440, 757, 861 Re-election of, 205, 448 PHELPS, ELISHA. Letter from Governor of Connecticut, communicating appoint- ment of, as commissary, at Albany, for troops on Lake Champlain, 5 Provisions directed to be forwarded to, 60 Letter from Provincial Congress to, 61 Letter from Provincial Congress to John N. Bleecker, and other agents at Albany, to deliver provisions and supplies to, fti Letter from, acknowledging receipt of, &c 74 Letter from John N. Bleecker, respecting delivery of provi- sions, &c. to, 74 Letter from, respecting procurement of provisions and stores for army, 84, 85 PHILADELPHIA. (See Continental Congress.) Letter to committee of, enclosing notes of information receiv- ed from John Carter, of Boston, relative to supply of pro- visions to British army at Boston, by owners of ship Sally and Mr. White's schooner, Ill Letter from Benjamin Franklin, chairman of committee of safety of, to Provincial Congress, respecting supplies of powder, 117, 128 Letter from Provincial Congress to committee of, accompany- ing the transmission of John Young, a prisoner taken from sloop Sally, to his father at, 371 Letter from committee of safety of, informing that they have sent Capt Charles Alexander and Lieut. John Hennesee, for the purpose of recruiting seamen for that Province ; or- der of Committee of Safety thereon, 383, 386 PHILADELPHIA — Continued. Letter from Convention to chairman of committee at, accom- panying the transmission of William Sutton, as a priso- FAGl. ner, 547 (See Prisoners, 143, 144.) 6. Letters from Delegation in Congress, respecting the release of prisoners belonging to this State, confined in ; list of such prisoners, 998, 999, 1000 PHILLIPS, MOSES. 1. Appointment of, as major, Ulster county militia, 135 PHYSICIANS. (See Surgeons.) 1. Exemption of, from drafts for militia in the city of New. York, 496 PILOTS AND PILOT BOATS. (See Ships and Vessels, 35, 37, 38, 40, 44, 45, 46, 47, 48, 63, 68, 69, 70.) 1. Examination of Christopher Duyckinck, relative to proceed- ings of, and order for arrest of pilots coming on shore, . . . 348 2. Affidavits relative to loss of pilot boat Hamden, and order for restitution, 353 3. Order for sale of boat, goods and merchandise, 413 PIN MANUFACTORY. (See Lightfoot, Richard.) PLAN OF ACCOMMODATION WITH GREAT BRITAIN. 1 . Proceedings, resolutions and discussions of Provincial Con- gress, respecting, 20, 26, 50, 52 to 54, 58 2. Letter to Delegates in Continental Congress, communicating report, as amended and adopted, and answer, 69, 73 PLATT, CAPT. NATHANIEL. 1. Requisition on Treasurer in favour of, for pay, subsistence and bounty of company of, raised on Long island, 828 PLATT, CAPTAIN ZEPHANIAH. (See Van Cortlandt, Pierre, 1, 2, 3.) 1. Requisition on Treasurer in favour of, as commissary to the troops under the command of Gen. Clinton, 599 2. Commission to, as second in command of corps of associated exempts in Dutchess county, 987 PLENDERLEATH, CAPT. GEORGE. 1. Letter from, explaining his visit to New- York, 159 PLUMB ISLAND. (See Gardiner Island.) (See Suffolk County, 16, 88, 21.) POMEROY, SETH. 1. Appointment of, by Continental Congress, as brigadier-gene- ral, 63 POOR. (See New-York City and County, 93, 105, 110, 112, 179, 189.) 1. Resolution of Committee of Safety for the maintenance and support of, 710 2. Resolution of Committee of Safety for the removal of, be- longing to this State, from Connecticut and other States.. 710 (See Westchester County, 77.) (See Resolutions of Convention, 138, 148.) PORK. (See Provisions and Supplies.) (See Van Rensselaer, Philip, 1.) POST OFFICE. 1. Memorial of Ebenezer Hazard, praying for establishment of, and appointment as postmaster, and letter from William Goddard, relative thereto ; committee appointed thereon, 44 2. Proceedings of Provincial Congress on the coming in of re- port: resolution recommending appointment of Ebenezer Hazard as postmaster at the city of New-York, and letter to Delegates in Continental Congress, informing them of such appointment 90 3. Resolution prohibiting the receipt of postage by any person other than the Postmaster -General, and deputy postmasters appointed by Continental Congress, except on letters re- ceived by packets from Great Britain, 130 4. Order for removal of, from the city of New-York, to some convenient place near Dobbs' Ferry, in Westchester coun- ty, 602 172 604 POST ROADS. (See Resolutions of Convention, 49.) POSTS. Resolutions of Continental Congress, recommending the esta- blishment of, for the more speedy communication of intel- ligence, Postmaster at New-York directed to establish, weekly, be- tween that city and Albany, on the east side of Hudson's river, POUGHKEEPSIE. (See Dutchess County, 11. 12.) (See Ships and Vessels, 93.) POWDER. Letter from Arteraas Ward, general of the Massachusetts ar- my, Joseph Warren, chairman of committee of safety, and Moses Gill, chairman of committee of supplies, to Provin- cial Congress, requesting supply of, 34 Answer of Provincial Congress, 35 President of Provincial Congress goes to Elizabethtown, to 1168 INDEX. 37 36 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. PAGE. POWDER— Continued. confer with committee there on the subject; report of, and order thereon, 35, (See New- York, 14.) (See Saltpetre.) Report of quantity of, remaining unsold in the city of New- York, Directions of Provincial Congress respecting, and also respect- ing the re-manufactory of damaged powder, at Ticondero- ga and Crown-Point ; letter from, to Commander-in-Chief, and to commissioners for superintending removal of cannon and stores at Albany, 36 Resolution of Provincial Congress, offering a bounty for ma- nufacture of, 36 (See Saltpetre, 8.) Letter from Provincial Congress to Governor of Connecticut, respecting powder sent to Colony of Massachusetts Bay, Appointment of committee to agree for importation of, at a certain per centage, Agreement with John Vanderbilt, 41 (See New-York City, 21, 64.) Directions of Provincial Congress for purchase of, to be for- warded to Connecticut, for the use of the Provincial army near Boston, and to Ticonderoga ; and letter to Governor Trumbull, 47 Resolution of Continental Congress, respecting manufacture 48 38 41 of, Letter from Provincial to Continental Congress, respecting manufacture of, &c. 61, 62, 98 Arrival of quantity of, from Philadelphia, for use of troops at Ticonderoga, 82 Letter from Continental Congress to Committee of Safety, requesting transmission of, for use of troops before Bos- ton, and answer of Committee, 86 Letter from Daniel Lawrence, informing Provincial Congress of receipt of, 89 (See Wooster, David, 19.) Directed to be sent from Hon. Robert R. Livingston's powder mill, at Rhinebeck, to Albany ; thence to be forwarded to Gen. Schuyler, at Ticonderoga, 107, 110 Letter from Benjamin Franklin, chairman of committee of safety at Philadelphia, to Provincial Congress, respecting supply of, 117 Letter from Provincial Congress to Secretary of Continental Congress, respecting forwarding of, for use of Colonial troops, 122 148 199 19. Appointment of committee to contract for, 127 20. Contract with Joseph Hallett, Jr. for importation of, 129 21. Committee appointed to collect damaged powder, and forward to powder mill at Rhynbeck, 135 22. Distribution of, among the several counties, 135 23! Appointment of committee to employ and despatch a vessel for the purchase of, &c. and appropriation for, 145 (See Powder Mills.) (See Continental Congress, 60, 76, 77,85.) 24- Appointment of committee to treat with Mr. Fine, for benefit of his contract for, 25. Order of Committee of Safety respecting the importation of, and the exportation of produce in exchange for, 241 26. Arrival of ton of, from Philadelphia, 308, 310 27. Purchase of quantity of, from Nicholas Low, 340 28. Letter to Edward Kiers, merchant, of Haverstraw, Orange county, requesting sale of, to Col. Hay, 341 29. Requisition on Treasurer in favour of Nicholas Low, for the purchase of, • • • • • • j02 30. Delegation from Provincial Congress to Rhode Island, for, belonging to Colony, and directions for its distribution among the several counties, 511 POWDER MILLS. (See Livingston, Robert R.) (See Livingston, John R.) (See Wisner, Henry.) 1. Circular from Provincial Congress to owners of, relative to quantity of gunpowder in, and ability to manufacture,. . . . 337 2. Resolution of Provincial Congress, offering loan of money, without interest, for the erection of, &c 349, 365 (See Wisner, Henry, Jr.) (See Van Rensselaer, Henry and Sons.) (See Carpenter, John.) 3. Resolutions of Convention, authorizing the raising of a com- pany in each of the precincts of Rhinebeck, Walkill and Cornwall, for the protection of, 909 PRAYER. (See Common Prayer.) 1. Resolution of Convention for opening its sessions daily, with, and appointment of chaplain, 519, 810, 818 (See Fasting and Prayer.) PRICES. 1. Examination of Thomas Pearsall and Peter T. Curtenius, re- specting the raising of the prices of goods, 193 2. Referred to New-York committee, for inquiry, &c 195 (See New- York City and County, 133.) 3. Resolutions of Convention, appointing commissioners to meet commissioners of eastern and middle States, at New-Ha- ven, to regulate, &c 1113, 1114, 1117, 1118 PAGE. PRINCETON. 1. Letter from Gen. Geo. Clinton, transmitting account of the battle of, 765 2. Letter from Gen. Washington, 769,770 PRINTERS. (See Loudon, Samuel.) (See Holt, John.) (See Gaine, Hugh.) PRINTER TO THE STATE. (See Loudon, Samuel.) (See Holt, John.) PRISONERS. (Sec Prisoners of War.) 1. Letter from Albany committee to Provincial Congress, re- specting prisoners taken from St. Johns, and requesting instructions relative to, 29 2. Answer of Provincial Congress, 32 3. Provision for Richard Sharpless, one of the soldiers taken at Ticonderoga, 48 (See McCIeod William.) 4. Proceedings of Committee of Safety against Peter Herring, for assisting to convey on board the Asia, prisoners sent by Continental Congress, 71,75 (See Monell, John.) (See Patrick Adam.) (See Purdy, Isaiah.) 5. Letter from committee at Elizabethtown, accompany trans- mission of deserters from Col. Waterbury's regiment ; and order of Provincial Congress thereon, 89 6. Petition of John Monell, Adam Patrick, and Isaiah Purdy, to be liberated from confinement ; letter from Provincial Congress to committees of Newburgh and New-Windsor precincts, informing of liberation of; and admonition to, . 93 7. Detention of Captain Patrick Sinclair, His Majesty's Lieut. Gov. and superintendent of Michilimacinac, on parol at Nassau island, Suffolk county ; and proceedings of Provin- cial Congress thereon, 100 8. Letter from Albany committee respecting the furnishing of provisions for soldiers taken prisoners at St. Johns ; and answer of Provincial Congress, 112, 113 (See Lawrence Melancton.) (See AUicock, Joseph.) (See De Kay, Capt. Charles.) 9. Letter from Provincial Congress to several towns on the route to Cambridge, for assistance in the transportation of cer- tain prisoners taken at Philadelphia, to camp at Cam- bridge, 120 10. Johan Christian Drewidz, commander of a vessel lately re- turned from sea, arrested and committed to the custody of Col. McDougall, on suspicion that his vessel had been to Boston, 122 (See Candell John.) 11. Order for advance to John Mason, a soldier taken prisoner at Ticonderoga, and permitted by committee of Hartford to proceed to Philadelphia, 132 12. Guard ordered to be in readiness at the barracks to prevent escape of, 13 13. Discharge of James Hicks and Thomas Cams, 1408 (See Lawrence, Abraham.) (See Bethune, George.) 14. Discharge of Major Ethrington, on parol, 144 15. Discharge of Captain William Kelly, of second battalion of His Majesty's Royal American regiment ; parol of, and certificate, 144 16. Petition of Christian Bergh, Jr. Adam Bergh, David Dol, John Dol, and Timothy Doughty, for discharge ; affidavits against 155, 158 16. Examination of Robert Rodgers, a prisoner on parol from Philadelphia ; parol and certificate of, 157, 167 17. Petition of Jean Viellat, in behalf of himself and others, Canadian prisoners, praying for discharge from imprison- ment ; letters from Provincial Congress in answer thereto; and letters to committee at Albany, and to Continental Congress thereon, 175 18. Examination of Niel McFall and William Elphinston, Jr. pri- soners taken in CanaiN ; and discharge of, on parol, 182 19. Discharge of Timothy Doughty, 182 20. Application of Captain John Norhury, for discharge and per- mission granted for exchange with an officer of General AVooster's regiment, onboard the ship Asia, 187 21. Application of Lieuts. Brough and Richardson, for informa- tion as to route of garrison at St. Johns, and for enlarge- ment of parol ; answer of Provincial Congress 208 22. Apprehension of S. Speight, a druggist ; appointment of committee to examine letters and papers of ; report of committee, 210, 211 23. Resolution directing the confinement of, in the jail of Ulster county, 231 24. John Blackler ordered imprisoned 231 25. Ordered for asrest of Lawrence Hartwick, on charge of be- traying a trust reposed in him by Lieut. Edward Tyler, a prisoner on board the ship Asia, 241 26. Examination and discharge of Thomas Merritt, 242 27. Examination and discharge of William Weyman, 248 28. Examination and discharge of Thomas Service, 248 INDEX. 1169 PRISONERS— Continued. 29. Examination of Azor Betts, and order for confinement of, in Ulster county jail, 248, 249 30. Examination and re-committment of Robert Simmons, 248 31. Examination of Lawrence Hartwick, -48 32. Resolution of Continental Congress, recommending exchange 33 of Lieut. Tylee,. 250 40. 41 42 43 44. 262 262 263 263 „. Examination of Alexander Leslie • 255, 256 34. Examination of James Webb and other prisoners transmitted by Committee of Safety of New-Jersey, 257, 257, 258 35. Negotiations with Captain Vandeput, respecting the exchange of Lieut. Tylee ; 2o8 36 Arrest and examination of Joseph Woolcombe and Captain William Dobbs ; and letters found in, 259, 260, 261, 262 37. Arrest and examination of John Fowler, on a charge of aid- ing in the spiking of cannon in Westchester county, 38. Order for arrest of William Lownsberry on a like charge,.. . 39. Requisition on Treasurer in favour of Captain Benjamin Ledyard, for expenses incurred in charge of prisoners, . . . Order for imprisonment of Godfrey Hains, in Ulster county jail, arrested and transmitted by New-Jersey Committee of Safely ; and letter to Ulster county committee, Arrest, examination and imprisonment of William Lowns- berry, 264, 270, 271, 272, 273 Discharge of Lawrence Hartwick, on entering into security for good behaviour, 267 Examination and discharge of Joseph Purdy, William Sutton and Wm. Armstrong, on charge of aiding in spiking the cannon beyond King's Bridge, 270 Examination and order for imprisonment of Joshua Gedney on a similar charge, 271, 272 45. Examination and discharge of Geo. Shannon, -73 46. Arrest and examination, and order for imprisonment of J o- seph Purdy, • • 276, 277 47. Arrest and examination, and order for imprisonment of Jo- siah Burrell, Thomas Hains and Isaac Gidney, 280 Arrest and examination, and order for imprisonment of Tho- mas Vernon, • f8 1 Arrest, examination and discharge of Guerney Ten Eyck,.. . /SI (See Queens County, 21, 22.) Resolution of Continental Congress for the imprisonment of sundry disaffected inhabitants of Queens county ; and or- der of Committee of Safety thereon, 289 Discharge of Jacob Mott, 289 4S. 49. 50. 290 298 51. 52. Discharge of John Graham, on giving security for good beha- viour, 53. Petition of Queens county prisoners, to go at large on parol ; denied, 294,295 54. Proceedings of Provincial Congress in the case of Jean Bap- tiste D'Gas, employed by Gen. Wooster as a conductor of, and interpreter for prisoners from Canada to Albany, submitted by letter from Gen. Lee, 55. Letter from Provincial Congress to inhabitants of Queens county, requesting the collection of evidence relative to the conduct of the prisoners apprehended in, on charge of hostility to the public liberties, 300 56. Petition of John Willett and fourteen other persons, praying to be relieved from confinement, 302 57. Petition of Elizabeth Atherton for discharge of her husband ; and reference to New-York committee, 303 58. Discharge of Joseph French, on security for his appearance, Ac 59. Discharge of John Willett and fourteen others ; bond of, 60. Examination of Christopher Duychinck, on charge of taking and detaining a watch belonging to a member of Commit- tee of Safety, (See Elizabethtown, 5.) (See Richmond County, 13.) 61. Proceeding of Provincial Congress in the case of Christopher Duychinck, 62. Arrest of Rynier Van Hoosen, 330 63. Examination and re-commitment of Wm. Lownsbury, Isaac Gidney, Joseph Purdy and Cornelius McCartney, on charge of assisting in spiking the cannon at King's Bridge, 341, 342 64. Examination of Captain John Johnson, arrested on charge of having caned Alexander Leslie; and proceedings of Provincial Congress thereon, 344, 345, 342 65. Order for apprehension and imprisonment of Thomas Ver- non, on charge of hostility to the liberties of America, . . 344 66. Examination of Alexander Leslie, 344, 345 67. Examination of sundry prisoners taken from ship Sally, &c.. 370 68. Discharge of John Young, and order for safe conveyance of, to his parents at Philadelphia, 371 69. Examination of David Ketch and Wm. Douglass, on charge of firing at the port guard, in the city of New- York, 372 70. Transfer of Isaac Gidney to the jail in Westchester county ; and discharge of Joseph Purdy, 388 71. Letter from Brig. Gen. Heath, requesting pass from Captain Vandeput, for sloop with prisoners from St. Johns, to pro- ceed to Brunswick, and return 395 71. Discharge of Azor Betts and John Blackler, on subscribing the general association, acknowledging their penitence, and entering into an engagement not to bear arms against the Colonie 399 72. Examination of Peter Dubois, on charges exhibited against 293 305 305 311 326 PRISONERS — Continued. him by Rev. Bernard Page, Ethan Sickles and others; dis- charge and reprimand of, 403,404 73. Return of prisoners in the jail, &c. of the city of New- York, 408 74. Letter from Committee of Safety to Gen. Washington, re- questing tho exchange of prisoners on board the Asia,.. . 409 75. Examination of Edward Tylee, one of the prisoners on board the Asia, 410 76. Apprehension of Derby Doyle, on charge of correspondence with and aid to ministerial army and navy, 413 77. Order for arrest of William Winterton, an agent in the em- ploy of the ministry, 415 (See Dutchess County, 35.) 78. Arrest of sundry prisoners, from Westchester county, by committee of New-Jersey ; and transmission of, to New- York, 418,423 79. Examination of Harry Smith, 423 80. Discharge of Isaac Gidney and Joshua Gidney, on giving security for appearance and conduct, 429 81. Arrest and examination of Joseph Blanchard and Peter Puillon, on charge of traitorous correspondence with the enemy ; proceedings thereon, 431, 432, 433 82. Affidavit relative to conduct of Thomas Wooley, a private in Capt. John Sand's company ; and order for arrest of,. . . . 432 83. Resolution of Provincial Congress recommending prisoners on parol to be sent to Goshen, Orange county, 436 84. Examination and commitment of Thomas Wooley, 438,439 85. Arrest, examination and commitment of Henry Dawkins, Isaac Young, Israel Young, Isaac Ketchum and John An- derson, on charge of counterfeiting the Provincial curren- cy, 437, 443 to 448, 464 86. Appointment of committee to examine and try all persons confined by order of Provincial Congress and Committee of Safety, 462 87. Arrest, examination and commitment on parol of John Moore, Jr. on charge of hoisting a flag on his grounds ill Newtown, in imitation of the British flag, 464 88. Order for imprisonment of Thomas Harriot, on conviction I of refusal to receive in payment Continental bills, &c... . 465 89. Order for imprisonment of Philip Youngs, charged with counterfeiting Continental money ; discharge of, .... 471, 497 90. Letter from Gen. Putnam, communicating complaint against Sergeant McFall, of the 26th regiment, taken at St. Johns; report of committee respecting, 471, 478 91. Letter from Gen. Putnam, respecting prisoners at the forti- fications at the Highlands; and resolutions of Provincial Congress thereon, 471, 472 92. Examination of John Livingston, Jr. for refusal to produce his furlough when required by committee of Queens county ; order of Provincial Congress thereon 480, 481 93. Arrest and imprisonment of Jonathan Baker and Stephen Fountain, charged with taking up arms against the public liberties, and holding traitorous correspondence with the enemies of the country, 484 94. Arrest and imprisonment of Micha Lynch and Thomas Hickey, soldiers of the Continental army, on charge of attempting to pass counterfeit bills of credit; examina- tion and order respecting, 495, 496, 497 96. Augustus Van Horn, Vincent P. Ashfield, and Thomas W. Moore, discharged, on signing the general association ; and John L. C. Roome, on refusal to sign; recom- mended, 508 97. Arrest, examination and commitment of John Alner, on suspicion of visitins the enemy's ships at SandyHook, . . 508 98. Resolution of Provincial Congress, directing the sheriff of the State to retain in their custody, until discharged by due course of law, or until the further order of Provin- cial Congress, 518 99. Appointment of committee for disposition of, &c 518 100. Petition of Samuel Smith and Cadwallader Colden, Jr. con- fined in Ulster county jail ; reference to Ulster county committee, 525 101. Order for apprehension and imprisonment of James Horton, Jr. William Sutton, and John Sutton, on charge of being engaged in schemes and practices against the public liber- ties 528 102- Arrest and imprisonment of George Davy, and William Tucker, as suspicious persons 529 103. Report of committee relative to imprisonment of, &c. . 530 104. Letter to committee of Litchfield, Connecticut, accompany- the transmission of, to the jail in that place, 531 105. Answer of Litchfield committee, 541 106. Letter to Gov. Trumbull, relative to suitable provision for the security of such prisoners, 543 107. Letter to Gov. Trumbull, relative to Litchfield committee, . 543 108. Examination, recommitment and discharge of John Thomas, a deserter from the British ship of war, the lively, 544, 545, 547 109. Examination, recommitment and discharge of William Sut- ton, 545, 547 110. Letter from Convention to chairman of Philadelphia com- mittee, transmitt ; ng William Sutton, to the jail at, 547 (See Stewart, Alexander.) 111. Admonition and discharge of John Sutton, 54«l 112. Letter from Abraham C. Cuyler, John Duncan, Stephen De Lancey, Benjamin Hilton, and John Monier, praying to be 1170 INDEX. PRISONERS— Continued. PAGE. released from confinement ; proceedings of Convention thereon, 555 Arrest, examination and committal of Thomas Willett, late sheriff of Queens county, on charge of certifying and pu- blishing declarations of Richard, Viscount Howe and Gen. Howe, by order of Gov. Try on, 558, 559 Arrest, examination and discharge of Edward Willett, Ed- ward Willett, Jr. and Thomas Hicks, implicated in the same proceeding, 561, 562 (See Ulster County, 57, 67.) Petitition of, confined in the jail at White-Plains, for dis- charge, and statement of offences of, 581, 582 Report of Abm. W. Depeyster, relative to the disposition of, in Connecticut, 583, 584 Letter from D. Matthews, complaining of his treatment, and answer of Convention and letter to Governor Trumbull,. 596 597 Order for the arrest and imprisonment of John Woolley, for correspondence with British vessels, 602 Examination of John Woolley, 609 120. Apprehension and examination of William Warne ; order for commitment of, 617, 618, 619, 620, 621 Order for imprisonment of Isaac Ketcham and Samuel Skid- more, on charge of treasonable practices against the State, 654 Letter from committee of Goshen precinct, relative to certain Scotch prisoners ; report of committee, and proceedings thereon, 667 Petition of John Bloomer, confined at Springfield, in Massa- chusetts Bay, for removal and discharge on his parol of honor ; report of committee, and resolution of Committee of Safety thereon, 758 Order for apprehension of Capt. Phineas Ford, on charge of plunder and felony, and escape of, 764, 765 Capt. Isaac Belknap's report, relative to the escape of Capt. Ford, 764, 765 Reward offered for apprehension of, 765 Petitions of John Moley and Stephen Lyon for relief, and re- ference of, 775 128. Letter from, requesting permission to remain with his fami- ly until his exchange can be effected, 777 Apprehension and discharge of John Bloomer, 777, 785 Petition and documents of Peter Van Schaick, assigning his reasons for refusal to take the oath of allegiance, and re- questing permission to remove from this State, with his family and effects, 794, 795 List of, apprehended by order of the committee of Orange county, and disposition of, by Convention,. 872 (See Albany City and County, 74, 79, 81, 83.) (See Tryon County, 28.) Report of committee for the examination and disposition of the persons apprehended by Maj. Wisner, transmitting the examination by them, 885, 886 Examination of Samuel Herrin, 886 Letter to Governor Trumbull, of Connecticut, respecting per- mission to, confined in that State, to go at large, on pa- rol, Resolution of Convention, for delivery of, in Ulster, Dutch- ess and Orange, with the proofs against them, to General George Clinton, for trial by court martial, Order for imprisonment of Thomas Hedding, 137. Order for imprisonment of Abraham Smith, on charge of being engaged in a conspiracy, 138. Order for imprisonment of Isaac Low, (See Courts Martial.) 139. Order for confinement of William Smith and John Patterson, within the manor of Livingston, on parol 140. Order for confinement of Henry Cuyler, in the town of Hur- ley, 141. Petitions of sundry prisoners in confinement at various pla- ces, for pardon and relief, . 963, 966, 972, 973, 974, 976, 98 1, 1004 (See Connecticut, 66.) 142. Resolution of Council of Safety, for the transportation of, confined in the New-England States, to the Fleet prison at Esopus, 968 143. Resolution of Council of Safety, inquiring as to the discharge of, sent to the jail at Philadelphia, 968 144. Letter to delegation in Congress respecting, 970 145. Regulations for the government and management of the Fleet prison, 973, 974 146. Requisition on Treasurer in favour of Cornelius C. Elmen- dorph, commissary of provisions of, 974 147. Discharge of John E. Van Men 976 (See Philadelphia. 5.) 148. Affidavits, &c. and order for discharge of Benjamin Dar- by, 1008 149. Resolution of Council of Safety for transmission of, confined in the Fleet prison, to Hartford, in Connecticut; letter to Gov. Trumbull thereupon, 1063 150. Letters from Ezekiel Williams, commissary of, for Connec- ticut, respecting; and resolutions of Council of Safety respecting, 1073, 1100 151. Letter from William Smith, requesting permission to go to the city of New-York ; permission denied, 1079 152. Appointment of commissioners to superintend the return of, from Hartford to this State, 1105, 110g 113. 114 115. 116. 117 118 119. 121 122. 123. 124. 125. 126. 127. 129 130 131. 132. 133. 134. 135. 136. 887 889 891 899 960 962 PAGE. PRISONERS — Continued. 153. Commissioners for detecting conspiracies, &c. authorized to discharge parols of, &c U16 154. Commissioners for superintending removal of, from Hart- ford, authorized to permit enlistment of, in any of the five Continental or Col. Malcom's regiments, with certain re- giments, with certain restrictions, 1116 PRISONERS OF WAR. Letter from Joseph Reed, adjutant-general, respecting provi- sion for, 517 Appointment of John McKesson and Robert Benson, as com- missaries for, 58i (See Martin, Joseph, 4.) Petitions of Jonathan Purdy, Jr. Rynier Van Housen, and John Fowler, praying to be admitted to their parols, 627 Resolution of Committee of Safety, authorizing the removal of, from Westchester county, to Woodbury, in the State of Connecticut, 683 (See Stewart, Alexander.) Report of Ebenezer Lockwood, relative to removal of, from Westchester county, 691 Letter from Josa. Loring, commissary of, at New- York, rela- tive to passports for, exchanged, 767 Answer of Committee of Safety, 767 Resolutions for the disposition of the effects of sundry per- sons violating their parols, and having rejoined the ene- my, 769 Letter frem Brig. Gen. McDougall, transmitting sundry per- sons therein named as, 796 Letter from Edward Dunscomb, son of Daniel Dunscomb, a prisoner at New-York, requesting that an exchange may be effected for him, 803 Letter from Committee of Safety to Gen. Washington, rela- tive to exchange of, 805 Petition of Moses Knapp, confined in Kingston jail, for re- lief, 838 Order for confinement of John Cummings and Alexander Cruikshanks, prisoners on parol, 838 Resolution of Convention for exchange of James Jauncy, Jr. for Major West, of the Pennsylvania battalion, 850 Order to committee of Albany, for the apprehension and con- finement of, 857 Letter from Col. Alexander Hamilton, informing of the ap- proval of Gen. Washington of the exchange of Major Ed- mondston ; order thereon, 883 Application of John Gamble to be exchanged ; resolution of Convention thereon 888 Letter from Council of Safety to delegation in Congress, re- specting the publication in this country and Europe, of the report of Committee of Congress relative to the treatment of, by the British, 947 Letter from secretary of board of war, requesting an account of expenses for, 983 Letter from Col. Van Schaick, accompanying the transmission of, 1014, 1040 Examination of Francis Horsman, a prisoner of the 53d regi- ment, relative to the condition of the British army, 1021 Appointment of Abraham B. Bancker as commissary of, in place of Christopher Bancker, resigned, 1029 Permission to John Patterson to proceed to New-York, for the purpose of effecting an exchange ; bond for return,. . . 1082 Letter from Convention to Delegates in Continental Congress, transmitting accounts and vouchers of disbursements by this State for, 1114 PRIVATEERS. 1. Proceedings and resolutions of Continental and Provincial Congress, relative to commissioning of, and issuing letters of marque and reprisal, and instructions of Continental Congress to the commanders of such vessels,. . . .357, 407, 408 2. Commission granted to James Smith, commander of the arm- ed sloop Gen. Schuyler, 411 3. Commission granted to Thomas Cregier, of the Gen. Putnam, and instructions to, 411, 438 4. Commission granted to William Rogers, of the Montgomerie, and instructions, 411,414 5. Letter from James Smith, commander of the Gen. Schuyler, returning his commission, 470 6. Commission to John Warner, as commander of the barque Washington, 503 7. Commission to Joseph White, for brigantine Enterprise,. . . . 510 8. Commission to Stewart Deane, for sloop Beaver, 510 9. Letter from officers and mariners of the privateer Putnam, relative to a mutiny on board of said vessel, 638 10. Resolution of Committee of Safety for the sale of the armed schooner Putnam, 6fi5, 697 11. Resolution of Committee for defraying the expenses of fitting out and paying off the wages of the officers and crew of the sloop Montgomery, 680 12. Appointment of Col. Broome as agent for sloop Montgomery, with authority to refit, &c 803 13. Letter from Committee of Safety to delegation in Continental Congress, informing of the arrival of Capt. William Rogers of the armed sloop Montgomery, at Baltimore, with a brig and schooner taken by him, and requesting assistance in pro- curing a condemnation of said brig, effecting sales of the prizes, and refitting ; letter to Capt. Rodgers, 805 INDEX. 1171 PAGE. PRIVATEERS— Continued. 14. Letter from Convention to Peter Colt, agent for sloop Mont- gomery, 845 15. Letter from Francis Lewis, one of the Delegates from this State in Continental Congress, relative to the disposition of the clothing and other cargo of the sloop Montgomery, and the proceedings of Congress thereon, &c 858, 859 16. Letter from Col. John Broome, relative to the Montgomery vessel of war, 915 17. Resolution of Convention for the payment of the wages of the crew of the armed sloop Montgomreie, for their discharge, and for the sale of said vessel, 955 18. Instructions to auditor-general, relative to the settlement of the accounts of the armed sloop Montgomerie, and resolu- tion for the payment to Capt. William Rodgers, late com- mander of said sloop, of four thousand pounds, for prize money, to himself and crew, 991 19. Letter from Col. John Broome, informing of the sale of the sloop Montgomerie, 992 20. Letter from Francis Lewis, transmitting accounts relative to the prices of the armed sloop Montgomerie, 1001 PRIVILEGE, BREACH OF. (See Provincial Congress, 13.) (See De Lancey, John.) PRIZES AND PRIZE VESSELS. (See Marine Committee, 3.) (See Hallett, Joseph, 11.) 1. Capture of brig Temple, and a Bermudian sloop, by the Con- tinental sloops Schuyler and Mifflin, and the armed sloop Montgomerie, 642 (See Privateers.) 2. Letter from Francis Lewis, one of the Delegates from this State in Continental Congress, relative to the disposition, by Congress, of the clothing and other cargo captured by the armed sloop Montgomery, and resolutions of Conven- thereon, 858, 859 PROVINCIAL CONGRESS. 1 . Letter from the New- York Committee to the counties, request- ing the election of Delegates to, 5 2. Organization of, and names and credentials of Deputies at- tending, May 23, 1775, 7, 8 3. Officers of, 7 4. Votes in, how taken, 8, 101 5. Rules of, 8 6. Resolution offiered by Mr. Low, respecting competency and powers of, and votes on said resolution, 8, 9 7. Resolution for opening proceedings of, each morning, with prayer, 9 8. To determine the number of men, not exceeding three thou- sand, necessary for the defence of the city of New-York, the fortifications at or near King's Bridge, the batteries at the Highlands, and the posts at or near Lake George ; to appoint officers and prescribe rules and regulations for government of, 16 9. Directions to, by Continental Congress, respecting bounties, clothing and pay of troops, and period of enlistment, 16 (See Resolutions of Provincial Congress.) 10. Letter from, to Continental Congress, enclosing communica- tion and documents from Albany committee, 24 11. Recognition by, of election of Delegates to Continental Con- gress, by Provincial Convention, 51 12. Resolutions, proceedings and report of, respecting plan of ac- commodation with Great Britain, and letter from Delegates in Continental Congress respecting,. . 20, 26, 50, 52 to 54, 58, 59 John De Lancey reprimanded by President, for an insult to Mr. Scott, and the dispute between them enjoined to be stopped, 101 Appointment of committee of ways and means, for discharg- ing debts contracted by, 101 Appropriation of $ 175,000 by Continental Congress, to dis- charge debts of, contracted by,' 102 Committee of observation appointed to employ boats to sail eastward, for the discovery of any fleet sailing towards New-York ; authorized to insure boats employed by, for this purpose, against seizure, 110, 111, 113 17. Resolutions of, for administering oath of secrecy to members and officers of, and all persons employed by ; form of oath, 116, 18. Proceedings of, relative to dissolution of, and election of new Delegates, 180, 19. Accounts of Secretaries of, audited, 20. Organization of, chosen on the 14th November, 1775, .... 21. Votes in, how directed to be taken, 22. Rules of, for transaction of business, 206 23. Hour of meeting and adjournment, 206 24. Sessions of, removed to Assembly Chamber of General As- sembly, 208 25. Letter to absent members of, 26. Appointment of committee to report a plan for a third Pro- vincial Congress, 27. Proceedings of Provincial Congress thereon, 352 28. Letter from Wm. Paulding, Chairman of Committee of Safe- ty, recommending the meeting of, 410 29. Organization of third Provincial Congress, 448 30. Votes in, how directed to be taken, 450 31. Rules of, 450 13. 14. 15. 16. PROVINCIAL CONGRESS — Continued. Resolutions of, declaring military officers ineligible to a seat PAGE. 495 117 185 188 205 206 240 332 34. 35. 36. 37. 38. 39. 10. 11. 12. 13. 14. 15. 16. 17. 18. 21, 22. 23. Resolutions for the adjournment of, to White-Plains, in West- chester county, and for the transfer thither of the public treasures and records, and the military stores, 512 List of members of, 512, 513 Organization of fourth Provincial Congress, 515 Resolution of, changing the style of, to that of " Convention of the Representatives of the State of New-York," 519 Adjournment of Provincial Convention to Harlem, 548 Adjournment of Provincial Convention to Fishkill, 599 Ratification of acts and proceedings of, 887 PROVINCIAL CONVENTION. Deputies to, held at the Exchange, in the city of New- York, April 20, 1775, 1 Organization and proceedings of, 1 Votes in, how taken, 1 Election by, of Delegates to Continental Congress, 4 Recognition of, by Provincial Congress, 51 Recognition of, by Convention of Representatives, 887 PROVINCIAL CURRENCY. (See Colonial Paper Currency.) PROVISIONS AND SUPPLIES. Directed to be furnished to garrisons stationed at Ticondero- ga and the south end of Lake George ; instructions respect- ing, 10, 11, 12, 18,21 Appointment of Peter T. Curtenius as commissary of, and in- structions to, 27 List of men and articles directed by Provincial Congress to be furnished by commissary, and forwarded to south end of Lake George, 28 Letter from Provincial Congress to Delegates in Continental Congress, respecting the lading of provisions for the use of the army and navy at Boston, consigned to Messrs. Lopez & Rome, at Rhode Island, on board of vessel of Captain Coffin, 38 Resolutions of Continental Congress, requesting Provincial Congress to forward to camp at Boston, five thousand bar- rels of flour for use of the Continental army, 39 Proceedings of Provincial Congress thereon, 39, 40 Commissary-General directed to purchase and forward to Al- bany 300 barrels of pork, 40 Return from John N. Bleecker of, received from New- York, and of the quantity forwarded to Fort George, 44, 45 (See Curtenius, Peter T.) Letter to John Alsop, of Philadelphia, relative to purchase of blankets, 60 (See Phelps, Elisha.) Receipt from Philip Lansingh to Egbert Dumond, for 200 bar- rels of flour for use of troops at Ticonderoga,. 65 (See Albany, 10,13, 13.) (See Van Rensselaer, Philip, 1.) (See Trumbull, Jonathan, Jr.) (See Livingston, Peter Van Brugh, 7.) Resolution prohibiting the departure of vessels containing, without permission, 123 (See Rhode Island, 3, 7.) (See Ships and Vessels.) (See Resolutions of Provincial Congress, 49.) (See Livingston. Peter Van Brugh, 11.) (See Drake, Col. Gilbert.) Appointment of committee to employ and despatch vessel for purchase of ; appropriations for, and mode of expendi- ture 145, 148, 183, 212 (See Massachusetts Bay, 17.) Measures for protection of stock against seizure by the Bri- tish troops, 220 (See Westchester County, 29, 30, 41, 43.) Resolution of Provincial Congress, prohibiting all obstruction in the supply of, 329 Resolution of Provincial Congress of New-Jersey, repealing embargo on exportation of, 330 Directions for providing magazines of, 357 Letter from General Washington to Provincial Congress, re- specting purchase of, from sundry disaffected persons on Long island 492, 493 Resolution of Provincial Congress, authorizing commissary- general to take, on refusal to sell, on payment of the mar- ket price thereof, 494 Resolutions of Continental Congress, prohibiting the exporta- tion of salted beef and pork, 497 Resolutions of Provincial Congress, recommending the sale of, to commissary, by the inhabitants, at a reasonable price, and providing for valuation thereof, 503 (See Washingion, George, 66.) Resolution of Convention for the purchase of wheat for the use of the army, and for the supply of flour, 689 Appointment of committee to devise ways and means for the better procuring of, and for the prevention of monopoly and engrossing in, 775, 795 Resolutions of Committee of Safety, for the sufficient supply of, for the use of the northern army, 800 (See Prices.) PROVOST, REV. SAMUEL. Appointed chaplain to Convention, and directed to open its 1172 INDEX. PAGE. PROVOST, REV. SAMUEL— Continued. daily sessions with prayer, and perform divine service on Sundays 810 2. Declension of, 818 PUBLIC DEBT. 1. Appointment of committee to consider the ways and means best adapted to discharge, 101 2. Appropriation of $175,000 by Continental Congress, to dis- charge of, 102 3. Report of committee of ways and means, 105 4. Resolutions respecting time for sinking of, 223 5. Directions for receipt of additional sum of money from Con- tinental Congress, 224 (See Loans.) (See Bills of Credit.) (See Continental Currency.) (See Colonial Currency.) PULVER HENDRICK. 1. Appointment of, as captain of the ninth company in Colonel .Peter R. Livingston's regiment of militia, 773 PURDY, DAVID. 1. Directed to be brought before Committee of Safety; repri- mand and discharge, 153, 154 PURDY, EBENEZER. 1. Appointment of, as major of militia in Westchester county,. 526 PURDY, ISAIAH. 1. Letter and affidavits from Committee of Safety of Newburgh and New- Windsor, respecting conduct of, in opposition to the liberties of the American Colonies, 81, 82 2. Sent by Committee of Safety as prisoner to Col. McDougall's camp, 82 3. Liberation of; letter from Provincial Congress to committees of Newburgh and New- Windsor ; and admonition to.,. ... 93 PUTNAM, ISRAEL. 1 Appointment of as major-general by Continental Congress,. 68 2. Letter from, to Committee of Safety, requesting the comple- tion and forwarding of the four New-York regiments, to the city of New-York, without delay, 401 3. Letter from, to Committee of Safety, requesting a guard for city records, 402 4. Instructions from Gen. Washington, to, for the regulation of his conduct, in respect to the determination of Provincial Congress, relative to the tories, and to concert measures with Gen. Greene, &c. during General Washington's ab- sence, 456 5. Letter from/informing of the inoculation of a number of peo- ple for the smallpox in the city of New- York, and request- ing the action of Provincial Congress thereon, 459 6. Communication of thanks of to Provincial Congress for their exertions, and that of the general committee for prevent- ing the spread of the smallpox; answer of Provincial Congress, 463 7. Letter from, to Provincial Congress, informing of the visita- tion of tories in jail, by ladies, &c 467 8. Letter from, informing of complaint against Sergeant McFall of the 26th regiment, taken at St. Johns, 471 Letter from, requesting the order of Provincial Congress, re- specting the tory prisoners at the fortifications at the High- lands ; transmitting a list of such prisoners ; resolutions and answer of Provincial Congress thereon, 471, 472 Letter from, respecting proceedings of the enemy, 956 Answer of Convention, 957 Letter from Council of Safety to, transmitting copy of a let- ter from General Schuyler, expressing his surprise at the conduct of the general officers in evacuating Ticonderoga, 992 Answer of Gen. Putnam, 994 14. Letter from, transmitting copy of the trial and sentence of Edmund Palmer, as a spy 1020 15. Letter from, to Gov. Clinton, respecting proceedings of, and requesting a temporary resumption of his command, in ex- pectation of an immediate attack from the enemy, 1027 16. Letter from, to Council of Safety relative to proceedings of commissioners of sequestration in Westchester county ; answer of Council, 1030, 1031 PYE, DAVID. 1. Letters from, respecting "provision for apprehension of de- serters from Capt. Johnson's company, 104, 161